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2014-05-06
Tuesday, May 06, 2014 at 6:00 PM 1. Roll -Call Attendance David Zaremba X Joe Borton X Charlie Rountree X Keith Bird X Genesis Milam Luke Cavener ® Mayor Tammy de Weerd 2. Pledge of Allegiance 3. Community Invocation by Bob Athay with the LDS Schurch 4. Adoption of the Agenda Adopted 5. Consent Agenda Approved A. Approve Minutes of April 15, 2014 City Council PreCouncil Meeting B. Approve Minutes of April 15, 2014 City Council Meeting C. Approve Minutes of April 22, 2014 City Council Meeting D. Police Department: Dog Licensing Agreement Between the City of Meridian and The Pet Doctor E. Award of Agreement for Architectural and Engineering Design Services - Storey Park Development" to Insight Architects for the Not -To -Exceed amount of $89,390.00. F. Approval of AIA C132 Standard Form Agreement for Construction Management Services for the Storey Park Development Project for the Not - To -Exceed amount of 5.25% of the construction cost, which is estimated to be $1,455,000.00. G. Approval of Task Order 10055 for Wastewater Treatment Plant - UV Disinfection System Expansion Phase 1 Design" to CH2M Hill Engineers, Inc. for the Not -To -Exceed amount of $191,571.00 Meridian City Council Meeting Agenda — Tuesday, May 06, 2014 Page 1 of 7 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. H. CableONE Movie Night in Meridian 2014 Single -Night Sponsorship Agreement Between Idaho Central Credit Union and the City of Meridian for a Not -to -Exceed Amount of $350.00 I. FP 14-013 Da Vinci Park by CS2, LLC Located 4715 N. Locust Grove Road Request: Final Plat Approval Consisting of Thirty -Five (35) Building Lots (34 Residential and 1 Commercial) and Five (5) Common Lots on 7.76 Acres of Land in the R-4, R-8 and C -N Zoning Districts J. FP 14-018 Messina Meadows No. 5 by Tuscany Development, Inc. Located North of E. Amity Road and West of S. Eagle Road Request: Final Plat Approval Consisting of Fifty -Two (52) Residential Lots and Six (6) Common Lots on 18.72 Acres of Land in the R-8 Zoning District K. Findings of Fact, Conclusions of Law for Approval: PP 13-043 Summerwood Subdivision by Kent Pintus Located at 4202 and 4052 W. Daphne Street Request: Preliminary Plat Approval Consisting of Thirty (30) Single Family Residential Building Lots and Four (4) Common/Other Lots on Ten (10) Acres of Land in an R-4 Zoning District L. Findings of Fact, Conclusions of Law for Approval: AZ 14-003 Heritage Grove by Tucker Johnson Located Northwest Corner of N. Locust Grove Road and E. Ustick Road Request: Annexation of Approximately 1.49 Acres from RUT in Ada County to the R-15 (Medium High Density Residential) Zoning District M. Findings of Fact, Conclusions of Law for Approval: PP 14-001 Heritage Grove by Tucker Johnson Located Northwest Corner of N. Locust Grove Road and E. Ustick Road Request: Preliminary Plat Approval Consisting of 121 Single Family Residential Lots and 19 Common Lots on Approximately 21.71 Acres in an Existing and Proposed R-15 Zoning District N. Findings of Fact, Conclusions of Law for Approval: PUD 14-001 Heritage Grove by Tucker Johnson Located Northwest Corner of N. Locust Grove Road and E. Ustick Road Request: Planned Unit Development to Modify the R-15 Dimensional Standards of the Mew and Alley Loaded Lots to Allow for Exemplary Design O. Findings of Fact, Conclusions of Law for Approval: MDA 14-001 Heritage Grove by Tucker Johnson Located Northwest Corner of N. Locust Grove Road and E. Ustick Road Request: Development Agreement Modification to Change the Development Plan from Multi -Family to Single Family P. Findings of Fact, Conclusions of Law for Approval: AZ 14-002 Revolution Ridge by C13, LLC Located at 1100 W. Riodosa Drive Request: Annexation and Zoning of 20.39 Acres of Land with an R-4 Zoning District. Meridian City Council Meeting Agenda — Tuesday, May 06, 2014 Page 2 of 7 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Q. Findings of Fact, Conclusions of Law for Approval: PP 13-040 Revolution Ridge Subdivision by C13, LLC Located at 1100 W. Riodosa Drive Request: Preliminary Plat Consisting of 64 Single -Family Residential Building Lots and 5 Common Lots on 19.74 Acres of Land in a Proposed R-4 Zoning District. R. Final Order for Approval: TEC 14-004 Ambercreek by Trilogy Idaho Located Southwest Corner of W. McMillan Road and N. Meridian Road Request: One (1) Year Time Extension on the Preliminary Plat in Order to Obtain the City Engineer's Signature on Final Plat S. Findings of Fact, Conclusions of Law for Approval: MDA 14-005 Northpointe Commercial by Blackhawk/Meridian, LLC Located Northwest Corner of W. McMillan Road and N. Linder Road Request: Amend the Recorded Development Agreement (Instr. ##103181095) to Remove the Requirement of Obtaining Detailed Conditional Use Permit for the Commercial Lots T. Findings of Fact, Conclusions of Law for Approval: RZ 14-002 Reardon Subdivision by CS2, LLC Located Southwest Corner of W. Cherry Lane and N. Summertree Way Request: Rezone Approximately 2.20 Acres from the R- 4 (Medium -Low Density Residential) Zoning District to the R-8 (Medium - Density Residential) Zoning District U. Findings of Fact, Conclusions of Law for Approval: PP 14-003 Reardon Subdivision by CS2, LLC Located Southwest Corner of W. Cherry Lane and N. Summertree Way Request: Preliminary Plat Approval of Ten (10) Single Family Residential Lots and Four (4) Common/Other Lots on Approximately 1.96 Acres in a Proposed R-8 Zoning District V. Findings of Fact, Conclusions of Law for Approval: AZ 14-004 Amberwave Subdivision by The Land Group, Inc. Located Southwest Corner of W. McMillan Road and N. Meridian Road Request: Annexation of Approximately 5.56 Acres from RUT in Ada County to the R-15 (Medium High Density Residential) Zoning District W. Findings of Fact, Conclusions of Law for Approval: PP 14-002 Amberwave Subdivision by The Land Group, Inc. Located Southwest Corner of W. McMillan Road and N. Meridian Road Request: Preliminary Plat Approval of Twenty -Seven (27) Single Family Residential Lots and Three (3) Common Lots on Approximately 4.70 Acres in the Proposed R-15 Zoning District X. Final Order for Approval: FP 14-010 McLinder Subdivision by TS Development Located 4650 N. Linder Road and 1437 W. McMillan Road Request: Final Plat Approval Consisting of Twenty -One (21) Building Lots Meridian City Council Meeting Agenda — Tuesday, May 06, 2014 Page 3 of 7 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. and Two (2) Common/Other Lots on 11.8 Acres of Land in an R-15 Zoning District Y. Final Order for Approval: FP 14-014 Paramount Subdivision No. 26 by SCS Brighton, LLC Located Northeast Corner of N. Linder Road and W. McMillan Road Intersection Request: Thirty -Two (32) Building Lots and Two (2) Common/Other Lots on 8.39 Acres of Land in the R-8 Zoning District Z. Final Order for Approval: FP 14-012 Ambercreek No. 2 by Trilogy Idaho Located Southwest Corner of W. McMillan Road and N. Meridian Road Request: Final Plat Approval Consisting of Fifty -Four (54) Single Family Residential Building Lots and Two (2) Common Lots on 10.58 Acres of Land in an R-8 Zoning District AA. Final Order for Approval: FP 14-017 Gramercy Heights Subdivision No. 1 by The Westpark Company, Inc. Located South of E. Overland Road and West of S. Eagle Road on E. Griffon Street Request: Final Plat Approval Consisting of Six (6) Building Lots on 1.01 Acres of Land in the R-15 Zoning District BB. Final Order for Approval: FP 14-016 Casa Bella Subdivision by Providence Properties, LLC Located 5555 N. Locust Grove Road Request: Final Plat Approval Consisting of Twenty -One (21) Building Lots and Four (4) Common/Other Lots on 14.69 Acres of Land in the L -O and R-8 Zoning Districts CC. Development Agreement for Approval: AZ 13-012 Sagewood Subdivision by Sagewood Overland„ LLC Located on the South Side of W. Overland Road Approximately 650 Feet West of S. Stoddard Road. Request: Annexation of Approximately 16.34 Acres from R1 and RUT in Ada County to the L -O (Limited Office)(5.02 acres) and R-8 (Medium -Density Residential)(11.32 acres) Zoning Districts. DD. Development Agreement for Approval: AZ 13-016 Southern Highlands Subdivision by BHH Investments I, LLC Located South Side of E. Amity Road West of S. Eagle Road and North of E. Taconic Drive Request: Annexation and Zoning of 126.27 Acres of Land with an R-4 Zoning District EE. Development Agreement for Approval: MDA 14-002 Da Vinci Park by CS2, LLC Located Southwest Corner of N. Locust Grove Road and E. McMillan Road Request: Amendment to the Development Agreement to Allow a Mix of Single Family Attached and Detached Lots Instead of all Attached Lots and Update the Conceptual Development Plan FF. Development Agreement for Approval: MDA 14-003 Kennedy Commercial Center by Derk Pardoe Located North Side of W. Overland Road and West Meridian City Council Meeting Agenda — Tuesday, May 06, 2014 Page 4 of 7 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. of S. Stoddard Road Request: Amend the Recorded Development Agreement (DA) (Instrument #108119853) for the Purpose of Excluding the Property from the Recorded DA and Incorporating a New Concept Plan and Building Elevations Consisting of Office, Retail and Multi -Family Residential into a New DA CC. Development Agreement for Approval: MDA 13-025 Centre Point Square by Centre Point Square, LLC Located West of N. Eagle Road and South of E. Ustick Road Request: Development Agreement Modification to Change the Development Plan from Multi -Family to Single Family HH. Resolution No. 14-986: VAC 14-002 Reardon Subdivision by CS2, LLC Located Southwest Corner of W. Cherry Lane and N. Summertree Request: Vacate the Private Drain Field Easement on Lot 2, Block 1 and Note #6 Platted with the Hearthstone Subdivision II. Resolution No. 14-987: VAC 14-003 Jayker No. 1 (Lots 15 & 16, Block 11) by The Club at Spurwing LLC Located North of Chinden Boulevard and East of N. Jayker Way Request: Vacate a Portion of the 10 -Foot Wide Public Utility, Drainage and Irrigation (PUDI) Easement Along the Shared Lot Lines of Lots 15 and 15 AND Lots 16 and 17, Block 11 Platted with Jayker Subdivision No. 1 JJ. Resolution No. 14-988: A Resolution of the Mayor and Council of the City of Meridian Authorizing the City Clerk to Destroy Certain Semi -Permanent and Temporary Records of the City Clerk's Office KK. Resolution No. 14-989: Resolution Extending The Cooperative Construction And Reimbursement Agreement With JLJ Enterprises And The City Of Meridian Entered Into On Or About March 10-12, 2009 6. Items Moved From Consent Agenda None 7. Action Items A. Continued from April 15, 2014: FP 14-015 Whitebark Subdivision No. 1 by T&M Holdings Located 2135 E. Amity Road Request: Final Plat Consisting of Twenty -Nine (29) Building Lots and Five (5) Common Lots on 10.54 Acres of Land in an R-4 Zoning Districts Withdrawn B. FP 14-019 Chesterfield No. 3 by Northside Management Located South of W. Pine Avenue Between N. Black Cat Road and N. Ten Mile Road Request: Final Plat Approval Consisting of Forty -Eight (48) Residential Lots on 7.42 Acres of Land in the R-8 Zoning District Approved Meridian City Council Meeting Agenda — Tuesday, May 06, 2014 Page 5 of 7 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. A C. Public Wearing: TEC 14-005 Browning Plaza Subdivision by SLN Planning/Boise Waltman, LLC Located South Side of W. Waltman Lane and North Side of 1-84, West of S. Meridian Road Request: Two (2) Year Time Extension on the Preliminary Plat in Order to Obtain the City Engineer's Signature on a Final Plat Approved D. Public Wearing: AZ 14-001 Ten Mile Center by Treasure Valley Investments, LLC Located South of W. Franklin Road on the East Side of S. Ten Mile Road Request: Annexation and Zoning of 120.69 Acres of Land with the R-8 (13.23 Acres), TN -C (26.11 Acres) and C -C (81.35 Acres) Zoning Districts Continued to June 3, 2014 E. Public Wearing: PP 14-004 Biltmore Subdivision by L.C. Development, Inc. Located South of W. Victory Road and West of S. Meridian Road Request: Preliminary Plat Approval Consisting of 159 Single Family Residential Building Lots and Twelve (12) Common/Other Lots on 56.19 Acres of Land in an R-4 Zoning District Approved Department Reports A. Public Works Department: Budget Amendment for FY2014 in the Amount of $175,000.00 for Waterline Extensions Approved B. Approval of Award of Bid and Agreement to Paul Construction for the "Waltman Street Waterline Extension - Construction" project for a Not -To - Exceed amount of $74,770.00 Approved 9. Ordinances A. Ordinance No. 14-1603: An Ordinance (AZ 13-012 — Sagewood Subdivision) For Annexation Of A Parcel Of Land Located In The NW '/4 Of Section 24, Township 3 North, Range 1 West, Boise, Meridian, Ada County, Idaho, Establishing And Determining The Land Use Zoning Classification Of Said Lands From RUT And R-1 To L -O (Limited Office District) And R-8 (Medium Density Residential District) In The Meridian City Code; And Providing An Effective Date Approved B. Ordinance No. 14-1604: An Ordinance (AZ 13-016 — Southern Highlands) For Annexation Of A Parcel Situated In A Portion Of Section 32, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, More Particularly Described As Lots 16 And 24, Block 1, A Portion Of Lot 1, Block 4, A Portion Of Lot 1, Block 5, And A Portion Of Lot 1, Block 6 Of Blackrock Subdivision No. 1, And A Portion Of S. Eagle Road And E. Taconic Drive Right -Of -Ways, Determining The Land Use Zoning Classification Of Said Lands From RUT To R-4 (Medium Low Density Residential District) In The Meridian City Council Meeting Agenda — Tuesday, May 06, 2014 Page 6 of 7 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Meridian City Code; And Providing For A Waiver Of The Reading Rules; And Providing An Effective Date Approved 10. Future Meeting Topics None 11. Amended onto the Agenda: Executive Session Per Idaho State Code 67-2345 (1)(c)(f): (c) To Conduct Deliberations Concerning Labor Negotiations or to Acquire an Interest in Real Property, Which is Not Owned by a Public Agency; AND (f) To Consider and Advise Its Legal Representatives in Pending Litigation Into Executive Session 9:26 •! Out of Executive Session at 10:38 p.m. Adjourned v Meridian City Council Meeting Agenda — Tuesday, May 06, 2014 Page 7 of 7 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Meridian City Council May 6, 2014 A meeting of the Meridian City Council was called to order at 6:00 p.m., Tuesday, May 6, 2014, by Mayor Tammy de Weerd. Members Present: Mayor Tammy de Weerd, Keith Bird, Charlie Rountree, David Zaremba Joe Borton, Genesis Milam and Luke Cavener. Others Present: Bill Nary, Jaycee Holman, Bruce Chatterton, Kyle Radek, Sonya Watters, Jamie Leslie, Perry Palmer, Steve Siddoway, and Dean Willis. Item 1: Roll -call Attendance: Roll call. X David Zaremba X Joe Borton X Charlie Rountree X Keith Bird X Genesis Milam X Luke Cavener X Mayor Tammy de Weerd De Weerd: Good evening. I will go ahead and start tonight's meeting by first welcoming you all to the Meridian City Council meeting and let you know we appreciate having you here. For the record it is Tuesday, May 6th. It's 6:00 p.m. I will start with roll call attendance, Madam Clerk. Item 2: Pledge of Allegiance De Weerd: Item No. 2 is the pledge to our flag. If you will all rise and join us in the Pledge of Allegiance. (Pledge of Allegiance recited.) Item 3: Community Invocation by Bob Athay with the LDS Church De Weerd: Item No. 3 is our community invocation. Tonight we will be led by Bob Athay with the LDS church. If you will all join us in the community invocation or take this as an opportunity for a moment of reflection. Thank you for joining us. Athay: Our Father in Heaven, as we come before thee this evening in this City Council meeting, we thank thee for the liberty which we enjoy, for the ability that we have to meet together to discuss the affairs of our local government and for our society and community. We thank thee for the men and women who serve in the military and also the first responders. We pray for their protection that they will be protected as they serve us. We thank thee again for the liberties which we enjoy and we pray that we will be able to work together to preserve these liberties and freedoms for our generation and also for future generations. We pray now, Father, that we can open this meeting with thy blessing and we do so in the name of Jesus Christ, amen. Meridian City Council May 6, 2014 Page 2 of 66 De Weerd: I would like to offer you a City of Meridian pin for leading us today. Item 4: Adoption of the Agenda De Weerd: Item No. 4 is adoption of the agenda. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I have some additions to the agenda that I'd like to note. Item 5 -HH, the proposed resolution number is 14-986. 5 -II the resolution number is 14-987. And JJ the proposed resolution number is 14-988 and 5 -KK the proposed resolution number is 14-989. 7-A the applicant has requested that item be withdrawn from the agenda. On Items 9-A the proposed ordinance number is 14-1603. And 9-13 the proposed ordinance number is 14-1604. And Item 11 has been requested to be amended to the agenda for an Executive Session per Idaho State Code 67-2345, paragraph (1)(c) and (1)(f). And with those modifications and additions, Madam Mayor, I move that we approve the agenda. Milam: Second. De Weerd: I have a motion and a second to approve the agenda as amended. All those in favor say aye. I think that was all ayes. MOTION CARRIED: FIVE AYES. ONE ABSENT. Item 5: Consent Agenda A. Approve Minutes of April 15, 2014 City Council PreCouncil Meeting B. Approve Minutes of April 15, 2014 City Council Meeting C. Approve Minutes of April 22, 2014 City Council Meeting D. Police Department: Dog Licensing Agreement Between the City of Meridian and The Pet Doctor E. Award of Agreement for "Architectural and Engineering Design Services - Storey Park Development" to Insight Architects for the Not -To -Exceed amount of $89,390.00. F. Approval of AIA C132 Standard Form Agreement for Construction Management Services for the Storey Park Meridian City Council May 6, 2014 Page 3 of 66 Development Project for the Not -To -Exceed amount of 5.25% of the construction cost, which is estimated to be $1,455,000.00. G. Approval of Task Order 10055 for "Wastewater Treatment Plant - UV Disinfection System Expansion Phase 1 Design" to CH2M Hill Engineers, Inc. for the Not -To -Exceed amount of $191,571.00 H. CableONE Movie Night in Meridian 2014 Single -Night Sponsorship Agreement Between Idaho Central Credit Union and the City of Meridian for a Not -to -Exceed Amount of $350.00 I. FP 14-013 Da Vinci Park by CS2, LLC Located 4715 N. Locust Grove Road Request: Final Plat Approval Consisting of Thirty - Five (35) Building Lots (34 Residential and 1 Commercial) and Five (5) Common Lots on 7.76 Acres of Land in the R-4, R-8 and C -N Zoning Districts J. FP 14-018 Messina Meadows No. 5 by Tuscany Development, Inc. Located North of E. Amity Road and West of S. Eagle Road Request: Final Plat Approval Consisting of Fifty -Two (52) Residential Lots and Six (6) Common Lots on 18.72 Acres of Land in the R-8 Zoning District K. Findings of Fact, Conclusions of Law for Approval: PP 13-043 Summerwood Subdivision by Kent Pintus Located at 4202 and 4052 W. Daphne Street Request: Preliminary Plat Approval Consisting of Thirty (30) Single Family Residential Building Lots and Four (4) Common/Other Lots on Ten (10) Acres of Land in an R-4 Zoning District L. Findings of Fact, Conclusions of Law for Approval: AZ 14-003 Heritage Grove by Tucker Johnson Located Northwest Corner of N. Locust Grove Road and E. Ustick Road Request: Annexation of Approximately 1.49 Acres from RUT in Ada County to the R-15 (Medium High Density Residential) Zoning District M. Findings of Fact, Conclusions of Law for Approval: PP 14-001 Heritage Grove by Tucker Johnson Located Northwest Corner of N. Locust Grove Road and E. Ustick Road Request: Preliminary Plat Approval Consisting of 121 Single Family Residential Lots and 19 Common Lots on Approximately 21.71 Acres in an Existing and Proposed R-15 Zoning District Meridian City Council May 6, 2014 Page 4 of 66 N. Findings of Fact, Conclusions of Law for Approval: PUD 14- 001 Heritage Grove by Tucker Johnson Located Northwest Corner of N. Locust Grove Road and E. Ustick Road Request: Planned Unit Development to Modify the R-15 Dimensional Standards of the Mew and Alley Loaded Lots to Allow for Exemplary Design O. Findings of Fact, Conclusions of Law for Approval: MDA 14- 001 Heritage Grove by Tucker Johnson Located Northwest Corner of N. Locust Grove Road and E. Ustick Road Request: Development Agreement Modification to Change the Development Plan from Multi -Family to Single Family P. Findings of Fact, Conclusions of Law for Approval: AZ 14-002 Revolution Ridge by C13, LLC Located at 1100 W. Riodosa Drive Request: Annexation and Zoning of 20.39 Acres of Land with an R-4 Zoning District. and Two (2) Common/Other Lots on 11.8 Acres of Land in an R-15 Zoning District Y. Final Order for Approval: FP 14-014 Paramount Subdivision No. 26 by SCS Brighton, LLC Located Northeast Corner of N. Linder Road and W. McMillan Road Intersection Request: Thirty -Two (32) Building Lots and Two (2) Common/Other Lots on 8.39 Acres of Land in the R-8 Zoning District Z. Final Order for Approval: FP 14-012 Ambercreek No. 2 by Trilogy Idaho Located Southwest Corner of W. McMillan Road and N. Meridian Road Request: Final Plat Approval Consisting of Fifty -Four (54) Single Family Residential Building Lots and Two (2) Common Lots on 10.58 Acres of Land in an R-8 Zoning District AA. Final Order for Approval: FP 14-017 Gramercy Heights Subdivision No. 1 by The Westpark Company, Inc. Located South of E. Overland Road and West of S. Eagle Road on E. Griffon Street Request: Final Plat Approval Consisting of Six (6) Building Lots on 1.01 Acres of Land in the R-15 Zoning District BB. Final Order for Approval: FP 14-016 Casa Bella Subdivision by Providence Properties, LLC Located 5555 N. Locust Grove Road Request: Final Plat Approval Consisting of Twenty -One (21) Building Lots and Four (4) Common/Other Lots on 14.69 Acres of Land in the L -O and R-8 Zoning Districts Meridian City Council May 6, 2014 Page 5 of 66 CC. Development Agreement for Approval: AZ 13-012 Sagewood Subdivision by Sagewood Overland„ LLC Located on the South Side of W. Overland Road Approximately 650 Feet West of S. Stoddard Road. Request: Annexation of Approximately 16.34 Acres from R1 and RUT in Ada County to the L -O (Limited Office)(5.02 acres) and R-8 (Medium -Density Residential)(11.32 acres) Zoning Districts. DD. Development Agreement for Approval: AZ 13-016 Southern Highlands Subdivision by BHH Investments I, LLC Located South Side of E. Amity Road West of S. Eagle Road and North of E. Taconic Drive Request: Annexation and Zoning of 126.27 Acres of Land with an R-4 Zoning District EE. Development Agreement for Approval: MDA 14-002 Da Vinci Park by CS2, LLC Located Southwest Corner of N. Locust Grove Road and E. McMillan Road Request: Amendment to the Development Agreement to Allow a Mix of Single Family Attached and Detached Lots Instead of all Attached Lots and Update the Conceptual Development Plan FF. Development Agreement for Approval: MDA 14-003 Kennedy Commercial Center by Derk Pardoe Located North Side of W. Overland Road and West of S. Stoddard Road Request: Amend the Recorded Development Agreement (DA) (Instrument #108119853) for the Purpose of Excluding the Property from the Recorded DA and Incorporating a New Concept Plan and Building Elevations Consisting of Office, Retail and Multi - Family Residential into a New DA GG. Development Agreement for Approval: MDA 13-025 Centre Point Square by Centre Point Square, LLC Located West of N. Eagle Road and South of E. Ustick Road Request: Development Agreement Modification to Change the Development Plan from Multi -Family to Single Family HH. Resolution No. 14-986: VAC 14-002 Reardon Subdivision by CS2, LLC Located Southwest Corner of W. Cherry Lane and N. Summertree Request: Vacate the Private Drain Field Easement on Lot 2, Block 1 and Note #6 Platted with the Hearthstone Subdivision II. Resolution No. 14-987: VAC 14-003 Jayker No. 1 (Lots 15 & 16, Block 11) by The Club at Spurwing LLC Located North of Chinden Boulevard and East of N. Jayker Way Request: Vacate a Portion of the 10 -Foot Wide Public Utility, Drainage and Meridian City Council May 6, 2014 Page 6 of 66 Irrigation (PUDI) Easement Along the Shared Lot Lines of Lots 15 and 15 AND Lots 16 and 17, Block 11 Platted with Jayker Subdivision No. 1 JJ. Resolution No. 14-988: A Resolution of the Mayor and Council of the City of Meridian Authorizing the City Clerk to Destroy Certain Semi -Permanent and Temporary Records of the City Clerk's Office KK. Resolution No. 14-989: Resolution Extending The Cooperative Construction And Reimbursement Agreement With JLJ Enterprises And The City Of Meridian Entered Into On Or About March 10-12, 2009 Bird: Item 5 is our Consent Agenda. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we approve the Consent Agenda, Item 5, with all the previously approved additions. Milam: Second. De Weerd: I have a motion and a second to approve the Consent Agenda. Madam Clerk, will you call roll. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea; Milam, yea; Cavener, absent. De Weerd: All ayes. Motion carries. MOTION CARRIED: FIVE AYES. ONE ABSENT. Item 6: Items Moved From Consent Agenda De Weerd: There were no items moved from the Consent Agenda. Item 7: Action Items A. Continued from April 15, 2014: FP 14-015 Whitebark Subdivision No. 1 by T&M Holdings Located 2135 E. Amity Road Request: Final Plat Consisting of Twenty -Nine (29) Building Lots and Five (5) Common Lots on 10.54 Acres of Land in an R-4 Zoning Districts Meridian City Council May 6, 2014 Page 7 of 66 De Weerd: So we will move into Action Items. Item 7-A the applicant has requested to withdraw this application. I will entertain a motion at this time. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we remove Item 7-A from the agenda. Bird: Second. Milam: Second. De Weerd: I have a motion and a second to remove Item 7-A from the agenda and accept the applicant's request for withdrawal. Madam Clerk, will you call roll. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea; Milam, yea; Cavener, absent. De Weerd: All ayes. Motion carried. MOTION CARRIED: FIVE AYES. ONE ABSENT. B. FP 14-019 Chesterfield No. 3 by Northside Management Located South of W. Pine Avenue Between N. Black Cat Road and N. Ten Mile Road Request: Final Plat Approval Consisting of Forty -Eight (48) Residential Lots on 7.42 Acres of Land in the R-8 Zoning District De Weerd: Item 7-13, Council, is final plat 14-019. The applicant has agreed with the staff report. We got that in after this was printed. Staff, anything further on that? Watters: Nothing further, Madam Mayor. De Weerd: Okay. Council, any questions? Bird: I have none. Rountree: I have none. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Seeing how nobody has no questions, I move that we approved FP 14-019. Meridian City Council May 6, 2014 Page 8 of 66 Milam: Second. De Weerd: I have a motion and a second to approve Item 7-B. if there is no discussion, Madam Clerk, will you call roll. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea; Milam, yea; Cavener, absent. De Weerd: All ayes. Motion carried. MOTION CARRIED: FIVE AYES. ONE ABSENT. C. Public Hearing: TEC 14-005 Browning Plaza Subdivision by SLN Planning/Boise Waltman, LLC Located South Side of W. Waltman Lane and North Side of 1-84, West of S. Meridian Road Request: Two (2) Year Time Extension on the Preliminary Plat in Order to Obtain the City Engineer's Signature on a Final Plat De Weerd: Item 7-C is a public hearing on TEC 14-005. 1 will open this public hearing with staff comments. Watters: Thank you, Madam Mayor, Members of the Council. The next application before you is a request for a time extension on the preliminary plat for Browning Plaza Subdivision. This site consist of 38.21 acres of land. It's currently zoned C -G and is located on the south side of West Waltman Lane, north of 1-84, approximately a quarter mile west of South Meridian Road. The applicant requests approval of a two year time extension on the preliminary plat for the Browning Plaza Subdivision in order to obtain the city engineer's signature on the final plat. This is the third extension requested by the applicant. The preliminary plat consists of 40 building lots and two common area lots on 38.21 acres of land. Shawn Nickel submitted written testimony on this application in agreement with the staff report. Staff is recommending approval. However, as with all extensions, the Council may require the preliminary plat to comply with current provisions of the UDC. Therefore, staff is recommending approval with the condition the applicant revise the development plans to comply with the 2013 addition of the Supplemental Specifications and Drawings to the Idaho Standards for Public Works Construction. That's all staff has, if the Council has any questions. De Weerd: Council, any questions? Rountree: I have none. Bird: I have none. De Weerd: Okay. Applicant have any comments? Can't hear me? I'm sorry. 1 will talk louder. Most people say I talk loud enough. Okay. Is the applicant here this evening? Meridian City Council May 6, 2014 Page 9 of 66 Do you have anything you would like to add? This is a public hearing. Is there anyone who would like to provide testimony on this item? Council, do you have any questions for staff or applicant regarding this time extension request? Rountree: I have none. Bird: I have none. De Weerd: If there is nothing further, I would entertain a motion to close the public hearing. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we close the public hearing on TEC 14-005. Rountree: Second. De Weerd: I have a motion and a second to close the public hearing on Item 7-C. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: FIVE AYES. ONE ABSENT. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve TEC 14-005 and to include all staff comments and conditions. Rountree: Second. De Weerd: I have a motion and a second to approve Item 7-C. Any discussion from Council? Madam Clerk, will you call roll. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea; Milam, yea; Cavener, absent. De Weerd: All ayes. Motion carried. MOTION CARRIED: FIVE AYES. ONE ABSENT. D. Public Hearing: AZ 14-001 Ten Mile Center by Treasure Valley Investments, LLC Located South of W. Franklin Road on the East Side of S. Ten Mile Road Request: Annexation and Zoning Meridian City Council May 6, 2014 Page 10 of 66 of 120.69 Acres of Land with the R-8 (13.23 Acres), TN -C (26.11 Acres) and C -G (81.35 Acres) Zoning Districts De Weerd: Item 7-D is a public hearing on AZ 14-001. 1 will open this public hearing and ask for staff comments at this time. Watters: Thank you, Madam Mayor, Members of the Council. The next application before you is a request for annexation and zoning. This site consists of 120.69 acres of land, currently zoned RUT in Ada County, and is located on the east side of South Ten Mile Road midway between 1-84 and West Franklin Road. The application proposes to annex and zone the site as follows: 81.35 acres of land located in the lifestyle center, consisting of 63 acres. High density residential, which is consisting of 15 acres and medium high density residential, which is approximately 1.5 acres and they are proposing to annex that with a C -G zoning district. And, then, 14 and a half acres located in the high density residential and medium high density residential designated areas to TN -C. And 11.5 acres located in the medium density residential designated area to TN -R and 13.23 acres located in the medium density residential designated area to R-8. You can see on this map here the colored one is the future land use map with the designations I just spoke of and, then, down below is the proposed zoning. It shows how it coincides with the future land use map. A conceptual development plan was submitted that depicts a future street layout for the site consistent with the transportation plan for this area. However, no building pads, parking, or future uses are shown on the plan. Residential uses up to eight dwelling units per acre, excuse me, are proposed to develop in the R-8 district. A minimum of 95 residential units are proposed in the TN -R district in addition to other uses as allowed in the zone. And a minimum of 300 residential uses are proposed to develop in the C -G and/or the TN -C zoned areas combined. The C -G area is this color right here, if you can make it out on that. TN -C, TN -R, and R-8. Conceptual building elevations were not submitted with the annexation request. Future development of this site, including structures, should be consistent with the provisions of the UDC, the Meridian design manual, and the design elements contained in the Ten Mile plan. Further details of those design elements are included in the proposed development agreement provisions listed in Exhibit A-6 of the staff report. A multi -use pathway is required across the site connecting Peregrine Elementary to Ten Mile and Franklin Roads in accord with the master pathways plan as shown. The Commission heard this request for annexation and zoning and is recommending approval to the City Council. Summary of the Commission hearing. Eric Davis and Becky McKay testified in favor of the application. In opposition Jeanette Ockerman was speaking for a group. Dennis -- apologies if I don't pronounce your name right -- Garrison, Don Downum, Cindy Atwood, Ron Hohnstein, Jennifer Johnson, Margaret Moser, Christine Lambing, Steve Osborn, John Mabitt, Doug Thompson and Angie McNulty all testified in opposition. Sarah Weekes commented. Written testimony was received from Jim Wolf, Jerry and Kay Sowards, Jeanette Ockerman. A petition signed by adjacent residents in opposition to the high level of residential density and access to Waltman Lane. Craig Downum, John Downum, John Osborn, Maggie Weekes, Margaret Moser and Dave Dansereau. Key issues of discussion by the Commission were the traffic impacts on the adjacent rural residential neighborhood and roads at the Meridian City Council May 6, 2014 Page 11 of 66 southeast corner of the site. Concern regarding the potential for 300 dwelling units to develop in a TN -C district versus spread out over the TN -C and C -G districts. They were concerned about the wording in regard to those issues of DA provision 4.1.6 -- Exhibit A-6. The impact of additional residential dwellings in this area on the school system and the importance of creating a transition and compatible uses at an appropriate scale adjacent to existing residential properties. Two commission changes to the staff report. They voted to modify conditions 4.1.14 and 4.1.6 as requested by the applicant as shown in Exhibit A-6. There are no outstanding issues for Council. Written testimony received since the Commission hearing was received from Gary and Kay Fords and Jeanette Ockerman with a petition. Staff will stand for any questions Mayor and Council may have. De Weerd: Thank you. Council, any questions for staff at this time? Bird: I have none. Rountree: Not right now. De Weerd: Okay. As we enter into the public hearing part of it, the applicant will give their presentation. They have ten minutes. And, then, we will open it up for public testimony. Three minutes each. If you speak on behalf of a group -- usually it's an HOA or others defer their time to you, that will be six minutes. So, we will go ahead and ask if the applicant would like to come forward. Davis: Madam Mayor. De Weerd: Good evening. If you will, please, state your name and address for the record. Davis: I'm Eric Davis. Retail West Properties. 199 North Capital Boulevard, Suite 300, Boise. De Weerd: Thank you. Davis: Madam Mayor. Council. I stood here maybe in the old building about 12 years ago and -- with Mike Ballantyne and we presented an offer for five million dollars to get this Ten Mile interchange kicked off and it proved out to be successful and took off and did a project in Tucson and come back helping Treasure Valley Investments with this project. But during that period of time I was able to meet a lot of the neighbors, a lot of the property stakeholders right around the project who understood the diverse nature of all their interests, farmers and ranchers and investors and -- and as the Ten Mile interchange got approved I participated in some of the planning with HGR on the specific plan and through what Meridian has done to organize and direct its efforts and guide the development, because with all of the diverse interests a plan is needed and we have -- you know, we find value in it. It conveys an expectation in professional terms that is way above and beyond what we can do ourselves. We need the backbone Meridian City Council May 6, 2014 Page 12 of 66 of the jurisdiction. It emphasizes density, multiple uses, sustainability, quality of design, and we can actually take this plan and give it to a tenant, a retailer, or whoever might come our way and say here is what we expect -- you know, you have to do at least this much and however you configure yourself, you know, pay attention. So, we are ready to go out and find what comes our way. This zoning and annexation will allow us to do that. It's a unique opportunity. In fact, if you think about it, with the three owners that are there today with Treasure Valley Investments, Brighton, and Cal -Non, there is probably 250, 300 -- over 300 acres and only three owners and this will be the -- this transition will be the -- will be the 250 zone -- or acres rather of commercial zoning. And don't know if it's a fact, but I think it's probably the largest contiguous commercially zoned piece of property between Seattle and Salt Lake City on a freeway with a market like ours. So, it's significant what we are about to do and we don't have any debt on the property. We don't have to go out and sell a pad to McDonald's to make an interest payment to the bank. We are able to be patient, work -- make our plan, work our plan and we are not asking for the plat or a plan approval, because we, quite frankly, don't have that lead tenant, the bell cow tenant, the major corporate, whoever it might be, but we have high hopes and high expectations. So, I'd like to just introduce our team. In fact, tonight we have Mirazim Shakoori with Treasure Valley Investments, who is in from out of town, and he's owned the land for 12 to 15 years. Deb Nelson with Givens Pursley and, then, Becky McKay with Engineering Solutions will follow up and finish the rest of this presentation. Thank you. McKay: Becky McKay with Engineering Solutions. Business address 1029 North Rosario, Meridian. De Weerd: Thank you. McKay: I didn't think you guys would move through the agenda that fast. I had Boise City Council tonight also and so I had to get Sheri ready for -- so, it took me a little bit. Thanks for your patience. I have been working on this particular project with Eric Davis and with Mirazim and Deb Nelson. Initially they came to me and they -- they indicated that the Brighton project to the south and the Brighton project to the north were proceeding forward and their parcel was right in between this and they hadn't taken any time to look at how these roadways were going to work, how it was going to impact them. ITD was asking for collector easements that would benefit this whole section and that they couldn't stand by and do nothing, they had to, obviously, look at some long range plans, so that as part of development of this section as indicated in the Ten Mile specific area plan that this transportation system would be established and as you well know with what transpired to the west of Ten Mile, all the properties unique to this area are contingent of development of these collectors. So, Mirazim wanted to have -- he had CHSQA, he had us look at it, meet with the staff and we had a long kind of evolutionary process in figuring out, okay, based on that Ten Mile specific area plan, based on what's happening around us, what is a good fit on this particular piece of property and what can we do so that he has the ability to dedicate these right of ways if asked, when required by adjoining properties to -- to build these, but yet not compromise the future development of this property. So, we worked with the staff to Meridian City Council May 6, 2014 Page 13 of 66 come up with kind of a composite based on the designation. We had, obviously, the lifestyle center that was in the original land use designation was on this property. Well, the complexity that was kind of thrown -- or the curve ball that was thrown to Mirazim was when Brighton came through with their particular project, Ten Mile Creek to the south of us, they asked the Council to evaluate that land use map that's attached to the Ten Mile specific area plan and remove the lifestyle center, which overlapped onto Brighton significantly. The Council went ahead and they approved commercial designation on that land use map. So, what it left on this particular property was a half of a lifestyle center. So, working with the staff they understood the difficulty and what we were struggling with and we found the compromise and so the staff said, well, let's -- let's have C -G, we will transition into TN -C or transition to TN -R and, then, R-8 and we believe that these zoning designations and these annexations fit the Ten Mile area specific plan and comply and make sense based on the changes that have taken place since 2007. So, that's exactly what we did. We -- we worked -- we had neighborhood meetings with the adjoining properties and one of the other complexities of this parcel is the fact that we have an estate county subdivision on our southern boundary. So, obviously, their concern was traffic, transitioning and how this particular development would affect them. We explained the Ten Mile plan and, you know, for the single family dwelling out in that particular area, they weren't real versed in what had transpired, but they did admit this makes sense and we see that, you know, the City of Meridian and ITD have spent 32 million dollars on that Ten Mile interchange and so, obviously, commercial development will take place. Now, as far as how that takes place, you know, they, obviously, want an input. I -- after the neighborhood meeting they gave me all of their comments on the transportation. There is an existing elementary school within their neighborhood that -- that accesses out to Linder Road and they talked about the fact that their street of Waltman bears all that burden of traffic. So, I typed up all of their transportation concerns. I sent that over to ACHD and said, you know, these -- these are some of the concerns of the adjoining neighborhood. ACHD came back and indicated, you know, as far as the traffic on Linder, it's light, the fact that it dead ends into the freeway. As far as Waltman and capacity, obviously, the peak hours are when the school -- school kids and their parents and doing drop offs and when they are doing pick up. I did go out, I did drive around the neighborhood during -- when the kids got out of school, so I could -- I could see exactly what kind of volume was taking place, what kind of stacking were we seeing out their along Waltman and Linder and it -- it did not appear to be heavy to me, you know, you had ten, 12 cars backing up all along Waltman -- De Weerd: Please, I'd ask you to be respectful. McKay: So, ACHD, when we bring in a specific design, has indicated they are going to ask for inner connectivity. They believe that the internal collector roadways that we will construct will benefit and provide secondary access to this area, whereas Linder just comes in and dead ends. So, they believe it would be of benefit and will alleviate some of the traffic issues. De Weerd: Becky, you need to wrap up. Meridian City Council May 6, 2014 Page 14 of 66 McKay: Does Council have any questions? De Weerd: Council, any questions at this point? Bird: I have none. De Weerd: Okay. Thank you. McKay: Thank you. De Weerd: Okay. I do have a list and when I call your name I will indicate what you signed up, in favor or against, and if you would like to provide testimony at that time I would invite you forward. Jeanette Ockerman signed up against. Good evening. If you will, please, state your name and address for the record. Ockerman: I'm Jeanette Ockerman. 2070 West Waltman, Meridian, Idaho. De Weerd: Thank you. Ockerman: I have a presentation from myself and my neighbors and I would respectfully ask for the ten minutes given to the applicant and the ten minutes we had at the zoning meeting, so that I can give you the presentation. De Weerd: Can I ask who are you speaking on behalf of so the -- and if they defer their time to you. Okay. Ockerman: Okay. So, we are here to speak in opposition to the current zoning and these are our reasons why. We feel that the TN -C and TN -R zones have been moved from the land designated for their use on the future land use map to a medium density residential area, causing the loss of 17.2 acres of medium density residential to the TN -R and TN -C zones, which will negatively impact our existing neighborhoods, roads and schools due to the loss of that medium density area. We are also concerned about the lack of a conceptual plan, insufficient transitional zoning details to the adjacent neighborhood and the lack of specific locations for those 300 residential units in the TN -C and C -G areas. This is your Ten Mile interchange map. On that original plan there was almost equal distribution between the commercial and residential areas, 63.3 acres were commercial and 55.8 were residential. Twenty-five percent of the area was stable medium density neighborhood anchoring that east side adjacent to the existing neighborhoods. So, all of that area in yellow is medium density east of that second collector road. The proposed zoning asks for 95.69 acres or almost 80 percent of the land go to a commercial use with this C -G and the TN -C zones, with a small 13.23 acres of medium density residential or only ten percent of the area. In your proposed -- in your future land use map the TN -C definition is the same as a lifestyle center and we feel it belongs out where the lifestyle area was. The TN -R is more compatible with the high density and medium high density areas. Putting the TN -C and TN -R zones where Meridian City Council May 6, 2014 Page 15 of 66 they belong on the map would allow the medium density to stay at 30.4 acres and retain compatibility and reduce the impact on our adjacent neighborhoods and roads. So, if you will just look briefly at the map, the yellow is the medium density in the Ten Mile interchange map and, then, when you look at the applicant's map everything to the right of that second new road is TN -C, TN -R and R-8. You can see the difference from a medium density to those three other zones and that's concerning to us. A traditional neighborhood center is to serve the focal point of a neighborhood, so why is this TN -C being put back in a residential area when there was over 60 acres of land for that purpose on your Ten Mile interchange map? Single family homes are not permitted in a TN -C, but they are going to be next -- the TN -C is going to be next to an R-1. So, how is that zoning going to transition? And this is a picture of a TN -C from your website. That's concerning to us that that's going to be next to our rural neighborhood. Then there is the 300 residential units that are being spread across the TN -C and C -G zone. They don't have a definitive location or a conceptual plan so that we can see that the majority don't end up in a TN -C right next to us. Residential is not a permitted use in the C -G zone. Those 300 residential units would be the equivalent of 15 acres of high density residential at 20 units per acre. Again, this picture is a TN -C off your website. This is not what we want next to our properties. We feel that this is more appropriate closer to Ten Mile. Then there is the TN -R, which averages 12 units per acre, with a maximum of 15. A TN -R is twice the density of an R-8 or medium density residential. We feel like it's not compatible next to an R-1 neighborhood and, again, that those transitions have not been addressed. You see the TN -R off your website again, compared to our neighborhood at the bottom. In your Ten Mile specific area plan -- and I quote from page 3.4: The land use framework promotes more intense use around major corridors and transit and lower density development closer to existing neighborhoods. Citywide objectives are to concentrate the commercial and higher density residential developments in areas with the highest transit -- highest transit capacity and conserve the scale and character of existing single family neighborhoods. That's what we are asking you to do. On your plan it says medium density residential areas are characterized by relatively low densities and a predominance of single family homes. Large apartment buildings and apartment complexes are not compatible. These areas should be protected from encroachments of higher density and higher intensity uses. The TN -R and TN -C zones are encroaching on that 30.4 acres of medium density residential on your map. If you look at the zoning all around that school, all that area in yellow is an R-4. Keeping that 30.4 acres of medium density just west of the school would maintain the integrity of those R-4 and R-1 neighborhoods. It would create another stable and secure neighborhood next to our school. It would help create that sense of community that Meridian wants. It would provide a transition to adjacent Primrose Subdivision and reduce the traffic on Waltman and Lilac roads and it would be consistent with your plan. The road dividing the TN -R and the TN -C flows directly into Waltman and Lilac lanes. The commercial and higher density residential will directly access our subdivision. It has the potential for two to three times the level of road usage due to the change from 30 acres of medium density to that higher density TN -C and TN -R. That's a concern. The TN -C and TN -R zones were intended to be in other areas of your map. The traffic created by their use would, then, be handled by the main roads. There is a high density residential and commercial area just west of that Meridian City Council May 6, 2014 Page 16 of 66 second main arterial road and that would encourage the traffic to flow north and west and away from our area instead of into it. Right now 1,089 is the average daily traffic on Waltman Road -- actually, that was in 2011, three years ago. They say capacity is 2,000 cars per day. Peregrine Elementary does create traffic problems before and after school and we believe that will be worse if you add those higher densities at the end of the road. Current enrollment at the school is 600. Capacity is 700. Half of the students are in the walking zone. Of the 300 students who could walk most are driven by their parents, according to the principal. Two hundred students could be added to the school due to the zoning and the increase -- increasing our traffic problems. For whatever reason the kids who walk are driven to school and we believe that will continue and it's going to only get exacerbated. Putting the TN -C and TN -R at the end of Waltman will increase our traffic. Not only from the new development and the zoning, but the existing neighborhood on the east. That TN -C zone is going to attract those neighborhoods east of Linder to use Waltman as an access road to that commercial district with the restaurants, the retail, and the entertainment they are going to want to cut through our neighborhood to get to that, as well as to get to the interchange. So, our critical issues, to repeat, that the medium density was reduced from 30.4 acres to 13. A loss of 17. It went from 25 percent of the land to just over ten. The lifestyle and commercial areas now account for 95.69 acres or almost 80 percent of the land, where before they were just over half. The loss of that stable neighborhood, 30.4 acres were single family homes that promote home ownership. The lack of compatibility with the existing neighborhoods and the inconsistency with your land use map in relation to the TN -C and TN -R, their zones and their location and the excessive traffic on Waltman and Lilac causing a negative impact on the Primrose Subdivision and increasing safety concerns due to those zones. The insufficient transitional zoning details, especially in regard to those 300 units and the fact that there is no conceptual site plan to let us know what they are going to do or how things will transition. So, we are recommending three things before you approve this plan. First, you require those 30 acres be designated medium density, to maintain that land use on your plan, to maintain consistency with the neighborhoods, protect against encroachment and reduce traffic and safety problems due to road access. Second, there will be more specifics in transitional zoning with the R-8 and R-4 bordering our land, limited to single family homes and requiring a privacy buffer between the existing homes and the new development, including fencing and green space. And, finally, address access to Waltman and Lilac by moving the TN -C and TN -R zone to their designated areas on your future land use map due to the average effect that traffic will have on the zones in our rural neighborhood and for safety reasons, including student safety. And I just want to point out that Brighton on the north is 45 acres, they were able to get commercial, TN -C and a high density residential. So, why can this applicant not have a better transition before they hit at 30 acres of medium density? We believe it can be done. So, in conclusion we as residents are not opposed to development and growth in the Ten Mile area. We are opposed to the current level of zoning adjacent to our neighborhood. We feel there is room to compromise to meet the needs of the neighbors and the developers alike and we are asking you to, please, reject the current zoning application in favor of a plan that more closely aligns with the location of the land designations on your future land use map. And that's all I have. Are there any questions? Meridian City Council May 6, 2014 Page 17 of 66 De Weerd: Thank you. Council, any questions? Rountree: No. I have none. Ockerman: Thank you. De Weerd: Thank you. Dennis Ockerman signed up against. I figured you probably did. It was an assumption. Olin Anderson signed up against. Thank you. Carol Anderson signed up against. Darlene Vineyard signed up against. Okay. Thank you. Tonya -- thank you. Thank you. She also signed up against. Sharon and Gary Osborn. Okay. Good evening. If you will, please, state your name and address for the record. Osborn: Sharon Osborn. 2030 West Waltman, Meridian, Idaho. De Weerd: Thank you. Osborn: My husband and I feel that a more appropriate transition between the now existing Whitestone and the more rural Primrose Subdivision should be made in connecting this new neighborhood to the existing neighborhoods as outlined on the city's Comprehensive Plan from 2007. That plan seems to be much more appropriate for our neighborhood and an appropriate transition. A TN -C and TN -R zoning, which are for commercial and medium high density residential, at the end of Lilac and Waltman Street are totally incompatible for our now rural neighborhood. We aren't opposed to the development of the Ten Mile area, but we don't want to be impacted by high density residential. We would like to see single family homes in that area. Thank you. De Weerd: Thank you. Rountree: Madam Mayor, I have a question. De Weerd: Sharon. Osborn: Yes. De Weerd: We have a question. Mr. Rountree. Rountree: Could you point out -- and maybe you can help -- the two subdivisions you mentioned on -- in this map that's showing -- Osborn: Well, let's see. That's -- that is the Primrose and Whitestone is off from Linder. Rountree: Okay. All right. Thank you. Osborn: Okay. Meridian City Council May 6, 2014 Page 18 of 66 De Weerd: Doug Thompson signed up against. Okay. If you will, please, state your name and address for the record. Thompson: Doug Thompson. 1846 West Greenhead. De Weerd: Thank you. Thompson: Madam Mayor, Members of the Council, I want to say, first of all, I appreciate all the work that everybody has done on this. This is -- I came over yesterday and talked to some folks in the planning department and was given their brochure. I don't know what else to call it. A stack of papers it was -- I appreciate all the effort that's gone into this. I was involved to some degree on the initial planning for this years ago when months and months and months and months went into making this master plan and I would ask the Council to consider this change as a violation of the integrity that the people of Meridian placed in you people when we approved that original plan the way it was laid out as was drawn up by the gal who spoke here a few minutes ago. I think that it's important in this master plan that we stick to it. It laid out a plan that the people of Meridian liked. There was a lot of work went into that and I don't really feel that there is any need to change that and deviate from that master plan and I'm not involved in community politics, so you will have to forgive me. I hope whoever represents this area really takes a hard look at this, because it's important that we -- that we stick to the original plan. It was approved and everybody felt good about it. That's all I have got. De Weerd: Thank you. Thompson: Thanks. De Weerd: Joel -- I can't read your printing, but I know it's Joel. Signed up against. Thank you. Michael Anderson signed up against. Thank you. Yvette Anderson also signed up against. Dawn Downum signed up against. Craig Downum signed up against. Okay. Good evening. If you will, please, state your name and address for the record. Downum: My name is Craig Downum. 1715 Waltman. De Weerd: Thank you. Downum: I agree with everything that Jeanette said. The density is -- it's obvious on the map. It puts the density way down towards the end, which is going to affect Waltman regardless of what ACHD or anybody -- no one knows how much it's going to affect Waltman. I just feel that -- we had an incident with a fire truck trying to get to the school recently. It was a false alarm, but they couldn't get down the street. There were too many cars. Cars couldn't get out of the way to allow that to happen. So, that's a Meridian City Council May 6, 2014 Page 19 of 66 concern, a legitimate concern. So, I just think it needs to follow the original master plan and spread a little more than it is. That's all I have. De Weerd: Thank you, Craig. Jennifer Johnson signed up against. Hi. If you will, please, state your name and address for the record. Johnson: Jennifer Johnson. 2035 Waltman Street. De Weerd: Thank you. Johnson: Good evening, Madam Mayor and Council. I'm opposed to the applicant's current plan for development, as it does not -- it gives exposure to the residents of Primrose Subdivision in terms of impact. We have simply no idea how these changes will -- will -- if approved will affect us. We don't know what traffic patterns will do to the future of our properties. We have been told that a few things will be evaluated after development is done, at which time they may or may not have to -- have to widen the road. They may or may not have to move wells if they are too close to where the road needs to change. We don't know how increased traffic, pedestrian and vehicle, will affect the safety of our children and our livestock. In the interest of fairness and compromise I don't think homeowners in the Primrose Subdivision should have to prepare for a potential like this. If proposed the developer will have to pay impact fees to be used for future changes to this subdivision, especially if the current plan is not changed to compliment our subdivision. I have a general idea of what the potential impacts of cost per resident. If the road has to be widened we will lose enough feet of our easement to potentially have to move wells. This means fencing, irrigation ditches, and landscaping as well. Most homes are affected are front facing properties with the well in the front. There are six corner houses with more exposure than the rest. The six homes would have a higher impact of changes and based on the current prices a cost impact would approximately be 35,000 dollars per home. The other homes would be approximately 25,000 dollars per home, with a total of 54 homes in the immediate impact area would equal 1,410,000 dollars in fees for the developer. This information got from the impact fee programs on your website and I'd like to quote: The Idaho Code defines an impact fee as a payment of money imposed as a condition of development approval to pay for proportionate share of the cost of the system improvements used to serve the development. The impact fee repeats the legislature -- excuse me -- legislative findings and an equitable program for planning is financing public facilities that serves new growth and development as necessary in order to promote and accommodate orderly growth and development to protect the public health, safety and general welfare of citizens of the state of Idaho. Are there any questions? De Weerd: Council, any questions? Rountree: No questions. De Weerd: Okay. Thank you. Richard Telliho. Okay. Signed up against. Good evening. If you will, please, state your name and address for the record. Meridian City Council May 6, 2014 Page 20 of 66 Telliho: Richard Telliho. 1885 Waltman Street. De Weerd: Thank you. Telliho: Madam Mayor, Council Members, first of all, I think it's going to be kind of a hard act to follow with Jeanette. She kind of covers everything. De Weerd: I would assume that's why everyone decided she was an appropriate spokes person. Telliho: She is good. Secondly, I would kind of like to just rebut a little bit about what the young lady said about the traffic at the school. I live directly across the street from that school and, yeah, it's almost impossible to get out of your yard or your driveway when school is coming in or letting out, but there is traffic in and out of that school all day long and in the evening those parking lots fill up again with soccer practice and little league practice or, you know, pee wee baseball and football and stuff like that. So, it's -- it's not just during the day, it's all day. So, with that I would like to read this and, then, submit it if I may. De Weerd: Thank you Telliho: First and foremost I want to express my opposition to this project. I object to both the zoning that is being planned and the connections to the project through the Primrose Subdivision. It almost appears that the City of Meridian is in competition with Boise. Boise was the main hub in the Treasure Valley. It has a large downtown metro area. Meridian has a smaller downtown, but is growing through urban sprawl. Most people that live in Meridian did so because it was less urban and had a sense of community. When I moved here 18 years ago it also had a better education system than Boise. The residents that live in the Primrose Subdivision moved there for the rural lifestyle. This plan will completely alter the lifestyle of the Primrose Subdivision. We will have a monstrous commercial and urban area right at our doorsteps. I have found over the years that these different plans for growth seem to foster a lack of critical thinking about the consequences and the impact it will have on the community. The planning also does not seem to hear or accept inputs from the people of the community. The applicant Treasure Valley Investments, LLC, stated at the P&Z meeting on March 20th that this project has the potential of being the largest commercial hub between Salt Lake City, Utah, and Portland, Oregon. I don't know if that was supposed to be a selling point, but it sure didn't make any pluses for me. That's the last thing we want in our backyards, especially being that we are a rural community. Here are a couple of examples of where I thought there was some lack in planning. We have got the Eagle and Fairview Avenue that's statistically been considered the most dangerous intersection in the valley. The traffic congestion was terrible along the whole corridor. The new plan to fix that was to build the Village at that intersection and create more traffic. With poorly timed traffic signals the congestion is worse. Closer to home was Meridian City Council May 6, 2014 Page 21 of 66 the building of the Peregrine Elementary School. The traffic impact was totally miscalculated. De Weerd: Sir, your time is up. If you could, if you can give that to Madam Clerk and she will make copies for Council. Unless Sharon would like to read the rest of it. Sharon also signed up against. Shandra -- I'm sorry. I think both of you raised your hand when you deferred to Jeannette, but we will make sure -- pardon? Okay. I'm sorry, we can't have a conversation, but we will read it, so -- Steven Devenport signed up against. Good evening. If you will, please, state your name and address for the record. Davenport: Good evening, City Council Members. My name is Steven Davenport. want to thank you for this opportunity. I have lived at 915 Lilac Street for 36 years. A lot of them most -- currently living in the Primrose Subdivision and on Lilac Street. Lilac Street runs north and south and presently is under consideration as an access route to the Ten Mile interchange. I have witnessed much development and/or changes over the years. I remember when most of the land around the Primrose Subdivision was farmland and is now slowly being redeveloped. Land east of Linder Road was the first to be developed. Residents in a new area wanted to go open upper Waltman Road, so they could access Meridian Road and the freeway. Residents living in upper Waltman objected to the plan, fearing excessive traffic would impact them negatively and border on encroachment. They petitioned the city not to honor this request. The city responded in a positive fashion and upper Waltman remains a dead end and closed to the East Linder residents. Needless to say, those residents on upper Waltman were pleased with the city's decision, one of whom is a close friend of mine. Now it's my understanding a similar situation is occurring with the development of the Ten Mile Center. If the plan goes through it will allow residents of -- east of Linder access to the Primrose Subdivision to reach the Ten Mile interchange. In my opinion redirecting traffic through lower Waltman, Verbena and Lilac will create an excess. This is an encroachment and impacts negatively. Are the 60 plus residents of the Primrose Subdivision any less deserving than the ten residents in upper Waltman. Redirecting traffic to Verbena and through Lilac will naturally create excessive traffic and in my opinion pose a problem for bicyclists, as well as neighbors who enjoy taking long walks through these -- these streets. Except for Peregrine Elementary there are no sidewalks. I am not opposed those development, but I am opposed to the zoning changes, namely, TN -C and TN -R. It makes more sense not to redirect traffic to the subdivision, but to continue utilizing Linder and Franklin Roads as an access to the interchange. Linder and Franklin Roads are not impacted negatively and I would encourage the Council to follow the city's future land use plan and keep the 30.4 acres on medium densities a residential area to reduce traffic. In conclusion I hope the City Council Members will listen carefully to those who are presenting this evening. Please don't let this meeting become an exercise in futility. Thank you. De Weerd: And, I'm sorry, I can't read the first name for Mrs. Davenport, but also against. Thank you. Cindy Atwood. Good evening. Meridian City Council May 6, 2014 Page 22 of 66 Atwood: Good evening. I'm Cindy Atwood. I live at 2290 Verbena Drive and I, too, would like to thank everybody for all their work and effort. I just -- I pretty much want to reiterate -- as they said, Jeanette pretty much covered it. I just would like to reiterate that the traffic on Waltman is extreme and -- and our -- I just hope that you will really listen to this and at least take some time -- the fact that Peregrine was put on this street -- and I'm sure you all know that -- rather than -- you know, the city did some bartering and et cetera to put it there, instead of on the main street, for the safety of the children. I think that's huge and I think that's something that really should be looked at. And thank you for your time. De Weerd: Thank you. Dennis and Yolanda -- and I can't read the last name. Garrison. Signed up against. Maggie Weekes signed up against. Thank you. Steve Weekes. Good evening. Weekes: Mayor and Councilmen. Thank you guys so much for taking the opportunity to listen to us. We are here for -- De Weerd: Can you, please, first state your name and address. Weekes: Oh. Sorry. De Weerd: That's fine. Weekes: Which one works best? Dave Weekes. 1010 Lilac Street. De Weerd: Thank you. Weekes: Appreciate all the work that you guys do for us, even though a lot of us aren't in your area and stuff, the impact area that we are in, we do live here, we do love Meridian for a reason. All I'm here tonight to do is thank you guys and, please, take a minute and look at the situation that we have. The mapping that so much money and time went into to begin with to try to get that whole area into the Meridian concept, we are happy with that. We are not against the development and stuff. What we are against is how we are changing horses in the middle of the stream for a special interest group that wants to do something a little bit different out of the ordinary. I'm not saying that sometimes that isn't good. Sometimes it needs to be looked at. But we have the Whitestone area, we have the Primrose area that are single family homes and we would really like to have the opportunity to have that transition like as on the map to begin with considered very very seriously. And, again, thank you guys so much for what you do for us, even though I'm not even in the city, but you guys are doing a fabulous job, but, please, take a minute and look at it very seriously and have a compromise for us, you know. We are happy to have the development. We are happy to have the people come in and help us out. But we want you to take a look at the consequences of the schools, roads, over and over and over again. That's what you have heard all night long. I want you to take a look at it -- what we can do as a compromise to make it workout for everybody. And thank you so much for your time tonight. Meridian City Council May 6, 2014 Page 23 of 66 De Weerd: Thank you. 011ie Land signed up against. Okay. Peggy Moser signed up three times against. Moser: Hello, everybody. De Weerd: Hello. If you will, please, state -- Moser: My name is Margaret Moser and I have lived at 875 Lilac Street in the Primrose Subdivision 30 plus years and I like it there on my little acre. I know there will always be growth around us here and that I -- and that I can live with. However, there are a few things that could happen that will make things change a bit for the worse around here. These are the things I hope to address in my letter. I read this letter to the zoning, so now you get to hear it. Waltman is an almost half acre long road. And I use road, because if you have been on it you would call it that also. And Lilac is a short little street and these two roads are approximately 24 feet wide. I measured them. Part of Waltman has a sidewalk on the north side of it, but only by the school. We all in this subdivision have used it to since the subdivision was built in the early'70s. The addition of the grade school on Waltman has increased the vehicle traffic considerably to the point that in the morning and afternoons when the children start and finish a school day, the parents who come to pick their children up cause a bit of traffic congestion. But, unfortunately, that only lasts about a half hour. I didn't know that it went on into evening, because I don't live right across from the school. That one person that said that has a point there. Anyway, what I am somewhat protesting is extending Lilac Street north into the new development with the building of even more homes on the north side of Waltman I am sure there will be even more increased vehicle traffic when the parents deliver and pick up their children. Traffic from that area would have no reason to enter our subdivision, but, rather, go down Linder Street and Waltman Road up to the school as they do now to pick up their children. If a pedestrian walk channel were to be built from the new residential area directly into the school yard on the west side, the children in that area would be phase one, two and from school and would not even have to walk on Waltman at all. Also, the parents could drop them off in the subdivision, instead of our subdivision. Also on the east end of these new subdivision areas the traffic would not be compounded with more vehicle traffic through, the subdivisions on the east side of Linder headed to Ten Mile and Franklin Road. If you do consider my suggestions in this letter, perhaps a good solid privacy wall between the new construction and Waltman would be not only a good sound barrier, but also allow those of us in the Primrose Subdivision to maintain some of our 40 plus years of privacy. Thank you for listening to me. I have a question to ask you. How many of you have been down Waltman and Lilac? Would you raise your hands? And how many of you have been there at 8:15 in the morning and 2:30 in the afternoon? De Weerd: I have walked during that time for national Walk to School Day. Bird: Yeah. Meridian City Council May 6, 2014 Page 24 of 66 Moser: You know how horrible it can get and the traffic is a mess there. Thank you for listening to me. De Weerd: Cindy Downum signed up against. Kaye Fors signed up against. Thank you. Gary Fors signed up against. Okay. Edmond Kennis signed up against. Thank you. Sylvia signed up against as well. Christine Lambing signed up against. Thank you. Lambing: My name is Christine Lambing. I live at 860 Lilac Street. De Weerd: Thank you. Lambing: Madam Chairman -- or Madam Mayor. De Weerd: That's all right. Lambing: Council Members. Again, I live at 860 Lilac Street in the Primrose Subdivision on the corner of Waltman and Lilac, exactly on that corner where they plan on putting a thoroughfare through to go north into the proposed subdivision. This neighborhood is comprised of acre lots with single family dwellings, outbuildings, livestock, horses, farm animals, and irrigation. Room for children and grandchildren to safely play. We have wells that provide outstanding water. An acre of land -- oh. We bought this property because of the rural aspects and qualities, as did our neighbors. An acre of land with a home is not cheap and for us a lifetime investment. This brings me -- brings me to the point I wish to address. Not everyone wants all of the Meridian area to grow at the rate it is and has been of late. We are a rural area in Ada County that is being encroached upon by the city. We all know that growth is inevitable and it has been made very clear to us that this development is going to happen regardless. We are, however, vehemently opposed to the way this is happening and to the multitude of serious negative impacts that is going to have on our way of life, including, but by no means limited to, the loss of well water, an increase of crime, which we clearly have very little of. Traffic and road issues. Overcrowding of Peregrine Elementary School and the loss of some of our property so someone else can make money. I am also concerned by the complete lack of regard as to the -- the neighborhood -- complete lack of regard we as a neighborhood have been shown to date. So, going through the motions, if you will. The proposed zoning adjacent to the some -- excuse me -- Primrose Subdivision is, in our opinion, unacceptable. You want to make a really -- a residency plan that is too high in density with our existing low density neighborhood. We have yet to be presented with a clear intent as to the actual number of dwellings proposed, but have been given ambiguous responses instead, all indicating an altogether too high density plan. We have heard the planning phased repeatedly, yet we fail to see correlation on the planning map. On your website I found the following. Compatibility. The appearance of different land uses, development context, or building types existing together in harmony without conflict with respect to site architecture and landscape design. My response: There is no harmony in proposed TN -R and TN -C adjacent to the Primrose Subdivision. This is from your little brochure that you have for Meridian City Council May 6, 2014 Page 25 of 66 people that want to apply. Getting what you want from a handout. Number two. Please keep in mind that you may not be able to do exactly what you have been -- exactly what you have intended. We know this can be frustrating, but we will get to as close to possible with -- working within city codes and policies. If you help us to understand your needs we can be pretty creative with brainstorming and workable solutions. Response. We feel there is no consideration being given to the residents of the Primrose Subdivision and our neighbors. The list goes on. The guidelines go on. But where is the compliance? We are requesting the property and the review for development adjacent to the Primrose Subdivision be designated R-1 to better keep in line with our long-standing and existing neighborhood. We are opposed to the current proposal of TN -C and TN -R for said property. Any questions? De Weerd: Thank you. Lambing: Thank you. De Weerd: Chris Lambing. Also signed up against. C.Lambing: I have a letter I would like to submit. De Weerd: Okay. If you would like to submit it to our city clerk. Those are the people that signed up. Is there anyone else who would like to provide testimony on this application? Okay. I will ask, then, the applicant to address the concerns that have been raised. McKay: Thank you, Madam Mayor, Members of the Council. Becky McKay. Engineering Solutions. Sonya, can you go back to the street -- there you go. Thank you. Anytime the city grows out toward these rural subdivisions that were created in Ada County with individual septics and wells on either R-1 or RUT lots, we always have issues with transition. Their definition of what is high density, the definition of the Council, the code, the development community of what constitutes high density are different. Now, in this particular project we understand that we have these estate residential lots and that -- that was taken into consideration. I do not believe that we were just going through the motions. I sent e-mails. I distributed information. I sent information to ACHD. I met Russ Johnson, their ditch guy, out at the site one afternoon, he wanted me to be out there when school was getting out, so I could see the traffic for myself and to talk about their drainage and irrigation issues. I also got the farmer that is farming this property for Mirazim to attend that meeting. So, we want to be good neighbors. We have no objections to the Council including in that development agreement transitional densities next to the existing estate residential. In talking with -- with Jeannette Ockerman on the phone, I -- I had passed on that ACHD is absolutely one hundred percent convinced that the traffic issues that exist in this area with the school on Waltman and with Linder Road being the sole access, will be alleviated when these collectors and these signals are built. There will be two collectors going north out to Franklin Road. One will come through Brighton and another one will come through the property to the north. Those will be signalized intersections. We are going to have Meridian City Council May 6, 2014 Page 26 of 66 a signalized intersection at Ten Mile Road. We will be building east -west commercial collectors. We have to transition. We are not asking for a change. We are not here before you asking for a land use map change. We are here asking for what is included in that Ten Mile specific area plan. When I look at the original map the Brighton property has three designations, high density employment, lifestyle center, and medium density residential -- or medium high density residential. Excuse me. This is what we have now. Brighton did not transition, they -- in fact, they include no residential in their 80 acre parcel. So, the staff looked at us to provide that residential and we did not object. We agreed. We will provide some residential. They said the Ten Mile specific area plan asks for diversity. It wants -- they want townhouses. They want single family dwellings. They want apartments. We are supposed to create housing that will benefit that Ten Mile area and provide for those future employees, if we happen to get a corporate campus, we have a retail center, we have restaurants, that there are multiple options for residential. R-1 is not one of them. The staff was pushing us to have R-15 and I said I don't think that's -- that's appropriate. I think R-8 would be a better fit and, then, we transition with TN -R, TN -C and, then, to the C -G. We are embracing transition. We are supportive of the Ten Mile plan. All we want to do is come in and get annexed, get this zoned, and get our roadways established and the roadways are compliant with the transportation plan of the Ten Mile specific area. Comments were made about -- comments were made about the lack of planning. The Ten Mile specific area, as you guys know, is the most planned area in the City of Meridian, because you guys looked at all of the issues. Transportation. Land use. Balancing act as far as access. Improving this area. This is the foundation of this plan and the sooner we get our street network established and interconnect with Brighton, the more likely that this development will take place. So, from a planning perspective I would put the open space that we need and will be required for the single family, the multi -family, down next to Waltman and Lilac and it provides a great place for either a neighborhood park or a private park. That's -- when we go into site design that is exactly what we are going to do, because we have got to come back and look at this Council and say, hey, we are transitioning, we have taken everything into consideration. This is a good plan and it fits perfectly. Do you have any questions? De Weerd: Council, do you have questions? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: Becky, you talked about transitioning and, obviously, that's one of the many issues that the folks have with this and just spoke to one approach with open space. don't -- I don't know that without that being in a development agreement that that's something we can just take for granted. We don't know who ultimately is going to end up developing this property, but some way or another that needs to be enforced if that's, in fact, what we want to do. So, from my perspective I would need some kind of a concept of what that is and something that we can refer to in a development agreement to fix that. Meridian City Council May 6, 2014 Page 27 of 66 McKay: Councilman -- Rountree: And any other things that you suggest that might be ways that you have addressed some of these issues that are not necessarily evidence on paper that we have at this point in time. Because in my mind any of those items need to be in the development agreement if we move forward with this at all, because, like I said, we don't know who ultimately is going to develop this property. So, is that something that you or your client can agree to? McKay: Councilman Rountree, Madam Mayor, we have talked a lot about that and my clients have indicated that they are comfortable with some language in the development agreement that says, you know, appropriate transitioning -- transitioning adjacent to the existing estate residential, whether it be open space, whether it be, you know, lots -- single family lots, that that be a part of the plan and I think that staff has always expressed their desire to focus our future design on that issue, that, you know, we are going to be looking for some type of transitioning. We are going to be looking at how you interconnect the street, making sure that cut -through traffic -- it isn't more convenient to go from Waltman to Linder than it is to go out to the single intersection at Ten Mile and go out to the interchange or out to Franklin. We are willing to agree to some type of language. We are comfortable with that, sir. Rountree: Thank you. Madam Mayor. This is a far reaching question, but I'm asking you to reach into your crystal ball and give me some kind of a point in the future when something might happen on this parcel, assuming it moves forward. McKay: I think that's probably a question for Eric Davis. Rountree: For Eric? Okay. McKay: Because he's got his thumb on the pulse of the market a lot better than I do -- Rountree: Okay. McKay: -- and he has been working on large developments for a long time. Davis: Eric Davis. 199 North Capital, Suite 300. 1 think at this point I don't think we will see anything built until 2017, just based on the way retail -- if it's retail it would take at least that long to figure out -- do the market studies. We were having, you know, side bar conversations just today on it with brokers. I think it will be at least that long. Rountree: Okay. Thank you. De Weerd: Mr. Zaremba. Meridian City Council May 6, 2014 Page 28 of 66 Zaremba: Madam Mayor. If I may, a question for staff. A couple of questions have been raised and the point was made about all the effort that went into the Ten Mile area plan and I know it was a lot of effort and we had a lot of participation from people. I was involved in that as well and appreciate everybody's participation, but the plan does identify I will say that eastern area of the project that we are looking for as medium density residential and if you would -- we have two different overlapping definitions here, but what I'm asking the staff is if you would describe the relationship between medium density residential and the actual zoning of R-4 or TN -R and what are the relationships and compare the densities that those different terms mean if you would, please. Watters: Yes, Councilman Zaremba, Councilmen. Council Woman. The medium density residential land use designation is three to eight dwelling units per acre. That can be an R-4 or up to an R-8 zoning district. The TN -R district that's requested by the applicant is a minimum of eight and a maximum of 15 dwelling units per acre. There is a mix of land uses, as you can see varying residential densities designated on the eastern half of this property. The applicant is asking for TN -C, TN -R and R-8 districts that all allow residential uses and a mix of residential uses. There is a development agreement provision that staff is recommending that the property be developed in a manner that provides a transition in uses to adjacent residential properties. We will be looking at that when a preliminary plat comes in in the future to make sure that there is a transition in uses. There is also a development agreement provision number 4.1.6 that requires only residential uses to be developed in an R-8 district and a minimum of 95 residential units to be developed within the TN -R zone and a minimum of 300 residential units to be developed within the C -G and/or TN -C zones combined. So, although it doesn't have a straight out residential zoning district that the applicant is requesting, through the development agreement that staff and the Commission have recommended that, you know, guarantee for a certain amount of residential units. Hopefully that helps, Councilman Zaremba. Zaremba: I think so. Thank you. De Weerd: Any other -- Zaremba: Well, I would add a comment certainly we have some more discussion to have here, but I agree with Councilman Rountree that it -- if in some fashion this does move forward, the wording that would be in the development agreement I think needs to be a little bit more specific. The -- just mentioning that there will be transition that could end up being satisfied by a 15 foot landscape buffer, I believe, according to our rules. So, I would like to see at least the suggestion that the wording be added that -- that that transition will include open space or single family dwellings along these borders if, in fact, we do move forward. I'm just -- the issue, I'm sure as everybody knows, we -- we hear from developers that we know and they often describe wonderful projects that we are all thrilled with and, then, somehow before it happens they sell the property to somebody else who did not make those promises and if we don't have it in writing and very specific things get lost, so -- and this is no reflection on present company, but think we need to make sure that we are well covered in case this gets sold to somebody Meridian City Council May 6, 2014 Page 29 of 66 else and particularly those transitions are -- are iron glad, let me put it that way, and not just vague. And I will add there was a time when we wouldn't accept an annexation without having a plat and I realize we have kind of gotten away from that, but sometimes I think that's a little scary, too, not to have more definition before we approve things. De Weerd: Councilman Zaremba, that was my point that I was going to bring up. This -- this is indicative of an annexation request without a preliminary plat, which brings a lot of things into question, as well as the opportunity to capture much of that in the development agreement that is really applicable to annexation and it is where we get -- not the stick, maybe it's the carrot, but it is the assurance that certain things are going to be adhered to and it does give us that regulatory and the mechanism to make sure that those things do happen. I think the preliminary plat actually does give residents that will be living with whatever impact certain assurances as well and so this is -- this is the conundrum I think that Council is finding itself in, in particular with the lack of detail in what is being proposed. Any further questions from Council? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: Question for Becky. Becky, the question was -- or the idea was brought forth of providing access to the school from -- from the development -- from the residential portion of the development. I don't know if that's been explored, if that's something that -- obviously that's a detail you may not have gotten down to, but is that something that the school would be open to? McKay: As far as -- Rountree: The eastern boundary. McKay: Oh, on the eastern boundary. I did walk back there. Their playground. I think they have a portable back there. I -- I don't -- we'd have to really look at it and see from a -- from their internal vehicular circulation if that would be possible to create -- you mean like a back way out to this neighborhood? We would have to, obviously, work with the school district to see if that's a viable option, but I know I saw a portable back there. They had like a fire gate. Rountree: Could be at least the minimum of a pedestrian -- McKay: It could be -- oh, it definitely pedestrian. Absolutely. Bird: Yeah. That's what they were talking about. McKay: Pedestrian at a minimum. Yes, sir. But, you know, the school likes to control how vehicles come into their site and how pedestrian interconnections are made. We Meridian City Council May 6, 2014 Page 30 of 66 would, obviously, have to get approval from Meridian School District and -- but I have -- we would have no objection of, you know, obviously, pursuing that. De Weerd: There is no vehicle access -- De Weerd: -- I believe in the area. We did a walk against drugs and we went out that direction. All of it is the activities in the front of the school. Rountree: Question about the existing surface transportation. Is that critical to this development or is that just to be directed by ACHD that the interconnectivity is required? McKay: Madam Mayor, Councilman Rountree, that -- that was dictated by your own plan, your staff, and Ada County Highway District. As far as the transportation, the primary roadways that we show, those match your transportation plan in that Ten Mile specific area plan. My recommendation would be that -- De Weerd: We can't hear you for some reason. McKay: I think it quit. Sorry. De Weerd: It timed out. Rountree: You broke it. McKay: Oh -oh. Send me a bill. How we make that connection would be, obviously, determined -- we would work with our traffic engineer, the architect and ACHD. I mean, you know, there are different ways to have vehicular interconnectivity. Some are beneficial and some may create issues. So, we would have to -- obviously, what I told the neighbors, you know, we would have to look at how that connection is made and guess at this time it would be premature, but ACHD I asked point blank what is the chance of the district having us isolate ourselves from that existing estate residential neighborhood. They said zero. We will require interconnectivity. We will demand it. But how it's done is to be determined. Rountree: Madam Mayor. Ryan is sitting over there looking like he's going to get away with something, so I have got a question for him. De Weerd: I'm sure he was hoping we didn't have questions. Ryan, is this something that the commission listened to? Head: Not at this point. De Weerd: Okay. If you will state your name for the record. Meridian City Council May 6, 2014 Page 31 of 66 Head: Ryan Head. Ada County Highway District. 3775 Adams Street, Garden City, Idaho. De Weerd: Thank you. Mr. Rountree. Rountree: A question on Waltman. It troubles me. I have a school situation similar to this in my neighborhood and I purposely do not get on the road between 8:30 and 9:30 but -- and I understand the situation. I'm concerned with Waltman particularly, because it is a -- substandard is not the correct word, it's the standard road for -- for this kind of development, but we are seeing this and have seen it recently with another development that was a rural county development that now has subdivisions connecting through it and the road doesn't have accommodations for pedestrians or bicyclists, it doesn't have accommodations particularly for pedestrians to school through its length. We all need to keep in mind that Linder is the only way in and out of this area right now and any other route that is opened up until we can get something going on the 5th Street -- it's going to be a busy road. People are going to use it. I don't know what the capacity is. I don't know what your rule of thumb for capacity is, but if the volumes out there are 3,000 vehicles a day it's probably getting pretty close to capacity for a rural, two lane road. So, I have an issue with what I would anticipate a fair amount of traffic utilizing that for community purposes, not necessarily for going to the commercial, but for getting access to Ten Mile and getting on the interstate to get out of that -- that section of land to the -- to the east of Linder as well. It probably would be very convenient to go through this area, as opposed to trying to get on Linder and out. Or if there is an accident on Linder it's the only way out, so I -- is there any -- well, will the commission have any thought with respect to improvements that might be needed on Waltman if this were to happen, I guess that's my question. De Weerd: And that was for your crystal ball. Rountree: Based on your experience with them. Head: To clarify, at this point Waltman has about 1,000 vehicles -- Rountree: A thousand per day. Okay. Head: So, you're talking 2,000, so -- at which we generally look at the peak hour, which is like 20 to 30 vehicles, but it usually happens off peak, so that is a bit of a challenge. And, really, this is not a unique challenge. It's indicative of placement of schools out on the fringes where it's very difficult for children to walk to and the result is that you end up with a lot of vehicles coming and going during -- during those hours. Even -- and realize that's not the only case there, because I live in the neighborhood with my kids' school and there is still plenty of people who drive their kids, unfortunately, to their school. Just the society in which we live. There are specific limitations to what we can require off site of the developer and that will be taken into consideration in what we can -- what the actual nexus to the development is and what that impact would be on that Meridian City Council May 6, 2014 Page 32 of 66 roadway. So, those are things -- our commission does take those into consideration, but there are specific limits that they have legally to what they can require on improving Waltman. Rountree: Thank you. De Weerd: Would not always drive their kids to school if they had safe routes to school, like off-road pathways and not -- and sidewalks. So, I guess just to also reiterate what Councilman Rountree has said, if ACHD is looking at connecting any development to the west of this existing area, that road has to be brought up to a standard that is safe and, you know, whether it's working with the developers in -- that is to the west and giving them impact fee payback if they were to do off-site improvements, but if you're going to connect a dense area to the west, that has to be brought up to a standard that is acceptable and I didn't really see that in your report. Head: Yeah. Madam Mayor, it is an interesting situation, because our -- you know, the city's -- the efforts we have gone to with the city in identifying the future of these roadways, the typologies or the function of the roadways does not identify as a collector roadway. However, in partnering with the city we have sought to create connectivity and it's been a desire in your comprehensive plan, it's something that -- and in partnering with you we tried to create. It alleviates some of the -- the greater impact and -- that tend to be at times less desirable when you get into the arterial roadways that they become overcrowded and that people will start to wonder why aren't we doing anything more and, then, you have a street like Fairview and streets that are far worse when you don't have alternatives. But those are the things that we will be looking at. It's a little bit hard, as you mentioned a few times, to talk into a crystal -- and look into a crystal ball here. We don't know what the development will look like. We will have a general idea based on zoning, but we won't know exactly and that's why, you know, our -- our staff comments were primarily geared towards the proposed roadways within the development, but beyond that we have limited comments in what we can actually say to the developer. De Weerd: But I guess that's the point. That's the point that we kind of marry this land use plan with the transportation agencies is to avoid maybe lessons that we have learned in the past and to -- to show those connectivity -- those connection points and what those impacts are going to be to those existing roadways and how to bring those up to standards that would be acceptable to new levels of traffic and certainly safety in this particular case with having the school there -- there has to be a plan. Head: There is a plan and ultimately where we are at this point in time and in working -- have already been in communication with your staff and looking for additional proposals and updates to our -- what's called our master street map and if that's something of interest to the city, we work pretty closely with the city to -- to designate roadways. But ultimately if it's meeting the standards of a local roadway and that's what it serves that, and the desires that it not change that, it will be hard for our commission to require a developer to make modifications beyond that. But if it's the desire that it become a Meridian City Council May 6, 2014 Page 33 of 66 collector roadway and provide the access differently, then, those standards would -- it would be easier for our commission to make those requirements, that it be brought up to the standards of the collector roadway, which includes your -- your on -street bike facilities or -- De Weerd: Off. Off street. Head: Or off street. However you -- we can consider those as we go forward. De Weerd: Additional questions for Ryan at this point from Council? Rountree: No. De Weerd: No? Thank you, Ryan. We know we will never kill the messenger. We will just give you a hard time. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: Just a couple more comments and in musing a little bit about whether there should be a pedestrian connection on the east end into the school, the display that's up on the board right now, if I'm interpreting it correctly, the little street north of the school that says West Wingfell -- I'm sorry -- Pintail -- P -i -n -t -a -i -I. Pintail Drive. Just about where the cursor is it looks like there is a pedestrian connection from that street into the school area. De Weerd: I think it's a small drive, but it's -- it's not supposed to be there. Zaremba: I was going to say that clearly the school is in favor of having it -- De Weerd: A pathway. Zaremba: -- but I will add that -- that the school has accepted those kinds of things in other places and I think that's a good idea. The additional thought -- and, again, this same depiction that's in front of us -- I picture myself about 15 years ago. I sat in the audience like you people are in the old City Hall and was objecting to a proposed subdivision that had high density residential essentially in the middle of the square mile and my point at that time -- and I still believe is that the high density residential should be a little closer to the arterials and -- and the lower density in the middle. What we see in the upper here, which is the Ten Mile area plan depiction, is more like that. The high density residential is closer to Ten Mile than it is on the proposal that we see below that. I'm comfortable with the description of the R-8 and the TN -R and they do match what I was visualizing as medium density residential. The proposed TN -C to me is high density residential and if you compare these two, assuming they are to the same scale, the high density residential has crept to the east considerably and to me is getting Meridian City Council May 6, 2014 Page 34 of 66 farther and farther away from the arterial. So, I guess what I'm saying is I would -- don't have that much objection to the C -G that's being asked for or the TN -R or the T-8 -- or the R-8, but I'm struggling with the TN -C, which I -- I think should be move west if it's going to exist at all and that will alleviate some of the traffic problems. As for connectivity of the roads, there will be an issue of probably needing to upgrade Waltman. That may be true anyhow. The advantage of the connectivity is -- it kind of goes both ways. Yes, it brings more people through the neighborhood, but it also allows the existing people another way out and this area that has been an area that's been very uncomfortable for me for some time. We generally -- when you have only one way in and one way out, such as Linder at the moment, which doesn't connect over to the interstate, you -- the way in and out of this subdivision is only north on Linder. That's very similar -- it functions like a cul-de-sac and our rules are you can't have more than 50 dwellings on a cul-de-sac. We have not applied that to Linder, but the reason for that is public safety. Being able to get fire trucks and police in and out of there and I will have to say as far as transportation, I feel having the connectivity of the roadway to the west is a safety issue that does need to happen. The result of that is going to be that -- that something will need to happen on Waltman, but -- I guess what I'm looking for is to say there are elements of this proposal that I think match what we were originally -- what was worked through with the Ten Mile area plan. The roadway. R-8. The C -G works for me. The TN -R. I am struggling with the TN -C. I would rather see that move a little farther west and be replaced with either more TN -R or R-8. And, then, also agree with -- if we are going to do this that the development agreement should be more specific about what the transition is going to be between the new neighborhoods and the existing neighborhoods. De Weerd: Okay. Zaremba: One person's thought. De Weerd: Thank you. Any other questions from Council for the applicant? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: Becky? It was mentioned several times about a barrier or a fence or something around the development. I suspect there is something contemplated. Not asking you specifically, but will there be such a fence or potentially landscaping or whatever? McKay: Councilman Rountree, Madam Mayor, I don't think I had any development where we haven't had an exterior fence and what type of fence varies from project to project. Typically when we are adjoining estate residential they want a sight obscuring type fence. So, I think, you know, appropriate exterior fencing is reasonable and is standard in our industry. If -- if we had open space would you want us to fence it off, though? I mean -- you know, I'm not talking the 15 foot like Councilman indicated, but I Meridian City Council May 6, 2014 Page 35 of 66 mean usable -- if there were usable open space that adjoined it, I don't think you would want to fence it off from their neighborhood. I don't know. Rountree: No. De Weerd: I think that's a requirement that the subdivisions are fenced and in particular if there is livestock you're going to have to assure that it's a different kind of fencing. It can't be vinyl. It can't be wood. It has to be something that animals can't get through. McKay: Yes, Madam Mayor. If we do have adjoining pastures we do have to provide some type of fencing that can handle animals and, you're right, vinyl is not one of them. De Weerd: Because they like to chew. McKay: Yeah. So, we always coordinate with the adjoining neighbors on the fencing. Especially if there are existing pastures. Even if I have homes I will typically -- and we are going to replace fencing or add fencing where there has never been fencing. We ask them what would you like to see and we coordinate with them. Typically the developers go along with that recommendation. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: Again, this is a little difficult without really discussing a plat, but do you have a concept -- I'm looking specifically at the south end of the TN -R zone, which borders Waltman, and my question -- I'm thinking if I were designing it I probably would put houses there that access Waltman. So, that kind of negates putting a fence across that piece of your border anyhow. I mean do you have any -- I know you mentioned maybe it's open space. McKay: Madam Mayor, Councilman -- Zaremba: If there were either one of those you wouldn't want a fence there. McKay: Yes. We did that over on Jericho Street, because in that particular incident the estate residential lots said we don't want to be partitioned off from your neighborhood, but we want you to embrace our neighborhood. So, we did front larger lots along Jericho that were directly across from them and, then, we had our -- in our development transition to the higher density within that interior and that worked -- it has not been built, but it is going to be built this year and it worked well. It basically married two developments together. So, I mean nothing can be done on this particular piece of property until we bring forth a specific plan and a plat and all of these issues that have been brought up were obviously in the record and we have our development agreement, which I have faith in the Council and the staff that they are going to include provisions that protect the city and protect this neighborhood and all of these desires Meridian City Council May 6, 2014 Page 36 of 66 are going to have to be reflected in that plat and that plan and we have been working on different plans, it's just -- it takes a long time and, obviously, with these other projects moving forward some of these streets have to be dedicated, because the rotaries are shared between Brighton and this particular development. So, that has prompted this application at this time. Zaremba: So, on the other element -- and, again, I'm going by instinct, not necessarily -- I'm not an engineer. And I know you have put a lot of thought into this. But is there a -- is there any chance of moving the denser TN -C area more to the west and maybe expanding either the TN -R or the -- or the R-8 into that area? McKay: Councilman Zaremba, Madam Mayor, what -- what they were looking at the -- the type of development they had a target for a specific size and in working with Eric Davis, one of the things that we were balancing was the transportation network and how -- to make sure we complied with the Ten Mile transportation plan, but yet achieve the goal of a certain amount of C -G property to, obviously, attract the development that we want, the tenants that we want. You -- I mean it's obviously within the Council's purview. You could extend the -- the TN -R over, you know, and that's it. You could do something like that. You could -- I mean there -- there are multiple options that are available that could be done this evening to accommodate that, if you felt that, well, gee, we don't want to put that TN -C right against them. Let's have an L to that TN -R. Zaremba: That works for me. McKay: That's possibly doable. De Weerd: Mr. Bird. Zaremba: One man's opinion, but that would be more comfortable to me. De Weerd: Mr. Bird. Bird: Becky, I would agree with that. Is there any -- and I realize why you got TN -C in there, but there is any way we could replace that with TN -R -- have that whole area TN -R? McKay: You mean right there at the south end of -- Bird: Yeah. Get rid of the TN -C altogether. McKay: Just kind of segregate it? Bird: Yeah. Right there. McKay: I guess -- I guess that's a question for Eric. I, obviously, can't make that commitment. Meridian City Council May 6, 2014 Page 37 of 66 Bird: That's just a question just of that area. De Weerd: Council, I don't know, do we want to sit up here and design a development or -- Bird: I don't want to design it. I don't want to design it, I just want a question answered. Davis: This -- Eric Davis. 199 North Capital. Suite 300. Yeah. We are kind of struggling with density and the number of dwelling units. Our -- our first choice was commercial and, then, respective of this addition, we have selected these two zones, because we thought that was accomplishing that. In retrospect in listening tonight, you know, we can -- we can agree to -- through the development agreement, reduce the densities along that southern line, the TN -R and the TN -C to something that's more compatible with the -- even if it's R-8. And so that the residential component of that -- what's built in that would be of a lower density. You know, we were just -- we are -- our main focus has been commercial and, then, to respect the fact that, you know, if -- you know, perfect world, you work here and you can ride your bike and walk over and live there. So, staff would say let's keep enough dwelling units close to this big project. If it's high density employment, let's be able to live -- live there where you work. So, you know, that's -- it's a balancing act really and it really won't play out until we have a final plat and a plan and probably bring a residential developer into the mix. But we are certainly willing to agree to some language in a development agreement that would reduce the density at that -- all along that property line on Waltman and the residential, so-- Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I would thank you for that openness and I just wanted to comment that I understand that we handed you some challenges when we made the changes on the property to the south of you and I'm not looking for that to penalize you guys, that's not fair, but we do need to take into consideration that we changed the ballpark a little bit when we changed that agreement and need to understand what that does to you as well. So, I think if we can work that kind of language in -- I'm not sure we have heard from everybody yet and I would be willing to, but I would lean towards asking staff to rework the development agreement a little bit and perhaps continuing this to another meeting so that we could see that. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: Given our past actions with respect to transition, we have always tried to buffer large lot subdivisions with progressively scaled down lot sizes. An R -2/R-4, Meridian City Council May 6, 2014 Page 38 of 66 R -4/R-8, and I'd like to see that continue with this in terms of transition and -- and see the area where we do butt the existing rural neighborhood where we have it be R-8, knowing full well when it gets platted that we would anticipate those lots adjacent to the larger lots in the rural community would be larger lots in a subdivision. I'd like to see the R-8 piece extended to the south. I'd also like to have a concept of identified open space, so we don't lose that as a buffer, because that's -- that's another approach we have used to buffer and keep the hearing open until we see something like that and some language change in the development agreement that keeps this on track here. That does not take away my concern for Waltman. I think at some point in time when we see what's going to happen out here -- keep in mind that even if we annex this property it doesn't mean it's going to happen and it would have to go through multiple hoops yet to get development to occur and multiple opportunities to be consulted and multiple opportunities for us to try to make it what we anticipated in the Ten Mile plan. So, I agree with Councilman Zaremba that let's get some additional information and keep the hearing open until we get that and, then, take -- take an action. De Weerd: Before you make a motion, if we could ask the applicant to, please, would work with ACHD and get an answer on what the plan is for Waltman and as it connects how they are going to insure that that rural designed road is capable of safety aspects and traffic aspects with that school there. McKay: I think -- I think I can answer that question, because the Ada County Highway District commission just two weeks ago talked about how -- how to handle these rural residential roadways. I believe what they indicated is they have a budget item where they earmark dollars for safe routes to schools and that money may be tapped to improve pedestrian access, widen streets, create off-street parking along these roadways. De Weerd: Well, if we can insure that that's going to be part of their staff report that's part of our findings and our development agreement, that's great. But you know -- and certainly, Ryan, if you can take that back. Those are the kind of things that we need to see is a certainty and I appreciate that they are moving that direction, we just want to be able to capture it. McKay: Yes, ma'am. And I would encourage -- like on future school sites that you guys look at drop-off lanes like we did at Bridgetower to create an alternative for the vehicles and the parents that are insistent on driving their children to school versus allowing them to walk, because it works very well and that is the only school that has it and we had to push to get them to accept it and I think it's a great idea. De Weerd: I think it's a great idea, but it hasn't worked all that well. McKay: It provides an alternative. De Weerd: Yeah. Meridian City Council May 6, 2014 Page 39 of 66 Bird: Better than the middle school. De Weerd: Any other -- any other discussion from Council before I call on Mr. Rountree? Rountree: Oh, thank you. Milam: Madam Mayor, I do have a question. De Weerd: Mrs. Milam. Milam: And it's regarding the -- Waltman and some of the concerns brought up by the residents was that their road is widened, which it should be, to provide sidewalks and everything else, they are going to lose property and it's going to cut into their wells or it's going to be an expense. Is there any way to address this at this time or does that have to wait until the road is actually widened and happening? De Weerd: I hate to say that's why we are not the road department, but -- that was for your benefit, Ryan. That's all -- all the things that need to be considered as -- as they look at the transition from these rural roads to collectors and it has to connect. Milam: As far as the annexation and zoning, before we make this decision there is no way to work on that, that's going to come later -- is that just kind of a question out there for an unknown time until they actually stake the roads later or is that what they are going to bring back to us? De Weerd: Usually those things are all determined as they purchase right of way and see what -- what specific issues there are to it. McKay: Madam Mayor, I think I can answer that question. De Weerd: Good. McKay: There is ample right of way currently on Waltman and that is a grid -- there are north -south streets that connect and, then, there is another loop street that goes back to Linder. But I did look at existing right of way and I -- I think it's either 50 or 60 feet within -- with 50 feet of right of way they can build a full urban street section, so based on what right of way was already platted I think they can make it work with what they have. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: If there is no further discussion, I'd first like to say hello and good evening to a number of friends and acquaintances in the audience. We have spent some time raising our kids together in the past and it's good to see you again. Having said that, Meridian City Council May 6, 2014 Page 40 of 66 Madam Mayor, I move that we continue this public hearing and ask the staff to put a finer fine point on some of the development agreement conditions with respect to open space and zoning and ask the developer and staff to take a look -- a better look at the transition between the rural neighborhood and the TN -R and TN -C area of this development and identify open space. Also working with ACHD to get a handle on what might occur in the future and -- anything else that I'm missing? I think those are the points that need addressing. Zaremba: Second and discussion, please. De Weerd: Okay. Zaremba: I did not hear the maker of the motion mention a date certain. I would suggest that it be Wednesday, the 21st, which is -- we have a meeting next week, but normally don't have public hearings on that meeting. It's a workshop during the day. On the 20th is actually an election day, so that we don't have our meeting on that Tuesday, we move it to Wednesday, and I'm suggesting the date certain to continue this to would be Wednesday, May 21st. Rountree: The maker of the motion agrees. De Weerd: Okay. Zaremba: Second agrees. De Weerd: Okay. I have a motion and a second to continue this item to May 21st. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: I was going to add to Councilman Rountree's list the pedestrian connectivity to the school site. This is one of the items as well. Zaremba: Thank you. Borton: And, then, within the development agreement there is language with regards -- it's all over -- all over with regards to the Ten Mile area specific plan. That's kind of loosely vague and wiggly. If you could -- with that direction change that language -- Section 4.1.4 and the other -- the components that address how that plan is applied to the C -G and the TN -C, try and put a little more teeth into the obligations of the ultimate developer to comply with that Ten Mile area plan. Watters: Madam Mayor, Councilman Borton, is the Council asking for a concept plan or not? It's loose because there is no concept plan. It's very hard to write a development Meridian City Council May 6, 2014 Page 41 of 66 agreement with provisions when there is not a plan to it. So, if you have some suggestions I would be happy to hear them. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Thanks, Sonya, because it seems like we wanted -- we want to draw up the concept plans, too, in our deal. That's something that comes before us when we do get the concept plans or the zoning. So, all they are asking for is annexation and zoning and we are putting off for two weeks. I -- and we got some things we need to, but I don't -- I don't believe we need to have a concept plan, unless they'd like to get one to us. Watters: Okay. Bird: It's on the preliminary plat -- Watters: Madam Mayor, I would suggest that maybe we put it off another week until possibly the 27th to allow staff time to meet with the applicant and them adequate time to meet with their client to maybe address some of Council's concerns, if you feel it appropriate. De Weerd: Well -- and there needs to be adequate time, too, for the residents to see what is coming back to Council, so -- does that -- there is a lot to be done. I heard it doesn't get developed until 2017. We got years. Zaremba: That can go by in a minute. De Weerd: I'm sorry, Eric, you said it. And I was listening. Watters: And Madam Mayor, Councilman Borton, if I might add. Those provisions you referenced in 4.1.4, those are taken out of the Ten Mile plan. Regardless of whether they are in the development agreement or not, they still do apply. When we get a development plan in, that will be evaluated in accord with our Ten Mile plan. So, if you have suggestions of, you know, anything more or that may be more restrictive than the plan you would like to put in, please direct staff with such. Borton: Okay. De Weerd: Well, the motion is to continue this to May 21st. If it needs to be extended and -- we can note it -- Zaremba: Madam Mayor? De Weerd: -- on our website and also -- Meridian City Council May 6, 2014 Page 42 of 66 Zaremba: There may be a provision to amend the motion. Can we do that, Mr. Nary? De Weerd: Yes. Nary: Yes, you can. De Weerd: We haven't voted. Rountree: You can make a second motion. Zaremba: Uh? Rountree: You can make a second motion. De Weerd: You can do whatever you want. I haven't asked for the vote yet. Zaremba: The motion was very detailed and I would just amend it to make the date certain the 27th, instead of the 21 st, and leave the rest of the motion in place. De Weerd: We could ask the motion maker if he wants to make it the 27th. Rountree: I can agree to that based on staffs recommendation. Watters: Madam Mayor, the applicant just informed me that she had a meeting elsewhere that night, so that won't work for them. Bird: We will have to do it in June. De Weerd: Well, then, June 3rd. Okay. How about that, motion maker? Rountree: Madam Mayor. De Weerd: I'm just trying to help this meeting along. Rountree: Make my motion to continue this hearing until June 3rd, 2014, with staff and applicant moving forward with what was previously discussed at this meeting. Zaremba: Second agrees. De Weerd: Okay. We have a motion. Further discussion? Borton: Madam Mayor? Rountree: Come on, Joe. De Weerd: Mr. Borton. Meridian City Council May 6, 2014 Page 43 of 66 Borton: I'm not changing the motion. I just want to -- just want to point out and appreciate the applicant's participation in this process and the public participation in particular. It seems like at least tonight it's been extremely reasonable and accommodating to try and create a solution. That's not always the case. So, appreciate that quite a bit. As well as the written testimony that was provided -- is it Mr. Telliho? On the back in particular. So, thank you for providing that in the letter. So, think they are helpful for us. Rountree: I agree. De Weerd: Okay. I would like to thank both parties as well. The applicant and the neighbors. I didn't hear any -- anyone saying we don't want to figure out how to work it out and we appreciate that, so -- with that said -- all those in favor of continuing this to June 3rd with the provision as -- as provided in the original motion please say aye. Any opposed? MOTION CARRIED: FIVE AYES. ONE ABSENT. De Weerd: Okay. Thank you. Thank you all. E. Public Hearing: PP 14-004 Biltmore Subdivision by L.C. Development, Inc. Located South of W. Victory Road and West of S. Meridian Road Request: Preliminary Plat Approval Consisting of 159 Single Family Residential Building Lots and Twelve (12) Common/Other Lots on 56.19 Acres of Land in an R-4 Zoning District De Weerd: Item 7-E is a public hearing on PP 14-004. 1 will open this public hearing with staff comments. Watters: Thank you, Madam Mayor, Members of the Council. The next application before you is a request for a preliminary plat. This site consists of 56.19 acres of land, currently zoned R-4 and is located south of West Victory Road and west of South Meridian Road. This property was recently annexed with the Victory South Category B annexation and the provision of the declaration of consent to annexation, this property is not allowed to receive development approval until such time as the property owner and the city execute a development agreement. The applicant is proposing a preliminary plat consisting of 159 single family residential building lots and 12 common lots on 56.19 acres of land in an R-4 zoning district. The minimum lot size proposed is 8,640 square feet, with an average lot size of 11,020 square feet. The gross density proposed is 2.83 dwelling units per acre, consistent with the low density residential future land use map designation for this site. The plat is proposed to develop in five phases as shown. There are three existing homes and accessory structures on this site that are proposed to be removed. Access is proposed on the plat via South Kentucky Way, a collector street in Kentucky Ridge Estates. This is the main street you can see going through the Meridian City Council May 6, 2014 Page 44 of 66 site. Access is also proposed from the east via south Carbondale Place, a local street in Meridian Heights Subdivision and from the southeast by Harris Street, a collector street here that goes out to Meridian Road. Stub streets are proposed to the west and north for future extension and interconnectivity. An approximate 300 foot long section of the Williams pipeline -- natural gas pipeline crosses the southwest corner of the site within a 75 foot wide easement. All development within this area shall comply with the Williams gas pipeline developers handbook. An encroachment permit is required for any development or improvements within the pipeline easement. That is here as you can see right across the southwest corner there. The Sundial Lateral runs off site along the west boundary of the property. The applicant proposes 10.2 percent or 5.73 acres of qualified open space on the site consisting of a 1.5 acre park centrally located there. A .2 acre pocket park. Subsurface drainage areas, pathways, street buffers along collector streets and parkways along local and collector streets in accord with UDC standards. A tot lot with a play structure, a half basketball court and a segment of the city's regional pathway system are proposed as amenities in accord with UDC standards. A regional pathway is proposed along the southwest corner of this site within the pipeline easement. There are a couple of blocks -- Blocks 4 and 5 here that exceed the maximum block length standards. To mitigate the long blocks staff is recommending pedestrian pathways are added centrally within these lots as allowed by the UDC to provide a more direct pedestrian access to the park. The applicant has submitted conceptual building elevations as shown for future homes within this development. The Commission recommended approval of this subject preliminary plat with a development agreement. Becky McKay testified in favor of the application. Bill Hansen testified in opposition. Tamara Hamilton, Val Hill, and Fred Tillman commented on the application. Written testimony was received from Becky McKay, the applicant's representative, and Mark and Christine Freeman. And key issues of discussion by the Commission were the traffic impacts on South Kentucky Way and the timing for a traffic signal at the Harris Street and Meridian Road intersection and connection to South Carbondale Place, the stub street, cul-de-sac in Meridian Heights Subdivision at the northeast corner of the site. You can see there. The Commission changed staff recommendation as follows: They recommended modification of Condition 1.1.E -- 1 E. Excuse me. To allow the existing home in phase two to remain until signature on the second phase final plat by the city engineer. Second change of the modification to Condition 1.1.8 to allow for ditches to remain open if used as a water amenity or linear open space in accord with UDC 11 -3A -6A. Lastly, add new conditions requiring the applicant to install a water main through the common lot required for the micropath in the vicinity of Lot 9, Block 9, to connect into the water main required in the proposed Revolution Ridge Subdivision to the north and include an easement on the plat for the water main. And that is right around here in this vicinity. There are no outstanding issues for Council. Written testimony has been received from the Kentucky Ridge homeowners association since the Commission hearing. Staff will stand for any questions Mayor and Council may have. De Weerd: Council, questions at this time? Bird: I have none, Mayor. Meridian City Council May 6, 2014 Page 45 of 66 De Weerd: No questions at this point? Is the applicant here? McKay: Madam Mayor, Members of the Council, Becky McKay. Engineering Solutions. 1029 North Rosario, Meridian. I'm representing LC Development on this particular application. I feel like I'm running a marathon tonight. Thought you guys would take a break. As you well know, it's been a long road to get to this point and we feel fortunate that through participation with city and the Meridian Heights Sewer and Water District and Mr. Centers that we have reached this point. What's before you this evening is the -- approximately 56 -- the lower 56 acres that Mr. Centers owns that adjoins Kentucky Ridge Development and Kentucky Way. We have extended the sewer and the water from Victory Road. Up to the northeast corner of this 56 acres and it will be extended into this particular project. We will also be connecting over to Carbondale. There is an existing cul-de-sac. However, the right of way does extend to our east boundary and it was at the direction of Ada County Highway District that we make a vehicular connection there. Harris Street currently terminates -- Harris Street currently terminates -- it comes off Meridian Road, it is a half plus 12 collector roadway, with a future signalized intersection at the half mile, which also aligns with Cavanaugh Ridge. They were going to extend and match the Harris Street. Obviously, we don't meet the east - west warrants at this juncture, so it's going to be down the road. We have stubbed to the west and we will extend Harris Street as a collector roadway along our south boundary and Mr. Centers is now under ownership of the property to the south of Harris, so, then, we will swing Harris Street on south and westward eventually over to Linder Road. Now, the master street map for Ada County Highway District, your Comprehensive Plan indicates that Kentucky Way is a collector and Harris is a collector. Now, there are some homes that front on Kentucky Way and when it was done in 1995 we had what we called residential collectors, which even though they were a collector status they were allowed to have minimal front -on housing and that's what we have there. In looking at the design, one of the things that I was cognizant of was, okay, connecting to Kentucky Way what can we do to slow our traffic down. So, it's what we -- one of the measures that -- that we took was to come in with an island where we make that connection, so that we choke that 36 back-to-back collector down to 21 back- to-back on each side of the island. Those islands they create a sense of place, so people will know that they are transitioning into a different development. Also will slow the traffic. We added additional landscaping along that -- that entrance road so we can do some nice entryway features, but also that landscaping and detached sidewalks will create a sense that this is a neighborhood, you need to slow down. We didn't want to make a street connection to Kentucky Way, so we angled that collector roadway and we T'd it in with Harris and, then, when I designed the property to the south I anticipate probably doing a little bit of an offset and so that we have that north -south collector interconnectivity between Amity and Victory, but that it's not a thoroughfare created kind of a de facto arterial. We are doing the same thing when we extend Harris, we are dropping it to the south and, then, I'm going to T in from Linder creating the same atmosphere, because we don't want the traffic or the people -- the vehicles to think that these are a collector like Stoddard, but the fact that they are a neighborhood collector. We created loop streets. We have our primary open space along the collector in the Meridian City Council May 6, 2014 Page 46 of 66 mid section of this particular project. We will have playground equipment and benches and landscaping. As far as our lot sizes we are cognizant of the fact that it was important for the City Council when I brought through the annexation that the lots that adjoin Kentucky Ridge be a minimum of 10,000 square feet. So, when I designed this there are no lots under 10,000 square feet that adjoin Kentucky Ridge. They are all over. I also took measures to drop this street down, so that the lots where houses aren't all in alignment, but we have offsetting homes and create more backyard. So, I put my deeper lots there. I used this knuckle here so that we are not stacking a whole row of lots adjoining Kentucky Ridge, but putting those lots back. So, you know, we have taken into consideration what's existing and how can we match into it. In comparison to Kentucky Ridge as far as the density, our density is 3.56 dwelling units per acre. They are at 3.81. Meridian Heights is at 4.8. So, we are the lowest as far as the density is concerned. Our minimum lot size -- we have no lots under 8,600 and our average lot size is over 11,000 square feet. We feel that this is a great development. It's going to have detached walks with landscaping. We have the pipe -- Williams pipeline that traverses the southwest corner. We will construct the multi -use pathway and the greenbelt. That will be the first leg of that in this particular section. We are working with the city, the Public Works Department, as far as a well site and we have identified a well site adjoining Harris Street. We have prepared exhibits and we are working on a lease agreement so the paperwork can begin at Idaho Department of Water Resources. Mr. Centers obviously has participated in extensions of these utilities and he has participated to close to 800,000 dollars to -- for the hook-up fees for Kentucky Ridge and Meridian Heights, so that we could, obviously, bring this area into the city and onto central services and so as far as financial participation, he has gone above and beyond any developer that I have ever worked for in trying to make sure that his development not only benefits himself, but benefits the community as a whole. Do you have any questions that I could answer? De Weerd: Council, any questions at this time? Bird: I have none. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: What's the phasing of construction of the open space, the park and the connection to Harris Street? McKay: Madam Chairman -- or Madam Mayor and Councilman Rountree, phase one will be this area here. I believe we have approximately 29 lots. It's a small phase. We will extend Harris, come in, make that Carbondale connection. Right now there is one way in to Kentucky Ridge and that's Kentucky Way. So, this will create a secondary access for this -- this area. We will also be stubbing to Mr. Hansen's property at this location. Second phase will be an additional extension of the collector roadway and it will be this area here. I have at this time the primary open space in phase three. So, Meridian City Council May 6, 2014 Page 47 of 66 the extension of Harris and the connection of Kentucky Way to Harris and our primary open space will be in phase three and so phase one and two they are both small phases and, obviously, based on the pace of the market at this time phase three could come upon us faster than we anticipate. Last phases will be phase four and phase five on the west side. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Becky, did you have the opportunity to see the written submission of the Kentucky Ridge homeowners association that was sent in? McKay: I saw some information that was sent to the Ada County Highway District commission. I did read through it. Bird: This is ACHD and Meridian City Council, so you -- McKay: Yes, I did. Bird: Okay. Just wanted to make sure you have seen it and you address the issues. McKay: Thank you. Bird: Thank you. De Weerd: I guess what came up in an earlier application is the need for a collector in this area and there is concern again similar to the previous application about connecting through roadways that weren't necessarily designed for the kind of traffic that now all of a sudden it's having in particular in these county subs that have no curb, gutter and sidewalk. Since you're not doing Harris Street until the third phase, you are going to be impacting the South Kentucky Way I think it was and wanted to know if you will be doing any improvements on that to help with the safety in that area and what -- what plans, if any, you have discussed with that HOA. McKay: Madam Mayor, to answer your questions, this -- this was discussed at length before the Ada County Highway District commission here just a -- just a few weeks ago. gave them the history. I was around when Kentucky Ridge came through in 1995 as a county subdivision connecting to their community water system and their existing sewer lagoons. Mike Preston was the applicant, the engineer, and there was discussion about Stoddard should be aligned with and that would be the collector roadway coming into this particular section. Mr. Preston made an argument that based on Victory roadway, the curve that is to the east, there was an existing home there that Mr. Sabala's mother- in-law or something, they did not want the road -- the collector roadway to go by her house, so the county and the Ada County Highway District went ahead and moved that collector roadway to the location that Kentucky Way is right now and since your 2001 Meridian City Council May 6, 2014 Page 48 of 66 Comprehensive Plan it has been shown as the mid mile collector that would go from Victory to Amity and every comp plan -- because I went and I looked back before I went to the ACHD commission, every comp plan since that 2000 1 believe '1 shows it and when Ada County Highway District did their master street map they showed it. COMPASS map, checked that one, it's shown as a collector. It was known from that day that road was built that it would be a collector roadway into the interior of this section, because you have the Ridenbaugh Canal that runs parallel with Victory and, then, crosses it diagonally. Now, Ada County Highway District staff -- we also did a traffic study. We had used Six Mile Engineers, who ACHD uses, to do a lot of the work for themselves. Highly respected. I sent them an e-mail and it said I want you to look at these issues, the safety of Kentucky Way, the grade, the site distance, the number of vehicles. These are the concerns that were expressed at my neighborhood meeting. had two neighborhood meetings. Six Mile came back to me and said there are no issues with Kentucky Way. It is well under its capacity. ACHD staff indicated that it's there like, what, handful -- it's a handful of trips on it at this time and that it doesn't warrant any widening. Obviously, they promised the neighbors -- they said with the new middle school going in on Stoddard -- I guess the bond issue is going to take place here shortly, we could get Kentucky Way on our list as far as improving access to school and go in and do some improvements to it. But as far as off-site improvements, the numbers do not support it. It has the capacity, I believe ACHD said, of 5,000 vehicle trips per day and it's well under a thousand. Revolution Ridge will put more traffic on Kentucky Way than we will, because we have alternative points of access to Carbondale, which leads out to Meridian Road and to Harris, which also leads out to Meridian Road. So, when the ACHD commission looked at it they said based on the policy manual it isn't even at a local street threshold, so there are no safety issues. There are no existing problems. So, we cannot make Mr. Centers improve it when it's not warranted. De Weerd: Do they only look at safety of cars? I mean there is something that needs to be said about safety of pedestrians and bicyclists and you brought up the point that the middle school will be built at some point. I don't know if the bond passes this time, sooner rather than later, but it is going to be built and will be, by approving this, you know that those kids are not going to go out on Harris and walk down a busy freeway to, then, go over to Stoddard and walk to the middle school. They are going to walk down South Kentucky Way to get to school and I can't see how ACHD can say South Kentucky Way will be safe for pedestrians and bicyclists when there is no curb or gutter or sidewalk. McKay: Madam Mayor, what Ada County Highway district commissioners indicated to me was that the developer of Revolution Ridge agreed to construct sidewalk on the east side of Kentucky Way. De Weerd: From their point of entry on down, but that doesn't bring it clear to where your development will be started, does it? Meridian City Council May 6, 2014 Page 49 of 66 McKay: Yes. I believe there is existing sidewalk on the south portion. The lack of sidewalk is only on that north leg. Bird: It's on the west side, too. McKay: Yeah. Bird: We didn't -- we did not make them do that. McKay: And I guess the problem that we run into is a design issue, Madam Mayor. De Weerd: Uh-huh. McKay: When these sections -- when these streets are designed as a rural section, the drainage just sheds off from the crown and goes into like gassy swales, borrow ditches, whatever the case may be. If you construct curb, gutter and sidewalk, then, you have to put that drainage in some type of drop inlet, sand and grease trap, and pipe it somewhere. So, to go in and retrofit it is only almost impossible as a private entity to go retrofit these, because where do you put the drainage, because your property may be uphill, as Mr. Centers is. Ada County Highway District, however, they have the ability, because they will make improvements to Victory over time. It is in the CIP to make improvements to it, then, they can create some storm drain facilities, which, then, will facilitate the curb and gutter on that north leg of Kentucky Way. I have some photographs that -- oh. I will grab them and bring them to rebuttal. They are in my file. De Weerd: Okay. McKay: And I do have them electronically, too. I took them to the Commission meeting. De Weerd: If you can get them to Sonya, then, we can show them on the overhead when you come up. Any other questions for Becky at this time? Rountree: No. Thank you. De Weerd: I'm sure there were people that were signed up, but I will ask you whoever wants to testify come on up. Madam Clerk, do we have a sign-up sheet? I think the sign-up sheet disappeared with someone's paperwork, so we are casual. Come on up when -- and you're the HOA -- Hamilton: I am Tamera Hamilton and I -- I am the HOA president for Kentucky Ridge Estates. De Weerd: Okay. Thank you. Meridian City Council May 6, 2014 Page 50 of 66 Hamilton: My address is 3496 South Arcaro. First of all, we would like to thank Biltmore for having those two neighborhood meetings. It really did help ease our minds. However, we do have a couple of more suggestions and we would like to present those to you all tonight. Kentucky Way is going to be Biltmore Estates main entrance and exit until phase three, as she -- as Becky had mentioned and to our knowledge initially when we asked how long the phases will take to be built she did indicate that they could be a year or longer, which means if -- if that is true that it will be three plus years before they actually have their own entrance and park area and to us simply because the -- the existing road that is Kentucky Way out to Victory, you can see that right now it's just grass and fencing and as she mentioned Revolution Ridge has -- has promised to build sidewalks from this sidewalk here on Kentucky Way that's very close to Riodosa and so it will continue on around this curve to meet up with Victory. Our -- our primary concern is we don't feel that that is enough to make it safe for our pedestrians. It will be an off- road sidewalk, but I believe adding curb and gutter will also make that a bit more safe, it will guarantee that the drivers will know exactly where the road is and not veer off possibly to a sidewalk when we do get snow and that has happened where people have hit our fence before, which seems rather hard to believe, but it has happened. We also feel like that these subdivisions that are coming in, as long as they are willing to work with us, we are willing to make compromises, but we feel like safety is not one of those compromises that we should make, especially when it comes to our children and people that will access those sidewalks. And as she also mentioned there will be a vote come May 20th for the new middle school that will make us within walking distance of the school and right now it is not safe. Victory is not safe. It does have borrow ditches on both sides of Victory and so we are concerned that, yes, ACHD will come in where needed to hopefully build a proper sidewalk and curb and gutter to assure our children's safety there, but we also need that assurance within our neighborhood and we feel like these subdivisions that are coming in, although we are not opposed to development, should help and improve those roads, because they will be using them primarily for the first three years and we feel that the taxpayer dollars should be utilized later on when it becomes necessary that those curb and gutters should have been done in the first place. Like I said, our primary focus is safety and so by -- by adding the curb and gutter will help would with our children's safety, as well as any pedestrian that's utilizing the sidewalk. If -- if you decide that that's not the course of action that you would like them to take, we would propose that -- that their entrance be built in phase one at the very latest phase two. I think we would still provide connectivity, which is what ACHD wants and we would all like as well, but it does reduce the traffic on Kentucky Way and -- and make -- just makes it safer for our park, our children that are walking to school, and also driveways that empty out onto Kentucky Way. As you can see, the differences between Biltmore and Strada Bellissima, we feel that Biltmore, the way it's designed, although it's a nice sweeping curve, still will feel like a thoroughfare versus if you use a T intersection, such as they use at Strada Bellissima, it has a better impact of slowing and calming that traffic versus an island. This would also give them a chance to put a small signage, rather than a larger sign to enter into Biltmore Subdivision. It -- it just has a better -- I think I have gone through neighborhoods that have a T intersection and they definitely make you slow down. You don't -- you can't just zoom through or go around an island easily, you have to maybe stop and make the turn or know where you're Meridian City Council May 6, 2014 Page 51 of 66 going. So, our request is that you keep our neighborhood safe and keep all the suggestions that may be used in Kentucky Way. It sounds like it could be quite a few school children by the time these subdivisions are built out and I think it's important that we keep those things in line. He would love to see a change of Kentucky Way and have that traffic truly calmed with a T intersection or something like it and, then, we feel that today is the best time to take into consideration future changes that will happen to our city and we need your protection and oversight. Thank you. De Weerd: Thank you. Council, any questions? Thank you. Any other public testimony? Fisch: Good evening. De Weerd: If you will state your name and address for the record. Fisch: Rick Fisch. 3378 South Kentucky Way. De Weerd: Thank you. Fisch: Madam Mayor, Members of the Council, I just wanted to make a point of clarifying that in the resolution -- I don't know if it's a resolution -- a motion that was passed at the ACHD meeting, the Commissioner Jaurena did have a strong concern about improvement of Kentucky Way and I think that was included in his -- in his motion. That's all. De Weerd: Okay. Any other public testimony? Okay. Becky. McKay: Sonya, could you load that? So -- De Weerd: If you will state your name again for the record. McKay: Becky McKay. De Weerd: Thank you. McKay: Madam Mayor, as you can see on this aerial photo, the white mark -- where did it go? The white -- do you see the white lines on the aerial photo that's overlaid adjoining us? That is curb, gutter and sidewalk and that extends all the way until the lot stop -- the resident -- or the urban sidewalks and, then, it transitions just to asphalt. Can I change it? I don't have a -- this is the subject property. As you can see it is elevated above Kentucky Ridge. That shows you the street typology, drawings showing Kentucky -- it didn't -- there is Highway 69. There it is. Right there. This is your future collector map. It shows it, too. I had those highlighted, but it's not showing up on here. And this is what we are working on in the future is the remainder -- why is that not doing it? There we go. This is what we are working on is the remainder property to, obviously, design the collector. It sewers in a different direction out to Linder and north Meridian City Council May 6, 2014 Page 52 of 66 to your trunk that's currently at Fall Creek. So, that's why this project has to be done in different steps, because it sewers in two different directions. Go to the next one. I think that's it. Yes. As far as the current traffic count on Kentucky Way that was taken this year, there are 465 vehicle trips per day on it. A standard local residential -- single family residential street, we try to keep them at a thousand. Existing local streets are allowed to go up to 2,000. A residential collector is 5,000 trips per day. It will have -- if you calculate -- include Kentucky Ridge -- or Kentucky Ridge's existing traffic, Revolution Ridge and Biltmore Estates, the total traffic generated at build out on Kentucky Way will be 1,849 vehicles trips a day. Well under the 2,000 that a local street can handle. Sonya, do you have an aerial? There we go. So, the curb, gutter and sidewalk extends, I believe, to where -- where the urban residential stops and there is -- there are no more houses, other than these estate lots and that's -- so, yes, there is curb, gutter and sidewalk and Revolution Ridge will build another stretch of sidewalk on that east side and that was the preference. I would also like to mention this particular project will pay 480,000 dollars in impact fees to Ada County Highway District alone. Now, they indicate to me, well, since Kentucky Way is an existing collector under the rules of the impact fees, we can't take those dollars and earmark them for upgrade of Kentucky Way. But I mean, nonetheless, that's 480,000 dollars in ACHD's kitty that will be generated by our development. We think we have got a great project. It's low density. It's larger lots. The homes that we are looking at are upper mid range I would categorize them. Mr. Centers is excited. He's put out 1.3 million dollars and doesn't even have one lot in the ground and we don't see that very -- very often. He has been generous and good to work with on this particular project. Finally, the only comment as far as the staff report is concerned -- Sonya did have a comment about pedestrian paths. We added all the pedestrian paths as requested, except for one pedestrian path -- I believe it was in Block 4 where our measurement at the mid section of this block is exactly 750 feet. So, we don't believe that we need a pedestrian path to break the block if we are -- don't exceed 750. The other comment concerning the conditions was on the water modeling, we have been working with Kyle on the future city well site and I think Kyle has modeled it. There is a reference to an elevation of 2,700 that the city can serve off of the existing capacity and I think Kyle -- Kyle's looked at that and it is beyond the 2,700, but it does not -- we can only bring on the phases that you can provide adequate fire flows to based on the current flows out there. So, we just wanted to, obviously, make that -- we were concerned about that number 2,700 being in stone, since it was referenced specifically in the condition. Other than that, we are in agreement. De Weerd: Council, any questions? Bird: I have none. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Meridian City Council May 6, 2014 Page 53 of 66 Rountree: Becky, what's -- what's the name of the southern most street that would go out towards Meridian Road? Is that Carbondale? McKay: The northern most street? Bird: The southern. Rountree: Southern. McKay: Oh. Harris. Rountree: So, that -- so that goes over and hooks up into Harris. So, it would be Harris continuing? McKay: This will be a continuation of Harris. Yes, sir. Carbondale is located at the northeast -- Rountree: That's Carbondale. McKay: That's Carbondale. And Carbondale does loop out to Meridian Road. Rountree: Yeah. McKay: And so -- and Harris -- eventually it will be signalized. I'm hoping if Hawkins ever moves forward on their commercial site, they warranted the signal. When Cavanaugh makes their half mile, mid mile collector that they are required to make under their DA, then, that will help us meet that ITD warrant. De Weerd: So, Becky, when do you connect to Carbondale? McKay: Phase one. De Weerd: In phase one? McKay: Phase one. De Weerd: And they have to go out to Carbondale to Bloomington -- McKay: And Meridian Road. De Weerd: And, then, to Meridian Road. McKay: Yes. De Weerd: Who has the two lots once you get off of South Kentucky Way on Victory Road to get to Stoddard? Meridian City Council May 6, 2014 Page 54 of 66 McKay: I believe Mr. Fisck and Mr. Sabala. Bird: Yeah. McKay: And, Madam Mayor, if I may say, I -- I did have to provide a concept on Mr. Hansen's property to demonstrate to them that the sewer alignment would fall within future public streets and would not be a detriment to their property and I did put an access in alignment with Stoddard, which was like a half plus 12 and we had it shifted a little bit to the east, because we can shift the center line up to a maximum of 12 feet. They don't have to be in direct alignment, although that is preferred. So, when the Hansens property develops there would -- could be another connection to Victory in addition to Kentucky Way. De Weerd: Well, I will just tell you I'm still concerned about the safety of kids getting to middle school on Stoddard. I understand from our previous application that many parents continue to drive their kids to school and if you're ever to break that -- that habit you have to give kids a way to get to school safely. Getting them to Victory Road seems that with the sidewalks in the subdivision along Kentucky Way and with extension of the sidewalk to Victory Road you still have a very busy road on Victory Road to get them to Stoddard. We have had this scenario before where we are setting up an unsafe situation and I know it's off-site improvement, how do get kids to school safely, but if you ask me, one of the biggest responsibilities this Council has is public safety and it is going to be how to get those kids to school and encourage them to walk. But you're not going to encourage them to walk when you have no safe way to get there and they do have existing sidewalks in Bear Creek, so it's trying to figure out how to get them there. We can't change it for the existing residents, but there should be a plan -- and I don't know if ACHD has it yet, but as we add new -- new residents and new opportunities for students that -- to want to get to school, that has to be a consideration from this Council. McKay: If I may -- if I may comment, you guys have an existing multi -use pathway that's ten foot wide that was built in Bear Creek at the southern boundary of Victory. It runs over to Stoddard and, then, we are building multi -use pathways down Stoddard along the frontage of Fall Creek and -- which leads directly to the new middle school and, then, we are also building it along one side of our collector roadway all the way to Linder. De Weerd: And how is that going to connect to this development? McKay: It's right across from Victory. Your multi -use pathway -- see in the comment, is visible right -- right at Victory. De Weerd: And how do you get them from Kentucky -- South Kentucky Way to Stoddard, to -- to the pathway? Meridian City Council May 6, 2014 Page 55 of 66 McKay: You would have to go down Victory. You have got to work your way down Victory and I guess Ada County -- with the extension of the sidewalk all the way down to Victory, matching up to the existing walks that's going to be down by Revolution Ridge, that will take you -- get you down to Victory. Now, as far as getting from Victory over to Stoddard, ACHD is the only one that can solve that problem and they indicated with the new middle school plans they will have to reevaluate this area and create safe routes to school for the pedestrians and the bicyclists, so -- I mean it's not something I can solve. If -- I mean there -- we have gaps in our walk all over on the arterial, because there are section line roadways. So, I don't -- I mean I don't understand -- I guess, you know, the only way to solve it would be to earmark dollars paid in impact fees for those upgrades, which that would be sweet, because, then, you would truly be mitigating your impacts on the transportation system with the monies paid. But my understanding is that's now it works. It can be spent anywhere in the district. So, I guess that -- that's something that needs to be discussed. We used to have at least zones where those dollars would stay within the zone -- I mean that's -- that's not the case. They eliminated those. De Weerd: Well, I will use a phrase that one of these Council members used to say often. Rountree: Don't give me credit. De Weerd: I'm not in a hurry. If you can't set up a safe situation, wait until you have the assurances from Ada County Highway District that you will have a safe situation. That is my concern. Any other questions from Council? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: On Harris Street, does it currently connect to Meridian Road? I'm not familiar with that -- McKay: Yes, sir. Rountree: -- piece of terrain, so -- McKay: Yes, sir. Rountree: And how far back -- McKay: It currently connects straight out to Meridian Road at the half mile. It is like half plus 12. Rountree: So, it's -- it will be -- it will be the point of signalization? McKay: Yes, sir. Meridian City Council May 6, 2014 Page 56 of 66 Rountree: And does it go to the depth of the existing subdivision to this parcel or does it stop at that one subdivision street furthest west? McKay: No, sir. It abuts our -- this property. So, we can connect to the existing roadway improvements and right of way and extend westward. Rountree: And it's my understanding that that property is all under the ownership of Centers, so -- in fact, that will ultimately be what is widened and -- McKay: Yes, sir. Rountree: -- put in a -- McKay: We will have to build a full residential collector. Rountree: And the build you're saying for that is in phrase three? McKay: Yes, sir. Rountree: What I'm going to ask is that the right way for that, in anticipation that phase three never happens, be provided to ACHD, so we don't get stuck with what we get stuck when the market goes south on some of these things and we can't get people around. McKay: Madam Mayor, Councilman Rountree, I believe Ada County Highway District had a condition that a deed restriction be recorded, so they could be assured that the Harris Street right of way going westward would be constructed as shown in their master street map in the event that the property ever were to change hands. Rountree: Okay. McKay: So, ACHD has -- beat you to it. Rountree: Good. Takes care of my concern. McKay: Okay. Rountree: Thank you. De Weerd: Okay. Any other questions for the applicant? Okay. McKay: Thank you. Borton: Madam Mayor? Meridian City Council May 6, 2014 Page 57 of 66 De Weerd: Mr. Borton. Borton: If there is no additional information needed, I would move that we close the public hearing on Item 7-E, PP 14-004. Bird: Second. De Weerd: I have a motion and a second to close the public hearing on Item 7-E. All those in favor say aye. MOTION CARRIED: FIVE AYES. ONE ABSENT. Borton: Madam Mayor? De Weerd: Yes, Mr. Borton. Borton: I'm comfortable with the plat and the applicant's comments in regards to the staff conditions that this is proceeded phasing and the balancing of the interest still makes me feel comfortable that this plat's appropriate. It may become a motion, but for right now it's just my comment. De Weerd: I guess I will just give -- I think you already know my concern about the safety in that area for anyone on foot or on bike. Getting them to Victory and completing that last leg along Victory to connect to another safe place is, in my opinion, paramount. We learned this during our high growth period and where they are putting schools without adequate infrastructure to get kids safely to school, we keep saying we have learned from our -- our past mistakes and I feel that if we don't have an answer to this before getting more kids in that area we are going to define insanity. So, we know that there are going to be off-site connections in many places, but I do think it is our responsibility to see how to make those connections and to work with the appropriate -- if the developers cannot get it done, that they need to work with the responsible agency to make sure there is a commitment when that hazard, which is a school, is -- is built, that that connection is there and that's my two cents worth. I think this is a great development and you can see that by -- that we don't have a room full of people, that this will compliment some of the development that is already there, but with that said it also presents something that we need to insure that we don't endanger and set ourselves up for a -- a serious problem. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: While I am very concerned about the safety of kids walking to school and stuff and it only took them 46 years to get sidewalks to my place, but I don't feel that this subdivision is the cause of it. I think what we need to do is -- like we should have done at Sawtooth, before we allowed the school district to put the school in out there, we Meridian City Council May 6, 2014 Page 58 of 66 should have made sure that they went to ACHD and got that stuff taken care of. This subdivision's plan -- a pretty good set of impact fees to ACHD and ACHD, to their credit, has done two or three safety school projects, because of yourself and the Council asking to get it done and they have done it. So, I don't -- while I know this is going to create the stuff that -- when they get ready to put that school in, that's when -- that's when we need to make sure that all pathways to that school is safe out of here. They are getting it down to the road. Now the school and us and ACHD, they get it from theirs to the school. That's my first statement. Madam Mayor? De Weerd: Mr. Bird. Bird: I'm not going to sit here all night and look dumb. I can look dumb anytime. But -- I move that we approve PP 14-004 and include all staff, applicant, and public testimony. Borton: Second. De Weerd: I have a motion and a second to approve Item 7-E. Any discussion? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: Would the maker of the motion include in that that the open area park be included in phrase two, as opposed to phase three? Bird: Maker, if the second agrees, would do that. Yes. It's right on the edge of phase two anyway. Borton: Second agrees. De Weerd: Okay. Any other discussion? Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: Do we need to make any recommendation on the one block length that there was some question about, whether it was too long or not? Have a division in it or is the -- Watters: It's -- Zaremba: Okay. Bird: Madam Mayor? Meridian City Council May 6, 2014 Page 59 of 66 De Weerd: Mr. Bird. Bird: I believe that met the -- the 750 feet met the -- Zaremba: According to the applicant it was okay. Bird: Yeah. I didn't see Sonya having a heart attack. De Weerd: I hope we don't see her have a heart attack. Okay. Any other discussions? Madam Clerk, will you call roll. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea; Milam, yea; Cavener, absent. De Weerd: All ayes. Motion carried. MOTION CARRIED: FIVE AYES. ONE ABSENT. De Weerd: Council, before -- staff, I guess, before we move into department reports, I will have -- I know we have a request to meet with the Ada County Highway District commission. We have to talk about connecting and safe routes to school and we have to do this prior to development and I am -- we have numerous examples of where we have failed in this area. We don't need to keep doing that. So, if you will put that also on the agenda and, Ryan, I'm sure in your report tomorrow you will give a heads up. So, thank you. Item 8: Department Reports A. Public Works Department: Budget Amendment for FY2014 in the Amount of $175,000.00 for Waterline Extensions De Weerd: Okay. Under Item 8, Department Reports. 8-A is under our Public Works Department. I will turn this over to Kyle. Radek: Madam Mayor, Council Members, this budget amendment is for 175,000 dollars to fund two projects. The first project is the Waltman Lane water line extension. This project was designed at the end of the last fiscal year and was intended to be built this fiscal year. We budged for three projects and the two projects that were -- not more important, but more urgent than this project, came in over our budget and took that water line extension money that Waltman Lane needs. Waltman Lane has been bid out, so we know exactly how much we need for it, so that's 75,000 we are requesting for that project. The second project is the Locust Grove, Black Rock to Reflection Ridge project, and this project is scheduled for construction in 2015 and we were intending to design it in 2015 as well. We have done some pre -design and come to the realization that the project will be a little more complicated than our average water line extension project, requiring a little more design time, so we would just like to start designing early Meridian City Council May 6, 2014 Page 60 of 66 on this project, so we would like to move to the design forward is the reason for the -- for the funding for this project. With that I will stand for any questions. De Weerd: Thank you, Kyle. Any questions from Council? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Kyle, I take it that the second phase -- the second -- the design is going to be about 101,000 for the design? Because you're asking for 175 and 74 of it is for Waltman? Radek: Council -- Councilman Bird, the Waltman Lane project bid out at -- Bird: Seventy-four thousand -- Radek: -- 74,770 dollars, so that would leave us 330 dollars extra, if you will. It seem like a budget amendment for exactly that amount was absolutely necessary -- Bird: No. Radek: -- and we are not going to -- we are not going to give the contractor 330 dollars if he doesn't deserve it, but we -- you know, I don't mind having 330 dollars extra in the 800,000 dollar budget just in case it is needed. Bird: I'm glad you do, because that -- but I'm talking about the 175,000 that we are asking for right now. We are not -- we are not talking about the contract. You told me part of it was for Waltmans, which is 75,000. Radek: Seventy-five thousand. Yes. Bird: Okay. So, 100,000 for design of this other project? Radek: That's correct, sir. We actually have a task order, scoped it with JUB Engineers and their -- their design estimate was 94,000 and it gets a little higher than you would normally expect. It's -- it's about 20 percent rather than ten percent of the project, estimated construction budget. But it is a large project we expected to be 500,000, so it's not totally out of line. Bird: Okay. Kyle -- and this is -- this is a broken record. But why are all our contracts coming in over budget? Are we getting bad estimates out of our professionals or what? Radek: Councilman Bird, there is a couple reasons. The first and foremost reason is that when we ask you for budget, we are about a year, maybe a year and a half away from constructing the project. We don't have a design estimate from our -- from our Meridian City Council May 6, 2014 Page 61 of 66 consultants and sometimes we don't know what the project is. For example, the -- one of the project that went over -- over the budget we requested was the -- the utility improvements in conjunction with the Ustick Road, Locust Grove to Leslie project. So, all we know when we come to you for the budget is that ACHD is doing the road project and we may know what the extent of it is and we may know when they are going to do it, but until we get into the design of the project with ACHD and we find out where that storm drain is and where they're putting curb and gutter and sidewalk and the extent of their -- of their improvements that we have to adjust for, we don't know exactly what we are doing for the project. So, in this case we have -- we budgeted 40,000 -- 50,000 dollars for the ACHD project, which came in about 80,000. We budgeted 450,000 dollars for the Locust Grove project, which came in at 500,000 and the Waltman Lane project, which we actually did a design on. The design estimate was 82,000 and the project came in at -- as you can see at 74,000 and some change and that's pretty good. And so when we are budgeting a year in advantage of the project and we don't quite know what the project is and we get within ten percent, I think that's pretty good. De Weerd: Any other questions? Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: On a similar subject, I -- it seems to me several years ago we went through a period where our estimates were high and we were getting bids that were much lower, just after the crash and I guess my -- my question is are we going through the converse and is what you're describing the fact that the economy is picking up and at the point that where you make the estimate -- between then and when we actually get a bid the economy has improved and the cost goes up? Radek: Councilman Zaremba, that's another point that I failed to mention is, yeah, we have seen some pretty crazy ups and downs in the -- in the contracting market. We have had -- we have had times when we have put out a bid and we would get one contractor bidding on it and we have had times when we put out a bid and we got ten contractors bidding on it, just because of the -- the atmosphere. We have a lot of busy contractors right now that don't need our work and when we put out a bid they -- they see a chance to make money or they see it -- you know, they don't need it, so they -- we are going to see higher prices and we have seen that lately. Zaremba: In a way that's good news for the economy, but it pinches a little bit. De Weerd: Any other questions or comments? Borton: Madam Mayor? De Weerd: Mr. Borton. Meridian City Council May 6, 2014 Page 62 of 66 Borton: With no further comment, I would move we approve Item 8-A, the Public Works Department budget amendment in the amount of 175,000 for the water line extension. Rountree: Second. De Weerd: I have a motion and a second to approve Item 8-A. Any discussion? Madam Clerk. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea; Milam, yea; Cavener, absent. De Weerd: All ayes. Motion carried. MOTION CARRIED: FIVE AYES. ONE ABSENT. B. Approval of Award of Bid and Agreement to Paul Construction for the "Waltman Street Waterline Extension - Construction" project for a Not -To -Exceed amount of $74,770.00 De Weerd: Okay. Item 8-13 is looking for approval of the award. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: I would move that we approve Item 8-13, the award of bid to Paul Construction for the Waltman Street water line extension in an amount not to exceed 74,770 dollars. Rountree: Second. De Weerd: I have a motion and a second to approve Item 8-B. If there is no discussion Madam Clerk, will you call roll. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea; Milam, yea; Cavener, absent. De Weerd: Oh, my gosh. I think that was approved. MOTION CARRIED: FIVE AYES. ONE ABSENT. Item 9: Ordinances A. Ordinance No. 14-1603: An Ordinance (AZ 13-012 — Sagewood Subdivision) For Annexation Of A Parcel Of Land Located In The NW'/4 Of Section 24, Township 3 North, Range 1 West, Boise, Meridian, Ada County, Idaho, Establishing And Meridian City Council May 6, 2014 Page 63 of 66 Determining The Land Use Zoning Classification Of Said Lands From RUT And R-1 To L -O (Limited Office District) And R-8 (Medium Density Residential District) In The Meridian City Code; And Providing An Effective Date De Weerd: Item 9-A is Ordinance 14-1603. Madam Clerk, would you, please, read this by title only. Holman: Thank you, Madam Mayor. City of Meridian Ordinance No. 14-1603, an Ordinance AZ 13-012, Sagewood Subdivision, for annexation of a parcel of land located in the northwest one quarter of Section 24, Township 3 North, Range 1 West, Boise meridian, Ada County, Idaho, as described in Attachment A and annexing certain lands and territory situated in Ada County, Idaho, and adjacent and contiguous to the corporate limits of the City of Meridian, as required by the City of Meridian, establishing and determining the land use zoning classification of said lands from RUT and R-1 to L -O, Limited Office District, and R-8, Medium Density Residential District, in the Meridian City Code, providing that copies of this ordinance shall be filed with the Ada County assessor, the Ada County recorder, and Idaho State Tax Commission, as required by law, and providing for a summary of the ordinance and providing for a waiver of the reading rules and providing an effective date. De Weerd: You have heard this read by title only. Does anyone want to hear it read in its entirety? Rountree: They are leaving. Bird: Madam Mayor? De Weerd: You could say yes and, then, leave. Mr. Bird. Bird: I move that we approve 14-1603 with suspension of rules. Milam: Second. De Weerd: I have a motion and a second to approve Item 9-A. Madam Clerk, will you call roll. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea; Milam, yea; Cavener, absent. De Weerd: All ayes. Motion carried. MOTION CARRIED: FIVE AYES. ONE ABSENT. B. Ordinance No. 14-1604: An Ordinance (AZ 13-016 — Southern Highlands) For Annexation Of A Parcel Situated In A Portion Meridian City Council May 6, 2014 Page 64 of 66 Of Section 32, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, More Particularly Described As Lots 16 And 24, Block 1, A Portion Of Lot 1, Block 4, A Portion Of Lot 1, Block 5, And A Portion Of Lot 1, Block 6 Of Blackrock Subdivision No. 1, And A Portion Of S. Eagle Road And E. Taconic Drive Right -Of -Ways, Determining The Land Use Zoning Classification Of Said Lands From RUT To R-4 (Medium Low Density Residential District) In The Meridian City Code; And Providing For A Waiver Of The Reading Rules; and Providing An Effective Date De Weerd: Item 9-B is Ordinance 14-1604. Madam Clerk, will you, please, read this by title only. Holman: Thank you, Madam Mayor. City of Meridian Ordinance No. 14-1604, an Ordinance AZ 13-016, Southern Highlands, for annexation of a parcel situated in a portion of Section 32, Township 3 North, Range 1 East, Boise meridian, Ada County, Idaho, more particularly described as Lot 16 and 24, Block 1, a portion of Lot 1, Block 4, a portion of Lot 1, Block 5, and a portion of Lot 1, Block 6, of Black Rock Subdivision No. 1, on file in the office of the recorder, Ada County, Idaho, in Book 96, pages 12,003 to 12,008 and a portion of South Eagle Road and East Taconic Drive right of ways, the exterior boundary of which is more particularly described in Attachment A and annexing certain lands and territory situated in Ada County, Idaho, and adjacent and contiguous to the corporate limits of the City of Meridian, as requested by the City of Meridian, establishing and determining the land use zoning classification of said lands from RUT to R-4, Median Low Density Residential District, in the Meridian City Code, providing that copies of this ordinance shall be filed with the Ada County assessor, the Ada County recorder, and Idaho State Tax Commission, as required by law, and providing for a summary of the ordinance and providing for a waiver of the reading rules and providing an effective date. De Weerd: You have heard this read by title only. Council, I don't see anyone who wants to hear it read, so do I have a motion? Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: I move that we approve Ordinance No. 14-1604 with suspension of rules. Zaremba: Second. De Weerd: I have a motion and a second to approve Item 9-B. Madam Clerk, will you call roll. Meridian City Council May 6, 2014 Page 65 of 66 Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea; Milam, yea; Cavener, absent. De Weerd: All ayes. Motion carried. MOTION CARRIED: FIVE AYES. ONE ABSENT. Item 10: Future Meeting Topics De Weerd: Council, any items for consideration under Item 10, Future Meeting Topics? Rountree: The one you mentioned, obviously. De Weerd: Okay. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: Not a topic, but I regret that I will miss the workshop next week and just want to make sure we will have a quorum. De Weerd: Will everyone be here besides me? Bird: I will be here. De Weerd: I mean I'm not going to be here either. Only a comment for Mr. Zaremba. did notice the air quality looked pretty bad in one of those pictures showed today. So, would you do something about that. Zaremba: I will do my best. De Weerd: Okay. Zaremba: We are going to test every car. Item 11: Amended onto the Agenda: Executive Session Per Idaho State Code 67-2345 (1)(c)(f): (c) To Conduct Deliberations Concerning Labor Negotiations or to Acquire an Interest in Real Property, Which is Not Owned by a Public Agency; AND (f) To Consider and Advise Its Legal Representatives in Pending Litigation De Weerd: Council, I would entertain a motion to adjourn into Executive Session. Bird: Madam Mayor? Meridian City Council May 6, 2014 Page 66 of 66 De Weerd: Mr. Bird. Bird: I move we go into Executive Session as per Idaho State Code 67-2345(1)(c), (1)(f). Milam: Second. De Weerd: I have a motion and a second to adjourn into Executive Session. Madam Clerk, will you call roll. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea; Milam, yea; Cavener, absent. De Weerd: All ayes. Motion carried. MOTION CARRIED: FIVE AYES. ONE ABSENT. EXECUTIVE SESSION: (9:26 p.m. to 10:38 p.m.) De Weerd: I would entertain a motion to come out of Executive Session. Rountree: So moved. Bird: Second. De Weerd: All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: FIVE AYES. ONE ABSENT. De Weerd: Do I have a motion to adjourn? Rountree: So moved. Bird: Second. De Weerd: All those in favor? All ayes. MOTION CARRIED: FIVE AYES. ONE ABSENT. MEETING ADJOURNED AT 10:38 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) MAYOR MY DE WEERD DATE APPROVED ATTEST: Gc�4�RATEnqu�sr yr •,, city : JAYCEEJHLNA`W, Y C l�C C11 l DAH O' EAL ?�, JR F�f��the TRE aS`�Q'F. Item #7A: Whitebark Subdivision (FP -14.015) The applicant requests withdrawal of this application. Item #7B: Chesterfield No. 3 (FP -14.019) Application(s): Final Plat Location: The site is located south of W. Pine Avenue between N. Black Cat Road and N. Ten Mile Road. Summary of Request: The applicant requests approval of a final plat consisting of 48 residential lots on approximately 7.42 acres of land_ in the R-8 zoning district. The proposed final plat is in substantial compliance with the approved preliminary plat. Written Testimony: Scott Noriyuki (in agreement w/staff report) Staff Recommendation: Approval Item #7C: Browning Plaza Subdivision (TEC -14-005) Application(s): 9 Preliminary Plat Time Extension Size of property, existing zoning, and location: This site consists of 38.21 acres of land, is currently zoned C -G, and is located on the south side of W. Waltman Lane, north of 1-84, approximately'/ mile west of S. Meridian Road. Summary of Request: The applicant requests approval of a 2 year time extension on the preliminary plat for Browning Plaza subdivision in order to obtain the City Engineer's signature on a final plat. This is the 3rd extension requested by the applicant. The preliminary plat consists of 40 building lots & 2 common area lots on 38.21 acres of land. Written Testimony since Commission Hearing: Shawn Nickel (in agreement w/staff report) Staff Recommendation: With all extensions, the City Council may require the preliminary plat to comply with current provisions of the UDC. Therefore, staff recommends approval of the subject time extension with the condition the applicant revise the development plans to comply with the 2013 Edition of the Supplemental Specifications and Drawings to the Idaho standards for Public Works construction. Notes: Item #71): Ten Mile Center (AZ -14.001) Application(s): Annexation & Zoning Size of property, existing zoning, and location: This site consists of 120.69 acres, is currently zoned RUT in Ada County, and is located on the east side of S. Ten Mile Road midway between 1-84 & W. Franklin Road. Summary of Request: The applicant proposes to annex and zone the site as follows: 81.35 acres located in the LC (63 acres), HDR (15+/- acres), and MHDR (1.5+/- acres) designated areas to C -G; 14.5+/- acres located in the HDR (5.5+/- acres) and MHDR (3.8+/ - acres) designated areas to TN -C; 11.5+/- acres located in the MDR designated area to TN -R; and 13.23 acres located in the MDR designated area to R-8. A conceptual development plan was submitted that depicts a future street layout for the site consistent with the transportation plan for this area. However, no building pads, parking or future uses are shown on the plan. Residential uses at up to 8 dwelling units per acre are proposed to develop in the R-8 district. A minimum of 95 residential units are proposed in the TN -R district in addition to other uses as allowed in the zone; and a minimum of 300 residential units are proposed to develop in the C -G and/or TN -C zoned areas combined. Conceptual building elevations were not submitted, Future development of the site, including structures, should be consistent with the provisions of the UDC, the Meridian Design Manual, and the design elements contained in the TMISAP. Further details of these design elements are included in the proposed DA provisions listed in exhibit A.6. A multi -use pathway is required across this site connecting Peregrine Elementary to Ten Mile & Franklin Roads in accord with the Pathways Master Plan. Commission Recommendation: Approval a. Summary of Commission Public Hearing: i. In favor: Eric Davis; Becky McKay ii. In opposition: Jeanette Ockerman (speaking for group); Dennis Gerosin; Dawn Downum; Cinde Atwood; Ron Hohnstein; Jennifer Johnson; Margaret Moser; Christine Lambing; Steve Osburn; John Mabbutt; Doug Thompson; Angie McNulty iii. Commenting: Sarah Weekes iv. Written testimony: Jim Wolf; Gary & Kay Fors; Jeanette Ockerman; a petition signed by adjacent residents (in opposition of the high level of residential density & the access to Waltman Lane); Craig Downum; Dawn Downum; Sharon Osburn; Maggie Weeks; Margaret Moser; and Dave Dansereau. b. Key Issue(s) of Discussion by Commission: i. Traffic impacts on the adjacent rural residential neighborhood and roads at the southeast corner of the site; ii. Concern regarding the potential for 300 dwelling units to develop in the TN -C district vs. spread out over the TN -C and C- G districts (wording of DA provision #4.1.6 in Exhibit A.6); iii. Impact of additional residential dwellings in this area on the school system; and iv. The importance of creating a transition and compatible uses at an appropriate scale adjacent to existing residential properties. c. Key Commission Change(s) to Staff Recommendation: i. Modify conditions #4.1.4 & 4.1.6 as requested by the applicant as shown in Exhibit A.6. d. Outstanding Issue(s) for City Council: i. None Written Testimony since Commission Hearing: Gary & Kay Fors; Jeanette Ockerman w/petition Notes: Item #7E: Biltmore Subdivision (PP -14.004) Application(s): Preliminary Plat Size of property, existing zoning, and location: This site consists of 56.19 acres, is currently zoned R-4, and is located south of W. Victory Road and west of S. Meridian Road. History: This property was recently annexed with the Victory South "Category B" annexation. As a provision of Declaration of Consent to Annexation, this property is not allowed to receive development approval until such time at the property owner(s) and the City execute a DA. Summary of Request: The applicant proposes a preliminary plat consisting of 159 SFR building lots & 12 common/other lots on 56.19 acres of land in the R-4 zoning district. The minimum lot size proposed is 8,640 s.f. with an average lot size of 11,020 s.f. The gross density proposed is 2.83 dwelling units/acre consistent with the LDR FLUM designation for this site. There are 3 existing homes & accessory structures on this site that are proposed to be removed. Access is proposed on the plat via S. Kentucky Way, a collector street in Kentucky Ridge Estates subdivision to the north; from the east via S. Carbondale Place, a local street in Meridian Heights subdivision; and from the southeast via W. Harris Street, a collector street. Stub streets are proposed to the west & north for future extension and interconnectivity. An approximate 300' long section of the Williams pipeline (natural gas) crosses the SWC of the site within a 75 -foot wide easement. All development within this area shall comply with the Williams Gas Pipeline Developer's Handbook. An encroachment permit is required for any development/improvements within the pipeline easement. The Sundall lateral runs off-site along the west boundary of the site. The applicant proposes 10.2% (or 5.73 acres) of qualified open space on the site consisting of a 1.5 acre park, a 0.20 acre pocket park, subsurface drainage areas, pathways, street buffers along collector streets and parkways along local and collector streets in accord with UDC standards. A tot lot w/a play structure, a'% basketball court and a segment of the City's regional pathway system are proposed as amenities in accord w/UDC standards. The regional pathway is proposed along the SWC of the site within the pipeline easement. There are a couple of Blocks (4 & 5) that exceed the maximum block length standards. To mitigate the long blocks, Staff recommends pedestrian pathways are added centrally within these lots as allowed by the UDC to provide a more direct pedestrian access to the park. Commission Recommendation: Approval w/a DA a. Summary of Commission Public Hearing: ii. In favor: Becky McKay, Applicant's Representative iii. In opposition: Bill Hansen iv. Commenting: Tamara Hamilton; Val Hill; and Fred Tillman v. Written testimony: Becky McKay, Applicant's Representative; and Mark & Christine Freeman vi. Staff presenting application: Sonya Watters vii. Other staff commenting on application: Justin Lucas b. Key Issue(s) of Discussion by Commission: i. Traffic impacts on S. Kentucky Way; ii. The timing for a traffic signal at the Harris Street & Meridian Road intersection; and iii. Connection to S. Carbondale Place, the stub street/cul-de-sac in Meridian Heights Subdivision, at the northeast corner of the site. c. Key Commission Change(s) to Staff Recommendation: i. Modify condition #1.1.1 e to allow the existing home in phase 2 to remain until signature on the 2nd phase final plat by the City Engineer; ii. Modify condition #1.1.8 to allow for ditches to remain open if used as a water amenity or linear open space in accord with UDC 11 -3A -6A; iii. Add new conditions requiring the applicant to install a water main through the common lot required for the micropath in the vicinity of Lot 9, Block 9 to connect into the water main required in the proposed Revolution Ridge subdivision to the north; and include an easement on the plat for the water main (#1.1.2b & #2.1.4). d. Outstanding Issue(s) for City Council: i. None Written Testimony since Commission Hearing: Kentucky Ridge HOA DATE: Iflay 6, 2014 14►Tii11"I u Approve Minutes of April 15, 2014 City Council PreCouncil Meeting MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS i DATE: May • 1 ITEM NUMBER: r ITEM TITLE: MINUTES r Approve Minutes of April 15, 2014 City Council Meeting 11,1EETIVII3 VOTES �w Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS • • r ITEM TITLE: MINUTES Approve Minutes of April 22, 2014 City Council Meeting MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS DATE: May • 2014 ITEM NUMBER: 5D •a mg I] 4XV:UWAI, I M 0191el a [mg 11, &11 g Police Department: Dog Licensing Agreement Between the City of Meridian and The Pet Doctor MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS This DOG LICENSING DESIGNEE AGREEMENT is made this .';�"" day of 1 dt , 20( by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho, hereinafter referred to as "CITY," 33 East Broadway Avenue, Meridian, Idaho 83642, and hereinafter referred to as "LICENSING DESIGNEE," whose business address is A. Purpose of Agreement: The purpose of this Agreement is to set forth the rights and obligations of CITY and of LICENSING DESIGNEE with reference to LICENSING DESIGNEE's issuance of dog licenses on CITY's behalf. By entering into this agreement, both parties seek to: 1) encourage and facilitate the licensing of all dogs within the City of Meridian; and 2) implement the provisions of Meridian City Code section 6-2-3(H). B. Time of Performance: This agreement shall be effective from January 1, 2014 to December 31, 2014. C. Designation of authority: CITY hereby authorizes and empowers LICENSING DESIGNEE to issue dog licenses on behalf of CITY in accordance with all applicable provisions of Meridian City Code. D. Responsibilities of LICENSING DESIGNEE: 1. Issuance of dog licenses: LICENSING DESIGNEE shall issue dog licenses only after verification of compliance with all provisions of Meridian City Code section 6-2-3, including, but not limited to: a. Verification that any dog to be licensed has a valid rabies vaccination in accordance with Meridian City Code section 6-2-3(D). b. Verification that the owner of any dog to be licensed is eligible for the license fee sought to be paid, i. e., whether dog to be licensed is neutered or spayed; whether dog owner/user is visually or hearing impaired or disabled; whether dog owner is training such dog as seeing eye, hearing ear, or guide dog; and/or whether replacement license tag will indeed replace validly issued, lost tag. c. Collection of appropriate license fee. DOG LICENSING DESIGNEE AGREEMENT ® PAGE I OF 6 2. Official log: LICENSING DESIGNEE shall keep an official, monthly, written log of all dog licenses issued by LICENSING DESIGNEE on the form provided herewith entitled, "MONTHLY LOG — DOG LICENSES ISSUED BY LICENSING DESIGNEE: [MONTH & YEAR]" (hereinafter "monthly log"). If such form is lost or rendered unusable for any reason whatsoever, LICENSING DESIGNEE must keep a written record including: the serial numbers of the dog license tags provided by CITY for issuance by LICENSING DESIGNEE and shall also contain the following information as to each dog license issued by LICENSING DESIGNEE: a. date of issuance; b. dog license tag serial number; c. amount of license fee collected; d. amount of administrative fee collected; e. name, address, and telephone number of dog owner; f. description of dog to be licensed; g. verification of documentation demonstrating dog owner's compliance with all provisions of Meridian City Code section 6-2-3; and h. verification of eligibility of dog owner to pay license fee sought to be paid. 3. Administrative fee: CITY hereby authorizes LICENSING DESIGNEE to collect and keep an administrative fee of ten percent (10%) of the amount of each dog license fee collected on CITY's behalf. LICENSING DESIGNEE shall keep a record of dog license fees collected and administrative fees retained and shall report same to CITY in its annual report. 4. Monthly submission to City Clerk: At the end of each month during the term of this Agreement, LICENSING DESIGNEE shall submit to the Meridian City Cleric: a. All dog license fees collected by LICENSING DESIGNEE on CITY's behalf, and b. A true and correct copy of the LICENSING DESIGNEE's monthly log, completed in full. Such fees and log shall be submitted to the Meridian City Clerk no later than the fifteenth (15th) day of the month following the month for which the fees were collected and the monthly log completed. DOG LICENSING DESIGNEE AGREEMENT ® PAGE 2 OF 6 1.6" 5. Annual submission to City Clerk: No later than January 15, 20JA, LICENSING DESIGNEE shall submit to the Meridian City Clerk: a. All dog license tags provided by CITY to LICENSING DESIGNEE but unissued by LICENSING DESIGNEE; and b. An annual report, by completing in full the form provided herewith entitled, "ANNUAL REPORT — DOG LICENSES ISSUED BY LICENSING DESIGNEE." 6. Remission of discrepancy: If, following the Meridian City Clerk's monthly and/or annual review and accounting of LICENSING DESIGNEE's issuance of dog licenses as set forth in sections E(2) and E(3) of this Agreement, the Meridian City Clerk notifies LICENSING DESIGNEE of a discrepancy in fees collected and data reported by LICENSING DESIGNEE in the log or quantity of unissued tags, LICENSING DESIGNEE shall remit to CITY funds in the amount of such discrepancy. LICENSING DESIGNEE's obligation to remit to CITY funds in an amount corresponding to the number and type of dog licenses issued and the number of unissued dog license tags returned to CITY shall not be excused for any reason, regardless of LICENSING DESIGNEE's assertion of loss, theft, misplacement, mistake, or mismanagement of fees, tags, and/or data. E. Responsibilities of CITY: 01 Provision of dog license tags: CITY shall provide to LICENSING DESIGNEE � uantity dog license tags with the following serial numbers:—3 7z� which dog license tags are to be issued by LICENSING DESIGNEE only upon LICENSING DESIGNEE's verification of compliance with all provisions of Meridian City Code section 6-2-3. 2. Monthly accounting: Upon LICENSING DESIGNEE's monthly remittance to the Meridian City Clerk of all dog license fees collected by LICENSING DESIGNEE on behalf of CITY and the official monthly log kept by LICENSING DESIGNEE, the Meridian City Clerk shall conduct an accounting to determine that the fees remitted correspond to the number and type of dog license tags issued by the designee according to the designee's log. In the event of a discrepancy between the log, fees remitted, and/or unissued tags, the Meridian City Clerk shall notify LICENSING DESIGNEE in writing and LICENSING DESIGNEE shall remit to CITY funds in the amount of the discrepancy. 3. Annual accounting: Upon LICENSING DESIGNEE's remittance to the Meridian City Clerk of all dog license fees collected by LICENSING DESIGNEE, all official monthly DOG LICENSING DESIGNEE AGREEMENT ® PAGE 3 OF 6 logs kept by LICENSING DESIGNEE, unissued dog license tags, and LICENSING DESIGNEE's annual report, the Meridian City Clerk shall conduct an accounting to determine that the fees remitted correspond to the number and type of dog license tags issued by the designee according to the designee's logs. In the event of a discrepancy between the logs, fees remitted, and/or unissued tags, the Meridian City Clerk shall notify LICENSING DESIGNEE in writing and LICENSING DESIGNEE shall remit to CITY funds in the amount of the discrepancy. F. Vicious dog licenses: This Agreement shall not authorize LICENSING DESIGNEE to issue vicious dog licenses on behalf of CITY. G. Independent Contractor: In all matters pertaining to this agreement, LICENSING DESIGNEE shall be acting as an independent contractor, and neither LICENSING DESIGNEE nor any officer, employee or agent of LICENSING DESIGNEE will be deemed an employee of CITY. The selection and designation of the personnel of CITY in the performance of this agreement shall be made by CITY. H. Notices: Any and all notices required to be given by either of the parties hereto, unless otherwise stated in this agreement, shall be in writing and be deemed communicated when mailed in the United States mail, certified, return receipt requested, addressed to CITY as follows: City Clerk, City of Meridian, 33 E. Broadway Avenue, Meridian, Idaho 83642, or to LICENSING DESIGNEE as follows: Licensing Designee Name and Address Either party may change its address for the purpose of this paragraph by giving written notice of such change to the other in the manner herein provided. I. Attorney fees: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorneys' fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. J. Assignment: It is expressly agreed and understood by the parties hereto, that LICENSING DESIGNEE shall not have the right to assign, transfer, hypothecate, subcontract, or sell any of its rights or responsibilities under this Agreement except upon the prior express written consent of CITY. K. Discrimination Prohibited: In performing the Services set forth herein, LICENSING DESIGNEE shall not discriminate against any person on the basis of race, color, religion, sex, national origin or ancestry, age or disability. DOG LICENSING DESIGNEE AGREEMENT ® PAGE 4 OF 6 L. Deports and Information: At such times and in such forms as the CITY may require, there shall be furnished to the CITY such statements, records, reports, data and information as the CITY may request pertaining to matters covered by this Agreement. M. audits and Inspections: At any time during business hours and as often as the CITY may deem necessary, there shall be made available to the CITY for examination all of LICENSING DESIGNEE'S records with respect to all matters covered by this Agreement. N. Compliance with Laws: In performing the scope of services required hereunder, LICENSING DESIGNEE shall comply with all applicable laws, ordinances, and codes of Federal, State, and local governments. 0. Changes: Proposed changes to any portion of this Agreement shall be submitted in writing. The party to whom the change is proposed shall have thirty (30) days to accept or reject the proposed change. Changes which are mutually agreed upon by and between the CITY and LICENSING DESIGNEE shall be incorporated into this Agreement by written amendment signed by both parties. P. 'Termination: 1. Written notice: If, through any cause, LICENSING DESIGNEE, its officers, employees, or agents fails to fulfill in a timely and proper manner its obligations under this Agreement, violates any of the covenants, agreements, or stipulations of this Agreement, falsifies any record or document required to be prepared under this agreement, engages in fraud, dishonesty, or any other act of misconduct in the performance of this contract, or if the Meridian City Council determines that termination of this Agreement is in the best interest of CITY, the CITY shall thereupon have the right to terminate this Agreement by giving LICENSING DESIGNEE at least fifteen (15) calendar days written notice. LICENSING DESIGNEE may terminate this agreement at any time by giving at least fifteen (15) calendar days written notice to CITY. 2. Remittance to CITY: In the event of any termination of this Agreement, all finished or documents, data, and reports prepared by LICENSING DESIGNEE pursuant to Meridian City Code and/or under this Agreement, completed or incomplete, shall, at the option of the CITY, become its property, and LICENSING DESIGNEE shall remit to CITY all licensing fees collected by LICENSING DESIGNEE on CITY's behalf and all unissued dog license tags. Upon such remittance following termination, the Meridian City Clerk shall conduct an accounting(s) as set forth in sections E(2) and E(3) of this Agreement, and LICENSING DESIGNEE shall remit to CITY funds in the amount of the discrepancy. LICENSING DESIGNEE shall not thereby be relieved of liability to the CITY for damages sustained by the CITY by virtue of any breach of this Agreement by LICENSING DESIGNEE. This provision shall survive the termination of this agreement and shall not relieve LICENSING DESIGNEE of its liability to the CITY for damages. DOG LICENSING DESIGNEE AGREEMENT ® PAGE 5 OF 6 Q. Construction and severability: If any part of this Agreement is held to be invalid or unenforceable, such holding will not affect the validity or enforceability of any other part of this Agreement so long as the remainder of the Agreement is reasonably capable of completion. R. Entire agreement: This Agreement contains the entire agreement of the parties and supersedes any and all other agreements or understandings, oral or written, whether previous to the execution hereof or contemporaneous herewith. S. Applicable law: This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Idaho, and the ordinances of the City of Meridian. T. Approval required: This Agreement shall not become effective or binding until approved by CITY, LICENSING DESIGNEE: Signature BY: 59LLIe Print Name - � t BY:� TAMMY deWEERD, MAYOR r' Attest: l S �y C� w a J CITY CLERK° r t',ml } ` x r„�natr DOG LICENSING DESIGNEE AGREEMENT 0 PAGE 6 OF 6 Al III I A • • DATE: May • 2014 PROJECT NUMBER: ITEM TITLE: AWARD OF -ARCHITECTS Award of Agreement for "Architectural and Engineering Design Services - Storey Park Development" to Insight Architects for the Not -To -Exceed amount of $89,390.00. MEETIVG VOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS FIS To: Jaycee Holman, City Clerk From: Keith Watts, Purchasing Manager : Jacy Jones Date: 5/1/14 Re: May 6 City Council Meeting The Purchasing Department respectfully requests that the following item be placed on the May 6t' City Council Consent Agenda. Desiqn Contract for "Architectural and Engineering Desiqn Services — Storey Park Development" to Insight Architects for the Not -To -Exceed amount of $89,390.00. This agreement is the result of formal solicitation #PKS-14-10122.G. Recommended Council Action: Approval of agreement to Insight Architects for design services for the Not -To -Exceed amount of $89,390.00. Thank you for your consideration. 0 Page 1 City of Meridian STOREY PARK DEVELOPMENT ARCHITECTURAL AND ENGINEERING DESIGN SERVICES SELECTION RFQ NUMBER: PKS-14-10122.6 DUE DATE & TIME: Feb 21, 2014 4:00 p.m. VENDOR SELECTION: (in order) 1 Insight Architects 2 The Land Group, Inc. 3 CSHQA 4 CTA, Inc. 5 Cole Architects Date Posted: 4-4-2014 liskezAIA Document ®. r,f- Standard --o of Ay, ]I . , y,. Between i,,A, ! nad .fix Construction Adviser t L , AGREEMENT made as of the 30 day of April in the year 2011 This document Is intended to be used (Irl iiwrds, indicate rfrry, monlh ami vear.) ADDITIONS AND DELETIONS: Storey Park Development The author of this document has BETWEEN the Architect's client identified as the Owner: added information needed for its (Name, legal status, address and other iglbrincltiun,) completion, The author may also Development of a Dog Park located u1 Storey Park, The project consists of a new vehicle have revised the text of the original City of Meridian AIA standard form, An Additions and 33 East Broadway Avenue I ipfinnr RPnortthat notes added Meridian, IIS 83642 information as well as revisions to the Telephone Number: 208-888-4433 standard form text is available from Fax Number; 208-887-4813 the author and should be reviewed. A [freizenbeck, UC dba Kreizenbeck CcnsU uctors vertical line in the left margin of this and the Architect: document indicates where the author (Name, legal siatits, address and other infornlation) has added necessary information Telephone Number: 208-336-9500 and where the author has added to or INSIGHT architects, p.a. deleted from the original AIA text, 2238 Broadway Avenue This document has important legal Boise, iD 83706 consequences. Consultation with an Telephone Number: 208-338-9080 attorney is encouraged with tespect Fax Number. NA to its completion or modification, for the following Project: This document Is intended to be used (Name, location and detailed deseril)lion) in conjunction with AIA Documents A132 -M-2009, Standard Form of Storey Park Development Agreement Between Owner and City of Meridian Parks Contractor, Construction Manager as Meridian, Idaho Adviser Edition; A232T11-2009, Development of a Dog Park located u1 Storey Park, The project consists of a new vehicle General Conditions of the Contract park access and parking, utility extensions, comfort station, dog park entries and amenities, for Construction, Construction and landscaping improvements. Manager as Adviser Edition: and 0132114-2009, Standard Form of The construction Manager: Agreement Between Owner and (Ncune, legai staves, achiress and other Mibi' Cation) Construction Manager as Adviser. [freizenbeck, UC dba Kreizenbeck CcnsU uctors AIA Document A232TA-2009 is adopted in this document by 11724 West Executive Drive reference. Do not use with other Boise, ID 83713 general conditions unless this Telephone Number: 208-336-9500 document is modified. Fax Number: 208-336-7444 The Owner and Architect agree as follows, AIA Document B132TM - 2008 (formerly 13141 TMCMa -1992). Copyright 01992 and 2009 by The American Institute: of Architects. All rights reserved. Init, WARNING! This AIA` Document is protected by U.S, Copyright Law and international Treatiea. tlusutlurrizer! reproduction or distribution of this AIA` � Document, or any portion of it, may result In severe civil And crlmina€ penalties, and will be prosecuted to the m aximuur extent possible under the law, t This docurnenl was produced by AIA software at 18:40;38 on 0413012014 under Order No,9424191773_1 which expires on 03131/2015, and is not for resale. User Notes: (1984389750) TABLE OF ARTICLES 1 INITIAL INFORMATION 2 ARCHITECT'S RESPONSIBILITIES 3 SCOPE OF ARCHITECT'S BASIC SERVICES 4 ADDITIONAL SERVICES 5 OWNER'S RESPONSIBILITIES 6 COST OF THE WORK 7 COPYRIGHTS AND LICENSES 8 CLAIMS AND DISPUTES 9 TERMINATION OR SUSPENSION 10 MISCELLANEOUS PROVISIONS 11 COMPENSATION 12 SPECIAL TERMS AND CONDITIONS 13 SCOPE OF THE AGREEMENT ARTICLE 1 INITIAL INFORMATION § 1.1 This Agreement is based on the Initial Information set forth in this Section 1.1. (Note the dispositionfor the following items by inserting the requested information or a statement such as 'Snot applicable, " "unknown at time of execution" or "to be determined later by mutual agreement.') § 1.1.1 The Owner's program for the Project: (Identify documentation or• state the manner in which the program will be developed.) See Attachment 'A' § 1.1.2 The Project's physical characteristics: (Idents, or describe, if appropriate, size, location, dimensions, or other pertinent information, such as geotechnical reports; site, boundary and topographic surveys; traffic and utility studies; availability of public and private utilities and services; legal description of the site; etc.) NA § 1.1.3 The Owner's budget for the Cost of the Work, as defined in Section 6.1: (Provide total and, if known, a line item breakdown.) $1,455,000.00 § 1.1.4 The Owner's anticipated design and construction schedule: .1 Design phase milestone dates, if any: To be determined .2 Commencement of construction: AIA Document B132Tm — 2009 (formerly B141 T'"CMa —1992). Copyright ©1992 and 2009 by The American Institute of Architects. All rights reserved. Init. WARNSNG: This Ale Document is protected by U.S. Copyright Law and international 'Treaties. Unauthorized reproduction or distribution of this A.€A0 2 Document, or any portion of it, may result in severe civil and criminal pena€t¢es, and will be prosecuted to the maximum extent possible sander the law. t This document was produced by AIA software at 16:40:38 on 04/30/2014 under Order No.9424191773_1 which expires on 03/31/2015, and is not for resale. User Notes: (1984389750) To be determined .3 Substantial Completion date or milestone dates: To be determined .4 Other: To be determined § 1.1.5 The Owner intends to retain a Construction Manager adviser and: (Note that, if Multiple Prime Contractors are used, the term "Contractor" as referred to throughout this Agreement will be as if plural in number.) [ ] One Contractor [ ] Multiple Prime Contractors X Unknown at time of execution § 1.1.6 The Owner's requirements for accelerated or fast-track scheduling, multiple bid packages, or phased construction are set forth below: (List number and type of bid/procurement packages.) NA § 1.1.7 Other Project information: (Idents special characteristics or needs of the Project not provided elsewhere, such as environmentally responsible design or historic preservation requirements.) None identified at time of execution § 1.1.8 The Owner identifies the following representative in accordance with Section 5.4: (List name, address and other information.) Mike Barton City of Meridian 33 East Broadway Avenue Meridian, ID 83642 Telephone: 208-888-4433 § 1.1.9 The persons or entities, in addition to the Owner's representative, who are required to review the Architect's submittals to the Owner are as follows: (List name, address and other information.) NA § 1.1.10 The Owner will retain the following consultants: (List name, legal status, address and other information.) .1 Construction Manager: The Construction Manager is identified on the cover page. If a Construction Manager has not been retained as of the date of this Agreement, state the anticipated date of retention: NA .2 Cost Consultant (if in addition to the Construction Manager): (If a Cost Consultant is retained, appropriate references to the Cost Consultant should be inserted in Sections 3.2.6, 3.2.7, 3.3.2, 3.3.3, 3.4.5, 3.4.6, 5.4, 6.3, 6.3.1, 6.4 and 11. 6) AIA Document B132 TM — 2009 (formerly B141 TMCMa —1992). Copyright ©1992 and 2009 by The American Institute of Architects. All rights reserved. [nit. WARNING: This AIA' Document is protected by U.S. Copyright taw and International Treaties. Unauthorized reproduction or distribution of this AlA 3 Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible tinder the law. t This document was produced by AIA software at 16:40:38 on 04/30/2014 under Order No.9424191773_1 which expires on 03/31/2015, and is not for resale. User Notes: (1984389750) NA .3 Land Surveyor: NA .4 Geotechnical Engineer: NA .5 Civil Engineer: NA .6 Other consultants: (List any other consultants retained by the Otnner, such as a Project or Program Manager, or scheduling consultant.) NA § 1.1.11 The Architect identifies the following representative in accordance with Section 23: (List name, address and other information.) Dana Kauffinan INSIGHT Architects, p.a. 2238 Broadway Avenue Boise, ID 83706 Telephone: 208-338-9080 § 1.1.12 The Architect will retain the consultants identified in Sections 1.1.12.1 and 1.1.12.2: (List name, legal status, address and other information.) § 1.1.12.1 Consultants retained under Basic Services: .1 Structural Engineer: AHJ Engineers P.C. 5418 N. Eagle Road #140 Boise, Idaho 83713 Telephone: 208-323-0199 .2 Mechanical Engineer: Musgrove Engineering PA 234 S. Whisperwood Way Boise, ID 83709 Telephone: 208-384-0585 .3 Electrical Engineer: Musgrove Engineering PA 234 S. Whisperwood Way Boise, ID 83709 Telephone: 208-384-0585 .4 Landscape Architect Jensen Belts 495 Main Sheet Boise, Idaho 83702 Telephone: 208-343-7175 AIA Document 13132 TM — 2009 (formerly B141 TMCMa —1992). Copyright ©1992 and 2009 by The American Institute of Architects. All rights reserved. Init. WARMNC: This Ale document is protected by U.S. Copyright Law and Internaflonal Treaties. Unauthorized reproduction or distribution of this AiA- 4 Document, or any portion of it, may result in severe civil and eriimirn l penalties, and will be prosecuted to the maximum extent possible underff€e iaw. t This document was produced by AIA software at 16:40:38 on 04/30/2014 under Order No.9424191773_1 which expires on 03/31/2015, and is not for resale. User Notes: (1984389750) .5 Civil Engineer Erickson Civil 6213 N Cloverdale Road Suite #125 Boise, Idaho 83713 Telephone: 208-846-8955 § 1.1.12.2 Consultants retained under Additional Services: NA § 1.1.13 Other Initial Information on which the Agreement is based: NA § 1.2 The Owner and Architect may rely on the Initial Information. Both parties, however, recognize that such information may materially change and, in that event, the Owner and the Architect shall appropriately adjust the schedule, the Architect's services and the Architect's compensation. ARTICLE 2 ARCHITECT'S RESPONSIBILITIES § 2.1 The Architect shall provide the professional services as set forth in this Agreement. § 2.2 The Architect shall perform its services consistent with the professional skill and care ordinarily provided by architects practicing in the same or similar locality under the same or similar circumstances. The Architect shall perform its services as expeditiously as is consistent with such professional skill and care and the orderly progress of the Project. § 2.3 The Architect shall provide its services in conjunction with the services of a Construction Manager as described in AIA Document C 132TM-2009, Standard Form of Agreement Between Owner and Construction Manager. The Architect shall not be responsible for actions taken by the Construction Manager. § 2.4 The Architect shall identify a representative authorized to act on behalf of the Architect with respect to the Project. § 2.5 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. § 2.6 The Architect shall maintain the following insurance for the duration of this Agreement. If any of the requirements set forth below exceed the types and limits the Architect normally maintains, the Owner shall reimburse the Architect for any additional cost. § 2.6.1 Comprehensive General Liability with policy limits of not less than Two Million ($ 2,000,000.00 ) for each occurrence and in the aggregate for bodily injury and property damage. § 2.6.2 Automobile Liability covering owned and rented vehicles operated by the Architect with policy limits of not less than One Million ($ 1,000,000.00 ) combined single limit and aggregate for bodily injury and property damage. § 2.6.3 The Architect may use umbrella or excess liability insurance to achieve the required coverage for Comprehensive General Liability and Automobile Liability, provided that such umbrella or excess insurance results in the same type of coverage as required for the individual policies. § 2.6.4 Workers' Compensation at statutory limits and Employers Liability with a policy limit of not less than (Arnount required by state statute). AIA Document B132 TM — 2009 (formerly B141 TMCMa —1992). Copyright ©1992 and 2009 by The American Institute of Architects. All rights reserved. Init. WARMNG: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AiA" 5 Document, or any portion of it, rnay result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 16:40:38 on 04/30/2014 under Order No.9424191773_1 which expires on 03/31/2015, and is not for resale. User Notes: (1984389750) § 2.6.5 Professional Liability covering the Architect's negligent acts, errors and omissions in its performance of professional services with policy limits of not less than One Million ($ 1,000,000 ) per claim and in the aggregate. § 2.6.6 The Architect shall provide to the Owner certificates of insurance evidencing compliance with the requirements in this Section 2.6. The certificates will show the Owner as an additional insured on the Comprehensive General Liability, Automobile Liability, umbrella or excess policies. ARTICLE 3 SCOPE OF ARCHITECT'S BASIC SERVICES § 3.1 The Architect's Basic Services consist of those described in Article 3 and include usual and customary structural, mechanical, and electrical engineering services. Services not set forth in this Article 3 are Additional Services. § 3.1.1 The Architect shall manage the Architect's services, consult with the Owner and the Construction Manager, research applicable design criteria, attend Project meetings, communicate with members of the Project team and report progress to the Owner. § 3.1.2 The Architect shall coordinate its services with those services provided by the Owner, the Construction Manager and the Owner's other consultants. The Architect shall be entitled to rely on the accuracy and completeness of services and information furnished by the Owner, the Construction Manager, and the Owner's other consultants. The Architect shall provide prompt written notice to the Owner if the Architect becomes aware of any error, omission or inconsistency in such services or information. § 3.1.3 As soon as practicable after the date of this Agreement, the Architect shall submit to the Owner and the Construction Manager a schedule of the Architect's services for inclusion in the Project schedule prepared by the Construction Manager. The schedule of the Architect's services shall include design milestone dates, anticipated dates when cost estimates or design reviews may occur, and allowances for periods of time required (1) for the Owner's review, (2) for the Construction Manager's review, (3) for the performance of the Owner's consultants, and (4) for approval of submissions by authorities having jurisdiction over the Project. § 3.1.4 The Architect shall submit information to the Construction Manager and participate in developing and revising the Project schedule as it relates to the Architect's services. § 3.1.5 Once the Owner and the Architect agree to the time limits established by the Project schedule, the Owner and the Architect shall not exceed them, except for reasonable cause. § 3.1.6 The Architect shall not be responsible for an Owner's directive or substitution, or for the Owner's acceptance of non -conforming Work, made without the Architect's approval. § 3.1.7 The Architect shall, at appropriate times, in coordination with the Construction Manager, contact the govermnental authorities required to approve the Construction Documents and the entities providing utility services to the Project. In designing the Project, the Architect shall respond to applicable design requirements imposed by such governmental authorities and by such entities providing utility services. § 3.1.8 The Architect shall assist the Owner and Construction Manager in connection with the Owner's responsibility for filing documents required for the approval of governmental authorities having jurisdiction over the Project. § 3.2 Schematic Design Phase Services § 3.2.1 The Architect shall review the program and other information furnished by the Owner and Construction Manager, and shall review laws, codes, and regulations applicable to the Architect's services. § 3.2.2 The Architect shall prepare a preliminary evaluation of the Owner's program, schedule, budget for the Cost of the Work, Project site, and the proposed procurement or delivery method and other Initial Information, each in terms of the other, to ascertain the requirements of the Project. The Architect shall notify the Owner of (1) any inconsistencies discovered in the information, and (2) other information or consulting services that may be reasonably needed for the Project. Init. AIA Document B132 TM — 2009 (formerly B141 T"MCMa —1992). Copyright ©1992 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This AIA' Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of ;his AM" 6 Document, or any portion of :t, may result in severe civil and criminal penalties, and wall be prosecuted to the maximum extent possible under the law. If This document was produced by AIA software at 16:40:38 on 04/30/2014 under Order No.9424191773_1 which expires on 03/31/2015, and is not for resale. User Notes: (1984389750) § 3.2.3 The Architect shall present its preliminary evaluation to the Owner and Construction Manager and shall discuss with the Owner and Construction Manager alternative approaches to design and construction of the Project, including the feasibility of incorporating environmentally responsible design approaches. The Architect shall reach an understanding with the Owner regarding the requirements of the Project. § 3.2.4 Based on the Project requirements agreed upon with the Owner, the Architect shall prepare and present to the Owner and Construction Manager, for the Owner's approval, a preliminary design illustrating the scale and relationship of the Project components. § 3.2.5 Based on the Owner's approval of the preliminary design, the Architect shall prepare Schematic Design Documents for the Owner's approval and the Construction Manager's review. The Schematic Design Documents shall consist of drawings and other documents including a site plan, if appropriate, and preliminary building plans, sections and elevations; and may include some combination of study models, perspective sketches, or digital modeling. Preliminary selections of major building systems and construction materials shall be noted on the drawings or described in writing. § 3.2.5.1 The Architect shall consider environmentally responsible design alternatives, such as material choices and building orientation, together with other considerations based on program and aesthetics, in developing a design that is consistent with the Owner's program, schedule and budget for the Cost of the Work. The Owner may obtain other environmentally responsible design services under Article 4. § 3.2.5.2 The Architect shall consider with the Owner and the Construction Manager the value of alternative materials, building systems and equipment, together with other considerations based on program and aesthetics in developing a design for the Project that is consistent with the Owner's schedule and budget for the Cost of the Work. § 3.2.6 The Architect shall submit the Schematic Design Documents to the Owner and the Construction Manager. The Architect shall meet with the Construction Manager to review the Schematic Design Documents. § 3.2.7 Upon receipt of the Construction Manager's review comments and cost estimate at the conclusion of the Schematic Design Phase, the Architect shall take action as required under Section 6.4, identify agreed upon adjustments to the Project's size, quality or budget, and request the Owner's approval of the Schematic Design Documents. If revisions to the Schematic Design Documents are required to comply with the Owner's budget for the Cost of the Work at the conclusion of the Schematic Design Phase, the Architect shall incorporate the required revisions in the Design Development Phase. § 3.2.8 In the further development of the Drawings and Specifications during this and subsequent phases of design, the Architect shall be entitled to rely on the accuracy of the estimates of the Cost of the Work, which are to be provided by the Construction Manager under the Construction Manager's agreement with the Owner. § 3.3 Design Development Phase Services § 3.3.1 Based on the Owner's approval of the Schematic Design Documents, and on the Owner's authorization of any adjustments in the Project requirements and the budget for the Cost of the Work pursuant to Section 5.4, the Architect shall prepare Design Development Documents for the Owner's approval and the Construction Manager's review. The Design Development Documents shall be based upon information provided, and estimates prepared by, the Construction Manager and shall illustrate and describe the development of the approved Schematic Design Documents and shall consist of drawings and other documents including plans, sections, elevations, typical construction details, and diagrammatic layouts of building systems to fix and describe the size and character of the Project as to architectural, structural, mechanical and electrical systems, and such other elements as may be appropriate. The Design Development Documents shall also include outline specifications that identify major materials and systems and establish in general their quality levels. § 3.3.2 Prior to the conclusion of the Design Development Phase, the Architect shall submit the Design Development Documents to the Owner and the Construction Manager. The Architect shall meet with the Construction Manager to review the Design Development Documents. Init. AIA Document B132T1' — 2009 (formerly 8141 TMCMa — 1992). Copyright ©1992 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This AIA' Document is protected by U,S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this Me 7 Document, or any portion of if, may result in severe civil and criminal penalties, and wil9 be prosecuted to the maximum extent possible under the Saw, This document was produced by AIA software at 16:40:38 on 04/30/2014 under Order No.9424191773_1 which expires on 03/31/2015, and is not for resale. User Notes: (1984389750) § 3.3.3 Upon receipt of the Construction Manager's information and estimate at the conclusion of the Design Development Phase, the Architect shall take action as required under Sections 6.5 and 6.6 and request the Owner's approval of the Design Development Documents. § 3.4 Construction Documents Phase Services § 3.4.1 Based on the Owner's approval of the Design Development Documents, and on the Owner's authorization of any adjustments in the Project requirements and the budget for the Cost of the Work, the Architect shall prepare Construction Documents for the Owner's approval and the Construction Manager's review. The Construction Documents shall illustrate and describe the further development of the approved Design Development Documents and shall consist of Drawings and Specifications setting forth in detail the quality levels of materials and systems and other requirements for the construction of the Work. The Owner and Architect acknowledge that in order to construct the Work the Contactor will provide additional information, including Shop Drawings, Product Data, Samples and other similar submittals, which the Architect shall review in accordance with Section 3.6.4. § 3.4.2 The Architect shall incorporate into the Construction Documents the design requirements of governmental authorities having jurisdiction over the Project. § 3.4.3 During the development of the Construction Documents, if requested by the Owner, the Architect shall assist the Owner and the Construction Manager in the development and preparation of (1) bidding and procurement information that describes the time, place and conditions of bidding, including bidding or proposal forms; (2) the form of agreement between the Owner and Contactor; and (3) the Conditions of the Contact for Construction (General, Supplementary and other Conditions); and (4) compile a project manual that includes the Conditions of the Contact for Construction and may include bidding requirements and sample forms. § 3.4.4 Prior to the conclusion of the Construction Documents Phase, the Architect shall submit the Construction Documents to the Owner and the Construction Manager. The Architect shall meet with the Construction Manager to review the Construction Documents. § 3.4.5 Upon receipt of the Construction Manager's information and estimate at the conclusion of the Construction Documents Phase, the Architect shall take action as required under Section 6.7 and request the Owner's approval of the Construction Documents. § 3.5 Bidding or Negotiation Phase Services § 3.5.1 General The Architect shall assist the Owner and Construction Manager in establishing a list of prospective contactors. Following the Owner's approval of the Construction Documents, the Architect shall assist the Owner and Construction Manager in (1) obtaining either competitive bids or negotiated proposals; (2) confirming responsiveness of bids or proposals; (3) determining the successful bid or proposal, if any; and (4) awarding and preparing contacts for construction. § 3.5.2 Competitive Bidding § 3.5.2.1 Bidding Documents shall consist of bidding requirements and proposed Contract Documents. § 3.5.2.2 The Architect shall assist the Owner and Construction Manager in bidding the Project by .1 facilitating the reproduction of Bidding Documents for distribution to prospective bidders, .2 participating in a pre-bid conference for prospective bidders, and .3 preparing responses to questions fi•om prospective bidders and providing clarifications and interpretations of the Bidding Documents in the form of addenda. § 3.5.2.3 The Architect shall consider requests for substitutions, if the Bidding Documents permit substitutions, and shall consult with the Construction Manager and prepare and distribute addenda identifying approved substitutions to all prospective bidders. § 3.5.3 Negotiated Proposals § 3.5.3.1 Proposal Documents shall consist of proposal requirements, and proposed Contact Documents. § 3.5.3.2 The Architect shall assist the Owner and Construction Manager hi obtaining proposals by Init. AIA Document B132 T1.1 — 2009 (formerly B141 TMCMa —1992). Copyright ©1992 and 2009 by The American Institute of Architects. All rights reserved. wARNINC: This AIA"`' Document is protected by U.S. Copyright Law and International Treatises, Unauthorized reproduction or distribution of this AIA" 8 Document, or any portion of it, may result in severe civil and croninal penalties, and will be prosecuted to the maximum extent possible under the law, This document was produced by AIA software at 16:40:38 on 04/30/2014 under Order No.9424191773_1 which expires on 03/31/2015, and is not for resale. User Notes: (1984389750) .1 facilitating the reproduction of Proposal Documents for distribution to prospective contractors, and requesting their return upon completion of the negotiation process; .2 participating in selection interviews with prospective contractors; and .3 participating in negotiations with prospective contractors. § 3.5.3.3 The Architect shall consider requests for substitutions, if the Proposal Documents permit substitutions, and shall consult with the Construction Manager and prepare and distribute addenda identifying approved substitutions to all prospective contractors. § 3.6 Construction Phase Services § 3.6.1 General § 3.6.1.1 The Architect shall provide administration of the Contract between the Owner and the Contractor as set forth below and in AIA Document A232TM-2009, General Conditions of the Contract for Construction, Construction Manager as Adviser Edition. If the Owner and Contractor modify AIA Document A232-2009, those modifications shall not affect the Architect's services under this Agreement unless the Owner and the Architect amend this Agreement. § 3.6.1.2 The Architect shall advise and consult with the Owner and Construction Manager during the Construction Phase Services. The Architect shall have authority to act on behalf of the Owner only to the extent provided in this Agreement. The Architect shall not have control over, charge of, or responsibility for the construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work, nor shall the Architect 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 Construction Manager, or the Contractor or of any other persons or entities performing portions of the Work. § 3.6.1.3 Subject to Section 4.3, the Architect's responsibility to provide Construction Phase Services commences with the award of the Contract for Construction and terminates on the date the Architect issues the final Certificate for Payment. § 3.6.2 Evaluations of the Work § 3.6.2.1 The Architect shall visit the site at intervals appropriate to the stage of construction, or as otherwise required in Section 4.3.3, to become generally familiar with the progress and quality of the portion of the Work completed, and to determine, in general, if the Work observed 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. On the basis of the site visits, the Architect shall keep the Owner reasonably informed about the progress and quality of the portion of the Work completed, and report to the Owner and the Construction Manager (1) known deviations fi-om the Contract Documents and from the most recent construction schedule, and (2) defects and deficiencies observed in the Work. § 3.6.2.2 The Architect has the authority to reject Work that does not conform to the Contract Documents and shall notify the Construction Manager about the rejection. Whenever the Architect considers it necessary or advisable, the Architect, upon written authorization from the Owner and notification to the Construction Manager, shall have the 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. § 3.6.2.3 The Architect shall interpret and decide matters concerning performance under, and requirements of, the Contract Documents on written request of the Construction Manager, Owner, or Contractor through the Construction Manager. The Architect's response to such requests shall be made in writing within any time limits agreed upon or otherwise with reasonable promptness. § 3.6.2.4 Interpretations and decisions of the Architect shall be consistent with the intent of and reasonably inferable from the Contract Documents and shall be in writing or in the form of drawings. When making such interpretations and decisions, the Architect shall endeavor to secure faithful performance by both Owner and Contractor, shall not Init. AIA Document B132 TM —2009 (formerly B141 T11CMa — 1992). Copyright ©1992 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This AIA" Document is protected by U.& Copyright Law and International Treaties, Unauthorized reproduction or distribution of this Ale 9 Document, or any portion of it, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 16:40:38 on 04/30/2014 under Order No.9424191773_1 which expires on 03/31/2015, and is not for resale. User Notes: (1984389750) show partiality to either, and shall not be liable for results of interpretations or decisions rendered in good faith. The Architect's decisions on matters relating to aesthetic effect shall be final if consistent with the intent expressed in the Contract Documents. § 3.6.2.5 Unless the Owner and Contractor designate another person to serve as an Initial Decision Maker, as that team is defined in AIA Document A232-2009, the Architect shall render initial decisions on Claims between the Owner and Contractor as provided in the Contract Documents. § 3.6.3 Certificates for Payment to Contractor § 3.6.3.1 The Architect shall review and certify an application for payment not more frequently than monthly. Within seven days after the Architect receives an application for payment forwarded fi•om the Construction Manager, the Architect shall review and certify the application as follows: .1 Where there is only one Contractor responsible for performing the Work, the Architect shall review the Contractor's Application and Certificate for Payment that the Construction Manager has previously reviewed and certified. The Architect shall certify the amount due the Contractor and shall issue a Certificate for Payment in such amount. .2 Where there are Multiple Prune Contractors responsible for performing different portions of the Project, the Architect shall review a Project Application and Project Certificate for Payment, with a Summary of Contractors' Applications for Payment, that the Construction Manager has previously prepared, reviewed and certified. The Architect shall certify the amounts due the Contactors and shall issue a Project Certificate for Payment in the total of such amounts. § 3.6.3.2 The Architect's certification for payment shall constitute a representation to the Owner, based on (1) the Architect's evaluation of the Work as provided in Section 3.6.2, (2) the data comprising the Contractor's Application for Payment or the data comprising the Project Application for Payment, and (3) the recommendation of the Construction Manager, that, to the best of the Architect's knowledge, information and belief, the Work has progressed to the point indicated and that the quality of the Work is in accordance with the Contact Documents. The foregoing representations are subject (1) to an evaluation of the Work for conformance with the Contact Documents upon Substantial Completion, (2) to results of subsequent 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. § 3.6.3.3 The issuance of a Certificate for Payment or a Project Certificate for Payment shall not be a representation that the Architect has (1) made exhaustive or continuous on-site inspections to check the quality or quantity of the Work, (2) reviewed construction means, methods, techniques, sequences or procedures, (3) reviewed copies of requisitions received from Subcontractors and material suppliers and other data requested by the Owner to substantiate the Contractor's right to payment, or (4) ascertained how or for what purpose the Contractor has used money previously paid on account of the Contact Sum. § 3.6.3.4 The Architect shall maintain a record of the applications and certificates for payment. § 3.6.4 Submittals § 3.6.4.1 The Architect shall review the Construction Manager's Project submittal schedule and shall not unreasonably delay or withhold approval. The Architect's action in reviewing submittals transmitted by the Construction Manager shall be taken in accordance with the approved submittal schedule or, in the absence of an approved submittal schedule, with reasonable promptness while allowing sufficient time in the Architect's professional judgment to permit adequate review. § 3.6.4.2 In accordance with the Architect -approved Project submittal schedule, and after the Construction Manager reviews, approves and transmits the submittals, the Architect shall review and approve or take other appropriate action upon the Contractor's submittals such as Shop Drawings, Product Data and Samples, but only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contact Documents. Review of such submittals is not for the purpose of determining the accuracy and completeness of other information such as dimensions, quantities, and installation or performance of equipment or systems, which are the Contractor's responsibility. The Architect's review shall not constitute approval of safety precautions or, unless otherwise specifically stated by the Architect, of any construction means, methods, techniques, sequences or procedures. The Architect's approval of a specific item shall not indicate approval of an assembly of which the item is a component. AIA Document B1 32T11 — 2009 (formerly B141 TMCMa —1992). Copyright ©1992 and 2009 by The American Institute of Architects. All rights reserved. Init. WARNINGThis Ale Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIAO 10 Document, or any portion of it, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible ;ander the law. This document was produced by AIA software at 16:40:38 on 04/30/2014 under Order No.9424191773_1 which expires on 03/31/2015, and is not for resale. User Notes: (1984389750) § 3.6.4.3 If the Contract Documents specifically require the Contractor to provide professional design services or certifications by a design professional related to systems, materials or equipment, the Architect shall specify the appropriate performance and design criteria that such services must satisfy. The Architect shall review shop drawings and other submittals related to the Work designed or certified by the design professional retained by the Contractor that bear such professional's seal and signature when submitted to the Architect. The Architect shall be entitled to rely upon the adequacy, accuracy and completeness of the services, certifications and approvals performed or provided by such design professionals. § 3.6.4.4 After receipt of the Construction Manager's recommendations, and subject to the provisions of Section 4.3, the Architect shall review and respond to requests for information about the Contract Documents. The Architect, in consultation with the Construction Manager, shall set forth in the Contact Documents the requirements for requests for information. Requests for information shall include, at a minimum, a detailed written statement that indicates the specific Drawings or Specifications in need of clarification and the nature of the clarification requested. The Architect's response to such requests shall be made in writing within any time limits agreed upon, or otherwise with reasonable promptness. If appropriate, the Architect shall prepare and issue supplemental Drawings and Specifications in response to requests for information. § 3.6.4.5 The Architect shall maintain a record of submittals and copies of submittals transmitted by the Construction Manager in accordance with the requirements of the Contract Documents. § 3.6.5 Changes in the Work § 3.6.5.1 The Architect shall review and sign, or take other appropriate action, on Change Orders and Construction Change Directives prepared by the Construction Manager for the Owner's approval and execution in accordance with the Contract Documents. § 3.6.5.2 The Architect may authorize minor changes in the Work that are consistent with the intent of the Contract Documents and do not involve an adjustment in the Contract Sum or an extension of the Contract Time. Such changes shall be effected by written order issued by the Architect through the Construction Manager. § 3.6.5.3 The Architect shall maintain records relative to changes in the Work. § 3.6.6 Project Completion § 3.6.6.1 The Architect, assisted by the Construction Manager, shall conduct inspections to determine the date or dates of Substantial Completion and the date of final completion; issue Certificates of Substantial Completion prepared by the Construction Manager; receive fi-om the Construction Manager and review written warranties and related documents required by the Contract Documents and assembled by the Contractor; and, after receipt of a final Contractor's Application and Certificate for Payment or a final Project Application and Project Certificate for Payment from the Construction Manager, issue a final Certificate for Payment based upon a final inspection indicating the Work complies with the requirements of the Contract Documents. § 3.6.6.2 The Architect's inspections shall be conducted with the Owner and Construction Manager 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 Construction Manager and Contactor of Work to be completed or corrected. § 3.6.6.3 When the Work is found to be substantially complete by the Construction Manager and Architect, and after certification by the Construction Manager and the Architect, the Architect shall inform the Owner about the balance of the Contract Sum remaining to be paid the Contractor, including the amount to be retained from the Contract Sum, if any, for final completion or correction of the Work. § 3.6.6.4 Upon request of the Owner, and prior to the expiration of one year from the date of Substantial Completion, the Architect shall, without additional compensation, conduct a meeting with the Owner to review the facility operations and performance. ARTICLE 4 ADDITIONAL SERVICES § 4.1 Additional Services listed below are not included in Basic Services but may be required for the Project. The Architect shall provide the listed Additional Services only if specifically designated in the table below as the Architect's responsibility, and the Owner shall compensate the Architect as provided in Section 11.2. AIA Document B132M — 2009 (formerly B141 T'"CMa — 1992). Copyright ©1992 and 2009 by The American Institute of Architects. All rights reserved. [nit. WARNING: This Ale Document is protected by U.S. Copyright Law and international Treaties, Unauthorized reproduction or distribution of this AIA 11 Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 16:40:38 on 04/30/2014 under Order No.9424191773_1 which expires on 03/31/2015, and is not for resale. User Notes: (1984389750) (Designate the Additional Services the Architect shall provide in the second column of the table below In the third column indicate whether the service description is located in Section 4.2 or in an attached exhibit. If in an exhibit, identify the exhibit.) Services Responsibility (Architect, Owner or Not Provided) Location of Service Description (Section 4.2 below or in an exhibit attached to this document and identified belom) § 4.1.1 Programming Owner 4.1.2 Multiple preliminary designs Architect -Included 4.1.3 Measured drawings Architect -Included 4.1.4 Existing facilities surveys Architect -Included 4.1.5 Site evaluation and planning (B203Tm-2007)NP 4.1.6 Building information modeling NP 4.1.7 Civil engineering At•chitect-Included 4.1.8 Landscape design Architect -Included § 4.1.9 Architectural interior design B252TM-2007 NP § 4.1.10 Value analysis B204TM-2007 NP 4.1.11 Detailed cost estimating NP 4.1.12 On-site project representation B207TM-2008 Architect -Included 4.1.13 Conformed construction documents NP 4.1.14 As -designed record drawings Architect -Included 4.1.15 As -constructed record drawings Architect -Included 4.1.16 Post occupancy evaluation NP 4.1.17 Facility support services 13210TM-2007 NP 4.1.18 Tenant -related services NP 4.1.19 Coordination of Owner's consultants NP § 4.1.20 Telecommunications/data design NP 4.1.21 Security evaluation and planning (B206Tm-2007)NP 4.1.22 Commissioning B211TM 2007 NP § 4.1.23 Extensive environmentally responsible design NP 4.1.24 LEED® certification B214TM-2007 NP 4.1.25 Historic preservation B205TM-2007 NP § 4.1.26 Furniture, furnishings, and equipment design (B253TM-2007) NP § 4.2 Insert a description of each Additional Service designated in Section 4.1 as the Architect's responsibility, if not further described in an exhibit attached to this document. NA § 4.3 Additional Services may be provided after execution of this Agreement, without invalidating the Agreement. Except for services required due to the fault of the Architect, any Additional Services provided in accordance with this Section 4.3 shall entitle the Architect to compensation pursuant to Section 11.3 and an appropriate adjustment in the Architect's schedule. § 4.3.1 Upon recognizing the need to perform the following Additional Services, the Architect shall notify the Owner with reasonable promptness and explain the facts and circumstances giving rise to the need. The Architect shall not proceed to provide the following services until the Architect receives the Owner's written authorization: .1 Services necessitated by a change in the Initial Information, previous instructions or recommendations given by the Construction Manager or the Owner, or approvals given by the Owner, or a material change in the Project including, but not limited to, size, quality, complexity, building systems, the Owner's schedule or budget for Cost of the Work, constructability considerations, procurement or delivery method, or bid packages in addition to those listed in Section 1.1.6; AIA Document B132 TM — 2009 (formerly 8141 TMCMa —1992). Copyright ©1992 and 2009 by The American Institute of Architects. All rights reserved. Init. WARNING: This Me Docurrient is protected by U.S. Copyright Law and International Treatises. Unauthorized reproduction or distribution of tins Ale 12 Document, or any portion of it, may result in severe civil and crimkial penalties, and wiH be prosecuted to the maximum extent possible under the law. t This document was produced by AIA software at 16:40:38 on 04/30/2014 under Order No.9424191773_1 which expires on 03/31/2015, and is not for resale. User Notes: (1984389750) .2 Making revisions in Drawings, Specifications, or other documents (as required pursuant to Section 6.7), when such revisions are required because the Construction Manager's estimate of the Cost of the Work exceeds the Owner's budget, except where such excess is due to changes initiated by the Architect in scope, capacities of basic systems, or the kinds and quality of materials, finishes or equipment; .3 Services necessitated by the Owner's request for extensive enviromnentally responsible design alternatives, such as unique system designs, in-depth material research, energy modeling, or LEEDO certification; .4 Changing or editing previously prepared Instruments of Service necessitated by the enactment or revision of codes, laws or regulations or official interpretations; .5 Services necessitated by decisions of the Owner or Construction Manager not rendered in a timely manner or any other failure of performance on the part of the Owner, Construction Manager or the Owner's other consultants or contractors; .6 Preparing digital data for transmission to the Owner's consultants and contractors, or to other Owner authorized recipients; .7 Preparation of design and documentation for alternate bid or proposal requests proposed by the Owner or Construction Manager; .8 Preparation for, and attendance at, a public presentation, meeting or hearing; .9 Preparation for, and attendance at a dispute resolution proceeding or legal proceeding, except where the Architect is party thereto; .10 Evaluation of the qualifications of bidders or persons providing proposals; .11 Consultation concerning replacement of Work resulting from fire or other cause during construction; or .12 Assistance to the Initial Decision Maker, if other than the Architect. § 4.3.2 To avoid delay in the Construction Phase, the Architect shall provide the following Additional Services, notify the Owner with reasonable promptness, and explain the facts and circumstances giving rise to the need. If the Owner subsequently determines that all or parts of those services are not required, the Owner shall give prompt written notice to the Architect, and the Owner shall have no further obligation to compensate the Architect for those services: .1 Reviewing a Contractor's submittal out of sequence from the initial Project submittal schedule agreed to by the Architect; .2 Responding to the Contractor's requests for information that are not prepared in accordance with the Contact Documents or where such information is available to the Contractor from a careful study and comparison of the Contract Documents, field conditions, other Owner -provided information, Contactor -prepared coordination drawings, or prior Project correspondence or documentation; .3 Preparing Change Orders, and Construction Change Directives that require evaluation of Contractor's proposals and supporting data, or the preparation or revision of Instruments of Service; .4 Evaluating an extensive number of Claims as the Initial Decision Maker; .5 Evaluating substitutions proposed by the Owner, Construction Manager or Contactor and making subsequent revisions to Instruments of Service resulting therefi-om; or .6 To the extent the Architect's Basic Services are affected, providing Construction Phase Services 60 days after (1) the date of Substantial Completion of the Work or (2) the anticipated date of Substantial Completion, identified in Initial Information, whichever is earlier. § 4.3.3 The Architect shall provide Construction Phase Services exceeding the limits set forth below as Additional Services. When the limits below are reached, the Architect shall notify the Owner: .1 Three ( 3 ) reviews of each Shop Drawing, Product Data item, sample and similar submittals of the Contractor .2 Visits to the site (twice a week) by the Architect, or Architects consultants, over the duration of the Project during construction .3 Two ( 2 ) 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 Contact Documents .4 Three ( 3 ) inspections for any portion of the Work to determine final completion § 4.3.4 If the services covered by this Agreement have not been completed within twelve ( 12 ) months of the date of this Agreement, through no fault of the Architect, extension of the Architect's services beyond that time shall be compensated as Additional Services. Init. AIA Document B132 T11 — 2009 (formerly 8141 TMCMa —1992). Copyright ©1992 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This AEA" Document is protected by U,S, Copyright Law and International Treaties, Unauthorized reproduction or distribution of this Ale 13 Document, or any portion of it, may result in severe civil and criminal penalties; and will be prosecuted to the maximum extent possible Dander the law. This document was produced by AIA software at 16:40:38 on 04/30/2014 under Order No.9424191773_1 which expires on 03/31/2015, and is not for resale. User Notes: (1984389750) ARTICLE 5 OWNER'S RESPONSIBILITIES § 5.1 Unless otherwise provided for under this Agreement, the Owner shall provide information in a timely manner regarding requirements for and limitations on the Project, including a written program which shall set forth the Owner's objectives, schedule, constraints and criteria, including space requirements and relationships, flexibility, expandability, special equipment, systems and site requirements. Within 15 days after receipt of a written request fi-om the Architect, the Owner shall furnish the requested information as necessary and relevant for the Architect to evaluate, give notice of or enforce lien rights. § 5.2 The Owner shall retain a Construction Manager to provide services, duties and responsibilities as described in AIA Document C 132 2009, Standard Form of Agreement Between Owner and Construction Manager. The Owner shall provide the Architect a copy of the executed agreement between the Owner and the Construction Manager, and any further modifications to the agreement. § 5.3 The Owner shall furnish the services of a Construction Manager that shall be responsible for creating the overall Project schedule. The Owner shall adjust the Project schedule, if necessary, as the Project proceeds. § 5.4 The Owner shall establish and periodically update the Owner's budget for the Project, including (1) the budget for the Cost of the Work as defined in Section 6.1, (2) the Owner's other costs, and (3) reasonable contingencies related to all of these costs. The Owner shall furnish the services of a Construction Manager that shall be responsible for preparing all estimates of the Cost of the Work. If the Owner significantly increases or decreases the Owner's budget for the Cost of the Work, the Owner shall notify the Architect and the Construction Manager. The Owner and the Architect, in consultation with the Construction Manager, shall thereafter agree to a corresponding change in the budget for the Cost of the Work or in the Project's scope and quality. § 5.4.1 The Owner acknowledges that accelerated, phased or fast-track scheduling provides a benefit, but also carries with it associated risks. Such risks include the Owner incurring costs for the Architect to coordinate and redesign portions of the Project affected by procuring or installing elements of the Project prior to the completion of all relevant Construction Documents, and costs for the Contractor to remove and replace previously installed Work. If the Owner selects accelerated, phased or fast-track scheduling, the Owner agrees to include in the budget for the Project sufficient contingencies to cover such costs. § 5.5 The Owner shall identify a representative authorized to act on the Owner's behalf with respect to the Project. The Owner shall render decisions and approve the Architect's submittals in a timely manner in order to avoid unreasonable delay in the orderly and sequential progress of the Architect's services. § 5.6 The Owner shall 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 surveys and legal information shall include, as applicable, grades and lines of streets, alleys, pavements and adjoining property and structures; designated wetlands; adjacent drainage; rights-of-way, restrictions, easements, encroachments, zoning, deed restrictions, boundaries and contours of the site; locations, dimensions 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. § 5.7 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, evaluations of hazardous materials, seismic evaluation, ground corrosion tests and resistivity tests, including necessary operations for anticipating subsoil conditions, with written reports and appropriate recommendations. § 5.8 The Owner shall coordinate the services of its own consultants with those services provided by the Architect. Upon the Architect's request, the Owner shall furnish copies of the scope of services in the contracts between the Owner and the Owner's consultants. The Owner shall furnish the services of consultants other than those designated in this Agreement, or authorize the Architect to furnish them as an Additional Service, when the Architect requests such services and demonstrates that they are reasonably required by the scope of the Project. The Owner shall require that its consultants maintain professional liability insurance and other liability insurance as appropriate to the services provided. AIA Document 131 32T — 2009 (formerly B141 T'"CMa —1992). Copyright ©1992 and 2009 by The American Institute of Architects. All rights reserved. Init. WARNING: This Ale Document is protected by US. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this Me 14 Document, or any portion of it, -may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the laws. This document was produced by AIA software at 16:40:38 on 04/30/2014 under Order No.9424191773_1 which expires on 03/31/2015, and is not for resale. User Notes: (1984389750) § 5.9 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. § 5.10 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. § 5.11 The Owner shall provide prompt written notice to the Architect and Construction Manager if the Owner becomes aware of any fault or defect in the Project, including errors, omissions or inconsistencies in the Architect's Instruments of Service. § 5.12 Except as otherwise provided in the Contract Documents or when direct communications have been specially authorized, the Owner shall endeavor to communicate with the Contractor through the Construction Manager, and shall contemporaneously provide the same communications to 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. § 5.13 Before executing the Contract for Construction, the Owner shall coordinate the Architect's duties and responsibilities set forth in the Contract for Construction with the Architect's services set forth in this Agreement. The Owner shall provide the Architect a copy of the executed agreement between the Owner and Contractor, including the General Conditions of the Contract for Construction. § 5.14 The Owner shall provide the Architect access to the Project site prior to commencement of the Work and shall obligate the Construction Manager and Contactor to provide the Architect access to the Work wherever it is in preparation or progress. ARTICLE 6 COST OF THE WORK § 6.1 For purposes of this Agreement, the Cost of the Work shall be the total cost to the Owner to construct all elements of the Project designed or specified by the Architect and shall include the contactors' general conditions costs, overhead and profit. The Cost of the Work includes the compensation of the Construction Manager and Construction Manager's consultants during the Construction Phase only, including compensation for reimbursable expenses at the job site, if any. The Cost of the Work does not include the compensation of the Architect, the costs of the land, rights-of-way, financing, contingencies for changes in the Work or other costs that are the responsibility of the Owner. § 6.2 The Owner's budget for the Cost of the Work is provided in Initial Information, and may be adjusted throughout the Project as required under Sections 5.4 and 6.4. Evaluations of the Owner's budget for the Cost of the Work represent the Architect's judgment as a design professional. § 6.3 The Owner shall require the Construction Manager to include appropriate contingencies for design, bidding or negotiating, price escalation, and market conditions in estimates of the Cost of the Work. The Architect shall be entitled to rely on the accuracy and completeness of estimates of the Cost of the Work the Construction Manager prepares as the Architect progresses with its Basic Services. The Architect shall prepare, as an Additional Service, revisions to the Drawings, Specifications or other documents required due to the Construction Manager's inaccuracies or incompleteness in preparing cost estimates. The Architect may review the Construction Manager's estitnates solely for the Architect's guidance in completion of its services, however, the Architect shall report to the Owner any material inaccuracies and inconsistencies noted during any such review. § 6.3.1 If the Architect is providing detailed cost estimating services as an Additional Service, and a discrepancy exists between the Construction Manager's cost estimates and the Architect's cost estimates, the Architect and the Construction Manager shall work cooperatively to conform the cost estimates to one another. § 6.4 If, prior to the conclusion of the Design Development Phase, the Construction Manager's estimate of the Cost of the Work exceeds the Owner's budget for the Cost of the Work, the Architect, in consultation with the Construction Manager, shall make appropriate recommendations to the Owner to adjust the Project's size, quality or budget, and the Owner shall cooperate with the Architect in malting such adjustments. § 6.5 If the estimate of the Cost of the Work at the conclusion of the Design Development Phase exceeds the Owner's budget for the Cost of the Work, the Owner shall Init. AIA Document B132 T11 — 2009 (formerly 8141 TmCMa — 1992). Copyright ©1992 and 2009 by The American Institute of Architects. All rights reserved. yBARMNIG: This AIA" Document is protected by US. Copyright Law and International Treatises, Unauthorized reproduction or distribution of this AIA' 15 Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maxirnurn extent possible under the law. This document was produced by AIA software at 16:40:38 on 04/30/2014 under Order No.9424191773_1 which expires on 03/31/2015, and is not for resale. User Notes: (1984389750) .1 give written approval of an increase in the budget for the Cost of the Work; .2 in consultation with the Architect and Construction Manager, revise the Project program, scope, or quality as required to reduce the Cost of the Work; or .3 implement any other mutually acceptable alternative. § 6.6 If the Owner chooses to proceed under Section 6.5.2, the Architect, without additional compensation, shall incorporate the required modifications in the Construction Documents Phase as necessary to comply with the Owner's budget for the Cost of the Work at the conclusion of the Design Development Phase Services, or the budget as adjusted under Section 6.5.1. The Architect's modification of the Construction Documents shall be the limit of the Architect's responsibility as a Basic Service under this Article 6. § 6.7 After incorporation of modifications under Section 6.6, the Architect shall, as an Additional Service, make any required revisions to the Drawings, Specifications or other documents necessitated by subsequent cost estimates that exceed the Owner's budget for the Cost of the Work, except when the excess is due to changes initiated by the Architect in scope, basic systems, or the kinds and quality of materials, finishes or equipment. ARTICLE 7 COPYRIGHTS AND LICENSES § 7.1 The Architect and the Owner warrant that in transmitting Instruments of Service, or any other information, the transmitting party is the copyright owner of such information or has permission from the copyright owner to transmit such information for its use on the Project. If the Owner and Architect intend to transmit Instruments of Service or any other information or documentation in digital form, they shall endeavor to establish necessary protocols governing such transmissions. § 7.2 The Architect and the Architect's consultants shall be deemed the authors and owners of their respective Instruments of Service, including the Drawings and Specifications, and shall retain all common law, statutory and other reserved rights, including copyrights. 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. § 7.3 Upon execution of this Agreement, the Architect grants to the Owner a nonexclusive license to use the Architect's Instruments of Service solely and exclusively for purposes of constructing, using, maintaining, altering and adding to the Project, provided that the Owner substantially performs its obligations, including prompt payment of all sums when due, under this Agreement. The Architect shall obtain similar nonexclusive licenses from the Architect's consultants consistent with this Agreement. The license granted under this section permits the Owner to authorize the Contractor, Construction Manager, Subcontractors, Sub -subcontractors, and material or equipment suppliers, as well as the Owner's consultants and separate contractors, to reproduce applicable portions of the Instruments of Service solely and exclusively for use in performing services or construction for the Project. If the Architect rightfully terminates this Agreement for cause as provided in Section 9.4, the license granted in this Section 7.3 shall terminate. § 7.3.1 In the event the Owner uses the Instruments of Service without retaining the authors of the Instruments of Service, the Owner releases the Architect and Architect's consultant(s) from all claims and causes of action arising from such uses. The Owner, to the extent permitted by law, further agrees to indemnify and hold harmless the Architect and its consultants from all costs and expenses, including the cost of defense, related to claims and causes of action asserted by any third person or entity to the extent such costs and expenses arise fi•om the Owner's use of the Instruments of Service under this Section 7.3.1. The terms of this Section 7.3.1 shall not apply if the Owner rightfully terminates this Agreement for cause under Section 9.4. § 7.4 Except for the licenses granted in this Article 7, 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. 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. AIA Document B132 T11 — 2009 (formerly B141 T11CMa —1992). Copyright ©1992 and 2009 by The American Institute of Architects. All rights reserved. [nit. WARNIM This ACA° document is protected by U.S. Copyright Law and 4iternationM Treaties, Unauthorized reproduction or distributlon of this AIA" 16 Document, or any portion of it, may result in severe civil and criminal penaCf'ses, and will be prosecuted to the maximum extent possible under the law. / This document was produced by AIA software at 16:40:38 on 04/30/2014 under Order No.9424191773_1 which expires on 03/31/2015, and is not for resale. User Notes: (1984389750) ARTICLE 8 CLAIMS AND DISPUTES § 8.1 General § 8.1.1 The Owner and Architect shall commence all claims and causes of action, whether in contract, tort, or otherwise, against the other arising out of or related to this Agreement in accordance with the requirements of the method of binding dispute resolution selected in this Agreement within the period specified by applicable law, but in any case not more than 10 years after the date of Substantial Completion of the Work. The Owner and Architect waive all claims and causes of action not commenced in accordance with this Section 8.1.1. § 8.1.2 To the extent damages are covered by property insurance, the Owner and 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 AIA Document A232-2009, General Conditions of the Contract for Construction. The Owner or the Architect, as appropriate, shall require of the Construction Manager, contractors, consultants, agents and employees of any of them similar waivers in favor of the other parties enumerated herein. § 8.1.3 The Architect shall indemnify and hold the Owner and the Owner's officers and employees harmless fi•om and against damages, losses and judgments arising fi-om claims by third parties, including reasonable attorneys' fees and expenses recoverable under applicable law, but only to the extent they are caused by the negligent acts or omissions of the Architect, its employees and its consultants in the performance of professional services under this Agreement. The Architect's duty to indemnify the Owner under this provision shall be limited to the available proceeds of insurance coverage. § 8.1.4 The Architect and 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 of this Agreement, except as specifically provided in Section 9.7. § 8.2 Mediation § 8.2.1 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 binding dispute resolution. 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 binding dispute resolution. § 8.2.2 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 administered by the American Arbitration Association in accordance with its Construction Industry Mediation Procedures in effect on the date of the Agreement. A request for mediation shall be made in writing, delivered to the other party to the Contract, and filed with the person or entity administering the mediation. The request may be made concurrently with the filing of a complaint or other appropriate demand for binding dispute resolution but, in such event, mediation shall proceed in advance of binding dispute resolution proceedings, which shall be stayed pending mediation for a period of 60 days from the date of filing, unless stayed for a longer period by agreement of the parties or court order. If an arbitration proceeding is stayed pursuant to this section, the parties may nonetheless proceed to the selection of the arbitrator(s) and agree upon a schedule for later proceedings. § 8.2.3 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. § 8.2.4 If the parties do not resolve a dispute through mediation pursuant to this Section 8.2, the method of binding dispute resolution shall be the following: (Check the appropriate box. If the Owner andArchitect do not select a method of binding dispute resolution below, or do not subsequently agree in writing to a binding dispute resolution method other than litigation, the dispute will be resolved in a court of competentjurisdiction.) [ X ] Litigation in a court of competent jurisdiction (Paragraphs deleted) AIA Document B132T"' — 2009 (formerly B141 TMCMa —1992). Copyright ©1992 and 2009 by The American Institute of Architects. All rights reserved. [nit. WARNING: This Ale Document is protected by U,S. Copyright Law and Internatlonal Treaties. Unauthorized reproduction or distribution of this AW 17 Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. t This document was produced by AIA software at 16:40:38 on 04/30/2014 under Order No.9424191773_1 which expires on 03/31/2015, and is not for resale. User Notes: (1984389750) ARTICLE 9 TERMINATION OR SUSPENSION § 9.1 If the Owner fails to make payments to the Architect in accordance with this Agreement, such failure shall be considered substantial nonperformance and cause for termination or, at the Architect's option, cause for suspension of performance of services under this Agreement. If the Architect elects to suspend services, the Architect shall give seven days' written notice to the Owner before suspending services. In the event of a suspension of services, the Architect shall have no liability to the Owner for delay or damage caused the Owner because of such suspension of services. Before resuming services, the Architect shall be paid all sums due prior to suspension and any expenses incurred in the interruption and resumption of the Architect's services. The Architect's fees for the remaining services and the time schedules shall be equitably adjusted. § 9.2 If the Owner suspends the Project, the Architect shall be compensated for services performed prior to notice of such suspension. When the Project is resumed, the Architect shall be compensated for expenses incurred in the interruption and resumption of the Architect's services. The Architect's fees for the remaining services and the time schedules shall be equitably adjusted. § 9.3 If the Owner suspends the Project for more than 90 cumulative days for reasons other than the fault of the Architect, the Architect may terminate this Agreement by giving not less than seven days' written notice. § 9.4 Either party may terminate this Agreement upon not less than seven days' written notice should the other party fail substantially to perform in accordance with the terms of this Agreement through no fault of the party initiating the termination. § 9.5 The Owner may terminate this Agreement upon not less than seven days' written notice to the Architect for the Owner's convenience and without cause. § 9.6 In the event of termination not the fault of the Architect, the Architect shall be compensated for services performed prior to termination, together with Reimbursable Expenses then due and all Termination Expenses as defined in Section 9.7. § 9.7 Termination Expenses are in addition to compensation for the Architect's services and include expenses directly attributable to termination for which the Architect is not otherwise compensated, plus an amount for the Architect's anticipated profit on the value of the services not performed by the Architect. § 9.8 The Owner's rights to use the Architect's Instruments of Service in the event of a termination of this Agreement are set forth in Article 7 and Section 11.9. ARTICLE 10 MISCELLANEOUS PROVISIONS § 10.1 This Agreement shall be governed by the law of the place where the Project is located. § 10.2 Terms in this Agreement shall have the same meaning as those in AIA Document A232 2009, General Conditions of the Contract for Construction. § 10.3 The Owner and Architect, respectively, bind themselves, their agents, successors, assigns and legal representatives to this Agreement. Neither the Owner nor the Architect shall assign this Agreement without the written consent of the other, except that the Owner may assign this Agreement to a lender providing financing for the Project if the lender agrees to assume the Owner's rights and obligations under this Agreement. § 10.4 If the Owner requests the Architect to execute certificates, the proposed language of such certificates shall be submitted to the Architect for review at least 14 days prior to the requested dates of execution. If the Owner requests the Architect to execute consents reasonably required to facilitate assignment to a lender, the Architect shall execute all such consents that are consistent with this Agreement, provided the proposed consent is submitted to the Architect for review at least 14 days prior to execution. The Architect shall not be required to execute certificates or consents that would require knowledge, services or responsibilities beyond the scope of this Agreement. § 10.5 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. AIA Document B132T11 —2009 (formerly B141 TMCMa —1992). Copyright ©1992 and 2009 by The American Institute of Architects. All rights reserved. Init. WARNING: This AIA" Document is protected by U.S. Copyright Law and international Treaties. Unauthorized reproduction or distribution of this A6Av 18 Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 16:40:38 on 04/30/2014 under Order No.9424191773_1 which expires on 03/31/2015, and is not for resale. User Notes: (1984389750) § 10.6 Unless otherwise required in this Agreement, the Architect 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. § 10.7 The Architect shall have the right to include photographic or artistic representations of the design of the Project among the Architect's promotional and professional materials. The Architect shall be given reasonable access to the completed Project to make such representations. However, the Architect's materials shall not include the Owner's confidential or proprietary information 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. § 10.8 If the Architect or Owner receives information specifically designated by the other party as "confidential" or "business proprietary," the receiving party shall keep such information strictly confidential and shall not disclose it to any other person except to (1) its employees, (2) those who need to know the content of such information in order to perform services or construction solely and exclusively for the Project, or (3) its consultants and contractors whose contracts include similar restrictions on the use of confidential information. ARTICLE 11 COMPENSATION § 11.1 For the Architect's Basic Services described under Article 3, the Owner shall compensate the Architect as follows: (Insert amount of, or basis for, compensation.) See Attachment 'B' § 11.2 For Additional Services designated in Section 4. 1, the Owner shall compensate the Architect as follows: (Insert amount of, or basis for, compensation. If necessary, list specific services to rhhich particular methods of compensation apply.) NA § 11.3 For Additional Services that may arise during the course of the Project, including those under Section 4.3, the Owner shall compensate the Architect as follows: (Insert amount of, or basis for; compensation.) To be determined by mutual agreement § 11.4 Compensation for Additional Services of the Architect's consultants when not included in Sections 11.2 or 11.3, shall be the amount invoiced to the Architect plus zero percent 0 %), or as otherwise stated below: § 11.5 Where compensation for Basic Services is based on a stipulated sum or percentage of the Cost of the Work, the compensation for each phase of services shall be as follows: See Attachment 'B' (Table deleted) The Owner acknowledges that with an accelerated Project delivery or multiple bid package process, the Architect may be providing its services in multiple Phases simultaneously. Therefore, the Architect shall be permitted to invoice monthly in proportion to services performed in each Phase of Services, as appropriate. § 11.6 When compensation is based on a percentage of the Cost of the Work and any portions of the Project are deleted or otherwise not constructed, compensation for those portions of the Project shall be payable to the extent services are performed on those portions, in accordance with the schedule set forth in Section 11.5 based on (1) the lowest bona fide bid or negotiated proposal, or (2) if no such bid or proposal is received, the most recent estimate of the Cost of the Work prepared by the Construction Manager for such portions of the Project. The Architect shall be entitled to compensation in accordance with this Agreement for all services performed whether or not the Construction Phase is commenced. AIA Document B132T" —2009 (formerly B141 T""CMa —1992). Copyright ©1992 and 2009 by The American Institute of Architects. All rights reserved. [nit. WARNING: This AIA`" Document is protected by U.S. Copyright Law and International Treatles, Unauthorized reproduction or distribution of this AiAO 19 Document, or :any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. / This document was produced by AIA software at 16:40:38 on 04/30/2014 under Order No.9424191773_1 which expires on 03/31/2015, and is not for resale. User Notes: (1984389750) § 11.7 The hourly billing rates for services of tile Architect and the Architect's consultants, if ajiy, are set forth below. The rates shall be adjusted in accordance with the Architect's and Architect's consultants' normal review practices. (If applicable, ailtich an exhibit of hour1j, billing rates or- hiserf thein below) To be determined by mutual agreement (Table cleletee!) § 11.8 Compensation for Reimbursable Expenses § 11.8.1 Reimbursable Expensesare in addition to compensation For Basic and Additional Services and include expensesincurred by the Architect and the Architect,, consultants directly related to the Project, as follows: . I NA; .2 NA, .3 Fees paid for securing approval of authorities having jurisdiction over the Project; A Printing, reproductions, plots, standard form documents, .5 Postage, handling and delivery; .6 Expense of overtime work requiring higher than regular rates, if authorized in advance by the Owner, in writing. .7 Renderings, models, mock-ups, professional photography, and presentation materials requested by the Owner; in writing. 8 NA, .9 All taxes levied on reimbursable expenses; .10 NA, .11 NA. § 11.8.2 For Reimbursable Expenses the compensation shall be the expenses incurred by the Architect and the Architect's consultants plus zero percent ( 0 %) of the expenses incurred. § 11.9 Compensation for Use of Architect's Instruments of Service If the Owner terminates the Architect -for its convenience under Section 9,5, or the Architect terminates this Agreement taider Section 9.3, the Owner shall pay a licensing; flee as compensation for the Owner's continued use of the Architect's histrUITICII(S Of Service solely for purposes of completing., Using and maintaining the Project as follows: To be determined by mutual agreement § 11.10 Payments to the Architect § 11.10.1 An initial payment of7cro ($ 0) 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 in the final invoice, § 11.10.2 Unless otherwise agreed, payments for services shall be made monthly in proportion to services performed. Payments are due and payable upon presentation of the Architect's invoice. Amounts unpaid sixty (60 ) days after the invoice date shall beat- 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, (111.Yed rate Q1'1110171hlv or annual inlewsl agreed uj)on) zero percent (0) % per year § 11,10.3 The Owner shall not withhold amounts from the Architect's compensation to impose a penalty or liquidated damages on tile Architect, or to offset sums requested by or paid to contractors for the cost of changes, in the Work unless the Architect agrees or his been found liable for the amounts in a binding dispute resolution proceeding. § 11.10.4 Records of Reimbursable Lxpetises, expenses pertaining to Additional Services, and services performed on the basis of hourly rates shall be available to the Owner at mutually convenient times. ARTICLE 12 SPECIAL TERMS AND CONDITIONS Special terms and conditions that modify this Agreement are as follows: NA AIA Document B132Tm — 2009 (formerly 81411"Wa-1992). Copyright 01992 and 2009 by The American institute of Architects. All rights reserved. Init. WARNING This AW" rJoeument Is pfbtocted bY U.S. CorVVIght Low and Intematforial Treaties. Unauthorized reproduction or distribution of this Alff 2(3 Docunnent, or any portion of it, may result io severe rivil and criminal penalties, and will be prosticutod to the inaidmum extent: possible under the law. This document was produced by AIA software at 16:40:38 on 04130/2014 under Order N0.9424191773_1 which expires on 03131/2016, and is net for resale. User Notes: (1984389750) ARTICLE 13 SCOPE OF THE AGREEMENT § 13.1 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. § 13.2 This Agreement is comprised of the following documents listed below: .1 AIA Document B132TM 2009, Standard Form Agreement Between Owner and Architect, Construction Manager as Adviser Edition .2 (Paragraphs deleted) Other documents: (List other documents, if any, including additional scopes of service forming part of the Agreement.) Attachment 'A' Attachment 'B' This Agreement is entered into as of the day and year first OWNER (Signa re) i7' Tammy de Weerd, Mayor (Printed name and title) I Attests Jaycee Holman, City O ff` OR Thu 8 UCCisl -§-� ,� o, sbu ; 9oF the 7Ar�\5\���� Purchasing Department Approval By: Keith Watts, Purchasing Manager Date: V / l Dana Kauffinan, Principal (Printed name and title) Department Approval By: Name: , it Title: 1--S .— Date: /1 /1 AIA Document B132 TM — 2009 (formerly B141 TMCMa —1992). Copyright ©1992 and 2009 by The American Institute of Architects. All rights reserved. Init. WARNING: This Ale Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA' 21 Document. or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law, t This document was produced by AIA software at 16:40:38 on 04/30/2014 under Order No.9424191773_1 which expires on 03/31/2015, and is not for resale. User Notes: (1984389750) ATTACHMENT A The City of Meridian seeks consultant services to assist the Meridian Parks and Recreation Department in developing construction documents for construction of a new dog park located in Storey Park at 205 E Franklin. The location of the project is the undeveloped area near Watertower Lane on the South end of the Park. Concept planning and design development is underway. Jensen Belts Associates has been commissioned to perform this task as it is part of a land swap involving the Meridian Dairy Show Board, The Meridian Speedway and The City of Meridian. The consultant shall be expected to provide construction documents and make minor revisions to the plan based on constructability. Specific aspects of the project are: ® One restroom with power and sewer connections ® Fencing ® Parking and drive isle ® Two picnic shelters ® Landscape and irrigation ® Pressurized irrigation pump upgrade ® Netting to catch softballs ® Remodel existing shop ® Lighting ® Dog amenities Based on the completed design development package the consultant will be expected to provide the following — ® Construction documents suitable for permitting ® Construction documents and specifications suitable for bidding and construction ® Approved Stormwater Pollution Prevention Plan ® Preliminary construction cost estimates for budget purpose ® Construction cost estimate ® Bidding assistance ® Construction observation ® Agency approvals, NMID, ACHD and The City of Meridian Community Development Department RFQ ARCHITECTURAL AND ENGINEERING DESIGN SERVICES- STOREY PARK DEVELOPMENT PKS-14-10122.6 Page 9 of 9 INSIGHTerdibwtapa Russ Phillips + Dana Kauffman Attachment "B" April 18, 2014 Meridian Parks & Recreation Department Storey Dog Park Re: Architectural and Engineering Design Services for Storey Park Development Dear Mike, Thank you for the opportunity to work with you and the city on this project. We are anxious to assist with the development of construction documents for the construction of a new dog park located in Storey Park. Our fee structure is based on the scope of services described I the Request for Qualifications Project No. PKS-14-10122.G. In addition, we had a phone conversation on April 17, 2014 to clarify some points. Please see the attached spreadsheet of anticipated costs. The Project Scope will include; ® Make minor revisions to the existing master plan ® One restroom building with power, water, and sewer connections ® Fencing ® Parking and site access drive isle ® Two picnic shelters ® Landscape and irrigation ® Pressurized irrigation pump upgrade ® Netting at the existing softball field ® Lighting ® Dog amenities ® Remodeling of the existing Shop/Toilet facility is not included as part of this project scope ® We have included outside of basic fees additional items such as; agency submittal fees except Meridian City fees, NMID work, printing costs, courier costs, geotechnical services, design of pressure irrigation system. The City or Meridian has furnished a site survey and topo information Any services requested outside of this scope will be negotiated at direct costs with no mark-up. We are excited to begin this project with you and the department team! Sincerely, Dana Kauffman, AIA INSIGHT architects, pa 2238 Broadway Avenue Boise, Idaho 83706 208.338.9080 Attachment "B" Design Team Fee Proposal Storey Park Development PKS-14-10122.6 4/18/2014 Task Personnel Hours Rate/hr Sub -total Preliminary Plan Revisions CZC Process & Agency Applications Probable Costs Sub -total Principal Architect 5 $135 $675 Project Architect 5 $105 $525 Drafting 4 $65 $260 Civil 9 $115 $1,035 Landscape 8 $98 $784 Structural 0 $120 $0 Mechanical 3 $130 $390 Electrical 3 $130 $390 $4,059 Design Development Probable Costs Sub -total Principal Architect 6 $135 $810 Project Architect 16 $105 $1,680 Drafting 6 $65 $390 Civil 20 $115 $2,300 Landscape 16 $98 $1,568 Structural 1 $120 $120 Mechanical 3 $130 $390 Electrical 5 $130 $650 1 $7,908 Construction Documents Probable Costs Sub -total Principal Architect 11 $135 $1,485 Project Architect 90 $105 $9,450 Drafting 100 $65 $6,500 Civil 124 $115 $14,260 Landscape 95 $98 $9,310 Structural 8 $120 $960 Mechanical 16 $130 $2,080 Electrical 31 $130 $4,030 $48,075 Bidding Assistance Process Sub -total Principal Architect 2 $135 $270 Project Architect 11 $105 $1,155 Drafting 1 $65 $0 Civil 10 $115 $1,150 Landscape 8 $98 $784 Structural 1 $120 $120 Mechanical 1 $130 $130 Electrical 3 $130 $390 $3,999 Construction Observation Services Sub -total Principal Architect 10 $135 $1,350 Project Architect 40 $105 $4,200 Drafting 4 $65 $260 Civil 41 $115 $4,715 Landscape 31 $98 $3,038 Structural 3 $120 $360 Mechanical 3 $130 $390 Electrical 11 $130 $1,430 $15,743 Total Base Design Team Consulting Fees (based on construction budget) $1,445,500 $79,784 5.5% Additional Budget Items Reimbursables Sub -total Anticip. Annual Maint. Cosi $0 Storm Water Pollution PrevE $0 Design Pressure Irrigation $2,256 Geotechnical Services $2,500 Reproduction Costs $3,000 Courier Costs $250 ACHD Impact Fees $0 ACHD Plan Review Fee $500 ACHD Sidewalk Easement Fee $0 ACHD Landscape License Agreemen $100 NMID Attorney Retainer $350 NMID Land Use Change App. Fee $650 Idaho Dept. Water Resources $0 $9,606 DATE: May • 2014 ITEM NUMBER: 5F 1 Approval of AIA C132 Sfandard Form Agreement for Construction Management Services for the Storey Park Development Project for the Not -To -Exceed amount of 5.25% of the construction cost, which is estimated to be $1,455,000.00. Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS To: Jaycee Holman, City Clerk From- Keith Watts, Purchasing Manager : Jacy Jones, Mike Barton, Steve Siddoway Date: 5/1/14 Re: May 6 City Council Agenda Item The Purchasing Department respectfully requests that the following item be placed on the May 6�' City Council Consent Agenda. Approval of AIA C132 Standard Form Agreement for Construction Management Services for the Storey Park Development project. This Agreement is the result of formal RFQ #PKS-14-10122. E. Recommended Council Action: Approval of Agreement to Kreizenbeck Constructors for the Not -To -Exceed amount of 5.25% of the construction cost estimated at 1,455,000.00 and authorize the Mayor to sign and City Clerk to attest. Thank you for your consideration. 0 Page 1 �/`~E IL7FZ IAN, City of Meridian Construction n nServices STOREY PARK DEVELOPMENT SELECTION RFQ NUMBER: PKS-14-10122.E DUE DATE & TIME: 121 -Feb -14 VENDOR SELECTION: (in order) 1 Kreizenbeck Constructors 2 ESI, Inc. 3 Beniton Construction 4 Layton 5 McAlvain Construction, Inc. 6 Aright Brothers Date Posted: 4-14-2014 IMU TM Document —2009 Standard 1AgreementBetween Owner and ConstructiotFiganageras Adviser AGREEMENT made as of the Twenty-fourth day of April in the year Two Thousand Fourteen ADDITIONS AND DELETIONS: (In words, indicate day, month and year.) The author of this document has Boise, Idaho 83713 added information needed for its BETWEEN the Owner: completion. The author may also (Name, legal status, address and other information) have revised the text of the original AIA standard form. An Additions and City of Meridian Deletions Report that notes added 33 East Broadway Avenue information as well as revisions to the Meridian, Idaho 83642 standard form text is available from Telephone Number: 208-888-4433 the author and should be reviewed. A Fax Number: 208-887-4813 vertical line in the left margin of this Meridian, Idaho 83642 document indicates where the author and the Construction Manager: has added necessary information (Name, legal status, address and other inforuzation) and where the author has added to or deleted from the original AIA text. Kreizenbeck, LLC dba Kreizenbeck Constructors This document has important legal 11724 West Executive Drive consequences. Consultation with an Boise, Idaho 83713 attorney is encouraged with respect Telephone Number: 208-336-9500 to its completion or modification. Fax Number: 208-336-7444 This document is intended to be used in conjunction with AIA Documents for the following Project: A132TM-2009, Standard Form of (Name, location and detailed description) Agreement Between Owner and Contractor, Construction Manager as Storey Park Development Adviser Edition; A232TM-2009, 205 East Franklin Road General Conditions of the Contract Meridian, Idaho 83642 for Construction, Construction Development of a new dog park located in Storey Park. Manager as Adviser Edition; and B132TM-2009, Standard Form of The Architect: Agreement Between Owner and (Name, legal status, address and other information) Architect, Construction Manager as Adviser Edition. Insight Architects, P.A. AIA Document A232TM-2009 is 2238 Broadway Avenue adopted in this document by Boise, Idaho 83706 reference. Do not use with other Telephone Number: 208-338-9080 general conditions unless this Fax Number: 208-338-9067 document is modified. The Owner and Construction Manager agree as follows. AIA Document C132TM — 2009 formerly B801 TMCMa —1992). Copyright© 1973, 1980, 1992 and 2009 by The American Institute of Architects. All rights Inst. reserved. WARNING: This Aly, DoeLment is protected by U.S. Copyright Law and international Treaties. Unauthorized reproduction or distribution of 1 this AlA`' Doeunient, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under I the lar. This document was produced by AIA software at 14:45:18 on 04/30/2014 under Order No.6527595385_1 which expires on 01/07/2015, and is not for resale. User Notes: (1299019628) TABLE OF ARTICLES 1 INITIAL INFORMATION 2 CONSTRUCTION MANAGER'S RESPONSIBILITIES 3 SCOPE OF CONSTRUCTION MANAGER'S BASIC SERVICES 4 ADDITIONAL SERVICES 5 OWNER'S RESPONSIBILITIES 6 COST OF THE WORK 7 COPYRIGHTS AND LICENSES 8 CLAIMS AND DISPUTES 9 TERMINATION OR SUSPENSION 10 MISCELLANEOUS PROVISIONS 11 COMPENSATION 12 SPECIAL TERMS AND CONDITIONS 13 SCOPE OF THE AGREEMENT ARTICLE 1 INITIAL INFORMATION § 1.1 This Agreement is based on the Initial Information set forth in this Section L L (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.') § 1.1.1 The Owner's program for the Project: (Identify documentation or state the manner in tinhich the program will be developed) Unknown at time of execution § 1.1.2 The Project's physical characteristics: (Idents or describe, if appropriate, size, location, dimensions, or other pertinent information, such as geotechnical reports; site, bormdwy and topographic surveys; traffic and rttility studies; availability of public and private utilities and services; legal description of the site; etc.) The location of the project is the undeveloped area near Watertower Lane on the South end of Storey Park. § 1.1.3 The Owner's budget for the Cost of the Work, as defined in Section 6.1: (Provide total and, if known, a line item breakdown) T.B.D. § 1.1.4 The Owner's anticipated design and construction schedule: 1 Design phase milestone dates, if any: Unknown at time of execution .2 Commencement of construction: AIA Document C132T11— 2009 formerly B801TMCMa —1992). Copyright 0 1973, 1980, 1992 and 2009 by The American Institute of Architects. All rights Inst, reserved'WAR NING: This AIA Document is protected by U.S. Copyright taw and International Treaties. Unauthorized reproduction ordistribution of 2 this Ale Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under t the law. This documentwas produced by AIA software at 14:45:18 on 04/30/2014 under Order No.6527595385_1 which expires on 01/07/2015, and is not for resale. User Notes: (1299019628) Unknown at time of execution .3 Substantial Completion date or milestone dates: Unknown at time of execution .4 Other: § 1.1.5 The Owner intends the following procurement method for the Project: (Identify method such as competitive bid, negotiated Contract ou• multiple Prime Contracts.) Competitive Bid - Multiple Prime Contracts § 1.1.6 The Owner's requirements for accelerated or fast-track scheduling, multiple bid packages, or phased construction are set forth below: (List number- and type of bid/pu•ocumenient packages.) Fast track or phased construction is not anticipated § 1.1.7 Other Project information: (Identify special characteristics or needs of the Project not provided elsewhere, such as environmentally responsible design or historic pr•eseiriwtion requirements.) § 1.1.8 The Owner identifies the following representative in accordance with Section 5.5: (List name, address and other information.) Keith Watts, Purchasing Manager Or Ted Baird, Deputy City Attorney 33 East Broadway Avenue Meridian, Idaho 83642 Telephone Number: 208-888-4433 Fax Number: 208-887-4813 § 1.1.9 The persons or entities, in addition to the Owner's representative, who are required to review the Construction Manager's submittals to the Owner are as follows: (List name, address and other information.) Insight Architects, P.a. 2238 Broadway Avenue Boise, Idaho 83706 Telephone Number: 208-338-9080 Fax Number: 208-33 8-9067 § 1.1.10 Unless provided by the Construction Manager, the Owner will retain the following consultants and contractors: (List name, legal status, address and other information) .1 Land Surveyor: *As necessary AIA Document C132TM —2009 formerly B801 TmCMa —1992). Copyright © 1973, 1980, 1992 and 2009 by The American Institute of Architects. All rights Init. reserved. WARNING: This AlA' Documcnt is protected by U.S. Copyright taw and international Treaties, Unauthorized reproduction or distribution of 3 this Any? DoCunrent, or any portion of it, may result in severe civil and crinu al penalties, and will be prosecuted to the maxi€raurn extent possible under t the law. This document was produced by AIA software at 14:45:18 on 04/30/2014 under Order No.6527595385_1 which expires on 01/07/2015, and is not for resale. User Notes: (1299019628) .2 Geotechnical Engineer: *As necessary .3 Civil Engineer: *As necessary .4 Other: (List any other consultants retained by the Owner, such as a Project or Program Manager, or construction contractor) *As necessary *The Owner agrees to require it's consultants to coordinate all work efforts through the Architect. The Architect shall be responsible to incorporate all of the Owner's consultants work efforts into a complete set of construction documents to be used for permitting, bidding and construction purposes. § 1.1.11 The Construction Manager identifies the following representative in accordance with Section 2.4: (List name, address and other information) Michael J. Berard 11724 West Executive Drive Boise, Idaho 83713 Telephone Number: 208-336-9500 Fax Number: 208-336-7444 Mobile Number: 208-941-3199 Email Address: mberard@kreizenbeck.com kreizenbeck.com § 1.1.12 The Construction Manager's staffing plan as required under Section 3.3.2 shall include: (List any specific requirements and personnel to be included in the staffing plan, if known.) Project Superintendent § 1.1.13 The Construction Manager's consultants retained under Basic Services, if any: .1 Cost Estimator: (List name, legal statics, address and other information.) .2 Other consultants: First Link, Inc. AIA Document C132TM — 2009 Iformerly 8801 T'"CMa —1992). Copyright © 1973, 1980, 1992 and 2009 by The American Institute of Architects. All rights Init. reserved. WARNING Thls AIAb Document is protected by U.S. Copyright Law and international Treaties. Unauthorized reprocitmtBon or distribution of 4 this AleDocument, or any portion of it, may result in severe civil and criminal penalties, and wlH be prosecuted to the maxlrnu n extent possible under t the lair. This document was produced by AIA software at 14:45:18 on 04/30/2014 under Order No.6527595385_1 which expires on 01/07/2015, and is not for resale. User Notes: (1299019628) 4304 West Emerald Boise, Idaho 83706 Telephone Number: 208-941-6818 Fax Number: 208-384-9039 § 1.1.14 The Construction Manager's consultants retained under Additional Services: § 1.1.15 Other Initial Information on which the Agreement is based: § 1.2 The Owner and Construction Manager may rely on the Initial Information. Both parties, however, recognize that such information may materially change and, in that event, the Owner and the Construction Manager shall appropriately adjust the schedules, the Construction Manager's services and the Construction Manager's compensation. ARTICLE 2 CONSTRUCTION MANAGER'S RESPONSIBILITIES § 2.1 The Construction Manager shall provide the services as set forth in this Agreement. § 2.2 The Construction Manager shall perform its services consistent with the skill and care ordinarily provided by construction managers practicing in the same or similar locality under the same or similar circumstances. The Construction Manager shall perform its services as expeditiously as is consistent with such skill and care and the orderly progress of the Project. § 2.3 The Construction Manager shall provide its services in conjunction with the services of an Architect as described in AIA Document B132TM-2009, Standard Form of Agreement Between Owner and Architect, Construction Manager as Adviser Edition. The Construction Manager shall not be responsible for actions taken by the Architect. § 2.4 The Construction Manager shall identify a representative authorized to act on behalf of the Construction Manager with respect to the Project. § 2.5 Except with the Owner's knowledge and consent, the Construction Manager shall not engage in any activity, or accept any employment, interest or contribution that would reasonably appear to compromise the Construction Manager's judgment with respect to this Project. § 2.6 The Construction Manager shall maintain the following insurance for the duration of this Agreement. If any of the requirements set forth below exceed the types and limits the Construction Manager normally maintains, the Owner shall reimburse the Construction Manager for any additional cost. § 2.6.1 Comprehensive General Liability with policy limits of not less than One Million Dollars and Zero Cents ($ 1,000,000.00 ) for each occurrence and in the aggregate for bodily injury and property damage. § 2.6.2 Automobile Liability covering owned and rented vehicles operated by the Construction Manager with policy limits of not less than Two Million Dollars and Zero Cents ($ 2,000,000.00 ) combined single limit and aggregate for bodily injury and property damage. § 2.6.3 The Construction Manager may use umbrella or excess liability insurance to achieve the required coverage for Comprehensive General Liability and Automobile Liability, provided that such umbrella or excess insurance results in the same type of coverage as required for the individual policies. § 2.6.4 Workers' Compensation at statutory limits and Employers Liability with a policy limit of not less than One Million Dollars and Zero Cents ($ 1,000,000.00 ). AIA Document C132TM — 2009 (rformerly B801 TMCMa —1992). Copyright © 1973, 1980, 1992 and 2009 by The American Institute of Architects. All rights Inst. reserved. WARNING! This AM" Document is protected by U.S. Copyright paw and International Treaties. Unauthorized reproduction or distribution of this AIA° Document, or any portlon of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 14:45:18 on 04/30/2014 under Order No.6527595385_1 which expires on 01/07/2015, and is not for resale. User Notes: (1299019628) § 2.6.5 Professional Liability covering the Construction Manager's negligent acts, errors and omissions in its performance of services with policy limits of not less than One Million Dollars and Zero Cents ($ 1,000,000.00 ) per claim and in the aggregate. § 2.6.6 The Construction Manager shall provide to the Owner certificates of insurance evidencing compliance with the requirements in this Section 2.6. The certificates will show the Owner as an additional insured on the Comprehensive General Liability, Automobile Liability, umbrella or excess policies. ARTICLE 3 SCOPE OF CONSTRUCTION MANAGER'S BASIC SERVICES § 3.1 Definition The Construction Manager's Basic Services consist of those described in Sections 3.2 and 3.3 and include usual and customary construction coordination and scheduling, constructability review, cost estimating, and allocation of construction activities among the Multiple Prime Contractors. § 3.2 Preconstruction Phase § 3.2.1 The Construction Manager shall review the program furnished by the Owner and any evaluation of the Owner's program provided by the Architect, to ascertain the requirements of the Project and shall arrive at a mutual understanding of such requirements with the Owner and Architect. § 3.2.2 The Construction Manager shall provide a preliminary evaluation of the Owner's program, schedule and construction budget requirements, each in terms of the other. § 3.2.3 The Construction Manager shall prepare, and deliver to the Owner, a written Construction Management Plan that includes, at a minimum, the following: (1) preliminary evaluations required in Section 3.2.2, (2) a Project schedule, (3) cost estimates, (4) recommendations for Project delivery method, and (5) Contractors' scopes of Work, if multiple Contractors or fast-track construction will be used. The Construction Manager shall periodically update the Construction Management Plan over the course of the Project. § 3.2.4 Based on preliminary design and other design criteria prepared by the Architect, the Construction Manager shall prepare preliminary estimates of the Cost of the Work or the cost of program requirements using area, volume or similar conceptual estimating techniques for the Architect's review and Owner's approval. If the Architect suggests alternative materials and systems, the Construction Manager shall provide cost evaluations of those alternative materials and systems and may also provide its own suggestions. § 3.2.5 The Construction Manager shall expeditiously review design documents during their development and advise the Owner and Architect on proposed site use and improvements, selection of materials, and building systems and equipment. The Construction Manager shall also provide recommendations to the Owner and Architect on constructability, availability of materials and labor, sequencing for phased construction, time requirements for procurement, installation and construction, and factors related to construction cost including, but not limited to, costs of alternative designs or materials, preliminary budgets, life -cycle data, and possible cost reductions. § 3.2.6 The Construction Manager shall prepare and periodically update the Project schedule included in the Construction Management Plan for the Architect's review and the Owner's acceptance. The Construction Manager shall obtain the Architect's approval for the portion of the Project schedule relating to the performance of the Architect's services. The Project schedule shall coordinate and integrate the Construction Manager's services, the Architect's services, other Owner consultants' services, and the Owner's responsibilities and highlight items that could affect the Project's timely completion. § 3.2.7 As the Architect progresses with the preparation of the Schematic Design, Design Development and Construction Documents, the Construction Manager shall prepare and update, at appropriate intervals agreed to by the Owner, Construction Manager and Architect, estimates of the Cost of the Work of increasing detail and refinement. The Construction Manager shall include appropriate contingencies for design, bidding or negotiating, price escalation, and market conditions in the estimates of the Cost of the Work. Such estimates shall be provided for the Architect's review and the Owner's approval. The Construction Manager shall advise the Owner and Architect if it appears that the Cost of the Work may exceed the Owner's budget and make recommendations for corrective action. AIA Document C132T'•' —2009 formerly B801 TMCMa —1992). Copyright© 1973, 1980, 1992 and 2009 by The American Institute of Architects. All rights Inst. reserved. WARNING: This Aty Document is protected by C.S. Copyright Law and International 'Treaties. Unauthorized reproduction or distribution of 6 this Ale Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maxirnurn extent, possible under the lave. This document was produced by AIA software at 14:45:18 on 04/30/2014 under Order No.6527595385_1 which expires on 01/07/2015, and is not for resale. User Notes: (1299019628) § 3.2.8 As the Architect progresses with the preparation of the Schematic Design, Design Development and Construction Documents, the Construction Manager shall consult with the Owner and Architect and make recommendations whenever the Construction Manager determines that design details adversely affect constructability, cost or schedules. § 3.2.9 The Construction Manager shall provide recommendations and information to the Owner and Architect regarding the assignment of responsibilities for temporary Project facilities and equipment, materials and services for common use of the Contractors. The Construction Manager shall verify that such requirements and assignment of responsibilities are included in the proposed Contract Documents. § 3.2.10 The Construction Manager shall provide recommendations and information to the Owner regarding the allocation of responsibilities for safety programs among the Contractors. § 3.2.11 The Construction Manager shall provide recommendations to the Owner on the division of the Project into individual Contracts for the construction of various categories of Work, including the method to be used for selecting Contractors and awarding Contracts. If multiple Contracts are to be awarded, the Construction Manager shall review the Drawings and Specifications and make recommendations as required to provide that (1) the Work of the Contractors is coordinated, (2) all requirements for the Project are assigned to the appropriate Contract, (3) the likelihood of jurisdictional disputes is minimized, and (4) proper coordination is provided for phased construction. § 3.2.12 The Construction Manager shall update the Project schedule to include the components of the Work, including phasing of construction, times of commencement and completion required of each Contractor, ordering and delivery of products, including those that must be ordered well in advance of construction, and the occupancy requirements of the Owner. § 3.2.13 The Construction Manager shall expedite and coordinate the ordering and delivery of materials, including those that must be ordered well in advance of construction. § 3.2.14 The Construction Manager shall assist the Owner in selecting, retaining and coordinating the professional services of surveyors, special consultants and testing laboratories required for the Project. § 3.2.15 The Construction Manager shall provide an analysis of the types and quantities of labor required for the Project and review the availability of appropriate categories of labor required for critical phases. The Construction Manager shall make recommendations for actions designed to minimize adverse effects of labor shortages. § 3.2.16 The Construction Manager shall assist the Owner in obtaining information regarding applicable requirements for equal employment opportunity programs, and other programs as may be required by governmental and for quasi governmental authorities for inclusion in the Contract Documents. § 3.2.17 Following the Owner's approval of the Drawings and Specifications, the Construction Manager shall update and submit the latest estimate of the Cost of the Work and the Project schedule for the Architect's review and the Owner's approval. § 3.2.18 The Construction Manager shall submit the list of prospective bidders for the Architect's review and the Owner's approval. § 3.2.19 The Construction Manager shall develop bidders' interest in the Project and establish bidding schedules. The Construction Manager, with the assistance of the Architect, shall issue bidding documents to bidders and conduct pre-bid conferences with prospective bidders. The Construction Manager shall issue the current Project schedule with each set of bidding documents. The Construction Manager shall assist the Architect with regard to questions from bidders and with the issuance of addenda. § 3.2.20 The Construction Manager shall receive bids, prepare bid analyses and make recommendations to the Owner for the Owner's award of Contracts or rejection of bids. § 3.2.21 The Construction Manager shall assist the Owner in preparing Construction Contracts and advise the Owner on the acceptability of Subcontractors and material suppliers proposed by Multiple Prime Contractors. AIA Document C132M — 2009formerly 8801 TMCMa —1992). Copyright © 1973, 1980, 1992 and 2009 by The American Institute of Architects. All rights Init. reserved. WARNING: This AIA' Document is protected by U.S. Copyright paw and International Treaties. Unauthorized reproduction or distribution of 7 this AIA' Docuanent, or any portion of it, may result in severe civil and criminal penalties, and wigs be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 14:45:18 on 04/30/2014 under Order No.6527595385_1 which expires on 01/07/2015, and is not for resale. User Notes: (1299019628) § 3.2.22 The Construction Manager shall assist the Owner in obtaining building permits and special permits for permanent improvements, except for permits required to be obtained directly by the various Multiple Prime Contractors. The Construction Manager shall verify that the Owner has paid applicable fees and assessments. The Construction Manager shall assist the Owner and Architect in connection with the Owner's responsibility for filing documents required for the approvals of governmental authorities having jurisdiction over the Project. § 3.3 Construction Phase Administration of the Construction Contract § 3.3.1 Subject to Section 4.3, the Construction Manager's responsibility to provide Construction Phase Services commences with the award of the initial Contract for Construction and terminates on the date the Architect issues the final Certificate for Payment. § 3.3.2 The Construction Manager shall provide a staffing plan to include one or more representatives who shall be in attendance at the Project site whenever the Work is being performed. § 3.3.3 The Construction Manager shall provide on-site administration of the Contracts for Construction in cooperation with the Architect as set forth below and in AIA Document A232TM-2009, General Conditions of the Contract for Construction, Construction Manager as Adviser Edition. If the Owner and Contractor modify AIA Document A232-2009, those modifications shall not affect the Construction Manager's services under this Agreement unless the Owner and the Construction Manager amend this Agreement. § 3.3.4 The Construction Manager shall provide administrative, management and related services to coordinate scheduled activities and responsibilities of the Multiple Prime Contractors with each other and with those of the Construction Manager, the Owner and the Architect. The Construction Manager shall coordinate the activities of the Multiple Prime Contractors in accordance with the latest approved Project schedule and the Contract Documents. § 3.3.5 Utilizing the construction schedules provided by the Multiple Prime Contractors, the Construction Manager shall update the Project schedule, incorporating the activities of the Owner, Architect, and Multiple Prime Contractors on the Project, including activity sequences and durations, allocation of labor and materials, processing of Shop Drawings, Product Data and Samples, and delivery and procurement of products, including those that must be ordered well in advance of construction. The Project schedule shall include the Owner's occupancy requirements showing portions of the Project having occupancy priority. The Construction Manager shall update and reissue the Project schedule as required to show current conditions. If an update indicates that the previously approved Project schedule may not be met, the Construction Manager shall recommend corrective action, if any, to the Owner and Architect. § 3.3.6 The Construction Manager shall schedule and conduct meetings to discuss such matters as procedures, progress, coordination, and scheduling of the Work. The Construction Manager shall prepare and promptly distribute minutes to the Owner, Architect and Multiple Prime Contractors. § 3.3.7 Utilizing information from the Multiple Prime Contractors, the Construction Manager shall schedule and coordinate the sequence of construction and assignment of space in areas where the Multiple Prime Contractors are performing Work, in accordance with the Contract Documents and the latest approved Project schedule. § 3.3.8 The Construction Manager shall schedule all tests and inspections required by the Contract Documents or governmental authorities, and arrange for the delivery of test and inspection reports to the Owner and Architect. § 3.3.9 The Construction Manager shall endeavor to obtain satisfactory performance from each of the Multiple Prime Contractors. The Construction Manager shall recommend courses of action to the Owner when requirements of a Contract are not being fulfilled. § 3.3.10 The Construction Manager shall monitor and evaluate actual costs for activities in progress and estimates for uncompleted tasks and advise the Owner and Architect as to variances between actual and budgeted or estimated costs. If the Contractor is required to submit a Control Estimate, the Construction Manager shall meet with the Owner and Contractor to review the Control Estimate. The Construction Manager shall promptly notify the Contractor if there are any inconsistencies or inaccuracies in the information presented. The Construction Manager shall also report the Contractor's cost control information to the Owner. AIA Document C132TM — 2009 `rformerly B801 TMCMa —1992). Copyright © 1973, 1980, 1992 and 2009 by The American Institute of Architects. All rights Init. reserved. WARNING: This AW Document is protected by U.S. Copyright Law and International Treaties, Unauthorized reproduction or distribution of 8 this Ale Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under f the law. This document was produced by AIA software at 14:45:18 on 04/30/2014 under Order No.6527595385_1 which expires on 01/07/2015, and is not for resale. User Notes: (1299019628) § 3.3.11 The Construction Manager shall develop cash flow reports and forecasts for the Project. § 3.3.12 The Construction Manager shall maintain accounting records on authorized Work performed under unit costs, additional Work performed on the basis of actual costs of labor and materials, and other Work requiring accounting records. § 3.3.12.1 The Construction Manager shall develop and implement procedures for the review and processing of Applications for Payment by Multiple Prime Contractors for progress and final payments. § 3.3.12.2 Not more frequently than monthly, the Construction Manager shall review and certify the amounts due the respective Contractors as follows: .1 Where there is only one Contractor responsible for performing the Work, the Construction Manager shall, within seven days after the Construction Manager receives the Contractor's Application for Payment, review the Application, certify the amount the Construction Manager determines is due the Contractor, and forward the Contractor's Application and Certificate for Payment to the Architect. .2 Where there are Multiple Prime Contractors responsible for performing different portions of the Project, the Construction Manager shall, within seven days after the Construction Manager receives each Contractor's Application for Payment: (1) review the Applications and certify the amount the Construction Manager determines is due each Contractor, (2) prepare a Summary of Contractors' Applications for Payment by summarizing information fi•om each Contractor's Application for Payment, (3) prepare a Project Application and Certificate for Payment, (4) certify the total amount the Construction Manager determines is due all Multiple Prime Contractors collectively, and (5) forward the Summary of Contractors' Applications for Payment and Project Application and Certificate for Payment to the Architect. § 3.3.12.3 The Construction Manager's certification for payment shall constitute a representation to the Owner, based on the Construction Manager's evaluations of the Work and on the data comprising the Contractors' Applications for Payment, that, to the best of the Construction Manager's knowledge, information and belief, the Work has progressed to the point indicated and the quality of the Work is in accordance with the Contract Documents. The foregoing representations are subject to an evaluation of the Work for conformance with the Contract Documents upon Substantial Completion, to results of subsequent tests and inspections, to correction of minor deviations from the Contract Documents prior to completion and to specific qualifications expressed by the Construction Manager. The issuance of a Certificate for Payment shall further constitute a recommendation to the Architect and Owner that the Contractor be paid the amount certified. § 3.3.12.4 The certification of an Application for Payment or a Project Application for Payment by the Construction Manager shall not be a representation that the Construction Manager has (1) made exhaustive or continuous on-site inspections to check the quality or quantity of the Work; (2) reviewed construction means, methods, techniques, sequences for the Contractor's own Work, or procedures; (3) reviewed copies of requisitions received from Subcontractors and material suppliers and other data requested by the Owner to substantiate the Contractor's right to payment; or (4) ascertained how or for what purpose the Contractor has used money previously paid on account of the Contract Sum. § 3.3.13 The Construction Manager shall review the safety programs developed by each of the Multiple Prime Contractors solely and exclusively for purposes of coordinating the safety programs with those of the other Contractors and for making recommendations to the Owner for any safety programs not included in the Work of the Multiple Prime Contractors. The Construction Manager's responsibilities for coordination of safety programs shall not extend to direct control over or charge of the acts or omissions of the Contractor, Multiple Prime Contractors, Subcontractors, agents or employees of the Contractors or Multiple Prime Contractors or Subcontractors, or any other persons performing portions of the Work and not directly employed by the Construction Manager. § 3.3.14 The Construction Manager shall determine in general that the Work of each Contractor is being performed in accordance with the requirements of the Contract Documents and notify the Owner, Contractor and Architect of defects and deficiencies in the Work. The Construction Manager shall have the authority to reject Work that does not conform to the Contract Documents and shall notify the Architect about the rejection. The failure of the Construction Manager to reject Work shall not constitute the acceptance of the Work. The Construction Manager shall record any rejection of Work in its daily log and include information regarding the rejected Work in its progress reports to the AIA Document C132TM — 2009 `rformerly B801 TMCMa —1992). Copyright © 1973, 1980, 1992 and 2009 by The American Institute of Architects. All rights [nit, reserved. WARNING: This AIA' Document is protected by U.S. Copyright Law and International Treaties, Unauthorized reproduction or distribution of this Ale Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible sender the law- This document was produced by AIA software at 14:45:18 on 04/30/2014 under Order No.6527595385_1 which expires on 01/07/2015, and is not for resale. User Notes: (1299019628) Architect and Owner pursuant to Section 3.3.20.1. Upon written authorization from the Owner, the Construction Manager may require and make arrangements for additional inspection or testing of the Work in accordance with the provisions of the Contract Documents, whether or not such Work is fabricated, installed or completed, and the Construction Manager shall give timely notice to the Architect of when and where the tests and inspections are to be made so that the Architect may be present for such procedures. § 3.3.15 The Construction Manager shall advise and consult with the Owner and Architect during the performance of its Construction Phase Services. The Construction Manager shall have authority to act on behalf of the Owner only to the extent provided in this Agreement. The Construction Manager shall not have control over, charge of, or responsibility for the construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work of each of the Contractors, since these are solely the Contractor's rights and responsibilities under the Contract Documents. The Construction Manager shall not be responsible for a Contractor's failure to perform the Work in accordance with the requirements of the Contract Documents, The Construction Manager shall be responsible for the Construction Manager'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 or Multiple Prime Contractors, Subcontractors, or their agents or employees, or any other persons or any other persons or entities performing portions of the Work. § 3.3.16 The Construction Manager shall transmit to the Architect requests for interpretations and requests for information of the meaning and intent of the Drawings and Specifications with its written recommendation, and assist in the resolution of questions that may arise. § 3.3.17 The Construction Manager shall review requests for changes, assist in negotiating Contractors' proposals, submit recommendations to the Architect and Owner, and, if they are accepted, prepare Change Orders and Construction Change Directives that incorporate the Architect's modifications to the Contract Documents. § 3.3.18 The Construction Manager shall assist the Initial Decision Maker in the review, evaluation and documentation of Claims, subject to Section 4.3.1.7. § 3.3.19 Utilizing the submittal schedules provided by each Contractor, the Construction Manager shall prepare, and revise as necessary, a Project submittal schedule incorporating information fi•om the Owner, Owner's consultants, Owner's separate contractors and vendors, governmental agencies, and all other participants in the Project under the management of the Construction Manager. The Project submittal schedule and any revisions shall be submitted to the Architect for approval. The Construction Manager shall promptly review all Shop Drawings, Product Data, Samples and other submittals from the Multiple Prime Contractors for compliance with the submittal requirements of the Contract, coordinate submittals with information contained in related documents, and transmit to the Architect those that the Construction Manager recommends for approval. The Construction Manager's actions shall be taken in accordance with the Project submittal schedule approved by the Architect, or in the absence of an approved Project submittal schedule, with such reasonable promptness as to cause no delay in the Work or in the activities of the Contractor, other Multiple Prime Contractors, the Owner, or the Architect. § 3.3.20 The Construction Manager shall keep a daily log containing a record of weather, each Contractor's Work on the site, number of workers, identification of equipment, Work accomplished, problems encountered, and other similar relevant data as the Owner may require. § 3.3.20.1 The Construction Manager shall record the progress of the Project. On a monthly basis, or otherwise as agreed to by the Owner, the Construction Manager shall submit written progress reports to the Owner and Architect, showing percentages of completion and other information identified below: .1 Work completed for the period; .2 Project schedule status; .3 Submittal schedule and status report, including a summary of remaining and outstanding submittals; .4 Request for information, Change Order, and Construction Change Directive status reports; .5 Tests and inspection reports; .6 Status report of nonconforming and rejected Work; .7 Daily logs; .8 Summary of all Multiple Prime Contractors' Applications for Payment; AIA Document C1321M — 2009 formerly 8801 TM'CMa —1992). Copyright© 1973, 1980, 1992 and 2009 by The American Institute of Architects. All rights Inst. reserved. WARMNIG: This AIA 9Docu€hent is protected by U.S. Copyright Law and international Treaties, Unauthorized reproduction or distribution of 10 this AIA° Document, or any portion of it, rreay result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible tinder f the lave. This document was produced by AIA software at 14:45:18 on 04/30/2014 under Order No.6527595385_1 which expires on 01/07/2015, and is not for resale. User Notes: (1299019628) .9 Cumulative total of the Cost of the Work to date including the Construction Manager's compensation and reimbursable expenses at the job site, if any; .10 Any other items the Owner may require: § 3.3.20.2 in addition, for Projects constructed on the basis of the Cost of the Work, the Construction Manager shall include the following additional information in its progress reports: .1 Contractor's work force report; .2 Equipment utilization report; .3 Cost summary, comparing actual costs to updated cost estimates; and .4 Any other items as the Owner may require: § 3.3.21 Utilizing the documents provided by the Contractor, the Construction Manager shall maintain at the site one copy of all Contracts, Drawings, Specifications, addenda, Change Orders and other Modifications, in good order and marked currently to record all changes and selections made during construction, and in addition, approved Shop Drawings, Product Data, Samples and similar required submittals. The Construction Manager shall maintain records, in duplicate, of principal building layout lines, elevations of the bottom of footings, floor levels and key site elevations certified by a qualified surveyor or professional engineer. The Construction Manager shall make all such records available to the Architect and the Contractor, and upon completion of the Project, shall deliver them to the Owner. § 3.3.22 The Construction Manager shall arrange for the delivery, storage, protection and security of Owner -purchased materials, systems and equipment that are a part of the Project until such items are incorporated into the Work. § 3.3.23 With the Architect and the Owner's maintenance personnel, the Construction Manager shall observe the Contractor's or Multiple Prime Contractors' final testing and start-up of utilities, operational systems and equipment and observe any commissioning as the Contract Documents may require. § 3.3.24 When the Construction Manager considers each Contractor's Work or a designated portion thereof is substantially complete, the Construction Manager shall, jointly with the Contractor, prepare for the Architect a list of incomplete or unsatisfactory items and a schedule for their completion. The Construction Manager shall assist the Architect in conducting inspections to determine whether the Work or designated portion thereof is substantially complete. § 3.3.25 When the Work or designated portion thereof is substantially complete, the Construction Manager shall prepare, and the Construction Manager and Architect shall execute, a Certificate of Substantial Completion. The Construction Manager shall submit the executed Certificate to the Owner and Contractor. The Construction Manager shall coordinate the correction and completion of the Work. Following issuance of a Certificate of Substantial Completion of the Work or a designated portion thereof, the Construction Manager shall evaluate the completion of the Work of the Contractor or Multiple Prime Contractors and make recommendations to the Architect when Work is ready for final inspection. The Construction Manager shall assist the Architect in conducting final inspections. § 3.3.26 The Construction Manager shall forward to the Owner, with a copy to the Architect, the following information received fi•om the Contractor or Multiple Prime Contractors: (1) certificates of insurance received from the Contractor or Multiple Prime Contractors; (2) consent of surety or sureties, if any, to reduction in or partial release of retainage or the making of final payment; (3) affidavits, receipts, releases and waivers of liens or bonds indemnifying the Owner against liens; and (4) any other documentation required of the Contractor under the Contract Documents, including warranties and similar submittals. § 3.3.27 The Construction Manager shall deliver all keys, manuals, record drawings and maintenance stocks to the Owner. The Construction Manager shall forward to the Architect a final Project Application for Payment and Project Certificate for Payment or final Application for Payment and final Certificate for Payment upon the Contractor's compliance with the requirements of the Contract Documents. AIA Document C132TM — 2009 formerly B801 TMCMa — 1992). Copyright ©1973, 1980, 1992 and 2009 by The American Institute of Architects. All rights Init. reserved. MANNING: This AIA' Document Is protected by U.S. Copyright Love and International Treaties. Unauthorized reproduction or distribution of 11 this Ale Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the €vzaximurn extent possible tinder f the lase. This document was produced by AIA software at 14:45:18 on 04/30/2014 under Order No.6527595385_1 which expires on 01/07/2015, and is not for resale. User Notes: (1299019628) § 3.3.23 Duties, responsibilities and limitations of authority of the Construction Manager as set forth in the Contract Documents shall not be restricted, modified or extended without written consent of the Owner, Construction Manager, Architect, Contractor and Multiple Prime Contractors. Consent shall not be unreasonably withheld. § 3.3.29 Upon request of the Owner, and prior to the expiration of one year from the date of Substantial Completion, the Construction Manager shall, without additional compensation, conduct a meeting with the Owner to review the facility operations and performance. ARTICLE 4 ADDITIONAL SERVICES § 4.1 Additional Services listed below are not included in Basic Services but may be required for the Project. The Construction Manager shall provide the listed Additional Services only if specifically designated in the table below as the Construction Manager's responsibility, and the Owner shall compensate the Construction Manager as provided in Section 11.2. (Designate the Additional Services the Construction Manager shall provide in the second cohrnrn of the table below. In the third column indicate whether the serTice description is located in Section 4.2 or in an attached exhibit. If in an exhibit, identify the exhibit.) Services Responsibility (Constrzlction Manager, Otvner or Not Provided) Location of Service Description (Section 4.2 below or in an exhibit attached to this document and identified below) § 4.1.1 Measured drawings Not Provided § 4.1.2 Architectural interior design (B252TM-2007) Not Provided 4.1.3 Tenant -related services Not Provided § 4.1.4 Commissioning 13211Tm-2007) Not Provided § 4.1.5 LEED certification (B214TM-2007) Not Provided § 4.1.6 Furniture, furnishings, and equipment design (B253Tm-2007) Not Provided § 4.2 Insert a description of each Additional Service designated in Section 4. 1, if not further described in an exhibit attached to this document. § 4.3 Additional Services may be provided after execution of this Agreement, without invalidating this Agreement. Except for services requited due to the fault of the Construction Manager, any Additional Services provided in accordance with this Section 4.3 shall entitle the Construction Manager to compensation pursuant to Section 11.3. § 4.3.1 Upon recognizing the need to perform the following Additional Services, the Construction Manager shall notify the Owner with reasonable promptness and explain the facts and circumstances giving rise to the need. The Construction Manager shall not proceed to provide the following services until the Construction Manager receives the Owner's written authorization: .1 Services necessitated by a change in the Initial Information, previous instructions or approvals given by the Owner, or a material change in the Project including, but not limited to, size, quality, complexity, the Owner's schedule or budget for Cost of the Work, or procurement or delivery method, or bid packages in addition to those listed in Section 1.1.6; .2 Services necessitated by the enactment or revision of codes, laws or regulations or official interpretations after the date of this Agreement; .3 Preparation of documentation for alternate bid or proposal requests proposed by the Owner; .4 Preparation for, and attendance at, a public presentation, meeting or hearing; .5 Preparation for, and attendance at a dispute resolution proceeding or legal proceeding, except where the Construction Manager is party thereto; .6 Providing consultation concerning replacement of Work resulting from fire or other cause during construction and furnishing services required in connection with the replacement of such Work; .7 Assistance to the Initial Decision Maker, if other than the Architect; or AIA Document C132TM —2009 formerly 8801 TMCMa —1992). Copyright ©1973, 1980, 1992 and 2009 by The American Institute of Architects. All rights Init. reserved. WARNING: This AIA' Document is protected by U.S. Copyright Law and International Treaties, Unauthorized reproduction or distribution of 12 this AIA° Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximurn extent possible under t the law. This document was produced by AIA software at 14:45:18 on 04/30/2014 under Order No.6527595385_1 which expires on 01/07/2015, and is not for resale. User Notes: (1299019628) .8 Service as the Initial Decision Maker. § 4.3.2 To avoid delay in the Construction Phase, the Construction Manager shall provide the following Additional Services, notify the Owner with reasonable promptness, and explain the facts and circumstances giving rise to the need. If the Owner subsequently determines that all or parts of those services are not required, the Owner shall give prompt written notice to the Construction Manager, and the Owner shall have no firrther obligation to compensate the Construction Manager for those services: .1 Services in evaluating an extensive number of Claims submitted by a Contractor or others in connection with the Work when the Architect is serving as the Initial Decision Maker. .2 To the extent the Construction Manager's Basic Services are affected, providing Construction Phase Services 60 days after (1) the date of Substantial Completion of the Work or (2) the anticipated date of Substantial Completion, identified in Initial Information, whichever is earlier. .3 Services required in an emergency to coordinate the activities of a Contractor or Multiple Prime Contractors in the event of risk of personal injury or serious property damage, consistent with Section 3.3.13. § 4.3.3 If the services covered by this Agreement have not been completed within Sixteen ( 16 ) months of the date of this Agreement, through no fault of the Construction Manager, extension of the Construction Manager's services beyond that time shall be compensated as Additional Services. ARTICLE 5 OWNER'S RESPONSIBILITIES § 5.1 Unless otherwise provided for under this Agreement, the Owner shall provide information in a timely manner regarding requirements for and limitations on the Project, including the Owner's program, other objectives, schedule, constraints and criteria, special equipment, systems, and site requirements. Within 15 days after receipt of a written request from the Construction Manager, the Owner shall furnish the requested information as necessary and relevant for the Construction Manager to evaluate, give notice of, or enforce any lien rights, if any. § 5.2 The Owner shall establish and periodically update the Owner's budget for the Project, including (1) the budget for the Cost of the Work as defined in Section 6.1, (2) the Owner's other costs, and (3) reasonable contingencies related to all of these costs. If the Owner significantly increases or decreases the Owner's budget for the Cost of the Work, the Owner shall notify the Construction Manager and Architect. The Owner and the Architect, in consultation with the Construction Manager, shall thereafter agree to a corresponding change in the budget for the Cost of the Work or in the Project's scope and quality. § 5.3 The Owner acknowledges that accelerated, phased or fast-track scheduling provides a benefit, but also carries with it the risk of additional costs. If the Owner selects accelerated, phased or fast-track scheduling, the Owner agrees to include in the budget for the Project sufficient contingencies to cover such costs. § 5.4 The Owner shall retain an Architect to provide services, duties and responsibilities as described in AIA Document B132-2009, Standard Form of Agreement Between Owner and Architect, Construction Manager as Adviser Edition. The Owner shall provide the Construction Manager a copy of the executed agreement between the Owner and Architect, and any further modifications to the agreement. § 5.5 The Owner shall identify a representative authorized to act on the Owner's behalf with respect to the Project. The Owner shall render decisions pertaining to documents the Construction Manager submits in a timely manner in order to avoid unreasonable delay in the orderly and sequential progress of the Construction Manager's services. § 5.6 Unless provided by the Construction Manager, the Owner shall 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 surveys and legal information shall include, as applicable, grades and lines of streets, alleys, pavements and adjoining property and structures; designated wetlands; adjacent drainage; rights-of-way, restrictions, easements, encroachments, zoning, deed restrictions, boundaries and contours of the site; locations, dimensions 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. AIA Document C132TM —2009 formerly B801 TMCMa —1992). Copyright ©1973, 1980, 1992 and 2009 by The American Institute of Architects. All rights Init. reserved. WARNING: 'This AIA Document is protected by LLS, Copyright Law and International Treaties. Unauthorized reproduction or distribution of 13 this AlAe Coeument, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 14:45:18 on 04/30/2014 under Order No.6527595385_1 which expires on 01/07/2015, and is not for resale. User Notes: (1299019628) § 5.7 Unless provided by the Construction Manager, 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, evaluations of hazardous materials, seismic evaluation, ground corrosion tests and resistivity tests, including necessary operations for anticipating subsoil conditions, with written reports and appropriate recommendations. § 5.8 The Owner shall coordinate the services of its own consultants with those services provided by the Construction Manager. Upon the Construction Manager's request, the Owner shall furnish copies of the scope of services in the contracts between the Owner and the Owner's consultants. The Owner shall furnish the services of consultants other than those designated in this Agreement, or authorize the Construction Manager to furnish them as an Additional Service, when the Construction Manager requests such services and demonstrates that they are reasonably required by the scope of the Project. The Owner shall require that its consultants maintain professional liability insurance and other liability insurance as appropriate to the services provided. § 5.9 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. § 5.10 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. § 5.11 The Owner shall provide prompt written notice to the Construction Manager and Architect if the Owner becomes aware of any fault or defect in Project, including errors, omissions or inconsistencies in the Architect's Instruments of Service or any fault or defect in the Construction Manager's services. § 5.12 The Owner reserves the right to perform construction and operations related to the Project with the Owner's own forces, and to award contracts in connection with the Project which are not part of the Construction Manager's responsibilities under this Agreement. The Construction Manager shall notify the Owner if any such independent action will interfere with the Construction Manager's ability to perform the Construction Manager's responsibilities under this Agreement. When performing construction or operations related to the Project, the Owner agrees to be subject to the same obligations and to have the same rights as the Contractors. § 5.13 Except as otherwise provided in this Agreement, or when direct communications have been specially authorized, the Owner shall endeavor to communicate with the Contractor and the Construction Manager's consultants through the Construction Manager about matters arising out of or relating to the Contract Documents. The Owner shall promptly notify the Construction Manager of any direct communications that may affect the Construction Manager's services. § 5.14 Before executing the Contract for Construction, the Owner shall coordinate the Construction Manager's duties and responsibilities set forth in the Contract for Construction with the Construction Manager's services set forth in this Agreement. The Owner shall provide the Construction Manager a copy of the executed agreements between the Owner and Contractors, including the General Conditions of the Contracts for Construction. § 5.15 The Owner shall provide the Construction Manager access to the Project site prior to commencement of the Work and shall obligate the Contractor to provide the Construction Manager access to the Work wherever it is in preparation or progress. ARTICLE 6 COST OF THE WORK § 6.1 For purposes of this Agreement, the Cost of the Work shall be the total cost to the Owner to construct all elements of the Project designed or specified by the Architect and shall include the contractors' general conditions costs, overhead and profit. The Cost of the Work includes the compensation of the Construction Manager and Construction Manager's Consultants during the Construction Phase only, including compensation for reimbursable expenses at the job site, if any. The Cost of the Work does not include the compensation of the Architect, the costs of the land, rights-of-way, financing, contingencies for changes in the Work or other costs that are the responsibility of the Owner. § 6.2 The Owner's budget for the Cost of the Work is provided in Initial Information, and may be adjusted throughout the Project as required under Sections 5.2 and 6.4. Evaluations of the Owner's budget, preliminary estimates for the Cost of the Work and detailed estimates of the Cost of the Work prepared by the Construction Manager represent the AIA Document C132T"' — 2009 formerly 8801 T"'CMa —1992). Copyright © 1973, 1980, 1992 and 2009 by The American Institute of Architects. All rights [nit. reserved. WARNING- "this AIADocrunent is protected by U,8, Copyright taw and International Treatises. unauthorized reproducflon or distribution of 14 this Ale Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximurn extent possible under the law. This document was produced by AIA software at 14:45:18 on 04/30/2014 under Order No.6527595385_1 which expires on 01/07/2015, and is not for resale. User Notes: (1299019628) Construction Manager's judgment as a person or entity familiar with the construction industry It is recognized, however, that neither the Construction Manager nor the Owner has control over the cost of labor, materials or equipment, over Contractors' methods of determining bid prices, or over competitive bidding, market or negotiating conditions. Accordingly, the Construction Manager cannot and does not warrant or represent that bids or negotiated prices will not vary from the budget proposed, established or approved by the Owner, or from any cost estimate or evaluation prepared by the Construction Manager. § 6.3 If the Architect is providing detailed cost estimating services as an Additional Service, and a discrepancy exists between the Construction Manager's cost estimates and the Architect's cost estimates, the Architect and the Construction Manager shall work cooperatively to conform the cost estimates to one another. § 6.4 If, prior to the conclusion of the Design Development Phase, the Construction Manager's estimate of the Cost of the Work exceeds the Owner's budget for the Cost of the Work, the Construction Manager, in consultation with the Architect, shall make appropriate recommendations to the Owner to adjust the Project's size, quality or budget, and the Owner shall cooperate with the Construction Manager and Architect in making such adjustments. § 6.5 If the estimate of the Cost of the Work at the conclusion of the Design Development Phase exceeds the Owner's budget for the Cost of the Work, the Owner shall .1 give written approval of an increase in the budget for the Cost of the Work; .2 in consultation with the Construction Manager and Architect, revise the Project program, scope, or quality as required to reduce the Cost of the Work; or .3 implement any other mutually acceptable alternative. ARTICLE 7 COPYRIGHTS AND LICENSES The Construction Manager and the Construction Manager's consultants, if any, shall not own or claim a copyright in the Instruments of Service. The Construction Manager, the Construction Manager's consultants, if any, and the Owner warrant that in transmitting Instruments of Service, or any other information, the transmitting party is the copyright owner of such information or has permission from the copyright owner to transmit such information for its use on the Project. If the Owner and Construction Manager intend to transmit Instruments of Service or any other information or documentation in digital form, they shall endeavor to establish necessary protocols governing such transmissions. ARTICLE 8 CLAIMS AND DISPUTES § 8.1 General § 8.1.1 The Owner and Construction Manager shall commence all claims and causes of action, whether in contract, tort, or otherwise, against the other arising out of or related to this Agreement in accordance with the requirements of the method of binding dispute resolution selected in this Agreement within the period specified by applicable law, but in any case not more than 10 years after the date of Substantial Completion of the Work. The Owner and Construction Manager waive all claims and causes of action not commenced in accordance with this Section 8.1.1. § 8.1.2 To the extent damages are covered by property insurance, the Owner and Construction Manager 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 AIA Document A232-2009, General Conditions of the Contract for Construction. The Owner or the Construction Manager, 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. § 8.1.3 The Construction Manager shall indemnify and hold the Owner and the Owner's officers and employees harmless from and against damages, losses and judgments arising from claims by third parties, including reasonable attorneys' fees and expenses recoverable under applicable law, but only to the extent they are caused by the negligent acts or omissions of the Construction Manager, its employees and its consultants in the performance of professional services under this Agreement. The Construction Manager's duty to indemnify the Owner under this provision shall be limited to the available proceeds of insurance coverage. § 8.1.4 The Construction Manager and 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 of this Agreement, except as specifically provided in Section 9.7. AIA Document C132TM — 2009 formerly B801 TMCMa —1992). Copyright ©1973, 1980, 1992 and 2009 by The American Institute of Architects. All rights Init. reserved. WARNING: This AIADocument is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of 15 this Ale Document; or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This documentwas produced by AIA software at 14:45:18 on 04/30/2014 under Order No.6527595385_1 which expires on 01/07/2015, and is not for resale. User Notes: (1299019628) § 8.2 Mediation § 8.2.1 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 binding dispute resolution. If such matter relates to or is the subject of a lien arising out of the Construction Manager's services, the Construction Manager 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 binding dispute resolution. § 8.2.2 The Owner and Construction Manager shall endeavor to resolve claims, disputes and other matters in question between them by mediation which, unless the parties mutually agree otherwise, shall be administered by the American Arbitration Association in accordance with its Construction Industry Mediation Procedures in effect on the date of the Agreement. A request for mediation shall be made in writing, delivered to the other party to the Agreement, and filed with the person or entity administering the mediation. The request may be made concurrently with the filing of a complaint or other appropriate demand for binding dispute resolution but, in such event, mediation shall proceed in advance of binding dispute resolution proceedings, which shall be stayed pending mediation for a period of 60 days from the date of filing, unless stayed for a longer period by agreement of the parties or court order. If an arbitration proceeding is stayed pursuant to this section, the parties may nonetheless proceed to the selection of the arbitrator(s) and agree upon a schedule for later proceedings. § 8.2.3 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. § 8.2.4 If the parties do not resolve a dispute through mediation pursuant to this Section 8.2, the method of binding dispute resolution shall be the following: (Check the appropriate box. If the Owner and Construction Manager do not select a method of binding dispute resolution below, or do not subsequently agree in writing to a binding dispute resolution method other than litigation, the dispute will be resolved in a court of competent jurisdiction) [ ] Arbitration pursuant to Section 8.3 of this Agreement [ X ] Litigation in a court of competent jurisdiction [ ] Other: (Specify) § 8.3 Arbitration § 8.3.1 If the parties have selected arbitration as the method for binding dispute resolution in this Agreement any claim, dispute or other matter in question arising out of or related to this Agreement subject to, but not resolved by, mediation shall be subject to arbitration which, unless the parties mutually agree otherwise, shall be administered by the American Arbitration Association in accordance with its Construction Industry Arbitration Rules in effect on the date of the Agreement. A demand for arbitration shall be made in writing, delivered to the other party to this Agreement, and filed with the person or entity administering the arbitration. § 8.3.1.1 A demand for arbitration shall be made no earlier than concurrently with the filing of a request for mediation, but in no event shall it be made after the date when the institution of legal or equitable proceedings based on the claim, dispute or other matter in question would be barred by the applicable statute of limitations. For statute of limitations purposes, receipt of a written demand for arbitration by the person or entity administering the arbitration shall constitute the institution of legal or equitable proceedings based on the claim, dispute or other matter in question. § 8.3.2 The foregoing agreement to arbitrate and other agreements to arbitrate with an additional person or entity duty consented to by parties to this Agreement shall be specifically enforceable in accordance with applicable law in any court having jurisdiction thereof. § 8.3.3 The award rendered by the arbitrator(s) shall be final, and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereof. AIA Document C132TM — 2009 formerly B801 TMCMa —1992). Copyright© 1973, 1980, 1992 and 2009 by The American Institute of Architects. All rights Init. reserved. WARNING: This AIADocument is protected by U.S. Copyright Law and international Treaties, Unauthorized reproduction or distribution of 16 this AIA` Document, or any portion of it; may result in severe civil and criminal penalties, and will be prosecuted to the rnaxiimrun extent possible under t the lay. This document was produced by AIA software at 14:45:18 on 04/30/2014 under Order No.6527595385_1 which expires on 01/07/2015, and is not for resale. User Notes: (1299019628) § 8.3.4 Consolidation or Joinder § 8.3.4.1 Either party, at its sole discretion, may consolidate an arbitration conducted under this Agreement with any other arbitration to which it is a party provided that (1) the arbitration agreement governing the other arbitration permits consolidation, (2) the arbitrations to be consolidated substantially involve common questions of law or fact, and (3) the arbitrations employ materially similar procedural rules and methods for selecting arbitrator(s). § 8.3.4.2 Either party, at its sole discretion, may include by joinder persons or entities substantially involved in a common question of law or fact whose presence is required if complete relief is to be accorded in arbitration, provided that the party sought to be joined consents in writing to such joinder. Consent to arbitration involving an additional person or entity shall not constitute consent to arbitration of any claim, dispute or other matter in question not described in the written consent. § 8.3.4.3 The Owner and Construction Manager grant to any person or entity made a party to an arbitration conducted under this Section 8.3, whether by joinder or consolidation, the same rights of joinder and consolidation as the Owner and Construction Manager under this Agreement. ARTICLE 9 TERMINATION OR SUSPENSION § 9.1 If the Owner fails to make payments to the Construction Manager in accordance with this Agreement, such failure shall be considered substantial nonperformance and cause for termination or, at the Construction Manager's option, cause for suspension of performance of services under this Agreement. If the Construction Manager elects to suspend services, the Construction Manager shall give seven days' written notice to the Owner before suspending services. In the event of a suspension of services, the Construction Manager shall have no liability to the Owner for delay or damage caused the Owner because of such suspension of services. Before resuming services, the Construction Manager shall be paid all sums due prior to suspension and any expenses incurred in the interruption and resumption of the Construction Manager's services. The Construction Manager's fees for the remaining services and the time schedules shall be equitably adjusted. § 9.2 If the Owner suspends the Project, the Construction Manager shall be compensated for services performed prior to notice of such suspension. When the Project is resumed, the Construction Manager shall be compensated for expenses incurred in the interruption and resumption of the Construction Manager's services. The Construction Manager's fees for the remaining services and the time schedules shall be equitably adjusted. § 9.3 If the Owner suspends the Project for more than 90 cumulative days for reasons other than the fault of the Construction Manager, the Construction Manager may terminate this Agreement by giving not less than seven days' written notice. § 9.4 Either party may terminate this Agreement upon not less than seven days' written notice should the other party fail substantially to perform in accordance with the terms of this Agreement through no fault of the party initiating the termination. § 9.5 The Owner may terminate this Agreement upon not less than seven days' written notice to the Construction Manager for the Owner's convenience and without cause. § 9.6 In the event of termination not the fault of the Construction Manager, the Construction Manager shall be compensated for services performed prior to termination, together with Reimbursable Expenses then due and all Termination Expenses as defined in Section 9.7. § 9.7 Termination Expenses are in addition to compensation for the Construction Manager's services and include expenses directly attributable to termination for which the Construction Manager is not otherwise compensated, plus an amount for the Construction Manager's anticipated profit on the value of the services not performed by the Construction Manager, as set forth below. § 9.7.1 In the event of termination for the Owner's convenience prior to commencement of construction, the Construction Manager shall be entitled to receive payment for services performed, costs incurred by reason of such termination and reasonable overhead and profit on Preconstruction services not completed during the Preconstruction Phase. AIA Document C132TM — 2009 formerly B801 TMCMa —1992). Copyright © 1973, 1980, 1992 and 2009 by The American Institute of Architects. All rights Init. reserved. WARNING: This AW Document is protected by U.S. Copyright Law and International Treaties. unauthorized reproductions or distribution of 17 this AIA® Document, or any portion of it, may result in severe civil and crirninal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 14:45:18 on 04/30/2014 under Order No.6527595385_1 which expires on 01/07/2015, and is not for resale. User Notes: (1299019628) § 9.7.2 In the event of termination for the Owner's convenience after commencement of construction, the Construction Manager shall be entitled to receive payment for services performed and costs incurred by reason of such termination, along with reasonable overhead and profit on services not completed during the Construction Phase. ARTICLE 10 MISCELLANEOUS PROVISIONS § 10.1 This Agreement shall be governed by the law of the place where the Project is located, except that if the parties have selected arbitration as the method of binding dispute resolution, the Federal Arbitration Act shall govern Section 8.3. § 10.2 Terms in this Agreement shall have the same meaning as those in AIA Document A232-2009, General Conditions of the Contract for Construction, except for purposes of this Agreement, the term "Work" shall include the work of all Contractors under the administration of the Construction Manager. § 10.3 The Owner and Construction Manager, respectively, bind themselves, their agents, successors, assigns and legal representatives to this Agreement. Neither the Owner nor the Construction Manager shall assign this Agreement without the written consent of the other, except that the Owner may assign this Agreement to a lender providing financing for the Project if the lender agrees to assume the Owner's rights and obligations under this Agreement. § 10.4 If the Owner requests the Construction Manager to execute certificates, the proposed language of such certificates shall be submitted to the Construction Manager for review at least 14 days prior to the requested dates of execution. If the Owner requests the Construction Manager to execute consents reasonably required to facilitate assignment to a lender, the Construction Manager shall execute all such consents that are consistent with this Agreement, provided the proposed consent is submitted to the Construction Manager for review at least 14 days prior to execution. The Construction Manager shall not be required to execute certificates or consents that would require knowledge, services or responsibilities beyond the scope of this Agreement. § 10.5 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 Construction Manager. § 10.6 Unless otherwise required in this Agreement, the Construction Manager 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. § 10.7 The Construction Manager shall have the right to include photographic or artistic representations of the design of the Project among the Construction Manager's promotional and professional materials. The Construction Manager shall be given reasonable access to the completed Project to make such representations. However, the Construction Manager's materials shall not include the Owner's confidential or proprietary information if the Owner has previously advised the Construction Manager in writing of the specific information considered by the Owner to be confidential or proprietary. The Owner shall provide professional credit for the Construction Manager in the Owner's promotional materials for the Project. § 10.8 If the Construction Manager or Owner receives information specifically designated by the other party as "confidential" or "business proprietary," the receiving party shall keep such information strictly confidential and shall not disclose it to any other person except to (1) its employees, (2) those who need to know the content of such information in order to perform services or construction solely and exclusively for the Project, or (3) its consultants and contractors whose contracts include similar restrictions on the use of confidential information. ARTICLE 11 COMPENSATION § 11.1 For the Construction Manager's Basic Services described under Article 3, the Owner shall compensate the Construction Manager as follows: § 11.1.1 For Preconstruction Phase Services in Section 3.2: (Insert amount of, or• basis for, compensation, inchrding stipulated sums, nurltiples or percentages) 20% of Total Fee as Identified in Article 11.1.2. (In the event the project does not get funded for construction, the preconstruction fee will be fixed at $15,750.00) AIA Document C132TM —2009 formerly BOO 1 T'"CMa —1992). Copyright © 1973, 1980, 1992 and 2009 by The American Institute of Architects. All rights Init. reserved. WARNING; Thls AIA Document is protected by U.S. Copyright Law and international Treaties. Unauthorized reproduction or distribution of 18 this AleDocument, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the nmximurn extent possible sander t the law, This document was produced by AIA software at 14:45:18 on 04/30/2014 under Order No.6527595385_1 which expires on 01/07/2015, and is not for resale. User Notes: (1299019628) § 11.1.2 For Construction Phase Services in Section 3.3: (Insert amount of, op basis for, compensation, including stipulated sums, multiples or percentages.) Construction Management Fee is 5.25% of the total construction cost (this fee will become fixed when the design program and initial estimate have been defined). (The total fee will be split 20% Pre -Construction Services and 80% Construction Services.) § 11.2 For Additional Services designated in Section 4. 1, the Owner shall compensate the Construction Manager as follows: (Insert amount of, or basis for, compensation. If necessary, list specie services to which particular methods of compensation apply.) 5.25% Fee plus all Direct Costs and Reimbursables § 11.3 For Additional Services that may arise during the course of the Project, including those under Section 4.3, the Owner shall compensate the Construction Manager as follows: (Insert amount of, or basis for, compensation.) 5.25% Fee plus all Direct Costs and Reimbursables § 11.4 Compensation for Additional Services of the Construction Manager's consultants when not included in Sections 11.2 or 11.3, shall be the amount invoiced to the Construction Manager plus percent( %), or as otherwise stated below: 5.25% Fee plus all Direct Costs and Reimbursables § 11.5 The hourly billing rates for services of the Construction Manager and the Construction Manager's consultants, if any, are set forth below. The rates shall be adjusted in accordance with the Construction Manager's and Construction Manager's consultants' normal review practices. (If applicable, attach an exhibit of hourly billing rates or insert them below) Employee or Category Rate ($0.00) Superintendent $65.50 / Hour General Foreman $52.00 / Hour Project Engineer $80.00 / Hour § 11.6 Compensation for Reimbursable Expenses § 11.6.1 Reimbursable Expenses are in addition to compensation for Basic and Additional Services and include expenses incurred by the Construction Manager and the Construction Manager's consultants directly related to the Project, as follows: .1 Transportation and authorized out-of-town travel and subsistence; .2 Long distance services, dedicated data and communication services, teleconferences, Project Web sites, and extranets; .3 Fees paid for securing approval of authorities having jurisdiction over the Project; .4 Printing, reproductions, plots, standard form documents; .5 Postage, handling and delivery; .6 Expense of overtime work requiring higher than regular rates, if authorized in advance by the Owner; .7 Professional photography, and presentation materials requested by the Owner; .8 Construction Manager's consultant's expense of professional liability insurance dedicated exclusively to this Project, or the expense of additional insurance coverage or limits if the Owner requests such insurance in excess of that normally carried by the Construction Manager's consultants; .9 All taxes levied on professional services and on reimbursable expenses; .10 Site office expenses; and .11 Other similar Project -related expenditures. AIA Document C132TM — 2009 formerly B801 TMCMa —1992). Copyright ©1973, 1980, 1992 and 2009 by The American Institute of Architects. All rights Init. reserved. WARNING: This AW Document is protected by C.& Copyright Law and International Treaties. Unauthorized reproduction or distribution of 19 this Ale Document, or any portion of it, may result In severe civil and criminal penalties, and will be prosecuted to the maximurn extent possible under t the law. This document was produced by AIA software at 14:45:18 on 04/30/2014 under Order No.6527595385_1 which expires on 01107/2015, and is not for resale. User Notes: (1299019628) .12 See Exhibit A Attached § 11.6.2 For Reimbursable Expenses the compensation shall be the expenses incurred by the Construction Manager and the Construction Manager's consultants plus Zero percent ( 0.00 %) of the expenses incurred. § 11.7 Payments to the Construction Manager § 11.7.1 An initial payment of Zero Dollars and Zero Cents ($ 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 in the final invoice. § 11.7.2 Unless otherwise agreed, payments for services shall be made monthly in proportion to services performed. Payments are due and payable upon presentation of the Construction Manager's invoice. Amounts unpaid Twenty-one ( 21 ) days after the invoice date shall bear interest at the rate entered below, or in the absence thereof at the legal rate prevailing from time to time at the principal place of business of the Construction Manager. (Insert rate of monthly or annrtal interest agreed upon.) 3/4 of I% per month % § 11.7.3 The Owner shall not withhold amounts from the Construction Manager's compensation to impose a penalty or liquidated damages on the Construction Manager, or to offset sums requested by or paid to Contractors for the cost of changes in the Work unless the Construction Manager agrees or has been found liable for the amounts in a binding dispute resolution proceeding. § 11.7.4 Records of Reimbursable Expenses, expenses pertaining to Additional Services, and services performed on the basis of hourly rates shall be available to the Owner at mutually convenient times. ARTICLE 12 SPECIAL TERMS AND CONDITIONS Special terms and conditions that modify this Agreement are as follows: The Construction Manager is required to provide 100% Performance and Payment Bonds in the amount of the Construction Manager's Compensation Fee and General Conditions. ARTICLE 13 SCOPE OF THE AGREEMENT § 13.1 This Agreement represents the entire and integrated agreement between the Owner and the Construction Manager and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be amended only by written instrument signed by both Owner and Construction Manager. § 13.2 This Agreement is comprised of the following documents listed below: .1 AIA Document C132TM-2009, Standard Form Agreement Between Owner and Construction Manager as Adviser .2 AIA Document E20 IT" -2007, Digital Data Protocol Exhibit, if completed, or the following: N/A .3 AIA Document E202TM-2008, Building Information Modeling Protocol Exhibit, if completed, or the following: N/A .4 Other documents: (List other documents, if any, including additional scopes ofservice forming part of the Agreement.) AIA A232-2009 General Conditions of the Contract for Construction, Construction Manager as Adviser Edition Supplemental General Conditions to the AIA A232-2009 General Conditions of the Contract for Construction Exhibit A AIA Document C132TM — 2009 formerly 8801 TMCMa —1992). Copyright ©1973, 1980, 1992 and 2009 by The American Institute of Architects. All rights Init. reserved. WARNING. This AIA: Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of 20 this AlA° Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent passible under t the lawn. This document was produced by AIA software at 14:45:18 on 04/30/2014 under Order No.6527595385_1 which expires on 01/07/2015, and is not for resale. User Notes: (1299019628) This Agreement is entered into as of the day and year first written above fes_ R OWNER (Signaturek"I CONSTRUCTIONPrANAGER (Signature) U Tammy de Weerd, Mayor (Printed name and title) Michael J. Berard, Manager (Printed name and title) [nit. AIA Document C1 32TM —2009 formerly 8801 TMCMa —1992). Copyright @ 1973, 1980, 1992 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of 21 this Ale Document, or any portion of it, may result in severe civil and crifninal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 14:45:18 on 04/30/2014 under Order No.65275953851 which expires on 01/07/2015, and is not for resale. User Notes: (1299019628) General Conditions Included in Fee Reimbursable Expenses Rersonnel & Services President x Vice President x Sr. Project Manager x Project Managers x Contract Administrator x Accountant x Administrative Assistant x Pre-Construction Coordination x Strategic Planning x Estimating x Scheduling x Bid Packaging & Bidding x O & M Manuals / Warranties x One Year Walk Thru x Direct Reimbursables Superintendent x General Foreman x Project Engineer x General Liability Insurance x Professional Liability Insurance x Payment and Performance Bonds x Small Tools & Fasteners x Layout, Engineering & Surveying x Printing Costs x Federal Express / Mailing x Temporary Power x Temporary Electricity x Temporary Lighting x Temporary Water x Temporary Toilet x Temporary Phone x Temporary Fire Protection x Temporary Barricades x Safety x First Aid Supplies x Temporary Enclosures x Temporary Fencing x Job Office & Storage x Job Office Supplies x Forklift x Final Clean-up x Progressive Clean-up x Trash Haul-Off x Commissioning x www.kreizenbeck.com 11724 WEST EXECUTIVE DRIVE ® BoISE, IDAHO 83713 ® 208.336.9500 208.336.7444 ICR No. RCE -764 DATE: • 2014 PROJECT NUMBER: Approval of Task Order 10055 for "Wastewater Treatment Plant - UV Disinfection System Expansion Phase 1 Design" to CH2M Hill Engineers, Inc. for the Not -To -Exceed amount of $191,571.00 WEETIVG VOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS V1, To® Jaycee L. Holman, City Clerk, From: Keith Watts, Purchasing Manager CC: Jacy Jones, Clint Dolsby Date: 4/22/14 Re: May 6 City Council Meeting Agenda Item The Purchasing Department respectfully requests that the following item be placed on the May 6 City Council Consent Agenda for Council's consideration. Approval of Task Order 10055 for "Wastewater Treatment Plant — UV Disinfection System Expansion Phase 1 Design" to CH2M Hill Engineers in the Not -To -Exceed amount of $191,571.00. This Task Order is written against the current Master Agreement (2a) between the parties. Recommended Council Action: Approval of Task Order 10055 to CH21VI Hill Engineers, Inc. for the Not -To -Exceed amount of $191,571.00. Thank you for your consideration. 0 Page 1 TO: Mayor Tammy de Weerd Members of the City Council FROM: Clint Dolsby, P.E. Assistant City Engineer DATE: March 18, 2014 Mayor Tammy de Weerd City Council Hemberse Keith Bird Brad Hooglun Charles Rountree David iaremba SUBJE CT: TASK ORDER II. FOR THE WASTEWATER TREATMENT PLANT DISINFECTION ,; ," 1 t PHASE 1 DESIGN C112M HILL FOR A NOTTO EXCEED AMOUNT OF $191�571 PURSUANT 1THE MASTER AGREEMENT APPROVED BY CITY COUNCILDECEMBER , ,2011 A. Move to: 1. Approve Task Order 10055 with CI -12M HILL for the Wastewater Treatment Plant — UV Disinfection System Expansion Phase 1 Design, for a not -to -exceed cost of $191,571. 2. Authorize the Mayor to sign the agreement. Clint Dolsby, Asst. City Engineer (Project Manager) 489-0341 Warren Stewart, PW Engineering Manager 489-0350 John McCormick, Deputy Director of Public Works 489-0378 III. DESCRIPTION A. Background The current firm capacity of the ultraviolet disinfection system at the Wastewater Treatment Plant is 10 million gallons per day. Although it is sufficient for current flows, the UV system is the unit process in our facility with the lowest firm Page I of 3 capacity. The UV system will need to be expanded to accommodate future flow and load conditions as the City grows. Additional UV capacity is also needed to simplify the maintenance of our UV system. Even though the UV system has two channels, operation with one channel out of service during peak flows is a significant challenge. By increasing the UV system capacity, plant staff will have the ability to adequately treat peak flows through one channel while allowing the other channel to be shut down for maintenance activities. Increased disinfection capacity will ensure that the required UV dose can be delivered while maintaining compliance with the NPDES permit requirements. The project will include the design of a building to enclose the ultraviolet disinfection system to provide protection for the expensive ultraviolet disinfection equipment and protection from freezing temperatures. The building will provide greater protection from extreme temperatures and will likely increase the life of the disinfection system and reduce operation and maintenance costs. It can be heated to keep the temperatures above freezing and provides a dry environment for the equipment. The building will be architecturally similar to the Tertiary Filters Building, B. Proposed Project CH2M HILL will provide engineering services for the Phase 1 of this project design to include project definition, preliminary engineering report, equipment procurement documents and preliminary design documents for bidding. The scope of the project includes project definition to better define the components of the project that will be included in the design package, the preparation of a preliminary engineering report of the selected components of the ultraviolet disinfection project for submittal to the Idaho Department of Environmental Quality and the production of final equipment procurement documents for bidding and preliminary design documents of the selected ultraviolet disinfection components. Phase 2 of this project to be conducted in fiscal year 2015 will include final design documents for bidding. C. Consultant Selection CH2M HILL was chosen for this project due to their expertise in the design and analysis of wastewater treatment plants and their familiarity with the Meridian Wastewater Treatment Plant. IV. IMPACT A. Strate ig c Impact: This project meets our mission requirements to identify and prioritize work to anticipate, plan and provide public services and facilities that support the needs of Page 2 of 3 VI. VII. our growing community and ensure modern reliable facilities while maintaining financial stewardship. B. Service/Delivery Impact: Increased ultraviolet disinfection capacity at the Wastewater Treatment Plant will support departmental objectives to develop and employ strategies that comply with current and pending National Pollutant Discharge Elimination System Permit (NPDES). C. Fiscal Impact: Project Costs WWTP UV Disinfection System Expansion Phase 1 Design $191,571.00 Total Cost $191,571.00 Prosect Funding Fiscal Year 2014 UV Disinfection Projects (359092100) $200,000.00 Total Funding $200,000.00 Council's approval will allow this project to increase the capacity and improve the performance of the ultraviolet disinfection system at the wastewater treatment plant to be initiated in fiscal year 2014. A. Task Order No. 10055. Department Approval: ( � 1 Page 3 of 3 Pursuant to the MASTER AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN This Task Order is made this 22nd day of April, 2014 and entered into by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho, hereinafter referred to as "City", and accepted by CH2M Hill Engineers, Inc., hereinafter referred to as "Engineer" pursuant to the mutual promises, covenant and conditions contained in the Master Agreement (Category 2A) between the above mentioned parties dated December 6, 2011. The Project Name for this Task Order 10055 is as follows: Disinfection of the filtered wastewater is required to destroy microorganisms to levels less than the NPDES permit limit prior to discharging to the outfalls. The current NPDES permit has the following fecal coliform bacteria effluent limitations for both the Five Mile Creek and Boise River outfalls: • Average Monthly— 100/100 ml ® Average Weekly — 200/100 ml • Daily Maximum —800/100 ml The existing plant disinfection system consists of two Ultraviolet (UV) channels, each containing a Trojan UVTM 3000 horizontal system consisting of three banks. Each bank contains 17 modules and each module contains 8 lamps. Each bank has a capacity of 2.5 mgd. The UV channels are configured to operate in parallel. The total capacity (all six banks operating) is 15 mgd peak hour (PH). The firm capacity (five banks operating and one offline) is 12.5 mgd (PH). The equivalent maximum month values are 8.3 mgd (total capacity) and 6.9 mgd (firm capacity). For UV disinfection systems, the following reliability and redundancy requirements apply: EPA — must have 50% capacity with the largest basin out of service (multiple units required) Task Order 10055 Wastewater Treatment Plant — UV Disinfection System Expansion Phase 1 Design Page 1 of 20 CH21NIHILL Engineers, Inc. ® IDEQ — a minimum of two channels with two UV banks per channel The existing UV system meets redundancy and reliability requirements but represents the unit process with the lowest firm capacity. The UV system will need to be expanded to accommodate future flow and load conditions as the City grows. Additional UV capacity is also needed to simplify the maintenance of the UV system. Even though the UV system has two channels, operation with one channel out of service during peak flows is a significant challenge. By increasing the UV system capacity, plant staff will have the ability to adequately treat peak flows through one channel while allowing the other channel to be shut down for maintenance activities. The increased disinfection capacity provided by this enhancement will ensure that the required UV dose can be delivered while maintaining compliance with the NPDES permit requirements. The project will include the design of a building to enclose the ultraviolet disinfection system to provide protection for the expensive ultraviolet disinfection equipment and protection from freezing temperatures. The building will provide greater protection from extreme temperatures and will likely increase the life of the disinfection system and reduce operation and maintenance costs. It can be heated to keep the temperatures above freezing and provides a dry environment for the equipment. The building will be architecturally similar to the Tertiary Filters Building. ENGINEER will follow a traditional step -wise, phased approach to performing the work associated with design of the UV system. The following tasks will be performed and are more fully described in the Scope of Work section below: ® Project Definition and Alternatives Evaluation — identify target capacity and redundancy goals, develop alternatives, assist City with selecting preferred alternative to advance to design • Preliminary Engineering and Design (30 Percent Design) • Equipment Procurement — assist City with procurement of UV disinfection equipment upon which to base facility design details • Design Development Documents (60 Percent Design) ® Final Design Documents (90 Percent Design) ® Bid -Ready Documents (100 Percent Design) ® Bid Period Services — assist City with bid process for selecting a general construction contractor Task Order 10055 Wastewater Treatment Plant — UV Disinfection System Expansion Phase 1 Design Page 2 of 20 CH2MHILL Engineers, Inc. The project will be delivered in two phases to align task order budget with City fiscal year budgets. Per the list above, Phase 1 will carry the project through the Equipment Procurement task and Phase 2 will advance the project through Bid Period Services through a future task order in fiscal year 2015. SCOPE 0F WORK Task 1 ® Project Initiation and Management ® Phase 1 The purpose of this task is to manage, coordinate and lead ENGINEER Team's activities and perform administration of the project design services and project quality reviews. ENGINEER will provide the resources necessary for project initiation and management throughout this phase of the project, consisting of: e Scoping, contract review/execution, and project accounting setup. ® Prepare the Project Execution Plan (PXP) to be used to guide the direction of the ENGINEER Project Delivery Team. The PXP will describe the roles and responsibilities of team members, communications plan, quality management plan, cost and schedule control procedures, document control, change management and other project management requirements. e Prepare a Health & Safety Plan for onsite work activities and obtain staff endorsement. ® Supervise and manage design team project staff for execution of work tasks. a Provide contract administration and oversight of project sub -consultant. ® Project documentation and coordination. ® Monitor project progress, including work completed, work remaining, budget expended, schedule, estimated cost of work remaining, and estimated cost at completion. Coordinate with and provide periodic updates to the City's Project Manager. Monitor project activities for potential changes, anticipate changes when possible, and with City approval, modify project tasks, budgets, and approach. Prepare and submit monthly billing with a brief description of the work completed during that billing cycle. ® Manage the quality control review of all work activities and project deliverables. Identify senior technical staff for the various technical disciplines and oversee the adherence to the plan during the execution of the work tasks. Deliverables • Periodic written project design schedule updates to keep the City's Project Manager informed as to the changes to the initial schedule outlined in this Scope. • Monthly project invoice statements with a brief description of the work performed. Task Order 10055 Wastewater Treatment Plant n UV Disinfection System Expansion Phase 1 Design Page 3 of 20 CH2MHIU, Engineers, Inc. Meetings (Unique to those identified below) s Bi -weekly telephone meeting conducted between City Project Manager and ENGINEER Project Manager to discuss project status, review actions/issues pending, and other project coordination. Task 2 — Project Chartering and Site Visit - Phase 1 Task ENGINEER will lead a brief (1 -hour) project chartering session with the City, the ENGINEER design team leads, and other project stakeholders. Chartering is a structured process used to guide the project team through defining itself in terms of its purpose, critical success factors, goals, roles and responsibilities, operating guidelines, and other elements that give the team clarity of purpose essential for high-quality performance. The agenda for the project chartering session will consist generally of the following: ® Introduction of stakeholders and team counterparts. • Further review of the key performance indicators (KPIs) discussed initially as part of scope development. ® Review execution strategy, the proposed deliverables, and expected level of detail. ® Review schedule and agree on key milestones. ® Define roles and responsibilities between team members. • Review the decision making process to allow timely decisions at the lowest appropriate level. Establish decision making protocol. • Communications and reporting — (meetings, reports, e -Builder site, and SharePoint site). • Budget — agree on capital budgets for the UV equipment pre -purchase and general construction contract ® Change management process. ® Agree on how the chartering document will be used and monitored throughout the execution of the project • Define/Discuss/Review project design criteria ® Confirm available project information Fallowing the project chartering session, the design team leads will conduct a site reconnaissance visit to observe field conditions, obtain photographs, gather data / dimensions of key elements, and begin to formulate solutions to the design challenges. Deliverables ® Draft Chartering Document provided to City PM as a PDF for distribution. • Updated Chartering Document based on comments / revisions agreed to during the chartering session provided to City PM as a PDF for distribution including the following:. Task Order 10055 Wastewater Treatment Plant — Uv Disinfection System Expansion Phase t Design Page 4 of 20 CH2MHILL Engineers, Inc. o List of Proposed Deliverables o Expected Level of Detail o Key Milestones o Capital Budget for UV Equipment Pre -Purchase o Change Management Process o Define Project Design Criteria City Obligations e Coordination of Scheduling Project Chartering Session with key participants. Meetings e One project chartering session as described Assumptions ® Project chartering session will be conducted at the earliest date possible following City - issued Notice -to -Proceed that accommodates project stakeholders schedule demands. The session will be performed at the WWTP meeting room. Up to 12 members of the design team will participate in the project chartering session either in person or via telephone. The meeting is not anticipated to extend beyond 1 hour. ® ENGINEER PM and City PM will be responsible for coordinating scheduling of the meeting with key participants within their respective organizations. The City PM is responsible for identification and participation of key City personnel within the Public Works Department, Purchasing Department, and other project stakeholders critical to the success of the project. a Up to 13 members of the design team will participate in the site reconnaissance visit, which is not anticipated to extend beyond 1 hour. The primary purpose of the project definition and alternatives evaluation phase is to firmly establish the project design criteria and to select a preferred alternative to advance through to final design. Work of this phase as defined below will culminate in the preparation of the Project Definition and Alternatives Evaluation Report. The report will contain the information described in the subtasks below. Two workshops as described in Task 9 will be conducted in conjunction with this phase of the project. Up to four UV system expansion alternatives will be developed in a conceptual manner (5% design) and evaluated against each other. The following alternatives have been identified for conceptual development and evaluation: 1) Retain existing system; expand with currently installed low pressure/low output (LPLO) technology to the south in new channels Task Order 10055 wastewater Treatment Plant — UV Disinfection System Expansion Phase 1 Design Page 5 of 20 CH2MHILL Engineers, Inc. 2) Retain existing system; expand with new low pressure/high output (LPHO) technology to the south in new channels 3) Retrofit existing channels; achieve expansion with new technology in existing channels: a. LPHO -- lamps rated at 250 to 400 watts b. Low pressure high, high output (LPHHO-newest technology) 4) Extend existing channels to the south to accommodate more lamp banks of current installed LPLO technology Subtask 3.1: Define City Objectives, Standards and Preferences The purpose of this task is to define the City's objectives and success factors for the project and to document the City's institutional standards as they pertain to this work. Project objectives and standards in the following areas will be considered: • Project objectives: Discussion of the overall purpose for this project to ensure that all participants have the same understanding. The City will define for the project team what will make this a successful project from their perspective. ® City design criteria standards and preferences: Identify City standards for design criteria or standard products. Discuss City -preferred equipment/technology types, suppliers and vendors. ® Procurement policies: Bidding/procurement requirements, sole source restrictions, existing master agreement for the purchase of materials, and equipment. ® Labor standards and policies: Design provisions for staff/visitors with accessibility limitations, existing noise restrictions, existing labor union restrictions, site security requirements, and parking requirements. ® Equipment and materials: Preferences on indoor versus outdoor locations for equipment, HVAC preferences (natural gas vs. electric heat, A/C requirements, etc.), preferred equipment types and suppliers, local control/local disconnect preferences (lockable MCCs versus local disconnect switches), preferences regarding the use of adjustable frequency drives, and preferred building construction type (e.g. prefabricated metal) and colors. Subtask 3.2: Define External Constraints and Standards The purpose of this subtask is to define the external standards and criteria that influence the project design work. The standards and criteria in the following areas will be considered: • Regulatory Agencies: Define the regulatory agencies with jurisdiction for this project and specific contact people. List known permits required for construction and operation. ® Civil: Identify local stormwater control agency, document restrictions as they pertain to the proposed project, define permitting requirements; identify local public work standards as they pertain to roads, stormwater, sewer, etc; local restriction regarding dust control, demolition, construction traffic/noise, excess earthwork disposal, and existing floodplain restrictions. Task order 10055 Wastewater Treatment Plant — UV Disinfection System Expansion Phase 1 Design Page 6 of 20 cH2MHILL Engineers, Inc. ® Structural/Architectural/Mechanical: Identify local permitting agency, obtain current local design codes and standards that are in effect, and define permitting requirements. Electrical/I&C: Define redundancy requirements, identify primary contact at local utility. Subtask 3.3: Define process Functional Requirements The purpose of this task is to define the treatment process required based on the influent characteristics, required effluent quality, and other project -specific considerations. The UV disinfection system technologies will be selected based on ENGINEER's experience with viable industry accepted options. The selection will be based on suitability to the project needs, general performance history, reliability, vendor reputation and responsiveness, and operation and maintenance simplicity. Issues and criteria to be defined and considered in the selection will generally consist of the following: ® Regulatory discharge requirements ® Design flow rates ® UV system influent characteristics ® Initial and build -out plant capacity ® Treatment requirements • Redundancy objectives • Other process related issues ® General process control strategy All unit treatment processes and ancillary systems will be selected based on the above information. Review concepts, selection and draft work products with and seek approval from quality control reviewer. Subtask 3.4: Develop Conceptual Alternatives The purpose of this subtask is to prepare initial design calculations and develop conceptual drawings of the alternatives identified based on the design criteria established through the previous subtasks. An order -of -magnitude Class 5 cost estimate will be prepared for each of the alternatives to provide construction cost information for comparative purposes between the alternatives. The alternatives will be descriptively evaluated and each compared against the other alternatives in the report. ® Project Definition and Alternatives Evaluation Report (3 copies), which will be composed a number of separate technical memoranda outlining key project design criteria for each design discipline and other criteria discussed above. The report will include but not limited to the following: • Project Definition o Project Design Criteria o Conceptual drawings. o Order of Magnitude Class 5 Cost Estimate Task Order 10055 Wastewater Treatment Plant— UV Disinfection System Expansion Phase 1 Design Page 7 of 20 CH2MHILL Engineers, Inc. Assumptions • Up to two conceptual drawings (e.g. site layout, section/detail) will be developed for each of the alternatives to capture the intent of the concept and serve as the basis for the Class 5 construction cost estimate. ® The Class 5 construction cost estimate (+100%, -50%) will be included in the report as a total estimated value for each concept. A detailed breakdown of the costs will not be provided. The construction cost estimates will used solely for comparative purposes amongst the alternatives. ® Pre -draft copy of the Project Definition and Alternatives Evaluation Report will be developed and provided to the City as an electronic deliverable (PDF) in advance of the Project Definition Workshop. The report will be revised to capture the information received during the workshop. ® A draft copy of the Project Definition and Alternatives Evaluation Report will be developed and provided to the City as an electronic deliverable (PDF) in advance of the Alternatives Evaluation Results Workshop. The report will be revised to capture the discussions and decisions during the workshop. Three hard copies of the Final Project Definition Report will be delivered to the City along with an electronic deliverable (PDF) following the Alternatives Evaluation Results Workshop. The Final Project Definition Report will document the preferred alternative that the ENGINEER will advance through the subsequent tasks to final design. Task 4 ® Preliminary Engineering and Design (30 Percent Design) - Phase 1 The purpose of this task is to use the project definition data developed and preferred conceptual alternative selected to advance to a preliminary (30 percent) design stage. The end products from this task will include preliminary drawings which will provide sufficient information for City and agency review and design team coordination and review. ENGINEER will conduct one interactive workshop with the City's personnel as described in Task 9 prior to the conclusion of this task. Specific work activities and deliverables from this task are as identified below. Subtask 4.1: Civil and Site Development ® Confirm adequacy of topographical and as -built survey data and record drawing information. » Coordinate with geotechnical engineer on soil characterization and potential dewatering requirements. ® Develop plant site layout considering the following: structure size, location, and orientation; layout of roadways/truck access corridors and define vehicle maneuvering requirements; and location of utility and piping corridors (horizontal and vertical). • Develop preliminary erosion control plan and storm water control concepts for project. Task Order 10055 Wastewater Treatment Plant — UV Disinfection System Expansion Phase 1 Design Page S of 20 CH2MHILL Engineers, Inc, Set preliminary finished floor levels for new structures. Establish preliminary finished grades, overall major surfaces, and road profiles. Subtask 4.2: Architectural Assign code classification to the building. Meet with local code official to review code classifications. ® Establish preliminary room sizes and functional requirements of each space. Select interior and exterior construction materials for the building. Compile list of chemicals and amounts to be used. Coordinate with other disciplines (mechanical and electrical) to resolve code compliance issues specific to these disciplines. ® Prepare preliminary building layouts (hand sketches including plans, sections, and elevations). Subtask 4.3: Structural ® Coordinate with architectural discipline on the selection of building materials, roofing, and foundation. Consult with lead process engineer on building/structure layouts. ® Develop building foundation and structure concepts based on schematic building layouts. Subtask 4.4: Geotechnical ® Determine site specific geotechnical conditions for the facility and structure. Develop specific foundation requirements. Verify constructability (shoring and bracing requirements, dewatering issues). Using existing geotechnical data, prepare foundation and corrosion control recommendations. Subtask 4.5: Process (Treatment and Mechanical) ® Determine size/capacity of new UV system and ancillary systems. ® Review capacity of existing UV system to remain in service where appropriate. Update assigned capacity to existing UV system, as necessary. • Prepare process flow diagrams (PFDs). ® Develop process narratives. • Select and size major process equipment including pumps. Prepare sizing calculations and obtain review. Establish level of redundancy required for process equipment. ® Prepare equipment list with sizing for major equipment. Coordinate with the City on preferences of equipment manufacturer and processes. ® Prepare preliminary drawings for equipment arrangements. Prepare preliminary hydraulic profile. a Start 3D models of facilities. Task order 10055 Wastewater Treatment Plant — UV Disinfection System Expansion Phase 1 Design Page 9 of 20 CH2MHILL Engineers, Inc. Subtask 4,6: Building Mechanical ® Select type of ventilation system to be used in process buildings. ® Select type of heating system to be used, including local fuel storage requirements, if necessary. m Select type of air conditioning system to be used in personnel spaces. ® Coordinate with the architectural discipline to establish design R -values for all exterior walls. ® Coordinate with local fire marshal and Architect to confirm assumed requirements for sprinklers and fire protection. • Determine overall potable and non -potable water requirements for the project. Confirm adequate quantity and pressure can be obtained. Subtask 4.7: Instrumentation and Control Systems (I&C) • Coordinate with the process engineer(s) to prepare a process flow drawing (PFD) for the treatment process. • Develop equipment/instrument tag numbering, naming, and abbreviation conventions. ® Work with Process Engineer to prepare written operational description of each major process. ® Develop overall control philosophy including local control approach, control system, level of automation, supervisory control. ® Prepare preliminary P&IDs. Subtask 4.6: Electrical • Prepare preliminary overall one -line diagram for proposed facilities. ® Prepare preliminary load calculations. ® Size electrical rooms. ® Determine number of electrical feeds to be provided to facilities. Coordinate with local power utility, as appropriate, for increased load requirements. ® Confirm assumed redundancy and backup power requirements for power supplies and power distribution. • Establish preferred voltages for power distribution and utilization equipment. ® Coordinate with other disciplines (architectural, mechanical) to resolve code compliance issues specific to these disciplines. Develop preliminary schedule of hazardous and corrosive locations. Task Order 10055 Wastewater Treatment Plant — UV Disinfection System Expansion Phase 1 Design Page 10 of 20 CH21VIHILL Engineers, Inc. • ENGINEER will prepare a Class 3 Preliminary Engineering construction cost estimate based on the Preliminary Drawings and the Preliminary Engineering Report. Class 3 accuracy is typically +30 to —20%. • ENGINEER will prepare an update to the estimated project design schedule. In addition, the updated schedule will be expanded to include an estimate on assumed general construction milestone activities, ® These cost and schedule estimates will be submitted to the City for review and discussion following the 30 percent Design Workshops. Deliverables ® Summary of design and equipment performance criteria (Criteria Summary). • Preliminary Engineering Report — ENGINEER will prepare a report including but not limited to the following o Written description of the Preliminary Design o Preliminary drawings o List of technical specifications. ® ENGINEER's Class 3 construction cost estimate. ® ENGINEER's project schedule estimate. Meetings ® One project introduction meeting at DEQ to be attended by up to two (2) ENGINEER staff. Assumptions • The summary of the design and equipment performance criteria will be an update to the individual technical memoranda by discipline established during the Project Definition phase. ® The Preliminary Engineering Report will be prepared in accordance with Section 411 of IDAPA 58,01.16 -Wastewater Rules and will utilize content developed for the design criteria summaries. ® A draft copy of the Preliminary Engineering Report will be provided to the City as an electronic deliverable (PDF) in advance of the 30 Percent Design Workshop. City will review the draft report and provide comments in written form a minimum of 5 working days prior to the Workshop. The report will be revised to capture the City comments received and adjudicated during the Workshop prior to submission to DEQ. ® The internal ENGINEER QA/QC review of the Criteria Summary and Draft Preliminary Engineering Report (including draft preliminary drawings) may be performed concurrently with the City review. Consolidated comments from the City will be provided in a timely manner. Comments received internally and from the City will be jointly addressed to Task Order 10055 Wastewater Treatment Plant — W Disinfection System Expansion Phase 1 Design Page 11 of 20 GH2MHILL Engineers, Inc. produce the revised (Final) Preliminary Engineering Report. Conflicting review comments will be resolved between reviewers by the affected discipline lead(s). ® Three hard copies of the revised (Final) Preliminary Engineering Report will be delivered to the City along with an electronic deliverable (PDF) following the Workshop. ® ENGINEER will submit Preliminary Engineering Report to DEQ. Review comments received from DEQ will be provided to the City and incorporated into the design documents, as appropriate, prior to completion of 90 -percent design phase depending on when received. Following selection by the City of the preferred alternative and development of the preliminary design, the UV disinfection system equipment will be pre -purchased by the City. The ENGINEER will develop the technical, performance based specifications to support the pre- purchase of the equipment. The City Purchasing Department will prepare the solicitation and contract documents and will be responsible for administering the procurement process. It is the intent that the pre -purchase procurement documents will be developed such that the equipment purchase contract between the City and the successful UV vendor will ultimately be assigned to the General Contractor who is selected to construct the project. As part of the technical specifications, ENGINEER will develop the following Division 01 sections: ® 01 11 00 Summary of Work o 0126 00 Contract Modification Procedures a 0130 00 Administrative Requirements ® 0135 00 Shipment Protection and Storage ® 0143 00 Manufacturer's Field Services w 44 47 00 Ultraviolet Disinfection System Equipment ENGINEER will prepare an assumed general contractor construction schedule to support the identification of the approximate milestones for the equipment procurement and delivery dates. At the request of the City, ENGINEER will support of the City -led procurement process by reviewing and providing comments to draft contractual conditions. Additionally, ENGINEER will attend one equipment pre -proposal meeting with the City and potential responding bidders to address technical questions. ENGINEER will respond to bidders technical questions and prepare content for addenda. All bidder questions, responses, and addenda content will be routed through the City Purchasing Department for official issuance to bidders. Although services during construction will be performed under a separate task order amendment, ENGINEER has included services to review submittal information from the selected supplier to confirm that the proposed equipment meet the requirements in the pre -purchase technical specifications. Task Order 10055 Wastewater Treatment Plant — UV Disinfection System Expansion Phase 1 Design Page 12 of 20 CH2MHILL Engineers, Inc. ENGINEER will assist the City in reviewing the UV vendor proposals and provide a memorandum summarizing their evaluation. Deliverables o Draft Technical Specifications, including Division 01 sections identified above, for review by City. o Final Technical Specifications following review by City. e Content for bid addenda. e Evaluation of UV Proposals memorandum. Meetings • Pre-bid meeting. ® Proposal review meeting. Assumptions ® The deliverables produced as part of this Task will be provided electronically (PDF) to the City PM for distribution. • The equipment will only be bid once. ® The City will be responsible for advertising and administering the bid as well as for awarding and executing the contract. ® Up to two ENGINEER staff will participate in the pre-bid meeting either in person or via conference call. Three hours for each ENGINEER staff is assumed inclusive of travel time. ® Up to two ENGINEER staff will participate in the proposal review meeting either in person or via conference call. Two hours for each ENGINEER staff is assumed inclusive of travel time. ® The internal ENGINEER QA/QC review of the draft documents may be performed concurrently with the City review. Comments received internally and from the City will be jointly addressed to produce the final technical specifications. City review comments will be compiled by the City into one response and provided to ENGINEER. ® Drawings or details will not be included as part of the technical specifications for equipment procurement. Task 9 ® Design Workshops ENGINEER will conduct a series of workshops with the City at critical periods during the development of the project design as described below. Task Order 10055 wastewater Treatment Plant— UV Disinfection System Expansion Phase 1 Design Page 13 of 20 CH21VIHILL Engineers, Inc. ENGINEER will conduct a two-hour Project Definition Workshop with key City personnel and other stakeholders to obtain the pertinent information. This workshop will be held in conjunction with the Project Chartering meeting following the site walk. Select disciplines of the project team will begin assembling known design criteria and identify criteria requiring client direction prior to the Workshop. Subtask 9.2: Alternatives Evaluation Results Workshop - Phase 1 Workshop ENGINEER will conduct a two-hour Alternatives Evaluation Workshop with key City personnel and other stakeholders to review the conceptual alternatives developed and the resulting comparison evaluation performed by ENGINEER. The workshop will conclude with the City selecting the preferred alternative to advance through final design. Subtask 9.3: Preliminary Design (30 Percent) Workshop - Phase 1 Workshop ENGINEER will assemble the work products from the preliminary design and submit the 30 percent design documents to the City for review and comments. A 2 -hour workshop will be conducted to receive and discuss City review comments and to reach closure on design issues. Following the workshop, meeting minutes and responses to comments will be prepared and submitted. The responses to comments will be incorporated into the 60 percent, 90 percent, and 100 percent Construction Documents. Deliverables ® Meeting minutes from each workshop. Assumptions • City will have reviewed the draft documents prior to the workshops and be prepared with input and/or questions for discussion. ® Up to ten persons from the ENGINEER team will attend each of the workshops 1. The duration of the design work anticipated for each phase or task is shown in the "Time of Completion and Compensation Schedule" section of this document. This is a preliminary schedule and will be refined during the design phase of the project. However, the level of effort and corresponding budgets are based on the initial stated durations/dates contained herein. 2. This Scope of Work does not include services during construction or equipment automation / integration into the plant's control system. These services will be provided through a future task order. 3. ENGINEER's four-phase design delivery process will be employed including City reviews. With the exception of the final review, the project team will not stop during formal reviews of submittals. The success of this process depends upon the progressive development of Task order 10055 Wastewater Treatment Plant-- UV Disinfection System Expansion Phase 1 Design Page 14 of 20 CH2MHILL Engineers, Inc, the design and work proceeding on the basis of prior decisions. Where significant design or project delivery elements are changed, after having been decided at prior stages or review workshops, a modification of this scope of work may be required, along with associated budget and schedule impacts. 4. An internal QA/QC review for each phase of the project will be performed by senior reviewers in the disciplines represented on the Project. Comments will be documented and categorized into major, minor, and preferential comments. Comments will be responded to by ENGINEER design team members and adjudicated prior to each deliverable being submitted to the City or IDEQ. The QA/QC process will be defined by the Team in a Quality Management Plan (QMP) that will include the following major components: • Definition of Key Project team member and their role in the Project, ® Definition of the Project core technologies, ® Identification of the Project Quality Manager, ® The Team staff member responsible for quality control for each discipline used in the Design, and ® The milestone dates for each discipline review. 5. Workshops and work product City review meetings will be held at the WWTP. Portions of ENGINEER team may participate in the workshops and review meetings via telephone. 6. The design will be based on the federal, state, and local codes and standards in effect on the date of the authorization to proceed. Any changes in these codes may necessitate a change in scope. The design work does not include modifying existing facilities to bring them up to current codes. 7. No environmental or sensitive areas permitting work is anticipated to be necessary for this project and none is budgeted. If any investigation and remediation of possible hazardous waste, asbestos, lead paint or other types of contamination is necessary City shall execute those tasks or assign them to Consultant via contract amendment. 8. DC Engineering, Inc. will be a subcontractor to CH21VI HILL for electrical engineering services. 9. Existing site topographical and as -built survey information will be provided by the City in digital and hardcopy formats for use by ENGINEER. The survey information will be of sufficient detail for supporting the design. Additional survey work will not be performed by ENGINEER as part of this project. If additional survey information is deemed necessary by ENGINEER, the City will obtain and provide this information at its expense. 10. The City will provide hardcopies and/or digital files of all applicable existing plant construction drawings. These drawings are considered record drawings and the OWNER warrants the accuracy of these drawings. The siting, location and design of all new underground utilities will be based on the existing underground utility drawings and related location information provided by the City. Task Order 10055 Wastewater Treatment Plant -m W Disinfection System Expansion Phase 1 Design Page 15 of 20 CH2MHILL Engineers, Inc. 11. The engineering documents will be prepared for one equipment procurement contract and one construction contract. 12. No additive or deductive alternates will be included on the bid form and contract documents. 13. The City Purchasing Department will be responsible for administering bid solicitations for equipment pre -purchase procurement(s) and general construction contractor selection. ENGINEER will provide the City with technical specification sections including General Requirements (Division 01). CH2M HILL standard master specifications will be used as the basis for technical specifications, including CH2M HILL standard Division 1 documents. The specifications for the project will be the current 49 division version of CH2M HILL's master specifications. The City will be responsible for producing Division 00 specification sections including Procurement Requirements and Contracting Requirements. 14. Attachment A lists the anticipated design drawings to be developed by ENGINEER in support of the construction contract. Attachment S and C lists the anticipated technical specification sections to be prepared by ENGINEER in support of the equipment procurement contract and construction contract, respectively. 15. This scope of work includes permitting review by DEQ only as required by IDAPA 58.01.16 -Wastewater Rules. No other permitting requirements are included or budgeted as part of ENGINEER services and will be performed by the City. If requested, ENGINEER will include additional permitting services as part of a contract amendment. 16. Submission of sealed plans, technical specifications, and other support documents as required by required by Section 420 of IDAPA 58.01.16 -Wastewater Rules will occur as part of the completion of construction contract. 17. The drawings will follow CH2M HILL CAE/CAD standards. Microstation will be used to develop the drawings. The drawings will be converted to the current version of AutoCAD and provided to the City as project record drawings following construction. 18. Contract document drawings will be produced at ANSI D size (22- by 34 -inch), but drawings for interim design review submittals will be reproduced at half size (11- by 17 - inch). Standard design details for the project will be produced in 8 Y2- by 11 -inch format. 19. The City will be responsible for document reproduction services. ENGINEER has not included budget to cover the expense of reproduction costs for any of the work products and/or deliverables denoted in this Task Order. 20, Any Cost opinions or project economic evaluations provided by ENGINEER will be on the basis of experience and judgment, but because ENGINEER has no control over market conditions or bidding procedures, ENGINEER cannot warrant that the bids, ultimate construction cost, or project economics will not vary from these opinions. 21. The City has been collecting UV transmittance (UVT) data since the start-up of the existing UV system. This data set will be sufficient to validate or revise the original UVT design criteria for the expanded system. Task Order 10055 Wastewater Treatment Plant — UV Disinfection System Expansion Phase 1 Design Page 16 of 20 CH2MHILL Engineers, Inc. Civil/Geotechnical 1. Demolition of the existing UV System Building will be accomplished as part of this contract. No salvaging or relocation of materials and equipment is required. 2. Legal, easement or plat surveys of the existing site will not be required. 3. Civil sitework plans will be provided only for areas of the site involving significant disturbance to existing grading. 4. Site drawings will only be prepared for those sectors in the plant where new facilities are to be constructed. 5. Landscaping is not required. Unpaved areas will be covered with river rock to restore to a condition similar to existing. 6. No new roadway work is required. Existing roadways impacted by construction will be shown to be restored to similar alignments, widths, and slopes as exist prior to construction. 7. Geotechnical engineering design criteria will be based on review of historical geotechnical investigation reports that have been prepared for previous WWTP projects in close proximity to this project. The City will provide hardcopies and/or digital copies (Word or PDF format) of historical geotechnical investigations performed for previous WWTP projects for use by ENGINEER geotechnical engineering staff to prepare design criteria for this project. It is assumed that the conditions are known to an adequate depth to make estimates of settlement and bearing resistance. Subsurface geotechnical exploration(s) will not be performed as part of this project. Structural/Architectural/Geotechnical 1. Conventional spread foundations will be required for all new facilities. Over excavation, preload, piles, or underdrain systems are not required. 2. Uplift due to high groundwater levels, if any, will be addressed with thickened base slabs or pressure relief valves in slabs. No underdrain systems or tension systems will be required. 3. Building architecture (materials, construction) of all new facilities will be similar to existing structures (e.g. Tertiary Filters Building). 4. Building sprinkler systems are not required for the new building. 5. The UV Building will not be designed to be ADA compliant. Process Mechanical Only hydraulic assessments required for design of the new or modified facilities are included. A partial hydraulic profile drawing from the receiving stream to just upstream of the UV system will be provided. Task order 10055 Wastewater Treatment Plant — UV Disinfection System Expansion Phase 1 Design Page 17 of 20 CH2MHILL Engineers, Inc. 2. Design concerning "plant -wide" utility systems such as basin drainage, water, and in -plant waste collection/disposal will be limited to extensions and/or changes in existing piping. No new structures or equipment will be needed. 3. No corrosion control provisions will be required other than materials selection and coatings. 4. An odor control system will not be provided. HVAC and Plumbing Performance specifications will be used for all HVAC and plumbing systems requiring detailed design by the contractor and vendor. 1. The new instrumentation and control system will be based on the use of programmable logic controllers. The process instrumentation, control systems and SCADA integration will be compatible with existing plant systems. 1&C system design scope includes only control system design for the new facilities and modifications to the existing system to allow incorporating the new facilities. 2. ENGINEER will not perform the work of developing process control system software for both the PLC and the PC interface as part of this Scope of Work. This work may be added to the scope as part of services during construction. 3. Electrical design will include design to provide power to new equipment and facilities and lighting for new facilities and areas of the site. Performance specifications will be used for interior lighting requiring detailed design by the contractor and vendor. 4. The existing secondary or emergency electrical power supply system is adequate to handle any new loads. No additional secondary or emergency power source will be provided. The following schedule is based on a Notice to Proceed (NTP) from the City by April 2014 and resulting in Final Design being completed by May 2015, An NTP issued on a different date will change the schedule accordingly. Task Order 10055 Wastewater Treatment Plant -- UV Disinfection System Expansion Phase 1 Design Page 18 of 20 CH2MHILL Engineers, Inc. COMPENSATION AND COMPLETION SCHEDULE 'cask Description Due Date Compensation 1 Project Initiation and m April 2014 to October a $23,250 (labor) Management 2014 2 Project Chartering and Site Visit r May 2014 ® $8,850 (labor e $887 (expense) Travel 3 Project Definition and Alternatives m May 2014 A $42,170 (labor) Evaluation 4 Preliminary Engineering and m September 2014 $74,280 (labor) Design (30 Percent Design 5 Equipment Procurement ® September 2014 $20,140 (labor) 9 Design Workshops ® April 2014 to September a $17,220 (labor) 2014 m $1,774 (ex ense) Travel Sub -consulting Services s April 2014 to October $3,000 (expense) 2014 TASK ORDER TOTAL $191,671.00 ® Per City request, DC Engineering is a sub -consultant to CH2M HILL on this project to provide electrical engineering services. The associated sub -consultant cost is included as a project expense and will appear on invoices submitted to the City as a separate line item cost. ® The estimated travel expenses are based on the following: o Task 2 Travel ® Airline: 1 person for 1 round-trip flight at $600 / flight Rental Car: 1 car for 2 days at $65 / day Lodging: 1 person for 1 night at per diem rate Meals: 1 person for 2 days at per diem rate o Task 9 Travel Airline: 1 person for 4 round-trip flights at $600 / flight Rental Car: 1 car for 8 days at $65 / day Lodging: 1 person for 4 nights at per diem rate Meals: 1 person for 8 days at per diem rate The Not -To -Exceed amount to complete all services listed above for this Task Order No. 10055 is one hundred ninety one thousand, five hundred seventy one dollars ($191,571.00). No compensation will be paid over the Not -to -Exceed amount for the services listed above. No compensation will be paid for additional services without prior written approval by the City in the form of a Change Order. The hourly rates for services and direct expenses shall be billed per the approved Rate Schedule and Master Agreement (by this reference made a part hereof) and will be the basis for any additions and/or deletions in services rendered. Travel and meals are excluded from this Task Order unless explicitly listed in the Scope of Services AND Payment Schedule. Task Order 10055 Wastewater Treatment Plant — UV Disinfection System Expansion Phase 1 Design Page 19 of 20 CHMILL Engineers, Inc. BY: TAMMY de WEE D, MAYOR 11 Dated: Approved by Council: Attest: 11.1%001-4 , CITY CLERK Purchasing Approval fi BY: KEITH W&Tt, "Purchasing Manager City Project Manager, Clint Dolsby 0 UA 07 F Dated: A T'4 1, 1 D 1, H 0 WARREN ST , Engineering Manager Dated: "/' -Z// / 7 Task Order 10055 Wastewater Treatment Plant — LJV Disinfection System Expansion Phase I Design Page 20 of 20 CH2MHILL Engineers, Inc. DATE: May • ■ 119:11yi •�0-:101X7i!IA-1y,1611/IAi!IIXIIHM41Q 111 [*Q Z&H II:ff_TejV:W►Tl:V1kI CableONE Movie Night in Meridian 2014 Single -Night Sponsorship Agreement Between Idaho Central Credit Union and the City of Meridian for a Not -to -Exceed Amount of $350.00 T F4 4 U► Eel iT, FOYW Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian Settlers Park CABLEONE MOVIE NIGHT IN MERIDIAN 2014 SINGLE -NIGHT SPONSORSHIP AGREEMENT This CABLEONE MOVIE NIGHT IN MERIDIAN 2014 SINGLE -NIGHT SPONSORSHIP AGREEMENT ("Agreement") is made on this ) q day of , 2014 ("Effective Date"), by and between the City of Meridian, a municipal corporation organized under the laws of the state of Idaho, whose address is 33 E. Broadway Avenue, Meridian, Idaho ("City"), and Idaho Central Credit Union, whose address is 4400 Central Way, Chubbuck, ID 83202 ("Sponsor"). For good and valuable consideration and in consideration of the mutual promises and covenants herein contained, City and Sponsor agree as follows: 1. Single -Night Sponsorship. Throughout the term of this Agreement, Sponsor shall be, and shall be recognized as, the Single -Night Sponsor of City's August 22°a installment of the weekly summer CableONE Movie Night in Meridian event series. As such, benefits insuring to Sponsor throughout the term of this Agreement shall include those enumerated for Single - Night sponsors in the CableONE Movie Night in Meridian 2014 Sponsorship Packet, attached hereto as Exhibit A. 2. Payment. By 5:00 p.m. on April 2, 2014, Sponsor shall prepay to City three hundred and fifty dollars ($350.00). In the event the Sponsor fails to pay this amount in full in a timely manner as provided herein, City may terminate this Agreement in the manner therefor as set forth herein. In the event that the CableONE Movie Night in Meridian program is discontinued, or the showing is cancelled or shortened before Sponsor's promotional video is shown, no portion of the amount prepaid shall be refundable, though City shall issue a raincheck to Sponsor for redemption as a Single -Night Sponsor in the following season. City shall make all decisions regarding scheduling. In the event that the CableONE Movie Night in Meridian program is discontinued, or the showing is cancelled or shortened after Sponsor's promotional video is shown, no portion of the amount prepaid shall be refundable, and no raincheck shall issue. 3. Promotion. a. City's efforts. With regard to CableONE Movie Night in Meridian, City shall undertake the promotional and advertising efforts enumerated for Single -Night Sponsors in the CableONE Movie Night in Meridian 2014 Sponsorship Packet, attached hereto as Exhibit A. MOVIE NIGHT SINGLE -NIGHT SPONSORSHIP AGREEMENT PAGE 1 of 6 b. Promotional Item Limitations. The sale or distribution of any food, drink, or other promotional item by Sponsor at Sponsor's booth, as allowed in the CableONE Movie Night in Meridian 2014 Sponsorship Packet attached hereto as Exhibit A, shall not be permitted without prior written permission from City. Such permission may be withheld or revoked at any time and for any reason. City may also, at any time, require that Sponsor discontinue the distribution of any promotional item that City deems to be negatively impacting concessions sales or deems not to be appropriate. c. Video production. City, in its sole discretion, may edit, reduce, cancel, or reject, at any time, any audio, video, or written material submitted, used, or created by Sponsor. Any pre -approval by City shall not be considered a waiver of the right to revoke or edit any such material during the term of this Agreement. Further, Sponsor warrants and represents that, as to all content of the video pieces created or produced pursuant to this Agreement, Sponsor shall, and hereby agrees to, indemnify, defend and hold harmless City from all claims, suits, judgments, proceedings, losses, damages, costs, and expenses, of any nature whatsoever, including attorneys' fees, for which the City may become liable by reason of City's displaying of Sponsor's audio or video copy, artwork, or other content, including but not limited to claims for libel, violation of privacy, plagiarism, or copyright violations. 4. Term. The term of this agreement shall be from the Effective Date through September 1, 2014, unless earlier terminated by either party by the method established herein. 5. Cancellation; scheduling. The parties acknowledge that the 2014 CableONE Movie Night in Meridian event series schedule shall include twelve to fourteen (12-14) weekly movie showings during June, July, and August, but cancellation of any or all movie showings may be necessary due to weather or other conditions or circumstances. City shall have sole responsibility and discretion in scheduling and/or cancelling CableONE Movie Night in Meridian and all movies and activities related thereto, including any and all related activities by Sponsor. The parties hereto expressly acknowledge that Settlers Park is a public space, the management and scheduling of which shall at all times be within the sole purview of City. Any right or privilege granted to Sponsor by this Agreement shall include neither the right to exclude any law-abiding person from CableONE Movie Night in Meridian, nor the right to interfere with any person's concurrent, lawful use of Settlers Park where such concurrent use does not conflict or interfere with Sponsor's use. 6. Insurance Sponsor's responsibility. City shall not provide insurance to cover loss, theft, or damage of any equipment, materials, or personnel used or employed by Sponsor in the furtherance of this Agreement, or to cover any activity undertaken by Sponsor in the exercise of the rights or the furtherance of the obligations described herein. Any and all insurance of each party's respective property and personnel shall be the sole responsibility of that party. Sponsor shall obtain all necessary insurance as may be required in order to protect Sponsor's insurable interests for Sponsor's rights and obligations described within this Agreement, including, but not limited to, liability insurance, automobile insurance, worker's compensation insurance, and/or property insurance. MOVIE NIGHT SINGLE -NIGHT SPONSORSHIP AGREEMENT PAGE 2 of 6 7. Use of City's name, logo. City hereby conveys to Sponsor permission to use City's name for purposes of advertising, marketing, and public information, without violation of City's rights of privacy or any other rights City may possess under this Agreement, provided that Sponsor shall not use City's logo for any purpose without the express, written permission of the Mayor's Executive Assistant. 8. Termination. a. Termination for cause. If either Party determines that the other has failed to comply with any term or condition of this Agreement, violated any of the covenants, agreements, and/or stipulations of this Agreement, engaged in any act of misconduct in the performance of this Agreement; or if either Party willfully or negligently defaults in, or fails to fulfill, its material obligations under this Agreement, the other Party shall have the right to terminate the Agreement by giving written notice to the defaulting party of its intent to terminate, and shall specify the grounds for termination. The defaulting party shall have two (2) days after such notice is sent to cure the default. If the default is not cured within such period, this Agreement shall be terminated upon written notice of such termination by the terminating party. b. No compensation upon termination. In the event of termination, neither Party shall be entitled to compensation or damages for any equipment or materials provided pursuant to this Agreement or obligations incurred in furtherance of the rights conveyed by this Agreement. 9. Photography and recording. City shall be authorized to photograph, record, video tape, reproduce, transmit, or disseminate, in or from CableONE Movie Night in Meridian, all related activities for educational and public information purposes. City shall not be responsible for the actions of persons who are not under its employment or control. 10. Relationship of Parties. It is the express intention of Parties that Sponsor is an independent contractor and not an employee, agent, joint venturer, or partner of City. Nothing in this Agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee between Sponsor and City or between Sponsor and any official, agent, or employee of City. Both parties acknowledge that Sponsor is not an emplovee of City. Sponsor shall retain the right to perform services for others during the term of this Agreement. Sponsor shall have no authority or responsibility to exercise any rights or power vested in City. The selection and designation of the personnel of City in the performance of this agreement shall be made by City. 11. Indemnification. Sponsor specifically indemnifies City and holds City harmless from any loss, liability, claim, judgment, or action for damages or injury to Sponsor, to Sponsor's personal property or equipment, and to Sponsor's employees, agents, or volunteers arising out of or resulting from the condition of City's real or personal property or any lack of maintenance or repair thereon, and not caused by or arising out of the tortious conduct of City or its employees. Sponsor further agrees to indemnify and hold City harmless from any loss, liability, claim or action from damages or injuries to persons or property in any way MOVIE NIGHT SINGLE -NIGHT SPONSORSHIP AGREEMENT PAGE 3 of 6 arising out of or resulting from the use of City's real or personal property by Sponsor or by Sponsor's employees, agents, volunteers, or invitees and not caused by or arising out of the tortious conduct of City or its employees or volunteers. 12. Waiver. Sponsor shall, and hereby does, waive any and all claims and recourse against City, including the right of contribution for loss and damage to persons or property arising from, growing out of, or in any way connected with or incident to Sponsor's performance of this Agreement, whether such loss or damage may be attributable to known or unknown conditions, except for liability arising out of the tortious conduct of City or its officers, agents or employees. 13. Taxes. Sponsor shall be solely responsible for the payment of taxes owed for any income realized as the result of activities undertaken pursuant or related to this Agreement. 14. Time of the essence. Sponsor acknowledges that services provided under this Agreement shall be performed in a timely manner. The Parties acknowledge and agree that time is strictly of the essence with respect to this Agreement, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of, and a default under, this Agreement by the party so failing to perform. 15. Compliance with law. Throughout the course of this Agreement, Sponsor shall comply with any and all applicable federal, state, and local laws. 16. Non-discrimination. Throughout the course of this Agreement, Sponsor shall not discriminate against any person as to race, creed, religion, sex, age, national origin, sexual orientation or any physical, mental, or sensory handicap. 17. Entire Agreement. This Agreement constitutes the entire understanding between the Parties. This Agreement supersedes any and all statements, promises, or inducements made by either party, or agents of either party, whether oral or written, whether previous to the execution hereof or contemporaneous herewith. The terms of this Agreement may not be enlarged, modified or altered except upon written agreement signed by both parties hereto. 18. Costs and attorneys' fees. If either party brings any action or proceedings to enforce, protect or establish any right or remedy under the terms and conditions of this Agreement, the prevailing party shall be entitled to recover reasonable costs and attorneys' fees, as determined by a court of competent jurisdiction, in addition to any other relief awarded. 19. Agreement governed by Idaho law. The laws of the State of Idaho shall govern the validity, interpretation, performance and enforcement of this Agreement. Venue shall be in the courts of Ada County, Idaho. 20. Cumulative rights and remedies. All rights and remedies herein enumerated shall be cumulative and none shall exclude any other right or remedy allowed by law. Likewise, the exercise of any remedy provided for herein or allowed by law shall not be to the exclusion of any other remedy. MOVIE NIGHT SINGLE -NIGHT SPONSORSHIP AGREEMENT PAGE 4 of 6 21. Severability. If any provision of this Agreement is found by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remainder of this Agreement shall not be affected. 22. No assignment. Sponsor shall not assign, sublet, subcontract, or transfer its rights or responsibilities hereunder without the express written consent of City. Should Sponsor cease to exist in its current form, this Agreement and all rights granted to Sponsor hereunder shall be void. 23. Notice. Any and all notice required to be provided by either of the Parties hereto, unless otherwise stated in this Agreement, shall be in writing and shall be deemed communicated upon sending an e-mail message, addressed as follows: Sponsor: City: Maw ' d �JaIzLt u``` } � 1°l Colin Moss mgf.gr�� (\c4,,+f-tetvkQ cmoss@meridiancity.org Either party may change its e-mail address for the purpose of this paragraph by giving written notice of such change in the manner herein provided. 24. Exhibits. All exhibits to this Agreement are incorporated by reference and made a part of hereof as if the exhibits were set forth in their entirety herein. 25. Warranty of authority. The undersigned expressly warrants that, to the extent set forth herein, he is duly authorized to act as the representative and agent of Sponsor. The undersigned further warrants that he is authorized to bind Sponsor to the obligations set forth herein, and to accept the liabilities as established herein on behalf of Sponsor. SPONSOR: i I M)'_� Authorized Representative Signature -WU t d Please Print Name CITY OF MERIDIAN: BY: Tammy d� erd, Mayor �i MOVIE NIGHT SINGLE -NIGHT SPONSORSHIP AGREE Ulsinps� (NIV61p"Al Title L� G o Uc Date ' ATTEST: 01Y of Hol 09NT� � City Clerk PAGE 5 of 6 Exhibit A CABLEONE MOVIE NIGHT IN MERIDIAN 2014 SPONSORSHIP PACKET Single Night Sponsor For $350 you will receive: • Recognition as one event's sponsor in all promotional efforts for that event. • The opportunity to promote your business or organization at your movie night through product displays, sampling, demonstrations, etc. It is also encouraged to organize activities that add to the appeal of your movie night. Examples include bounce houses, live bands, games, raffles, etc. • The opportunity to insert one (1) thirty (30) second advertisement into the pre -movie video at your movie night. • The opportunity to hang up to two (2) banners no wider than eight (8) feet each around the seating area during your show. Banners around seating area must be free-standing. There will be no fences, trees, buildings, etc around the seating area to hang your banner on. • Your logo linked to your website on the City of Meridian website next to your event's listing on the CableONE Movie Night in Meridian page. Your logo and a link to your website on your movie night's event listing on the Meridian Parks and Recreation page on Facebook. • Your logo next to your event's listing on the CableONE Movie Night in Meridian flyers that are distributed throughout the season. MOVIE NIGHT SINGLE -NIGHT SPONSORSHIP AGREEMENT PAGE 6 of 6 • i r NUMBER:DATE: May 6, 2014 ITEM FP 14-013 Da Vinci Park by CS2, LLC Located 4715 N. Locust Grove Road Request: Final Plat Approval Consisting of Thirty -Five (35) Building Lots (34 Residential and 1 Commercial) and Five (5) Common Lots on 7.76 Acres of Land in the R-4, R-8 and C -N Zoning Districts AT4WE► i • Community Item/Presentations Presenter Contact Info./Notes DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS D • 2014 ITEM NUMBER: PROJECT NUMBER: FP • ITEM TITLE: MESSINA MEADOWS NO. 5 FP 14-018 Messina Meadows No. 5 by Tuscany Development, Inc. Located North of E. Amity Road and West of S. Eagle Road Request: Final Plat Approval Consisting of Fifty - Two (52) Residential Lots and Six (6) Common Lots on 18.72 Acres of Land in the R-8 Zoning District MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS • � r DATE: May • , 2014 ITEM NUMBER: 5K PROJECT NUMBER: PP 13-043 ITEM TITLE: SUMMERWOOD SUBDIVISION Findings of Fact, Conclusions of Law for Approval: PP 13-043 Summerwood Subdivision by Kent Pintus Located at 4202 and 4052 W. Daphne Street Request: Preliminary Plat Approval Consisting of Thirty (30) Single Family Residential Building Lots and Four (4) Common/Other Lots on Ten (10) Acres of Land in an R-4 Zoning District Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS CITY OF MERIDIANNI(I FINDINGS OF FACT, CONCLUSIONS OF LAW E IDIAN, AND DECISION & ORDER In the Matter of the Request for Preliminary Plat Consisting of 30 Building Lots and 3 Common Lots on 10 Acres of Land in an R-4 Zoning District for Summerwood Subdivision, Located at 4202 4052 W. Daphne Street, by Kent Pintus. Case No(s). PP -13-043 For the City Council Hearing Date of: April 15, 2014 (Findings on May 6, 2014) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of April 15, 2014, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of April 15, 2014, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of April 15, 2014, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of April 15, 2014, incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted April 19, 2011, Resolution No. 11-784 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A. 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). PP -13-043 -1- 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of April 15, 2014, incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11-5A and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's request for preliminary plat is hereby conditionally approved per the conditions of approval in the attached Staff Report for the hearing date of April 15, 2014, attached as Exhibit A. D. Notice of Applicable Time Limits Notice of Preliminary Plat Duration Please take notice that approval of a preliminary plat, combined preliminary and final plat, or short plat shall become null and void if the applicant fails to obtain the city engineer's signature on the final plat within two (2) years of the approval of the preliminary plat or the combined preliminary and final plat or short plat (UDC 11-613-7A). In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of two (2) years, may be considered for final approval without resubmission for preliminary plat approval (UDC 11-613-713). Upon written request and fled by the applicant prior to the termination of the period in accord with 11-613-7.A, the Director may authorize a single extension of time to obtain the City Engineer's signature on the final plat not to exceed two (2) years. Additional time extensions up to two (2) years as determined and approved by the City Council may be granted. With all extensions, the Director or City Council may require the preliminary plat, combined preliminary and final plat or short plat to comply with the current provisions of Meridian City Code Title 11. If the above timetable is not met and the applicant does not receive a time extension, the property shall be required to go through the platting procedure again (UDC 11- 6B -7C). E. Notice of Final Action and Right to Regulatory Takings Analysis 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, denial of a development application entitles the Owner to request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). PP -13-043 -2- 2. Please take notice that this is a final action of the governing body of the City of Meridian. When applicable and pursuant to Idaho Code § 67-6521, any affected person being a person who has an interest in real property which may be adversely affected by the final action of the governing board may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. F. Attached: Staff Report for the hearing date of April 15, 2014 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). PP -13-043 -3- By action of the City Council at its regular meeting held on the day of 2014. COUNCIL PRESIDENT CHARLIE ROUNTREE COUNCIL VICE PRESIDENT KEITH BIRD COUNCIL MEMBER DAVID ZAREMBA COUNCIL MEMBER JOE BORTON COUNCIL MEMBER LUKE CAVENER VOTED TJ A VOTED VOTED VOTED VOTED COUNCIL MEMBER GENESIS MILAM VOTED MAYOR TAMMY de WEERD VOTED (TIE, BREAKER) Mayor Tamm �,*,--'Weerd C ' Copy served upon Applicant, The Planning Division, Public Works Department and City Attorney. 01 ��"P7T L L Clit 011 B -y --j Dated: �s Ci eV1 1��TDTA N, , "er Q 4fc�e E I D f2en l-� �1 SF—A& CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). PP -13-043 -4- EXHIBIT A STAFF REPORT Hearing Date: April 15, 2014 TO: Mayor & City Council El091 FROM: Sonya Watters, Associate City Planner 208-884-5533 SUBJECT: PP -13-043 — Summerwood Subdivision I. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, Dent Pintus, has applied for a preliminary plat (PP) consisting of 30 single family residential building lots and 3 common/other lots on 10 acres of land in an R-4 zoning district for Summerwood Subdivision. See Section IX of the staff reportfor more information. II. SUMMARY RECOMMENDATION Staff recommends approval of the proposed PP application in accord with the conditions of approval in Exhibit B and the Findings of Fact and Conclusions of Law in Exhibit D. The Meridian Planning & Zoning Commission heard these items on March 6, 2014. At the public hearing, the Commission moved to recommend approval of the subject PP request. a. Summary of Commission Public Hearing: i. In favor: Sabrina Durtschi, Applicant's Representative ii. In opposition: None iii. CommentinIZ: Eugene Thompson; Paul Poorman iv. Written testimony: Sabrina Durtschi, Applicant's Representative (in agreement with staff report) v. Staff presenting application: Sonya Watters vi. Other staff commenting on application: None b. Key Issue(s) of Discussion by Commission: i. None c. Ke_y Commission Change(s) to Staff Recommendation: i. None d. Outstanding Issue(s) for City Council: L None The Meridian City Council heard these items on April 15, 2014. At the public hearWa the Council approved the subject PP request a. Summary of City Council Public Hearinz. i In favor: Sabrina Durtschi L In opposition: None iii. Commenting: None ice. Written testimony - Sabrina Durtschi Y. Staff presenting application: Sonya Watters _ Other staff commenting on application: None L Key Issues of Discussion by Council: i None c Key Council Changes to Staff/Commission Recommendation L one Summerwood Sub PP -013-043 PAGE 1 EXHIBIT A III. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to approve File Number PP -13- 043, as presented in the staff report for the hearing date of April 15, 2014, with the following modifications: (Add any proposed modifications). Denial After considering all staff, applicant and public testimony, I move to deny File Number PP -13-043, as presented during the hearing on April 15, 2014, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Numbers PP -13-043 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance.) IV. APPLICATION AND PROPERTY FACTS A. Site Address/Location: The site is located at 4202 and 4052 W. Daphne Street, in the SW '/4 of Section 27, Township 4 North, Range 1 West. (Parcel #'s: R0982010125 & R0982010150) B. Owner(s): Kent Pintus & Gerald Saxton 362 N 390 E Ivins, UT 84738 C. Applicant: Kent Pintus 362N390E Ivins, UT 84738 D. Representative: Sabrina Durtschi, Briggs Engineering 1800 W. Overland Road Boise, Idaho 83705 E. Applicant's Statement/Justification: Please see applicant's narrative for this information. V. PROCESS FACTS A. The subject application is for a preliminary plat. A public hearing is required before the Planning & Zoning Commission and City Council on this matter, consistent with Meridian City Code Title 11, Chapter 5. B. Newspaper notifications published on: February 17, and March 3, 2014 (Commission); March 24, and April 7, 2014 (City Council) C. Notices mailed to subject property owners on: February 7, 2014 (Commission); March 20, 2014 (City Council) D. Applicant posted notice on site(s) on: February 20, 2014 (Commission); April 3, 2014 (City Council Summerwood Sub PP -013-043 PAGE 2 EXHIBIT A VI. LAND USE A. Existing Land Use(s) and Zoning: There is an existing residential home one each of the subject parcels, zoned R-4. B. Character of Surrounding Area and Adjacent Land Use and Zoning: 1. North: Agricultural land (future residential), zoned R-4 2. East: Agricultural land (future residential, Bridgetower Estates Sub. 1), zoned R-4 3. South: Rural residential properties, zoned RUT in Ada County 4. West: Rural residential properties, zoned RUT in Ada County C. History of Previous Actions: ® In 1972, a final plat was recorded that included the subject property as Lots 6 and 7, Block 2, Black Cat Estates No. 2 ® 1112006, the subject property was annexed (AZ -06-022) and zoned R-4; and a preliminary plat (PP -06-022) was approved for Prato Villas subdivision. A development agreement was required as a provision of annexation, recorded as Instrument No. 108087854. ® In 2008, the Director approved an 18 month time extension (TE -08-012) on the preliminary plat in order to obtain the City Engineer's signature on a final plat. The preflininm y plat later expired. D. Utilities: 1. Location of sewer: The sanitary sewer main intended to provide service to this development is currently under construction in W. Wapoot Street as part of the Bridgetower Estates Subdivision No. 1. 2. Location of water: The domestic water main intended to provide service to this development is currently under construction in W. Wapoot Street as part of the Bridgetower Estates Subdivision No. 1. 3. Issues or concerns: Sanitary sewer and domestic water service to this development is contingent upon the completion and acceptance of the utilities being installed as part of the Bridgetower Estates Subdivision No. 1, including the installation of the Water Pressure Reducing Station (PRV) in McMillan Road, E. Physical Features: 1. Canals/Ditches Irrigation: The Scribner Lateral and the East Drain run across the southwest corner of this site. 2. Hazards: Staff is not aware of any hazards that exist on this property. 3. Flood Plain: This property does not lie within a floodplain or floodway. VII. COMPREHENSIVE PLAN POLICIES AND GOALS This property is designated "Low Density Residential" (LDR) on the Comprehensive Plan Future Land Use Map (FLUM). The LDR designation allows for the development of single-family homes on large lots where urban services are provided. Uses may include single-family homes at gross densities of three dwelling units or less per acre. This site is currently zoned R-4. The applicant proposes to develop the site with 30 single-family homes at a gross density of 3.01 dwelling units (d.u.) per acre, which is consistent with the target Summenvood Sub PP -013-043 PAGE 3 EXHIBIT A density of the LDR designation. Staff finds the following Comprehensive Plan policies to be applicable to this application and apply to the proposed use of this property (staff analysis in italics): ® "Support a variety of residential categories (low-, medium-, medium-high and high-density single-family, multi -family, townhouses, duplexes, apartments, condominiums, etc.) for the purpose of providing the City with a range of affordable housing opportunities." (3.07.01 E) The proposed preliminary plat is for a low density single-family residential development, Which should add to the variety of housing opportunities available in the City. The land to the north and east is proposed to develop at a slightly higher medium density while the existing properties to the south and ivest are a lotiver° rural residential density. ® "Require new residential development to meet development standards regarding landscaping, signage, fences and walls, etc." (3.05.02C) All common area landscaping and site amenities are required to comply with the standards listed in UDC I1 -3B and 11-3G-3. Separate permits shall be obtained for signage and fencing. Fencing shall comply with the standards listed in UDC 11-3A-7. ® "Require usable open space to be incorporated into new residential subdivision plats." The applicant proposes to provide LI 0 acres (or I I% of the site) of common open space within the subdivision, consistent with the mininnmr open space requirements listed in UDC 11-3G-3. ® "Protect existing residential properties from incompatible land use development on adjacent parcels." The site abuts other existing and fixture single-family residences. Because the existing, fixture and proposed uses are all single-family residential, the proposed development should be compatible. ® "Permit new development only where urban services can be reasonably provided at the time of final approval and development is contiguous to the City." Water and sewer services can be reasonably extended to the subjectproperty upon development. Police and fire protection are already provided ccs the proper -o) is i0thin the existing City limits. VIII. UNIFIED DEVELOPMENT CODE (UDC) A. Purpose Statement of Zone: Per UDC 11-2A-1, the purpose of the residential districts is to provide for a range of housing opportunities consistent with the Meridian comprehensive plan. Residential districts are distinguished by the allowable density of dwelling units per acre and corresponding housing types that can be accommodated within the density range. B. Schedule of Use: Unified Development Code (UDC) Table 11-2A-2 lists the principal permitted (P), accessory (A), conditional (C), and prohibited (-) uses in the R-4 zoning district. Any use not explicitly listed, or listed as a prohibited use is prohibited. The proposed use of the property for single-family detached dwellings is a principal permitted use in the R-4 zoning district. C. Dimensional Standards: Development of the site should be consistent with the dimensional standards listed in UDC Table 11-2A-5 for the R-4 zoning district. D. Landscaping: Landscaping: Street buffer landscaping shall be installed in accordance with the standards listed in UDC Table 11-2A-5 for the R-4 zoning district. Summerwood Sub PP -013-043 PAGE 4 EXHIBIT A E. Off -Street Parking: Off-street parking is required in accord with UDC Table 11-3C-6 for single- family dwellings. IX. ANALYSIS A. Analysis of Facts Leading to Staff Recommendation: Preliminary Plat The proposed plat consists of 30 building lots and 3 common/other lots on 10 acres of land in the R-4 zoning district. The plat is proposed to develop in two phases as shown in Exhibit A.2. The minimum lot size proposed is 8,030 square feet (s.£) with the average lot size being 8,500 s.f. The minimum living area of proposed dwelling units is required to bel,400 square feet (s.£). The gross density is 3 dwelling units per acre consistent with the LDR FLUM designation (see Section VII above). Dimensional Standards: Staff has reviewed the proposed plat for compliance with the dimensional standards listed in UDC Table 11-2A.5 for the R-4 district and found it to comply with the minimum standards. Existing Structures: There are two existing homes and a barn on the site. The home located in phase 2 and the barn located in phase 1 are proposed to be removed; the home in phase 1 is proposed to be moved to a fixture lot in the subdivision. The existing structures should be removed or relocated as applicable prior to signature by the City Engineer on the final plat in which they are located. Utilities: Street lighting is required to be installed within the development in accord with the City's adopted standards, specifications and ordinances. All development is required to connect to the City water and sewer system unless otherwise approved by the City Engineer in accord with UDC 11-3A-21. At the time this property was annexed into the City, sewer and water services were not available; therefore, the existing homes were not connected. Pressurized Irrigation (PI): An underground PI system is required to be provided to each lot in the subdivision as proposed in accord with UDC 11-3A-15. Storm Drainage: A storm drainage system is required for the development in accord with the City's adopted standards, specifications and ordinances. Design and construction shall follow best management practice as adopted by the City in accord with UDC 11-3A-18. Access: The primary access for this subdivision is at the south property boundary via W. Daphne Street. A secondary access is planned at the northeast boundary of the site to connect to a fixture street in Bridgetower Estates Subdivision. A stub street is proposed at the northwest boundary for future connection and interconnectivity upon redevelopment of the parcel to the west. Pathway: The Master Pathways Plan does not depict a segment of the City's regional pathway on this site. There is an internal pathway planned within the common area on Lot 7, Block 3 for pedestrian access to the picnic area and gazebo. Sidewallis/Parkways: A 5 -foot wide attached sidewalk is proposed around the perimeter of Block 3 and along W. Daphne Street; and an 8 -foot wide parkway and 4 -foot wide detached sidewalk is proposed along the remaining internal streets in accord with UDC 11-3A-17. Landscaping: A landscape plan was submitted with this application as shown in Exhibit A.3. Common area landscaping is required in accord with UDC 11 -3G -3E; the proposed plan complies with the minimum requirements. Summerwood Sub PP -013-043 PAGE 5 EXHIBIT A Open Space & Site Amenities: A minimum of 10% of the site is required to consist of open space in accord with UDC 11 -3G -3A; qualified open space is defined in UDC 11 -3G -3B. The site consists of 10 acres; therefore, a minimum of 1 acre of qualified open space is required to be provided. The plat depicts 1.1 acres of qualified open space consisting of a large (0.74 acre) open common area and parkways along internal local streets, consistent with this requirement. In accord with UDC 11 -3G -3A.2, a minimum of one site amenity is required to be provided with this development as defined in UDC 11 -3G -3C. The applicant proposes a barbeque, benches and a gazebo as quality of life amenities in compliance with this requirement. A detail of the gazebo should be submitted with the final plat application. Tree Mitigation: The landscape plan states there are a total of 186 caliper inches (c.i.) of trees on the site that are proposed to be removed; 66 c.i. of which are dying or hazardous and don't require mitigation; and 120 c.i. that require mitigation. The applicant should contact Elroy Huff, City Arborist, at 888-3579 to schedule an appointment to confirm mitigation requirements prior to removal of any trees on the site. Fencing: A 6 -foot tall privacy fence is proposed along the perimeter boundary of the subdivision as depicted on the landscape plan; all fencing should comply with the standards listed in UDC 11- 3A-7. Fencing adjacent to all pathways and common open space areas shall comply with the standards listed in UDC 11 -3A -7A. The fencing surrounding Lot 7, Block 3 (common lot) should be restricted to 4 feet in height if solid fencing is proposed or 6 feet if open vision material is used in accord with UDC 11 -3A -7A.7. Waterways: The Scribbner Lateral and East Drain cross the northwest corner of this site. These waterways are proposed to be relocated along the south and west property boundaries within a 35 -foot wide easement. The waterways should be piped in accord with UDC 11 -3A -6A. An encroachment agreement is required to be obtained for the lots that encroach within the irrigation easement; if an encroachment agreement can't be obtained, a common lot should be provided for the easement. In sunrmai)� Staff recommends approval of the proposed preliminmy plat requestfor this site ivith the recommended conditions listed in Exhibit B of this report in accord with the findings contained in Exhibit C. X. EXHIBITS A. Drawings/Other 1. Vicinity Map 2. Proposed Preliminary Plat (dated: 1/27/14) 3. Proposed Landscape Plan (dated: 2/3/14) B. Agency & Department Comments/Conditions C. Required Findings from Unified Development Code Summerwood Sub PP -013-043 PAGE 6 EXHIBIT A A. Drawings 1. Vicinity Map Exhibit A Page 1 EXHIBIT A 2. Proposed Preliminary Plat (dated: 1/27/14) 28127 Phase 2 VIES" I LLC R-4 ell 12 rim cn imm s�s 4i YAW01 KM 0 Rvr iv --------- - RM 33134 M.r AACAT i M,M= N Phase I COM N.. -91 S mutpmfr LLC R-4 �A t o mar m z FE r mATA Ma- W OR PXN.. U PRE m I R-4 %..,,_ � .. . . . . �2711/4 CORNER Exhibit A Page 1 3. Proposed Landscape Plan (dated: 2/3/14) NOTES L i�L<u�i+QazPEtnecrwe.:nn,nbnlraarwlclrroalevrr i• Nitii4L Wde.41Xr OnYf� lY INIffII> M NIItRFeFa,® 0. WWh Nb1015N[kNi@ti llkt4 fLitEHIMY ntY L.W"x�l! (C1P�Aft�YF.��[��-pp&Rp•2T�t iNG.9tN(CI�LN�c.IAwp�-�•)I�S�£&Cf. l tllln IFAH Pixi. StW{Cv1P.W,y'h[♦�Ii���Ka�61kk3>fEµEWq��N�k1�1q iHsl l� 4���sLar�:.�; IMWIrcA cf n[ lMU4!J3E RAhAl1:11 fiSinE a rn �11saki DEue ♦ �lNv l-aw :ut KeY0.aRNil nrl�'.4�!liY8L 11 t� IFD NIWe �A1 RU&iE c(t E. Iu�!a.pp�. t��Wyba4 Wry, ingfLb, vk ItuyR�pW mrLA YfH�48pM9alWtgnb tNt Yl�ltn'Nnlll �ia�r Nb ��Mii141vTItnYEi m1V��LL. Y nEb y141 it HNht Ib µr �t9VI Yl WYiiaty.YJb I G•fFY rffJ- Al L4\'#: GL Lof9 (fIP) Wa Cil ISTNES SUP EXHIBIT A LANPSCAPE CALCTI ULAONS 4H .ni 1.Nr^t -KANn1E 5Ra£i YY ic6'/Yr. i BLEU �t�EE •_vim+� /rUi sP ale Kiln/ 1. terra lrwe.Yn s Y9 ,µ beam EEJ�o�CNxu�IV1/N[[���'oU rtMnito M�Rt�1�atoA pt yAm Hl�e tlki 5EStknfe lO�e W1'gSU�I®OQIY r XraCb�r RRn I/rb.tity rdt ,bMWr� r SUMMERWOOD SUBDIVISION MERIDIAN, IDAHO PLANT PALETTE rnt Cah Cti1W-C L"Aja-EL If4te WD (.� hNYli��vrw K�FK HAI LEE�+S It�BcrRNit}�IE1 iJ GIERnID 0 `✓ cDN,frLSl•i�aln1enu i—t-0iTil%ii'W� iiii's� JE . rl �Ir. MwrrN`eiilv�bL sis NM Ii��N� recap t�vE/. ft YxGIGt/ut� tuyl�Aagp6io ZtJtl!'YM 1n�rXwDtD �KN'Wt {u1c1=t,f(�PE'�.1yS,y�;1p [YNIi�U 34'[J1V 011! 9taPerm.nrElN .P..«Po lnStltiN4.M 4 rPnlrM'. NA �i( NBR.P.vKIWilVLtlAYINnwm R.— m tl�4)� .ur.ry�gklub+Rit�a'�u}�,.�i�pp.`/�i�<ltalrlr Rl1tlA.�toorR{ivLL1kWi! Ml % iYtF`Pi`i�ricn Ond�ttbnl�[•tlYWt •�i /�IWa�wsn-m. R+AIY MIPf ! ��4wlA�w �ilbq+v K4WR F�k.'n=4MPNIY tlWw laGP IeaAl��' >ie� m — 0 ---1- TYPIGAI. MX-FI!R 6FGTION ra 1 1 Exhibit A Page 2 JE . rl �Ir. 1 •. f�r�R. Mi KVDI l�t+sY It�tel A1h.NNIPYt.Da ae dENSENBELTg .s>ecNtc ® .rq:.,s ...rte......, Exhibit A Page 2 EXHIBIT A B. EXHIBIT B - AGENCY & DEPARTMENT COMMENTS/CONDITIONS 1. PLANNING DEPARTMENT 1.1 Site Specific Conditions of Approval 1.1.1 All proposed and/or required fencing shall be consistent with the standards as set forth in UDC 11-3A-7. Fencing adjacent to pathways and interior common open space areas shall not exceed four (4) feet in height if closed vision fencing is used or six (6) feet in height if open vision fencing is used. 1.1.2 The applicant shall provide a minimum of 1.1 acres (or 10.1%) of qualified open space as depicted on the plat and landscape plan attached in Exhibit A in accord with UDC 11 -3G -3B. 1.1.3 The applicant shall provide a barbeque, benches and a gazebo on the site as amenities in accord with UDC 11 -3G -3C as shown on the landscape plan. 1.1.4 The landscape plan submitted with the final plat shall be revised as follows: a. The fencing along the rear of Lots 1, 2, 3, 5, and 6, Block 3 adjacent to the common area shall be reduced to 4 feet in height if solid material is used; or, a 6 -foot tall fence is allowed if open vision material is used, per UDC 11 -3A -7A.7. 1.1.5 The applicant shall submit a detail of the proposed gazebo with the final plat application. 1.1.6 The existing structures should be removed or relocated as applicable prior to signature by the City Engineer on the final plat in which they are located. 1.1.7 An encroachment agreement is required to be obtained for the lots that encroach within the 35 - foot wide irrigation easement along the south and west boundaries of the subdivision; if an encroachment agreement cannot be obtained, a common lot shall be provided for the easement. A copy of the recorded easement shall be submitted with the final plat application. 1.2 General Conditions of Approval 1.2.1 Comply with all bulk, use, and development standards of the R-4 zoning district listed in UDC Table 11-2A-6. 1.2.2 Comply with all provisions of 11-3A-3 with regard to access to streets. 1.2.3 Construct on -street bikeways on all collector streets as set forth in UDC 11-3A-5. 1.2.4 Comply with the provisions for irrigation ditches, laterals, canals and/or drainage courses, as set forth in UDC 11-3A-6. The existing waterways on the site shall be piped. 1.2.5 Construct the pathway and adjoining fencing and landscaping consistent with the standards as set forth in UDC 11 -3A -7A7 and 11-313-12C respectively. 1.2.6 Provide a pressurized irrigation system consistent with the standards as set forth in UDC 11-3A- 15, UDC 11-313-6 and MCC 9-1-28. 1.2.7 Comply with the sidewalk standards as set forth in UDC 11-3A-17. 1.2.8 Install all utilities consistent with the standards as set forth in UDC 11-3A-21 and 11 -3B -5J. 1.2.9 Construct all off-street parking areas consistent with the standards as set forth in UDC 11-3C-6 for single-family dwellings. 1.2.10 Construct the required landscape buffers consistent with the standards as set forth in UDC 11-313- 7C. -2- EXHIBIT A 1.2.11 Construct storm water integration facilities that meet the standards as set forth in UDC 11-313- 11 C. 1.2.12 Construct all parkways consistent with the standards asset forth in UDC 11 -3A -17E, 11-3G-3135 and 11-313-7C. 1.2.13 Comply with all subdivision design and improvement standards as set forth in UDC 11-6C-3, including but not limited to cul-de-sacs, alleys, driveways, common driveways, easements, blocks, street buffers, and mailbox placement. 1.2.14 Protect any existing trees on the subject property that are greater than four -inch caliper and/or mitigate for the loss of such trees as set forth in UDC 11-3B-10. 1.2.16 Comply with all provisions of UDC 11-3A-3 with regard to maintaining the clear vision triangle. 1.3 Ongoing Conditions of Approval 1.3.1 The applicant and/or assigns shall have the continuing obligation to provide irrigation that meets the standards as set forth in UDC 11-313-6 and to install and maintain all landscaping as set forth in UDC 11-313-5, UDC 11-313-13 and UDC 11-313-14. 1.3.2 All common open space and site amenities shall be maintained by an owner's association as set forth in UDC 11-3 G -3F 1. 1.3.3 The project is subject to all current City of Meridian ordinances and previous conditions of approval associated with this site (AZ -06-022, Development Agreement Instrument No. 108087854). 1.3.4 The applicant and/or property owner shall have an ongoing obligation to prune all trees to a minimum height of six feet above the ground or sidewalk surface to afford greater visibility of the area. 1.3.5 The applicant shall have an ongoing obligation to maintain all pathways. 1.3.6 The applicant has a continuing obligation to comply with the outdoor lighting provisions as set forth in UDC 11-3A-11. 1.3.7 The applicant and/or property owner shall have an ongoing obligation to maintain all landscaping and constructed features within the clear vision triangle consistent with the standards in UDC 1I - 3A -3. 1.4 Process Conditions of Approval 1.4.1 No signs are approved with this application. Prior to installing any signs on the property, the applicant shall submit a sign permit application consistent with the standards in UDC Chapter 3 Article D and receive approval for such signs. 1.4.2 The applicant shall complete all improvements related to public life, safety, and health as set forth in UDC 11-5C-313. A surety agreement may be accepted for other improvements in accord with UDC 11 -5C -3C. 1.4.3 The final plat, and any phase thereof, shall substantially comply with the approved preliminary plat asset forth in UDC 11-613-3 C2. 1.4.4 The applicant shall obtain approval for all successive phases of the preliminary plat within two years of the signature of the City Engineer on the previous final plat as set forth in UDC 11 -6B - 7B. -3- EXHIBIT A 1.4.5 The preliminary plat approval shall be null and void if the applicant fails to either 1) obtain the City Engineer signature on a final plat within two years or 2) gain approval of a time extension as set forth in UDC 11-613-7. 1.4.6 Upon installation of the landscaping and prior to inspection by Planning Department staff, the applicant shall provide a written certificate of completion as set forth in UDC 11-313-14A. 2. PUBLIC WORKS DEPARTMENT 2.1 Site Specific Conditions of Approval 2.1.1 The applicant shall be responsible for the construction of water and sewer mains from their current points of terminus to and through the proposed development. Sanitary sewer and domestic water set -vice to this development is contingent upon the completion and acceptance of the utilities being installed as part of the Bridgetower Estates Subdivision No. 1, including the installation of the Water Pressure Reducing (PRV) Station in McMillan Road. 2.1.2 The applicant shall be responsible to construct an 8 -inch diameter water main along the development's frontage in W. Daphne Street. 2.2 General Conditions of Approval 2.2.1 Applicant shall coordinate water and sewer main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service outside of a public right-of-way. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub -grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2.2.2 Per Meridian City Code, the applicant shall be responsible to install sewer and water mains to and through this development. 2.2.3 The applicant shall provide easement(s) for all public water/sewer mains outside of public right of way (include all water services and hydrants). The easement widths shall be 20 -feet wide for a single utility, or 30 -feet wide for two. The easements shall not be dedicated via the plat, but rather dedicated outside the plat process using the City of Meridian's standard forms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement (on the form available from Public Works), a legal description prepared by an Idaho Licensed Professional Land Surveyor, which must include the area of the easement (marked EXHIBIT A) and an 81/2" x 11" map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. 2.2.4 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 12-13-8.3). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single -point connection to the culinary water system shall be required. If a single -point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to prior to receiving development plan approval. 2.2.5 All existing structures that are required to be removed shall be prior to signature on the final plat by the City Engineer. 2.2.6 All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per UDC 11-3A-6. Plans shall be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or non -approval submitted to the Public Works Department. -4- EXHIBIT A If lateral users association approval can't be obtained, alternate plans shall be reviewed and approved by the Meridian City Engineer prior to final plat signature. 2.2.7 Any existing domestic well system within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9 4 8 contact the City of Meridian Engineering Department at (208)898-5500 for inspections of disconnection of services. Wells may be used for non-domestic purposes such as landscape irrigation if approved by Idaho Department of Water Resources Contact Robert B. Whitney at (208)334-2190. 2.2.8 Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 8. Contact Central District Health for abandonment procedures and inspections (208)375-5211. 2.2.9 Street signs are to be in place, sanitary sewer and water system shall be approved and activated, fencing installed, drainage lots constructed, road base approved by the Ada County Highway District and the Final Plat for this subdivision shall be recorded, prior to applying for building permits. 2.2.10 A letter of credit or cash surety in the amount of 110% will be required for all uncompleted fencing, landscaping, amenities, etc., prior to signature on the final plat. 2.2.11 All development improvements, including but not limited to sewer and water, fencing, micro - paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy. 2.2.12 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to the issuance of a plan approval letter. 2.2.13 It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 2.2.14 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.2.15 Developer shall coordinate mailbox locations with the Meridian Post Office. 2.2.16 All grading of the site shall be performed in conformance with MCC 11-12-3H. 2.2.17 Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 2.2.18 The engineer shall be required to certify that the street centerline elevations are set a minimum of 3 -feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1 -foot above. 2.2.19 The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACRD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. 2.2.20 At the completion of the project, the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 2.2.21 100 Watt and 250 Watt, high-pressure sodium street lights shall be required on all public roadways per the City of Meridian Improvement Standards for Street Lighting. All street lights shall be installed at developer's expense. Final design shall be submitted as part of the -5- EXHIBIT A development plan set for approval, which must include the location of any existing street lights. Street lighting is required at intersections, corners, cul-de-sacs, and at a spacing that does not exceed that outlined in the Standards. The contractor's work and materials shall conform to the ISPWC and the City of Meridian Supplemental Specifications to the ISPWC. 2.2.22 The City of Meridian requires that the owner post to the City a performance surety in the amount of 125% of the total construction cost for all incomplete sewer, water and reuse infrastructure prior to final plat signature. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Please contact Land Development Service for more information at 887-2211. 2.2.23 The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20% of the total construction cost for all completed sewer, water and reuse infrastructure for duration of two years. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Please contact Land Development Service for more information at 887-2211. 3. POLICE DEPARTMENT 3.1 The Police Department has no concerns related to the site design submitted with the application. 4. FIRE DEPARTMENT 4.1 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department in accordance with International Fire Code Section (IFC) 508.5.4 as follows: a. Fire hydrants shall have the 4 'Yz" outlet face the main street or parking lot drive aisle. b. Fire hydrants shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works specifications. d. Fire Hydrants shall be placed on comers when spacing permits. e. Fire hydrants shall not have any vertical obstructions to outlets within 10'. £ Fine hydrants shall be placed 18" above finished grade to the center of the 4'/2" outlets. g. Fire hydrants shall be provided to meet the requirements of 1FC Section 509.5. h. Show all proposed or existing hydrants for all new construction or additions to existing buildings within 1,000 feet of the project. 4.2 All entrances, internal roads, drive aisles, and alleys shall have a turning radius of 28' inside and 48' outside, per International Fire Code Section 503.2.4. 4.3 Ensure that all yet undeveloped parcels are maintained free of combustible vegetation as set forth in International Fire Code Section 304.1.2. 4.4 Fire lanes, streets, and structures (including the canopy height of mature trees) shall have a vertical clearance of 13'6 as set forth in International Fire Code Section 503.2.1. 4.5 Operational fine hydrants, temporary or permanent street signs, and access roads with an all-weather surface are required to be installed before combustible construction material is brought onto the site, as set forth in International Fire Code Section (IFC) 501.4 and Meridian amendment to IFC 10-4-2J. 4.6 The applicant shall work with Public Works and Planning Department staff to provide an address identification plan and a sign which meets the requirements of the City of Meridian sign ordinance and is placed in a position that is plainly legible and visible from the street or road fronting the property, as set forth in International Fire Code Section 505.1. -6- EXHIBIT A 5. REPUBLIC SERVICES 5.1 Republic Services has no comments on this application. 6. PARKS DEPARTMENT 6.1 The applicant shall contact Elroy Huff, City Arborist, at 208-888-3579 to schedule an appointment to inspect the existing trees on the site to determine mitigation requirements. 7. ADA COUNTY HIGHWAY DISTRICT 7.1. Site Specific Conditions of Approval 7.1.1 Construct Daphne Street as one-half of a 36 -foot street section with curb, gutter, and 5 -foot wide sidewalk abutting the site. 7.1.2 Construct Joy Street into the site as a 36 -foot street section (back of curb to back of club) with curb and gutter within 42 -feet of right-of-way, and a 5 -foot wide detached sidewalk abutting the site. 7.1.3 Provide an easement for any sidewalk placed outside of dedicated right-of-way. The easement shall encompass the entire area between the right-of-way line and 2 -feet behind the back edge of the sidewalk. 7.1.4 Either vacate or improve the knuckle at the intersection of Joy and Daphne Streets. If the knuckle is to be incorporated as part of the site, the applicant will be required to vacate the right-of-way through a separate public hearing process. 7.1.5 Construct Cypress Street, Willow Avenue, and Red Oak Avenue as a 36 -foot street section (back of curb to back of curb) within 42 -feet of right-of-way, and 5 -foot wide attached sidewalk on one - side of the street and a 5 -foot wide detached sidewalk along the other side of the street. 7.1.6 Construct Wapoot Street where it abuts Lots 1, 2, 3, and 4, Block 3, as a 36 -foot street section (back of curb to back of curb) within 42 -feet of right-of-way, and 5 -foot wide detached sidewalk on one -side of the street and a 5 -foot wide attached sidewalk along the Block 3 side of the street. 7.1.7 Construct the 2 stub street sections of Wapoot Street as 36 -foot street sections (back of curb to back of curb) within 42 -feet of right-of-way, and 5 -foot wide detached sidewalks from the west property line, approximately 150 -feet east to the where it intersects with Red Oak Avenue; and approximately 150 -feet west from the east property line where it intersects with Willow Avenue. 7.1.8 Install signage at the terminus of the stub street to the west property line stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE." 7.1.9 In the event the proposed stub street fi•om the east property line is not constructed, install signage at the terminus of the stub street stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE." 7.1.10 Provide a plan to prevent mud tracking into the Bridgetower Heights development, as well as a mechanism to implement and enforce the plan until the lots in the Summerwood development have been frilly developed, the houses built, and the lots vegetated and stabilized. 7.1.11 Payment of impacts fees are due prior to issuance of a building permit. 7.1.12 Comply with all Standard Conditions of Approval. 7.2 Standard Conditions of Approval (DRAFT) 7.2.1 All irrigation facilities shall be relocated outside of the ACHD right-of-way. -7- EXHIBIT A 7.2.2 Private Utilities including sewer or water systems are prohibited from being located within the ACHD right-of-way. 7.2.3 In accordance with District policy, 7203.3, the applicant may be required to update any existing non-compliant pedestrian improvements abutting the site to meet current Americans with Disabilities Act (ADA) requirements. The applicant's engineer should provide documentation of ADA compliance to District Development Review staff for review. 7.2.4 Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 7.2.5 A license agreement and compliance with the District's Tree Planter policy is required for all landscaping proposed within ACHD right-of-way or casement areas. 7.2.6 All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 7.2.7 It is the responsibility of the applicant to verify all existing utilities within the right-of-way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1-811-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 7.2.8 Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details. 7.2.9 All design and construction shall be in accordance with the ACHD Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Standards unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 7.2.10 Construction, use and property development shall be in conformance with all applicable requirements of ACHD prior to District approval for occupancy. 7.2.11 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 ACHD. The burden shall be upon the applicant to obtain written confirmation of any change from ACHD. 7.2.12 If the site plan or use should change in the future, ACHD Planning Review will review the site plan and may require additional improvements to the transportation system at that time. Any change in the planned use of the property which is the subject of this application, shall require the applicant to comply with ACHD Policy and Standard Conditions of Approval in place at that time unless a waiver/variance of the requirements or other legal relief is granted by the ACHD Commission. -8- EXHIBIT A C. Required Findings from Unified Development Code Preliminary Plat Findings: In consideration of a preliminary plat, combined preliminary and final plat, or short plat, the decision-making body shall make the following findings: a. The plat is in conformance with the Comprehensive Plan; The City Council finds that the proposed plat is in substantial compliance with the adopted Comprehensive Plan in regard to land use, transportation, and circulation. Please see Comprehensive Plan Policies and Goals, Section VII, of the Staff Report for more information. b. Public services are available or can be made available and are adequate to accommodate the proposed development; The City Council finds that City water and sewer services will be provided to the subject property upon the completion and acceptance of the utilities being installed as part of the Bridgetower Estates Subdivision No. 1, including the installation of the Water Pressure Reducing Station (PRV) in McMillan Road. (See Exhibit B of the Staff Report for more details from public service providers.) c. The plat is in conformance with scheduled public improvements in accord with the City's capital improvement program; Because City water and sewer and any other utilities will be provided by the development at their own cost, the City Council finds that the subdivision will not require the expenditure of capital improvement funds. d. There is public financial capability of supporting services for the proposed development; Based upon comments provided from the public service providers (i.e., Police, Fire, ACRD, etc.), the City Council determined there is public financial capability of supporting services for the proposed development. (See Exhibit B for more detail.) e. The development will not be detrimental to the public health, safety or general welfare; and The City Council finds the proposed development will not be detrimental to the public health, safety or general welfare. -9- DATE: • , 2014 ITEM NUMBER: 5L IM 1 Findings of Fact, Conclusions of Law for Approval: AZ 14-003 Heritage Grove by Tucker Johnson Located Northwest Corner of N. Locust Grove Road and E. Ustick Road Request: Annexation of Approximately 1.49 Acres from RUT in Ada County to the R-15 (Medium High Density Residential) Zoning District MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS DATE: May 6, ' NUMBER:ITEM ■_ •= • 11 Findings of Fact, Conclusions of Law for Approval: PP 14-001 Heritage Grove by Tucker Johnson Located Northwest Corner of N. Locust Grove Road and E. Ustick Road Request: Preliminary Plat Approval Consisting of 121 Single Family Residential Lots and 19 Common Lots on Approximately 21.71 Acres in an Existing and Proposed R-15 Zoning District Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS NUMBER:DATE: May 6, 2014 ITEM ITEM TITLE: HERITAGE GROVE Findings of Fact, Conclusions of Law for Approval: PUD 14-001 Heritage Grove by Tucker Johnson Located Northwest Corner of N. Locust Grove Road and E. Ustick Road Request: Planned Unit Development to Modify the R-15 Dimensional Standards of the Mew and Alley Loaded Lots to Allow for Exemplary Design ,il���hCr7TC•���C ueA� Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS • • r DATE: • , 2014 ITEM NUMBER: 50 Findings of Fact, Conclusions of Law for Approval: MDA 14-001 Heritage Grove by Tucker Johnson Located Northwest Corner of N. Locust Grove Road and E. Ustick Road Request: Development Agreement Modification to Change the Development Plan from Multi -Family to Single Family MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER EIDIAN�_�, In the Matter of the Request to Annex 1.49 Acres of Land with the R-15 Zoning District; Planned Unit Development to Modify the R-15 Dimensional Standards of the Mew and Alley -load Lots; Preliminary Plat Consisting of 121 Residential Building Lots and 19 Common/Other Lots on 21.71 Acres of Land; and Development Agreement Modification to Change the Development Plan from Multi -family to Single Family, Located on the Northwest Corner of E. Ustick Road and N. Locust Grove Road; by Tucker Johnson. Case No(s). AZ -14-003; PUD -14-001; PP -14-001; and MDA -14-001 For the City Council Hearing Date of. April 15, 2014 (Findings on May 6, 2014) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of April 15, 2014, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of April 15, 2014, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of April 15, 2014, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of April 15, 2014, incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted April 19, 2011, Resolution No. 11-784 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A. 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -14-001; PUD -14-001; PP -14-001; & MDA -14-001 -1- 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning Division, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of April 15, 2014, incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § I 1-5A and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's request for annexation and development agreement modification is hereby approved with the provisions in Exhibit B of the Staff Report for the hearing date of April 15, 2014, attached as Exhibit A. 2. The applicant's request for planned unit development and preliminary plat is hereby approved per the conditions included in Exhibit B of the Staff Report for the hearing date of April 15, 2014, attached as Exhibit A. D. Notice of Applicable Time Limits Notice of Preliminary Plat Duration Please take notice that approval of a preliminary plat, combined preliminary and final plat, or short plat shall become null and void if the applicant fails to obtain the city engineer's signature on the final plat within two (2) years of the approval of the preliminary plat or the combined preliminary and final plat or short plat (UDC 11 -6B -7A). In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of two (2) years, may be considered for final approval without resubmission for preliminary plat approval (UDC 11-613-713). Upon written request and filed by the applicant prior to the termination of the period in accord with 11 -6B -7.A, the Director may authorize a single extension of time to obtain the City Engineer's signature on the final plat not to exceed two (2) years. Additional time extensions up to two (2) years as determined and approved by the City Council may be granted. With all extensions, the Director or City Council may require the preliminary plat, combined preliminary and final plat or short plat to comply with the current provisions of Meridian City Code Title 11. If the above timetable is not met and the applicant does not receive a time extension, the property shall be required to go through the platting procedure again (UDC 1I - 6B -7C). Notice of Two (2) Year Conditional Use Permit Duration Please take notice that the conditional use permit, when granted, shall be valid for a maximum period of two (2) years unless otherwise approved by the City. During this time, the applicant CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -14-001; PUD -14-001; PP -14-001; & MDA -14-001 -2- shall commence the use as permitted in accord with the conditions of approval, satisfy the requirements set forth in the conditions of approval, and acquire building permits and commence construction of permanent footings or structures on or in the ground. For conditional use permits that also require platting, the final plat must be signed by the City Engineer within this two (2) year period. Upon written request and filed by the applicant prior to the termination of the period in accord with 11-513-6.G.1, the Director may authorize a single extension of the time to commence the use not to exceed one (1) two (2) year period. Additional time extensions up to two (2) years as determined and approved by the City Council may be granted. With all extensions, the Director or City Council may require the conditional use comply with the current provisions of Meridian City Code Title I I(UDC 11-513-6F). Notice of Two (2) Year Development Agreement Duration The development agreement shall be signed by the property owner and returned to the City within two (2) years of the City Council granting annexation and/or rezone (UDC 11-513-31)). A modification to the development agreement may be initiated prior to signature of the agreement by all parties and/or may be requested to extend the time allowed for the agreement to be signed and returned to the City if filed prior to the end of the two (2) year approval period (UDC 11-513-317). E. Notice of Final Action and Right to Regulatory Takings Analysis 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, denial of a development application entitles the Owner to request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. 2. Please take notice that this is a final action of the governing body of the City of Meridian. When applicable and pursuant to Idaho Code § 67-6521, any affected person being a person who has an interest in real property which may be adversely affected by the final action of the governing board may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. F. Attached: Staff Report for the hearing date of April 15, 2014 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -14-001; PUD -14-001; PP -14-001; & MDA -14-001 -3- r By action of the City Council at its regular meeting held on the day of 2014, a COUNCIL PRESIDENT CHARLIE ROUNTREE COUNCIL VICE PRESIDENT KEITH BIRD COUNCIL MEMBER DAVID ZAREM 3A COUNCIL MEMBER JOE BORTON COUNCIL MEMBER LUKE CAVENER COUNCIL MEMBER GENESIS MIL,AM MAYOR TAMMY de WEERD (TIE BREAKER) VOTED I L� ... VOTED VOTED VOTED x�^ VOTED 5 cut"'a. VOTED , } VOTED r' Mayor Tamm i ,� dei° eerd Copy served upon Applicant, The Planning Division, Public Works Department and City Attorney. e D A lj T' / ��$, j By: Dated: 4y of city Cl c's fic ( EI ID IDANrd SEAL T6�0�:L� TAF nSU�Y CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -14-001; PUD -14-001; PP -14-001; & MDA -14-001 -4- EXHIBIT A STAFF REPORT ENItDIAM�'_ Hearing Date: April 15, 2014 0Z TO: Mayor and City Council FROM: Bill Parsons, Associate City Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: Heritage Grove Subdivision — AZ -14-003; PUD -14-001; PP -14-001 and MDA - 14 -001 I. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, Tucker Johnson, has requested approval of the following applications: 1) Annexation of approximately 1.49 acres from the RUT zoning district in Ada County to the R-15 (Medium High-density Residential) zoning district; 2) Planned unit development to modify the R-15 dimensional standards of the mew and alley loaded lots to allow for an exemplary design; 3) Preliminary plat consisting of 121 single family residential lots and 19 common lots on approximately 21.71 acres and; 4) Development Agreement modification to change the development plan from multi -family to single family. See Section ISP of the staff report for more information. IL SUMMARY RECOMMENDATION Staff recommends approval of the proposed AZ, PUD, PP and MDA applications in accord with the conditions of approval in Exhibit B and the Findings of Fact and Conclusions of Law in Exhibit D. The Planning and Zoning Commission heard these items on March 6. 2014. At the public hearing. the Commission voted to recommend approval of the subiect AZ. PUD and PP requests. a. Summary of Commission Public Hearing: i. In favor: Tucker Johnson ii. In opposition: None iii. Commenting: Josh Leblanc and Randy Spiwalc iv. Written testimonv: Roberta Garvin. Wendell Martin and Anne Hutchinson v. Staff presenting application: Bill Parsons vi. Other staff commenting on application: None b. Key Issue(s) of Discussion by Commission: L Cost sharing for the perimeter fencing. c. Kev Commission Change(s) to Staff Recommendation: i. None d. Outstanding Issue(s) for City Council: i. None Heritage Grove Subdivision — AZ -14-003; PUD -14-001; PP -14-001 and MDA -14-001 PAGE 1 EXHIBIT A The Meridian City Council heard these items on April 15, 2014, At the public hearing, the Council approved the subject AZ. PUD. PP and MDA reauests. a=Summary of City Council Public Hearing: i In favor: Tucker Johnson ii. In o Vpojjtion: None i& Commenting: None m Written testimony: None L Staff presen Wg application: Bill Parsons A Other staff commenting on application: Ted Baird b- Key Issues of Discussion by Council: L None c. Kev Council Changes to Staff/Commission Recommendation i. The development (closure of the Ustick Road access and the Ustick landscape buffed of the Trail property may commence with Phase 2 of the project. DA Provision C and S to Specific Condition of approval 1.2.1(a.b.c) and 1.2.7 were modified accordingly. & Added Condition of Approval 1.2.14: Restricting Lots 26-35, Block 6 to single story homes as testified by the applicant. III. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to approve File Numbers AZ -14- 003; PUD -14-001; PP -14-001 and MDA -14-001 as presented in the staff report for the hearing date of April 15, 2014, with the following modifications: (Add any proposed modifications). Denial After considering all staff, applicant and public testimony, I move to deny File Numbers AZ -14-003; PUD -14-001; PP -14-001 and MDA -14-001 as presented in the staff report for the hearing date of April 15; 2014, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Numbers AZ -14-003; PUD -14-001; PP -14-001 and MDA -14-001 (optional) to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance.) IV. APPLICATION AND PROPERTY FACTS A. Site Address/Location: The site is located on the northwest corner of N. Locust Grove Road and E. Ustick Road in the SE 1/4 of Section 28, Township 4N, Range 1W. (Parcel #'s: S053144935; 50531449450 and S0531449105) B. Applicant/Representative: Tucker Johnson, Green Village Development 372 S. Eagle Road, Suite #328 Eagle, Idaho 83616 C. Owner(s): Leon and LaRue Johnson Michael and Leslie Trail 2453 E. Wainwright Drive 1370 E. Ustick Road Meridian, Idaho 83646 Meridian, Idaho 83646 Steve and Bette Charitable Remainder Unitrust Heritage Grove Subdivision— AZ -14-003; PUD -14-001; PP -14-001 and MDA -14-001 PAGE 2 EXHIBIT A 1095 Mountain Ridge Road Provo, Utah 84604 D. Applicant's Statement/Justification: Please see applicant's narrative for this information. V. PROCESS FACTS A. The subject application is for an annexation, planned unit development, preliminary plat and development agreement modification. A public hearing is required before the Planning and Zoning Commission and City Council on this matter, consistent with Meridian City Code Title 11, Chapter 5. B. Newspaper notifications published on: February 17, and March 3, 2014 (Commission); March 24, and April 7, 2014 (Council) C. Radius notices mailed to properties within 300 feet on: February 10, 2014 (Commission); March 20, 2014 (Council) D. Applicant posted notice on site(s) on: February 20, 2014 (Commission); March 28, 2014 Council VI. LAND USE A. Existing Land Use(s) and Zoning: The properties are agricultural in nature and consist of several single family residences and outbuildings, zoned RUT and R-15. B. Character of Surrounding Area and Adjacent Land Use and Zoning: 1. North: Quenzer Commons Subdivision and LDS Church, zoned R-8 and RUT (Ada County) 2. East: Summerfield Subdivision, County residence, zoned R-8 and RUT (Ada County) 3. South: Howell Tract Subdivision, zoned R-8 4. West: Wanda's Meadows Subdivision and County residence, zoned R-4 and RUT (Ada County) C. History of Previous Actions: In 2008, a majority of the subject property (excluding the Trail property) received annexation, preliminary plat, conditional use permit, private street and alternative compliance approval (AZ -07-020, PP -07-027, CUP -07-023, PS -07-008 and ALT -07- 020) to develop a 120 unit multi -family development for the Chalet Marseilles Subdivision. The annexation was approved with a development agreement which recorded as instrument 4108065962. In 2009, the Director granted the approval of an 18 -month time extension to obtain the City Engineer's signature on a final plat and commence the conditional use for Chalet Marseilles Subdivision. Subsequent time extensions were not filed with the Planning Division, thus the preliminary plat and the conditional use permit have expired. D. Utilities: 1. Public Works: a. Location of sewer: Sanitary sewer mains intended to provide service to this proposed development are existing adjacent to the development in E. Ustick Road, N. Locust Grove Road, N. Yellow Peak Avenue, and N. Heritage View Avenue. b. Location of water: Domestic water mains intended to provide service to this proposed development are existing adjacent to the development in E. Ustick Road, N. Locust Grove Road, N. Yellow Peak Avenue, and N. Heritage View Avenue. Heritage Grove Subdivision—AZ-14-003; PUD -14-001; PP -14-001 and MDA -14-001 PAGE 3 EXHIBIT A c. Issues or concerns: The current design location of the sanitary sewer and water mains across the Block 4, and Block 12 Mews does not comply with Meridian Public Works Standards. Specifically there would need to be a 14 -foot wide all weather gravel road over the utilities per Standard Drawing No. G2. E. Physical Features: 1. Canals/Ditches h-rigation: No major facilities exist on the properties but several irrigation ditches traverse the property and must be tiled in accord with UDC 11-3A-6. 2. Hazards: Staff is not aware of any hazards that exist on these properties. 3. Flood Plain: NA VII. COMPREHENSIVE PLAN POLICIES AND GOALS The subject property is designated "Medium Density Residential" (MDR) on the future land use map. The MDR designation allows smaller lots for residential purposes within City limits. Uses may include single-family homes at densities of 3 to 8 dwelling units per acre. The proposed preliminary plat depicts 121 single-family detached lots on 21.71 acres of land at a gross density of 5.57 dwelling units per acre consistent with the MDR designation. Concurrently, the applicant is requesting to annex 1.49 acres with an R-15 zoning district. The R-15 zone is requested to match the zoning of the remaining acreage approved with the annexation in 2008. Although the zoning of the proposed development allows a maximum density of 15 dwelling units to the acre, the proposed density falls within the parameters of the MDR designation of the comprehensive plan. As an addendum to the Comprehensive Plan, the City adopted the Design Manual that includes guidelines that encourages aesthetic development that results in an attractive and livable community. Specifically, the Plan envisions the creative and innovative use of current and emerging development trends and design practices. To support the design of the proposed plat and meet the current development trends, the applicant is proposing to develop the property under the guidelines of a planned unit development (PUD). Staff believes the residential subdivision should emphasize the pedestrian environment and community connectivity through the integration of street networks, attractive streetscapes and landscaping, access to transit and accessibility to common open spaces. Staff has identified the applicable Comprehensive Plan policies that support the proposed development and many of the design concepts noted above (staff analysis in italics; comp. plan reference in parenthesis): • "Support a variety of residential categories (low-, medium-, medium-high and high-density single-family, multi -family, townhouses, duplexes, apartments, condominiums, etc.) for the purpose of providing the City with a range of affordable housing opportunities." (3.07.01 E) The applicant is proposing to develop a mixed use residential development consisting metiv/alley-load homes and traditional single family homes at gross densities similar to the adjacent subdivisions. • "Provide housing options close to employment and shopping centers." (3.07.02D) The proposed development tit,ill provide housing opportunities in close proximii3) to the existing shopping centers along the Eagle and Fairview corridors. Heritage Grove Subdivision—AZ-14-003; PUD -14-001; PP -14-001 and MDA -14-001 PAGE 4 EXHIBIT A ® "Require new residential development to meet development standards regarding landscaping, signage, fences and walls, etc." (3.05.02C) Street buffer landscaping is required adjacent to N. Locust Grove Road and E. Ustick Road in accord with the standards listed in UDC 11 -3B -7C as shown on the landscape plan. The internal blocks will have housing that fronts on mews and the internal blocks will also have 8 -foot wide parkways to provide an attractive streetscape. All signage and fencing must be in cornpliance with the standards listed in UDC I1 -3D-5 and 11-3A-7 respectively. ® "Require common area in all subdivisions." (3.07.02F) The applicant is required to provide a rninimurn of 10% qualified open space as set forth in UDC 11-3G-3. The proposed plat depicts 15.3% (or 3.32 acres) of qualified open space. The proposed subdivision is in cornpliance with the cormnon open space requirement. ® "Permit new development only where urban services can be reasonably provided at the time of final approval and development is contiguous to the City." (3.01.01F) Cit}) services are required to be extended to the properties upon development in accord with UDC 11-3A-21. Since the existing home and the secondary dwelling on Lot 25, Block 6 will remain as part of the project; they must be connected to cit) services upon annexation of the properh'• ® "Require new development for appropriate opportunities to connect local roads and collectors to adjacent properties." (3.03.020) With the development of the Wanda's Meadows and Quenzer Commons Subdivisions, the City required a stub street fr oin each development (north and south boundary) that will be extended with the construction of the subdivision. In the northern half of the proposed development, the applicant is stubbing a street to the Ada County parcels on the ivest and east boundary for firtzire connectivity. e "Require pedestrian access connectors in all new development to link subdivisions together to promote neighborhood connectivity." (3.07.02C) Interconnected ivalkways are proposed within the mew lots and a combination of 5 -foot wide attached and detached sidewalks is proposed along the local and arterial streets that enhances pedestrian connectivity in the area. ® "Restrict private curb cuts and access points on collectors and arterial streets." (3.06.02D) The existing dwellings on Lot 25, Block 6 have an access to E. Ustick Road. With the development of the subdivision, access to the dwellings should be provided from the internal street, E. Spring Place Street, in accord with UDC 11-3A-3. a "Work with transportation agencies and private property owners to preserve transportation corridors, future transit routes and infrastructure, road and highway extensions and to facilitate access management planning." (3.01.01J) Currently, ACHD has connnenced with the re -construction of the Ustick/Locust Grove intersection. The applicant is coordinated closely with the transportation department on the subdivision improvements (e.g. landscaping, irrigation, hater and server extensions). ® "Coordinate with transportation agencies to ensure provisions of services and transit development." (6.02.02H) Heritage Grove Subdivision— AZ -14-003; PUD -14-001; PP -14-001 and MDA -14-001 PAGE 5 EXHIBIT A FRT has a transit route planned along the Ustick Road Corridor which may be supported by the proposed development. ® "Elevate quality of design for houses and apartments; evaluate the need for design review guidelines for single-family homes." (3.07.020) Because the applicant is proposing a planned unit development, more details are required to support the design of the project. One of the requirements is placing a greater emphasis on the design of the plat, the architectural embellishments of the homes and the placement of the structures on the lots. As part of this application the applicant has submitted a detail list of the design features of the homes, sample elevations and an exhibit shoiving how the homes ivill be oriented towards the street with varying setbacks. Staff is of the opinion that the design of the plat and the design features of the homes support many of the design guidelines in the Design Manual. For the above stated reasons, staff finds the proposed project is consistent with the goals and objectives in the Comprehensive Plan. VIII. UNIFIED DEVELOPMENT CODE (UDC) A. Purpose Statement of the Zone(s): (R-15 zone) - The purpose of the residential districts is to provide for a range of housing opportunities consistent with the Meridian Comprehensive Plan. Residential districts are distinguished by the allowable density of dwelling units per acre and corresponding housing types that can be accommodated within the density range. B. Schedule of Use: Table 11-2A-2 lists the principal permitted (P), accessory (A), conditional (C), and prohibited (-) uses in the R-15 zoning district. Any use not explicitly listed, or listed as a prohibited use is prohibited. C. Dimensional Standards: The lots in the proposed preliminary plats appear to conform to the dimensional standards of the applicable district. Development of the site shall comply with the dimensional standards listed in UDC Table 11-2A-7 for the R-15 zoning district. D. Landscaping: ® Street buffer landscaping shall be installed in accordance with the standards listed in UDC Table 11-2A-7 and UDC 11-313-7C for the R-15 zoning district. ® The proposed micropaths shall comply with the design standards in accord with UDC 11-3A- 8 and UDC 11-313-12. ® The 8 -foot wide parkways proposed along the local streets are required to comply with the design standards outlined in UDC I1 -3A-17 and UDC 11-313-7C. ® Per UDC 11-3G-3, the plat is required to provide 10 percent open space and two (2) amenities. E. Subdivision Design and Improvement Standards: The subdivision must comply with the subdivision design standards outlined in UDC 11-6C-3. F. Off -Street Parking: Off-street parking is required in accord with UDC Table 11-3C-6 for single- family dwellings. The traditional family lots are required to comply with the parking standards. The rnew lots and the alley loaded lots are not required to provide the required parking pads in front of the garages. The applicant is proposing a single parking stall between the homes that access off of the alley through a platted easement. The prtrpose of this parking and how it would function would be controlled through the subdivision CCR's. Heritage Grove Subdivision — AZ -14-003; PUD -14-001; PP -14-001 and MDA -14-001 PAGE 6 EXHIBIT A IX. ANALYSIS A. Analysis of Facts Leading to Staff Recommendation: Annexation (AZ): The applicant is requesting to annex approximately 1.49 acres from the RUT zoning district in Ada County to the R-15 (Medium High-density Residential) zoning district. Currently, the property is developed with two dwellings and several outbuildings that will remain with the development of the subdivision. The applicant is requesting the R-15 zone so that the zoning is consistent throughout the Heritage Grove development. The annexation legal description and exhibit map submitted by the applicant, included in Exhibit C, shows the boundary of the property proposed to be annexed and zoned contiguous to the existing boundary of the City of Meridian and within the approved Area of City Impact boundary. Development Agreement Modification (MDA): At the time of annexation approval in 2008 (Chalet Marseilles), the two larger parcels were approved to develop with 120 multi -family units. Now that multi -family is no longer desired for the property and a single family residential development is proposed, the applicant is requesting to replace the existing development agreement (instrument #108065962) with a new one. (see Exhibit B for the new DA provisions) Planned Unit Development (PUD): The applicant is requesting approval of a PUD for deviations from the R-15 district requirements pertaining to building setbacks for the alley and mew lots internal to the proposed development (Blocks 3-5 and 10-12). The perimeter lots within the proposed development are not proposed for modification and must comply with the R-15 dimensional standards in the UDC. All of the proposed lots exceed the lot size requirements (2,400 square feet) of the R-15 district. Per UDC 11-7-1, the purpose of the PUD requirements is to provide an opportunity for exemplary site development that meets the following objectives: 1. Preserves natural, scenic and historic features of major importance. The applicant is proposing to preserve the heritage of the Johnson Family that has farmed the properi)) for over 50 years. A monument paying homage to the Johnson family will be placed in the larger mew lot; 2. Allows for innovative design that creates visually pleasing and cohesive patterns of development. Reducing dimensional standards as requested will allow for an innovative plat design which incorporates shorter block lengths, higher density, varied front setbacks, attractive streetscape and increased open space not typically seen in many traditional subdivisions; and 3. Creates functionally integrated development that allows for a more efficient and cost effective provision of public services. More dense subdivisions such as proposed, along with proposed design features allow for a more efficient and cost effective provision ofpublic services. For these reasons, Staff believes that the proposed development meets the objectives of the PUD requirements stated above. Per the UDC, Council may approve PUD's, upon recommendation by the Commission, in accord with the standards listed in UDC 11-7-4 as follows: Deviations from underlying district requirements: Deviations from the development standards and/or area requirements of the district in accord with Chapter 2 DISTRICT REGULATIONS of this Title may be approved. The exception is that along the periphery of the planned development, the applicable setbacks as established by the district shall not be reduced. Heritage Grove Subdivision— AZ -14-003; PUD -14-001; PP -14-001 and MDA -14-001 PAGE 7 EXHIBIT A 1. Allowed uses: Applicant may request that specific conditional or accessory use(s) allowed in the district be allowed as principal permitted use(s). NA. The applicant has not requested a use exception with the PUD application. 2. The uses within the planned unit development are interconnected through a system of roadways and/or pathways as appropriate. Private streets and service drives may be permitted, if designed and constructed to the Transportation Authority standards and in accord with Chapter 3 Article F. PRIVATE STREETS of this Title. The proposed development has been designed with short block lengths for ivalkability and interconnectivity with the adjacent residential subdivisions. Further, all internal roadways and alleys are proposed to be public subject to City and ACHD approval. 3. Buildings shall be clustered to preserve scenic or environmentally sensitive areas in the natural state, or to consolidate small open spaces into larger, more usable areas for common use and enjoyment. The reduced setbacks requested by the applicant will allow the clustering of homes around a nrew therefore allowing for more useable open space area. Staff has revielved these standards and found the development complies with all of them. The applicant is requesting reductions to the minimum dimensional requirements in the R-15 district as follows: Heritage Grove Proposed Setbacks *Measured from back of sidewalk **Measured from the property line Street setback* Living 5' Garage NA Alley and Mew setback** Mew 5' Living 2' Garage 2' Side setback 5' Rear setback NA Staff has revieived the requested reductions to the R-15 dimensional standards and because of the rnew design concept, clustering, amount of open space and interconnected pedestrian system proposed, staff is supportive of the applicant's request. Design: The primary land design concept used to create this development is the use of open space mews. The mew concept uses the traditional neighborhood concepts which allow a more clustered development with shorter block lengths, varied front setbacks, tree -lined streets and increased useable open space to break up straight rows of houses that are common in more traditional subdivisions. The deviation from the required setbacks does the following: ® eliminates the view of the garage from the street, Heritage Grove Subdivision— AZ -14-003; PUD -14-001; PP -14-001 and MDA -14-001 PAGE 8 EXHIBIT A ® places more emphasis on front porches allowing a variety of setbacks and sitting areas where people can interact and gather and creates a more pedestrian friendly environment, ® would allow living space over the garages off of the alley, and ® allows a single parking stall between the units accessing the alley. As mentioned above, the PUD standards state that buildings shall be clustered to preserve scenic or enviromnentally sensitive areas in the natural state, or to consolidate small open spaces into larger, more usable areas for common use and enjoyment. Also, uses within the PUD should be interconnected through a system of roadways and/or pathways as appropriate. Staff believes that the design of this site complies with these standards. Design Concepts and Building Elevations: The applicant has submitted design criteria, lot fit map and sample elevations for the Heritage Grove Subdivision. The supporting documents include the details of design concepts for the subdivision, architectural elements of the different housing types and dimensional standards for the development. Staff has reviewed these guidelines and found them to represent a unique and innovative residential development. Future homes constructed within the subdivision will be required to comply with the submitted materials. (see Exhibit A.6) Preliminary Plat (PP): The proposed preliminary plat consists of 121 single family residential lots and 19 common lots on approximately 21.71 acres of land in an existing and proposed R-15 zoning district. Lot sizes range between 3,082 and 27,234 square feet respectively. The proposed gross density of the subdivision is 5.57 dwelling units per acre which is consistent with both the density requirements of the comprehensive plan and the R-15 zoning district. Dimensional Standards: All of the proposed lots must comply with the dimensional standards established in the UDC Table 11-2A-7. The proposed plat complies with the frontage requirements and minimum lot sizes of the UDC. All perimeter lots will remain subject to the dimensional standards set forth in UDC Table 11-2A-7. Phasing Plan: The applicant is proposing to develop the subdivision in four (4) phases. The first two (2) phases are to commence on the northwest corner of the intersection and the last two (2) phases will consume the northern half of the development. Currently ACRD has commenced with Ustick/Locust Grove intersection project. The applicant is coordinating with ACHD for the Subdivision improvements along the adjacent roadways to ensure the necessary infrastructure is in place to serve the proposed development. Further, this roadway project has necessitated the need to connect the existing dwellings on Lot 25, Block 6 to City water and sewer and close the existing dwellings access to E. Ustick Road. In general staff is supportive of the proposed phasing plan however, staff recommends the applicant include Lot 25, Block 6 and complete all of the landscape improvements adjacent to E. Ustick Road and N. Locust Grove Road with the first phase of development. Street Network: UDC 11-3A-3 limits access points to collector and arterial roadways. Currently, the existing dwellings on Lot 25, Block 6 (Trail property) have an access to E. Ustick Road. On the submitted plat, a common lot (Lot 23, Block 6) prohibits the Trail property from accessing E. Spring Place Street. Staff recommends the existing home (Lot 25, Block 6) be included in the first phase of development and Lot 23, Block 6 should be incorporated as part of the Lot 25, Block 6 so the lot has frontage on the local street. Since the existing homes will no longer have access to E. Ustick Road, the property owner will have to coordinate with the City's Addressing Specialist and obtain a new street address from one of the adjacent local streets. Heritage Grove Subdivision— AZ -14-003; PUD -14-001; PP -14-001 and MDA -14-001 PAGE 9 EXHIBIT A The main access to the development is proposed from N. Locust Grove Road. The internal street layout provides adequate internal connectivity and extends existing stubs streets from the north and south boundary. In addition, E. Prairefire Street, located in the north half of the development, is proposed to stub to the Ada County parcels abutting the west and east boundary. For the homes along the internal blocks, access will be provided from public alleys. If the applicant includes Lot 25, block 6 with the first phase of development, staff is supportive of the proposed street layout. Off-street Parking: As mentioned above in section 9, staff is not requiring the parking pads in front of the garages of the mew and alley loaded lots to support the unique design of the project. In the applicant's narrative, it's stated that concrete pads are proposed off the alley between the homes to possibly allow for additional parking. Staff has concerns with how the parking would function given the applicant is not proposing a modification to the 5 -foot side yard setback. Based on this dimension, the homes would have 10 feet of separation which technically meets the dimensional standards for a parking stall but it does take into account the placement of any utilities. If overflow parking is desired for the development, staff recommends the applicant construct overflow parking adjacent to the mew lots or provide a plan that demonstrates how the parking would function. The parking stalls must comply with the UDC dimensional standards. Existing Structures: As mentioned above, ACHD is currently re -constructing the Ustick/Locust Grove intersection. The existing residence and outbuildings near that intersection will be removed in conjunction with the roadway project and with the development of the property. Whatever structures are not removed as part of the roadway project must be removed with the development of the first phase of the subdivision. As mentioned above, the existing dwellings (primary and secondary) and the outbuildings on Lot 25, Block 6 will remain as part of the development. To staff's knowledge ACHD is connecting the dwellings to municipal services. Staff has contacted Ada County Development Services to verify if the secondary dwelling on the property had Ada County approval. At one time the property did receive approval for temporary living quarters but subsequent approvals were not granted by the County for the dwelling to remain. Typically, the City does not annex property with County violations. Staff has evaluated the secondary dwelling standards set forth in UDC 11-4-3-12 to determine if the secondary dwelling would be in violation of the City's ordinance. In reviewing this section of the ordinance it appears the secondary dwelling would meet the criteria set forth in the UDC as far as the placement on the property and the design and size of the structure. Additionally, the two (2) existing outbuildings appear to encroach into the required 5 -foot side yard setback. Under the UDC these structures would be defined as non -conforming and could remain on the property provided any new modifications and/or additions to the structures conform to the requirements of the R-15 district as set forth in UDC 11-113-5. Micropaths: The applicant is proposing multiple pedestrian connections to provide connection to the mew lots. In reviewing the submitted plan all of the micropath lots and pedestrian connections comply with the standards set forth in UDC 11-3A-8 and UDC 11-313-12. Landscaping Requirements Open Space/Amenities: UDC 11-3G-3 requires a minimum of ten percent open space for all residential developments exceeding five acres. The UDC also requires one additional site amenity for each additional 20 acres of development area. Using this standard, the applicant is required to provide a total of two (2) amenities for a development of this size. The applicant is proposing 3.32 acres of common open space with this development which equals Heritage Grove Subdivision— AZ -14-003; PUD -14-001; PP -14-001 and MDA -14-001 PAGE 10 EXHIBIT A approximately 15.3% of the total development area. Qualifying open space consists of 50% of the arterial street buffets and 10 -foot wide parkways adjacent to the arterial streets, two (2) mew lots, several micropath lots and 8 -foot parkways adjacent to the local streets for the internal blocks. The proposed amenities include the following: 1) Clubhouse — The applicant has verbally committed to the addition of the clubhouse amenity after the application submittal. Since the location and design are not part of the application submittal, staff recommends the applicant submit details of this amenity prior to the Commission hearing; 2) (2) picnic areas in the rnews and; 3) 5% additional open space Based on the analysis above, staff finds the proposed subdivision complies with the open space and site amenity requirements in the UDC. Arterials: UDC 11-2A-7 requires a 25 -foot wide street buffer along Ustick Road and Locust Grove Road. On the submitted landscape plan the applicant is proposing to construct a 35 -foot wide landscape buffer adjacent to Ustick Road and a 32 -foot wide landscape buffer is proposed adjacent to Locust Grove Road. The submitted landscape plan does not depict any landscape improvements on the Trail property (Lot 25, Block 6). Typically, the UDC would require the applicant to plat a common lot across the front of the buildable lot which is to be owned and maintained by the home owner's association. In this particular case, this lot and block will not be part of the CCR's for the subdivision however; staff believes the applicant should install a berm and landscaping across the front of the Trail property to have a consistent landscape buffer with the Heritage Grove development. The applicant has worked with ACHD on the design of the landscape buffer adjacent to E. Ustick Road. The submitted preliminary plat shows a 10 -foot wide parkway between the curb and the 5 - foot wide detached sidewalk and additional 21 feet from the back of the new sidewalk and the existing residence that could be landscaped consistent with the proposed landscape buffer. To off- set the requirement for the platted common lot across the Trail property, the applicant will have to submit an alternative compliance application with the first phase of a final plat, and request the landscape buffer be depicted as permanent landscape easement rather than a common lot. Staff recommends the applicant construct a 25 -foot wide landscape buffer in front of Lot 25, Block 6 that matches the rest of the street buffer along E. Ustick Road. Fencing: The applicant is proposing 6 -foot privacy fencing along the perimeter of the project. The UDC does not require fencing except for areas that are adjacent to micro -paths. The developer is required to construct fencing adjacent to micro -path connections to distinguish common from private areas. Fencing adjacent to micro -paths and interior common open space (mew lots) is limited to 4 -feet in height if closed vision fencing is used or open vision fencing up to 6 -feet in height is allowed as it provides visibility from adjacent homes or buildings, per UDC 11 -3A -7A.7. A detailed fencing plan should be submitted upon application of the final plat. If permanent fencing is not proposed along the boundary of the subdivision, the applicant is required to construct temporary fencing to contain debris during construction prior to issuance of any building permits on the site. Existing Trees: There are existing trees on the property that may need to be removed with the development of the property. The applicant should protect all existing trees on the site that are greater than four -inch caliper and/or mitigate for the loss of such trees as set forth in UDC 11-3B- 10, mitigation is required for all existing healthy trees 4 -inch caliper or greater that are removed Heritage Grove Subdivision— AZ -14-003; PUD -14-001; PP -14-001 and MDA -14-001 PAGE I 1 EXHIBIT A from the site with equal replacement of the total calipers lost on site up to an amount of 100% replacement. The applicant has stated in his narrative that street trees will be placed on the traditional lots similar to what is proposed for the 8 -foot parkways adjacent to the alley and mew lots. Since the applicant must coordinate with the City Arborist on the replacement of the trees, staff is of the opinion that the trees planted on these lots would off -set the caliper inches proposed for removal. With the submittal of the final plat the applicant should submit a revised landscape plan that depicts the number of trees on the traditional lots and details the mitigation plan outlined by the developer and the City Arborist. Parkways: 8 -foot wide parkways are proposed adjacent to the internal alley/mew lots and a center median is proposed within E. Heritage Grove Drive. The parkways and the center medians must comply with the standards set forth in UDC 11-3A-17 and UDC 11 -3B -7C. Sidewalks: Sidewalks are required along all public streets. 5 -foot wide detached sidewalks are required adjacent to alley and mew lots and E. Ustick Road and N. Locust Grove Road as proposed. Ditches, Laterals, and Canals: Per UDC 11-3A-6, all irrigation ditches, laterals or canals, exclusive of natural waterways and waterways being used as amenities, which intersect, cross or lie within the area being subdivided shall be covered. Pressure Irrigation: The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. The Applicant should be required to utilize any existing surface or well water for the primary source. If a surface or well source is not available, a single - point connection to the culinary water system shall be required. If a single -point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to development plan approval. An underground, pressurized irrigation system should be installed to all landscape areas per the approved specifications and in accordance with UDC 1I - 3A -15 and MCC 9-1-28. In summary, Staff recommends approval of the proposed application request with the recommended conditions listed in Exhibit B of this report in accord with the findings contained in Exhibit D. X. EXHIBITS A. Drawings/Other 1. Vicinity Map 2. Proposed Preliminary Plats (dated: 01/21/14) 3. Proposed Phasing Plan 4. Proposed Landscape Plan (dated: 01/20/14) 5. Proposed Open Space Exhibit (dated: 01/20/14) 6. Proposed Amenities 7. Proposed Building Elevations and List of Proposed Design Features B. Conditions of Approval C. Legal Description and Exhibit Map for Annexation D. Required Findings from Unified Development Code Heritage Grove Subdivision— AZ -14-003; PUD -14-001; PP -14-001 and MDA -14-001 PAGE 12 EXHIBIT A A. Drawings 1. Vicinity Map Heritage Grove Subdivision — AZ -14-003; PUD -14-001; PP -14-001 and MDA -14-001 PAGE 18 EXHIBIT A 2. Proposed Preliminary Plat (dated: 01/21/14) Heritage Grove Subdivision— AZ -14-003; PUD -14-001; PP -14-001 and MDA -14-001 PAGE 19 PRELIMINARY PLAT OF HERITAGE GROVE SUBDIVISION r J t r azcr {' €I r , LaPlwn` 1 r I I r i � mj m 1 s, e LocArm LwP ,wd ��r "! e � • LEGEND W , r ... - a177 7. � Hu m a' '�S' tiMtara+al9 ft Y 4k . 1 ,r ;, 's'ry NOTES V- R! u9 I P�+' i dgl pp NY a yI i _ IYP L ECIpN q I.- —_ / i, 1 1 - (� � ca.a RPZPLmAiXtP+� i¢iroN ItO.,Drfal IYPiuLESC�iTON� � 'a" -_- 7 Heritage Grove Subdivision— AZ -14-003; PUD -14-001; PP -14-001 and MDA -14-001 PAGE 19 EXHIBIT A 3. Proposed Phasing Plan PRELIMINARY PLAT OF HERITAGE GROVE SUBDIVISION �-PHASING PLAN 1 ® ", '-,-- I `.f =�iafi ® yyilo• et_ fi 16 s e a sp r 12 ® t ' d MM i aie i Sv0 r a>"� i a a>� AWN i Data i SJPad aass Ia ®�-, I i ® 1 1 1Nrt � r4a ' a 1 e ,; - -- su a� , A,p jr1l arca a . 00 Im 1i ® -- le 15 14 la 12 111 m i ® ky �rl �9aptic-'+--_-...--- ioLA— ® _�'--!-- ®_ SUEIGHTS ®�" y gi� raes t w "��,: ® s too an IN am BLOCK �y 1 l !Mol r arr temporary ., Y c emer eni Illl� 2a 9 r iCCCSSFA try26 Y1'`'' ! l t00+ta �aqr tar' �. a'yam+ji� n rxm]rzu R(1'�36itj,tN �-- E � ® 21 xo. ro 1e it lew c t,�ta ais CF WAS. sass - Heritage Grove Subdivision — AZ -14-003; PUD -14-001; PP -14-001 and MDA -14-001 PAGE 20 EXHIBIT A 4, Proposed Landscape Plan (dated: 01/20/14) },�8 t+ 5 R S t r ti � � oi 3 — t g, t. -F ur:a _ i s 1CNOt.6." ii 40'. i 35 3 e 1 +„r rut tee o get —— 7 ! i �i. l 1. a. 3. Landscape Plan Lam,_ 1.02 Heritage Grove Subdivision— AZ -14-003; PUD -14-001; PP -14-001 and MDA -14-001 PAGE 21 EXHIBIT A 5. Proposed Open Space Exhibit (dated: 01/20/14) 5 a 3 2 1 q A 35 34 > w j It—A AC "29 50 32 OCK7 �kl --- --- i3 i 12 J& 1 302 1J, I 50 10 8 X — V 5473 8 — .., .01— _ . — 10' CRASS !,T14. FIVITINC ROD 1 4 i 3 sf2j 6121 ol 1 656 ,,5121 j A32 5 mu wo LOW 30' CAJPV FROIJUNO LOW4 OQfhf RWI 1 BIOCK 12 ;62 5999 7 62 46 ==4.12 ME N 5 a 3 2 1 q A 35 34 120 "29 50 32 OCK7 0' GRASi STRIP ARC LF 115)0 8' GWltis STAP FRONIN, $wAiDjuufrS (oil S' 707 LF 555(i 31 8 X — V RC4 8 — .., .01— _ . — 10' CRASS !,T14. FIVITINC ROD 1 , 110, 10 X 101 I mu wo LOW 30' CAJPV FROIJUNO LOW4 OQfhf RWI 1 10' X 162 w U�l 4834 SUMMARY 4985 LEGEND 4884 0 50 100 200 26 LGTUIE ,256 Lff M- [.I SCAM 1-100* c.I.N An MsXT CON'r, A,D LS LOT MM.� M" LOT 27234 GRASS STRIPS 0' GRASi STRIP ARC LF 115)0 8' GWltis STAP FRONIN, $wAiDjuufrS (oil S' 707 LF 555(i ii GWls �Tfll FIMN� W1.1 8 X — V RC4 8 — .., .01— _ . — 10' CRASS !,T14. FIVITINC ROD 1 , 110, 10 X 101 I mu wo LOW 30' CAJPV FROIJUNO LOW4 OQfhf RWI 1 10' X 162 w U�l SUMMARY 21 1 20 1 19 1 18 1 17 i 16 1 15 1 14 1 1.5 1411 141 1 I 111 1 141 1 �741 6743 5712 i 5712 672;? 12 11 . CI)9 q_," Heritage Grove Subdivision— AZ -14-003; PUD -14-001; PP -14-001 and MDA -14-001 PAGE 21 is iz �J ID z W0 Ln :3 X V) W Z, W LJ > C) _j w 0 w 0 LJ Z (L E USTICK ROADINET I OF I EXHIBIT A 6. Proposed Amenities i Heritage Grove Subdivision— AZ -14-003; PUD -14-001; PP -14-001 and MDA -14-001 PAGE 22 EXHIBIT A Typical Picnic Area Heritage Grove Subdivision— AZ -14-003; PUD -14-001; PP -14-001 and MDA -14-001 PAGE 23 EXHIBIT A 7. Proposed Building Elevations and List of Proposed Design Features Conceptual Elevations and Materials Heritage Grove will be an interesting and livable neighborhood of lasting value. We will achieve this through the use of a variety of traditional neighborhood design elements including colors, textures, materials, architectural styles, roof pitch, placement of living -space near sidewalks, and through artful landscaping. Some other elements we will draw from include, but riot be limited to, masonry (stone, brick, or stucco), board and batten, cottage lap, plank, shingle siding, varied rooffines, as well pop -Outs and breaks in elevations and porches. Our plan is in compliance with the design principles outlined in Meridian's Residential Design Guidelines. The following photos provide a sampling of our vision. Heritage Grove Subdivision— AZ -14-003; PUD -14-001; PP -14-001 and MDA -14-001 PAGE 24 EXHIBIT A This Lot Flt Map is representative and conceptual in nature. House footprints and setback-will---vary-#rear "hose-depicted-here.—Th is -not Ue--official-landscape-piam- Heritage Grove Subdivision— AZ -14-003; PUD -14-001; PP -14-001 and MDA -14-001 PAGE 25 EXHIBIT A Materials design elements that will help us achieve the unique neighborhood we envision Include: Variety of textures Warm palette of Colors Covered porches Courtyards (side and front) Balcony Corbels Brick Stucco Stone Board and batten Shutters Trellis Double step fascia Cottage lap, Lap, Shake Siding Arched windows Dormer windows Transom windows Bay windows Columns Dentils Exposed Rafters Gables roof Hipped roof Heritage Grove Subdivision— AZ -14-003; PUD -14-001; PP -14-001 and MDA -14-001 PAGE 2G EXHIBIT A EXHIBIT B — CONDITONS OF APPROVAL 1. PLANNING DEPARTMENT 1.1 Annexation Comments 1.1.1 A new development agreement (DA) replacing existing DA #108065962 is required as part of the project approval. Prior to the annexation ordinance approval, a new DA shall be entered into between the City of Meridian and the property owners at the time of annexation adoption. A final plat application will not be accepted until the DA is recorded. The applicant shall contact the City Attorney's Office to initiate this process. The DA shall be signed by the property owner and returned to the City within two (2) years of the City Council granting annexation approval. The DA shall, at minimum, incorporate the following provisions: A. The applicant shall comply with the submitted home elevations and design features attached in Exhibit A.7. A mix of materials and architectural details as represented in the attached elevations shall be incorporated on the rear facades that face E. Ustick Road and N. Locust Grove Road (Lots 3-21, Block 6). B. Development of this site shall substantially comply with the preliminary plat and landscape plan in Exhibit A. C. The landscape buffers adjacent to E. Ustick Road and N. Locust Grove Road, excluding the Trail property, shall be constructed as shown on the submitted landscape plan with the first phase of development. D. The applicant shall comply with all City ordinances in effect at the time of final plat submittal. 1.2 Preliminary Plat - Site Specific Conditions of Approval 1.2.1 The preliminary plat shall be revised as follows: a. Lot 25, Block 6 must be included as a lot and block with the fit -A second phase of development. b. The street buffer on Lot 25, Block 6 may be in an easement rather than a common lot. An alternative compliance application must be submitted with the 4-st second final plat application. c. Direct lot access shall be prohibited to E. Ustick Road and N. Locust Grove Road in accord with UDC 11-3A-3. With the fi-A second phase of development, access for Lot 25, Block 6 shall be provided internally within the subdivision via E. Spring Place Street. Lot 23, Block 6 shall be incorporated as part of the Lot 25, Block 6 so the lot has frontage on the local street. d. As testified and agreed to by the applicant at the public hearing: Lots 26-35, Block 6 shall be restricted to single story homes. A note shall be added to the final plat identifying the single story restriction on the specified lots. 1.2.2 The landscape plan attached in Exhibit AA is approved as follows: a. The applicant shall substantially comply with the open space exhibit attached in Exhibit A.5. b. The landscape plan shall be revised to include 25 -foot wide street buffer along the front of Lot 25, Block 6 that complements the street buffer along E. Ustick Road. c. The applicant shall substantial comply with the submitted landscape plan attached as Exhibit A.4. The applicant shall comply with proposed open space and site amenities represented on the submitted landscape plan. Details of the i3repesedrareas and the elob house shit be Heritage Grove Subdivision —AZ -14-003; PUD -14-001; PP -14-001 and MDA -14-001 PAGE 27 EXHIBIT A i3fa tided-pnar-to the Gammissipfi hearitw- The applicant shall construct the picnic areas and clubhouse as proposed in Exhibit A.6. d. All fencing shall be installed in accordance with UDC 11-3A-7. Per UDC 11-3A-7A7a, the applicant is responsible for fencing micropaths to distinguish the common areas from the private areas. Where the buildable lots abut internal common lots fencing must either be 4 - foot solid or 6 -foot open vision. A detailed fencing plan must be submitted with each final plat application. e. Per UDC 11-313-10, the applicant shall work with the City Arborist, Elroy Huff, on designing, adopting, and implementing a protection and mitigation plan for the existing trees on site. Submit a revised landscape plan that depicts the number of trees proposed to be planted on the traditional lots. f. Landscape the center median in E. Heritage Grove Drive as proposed and enter into a license agreement with ACRD. g. All micropath lots shall be constructed in accord with the standards set forth in UDC 11-3A-8 and UDC 11-313-12. h. The pond proposed within Lot 2, Block 1 must comply with the standards set forth in UDC 11 -3G -3G -3B.8. i. Install the landscape buffers adjacent arterials streets as proposed. 1.2.3 The applicant shall pipe or otherwise cover all irrigation ditches, laterals or canals, intersecting, crossing or lying within the area being developed in accord with UDC 11 -3A -6A, unless left open as a water amenity or linear open space in accord with UDC 11 -3A -6A.2. 1.2.4 Provide the stub streets and internal sheet network as proposed on the plat. 1.2.5 Comply with all ACHD conditions of approval. 1.2.6 With the first phase of the final plat, the applicant must remove the any existing structures on parcel 50531449315 and abandon any existing wells and septic systems prior to City Engineer's signature on a final plat. 1.2.7 Once the existing dwellings on Lot 25, Block 6 no longer have access to E. Ustick Road with the second phase; the property owner shall coordinate with the City's Addressing Specialist and obtain a new street address from one of the adjacent local streets. 1.3 Planned Unit Development - Site Specific Conditions of Approval 1.3.1 All comments and conditions of the accompanying Annexation and Zoning (AZ -14-001) application, associated Development Agreement and Preliminary Plat (PP -14-001) shall also be considered conditions of the Planned Unit Development (PUD -14-001). 1.3.2 All structures shall substantially comply with the building elevations and design materials submitted with this application included in Exhibit A.7 and approved with this application. Further, the structures placed on the alley loaded lots shall provide variation in front setbacks adjacent to the streets as represented by the exhibit attached in Exhibit A.7. This condition is intended to avoid having all homes on the same plain along the adjacent streets. 1.3.3 All alley loaded lots and mew lots shall be subject to the setbacks approved with the PUD as follows: Heritage Grove Subdivision— AZ -14-003; PUD -14-001; PP -14-001 and MDA -14-001 PAGE 28 EXHIBIT A Heritage Grove Proposed Setbacks *Measured from back of sidewalk "Measured fi•om the property line Street setback* Living 5' Garage NA Alley and Mew setback** Mew 5' Living 2' Garage 2' Side setback 5' Rear setback NA 1.4 General Conditions of Approval 1.4.1 Comply with all bulk, use, and development standards of the R-15 zoning district listed in UDC 11-2A-7, except as allowed under the planned unit development. 1.4.2 Comply with the provisions for irrigation ditches, laterals, canals and/or drainage courses, as set forth in UDC 11-3A-6. 1.4.3 Provide a pressurized irrigation system consistent with the standards as set forth in UDC 11-3A- 15, UDC 11-313-6 and MCC 9-1-28. 1.4.4 Comply with the sidewalk standards as set forth in UDC 11-3A-17. 1.4.5 Install all utilities consistent with the standards as set forth in UDC 11-3A-21 and 11 -3B -5J. 1.4.6 Construct all off-street parking areas consistent with the standards as set forth in UDC 11-3C-6 for single-family dwellings. The 20' X 20' parking pads are not required in front of the garages of the alley and mew lots. 1.4.7 Construct storm water integration facilities that meet the standards as set forth in UDC 11-313- 11 C. 1.4.8 Construct all parkways consistent with the standards as set forth in UDC 11 -3A -17E, 11-3G-3135 and 11-313-7C. 1.4.9 Comply with all subdivision design and improvement standards as set forth in UDC 11-6C-3, including but not limited to alleys, driveways, easements, blocks, street buffers, and mailbox placement. 1.4.10 Comply with all provisions of UDC 11-3A-3 with regard to maintaining the clear vision triangle. 1.5 Ongoing Conditions of Approval 1.5.1 The applicant and/or assigns shall have the continuing obligation to provide irrigation that meets the standards as set forth in UDC 11-313-6 and to install and maintain all landscaping as set forth in UDC 11-313-5, UDC 11-313-13 and UDC 11-313-14. Heritage Grove Subdivision— AZ -14-003; PUD -14-001; PP -14-001 and MDA -14-001 PAGE 29 EXHIBIT A 1.5.2 All common open space and site amenities shall be maintained by an owner's association as set forth in UDC 11 -3G -3F1. 1.5.3 The project is subject to all current City of Meridian ordinances. Staff's failure to cite specific ordinance provisions does not relieve the applicant of responsibility for compliance. 1.5.4 The applicant and/or property owner shall have an ongoing obligation to prune all trees to a minimum height of six feet above the ground or sidewalk surface to afford greater visibility of the area. 1.5.5 The applicant has a continuing obligation to comply with the outdoor lighting provisions as set forth in UDC 11-3A-11. 1.5.6 The applicant and/or property owner shall have an ongoing obligation to maintain all landscaping and constructed features within the clear vision triangle consistent with the standards in UDC 11- 3A-3. 1.6 Process Conditions of Approval 1.6.1 No signs are approved with this application. Prior to installing any signs on the property, the applicant shall submit a sign permit application consistent with the standards in UDC Chapter 3 Article D and receive approval for such signs. 1.6.2 The applicant shall complete all improvements related to public life, safety, and health as set forth in UDC 11 -5C -3B. A surety agreement may be accepted for other improvements in accord with UDC 11 -5C -3C. 1.6.3 The final plat, and any phase thereof, shall substantially comply with the approved preliminary plats as set forth in UDC 11 -6B -3C2. 1.6.4 The preliminary plat approval shall be null and void if the applicant fails to either 1) obtain the City Engineer signature on a final plat within two years or 2) gain approval of a time extension as set forth in UDC 11-6B-7. 1.6.5 The applicant shall obtain approval for all successive phases of the preliminary plat within two years of the signature of the City Engineer on the previous final plat as set forth in UDC 11 -6B - 7B. 1.6.6 Upon installation of the landscaping and prior to inspection by Planning Department staff, the applicant shall provide a written certificate of completion as set forth in UDC 11 -3B -14A. 2. PUBLIC WORKS DEPARTMENT 2.1 SITE SPECIFIC CONDITIONS OF APPROVAL 2.1.1 The current design location of the sanitary sewer and water mains across the Block 4, and Block 12 Mews does not comply with Meridian Public Works Standards. Specifically there would need to be a 14 -foot wide all weather gravel road over the utilities per Standard Drawing No. G2. Alternatively the applicant shall relocate the storm drainage facilities that are currently show in the alleys to the Mews, and relocate the water mains to the alleys. The Public Works Department is agreeable to this arrangement as long as no manholes are located within the Mews. 2.1.2 Due to the redevelopment potential of Lot 25, Block 6, the applicant shall be required to extend an 8 -inch diameter sanitary sewer main stub in E. Springplace St. to the boundary of Lot 25, Block 6. This stub can terminate with a t -type cleanout. Heritage Grove Subdivision— AZ -14-003; PUD -14-001; PP -14-001 and MDA -14-001 PAGE 30 EXHIBIT A 2.2 General Conditions of Approval 2.2.1 Applicant shall coordinate water and sewer main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service outside of a public right-of-way. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub -grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2.2.2 Per Meridian City Code, the applicant shall be responsible to install sewer and water mains to and through this development. 2.2.3 The applicant shall provide easement(s) for all public water/sewer mains outside of public right of way (include all water services and hydrants). The easement widths shall be 20 -feet wide for a single utility, or 30 -feet wide for two. The easements shall not be dedicated via the plat, but rather dedicated outside the plat process using the City of Meridian's standard forms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement (on the form available from Public Works), a legal description prepared by an Idaho Licensed Professional Land Surveyor, which must include the area of the easement (marked EXHIBIT A) and an 81/2" x 11" map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. 2.2.4 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 12-13-8.3). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single -point connection to the culinary water system shall be required. If a single -point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to prior to receiving development plan approval. 2.2.5 All existing structures that are required to be removed shall be prior to signature on the final plat by the City Engineer. 2.2.6 All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per UDC 11-3A-6. Plans shall be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or non -approval submitted to the Public Works Department. If lateral users association approval can't be obtained, alternate plans shall be reviewed and approved by the Meridian City Engineer prior to final plat signature. 2.2.7 Any existing domestic well system within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9-4-8 contact the City of Meridian Engineering Department at (208)898-5500 for inspections of disconnection of services. Wells may be used for non-domestic purposes such as landscape irrigation if approved by Idaho Department of Water Resources Contact Robert B. Whitney at (208)334-2190. 2.2.8 Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9-4-8. Contact Central District Health for abandonment procedures and inspections (208)375-5211. 2.2.9 Street signs are to be in place, sanitary sewer and water system shall be approved and activated, fencing installed, drainage lots constructed, road base approved by the Ada County Highway District and the Final Plat for this subdivision shall be recorded, prior to applying for building permits. 2.2.10 A letter of credit or cash surety in the amount of 110% will be required for all uncompleted fencing, landscaping, amenities, etc., prior to signature on the final plat. Heritage Grove Subdivision — AZ -14-003; PUD -14-001; PP -14-001 and MDA -14-001 PAGE 31 EXHIBIT A 2.2.11 All development improvements, including but not limited to sewer and water, fencing, micro - paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy. 2.2.12 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to the issuance of a plan approval letter. 2.2.13 It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 2.2.14 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.2.15 Developer shall coordinate mailbox locations with the Meridian Post Office. 2.2.16 All grading of the site shall be performed in conformance with MCC 11-12-3H. 2.2.17 Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 2.2.18 The engineer shall be required to certify that the street centerline elevations are set a minimum of 3 -feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1 -foot above. 2.2.19 The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACRD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. 2.2.20 At the completion of the project, the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 2.2.21 100 Watt and 250 Watt, high-pressure sodium street lights shall be required on all public roadways per the City of Meridian Improvement Standards for Street Lighting. All street lights shall be installed at developer's expense. Final design shall be submitted as part of the development plan set for approval, which must include the location of any existing street lights. Street lighting is required at intersections, corners, cul-de-sacs, and at a spacing that does not exceed that outlined in the Standards. The contractor's work and materials shall conform to the ISPWC and the City of Meridian Supplemental Specifications to the ISPWC. 2.2.22 The City of Meridian requires that the owner post to the City a performance surety in the amount of 125% of the total construction cost for all incomplete sewer, water and reuse infrastructure prior to final plat signature. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Please contact Land Development Service for more information at 887-2211. 2.2.23 The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20% of the total construction cost for all completed sewer, water and reuse infrastructure for duration of two years. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Please contact Land Development Service for more information at 887-2211. Heritage Grove Subdivision— AZ -14-003; PUD -14-001; PP -14-001 and MDA -14-001 PAGE 32 EXHIBIT A 3. POLICE DEPARTMENT 3.1 The Police Department has no concerns related to this application. 4. FIRE DEPARTMENT 4.1 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4'/2" outlet face the main street or parking lot aisle. b. The Fire hydrant shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works specifications. d. Fire Hydrants shall be placed on corners when spacing permits. e. Fire hydrants shall not have any vertical obstructions to outlets within 10'. f. Fire hydrants shall be place 18" above finish grade. g. Fire hydrants shall be provided to meet the requirements of the IFC Section 509.5. h. Show all proposed or existing hydrants for all new construction or additions to existing buildings within 1,000 feet of the project. 4.2 Private Alleys and Fire Lanes shall have a 20' wide improved surface capable of supporting an imposed load of 75,000 lbs. All roadways shall be marked in accordance with Appendix D Section D103.6 Signs. 4.3 All entrance, internal roads and alleys shall have a turning radius of 28' inside and 48' outside radius. 4.4 Operational fire hydrants, temporary or permanent street signs, and access roads with an all weather surface are required to be installed before combustible construction material is brought onto the site, as set forth in International Fire Code Section (IFC) 501.4 and Meridian amendment to IFC 10-4-2J. 4.5 Ensure that all yet undeveloped parcels are maintained free of combustible vegetation as set forth in International Fire Code Section 304.1.2. 4.6 Fire lanes, streets and structures including the canopy height of mature trees shall have a vertical clearance of 13'6" as set forth in International Fire Code Section 503.2.1. 4.7 The applicant shall work with Public Works and Planning Department staff to provide an address identification plan and a sign which meets the requirements of the City of Meridian sign ordinance and is placed in a position that is plainly legible and visible from the street or road fronting the property, as set forth in International Fire Code Section 505.1. 5. REPUBLIC SERVICES 5.1 The Republic Services has no concerns related to this application. 6. PARI{S DEPARTMENT 6.1 The applicant shall comply with the tree mitigation standards set forth in UDC 11-3B-10. 7. ADA COUNTY HIGmvAY DISTRICT 7.1 SITE SPECIFIC COMMENTS 7.1.1 Provide $3,700 for the redesign costs associated with the modifications to ACHD's Ustick/Locust Grove intersection project. 7.1.2 Provide a permanent right-of-way easement for the 5 -foot wide detached concrete sidewalks located 10 -feet from the back of curb on Ustick and Locust Grove Roads. 7.1.3 Construct, Heritage Grove, onto Locust Grove Road located 125 -feet south of Summerheights Drive and 640 -feet north of Ustick Road, as proposed. Heritage Grove Subdivision— AZ -14-003; PUD -14-001; PP -14-001 and MDA -14-001 PAGE 33 EXHIBIT A 7.1.4 Construct the entry roadway, Heritage Grove Drive, with one 21 -foot travel lane, one 24 -foot wide travel lane, an 8 -foot wide center land scape median vertical curb, gutter, an 8 -foot wide planter strips, and 5 -foot wide detached concrete sidewalk within 67 -feet of right-of-way, as proposed. Plat the center landscape island as right-of-way owned by ACRD. The applicant or the home owners associate shall apply for a license agreement if landscaping is propose within the median. 7.1.5 Construct the internal local streets as standard 36 -foot wide roadways with rolled curb, gutter, and 5 -foot wide attached concrete sidewalks on one side of the street; and an 8 -foot wide landscape strip with 5 -foot wide detached concrete sidewalk on the other side of the street; within 50 -feet of right-of-way. Provide an easement for the detached sidewalk. 7.1.6 Provide a permanent right-of-way easement for the detached sidewalks proposed on the internal local streets. 7.1.7 The 90 -foot offset between north and south segments of Heritage View Way at Prairefire Street is approved, as proposed. 7.1.8 If the City of Meridian approves the proposal for the alleys and the applicant is able to provide written approval from the Meridian Fire Department and Ada County Emergency service providers that they approve of the alley design and are able to access the lot without public street frontage;and the applicant and City of Meridian are able to find a solution to addressing those lots, then construct four 20 -foot wide east/west alleys public alleys within the site. 7.1.9 If the applicant is unable to resolve the addressing issue and provide written approval from both emergency service providers then, the applicant should make one of the following modifications to their site plan: a. Reconfigure the lots that are proposed to front on the mew to provide public street (not just alley) frontage; b. Redesign the alleys to be private; Or c. Redesign the alleys to be 24 -foot wide minor local streets, without sidewalks. 7.1.10 Construct one stub street to the east, Prairefire Street, located approximately 130 -feet south of the north property line, as proposed. Install a sign at the terminus of the stub streets stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE." 7.1.11 Construct one stub street to the west, Prairefire Street, located approximately 130 -feet south of the north property line, as proposed. Install a sign at the terminus of the stub streets stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE." 7.1.12 Other than the access specifically approved with this application, direct lot access is prohibited to Ustick and Locust Grove Roads and shall be noted on the final plat. 7.1.13. Payment of impacts fees are due prior to issuance of a building permit. 7.14 Comply with all Standard Conditions of Approval. 7.2 STANDARD CONDITIONS OF APPROVAL 7.2.1 Any existing irrigation facilities shall be relocated outside of the right-of-way. 7.2.2 Private sewer or water systems are prohibited from being located within any ACHD roadway or right-of-way. Heritage Grove Subdivision— AZ -14-003; PUD -14-001; PP -14-001 and MDA -14-001 PAGE 34 EXHIBIT A 7.2.3 All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 7.2.4 Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 7.2.5 A license agreement and compliance with the District's Tree Planter policy is required for all landscaping proposed within ACHD right-of-way or easement areas. 7.2.6 Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details. 7.2.7 All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 7.2.8 In accordance with District policy, 7203.6, the applicant may be required to update any existing non-compliant pedestrian improvements abutting the site to meet current Americans with Disabilities Act (ADA) requirements. The applicant's engineer should provide documentation of ADA compliance to District Development Review staff for review. 7.2.9 Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 7.2.10 It is the responsibility of the applicant to verify all existing utilities within the right-of-way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1-811-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 7.2.11 No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 7.2.12 If the site plan or use should change in the future, ACHD Planning Review will review the site plan and may require additional improvements to the transportation system at that time. 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 ACHD Policy and Standard conditions of approval in place at the time unless a waiver/variance of said requirements or other legal relief is granted by the ACHD Commission. Heritage Grove Subdivision— AZ -14-003; PUD -14-001; PP -14-001 and MDA -14-001 PAGE 35 EXHIBIT A C. Legal Description and Exhibit Map for the Annexation ANNEXATION DESCRIPTION A parcel located in the SF. %4 of the SE'/, of Section 31, Township 4 North, Range I East, Boise Meridian, Ada County, Idaho, more particularly described as follows: Commencing at a brass cap monument marking the southeasterly corner of said SE V4 of the SE '/a front which a 5/8 inch diameter iron pin marking the southwesterly corner of the SE 1/4 of said Section 31; Thence N 89°47'06" W along the southerly boundary of said SE '/ of the SE '/ a distance of 662.30 feet to the POINT OF BEGINNING; 'thence continuing N 89°47'06" W a distance of 97.74 feet to a point on the extension of the easterly boundary of WANDA'S MEADOW SUBDIVISION as shown in Boole 82 of Plats at Page 9035 in the office of the Recorder, Ada County, Idaho; Thence along said easterly boundary the following described courses: Thence leaving said southerly boundary N 0108'14" E a distance of 155.59 feet to it 5/8 inch diameter iron pin; Thence N 8040'34" E a distance of 42.72 feet to a 5/8 inch diameter iron pin; Thence N 0°23'24" E a distance of 416.15 feet to a 5/8 inch diameter iron pin marking the northeasterly corner of said WANDA'S MEADOTV SUBDIVISION; Thence leaving said easterly boundary N 89°47'06" W along the northerly boundary of said WANDA'S MEADOW SUBDIVISION a distance of 567.58 feet to a 5/8 inch diameter iron pin marking the northwesterly corner of said WANDA'S MEADOW SUBDIVISION said point also being on the westerly boundary of said SE % of the SE %; Thence leaving said northerly boundary N 0°37'07" E along said westerly boundary a distance of 9.84 feet to a point; Thence leaving said westerly boundary S 89146116" E a distance of 661.76 feet to a point, Thence S 0'34'10" W a distance of 623.68 feet to the POINT OP BEGINNING. This parcel contains 1.49 feet and is subject to any easements existing or in use. Prepared by: Glenn K. Bennett, PLS Civil Survey Consultants, Incorporated January 21, 2014 Heritage Grove Subdivision— AZ -14-003; PUD -14-001; PP -14-001 and MDA -14-001 PAGE 36 1p NON EXHIBIT A 61 ti b bin b N� �Q Q V 03 0 10 o c ♦J,i I" IC CAI N EXHIBIT A 61 ti 0 W N 02324' E 416. f.49ACRES S 0'34'10" W 6.2 Z d fi Y£[L01V v1Aa ""U£ N %, Heritage Grove Subdivision— AZ -14-003; PUD -14-001; PP -14-001 and MDA -14-001 PAGE 37 N� Q V 03 0 10 ♦J,i I" IC CAI 0 W N 02324' E 416. f.49ACRES S 0'34'10" W 6.2 Z d fi Y£[L01V v1Aa ""U£ N %, Heritage Grove Subdivision— AZ -14-003; PUD -14-001; PP -14-001 and MDA -14-001 PAGE 37 EXHIBIT A D. Required Findings from Unified Development Code 1. Annexation Findings: Upon recommendation from the Commission, the Council shall make a full investigation and shall, at the public hearing, review the application. In order to grant an annexation, the Council shall make the following findings: a. The map amendment complies with the applicable provisions of the Comprehensive Plan; The applicant is proposing to annex and zone approximately 1.49 acres of the subject property to the R-15 zoning district. The Council finds that the proposed map amendment is generally consistent with the MDR FLUM designation for this property. The Council finds the amendment is consistent with the applicable provisions of the Comprehensive Plan (see section VII above). b. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; The Council finds that the proposed map amendment to the R-15 zoning district is consistent with the purpose statements of and residential districts as detailed in Section VIII above. c. The map amendment shall not be materially detrimental to the public health, safety, and welfare; The Council finds that the proposed zoning amendment will not be detrimental to the public health, safety, or welfare. City utilities will be extended at the expense of the applicant. The Council considered all oral and written testimony provided to determine this finding. d. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the City including, but not limited to, school districts; and, The Council finds that the proposed zoning amendment will not result in any adverse impact upon the delivery of services by any political subdivision providing services to this site. e. The annexation is in the best of interest of the City (UDC 11-511-3.E). The Council finds the annexation of these properties with the R-15 zoning district is in the best interest of the City if the applicant enters into a new development agreement and adheres to the recommended development agreement provisions in Exhibit B. 2. Preliminary Plat Findings: In consideration of a preliminary plat, combined preliminary and final plat, or short plat, the decision-making body shall make the following findings: a. The plat is in conformance with the Comprehensive Plan; The Council finds that the proposed plat is in substantial compliance with the adopted Comprehensive Plan in regard to land use, transportation, and circulation. Please see Comprehensive Plan Policies and Goals, Section VII, of the Staff Report for More information. b. Public services are available or can be made available and are adequate to accommodate the proposed development; The Council finds that public services will be provided to the subject property upon development. (See Exhibit B of the Staff Report for more details from public service Heritage Grove Subdivision— AZ -14-003; PUD -14-001; PP -14-001 and MDA -14-001 PAGE 38 EXHIBIT A providers.) c. The plat is in conformance with scheduled public improvements in accord with the City's capital improvement program; Because City water and sewer and any other utilities will be provided by the development at their own cost, the Council finds that the subdivision will not require the expenditure of capital improvement fiends. d. There is public financial capability of supporting services for the proposed development; The Council relied upon comments from the public service providers (i.e., Police, Fire, ACRD, etc.) to determine this finding. (See Exhibit B for more detail.) e. The development will not be detrimental to the public health, safety or general welfare; and The Council is not aware of any health, safety, or environmental problems associated with the platting of this property. ACHD consider road safety issues in their analysis. The Council considered all public testimony presented to determine whether or not the proposed subdivision may cause health, safety or environmental problems. f. The development preserves significant natural, scenic or historic features. The Council is unaware of any natural, scenic or historic features on this site. Therefore, the Council finds that the proposed development will not result in the destruction, loss or damage of any natural, scenic or historic feature(s) of major importance. The Council referenced all public testimony presented to determine whether or not the proposed development may destroy or damage a natural or scenic feature(s) of major importance. 3. Planned Unit Development Findings: In order to grant a planned unit development request, the Council shall make the following findings: a. The planned unit development demonstrates exceptional high quality in site design through the provision of cohesive, continuous, visually related and functionally linked patterns of development, street and pathway layout, and building design. The Council finds that the proposed PUD demonstrates high quality site design which incorporates shorter block lengths, higher density, varied front setbacks, attractive streetscape and increased useable open space not typically seen in many traditional subdivisions. b. The planned unit development preserves the significant natural, scenic and/or historic features. The Council finds the design of the PUD preserves a historic feature on this site by preserving the heritage of the Johnson Family that has farmed the property for over 50 years by placing a monument paying homage to the Johnson family in the larger mew lot. c. The arrangement of uses and/or structures in the development does not cause damage, hazard, or nuisance to persons or property in the vicinity. The Council finds that this development as proposed should not cause damage, hazard, or nuisance to persons or property in this vicinity. The Council relied upon comments from the public to determine this finding. d. The internal street, bike and pedestrian circulation system is designed for the Heritage Grove Subdivision— AZ -14-003; PUD -14-001; PP -14-001 and MDA -14-001 PAGE 39 EXHIBIT A efficient and safe flow of vehicles, bicyclists and pedestrians without having a disruptive influence upon the activities and functions contained within the development, nor place and undue burden upon existing transportation and other public services in the surrounding area. The Council finds that the proposed pathway system and sidewalks within the development are designed to provide recreational access to amenities and uses within the subdivision without conflicting with vehicular traffic. e. Community facilities, such as a park, recreational, and dedicated open space areas are functionally related and accessible to all dwelling units via pedestrian and/or bicycle pathways. The Council finds that the mew lots will provide recreational opportunities that are accessible by the future residents via numerous walkways. f. The proposal complies with the density and use standards requirements in accord with Chapter 2, "District Regulations", of this title. The Council finds the proposed development complies with the density and uses allowed in the R-15 zoning district. g. The amenities provided are appropriate in number and scale to the proposed development. The Council finds the club house; the picnic areas and the additional 5 percent open space are adequate to serve the proposed development. h. The planned unit development is in conformance with the comprehensive plan. The Council finds the proposed development is in conformance with the comprehensive plan. Please see Comprehensive Plan Policies and Goals, Section VII, of the Staff Report for more information. Heritage Grove Subdivision— AZ -14-003; PUD -14-001; PP -14-001 and MDA -14-001 PAGE 40 D 612014 ITEM NUMBER: 5P PROJECT 14-002 ITEM TITLE: REVOLUTION RIDGE Findings of Fact, Conclusions of Law for Approval: AZ 14-002 Revolution Ridge by C 13, LLC Located at 1 100 W. Riodosa Drive Request: Annexation and Zoning of 20.39 Acres of Land with an R-4 Zoning District. MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS DATE: May • 2014 NUMBER: PROJECT NUMBER: fit' Findings of Fact, Conclusions of Law for Approval: PP 13-040 Revolution Ridge Subdivision by C 13, LLC Located at 1100 W. Riodosa Drive Request: Preliminary Plat Consisting of 64 Single -Family Residential Building Lots and 5 Common Lots on 19.74 Acres of Land in a Proposed R-4 Zoning District. rREEThIG AOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW ENID1A�N1,-----, AND awl DECISION & ORDER In the Matter of the Request for Annexation and Zoning of 20.39 Acres of Land with an R-4 Zoning District; and Preliminary Plat Consisting of 64 Building Lots and 5 Common Lots on 19.74 Acres of Land for Revolution Ridge Subdivision, Located at 1100 W. Riodosa Drive, by C13, LLC. Case No(s), AZ -14-002; PP -13-040 For the City Council Hearing Date of. April 15, 2014 (Findings on May 6, 2014) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of April 15, 2014, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of April 15, 2014, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of April 15, 2014, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of April 15, 2014, incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (LC. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted April 19, 2011, Resolution No. 11-784 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A. 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -14-002; PP -13-040 -1- 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of April 15, 2014, incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11-5A and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's request for annexation & zoning and preliminary plat is hereby conditionally approved with the requirement of a development agreement per the provisions in the attached Staff Report for the hearing date of April 15, 2014, attached as Exhibit A. D. Notice of Applicable Time Limits Notice of Preliminary Plat Duration Please take notice that approval of a preliminary plat, combined preliminary and final plat, or short plat shall become null and void if the applicant fails to obtain the city engineer's signature on the final plat within two (2) years of the approval of the preliminary plat or the combined preliminary and final plat or short plat (UDC 11 -6B -7A). In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of two (2) years, may be considered for final approval without resubmission for preliminary plat approval (UDC 11-613-713). Upon written request and filed by the applicant prior to the termination of the period in accord with 11-613-7.A, the Director may authorize a single extension of time to obtain the City Engineer's signature on the final plat not to exceed two (2) years. Additional time extensions up to two (2) years as determined and approved by the City Council may be granted. With all extensions, the Director or City Council may require the preliminary plat, combined preliminary and final plat or short plat to comply with the current provisions of Meridian City Code Title 11. If the above timetable is not met and the applicant does not receive a time extension, the property shall be required to go through the platting procedure again (UDC 11- 613-7C). Notice of Two (2) Year Development Agreement Duration The development agreement shall be signed by the property owner and returned to the City within two (2) years of the City Council granting annexation and/or rezone (UDC 11-513-31)). A modification to the development agreement may be initiated prior to signature of the agreement by all parties and/or may be requested to extend the time allowed for the agreement to be signed and returned to the City if filed prior to the end of the two (2) year approval period (UDC 11-513-3F). CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -14-002; PP -13-040 -2- E. Notice of Final Action and Right to Regulatory Takings Analysis 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, denial of a development application entitles the Owner to request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. 2. Please take notice that this is a final action of the governing body of the City of Meridian. When applicable and pursuant to Idaho Code § 67-6521, any affected person being a person who has an interest in real property which may be adversely affected by the final action of the governing board may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. F. Attached: Staff Report for the hearing date of April 15, 2014 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -14-002; PP -13-040 -3- By action of the City Council at its regular meeting held on the 2014. COUNCIL PRESIDENT CHARLIE ROUNTREE COUNCIL VICE PRESIDENT KEITH BIRD COUNCIL MEMBER DAVID ZAREMBA COUNCIL MEMBER JOE BORTON COUNCIL MEMBER LUKE CAVENER fir 3 - `: day of v ..�__ VOTED,, VOTED i , � - VOTED: - VOTED °A VOTED COUNCIL MEMBER GENESIS MILAM VOTED ` U v�- MAYOR TAMMY de WEERD VOTED (TIE BREAKER) Mayor Ta m de Weerd Copy served upon Applicant, The Planning Division, Public Works Department and City Attorney. QN � Dated: () " r .; City 'ler ,- O ice ci , of ' '� IMA Ivy MA"a SEAL H F, ���be 'f AE Abd CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -14-002; PP -13-040 -4- STAFF REPORT TO: FROM: SUBJECT: EXHIBIT A Hearing Date: April 15, 2014 Mayor & City Council Sonya Watters, Associate City Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 AZ -14-002; PP -13-040 — Revolution Ridge Subdivision I. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST E IDIAN<- The applicant, C13, LLC, has submitted an application for annexation and zoning (AZ) of 20.39 acres of land with an R-4 zoning district. A preliminary plat (PP) is also proposed consisting of 64 single- family residential building lots and 5 common lots on 19.74 acres of land for Revolution Ridge subdivision. See Section IX of the staff report for more information. II. SUMMARY RECOMMENDATION Staff recommends approval of the proposed AZ and PP applications in accord with the conditions of approval in Exhibit B and the Findings of Fact and Conclusions of Law in Exhibit D. The Meridian Planning & Zoning Commission heard these items on March 6, 2014. At the public hearing, the Commission moved to recommend approval of the subject AZ and PP requests. a. Summary of Commission Public Hearing: i. In favor: Jim Conger, Applicant ii. In opposition: None iii. Commenting: Norma Petty; Rick Fisch, Tamara Hamilton, Brenda Jones, Kristy Rye, Val Hill, Gordon Hamilton (all spearing for several groups); Alex McNish; and Roberta Livesay iv. Written testimony: Kevin Petty; and Laren Bailey, Applicant's Representative (in agreement with staff report) v. Staff presenting application: Sonya Watters A. Other staff commenting on application: None b. Key Issues) of Discussion by Commission: i. The applicant should continue to work with the neighbors regarding their concerns about connection to water and sewer, timing of construction of the fencing along the west boundary; the construction entrance, expectations for contractors on the site; etc. c. Key Commission Changes) to Staff Recommendation: i. Modify condition #l.l.lb to allow for bollards with a chain instead of a gate for the emergency access driveway off of Victory Road; ii. Include the revised plat shown at the hearing in Exhibit A.2 and update condition #1.1.2 accordingly; d. Outstanding Issues) for City Council: i. Staff requests a new condition is added that requires a water main to be installed under the micropath in Lot 8, Block 3. This main will connect into the water main being required in the proposed Biltmore Subdivision to the south. The Meridian City Council heard these items on April 15, 2014, At the public hearin , the Council approved the subject AZ and PP request. Revolution Ridge Sub AZ -14-002; PP -13-040 PAGE 1 EXHIBIT A a. Summarry of City Council Public Hearing: L. In favor: Jim Conger L In opposition: None iii. Commenting: Tamara Hamilton; Kevin Petty; Ryan Head. ACHD iy-. Written testimony: Jim Conger, Kentucky Ridge Homeowner's Association: Kimberly Hollingsworth; Curtis Hoaglund Staff presenting application: Sonya Watters Other staff commenting on application: None b. fey Issues of Discussion by Council: L. The provision of a sidewalk off-site on the east side of S. Kentucky Way instead of on he site on the west side of S. Kentucky Wav: L The request to leave the Sundall Lateral open due its large capacity and the size of pipe necessary to the the facility: iii. The requirement for fencing along the wet boundary of the site across the ri ht -of --way of Rebellion Street; and iy, City Council requested the applicant consider the street name theme presented by the Kentucky Ridge HOA when determining the final street names for the subdivision. c. Key Council Changes to Staff/Commission Recommendatio i City Council approved a waiver to UDC 11-3A-6A.3b allowing the Sundall Lateral to remain open and not be piped (see condition #l.l.e)• ii. Add new conditions requiring an easement and water main to be installed within Lot 8. Block 3 to connect into the water main required in the proposed Biltmore Subdivision to he south (see Exhibit B, condition #1.1.2a & #1.1.81: iii. Add a new condition requiring a 5 -foot wide detached sidewalk to be provided off-site long the east side of S. Kentucky Way instead of on the site along the wet side of S Kentucky Way (see condition #1.1.9): and k- Add a new condition requiring a 6 -foot tall solid temporary fence to be constructed cross the right-of-way of Rebellion Street at the west boundary of the site with a sign stating the road will be extended in the future (see condition #1.1.101. III. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to approve File Numbers AZ -14- 002 & PP -13-040, as presented in the staff report for the hearing date of April 15, 2014, with the following modifications: (Add any proposed modifications). Denial After considering all staff, applicant and public testimony, I move to deny File Numbers AZ -14-002 & PP -13-040, as presented during the hearing on April 15, 2014, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Numbers AZ -14-002 & PP -13-040 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance.) IV. APPLICATION AND PROPERTY FACTS A. Site Address/Location: The site is located at 1100 W. Riodosa Drive, in the NW '/4 of Section 25, Township 3 North, Range 1 West. (Parcel #: R4882810600) Revolution Ridge Sub AZ -14-002; PP -13-040 PAGE 2 EXHIBIT A B. Owner(s): Jim Conger 1627 S. Orchard St. Boise, Idaho 83705 C. Applicant: C13, LLC 1627 S. Orchard St. Boise, Idaho 83705 D. Representative: Laren Bailey, LEI Engineers & Surveyors 3023 E. Copperpoint Drive, Ste. 201 Meridian, ID 83642 E. Applicant's Statement/Justification: Please see applicant's narrative for this information. V. PROCESS FACTS A. The subject application is for annexation and zoning and preliminary plat. A public hearing is required before the Planning & Zoning Commission and City Council on this matter, consistent with Meridian City Code Title 11, Chapter 5. B. Newspaper notifications published on: February 17, and March 3, 2014 (Commission); March 24, and April 7, 2014 (City Council) C. Radius notices mailed to properties within 300 feet on: February 14, 2014 (Commission); March 20, 2014 (City Council) D. Applicant posted notice on site(s) on: February 24, 2014 (Commission); April 7, 2014 (City Council VL LAND USE A. Existing Land Use(s) and Zoning: This site consists of rural residential property, zoned RUT in Ada County. B. Character of Surrounding Area and Adjacent Land Use and Zoning: 1. North: W. Victory Road and rural residential properties, zoned RI in Ada County 2. East: Residential properties in Kentucky Ridge Estates, zoned R-4 3. South: Rural residential/agricultural property, zoned RUT in Ada County 4. West: Rural residential/agricultural property, zoned RUT in Ada County C. History of Previous Actions: This land was previously platted as Lot 3, Block 3, Kentucky Ridge Estates Subdivision. D. Utilities: 1. Location of sewer: A sanitary sewer main intended to provide service to the subject property currently exists in S. Stoddard Road at the intersection of S. Silvertip Lane. 2. Location of water: A water main intended to provide service to the subject property currently exists at the intersection of W. Victory Road and S. Stoddard Road. Revolution Ridge Sub AZ -14-002; PP -13-040 PAGE 3 EXHIBIT A Issues or concerns: The applicant shall be responsible for the construction of water and sewer mains from their current points of terminus to and through the proposed development. Due to limitation of the ability to provide fire flows above elevation 2706.00, development will be limited to the northern portion of the proposed preliminary plat, roughly north of the lots fronting both sides of Riodosa, assuming that Riodosa will be constructed at a finish grade elevation 2706.00 or lower. In this case, Lots 2-4, Block 4, Lots 23-31, Block 2, and all of Block 3 would not be able to be developed until such time that an additional water supply source is available to the south in Pressure Zone 5, and a Pressure Reducing (PRV) station is in place separating the Pressure Zones. E. Physical Features: 1. Canals/Ditches Irrigation: There is a ditch that runs along the southern boundary of the site as well as across the southwest corner of the site. 2. Hazards: Staff is not aware of any hazards that exist on this property. 4. Flood Plain: This site does not lie within the Meridian Floodplain Overlay District. VII. COMPREHENSIVE PLAN POLICIES AND GOALS The subject property is designated Low Density Residential (LDR) on the Future Land Use Map (FLUM) contained in the Comprehensive Plan, The LDR designation allows for the development of single-family homes on large lots where urban services are provided. Uses may include single-family homes at gross densities of three dwelling units or less per acre. The applicant proposes annex the subject property with an R-4 zoning district and develop 64 single- family residential detached homes on the site. The gross density is 3.2 dwelling units (d.u.) per acre. Staff finds the following Comprehensive Plan policies to be applicable to this application and apply to the proposed use of this property (staff analysis in italics): ® "Support a variety of residential categories (low-, medium-, medium-high and high-density single-family, multi -family, townhouses, duplexes, apartments, condominiums, etc.) for the propose of providing the City with a range of affordable housing opportunities." (3.07.01E) The proposed naedhnn-lotiv density residential developrraent should add variety to the lotiv density residential awes that exist in this area. ® "Require new residential development to meet development standards regarding landscaping, signage, fences and walls, etc." (3.05.02C) Street buffer landscaping is required adjacent to S. Kentarcky Wary, a residential collector street, and W Victory Road, an arterial street, in accord with the standards listed in UDC 11 -3B -7C. Separate permits shall be obtained for signage and fencing. Fencing shall comply with the standards listed in UDC 11-3A-7. • "Protect existing residential properties from incompatible land use development on adjacent parcels." (3.06.01F) The proposed ruedium low-density) residential development shoarld be corrapatible tivith existing adjacent residential and agricultural arses. "Require common area in all subdivisions." (3.07.02F) The proposed plat depicts a total of 1.98 acres of qualified opera space%onnnon area to be provided on the site in accord with the standards listed in UDC 11 -3G -3B. Revolution Ridge Sub AZ -14-002; PP -13-040 PAGE 4 EXHIBIT A ® "Review new development for appropriate opportunities to connect local roads and collectors to adjacent properties (stub streets). (3.03.020) The proposed plat depicts stub streets to the south and west for future extension and interconnectivity. A couple of streets (Riodosa and Blue Downs) are also proposed to connect to existing stub streets in Kentucky Ridge Estates Subdivision. ® "Require pedestrian access connectors in all new development to link subdivisions together to promote neighborhood connectivity as part of a community pathway system." (3.03.03B) There are no pedestrian connections proposed to adjacent properties. In order to promote neighborhood connectivity, micro paths should be provided to the west and south and to the east to the sidewalk along S. Kentucky Way. ® "Permit new development only where urban services can be reasonably provided at the time of final approval and development is contiguous to the City." (3.01.0117) Cit}) ser -vices ivill be extended with the development of the site in accord with UDC 11-3A-21. VIII. UNIFIED DEVELOPMENT CODE (UDC) A. Purpose Statement of Zone: Per UDC 11-2A-1, the purpose of the residential districts is to provide for a range of housing opportunities consistent with the Meridian comprehensive plan. Residential districts are distinguished by the allowable density of dwelling units per acre and corresponding housing types that can be accommodated within the density range. The medium low-density residential (R-4) district allows a maximum gross density of 4 dwelling units per acre. B. Schedule of Use: Unified Development Code (UDC) Table 11-2A-2 lists the principal permitted (P), accessory (A), conditional (C), and prohibited (-) uses in the R-4 zoning district. Any use not explicitly listed, or listed as a prohibited use is prohibited. The proposed use of the property for single-family detached dwellings is a principal permitted use in the R-4 zoning district. C. Dimensional Standards: Development of the site should be consistent with the dimensional standards listed in UDC Tables I 1-2A-5 for the R-4 zoning district. D. Landscaping: Street buffer landscaping shall be installed in accordance with the standards listed in UDC Tables 1 I -2A-5 for the R-4 zoning district. E. Off -Street Parking: Off-street parking is required in accord with UDC Table 11-3C-6 for single- family dwellings. IX. ANALYSIS A. Analysis of Facts Leading to Staff Recommendation: 1. Annexation & Zoning The applicant has applied to annex and zone a total of 20.39 acres of land with an R-4 zoning district. As discussed above in Section VII, the proposed zoning is consistent with the corresponding FLUM designation of LDR. The applicant proposes to develop 64 single-family homes on the site as shown on the preliminary plat in Exhibit A.2. The legal description submitted with the application, included in Exhibit C, shows the boundaries of the property proposed to be annexed and rezoned. The property is contiguous to land that has been annexed into the City and is within the Area of City Impact boundary. Revolution Ridge Sub AZ -14-002; PP -13-040 PAGE 5 EXHIBIT A The City may require a development agreement (DA) in conjunction with an annexation pursuant to Idaho Code section 67-6511A. In order to ensure the site develops as proposed with this application, staff recommends a DA is required as a provision of annexation with the provisions included in Exhibit B. Because the FLUM designation for this property is LDR, which allows for densities of 3 dwelling units per acre or less and the proposed gross density is 3.2 dwelling units per acre, Staff believes the proposed R-4 zoning is appropriate for this property. 2. Preliminary Plat The proposed preliminary plat is a re -subdivision of Lot 3, Block 3, Kentucky Ridge Estates Subdivision. The proposed plat consists of 64 single-family residential building lots and 5 common area lots on 19.74 acres of land in a proposed R-4 zoning district. The average lot size in the proposed development is 9,400 square feet. Dimensional Standards: Staff has reviewed the proposed plat for compliance with the dimensional standards listed in UDC Table 11-2A-5 for the R-4 district and found the plat in compliance with those standards. Block Length: The maximum block length standard is 750 feet without an intersecting street or alley (UDC 11 -6C -3F). The length of the block face along the southern boundary of the site that includes Block 3 and the lots to the east in Kentucky Ridge Estates Subdivision measures approximately 1,140 feet. The UDC does allow for the block length to be extended to 1,000 feet when a pedestrian connection is provided. Because of the location of the Sundall Lateral, a stub street to the south on the west side of the lateral as proposed seems to be a better location than on the east side of the lateral and will provide access to the south on the west side of the lateral in the future. Therefore, staff recommends a micropath is provided to the south between Lots 7 and 8, Block 3 for fiiture pedestrian interconnectivity between subdivisions in accord with the block length requirements. Existing Structure(s): There is an existing home on the site that is proposed to remain on Lot 14, Block 2. The existing home is required to comply with the building setbacks of the R-4 zoning district. The home appears to comply with all setbacks except for the rear setback which is 15 feet; the south east property line adjacent to the common area on Lot 22, Block 2 should be shifted so that the house meets the minimum rear setback requirement. Access: Access to this site is proposed on the plat from two accesses via S. Kentucky Way by way of W. Victory Road. Stub sheets are proposed to the west and south for future extension and interconnectivity. A direct access via W. Victory Road is also proposed for emergency access only across Lot 4, Block 1. The Fire Department and Staff recommends the developer install a 20 -foot wide gate with a Knox padlock to restrict access for emergency purposes only. The emergency access should be constructed with the first phase of development. The plat depicts 42 -foot and 48 -foot wide right-of-way sections. On the 42 -foot wide street sections, parking is only allowed on one side of the street. Staff recommends "no parking" signs are installed at regular internals along the street. Utilities: Street lighting is required to be installed within the development in accord with the City's adopted standards, specifications and ordinances. All development is required to connect to the City water and sewer system unless otherwise approved by the City Engineer in accord with UDC 11-3A-21. Revolution Ridge Sub AZ -14-002; PP -13-040 PAGE 6 EXHIBIT A Pressurized Irrigation (PI): An underground PI system is required to be provided to each lot in the subdivision as proposed in accord with UDC 11-3A-15. Storm Drainage: A storm drainage system is required for the development in accord with the City's adopted standards, specifications and ordinances. Design and construction shall follow best management practice as adopted by the City in accord with UDC 11-3A-18. Landscaping: A landscape plan was submitted with this application for the area proposed to be platted as shown in Exhibit A.3. A minimum 25 -foot wide street buffer is required along W. Victory Road and a minimum 20 -foot wide buffer is required along S. Kentucky Way as proposed. Landscaping within both street buffers is required to comply with the standards listed in UDC 11 -3B -7C; a detailed plan demonstrating compliance with these standards is required to be submitted with the final plat application(s) for this subdivision. The landscape plan submitted with the final plat should incorporate the following revisions: 1) Where bark is proposed, the area is required to be at least 70% covered with vegetation at maturity in accord with UDC 11 -3B -5N; and 2) Because the parkway along W. Victory Road is proposed to count toward the qualified open space requirement, one tree per 35 lineal feet is required to be planted within the parkway area in addition to the landscaping required within the street buffer area. Tree Mitigation: The landscape plan states there are 4 existing ornamental trees on the site that will be relocated. If there are any trees that are proposed to be removed, the applicant should contact Elroy Huff, City Arborist, at 888-3579 to schedule an appointment to confirm mitigation requirements prior to removal of any trees on the site. Open Space & Site Amenities: Based on the area of the preliminary plat (19.74 acres), a minimum of 10% of the site (or 1.97 acres) is required to consist of qualified open space as defined in UDC 11 -3G -3B. The applicant proposes a total of 1.98 acres of qualified open space, consisting of a 1.39 acre park, the parkway and 'I/2 the street buffer along W. Victory Road, the frill street buffer along S. Kentucky Way, and a micropath/emergency access connection to Victory Road in compliance with this requirement. In accord with UDC 11 -3G -3A.2, a minimum of one qualified site amenity is required to be provided with this development as set forth in UDC 11 -3G -3C. The applicant proposes a fitness park that will feature 1.3 acres of open space for a play area, a 1/8 mile long pathway around the perimeter of the park, and nearly a dozen workout stations as quality of life amenities in accord with UDC requirements. Sidewalks: Sidewalks are required along all public streets as set forth in UDC 11-3A-17. A minimum 5 -foot wide detached sidewalk is required along W. Victory Road and S. Kentucky Way. Five-foot wide attached sidewalks are proposed along internal streets within the subdivision. Pathways: There is not a regional pathway designated on the Master Pathways Plan for this site. There are no pathways proposed to adjacent properties. In order to promote neighborhood connectivity as detailed in the Comprehensive Plan, staff recommends micropath connections to the west (between Lots 11 and 12, Block 2) and to the south (between Lots 7 and 8, Block 3) boundaries of the subdivision. For topography reasons, staff is not recommending a pathway be provided to the east (between Lots 13 and 14, Block 1) to the sidewalk along S. Kentucky Way as there is a 5% grade in that area which would not comply with ADA standards. Landscaping should be provided adjacent to the pathways in accord with the standards listed in UDC 11 -3B -12C. Revolution Ridge Sub AZ -14-002; PP -13-040 PAGE 7 EXHIBIT A Waterways: The Sundall Lateral crosses the southwest corner of the site. All ditches on the site are required to be piped unless waived by City Council in accord with UDC 11 -3A -6A. The applicant is requesting a waiver from City Council due to the large capacity of the lateral. The applicant anticipates that a 36-48" diameter pipe would be required to tile the lateral. The final plat should depict the easement for the lateral on the face of the plat and label it as such. Floodplain: This site does not lie within the Meridian Floodplain Overlay District. Building Elevations: The applicant has submitted conceptual building elevations for the future homes in this development, included in Exhibit A.S. Because homes on lots that back up to W. Victory Road and S. Kentucky Way will be highly visible, staff recommends the rear or sides of structures on these lots incorporate articulation through changes in materials, color, modulation, and architectural elements (horizontal and vertical) to break up monotonous wall planes and roof lines. Fencing: A 6 -foot tall vinyl fence is proposed along the perimeter boundary of the subdivision as depicted on the landscape plan; a 5 -foot tall wrought iron fence is proposed around the common area on Lot 22, Block 2 and adjacent to the common area on Lot 4, Block 1 in compliance with the standards listed in UDC 11-3A7. If the Sundall Lateral will not be improved as part of the development to be a water amenity (as defined in 11-1A-1), the lateral is required to be fenced with an open vision fence at least 6 -feet in height and having an 11-guage, 2 -inch mesh or other construction, equivalent in ability to deter access to the lateral. All fencing should comply with the standards listed in UDC 11 -3A -6B and 11-3A-7 In sunnnary, Staff recommends approval of the proposed annexation and preliminary plat request for this site with a development agreement and the recommended conditions listed in Exhibit B of this report in accord with the findings contained in Exhibit C. X. EXHIBITS A. Drawings/Other 1. Vicinity/Zoning Map 2. Proposed Preliminary Plat (dated: 1/28/14) - REVISED 3. Proposed Landscape Plan (dated: 1/25/13) 4. Site Plan (dated: January 2014) 5. Conceptual Building Elevations B. Agency & Department Comments/Conditions C. Legal Description & Exhibit Map for Annexation Boundary D. Required Findings from Unified Development Code Revolution Ridge Sub AZ -14-002; PP -13-040 PAGE 8 EXHIBIT A A. Drawings 1. Vicinity/Zoning Map Exhibit A Page 1 EXHIBIT A 2. Proposed Preliminary Plat (dated: 1/28/14) - REVISED REVOLUTION RIDGE SUBDIVISION A PARCEL Of UND ALL LOCATED LY A P(MIZON 01• WE SE 1/4 OF SECMV 26• MY, RIV. DM, MT OF MERMLAY, A&A COUNTY, IDA90 2013 44•FUGHT-OF-WAY910TION 17—�- - -F. 4A• RIGHT-OF-WAY SECTION Exhibit A Page 1 EXHIBIT A 3. Proposed Landscape Plan (dated: 1/25/13) e} 1 u r tALs s. HE�IE I 3 1 il, I � t 1,4Lf kA¶C! ;' l +a r i':if yy d 3 III 13 rc ` b f I - ' r ` r ` i I � I 1 I I i0 fl aR mum / �. I I ■I N �T rE.m ' t ENR4NEER3 ,� � R�RYEYORR n / µ` r♦ U W O O� t Exhibit A Page 2 EXHIBIT A 4. Site Plan (dated: January 2014) YC1R5 JERS Revolution Ridge or o. MJM) . ". -1 -2- EXHIBIT A 5. Conceptual Building Elevations Revol ltition We- e - Sample Home Elevations Sample rear elevations that would be along PV. Victot, .1, Road -3- EXHIBIT A -4- EXHIBIT A B. EXHIBIT B - AGENCY & DEPARTMENT COMMENTS/CONDITIONS 1. PLANNING DEPARTMENT 1.1 Site Specific Conditions of Approval 1.1.1 A Development Agreement (DA) is required as a provision of annexation of this property. Prior to the annexation ordinance approval, a DA shall be entered into between the City of Meridian, the property owner(s) at the time of annexation ordinance adoption, and the developer. The Applicant shall contact the City Attorney's Office to initiate this process. The DA shall be signed by the property owner and returned to the City within two (2) years of the City Council granting annexation. Currently, a fee of $303.00 shall be paid by the applicant to the City Clerk's office prior to commencement of the DA. The DA shall, at minimum, incorporate the following provisions: a. Direct lot access to W. Victory Road (except for the emergency access driveway on Lot 4, Block 1) and S. Kentucky Way is prohibited in accord with UDC 11-3A-3. b. The emergency access driveway via W. Victory Road on Lot 4, Block 1 shall be constructed with the first phase of development. The entrance to the driveway shall be gated with ., 20 foot . ide gate with „ Knox ,..,,1leel, have bollards with a chain between them and shall have a paved 5 -foot wide pathway around the gate bollards for pedestrian access. c. Future development of this site shall be generally consistent with the site plan and conceptual building elevations submitted with this application included in Exhibits AA and A.5. d. The rear or sides of homes on lots that back up to W. Victory Road and S. Kentucky Way shall incorporate articulation through changes in materials, color, modulation, and architectural elements (horizontal and vertical) to break up monotonous wall planes and roof lines. e. The Sundall Lateral, which crosses the southwest corner of the site, is fequired to be piped i aeEer-d with UDC 11 3A 6A unless waived by City C,.,,nei allowed to remain open and not be piped as approved by City Council in accord with UDC 11-3A-6A.3b. 1.1.2 The revised preliminary plat included in Exhibit A.2 dated 1/28/14 shall be revised follows: is approved. a. Minimum 5 foot wide eommen lots f miefopaths shall be pfovided to the west bet Lots 1 1 .,n 1 7 Block 2 and to the „tl-, between Tats 7 .,n Q Bleek 3 f f ,� de t •'., .���.� i i u.au icy, Livv.� i, uuu w uav uvuui �v�vr wird , b. The existing home eti hot 14, Bleek 2 is fequifed to eemply with the dimensional standards of the R 4 distr-iet listed in 11 G Table 11 2A S. The south east pfoperty line adjaeent to the eemmon area on Lot l3leek 2 should be shifted so that the hetise meets the i sett aek f e t of 15 F of 3 a. Depict a 20 -foot wide easement for the water main required in Lot 8, Block 3. 1.1.3 The landscape plan included in Exhibit A.3 dated 1/25/13 shall be revised as follows: a. Depict a 20-f et wid bollards with a chain between them across the emergency access driveway via W. Victory Road on Lot 4, Block 1 and a 5 -foot wide pathway around the bollards for pedestrian access. b. Minimum 15 -foot wide common lots for micropaths shall be provided to the west between Lots 11 and 12, Block 2 and to the south between Lots 7 and 8, Block 3 and shall be landscaped in accord with the standards listed in UDC 11 -3B -12C. -5- EXHIBIT A c. If Council approves a waiver to allow the Sundall Lateral to remain open and not be piped and it's not improved as a water amenity, the lateral shall be fenced with an open vision fence at least 6 -feet in height having an 11-guage, 2 -inch mesh or other construction, equivalent in ability to deter access to the lateral in accord with the standards listed in UDC 11 -3A -6B. d. Where bark is proposed within required landscape areas, the area is required to be at least 70% covered with vegetation at maturity in accord with UDC 11 -3B -5N. e. One tree per 35 lineal feet is required to be planted within the parkway area along W. Victory Road in addition to the landscaping required within the street buffer area. 1.1.4 The developer shall construct all proposed fencing and/or any fencing required by the UDC, consistent with the standards as set forth in UDC 11-3A-7 and 11 -3A -6B. 1.1.5 The developer shall provide a minimum 10% qualified open space in accord with the standards listed in UDC 11 -3G -3B. 1.1.6 The emergency access driveway via W. Victory Road shall be constructed in accord with Fire Department standards (see condition #4.8 below). 1.1.7 In accord with the site amenity requirements listed in UDC 11-3G-3, the developer shall provide exercise stations and a perimeter pathway within Lot 22, Block 2 as proposed in Exhibits A.4 and A.S. 1.1.8 The developer is required to extend a water main through Lot 8, Block 3 to the south boundary of the subdivision for future extension. 1.1.9 The developer is required to construct a minimum 5 -foot wide detached sidewalk off-site on the east side of S. Kentucky Way in lieu of a sidewalk on the west side of S. Kentucky Way as determined at the Citv Council hearing. 1.1.10 A 6 -foot tall solid temporary fence is required to be constructed across the right-of-way of Rebellion Street and a sign installed on the fence stating the street will be extended in the future. 1.2 General Conditions of Approval 1.2.1 Comply with all bulls, use, and development standards of the R-4 zoning district listed in UDC Table 11-2-A-5. 1.2.2 Comply with all provisions of 11-3A-3 with regard to access to streets. Direct lot access to W. Victory Road and S. Kentucky Way is prohibited. 1.2.3 Construct on -street bikeways on all collector streets as set forth in UDC 11-3A-5. 1.2.4 Comply with the provisions for irrigation ditches, laterals, canals and/or drainage courses, as set forth in UDC 11-3A-6. 1.2.5 Provide a pressurized irrigation system consistent with the standards as set forth in UDC 11-3A- 15, UDC 11-313-6 and MCC 9-1-28. 1.2.6 Comply with the sidewalk standards as set forth in UDC 11-3A-17. 1.2.7 Install all utilities consistent with the standards as set forth in UDC 11-3A-21 and 11 -3B -5J. 1.2.8 Construct all off-street parking areas consistent with the standards as set forth in UDC 11-3C-6 for single-family dwellings. 1.2.9 Construct the required landscape buffers consistent with the standards as set forth in UDC 11-313- 7C. -6- EXHIBIT A 1.2.10 Construct storm water integration facilities that meet the standards as set forth in UDC 11 -3B - 11C. 1.2.11 Construct all parkways consistent with the standards as set forth in UDC 11 -3A -17E, 11 -3G -3B5 and 11 -3B -7C. 1.2.12 Comply with all subdivision design and improvement standards asset forth in UDC 11-6C-3, including but not limited to cul-de-sacs, alleys, driveways, common driveways, easements, blocks, sheet buffers, and mailbox placement. 1.2.13 Protect any existing trees on the subject property that are greater than four -inch caliper and/or mitigate for the loss of such trees as set forth in UDC 11-313-10. 1.2.14 Comply with all provisions of UDC 11-3A-3 with regard to maintaining the clear vision triangle. 1.3 Ongoing Conditions of Approval 1.3.1 The applicant and/or assigns shall have the continuing obligation to provide irrigation that meets the standards as set forth in UDC 11-313-6 and to install and maintain all landscaping as set forth in UDC 11-3B-5, UDC 11-313-13 and UDC 11-313-14. 1.3.2 All common open space and site amenities shall be maintained by an owner's association as set forth in UDC 11-3 G -3F 1. 1.3.3 The project is subject to all current City of Meridian ordinances and previous conditions of approval associated with this site. 1.3.4 The applicant and/or property owner shall have an ongoing obligation to prune all trees to a minimum height of six feet above the ground or sidewalk surface to afford greater visibility of the area. 1.3.5 The applicant shall have an ongoing obligation to maintain all pathways. 1.3.6 The applicant has a continuing obligation to comply with the outdoor lighting provisions as set forth in UDC 11-3A-11. 1.3.7 The applicant and/or property owner shall have an ongoing obligation to maintain all landscaping and constructed features within the clear vision triangle consistent with the standards in UDC 11- 3A-3. 1.4 Process Conditions of Approval 1.4.1 No signs are approved with this application. Prior to installing any signs on the properly, the applicant shall submit a sign permit application consistent with the standards in UDC Chapter 3 Article D and receive approval for such signs. 1.4.2 The applicant shall complete all improvements related to public life, safety, and health as set forth in UDC 11 -5C -3B. A surety agreement may be accepted for other improvements in accord with UDC 11 -5C -3C. 1.4.3 The final plat, and any phase thereof, shall substantially comply with the approved preliminary plat as set forth in UDC 11-613-3C2. 1.4.4 The applicant shall obtain approval for all successive phases of the preliminary plat within two years of the signature of the City Engineer on the previous final plat as set forth in UDC 11 -6B - 7B (if applicable). 1.4.5 The preliminary plat approval shall be null and void if the applicant fails to either 1) obtain the City Engineer signature on a final plat within two years; or, 2) gain approval of a time extension as set forth in UDC 11-613-7. -7- EXHIBIT A 1.4.6 Upon installation of the landscaping and prior to inspection by Planning Division staff, the applicant shall provide a written certificate of completion as set forth in UDC 11 -3B -14A. 2. PUBLIC WORKS DEPARTMENT 2.1 Site Specific Conditions of Approval 2.1.1 The applicant shall be responsible for the construction of water and sewer mains from their current points of terminus to and through the proposed development. Due to limitation of the ability to provide fire flows above elevation 2706.00, development will be limited to the northern portion of the proposed preliminary plat, roughly north of the lots fronting both sides of Riodosa, assuming that Riodosa will be constructed at a finish grade elevation 2706.00 or lower. In this case, Lots 2-4, Block 4, Lots 23-31, Block 2, and all of Block 3 would not be able to be developed until such time that an additional water supply source is available to the south in Pressure Zone 5, and a Pressure Reducing (PRV) station is in place separating the Pressure Zones. 2.1.2 When additional water supply source is available to the south in Pressure Zone 5, and the developer proceeds with development of those lots restricted above, the developer will be responsible for the installation of a Pressure Reducing (PRV) station near the northeast corner of Lot 22, Block 2. The applicant shall provide an easement and install a pressure reducing station vault and conduits for the power lines and telemetry cable. The installation of the pressure reducing appurtenances shall be the responsibility of the Meridian Public Works Department. The applicant shall coordinate the vault and conduit design criteria with the Meridian Public Works Department as part of the development plan review process. 2.1.3 The terminus of the water main in the Riodosa cul-de-sac shall terminate with a fire hydrant between Lot 14 and the pathway connection. 2.2 General Conditions of Approval 2.2.1 Applicant shall coordinate water and sewer main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service outside of a public right-of-way. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub -grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2.2.2 Per Meridian City Code, the applicant shall be responsible to install sewer and water mains to and through this development. 2.2.3 The applicant shall provide easement(s) for all public water/sewer mains outside of public right of way (include all water services and hydrants). The easement widths shall be 20 -feet wide for a single utility, or 30 -feet wide for two. The easements shall not be dedicated via the plat, but rather dedicated outside the plat process using the City of Meridian's standard forms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement (on the form available from Public Works), a legal description prepared by an Idaho Licensed Professional Land Surveyor, which must include the area of the easement (marked EXHIBIT A) and an 81/2" x 11" map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. 2.2.4 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 12-13-8.3). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single -point connection to the culinary water system shall be required. If a single -point connection is utilized, -8- EXHIBIT A the developer will be responsible for the payment of assessments for the common areas prior to prior to receiving development plan approval. 2.2.5 All existing structures that are required to be removed shall be prior to signature on the final plat by the City Engineer. 2.2.6 All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per UDC 11-3A-6. Plans shall be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or non -approval submitted to the Public Works Department. If lateral users association approval can't be obtained, alternate plans shall be reviewed and approved by the Meridian City Engineer prior to final plat signature. 2.2.7 Any existing domestic well system within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9 4 8 contact the City of Meridian Engineering Department at (208)898-5500 for inspections of disconnection of services. Wells may be used for non-domestic purposes such as landscape irrigation if approved by Idaho Department of Water Resources Contact Robert B. Whitney at (208)334-2190. 2.2.8 Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 8. Contact Central District Health for abandonment procedures and inspections (208)375-5211. 2.2.9 Street signs are to be in place, sanitary sewer and water system shall be approved and activated, fencing installed, drainage lots constructed, road base approved by the Ada County Highway District and the Final Plat for this subdivision shall be recorded, prior to applying for building permits. 2.2.10 A letter of credit or cash surety in the amount of 110% will be required for all uncompleted fencing, landscaping, amenities, etc., prior to signature on the final plat. 2.2.11 All development improvements, including but not limited to sewer and water, fencing, micro - paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy. 2.2.12 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to the issuance of a plan approval letter. 2.2.13 It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 2.2.14 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.2.15 Developer shall coordinate mailbox locations with the Meridian Post Office. 2.2.16 All grading of the site shall be performed in conformance with MCC 11-12-314. 2.2.17 Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 2.2.18 The engineer shall be required to certify that the street centerline elevations are set a minimum of 3 -feet above the highest established peals groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1 -foot above. 2.2.19 The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACHD. The design engineer shall provide certification that the facilities have been installed in -9- EXHIBIT A accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. 2.2.20 At the completion of the project, the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 2.2.21 100 Watt and 250 Watt, high-pressure sodium street lights shall be required on all public roadways per the City of Meridian Improvement Standards for Street Lighting. All street lights shall be installed at developer's expense. Final design shall be submitted as part of the development plan set for approval, which must include the location of any existing street lights. Street lighting is required at intersections, corners, cul-de-sacs, and at a spacing that does not exceed that outlined in the Standards. The contractor's work and materials shall conform to the ISPWC and the City of Meridian Supplemental Specifications to the ISPWC. 2.2.22 The City of Meridian requires that the owner post to the City a performance surety in the amount of 125% of the total construction cost for all incomplete sewer, water and reuse infrastructure prior to final plat signature. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Please contact Land Development Service for more information at 887-2211. 2.2.23 The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20% of the total construction cost for all completed sewer, water and reuse infrastructure for duration of two years. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Please contact Land Development Service for more information at 887-2211. 3. POLICE DEPARTMENT 3.1 The Police Department has no concerns with this application. 4. FIRE DEPARTMENT 4.1 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department in accordance with International Fire Code Section (IFC) 508.5.4 as follows: a. Fire hydrants shall have the 4 /2" outlet face the main street or parking lot drive aisle. b. Fire hydrants shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works specifications. d. Fire Hydrants shall be placed on corners when spacing permits. e. Fine hydrants shall not have any vertical obstructions to outlets within 10'. f. Fire hydrants shall be placed 18" above finished grade to the center of the 4 %" outlets. g. Fire hydrants shall be provided to meet the requirements of IFC Section 509.5. h. Show all proposed or existing hydrants for all new construction or additions to existing buildings within 1,000 feet of the project. 4.2 All entrances, internal roads, drive aisles, and alleys shall have a turning radius of 28' inside and 48' outside, per International Fire Code Section 503.2.4. 4.3 Ensure that all yet undeveloped parcels are maintained free of combustible vegetation as set forth in International Fire Code Section 304.1.2. -10- EXHIBIT A 4.4 Fire lanes, streets, and structures (including the canopy height of mature trees) shall have a vertical clearance of 13'6 as set forth in International Fire Code Section 503.2.1. 4.5 Operational fire hydrants, temporary or permanent street signs, and access roads with an all weather surface are required to be installed before combustible construction material is brought onto the site, as set forth in International Fire Code Section (IFC) 501.4 and Meridian amendment to IFC 10-4-2J. 4.6 The applicant shall work with Public Works and Planning Department staff to provide an address identification plan and a sign which meets the requirements of the City of Meridian sign ordinance and is placed in a position that is plainly legible and visible from the street or road fronting the property, as set forth in International Fire Code Section 505.1. 4.7 The developer shall install a 20 footwide gate with a Knox padloek bollards with a chain across the emergency access driveway via W. Victory Road on Lot 4, Block 1 to restrict access for emergency purposes only. 4.8 The emergency access driveway via W. Victory Road across Lot 4, Block 1 shall have a 20' wide improved surface capable of supporting an imposed load of 75,000 lbs. The driveway shall be marked in accordance with Appendix D Section D103.6 Signs. 4.9 Parking is only allowed on one side of the streets that are constructed as 42 -foot wide street sections. "No parking" signs shall be installed at regular intervals along the street. 5. REPUBLIC SERVICES 5.1 Republic Services has no comments on this application. 6. PARKS DEPARTMENT 6.1 The applicant shall contact Elroy Huff, City Arborist, at 888-3579 to coordinate mitigation for existing trees on the site that are proposed to be removed, in accord with UDC 11-313-10C.5. 7. ADA COUNTY HIGHWAY DISTRICT 7.1 Site Specific Conditions 7.1.1 Construct a detached 5 -foot wide sidewalk parallel to Victory Road located a minimum of 36 -feet from centerline of the road abutting the site. 7.1.2 Construct a 5 -foot wide detached sidewalk on the west side, OR, on the east side; but not both. ACHD preference is the east side, if approved by the City. If not approved by the City, then west side of Kentucky Way. The sidewalk should be located a minimum of 24 -feet from centerline along Kentucky Way abutting the site. 7.1.3 Provide permanent right-of-way easements for all public sidewalk placed outside of the dedicated right-of-way. The easement shall encompass the entire area between the right-of-way line and 2 - feet behind the back edge of the sidewalk. Sidewalks shall either be located wholly within the public right-of-way or wholly within an easement. 7.1.4 Install "NO PARKING" signs on Kentucky Way if not already there. 7.1.5 Construct Blue Downs Street into the site as a 34 -foot street section with curb, gutter, and 5 -foot wide concrete sidewalk within 48 -feet of right-of-way. 7.1.6 Construct Rebellion Street and Redup Street, as a 34 -foot street section (back of curb to back of curb) with rolled curb, gutter, and 5 -foot wide sidewalk within 48 -feet of right-of-way. 7.1.7 Construct the internal streets, Revolution, Riot, Riodosa, and Revolt Streets, as 29 -foot street sections with rolled curb, gutter, and 5 -foot wide concrete attached sidewalks within 42 -feet of EXHIBIT A right-of-way. 7.1.8 Provide written approval from the appropriate fire department for the reduced street sections prior to final plat. 7.1.9 hlstall "NO PARKING" signs on one side of the 29 -foot street sections in accordance with District policy and Fire Department specifications. 7.1.10 Construct 3 cul-de-sacs at the terminus of Riodosa Street, Riot Street and Rebellion Street with a minimum turning radius of 45 -feet. 7.1.11 Construct Rebellion Street as a stub street to the west, between Block 1 Lots 1 & 2 and Block 2 Lot 1, located approximately 200 -feet south of Victory Road (centerline to centerline). 7.1.12 Construct Redup Street as a stub street to the south, between Block 2 Lots 30 & 31 and Block 3 Lot 1, located approximately 150 -feet east of the west property line. 7.1.13 Construct a 30 -foot wide driveway 250 -feet west of Kentucky Way and 240 -feet east of an existing residential driveway onto Victory Road. 7.1.14 Pave the driveway 21 -feet in width it entire length from Victory Road to Rebellion Street and coordinate with ACRD and the Meridian Fire Department on design and restricting the driveway for emergency purposes only. 7.1.15 Payment of impacts fees are due prior to issuance of a building permit. 7.1.16 Comply with all Standard Conditions of Approval. 7.2 Standard Conditions of Approval 7.2.1 All irrigation facilities shall be relocated outside of the ACRD right-of-way. 7.2.2 Private Utilities including sewer or water systems are prohibited from being located within the ACRD right-of-way. 7.2.3 In accordance with District policy, 7203.3, the applicant may be required to update any existing non-compliant pedestrian improvements abutting the site to meet current Americans with Disabilities Act (ADA) requirements. The applicant's engineer should provide documentation of ADA compliance to District Development Review staff for review. 7.2.4 Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 7.2.5 A license agreement and compliance with the District's Tree Planter policy is required for all landscaping proposed within ACRD right-of-way or easement areas. 7.2.6 All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 7.2.7 It is the responsibility of the applicant to verify all existing utilities within the right-of-way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1-811-342-1585) at least two frill business days prior to breaking ground within ACRD right-of-way. The applicant shall contact ACRD Traffic Operations 387-6190 in the event any ACRD conduits (spare or filled) are compromised during any phase of construction. 7.2.8 Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details. -12- EXHIBIT A 7.2.9 All design and construction shall be in accordance with the ACRD Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Standards unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 7.2.10 Construction, use and property development shall be in conformance with all applicable requirements of ACRD prior to District approval for occupancy. 7.2.11 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 ACRD. The burden shall be upon the applicant to obtain written confirmation of any change from ACHD. 7.2.12 If the site plan or use should change in the future, ACHD Planning Review will review the site plan and may require additional improvements to the transportation system at that time. Any change in the planned use of the property which is the subject of this application, shall require the applicant to comply with ACHD Policy and Standard Conditions of Approval in place at that time unless a waiver/variance of the requirements or other legal relief is granted by the ACHD Commission. -13- EXHIBIT A C. Legal Description & Exhibit Map for Annexation Boundary LEGAL DESCRIPTION FOR ANNEXATION A parcel of land located In the Northwest 1/4 of Section 26, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho. tieing further described as follows; BASIS OF CLEARINGS; The North line of the Northwest 1/4 of Section 26, Township 3 Norlh, Range 1 West, Boise Meridian, derived from found monuments and taken as South 89120'30" East with the distance between monuments found to be 2,640,21 feet. BEGINNING at a point on the North line of the Northwest 1/4 of Section 25, Township 3 North, Range 1 West, Boiso Meridian, from which the Northwest corner of said Section 26 bears North 89°20'30" West a distance of 1,620.02 feet; thence along said North tine, South 89°20'30" East a distance of a distance of 478.19 feet to (lie centerline of Kentucky Ridge Road; thence along said centerilne the following three(3) courses: South 0028'22" West a distance of 191.56 feet; along a curve to the left with a radius of 228.00 feet and a contral angle of 57°44'16" an arc length of 229.76 feet with a chord bearing of Snuth 2.8°2346" Cast, and a chord dlstance of 220.16 feet; South 57916163" East a distance of 65.36 feet; thence leaving said centerline, South 32°44'07" West a distance of 30.00 feet; thence South 61136'16" West a distance of 33.74 feet; thence South 10°47118" West a distance of 339.91 feet; thence South 00027'48" West a distance of 628.85 feet; thence North 89023'16" West a distance of 835,02 feet; thence North 00°32'33" East a distance of 598.66 feel; thence Soulh 89°20'30" East a distance of 300.00 feet; thence North 00°32'33" East a distance of 726.00 feet to the POINT OF BEGiNNING, Said parcel containing 880,381 WILlare feet or 20.39 acres, more or less, END OF DESCRIPTION Russell E. Badcdley, P,L.S. 12458 Timberline Surveying 847 park Centre Way, Suite 3 Nampa, Idaho 83651 (208) 4655687 -14- EXHIBIT A BASIS OF BL=ARING $89120'3018 - 2640.21' 2324 $89'20'30"E Sao' 20' SOV Ile 26 1020.02' I �I M I S60' 20' 30"I+ - 300,00 A IVNEX4 TION 808,381 sq,ft. 20.39 ac, V10YORv Roan $89°20'30'x•642.00' �7 M I Curvo TWO CURVE LEN4TIi RADIUS DELTA rANdEW CHOW IWARENG I C1 2 29.7v 220.00' 07`010' 126.70,220.10' 820'2J40'k NBfJ'23''16"W • 835,02' � ti. ��' 65,36' '---532'44'01"W 3'0,00' 561'36'961W 33.14' A-111 I" = 200' REVOLUTION MIDGE SUBDIVISION ANNEXATION--� DISPLAY MAP rA>31:1ti,IN>? _- SURVEYING SECTION 26, TOWNSHIP 3 NORTH, RANGE 1 WEST, a,M, 61)PA ,RM WAr.avlte1.&e WARAuo ausi -15- EXHIBIT A D. Required Findings from Unified Development Code 1. Annexation Findings: Upon recommendation from the Commission, the Council shall make a full investigation and shall, at the public hearing, review the application. In order to grant an annexation, the Council shall make the following findings: a. The map amendment complies with the applicable provisions of the Comprehensive Plan; The Applicant is proposing to annex the subject property with an R-4 zoning district and proposes a gross density of 3.2 dwelling units per acre consistent with the FLUM designation of LDR. Therefore, the City Council finds that the proposed map amendment complies with the provisions of the Comprehensive Plan and should be compatible with adjacent residential uses (see section VII above for more information). b. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; The City Council finds that the proposed map amendment to the R-4 zoning district is consistent with the propose statement for the residential districts as detailed in Section VIII above. c. The map amendment shall not be materially detrimental to the public health, safety, and welfare; The City Council finds that the proposed zoning amendment will not be detrimental to the public health, safety, or welfare. City utilities will be extended at the expense of the applicant. d. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the City including, but not limited to, school districts; and, The City Council finds that the proposed zoning amendment will not result in any adverse impact upon the delivery of services by any political subdivision providing services to this site. e. The annexation is in the best of interest of the City (UDC 11-513-3.E). The City Council finds annexing this property with an R-4 zoning district is in the best interest of the City. 2. Preliminary Plat Findings: In consideration of a preliminary plat, combined preliminary and final plat, or short plat, the decision-making body shall make the following findings: a. The plat is in conformance with the Comprehensive Plan; The City Council finds that the proposed plat is in substantial compliance with the adopted Comprehensive Plan in regard to land use, transportation, and circulation. Please see Con2prehensive Plan Policies and Goals, Section VII, of the Staff Report for more in7forination. -16- EXHIBIT A b. Public services are available or can be made available and are adequate to accommodate the proposed development; The City Council finds that public services will be provided to the subject property upon development. (See Exhibit B of the Staff Report for more details from public service providers.) c. The plat is in conformance with scheduled public improvements in accord with the City's capital improvement program; Because City water and sewer and any other utilities will be provided by the development at their own cost, the City Council finds that the subdivision will not require the expenditure of capital improvement fiends. d. There is public financial capability of supporting services for the proposed development; Based upon comments from the public service providers (i.e., Police, Fire, ACRD, etc.), the City Council finds there is public financial capability of supporting services for the proposed development. (See Exhibit B for more detail.) e. The development will not be detrimental to the public health, safety or general welfare; and City Council The City Council is not aware of any health, safety, or environmental problems associated with the platting of this property. ACRD considers road safety issues in their analysis. After consideration of public testimony presented at the hearing, the City Council determined the proposed subdivision should not be detrimental to the public health, safety or general welfare. -17- J6T-,VfMkT,1ay . 2014 ITEM NUMBER: 1V Final Order for Approval: TEC 14-004 Ambercreek by Trilogy Idaho Located Southwest Corner of W. McMillan Road and N. Meridian Road Request: One (1) Year Time Extension on the Preliminary Plat in Order to Obtain the City Engineer's Signature on Final Plat Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE REQUEST FOR A ONE (1) YEAR TIME EXTENSION ON THE PRELIMINARY PLAT FOR AMBERCREEK SUBDIVISION IN ORDER TO OBTAIN THE CITY ENGINEER'S SIGNATURE ON THE SECOND PHASEOF A FINAL PLAT, LOCATED IN SECTION 36, TAN., RAW., MERIDIAN, IDAHO BY: TRILOGY IDAHO APPLICANT CIC APRIL 22, 2014 CASE NO. TEC -14-004 ORDER OF CONDITIONAL APPROVAL OF TIME EXTENSION This matter coming before the City Council on April 15, and 22, 2014, upon the Applicant's submittal of a preliminary plat time extension application for a one (1) year extension within which to obtain the City Engineer's signature on the second phase of the final plat for Ambercreek Subdivision, which preliminary plat was originally approved on February 26, 2006, as provided in Unified Development Code § 11 -6B -7C, and good cause shown. A two (2) year time extension (TEC -12-006) was previously approved for this subdivision by the City Council on April 17, 2012 and would have otherwise expired on March 23, 2014. IT IS HEREBY ORDERED THAT: The above named applicant is granted one (1) year, until March 23, 2015, within which to obtain the City Engineer's signature on the second phase of the final plat, subject to the conditions of approval as shown in the attached Staff Report for the hearing date of April 22, 2014, incorporated by reference. ORDER OF CONDITIONAL APPROVAL OF TIME EXTENSION FOR AMBERCREEK SUBDIVISION TEC -14-004 Page 1 of 2 Attached: Staff Report for the hearing date of April 22, 2014 By the action of the City Council at its regular meeting on the day of ,2014. DATED this 1211: day of _ 2014 Mayor ap ny de Weerd Attest: S if c "l r r o, j Jaycee„Holman, City Clerl��' i Copy served upon the Applicant, Planning Department, Public Works Department, and City Attorney. BIS: vet,` Dated: c ORDER OF CONDITIONAL APPROVAL OF TIME EXTENSION FOR AMBERCREEK SUBDIVISION TEC -14-004 Page 2 of 2 EXHIBIT A STAFF REPORT Hearing Date: April 22, 2014 (Continued from April 15, 2014) TO: Mayor and City Council FROM: Bill Parsons, Associate City Planner (208) 884-5533 SUBJECT: TEC -14-004 — Ambercreek 1. APPLICATION SUMMARY C..�VI E II3I� It�N The applicant, Trilogy Idaho, has requested approval of a one (1) year time extension to obtain the City Engineer's signature on the second phase of the Ambercreek Subdivision. 2. STAFF RECOMMENDATION Staff recommends approval of a one (1) year time extension to obtain the City Engineer's signature on the second phase of the Ambercreek Subdivision to expire on March 23, 2015. 3. PROPOSED MOTION Approval After considering all staff, applicant, and public testimony, I move to approve File Number TEC -14- 004, as presented in the staff report for the hearing date on April 22, 2014. Denial After considering all staff, applicant, and public testimony, I move to deny File Number TEC -14-004, as presented during the hearing on April 22, 2014, for the following reasons: (You should state specific reasons for denial.) Continuance After considering all Staff, Applicant, and public testimony, I move to continue File Number TEC - 14 -004 to the hearing date of (insert continued hearing date here) for the following reason(s): (you should state specific reason(s) for continuance) 4. APPLICATION AND PROPERTY FACTS A. Site Address/Location: The subject property is located near the southwest corner of McMillan Road and Meridian Road in the northeast 11/4 of Section 36, Township 4 North, Range 1 West, B. Applicant: Trilogy Idaho 2358 S. Titanium Place Meridian, Idaho 83642 C. Owner: Dyver Development 2364 S. Titanium Place Meridian, Idaho 83642 Ambercreek - TEC -14-004 - 1 - D. Representative: Kent Brown, KB Planning 3161 E. Springwood Drive Meridian, Idaho 83642 E. Applicant's Statement/Justification: Please see applicant's narrative for this information. 5. PROCESS FACTS A. The subject application is a request for a preliminary plat time extension. Per Meridian City Code, a public hearing is required before the City Council on this matter. B. Newspaper notifications published on: March 24, and April 7, 2014 C. Radius notices mailed to properties within 300 feet on: March 20, 2014 D. Applicant posted notice on site by: April 4, 2014 6. LAND USE A. Existing Land Use(s): The subject property is undeveloped, residentially zoned land. B. Character of Surrounding Area and Adjacent Land Use and Zoning: 1. North: Agricultural Land, zoned C -G and R-40 2. East: Amberwave Subdivision, currently in the development process 3. South: Ambercreek No. 1, zoned R-8 4. West: Cedar Springs Townhomes Subdivision, zoned R-15 and R-8 C. History of Previous Actions: The annexation (AZ -05-055) and preliminary plat (PP -05-057) for Ambercreek Subdivision were approved by the Meridian City Council on February 26, 2006. The preliminary plat consists of 175 residential lots and 16 common lots. A development agreement was required with the annexation of the property and recorded as instrument #106048481. In 2009, the City Council approved a development agreement modification (MDA -09-001) to incorporate elevations into the recorded development agreement (instrument #110064697). ® In 2006, several final plats (FP -06-017 and FP -06-027) were approved by City Council. The first phase has recorded and the second phase has been approved by City but never recorded. ® Over the past several years, the property received approval for multiple time extensions (TE - 08 -016, TE -10-001, TE -10-022 and TEC -12-002). 7. UNIFIED DEVELOPMENT CODE Per UDC 11-613-7A, approval of a preliminary plat shall become null and void if the applicant fails to obtain the City Engineer's signature on the final plat within two years of the approval of the preliminary plat. Per UDC 11-613-7C, upon written request and filing by the applicant prior to the termination of the allowed time period, the Director may authorize a single extension of time to obtain the City Engineer's signature on the final plat not to exceed two (2) years. Additional time extensions up to two (2) years as determined and approved by City Council may be granted. With all extensions, the Director or City Council may require the plat to comply with current provisions of the UDC. Ambercreek - TEC -14-004 - 2 - EXHIBIT A S. STAFF ANALYSIS This is the fifth time extension requested for approval. The previous two-year time extension approved by City Council has expired on March 23, 2014. The applicant has met the necessary deadline by filing a written request for a time extension before the final plat expired. The applicant states the development of the property was slowed due to the downturn in the housing market in 2011 and 2012. With previous time extensions, the applicant has been required to comply with the most recent requirements of the UDC. Those conditions remain in effect with the subject time extension. The applicant must also comply with all previous conditions of approval for this site. For informational purposes, the applicant is requesting to withdraw the approved second phase of the final plat (FP -06-027) in order to receive approval of a smaller second phase. The applicant has submitted the final plat concurrent with the subject time extension for Council's consideration. The applicant has also coordinated with the Planning staff and ACRD to remove the road connection to McMillan Road. Both ACED and the Planning staff support the removal of the roadway in lieu of a micropath connection. To memorialize the change, staff recommends a new condition with the time extension which requires a micropath connection to the McMillan Road sidewalk in lieu of the public street connection with the third phase of development. 9. EXHIBITS A. Drawings 1. Vicinity Map 2. Approved Preliminary Plat B. Conditions of Approval Ambercreek - TEC -14-004 -3 - EXHIBIT A A. Drawings 1. Vicinity Map Vicinity Ma o 0.1 O.Miles Print Date: 4/712014 Ambercreek - TEC -14-004 - 4 - EXHIBIT A 2. Approved Preliminary Plat Ambercreek - TEC -14-004 - 5 - EXHIBIT A B. Conditions of Approval 1. The applicant is to meet all terms of the approved annexation (AZ -05-055), development agreement (instrument #106048481 and #110064697), preliminary plat (PP -05-057), final plat (FP -06-017) and time extensions (TE -08-016, TE -10-001, TE -10-022 and TEC -12-002) for this development. 2. With the third phase of development the applicant shall construct a 20 -foot wide micropath to the 5 -foot detached sidewalk adjacent to McMillan Road in lieu of the public street connection to McMillan Road. Applicant shall also be required to construct a water main through this common lot to connect the subdivision to the existing water main in McMillan Road. The Applicant shall have one (1) year, until March 23, 2015, to obtain the City Engineer's signature on a final plat for Ambercreek Subdivision No. 2. Ambercreek - TEC -14-004 - 6 - Bill Parsons From: kent brown <kentlkb@gmail.com> Sent: Friday, April 11, 2014 9:23 AM To: Bill Parsons Cc: Ted Baird; Bill Nary; Jacy Jones; Jaycee Holman; Machelle Hill; Shawn Brownlee [Shawn@trilogyidaho.com] (Shawn@trilogyidaho.com); Justin Lucas Subject: Re: Ambercreek TEC staff report for 04/15/14 CC MTG Bill thanks for the Staff report. I have review the report and are in agreement with the staff report and we can comply. Kent Brown On Fri, Apr 11, 2014 at 8:04 AM, Bill Parsons <bparsons@meridiancit�org> wrote: Attached is the staff report for the proposed Ambercreek time extension application (TEC -14-004). This item is scheduled to be on the Council agenda on 04/15/14. The public hearing will be held at City Hall, 33 E. Broadway Avenue, beginning at 6:00 pm. Please call or e-mail with any questions. Kent - Please submit any written response you may have to the staff report to the City Clerk's office (iholmanCmeridiancitY org, mhill@meridiancity.org, and ijones@meridiancity.org) and myself (e-mail or fax) as soon as possible. Bill Parsons, AICP Associate City Planner Community Development Department 33 E. Broadway Avenue Meridian, Idaho 83642 PHONE: (208) 884-5533 FAX: (208) 888-6854 bparsons@meridiancity.org -NATE: May • , 2014 ITEM NUMBER: 5S Findings of Fact, Conclusions of Law for Approval: MDA 14-005 Northpointe Commercial by Blackhawk/Meridian, LLC Located Northwest Corner of W. McMillan Road and N. Linder Road Request: Amend the Recorded Development Agreement (Instr. #103181095) to Remove the Requirement of Obtaining Detailed Conditional Use Permit for the Commercial Lots MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW ENIDIAM.1-5-1-11 AND DECISION & ORDER In the Matter of the Request for a Development Agreement Modification to Amend the Existing Development Agreement (Instrument #103181095) to Remove the Requirement for Conditional Use Permit Approval Prior to Commencing with Site Development, Located on the Northwest corner of W. McMillan Road and N. Linder Road, by Blackhawk/Meridian, LLC. Case No(s). MDA -14-005 For the City Council Hearing Date of. April 22, 2014 (Findings on May 6, 2014) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of April 22, 2014, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of April 22, 2014, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of April 22, 2014, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of April 22, 2014, incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted April 19, 2011, Resolution No. 11-784 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A. 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). MDA -14-005 -1- 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the development agreement provisions all in the attached staff report for the hearing date of April 22, 2014, incorporated by reference. The provisions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11-5A and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's request for development agreement modification for Northpointe Commercial Subdivision is hereby approved per the conditions of approval in the attached staff report for the hearing date of April 22, 2014, attached as Exhibit A. D. Notice of Applicable Time Limits Notice of Two (2) Year Development Agreement Duration The development agreement shall be signed by the property owner and returned to the City within two (2) years of the City Council granting the modification (UDC 11-513-3D). A modification to the development agreement may be initiated prior to signature of the agreement by all parties and/or may be requested to extend the time allowed for the agreement to be signed and returned to the City if filed prior to the end of the two (2) year approval period (UDC 11-513-317). E. Notice of Final Action and Right to Regulatory Takings Analysis 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, denial of a development application entitles the Owner to request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Cleric not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. 2. Please take notice that this is a final action of the governing body of the City of Meridian. When applicable and pursuant to Idaho Code § 67-6521, any affected person being a person who has an interest in real property which may be adversely affected by the final action of the governing board may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. F. Attached: Staff Report for the hearing date of April 22, 2014 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). MDA -14-005 -2- By action of the City Council at its regular meeting held on the 2014. COUNCIL PRESIDENT CHARLIE ROUNTREE COUNCIL VICE PRESIDENT KEITH BIRD COUNCIL MEMBER DAVID ZAREMBA COUNCIL MEMBER JOE BORTON COUNCIL MEMBER LUKE CAVENER °4 day of VOTED - VOTED VOTED VOTED ," C _ - VOTED COUNCIL MEMBER GENESIS MILAM VOTED MAYOR TAMMY de WEERD VOTED (TIE BREAKER) _ xz r Mayor Tail de Weerd Attest: lman, City Clerk Copy served upon Applicant, The Planning Department, Public Works Department and City Attorney. Bye Dated: 0a\',1 6 City ler fice G CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). MDA -14-005 -3- EXHIBIT A STAFF REPORT HEARING DATE: April 22, 2014 TO: Mayor and City Council FROM: Bill Parsons, Associate City Planner (208)884-5533 SUBJECT: MDA-14-005—Northpointe Commercial L SUMMARY DESCRIPTION OF REQUEST The applicant, Blackhawk/Meridian, LLC, is requesting to amend the recorded development agreement (DA) (instrument #103181095) approved with the Kelly Creek Subdivision. Currently, the DA requires CUP approval prior to any development occurring on the commercial property. The applicant is requesting to remove this requirement from the DA. See Section VII Analysis for more information. II. SUMMARY RECOMMENDATION Staff recommends approval of the development agreement modification application as detailed in Section VII of the staff report. The Meridian City Council heard this item on April 22.2014. A he public hearing, the Council approved the subject MDA request. a. Summary of City Council Public Hearing: L. In favor: Brian Martens ij In opposition: None Oji Commentinw: None Iy. Written testimony: Gerald Martens Y_ Staff presenting application: Bill Parsons AL Other staff commenting on application: None L Key Issues of Discussion by Council: L. Removing the requirement for detail CUP approval does not eliminate the need to obtain approval of a certificate of zoning compliance and administrative design review application. c. Key Council Changes to Staff/Commission Recommendation i. one IH. PROPOSED MOTION Approval After considering all staff, applicant, and public testimony, I move to approve file number MDA -14- 005, as presented in staff report for the hearing date of April 22, 2014, with the following changes: (insert any changes here). I further move to direct Legal Department Staff to prepare a Development Agreement for this site that reflects the changes in the DA as noted in Exhibit A.2. Denial After considering all staff, applicant, and public testimony, I move to deny file number MDA -14-005, as presented during the hearing on April 22, 2014. (You should state why you are denying the request.) Continuance I move to continue file number MDA -14-005 to the hearing date of (insert continued hearing date here) for the following reason(s): (you should state specific reason(s) for continuance) Northpointe Commercial - MDA -14-005 Page 1 EXHIBIT A IV. APPLICATION AND PROPERTY FACTS A. Site Address/Location: The site is located on the northwest corner of W. McMillan Road and N. Linder Road in the southeast 1/a of Section 26, Township 4 North, Range 1 West. B. Applicant/Owner: Blacichawk/Meridian, LLC 3454 Stone Mountain Lane Star, ID 84092 CapEd 275.5. Stratford Drive Meridian, ID 83642 C. Applicant's Statement/Justification: Please see applicant's narrative for this information. V. PROCESS FACTS A. The subject application is a request for a development agreement modification. Per Meridian City Code, a public hearing is required before the City Council on this matter. B. Newspaper notifications published on: March 31, and April 14, 2014 C. Radius notices mailed to properties within 300 feet on: March 25, 2014 D. Applicant posted notice on site by: April 11, 2014 VI. LAND USE A. Existing Land Use(s): The subject property is vacant commercial property, zoned C -G. B. Character of Surrounding Area and Adjacent Land Use and Zoning: The subject property is located on a prominent corner and is surrounded by R-8 zoned residential development on the west and north. C. History of Previous Actions: In 2003, the property received annexation (AZ -03-013), preliminary plat (PP -03-014) and conditional use permit (CUP -03-028) for Kelly Creek Subdivision. The preliminary plat consisted of 214 residential lots, 10 office lots and 4 commercial lots and 15 common lots on 79.77 acres. In addition, the planned unit development (CUP) allowed a 20 percent use exception for office and commercial uses. A development agreement was also required upon annexation of the property recorded as instrument #103181095. A provision of the DA requires CUP approval prior to any development occurring on the site. In 2007, the property received final plat (FP -07-035) approval laiown as Kelly Creels Commercial Subdivision (recorded as Northpointe Commercial Subdivision). The final plat consists of four (4) commercial lots on 4.91 acres. ® In 2011, Lot 4, Block 1 of Northpointe Commercial Subdivision received conditional use permit (CUP -11-006) approval to develop a credit union with drive-through. In 2012, this lot was also further subdivided into two (2) commercial lots through a short plat (SHP-12-001). In 2013, a certificate of zoning compliance was issued for the construction of the credit union. Currently, the credit union is under construction and the applicant wishes to commence with site development to the west in conjunction with the credit union construction. Per the recorded DA, construction cannot commence until the property receives CUP approval. VII. STAFF ANALYSIS A. Analysis of Facts Leading to Staff Recommendation: Northpointe Commercial - MDA -14-005 Page 2 EXHIBIT A The applicant proposes an amendment to the existing development agreement (DA) (Instrument No. 103181095) approved with the Felly Creek Subdivision. At the time of the Kelly Creels approvals the City did not have a well-established design review process. Because there were no design standards in effect when this property was annexed, the recorded DA requires a CUP for the approval of the site and buildings to ensure a quality commercial development. Under today's regulations all commercial developments require design review approval which addresses site development and building architecture. Therefore, it is staff's opinion that the City has the necessary tools in place to adequately review development of the commercial property without the need for detailed CUP approval. It is important to note that all uses within the C -G district are allowed to development on the property. If the City Council approves the amendment to remove the requirement for detailed CUP approval, the applicant is still responsible to follow the process for establishing the use on the property in accord with the Chapter 2 District Regulations for the C -G district. Due to the fact that the credit union (under construction) has a drive through and the property is within 300 feet of a residential zoning district; any additional drive through uses on this site will require CUP approval. Based on the analysis above, staff recommends approval of the development agreement modification with the recommended modifications in Exhibit A.2. VIII. EXHIBITS A. Maps/Other 1. Vicinity/Zoning Map 2. Proposed Development Agreement Modifications Northpointe Commercial - MDA -14-005 Page 3 EXHIBIT A Exhibit A.l — Vicinity/Zoning Map Vicinity Map Legend Area of Impact Print Date: 4/15/2014 0.075 0.15 Miles The information shovm on this map is compiled from various sources and is sulryject to constant revision. The City of Meridian makes no warranty or guarantee as to the content, accuracy, timeliness, or completeness of any of the data provided, and assumes no legal responsibility for the information contained on this map. RUT RUT L�/�/rE IDFZ IAN;--- Northpointe Commercial - MDA -14-005 Page 4 EXHIBIT A Exhibit A.2 — Recommended Development Agreement Modifications 1. Omit Section 5. 2. Section 6: DA Provision #34 — The proposed office and ,.,,.„ri.ere ' area -s within the development shall be required to apply for a detailed conditional use permit for a planned development prior to submitting for building permits. Northpointe Commercial - MDA -14-005 Page 5 DATE: May • 2014 ITEM NUMBER: ERVAKARITIN Findings of Fact, Conclusions of Law for Approval: RZ 14-002 Reardon Subdivision by CS2, LLC Located Southwest Corner of W. Cherry Lane and N. Summertree Way Request: Rezone Approximately 2.20 Acres from the R-4 (Medium -Low Density Residential) Zoning District to the R-8 (Medium -Density Residential) Zoning District C IF Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS DATE: May • , 2014 ITEM NUMBER: 5U PROJECT NUMBER: '' 003 ITEM TITLE: REARDON SUBDIVISION Findings of Fact, Conclusions of Law for Approval: PP 14-003 Reardon Subdivision by CS2, LLC Located Southwest Corner of W. Cherry Lane and N. Summertree Way Request: Preliminary Plat Approval of Ten (10) Single Family Residential Lots and Four (4) Common/Other Lots on Approximately 1.96 Acres in a Proposed R-8 Zoning District MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER awlIDR IAN,-- �J In the Matter of the Request to Rezone 2.20 Acres of Land with the R-8 Zoning District; Preliminary Plat Consisting of 10 Residential Building Lots and 4 Common/Other Lots on 1.96 Acres of Land; and Vacate the Existing Private Drain Field Easement and Plat Note #6 of Hearthstone Subdivision, Located near the Southwest Corner of W. Cherry Lane and N. Summertree Way, by CS2, LLC. Case No(s). RZ-14-002; PP -14-003; and VAC -14-002 For the City Council Hearing Date of. April 22, 2014 (Findings on May 6, 2014) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of April 22, 2014, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of April 22, 2014, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of April 22, 2014, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of April 22, 2014, incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted April 19, 2011, Resolution No. 11-784 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A. 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). RZ-14-002; PP -14-003; & VAC -14-002 -1- 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning Division, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of April 22, 2014, incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11-5A and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's request for rezone is hereby approved with the requirement of a development agreement containing the provisions in Exhibit B of the Staff Report for the hearing date of April 22, 2014, attached as Exhibit A. 2. The applicant's request for preliminary plat and vacation is hereby approved per the conditions included in Exhibit B of the Staff Report for the hearing date of April 22, 2014, attached as Exhibit A. D. Notice of Applicable Time Limits Notice of Preliminary Plat Duration Please take notice that approval of a preliminary plat, combined preliminary and final plat, or short plat shall become null and void if the applicant fails to obtain the city engineer's signature on the final plat within two (2) years of the approval of the preliminary plat or the combined preliminary and final plat or short plat (UDC 11 -6B -7A). In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of two (2) years, may be considered for final approval without resubmission for preliminary plat approval (UDC 11 -6B -7B). Upon written request and filed by the applicant prior to the termination of the period in accord with 11 -6B -7.A, the Director may authorize a single extension of time to obtain the City Engineer's signature on the final plat not to exceed two (2) years. Additional time extensions up to two (2) years as determined and approved by the City Council may be granted. With all extensions, the Director or City Council may require the preliminary plat, combined preliminary and final plat or short plat to comply with the current provisions of Meridian City Code Title 11. If the above timetable is not met and the applicant does not receive a time extension, the property shall be required to go through the platting procedure again (UDC 11- 6B -7C). Notice of Two (2) Year Development Agreement Duration The development agreement shall be signed by the property owner and returned to the City within two (2) years of the City Council granting annexation and/or rezone (UDC 11 -5B -3D). CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). RZ-14-002; PP -14-003; & VAC -14-002 -2- A modification to the development agreement may be initiated prior to signature of the agreement by all parties and/or may be requested to extend the time allowed for the agreement to be signed and returned to the City if filed prior to the end of the two (2) year approval period (UDC 11-513-3F). E. Notice of Final Action and Right to Regulatory Takings Analysis 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, denial of a development application entitles the Owner to request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. 2. Please take notice that this is a final action of the governing body of the City of Meridian. When applicable and pursuant to Idaho Code § 67-6521, any affected person being a person who has an interest in real property which may be adversely affected by the final action of the governing board may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. F. Attached: Staff Report for the hearing date of April 22, 2014 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). RZ-14-002; PP -14-003; & VAC -14-002 -3- By action of the City Council at its regular meeting held on the 2014. COUNCIL PRESIDENT CHARLIE ROUNTREE COUNCIL VICE PRESIDENT KEITH BIRD COUNCIL MEMBER DAVID ZAREMBA COUNCIL MEMBER JOE BORTON COUNCIL MEMBER LUKE CAVENER COUNCIL MEMBER GENESIS MII,AM MAYOR TAMMY de WEERD (TIE BREAKER) Mayor Tammy de Weerd t� day of , VOTED " ° �„_.. VOTED . VOTED <' VOTED VOTED VOTED Copy served upon Applicant, The Planning Division, Public Works Department and City Attorney. -�px V,1) n �Y Dated: A, 1 J uCi Clgr City 01 SFJQ. v-• Ile 1p ,F9 � oftde YRF ASU0.� CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). RZ-14-002; PP -14-003; & VAC -14-002 -4- EXHIBIT A STAFF REPORT Hearing Date: April 22, 2014 TO: Mayor and City CouncilC�V, � FROM: Bill Parsons, Associate City Planner (208) 884-5533 Bruce Freckleton, Development Services Manager (208) 887-2211 SUBJECT: Reardon—RZ 14-002, PP -14-003 and VAC -14-002 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, CS2, LLC, has applied to rezone (RZ) 2.20 acres of land with an R-8 zoning district; preliminary plat (PP) ten (10) single-family residential lots and four (4) common lots on approximately 1.96 acres of land; and vacate the existing private drain field easement and associated plat note (#6) platted with the Hearthstone Subdivision. See Section 9 of the staff report for more information. Staff recommends approval of the proposed rezone, preliminary plat and vacation applications with the conditions listed in Exhibit B, based on the Findings of Fact and Conclusions of Law in Exhibit D. The Meridian Planning and Zoning: Commission heard these items on March 20, 2014. At the public hearing, the Commission moved to recommend approval of the subiect RZ and PP requests. a. Summary of Commission Public Hearing: i. In favor: Bob Unger ii. In opposition: None iii. Commenting: Margie Lane. Tammv Turpin. Sarah Curtright. Arleen Russell iv. Written testimony: Tammy Turpin v. Staff presenting application: Bill Parsons vi. Other staff commenting on application: None b. Key Issue(s) of Discussion by Commission: i. Cherry Lane access. c. Kev Commission Change(s) to Staff Recommendation: i. None d. Outstanding Issue(s) for City Council: i. None The Meridian City Council heard these items on April 22, 2014. At the public hearing, the Council approved the subject RZ, PP and VAC request. a Summary of City Councjl Public Hearin: L In favor: Bob Under ii. In opposition: Morna Campbell, Kendra Anderson, Arlene Russell, Beverly and Bill Ha e iii.Commenting: Margie Lane Written testimony: Tammy Turpin y. Staff presenting application: Bill Parsons Reardon RZ, PP & VAC PAGE 1 EXHIBIT A A Other staff commenting on application: None b. ICey Issues of Discussion by Council: L Cherry Lane access. ii. Orientation of Lots 6 and 7, Block 2. C. Ka Council Changes to Staff/Commission Recommendation L The City Council added a condition requiring Lots 6 and 7. Block 2 orient on W. Aspen Creek drive and future homes take access from W. Aspen Creek Drive, 3. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to approve Numbers RZ-14-002 PP -14-003 and VAC -14-002 as presented in staff report for the hearing date of April 22, 2014 with the following modifications: (Add any proposed modifications.) Denial After considering all staff, applicant and public testimony, I move to deny File Numbers RZ-14-002, PP -14-003 and VAC -14-002 as presented in staff report for the hearing date of April 22, 2014 for the following reasons: (You should state specific reasons for denial of the applications.) Continuance I move to continue File Numbers RZ-14-002, PP -14-003 and VAC -14-002 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance.) 4. APPLICATION AND PROPERTY FACTS a. Site Address/Location: (Parcel #R3531730020) The site is generally located near the southwest corner of W. Cherry Lane and N. Summertree Way in the NW 1/4 of Section 10, T.3N., R.1W. b. Applicant: CS2, LLC 8921 W. Hackamore Street Boise, ID 83703 c. Owner: DL Evans Bank 2560 E. Fairview Avenue Meridian, ID 83642 d. Representative: Bob Unger, ULC Management (861-5220) e. Applicant's Request: Please see applicant's narrative for this information. 5. PROCESS FACTS a. The subject applications are for a rezone, preliminary plat and vacation. A public hearing is required before the Planning and Zoning Commission and City Council on this matter, consistent with Meridian City Unified Development Code Title 11, Chapter 5. b. Newspaper notifications published on: February 17, and March 3, 2014 (Commission); March 31, and April 14, 2014 (Council) Reardon RZ, PP & VAC PAGE 2 EXHIBIT A c. Radius notices mailed to properties within 300 feet on: February 10, 2014 (Commission); March 25, 2014 (Council) d. Applicant posted notice on site by: March 10, 2014 (Commission); April 11, 2014 (Council) 6. LAND USE a. Existing Land Use(s): The subject site is vacant property developed with an existing private road that provides a Cherry Lane access to the Ada County parcel on the south boundary. b. Description of Character of Surrounding Area and Adjacent Land Uses and Zoning: The surrounding area is developed with County and City residences, zoned R1 and R2 in Ada County and R-4 and R-8 in the City. c. History of Previous Actions: ® In 2001, the property received annexation and combined preliminary/final plat approval (AZ - 01 -026 and PFP-01-009) to develop a residential subdivision (Hearthstone) consisting of two (2) residential lots on approximately 2.30 acres in the R-4 district. ® In 2007, the City approved a new preliminary plat (Moose Creels) (PP -07-006) consisting of six (6) residential lots and one (1) common lot on 1.96 acres. The preliminary plat has expired because the previous developer failed to obtain City approval of a time extension. ® In 2013, the Planning Division recommended approval of a rezone and preliminary plat application (Summertree) (RZ-13-014 and PP -13-035) however; the applicant withdrew the application prior to the Commission hearing. d. Utilities: 1. Public Works: Location of sewer: A sanitary sewer main intended to provide service to the subject property currently exists in N. Summertree Way. Location of water: A water main intended to provide service to the subject property currently exists in N. Summertree Way. Issues or concerns: None e. Physical Features: 1. Canals/Ditches Irrigation: No major facilities. 2. Hazards: Staff is not aware of any hazards that exist on the property. 3. Flood Plain: NA 4. Topography: NA 7. COMPREHENSIVE PLAN POLICIES AND GOALS The property is designated Medium Density Residential (MDR) on the Comprehensive Plan Future Land Use Map. This designation allows smaller lots for residential purposes within the city limits. The Comprehensive plan anticipates densities between 3 to 8 dwelling units per acre. The proposed preliminary plat depicts ten (10) single-family detached residential lots on 1.96 acres of land at a gross density of 5.10 dwelling units per acre consistent with the MDR designation. Concurrently, the applicant is requesting to rezone the property from the R-4 zoning district to the R-8 zoning district. The medium residential district (R-8) allows a maximum density of 8 Reardon RZ, PP & VAC PAGE 3 EXHIBIT A dwelling units to the acre which falls within the parameters of the MDR designation of the comprehensive plan. Staff finds the following Comprehensive Plan policies to be applicable to this property and the proposed development (staff analysis in italics below policy): ® "Support a variety of residential categories (low-, medium-, medium-high and high-density single-family, multi -family, townhouses, duplexes, apartments, condominiums, etc.) for the purpose of providing the City with a range of affordable housing opportunities." (3.07.01 E) The proposed nrediran density residential development tivill contribute to the variety of residential densities in this area of the City, which currently consists of a rnix of medium-lotit, and medium density residential developments. ® `Permit new development only where urban services can be reasonably provided at the time of final approval and development is contiguous to the City." (3.01.0117) The proposed development is annexed into the cio3 and services are available to be extended to the site upon det,eloprnent in accord with UDC 11-3A-21. Currently this property is encumbered by an existing private drain field easement for the benefit of Lot 1, Block I of Hearthstone Subdivision. The applicant has obtained consent front the homeowner on this lot to vacate the easement and once the vacation process is completed the applicant will be responsible for connecting the existing home to City services. ® "Support infill of vacant lots in substantially developed, single-family areas at densities similar to surrounding development." (3.07.02I) The subjectproperty is surrounded by properties developed at urban densities under the density of the proposed residential development. However, the proposed development will consist of single family detached homes consistent with the surrounding developments. Because the property is adjacent to several underdeveloped county properties, staff anticipates redevelopment of theses parcels in the future. i "Require street connections between subdivisions at regular intervals to enhance connectivity and better traffic flow."(3.03.03C) With the development of the subdivision, the applicant is proposing to construct a small segment of local street (W. Aspen Creek Drive) to serve the proposed development and stubs to the County parcel on the ii est boundary. Currently, the southern County parcel has access to Chevy Lane via a prescriptive access easement (private street) 1t�hich is shown to remain with the development of the subdivision. ACHD and City staff are recommending the access close with the development of the subdivision. The applicant is also proposing a 20 foot wide cross access easement across the comrrrorr lot on the north side of W. Aspen Creek Drive to facilitate local street access to the existing hoine. ® "Require new residential development to meet development standards regarding landscaping, signage, fences and walls, etc." (3.05.02C) The applicant is required to comply ti ,ith all UDC standards pertaining to landscaping, signage and fencing on the site. • "Require appropriate landscaping and buffers along transportation corridors (setbacks, vegetation, low walls, berms, etc.)." (3.06.02F) Reardon RZ, PP & VAC PAGE 4 EXHIBIT A A 25 foot wide street buffer is required adjacent to W. Cherry Lame in accord with the standards listed in UDC 11 -3B -7C. After considering all of these factors staff is of the opinion that the proposed development is generally consistent with comprehensive plan, 8. UNIFIED DEVELOPMENT CODE A. Purpose Statement of the Residential Districts (R-8): The purpose of the residential districts is to provide for a range of housing opportunities consistent with the Meridian Comprehensive Plan. Residential districts are distinguished by the allowable density of dwelling units per acre and corresponding housing types that can be accommodated within the density range. B. Schedule of Use Control: Unified Development Code (UDC) 11-2A-2 lists single family detached housing as a principally permitted use in the R-8 zoning district. C. Dimensional Standards: Development of the site shall comply with the dimensional standards listed in UDC I 1-2A-6 for the R-8 zoning district. D. Landscaping: A 25 -foot wide landscape buffer is required to comply with the design standards in accord with UDC 11 -3B -7C. E. Subdivision Design and Improvement Standards: The subdivision must comply with the subdivision design standards outlined in UDC 11-6C-3. F. Off -Street Parking: Off-street parking is required in accord with UDC Table 11-3C-6 for single- family dwellings. 9. ANALYSIS a. Analysis of Facts Leading to Staff Recommendation: Rezone (RZ): The applicant has applied to rezone 2.20 acres of land from the R-4 zone to the R- 8 zone to develop ten (10) single family detached homes. The rezone is desired to allow the applicant to construct patio homes within the dimensional standards of the R-8 zoning district. To ensure the site develops as proposed, staff recommends the applicant enter into a development agreement with the City. Preliminary Plat (PP): The proposed preliminary plat consists of ten (10) single family residential lots and four (4) common lots on approximately 1.96 acres of land in the R-8 zoning district. Lot sizes range between 5,189 and 6,051 square feet respectively. The average lot size within the proposed subdivision is 5,675 square feet. The proposed gross density of the subdivision is 5.10 dwelling units per acre which is consistent with both the density requirements of the comprehensive plan and the proposed R-8 zoning district, Dimensional Standards: Staff has reviewed the proposed plat for compliance with the applicable standards listed in UDC Table 11-2A-6 for the R-8 zoning district. The R-8 zone requires a minimum lot size of 5,000 square feet with 50 feet of street frontage. All of the proposed lots comply with the dimensional standards of the UDC. The submitted plat depicts two (2) access lots on the west boundary of the plat. As submitted, these lots are proposed to maintain the Cherry Lane access to the Ada County parcel to the south. Staff is supportive of the private driveway remaining on Lot 1, Block 2 for the benefit of the County parcel because it provides a local street access in accord with UDC 11-3A-3. Because this is a private driveway for the benefit of the southern property, staff recommends the applicant plat a 5 -foot wide common lot along the west boundary of Lot 2, Block 2 to prohibit access to the private driveway (UDC 11 -6C -3D5). This common lot must be maintained the subdivision homeowner's association. The applicant will have to coordinate with the property owner of the Reardon RZ, PP & VAC PAGE 5 EXHIBIT A southern Ada County parcel on the maintenance and ownership of Lot 1, Block 2. With the final plat application, the applicant must provide written documentation that identifies the responsible party for maintaining and owning the private driveway. The other access lot (Lot 2, Block 1) should be incorporated into the adjacent buildable lot (Lot 3, Block 1) and the 25 -foot wide landscape buffer extended to the west boundary of the property to prohibit access to Cherry Lane. Access: Access to this development is proposed from the extension of W. Aspen Creek Street via N. Summertree Way. Currently, the property is developed with a private street approved through the County for the purpose of providing access to the Ada County parcel to the south. UDC 1I - 3A -3 restricts access to arterial streets when local street access is being provided. ACRD and staff are recommending the access close with the development of the subdivision. As noted above, staff recommends the applicant remove Lot 2, Block 1 from the plat and incorporate this lot with the adjacent buildable lot (Lot 3, Block 1) to facilitate the closure of the Cherry Lane access. With the closure of the access, the applicant should be responsible for removing the existing roadway from the property and extending the 25 -foot wide landscape buffer to the west boundary of the subdivision. Further, the applicant will be responsible for coordinating with the property owner to the south on the relinquishment of the private road easement. With the submittal of the final plat application, the applicant must submit recorded documents verifying relinquishment of the private street easement. In discussions with ACHD staff, the applicant will also be responsible for providing a temporary turnaround at the terminus of the local street (W. Aspen Creek Drive) in accord with ACHD standards. With the modifications noted above, staff is supportive of the proposed street connectivity. Landscaping: A landscape plan was submitted with this application as shown in Exhibit A.3. A 25 -foot wide landscape buffer is required to be installed along the entire frontage of W. Cherry Lane in accord with UDC 11 -3B -7C. In addition to the landscape buffer, the applicant is also proposing a common lot (Lot 7, Block 1) along the north side of W. Aspen Creek Drive. This lot will be landscaped in accord with UDC 11 -3B -7C and will contain the pressurized irrigation pump. The landscape plan as submitted complies with the standards set forth in UDC 11 -3B -7C. As noted above, this lot will also contain the 20 -foot wide cross access easement to facilitate local street access to the adjacent northern property. The applicant must include a note on the final plat that states the property to north is beneficiary of the cross access easement. With the submittal of the final plat application, the applicant must submit a landscape prepared by a landscape architect, landscape designer or qualified nurseryman in accord with UDC 11 -3B -3C. Open Space and Site Amenities: Because this site is below 5 acres in size, the UDC (11-3G-3) does not require open space or site amenities to be provided. Existing Trees: The subject property contains numerous mature trees that will remain and /or will be removed with the development of the proposed subdivision. Per in UDC 11-3B-10, mitigation is required for all existing healthy trees 4 -inch caliper or greater that are removed from the site. With the submittal of the final plat the applicant should submit a revised landscape plan that details the mitigation plan outlined by the developer and the City Arborist. Fencing: The applicant has not proposed any fencing with the su8bject application. The proposed fencing complies with the City's fence regulations set forth in UDC 11-3A-7. Reardon RZ, PP & VAC PAGE 6 EXHIBIT A Pressure Irrigation: The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. The applicant should be required to utilize any existing surface or well water for the primary source. If a surface or well source is not available, a single - point connection to the culinary water system shall be required. If a single -point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. An underground, pressurized irrigation system should be installed to all landscape areas per the approved specifications and in accordance with UDC 11-3A-15 and MCC 9-1-28. Vacation: As mentioned above, this property received plat approval in 2001(Hearthstone Subdivision). At that time, City sewer was not available to serve the proposed development. The previous owner was allowed to use an existing well and septic system until City services were available. Because of the existing private system, the drain field for the existing home on the east boundary is located on the subject property. A note (#6) and a graphic depiction of the drain field easement are depicted on the face of the plat. The applicant has obtained consent from property owner granting the relinquishment of the private drain field easement. With the application submittal, the applicant supplied a signed agreement between the developer and the homeowner on the timing of the utility connections. With the termination of the private drain field, the applicant must connect the existing home on Lot 1, Block 1 of the Hearthstone Subdivision to City sewer and water prior to signature on the final plat. Building Elevations: The applicant has submitted sample elevations to depict the style of homes for the proposed subdivision. The proposed homes depict a mix of building materials (lap siding, and cedar shake siding) and stone/brick wainscot. Design features staff supports include varying roof forms, decorative trim and corbels, pop -outs, dormers and covered entries and front porches. Typically, single family homes are not required to obtain design review approval, however the Meridian Design Manual encourages similar building materials and mix of materials be incorporated into all sides of the fixture homes, specifically, for those facades that face a public street. The applicant should keep this in mind when designing homes adjacent to W. Cherry Lane (Lots 3, 5 and 6, Block 1). Future homes constructed within the subdivision must comply with the elevations attached in Exhibit A.4 below. Staff is of the opinion the future homes will complement the existing homes in the area and demonstrate high quality materials. Prior to the issuance of a building permit, Staff will review the home elevations adjacent to W. Cherry Lane as described above to ensure conformance with these design features. In summary, Staff recommends approval of the proposed rezone, preliminary plat and vacation with the recommended conditions listed in Exhibit B of this report in accord with the Findings contained in Exhibit D. 10. EXHIBITS A. Drawings 1. Vicinity Map 2. Proposed Preliminary Plat (dated: 03/10/14) REVISED) 3. Proposed Landscape Plan (dated: 01/23/14) 4. Proposed Building Elevations 5. Drain Field Easement Proposed to be Vacated B. Conditions of Approval 1. Planning Division 2. Public Works Department Reardon RZ, PP & VAC PAGE 7 EXHIBIT A 3. Fire Department 4. Police Department 5. Parks Department 6. Republic Services 7. Ada County Highway District C. Legal Description and Exhibit Map D. Required Findings from Unified Development Code Reardon RZ, PP & VAC PAGE 8 EXHIBIT A 2. Proposed Preliminary Plat (dated: 03/10/14) (REVISED) Reardon RZ, PP & VAC PAGE 9 W. CHERRY LANE ---------------- ------ --------- Rq'4 Vn I" w 97-1 -w PRELIMINARY PLAT SHWiING COMM ON/LANDSCAF-E I,OT 5,670 sf KAM u -`i REARDON SUBDIVISION vi IUn.Yu3 SL A RE-SURDIVIFACN OF LOT 2, RLK 1, W to, 0-00 P HEARTHSONE SUBDIVISION Mt CK 1 LOCATED IN SECTION 10, T.M., RAW, B.M. 2 ADA COUNTY, IDAHO 1 Ig 2014 4 6Y k NTA. AfcE1 r.99 AMS N A CL r, 04 1 rd UBMI �w 4 MM SKI= FAULY UMJA�, PI (D wu 5.16 10111 (PLN ACFti R-4 Z".G SINCLE FO)OILY RES. R-2 7wr H5 37'13` E 3f. n 6.1 .0'- "23 Sf i--- . , - .iRtT1 — --------- W—A,�P CREEK KIVL __-__-----_ — - — -- -- — - — - — - — - — - — -- -- - -- 01 02 12� MOCK 2 6 3 4 M-5,653 sf I ul 16 T-5 , 65 3 2 _ 'n 'r 7 7 j8 C"i 5,189 Sf z �MU rA41L1 RES. RA Z011E 6104 K. M Wri DOLE, DARO, 63714 CS2 LLC - ' �M_vt"M REARDON SUBDIVISION 1 — PREUMINARY PLAT ;06-W-5220 Reardon RZ, PP & VAC PAGE 9 EXHIBIT A 3. Proposed Landscape Plan (dated: 0 1/23/14) W, CHERRY LANE MIASTER PLAN SHO,miNIG 1-1-1.1, .......... ..................... u 'rM?" 91TV REARDON SUBDIVISION BL . . ........ .......... A RE -SUBDIVISION OF LOT 2 RLK iL ..................................... gx HEARTHSONE SUSDIVIS16N j BLOCK I LOCATED 6V SECTION 10, T.M., R.11N.. 11 ==VDff.1Vtt Atl± a =11V - I— Inas ADA COUNTY, DAHO Ii i I> — ----- -- --- 201,1 ��,NFILLD FA%ETfi-1jT R 10- 1 TO ti1V1NFiE1J A.—__.- .... . ........ ylEP1,C;, L------ SIc4r rAuil,y 1.95 AalGS ----------- MLY L015.., -4 A L- __ . ..... .. .... . ... .. . -------- tEI,11�1 (D Tom sixir rAvAy mjst� w l,;ospc T TG11L V` m AC,E5 idJ 1101. N G Ily L1,E, 01,11 1-4 I KEARDON, SUBDINNON --- U"114 FM11LY �ES. Nx.r .T u 'rM?" 91TV BL CK 2 W. ASPENCREEK DRIVE ' viiia itc4 6 d FR �IT 20' 15' swal m 15! -------------- **--"- — ---- 11111_1121RAAI,Y LS. ** -PLAtl Reardon RZ, PP & VAC PAGE 10 'rM?" 91TV BL CK 2 gx 11 ==VDff.1Vtt Atl± a =11V - I— Inas nrevw L------ ----------- -------- tEI,11�1 SVlr;U rAMU �,'U T idJ 1101. N G Ily L1,E, 01,11 1-4 I KEARDON, SUBDINNON --- ' viiia itc4 6 d FR �IT 20' 15' swal m 15! -------------- **--"- — ---- 11111_1121RAAI,Y LS. ** -PLAtl Reardon RZ, PP & VAC PAGE 10 EXHIBIT A 4. Building Elevations Reardon RZ, PP & VAC PAGE 11 EXHIBIT A Reardon RZ, PP & VAC PAGE 12 EXHIBIT A 5. Drain Field Easement Proposed to be Vacated PLAT SHOPPING RjMjAjtW Me LOCATEO IN THE NE 1/4 OF THE NW 1/4 OF SECTION 10, T.3N., R,1W., B.M., MERIDIAN, ADA COUNTY, IDAHO 2003 • HUBBLE ENGINEERING, INC. o MERIDIAN, IDAHO � _._Ls. I i BLGYSY 7 � in VVPt/,MO j ROS \0. 4611 J 1 ROS AQ 3513 i Eo do 6 60'3)nx' E IMAI' M UV"TIM l R03 NO. 3544 1 1 I � I I 1 IC 1�1 1 I etr 4 1'"'� Kixww . 1nsr+�Ho. t�o.ss:ro I Alp WEST +" CHERRY LANE BASIS F < � OF EEAMNO 5 sr♦7xs:c S:tsnY _ _ 0 10 5ggib 1l l Si. ki 61M060] u y ;14 4 N �9'41'ot• w �34.58 4 a I d bl ?< � _._Ls. I i BLGYSY 7 � in VVPt/,MO j ROS \0. 4611 J 1 ROS AQ 3513 i Eo do 6 60'3)nx' E IMAI' M UV"TIM l R03 NO. 3544 1 1 I � I I 1 IC 1�1 1 I I I 1'"'� Kixww . 1nsr+�Ho. t�o.ss:ro I I 1 I I I L--_______________________-.__—__ 5 r93bW—E RI S4 1 y 1 I -- sew I ut�urrEa ROS lm. 4a>o �b3 X c or,r ro — —1m SCALEt 1' - 40' 6 mew cuss tM p sc1 /6' . 3v uat rx rss +bs1 ° a+6A tar, Rs ust A ctiasrc0 lstis 10111,1 Ofor suOca NOTES u � rnwen.raw°vera ruw_iv°.r"'`ivi�• w,. NF w.uwr xw.c+lan.=c.s n n r.:r,a"ii uiwr't..a°'+> e' xfe.�.r.� s`a cxc rsta s1-ses m Y wrV,ar ! rssa tmrc i, i .cri tmrz rt rat i! - r'«.?s�o f kwu cxpxr �} aa.'mi vvxno=s u wa .ara.'v�r` w `v+t U tW1ut10aRi'IxIt Y+4VN4� I—M.r,F YMf+,. rav 1. i. l:4 Wt�.trih. NH t`%ur MAI'%Ri xeq.NtO retw ti MaP 1meV »1 rJ4aX%t YtL ro $ IA! MxA'it AG ht i:sfA., le'nw iliwwtot ni dkvxnu ,cry x o 1.x 6.+ s ¢ Feu �» carrel nv,,•"v+•�s row sx�, iw �r xrnn ss;rt 01-202-00 ' SHEET 1 OF 2 Reardon RZ, PP & VAC PAGE 13 EXHIBIT A B. Conditions of Approval 1. PLANNING DIVISION 1.1 Rezone 1.1.1 A Development Agreement (DA) is required as a provision of the rezone of this property. Prior to the rezone ordinance approval, a DA shall be entered into between the City of Meridian, the property owner(s) at the time of rezone ordinance adoption, and the developer. A final plat application will not be accepted until the DA is recorded. The applicant shall contact the City Attorney's Office to initiate this process. The DA shall be signed by the property owner and returned to the city within two (2) years of the City Council granting the rezone. Currently, a fee of $303.00 shall be paid by the applicant to the City Clerk's office prior to commencement of the DA. The DA shall, at minimum, incorporate the following provisions: a. Future homes constructed on this site shall substantially comply with the building elevations in Exhibit A. A mix of materials and architectural details as represented in the attached elevations shall be incorporated on the rear facades that face W. Chevy Lane (Lots 3-6, Block 1). b. A maximum often (10) single family detached homes shall be constructed on the site. 1.2 1.2.1 c. Access is prohibited to W. Cherry Lane in accord with UDC 11-3A-3. Prior to City Engineer's signature on a final plat, the applicant shall remove the existing roadway (extending from the far edge of the dedicated right-of-way to Cherry Lane), the driveway approach and extend the 25 -foot wide landscape buffer to the west boundary. d. The applicant shall maintain a driveway access to parcel # S 121021253 0 through Lot 1, Block 2. With the submittal of the final plat application the applicant shall provide the following: recorded documentation verifying the relinquishment of the 30 -foot wide private road easement and; 2. recorded documentation that identifies the responsible party for the maintenance and ownership of the private driveway on Lot 1, Block 2. Preliminary Plat - Site Specific Conditions of Approval The preliminary plat, dated 01/23/14, shall be revised as follows: Provide a 5 -foot wide common lot along the west boundary of the Lot 2, Block 2 to prohibit access to the existing private driveway. Include a note on the final plat that states Lot 1, Block 2 is a non -buildable lot for the benefit of ingress/egress for parcel #S1210212530. With the submittal of the final plat application, the applicant shall provide recorded documentation that identifies the responsible party for the maintenance and ownership of the private driveway on Lot 1, Block 2. b. Provide a stub street to Parcel #S1210212720 as proposed. The applicant shall construct a temporary turnaround at the terminus of the local street (W. Aspen Creek Drive) in accord with ACRD standards. d. A cross-access/ingress-egress easement shall be granted to the property to the north (parcel #R3531730010) through Lot 7, Block 1 as proposed. A recorded copy of the easement shall be submitted with the final plat application or a note added to the face of the plat that Reardon RZ, PP & VAC PAGE 14 EXHIBIT A references the recorded cross access agreement. e. At the time of final plat submittal, the applicant shall orient Lots 6 and 7. Block 2 on W. Aspen Creek Drive. The future homes constructed on these lots shall access from W. Aspen Creek Drive. 1.2.2 The landscape plan, dated 01/23/14 shall be revised as follows: a. All fencing shall be installed in accordance with UDC 11-3A-7. Submit a detailed fence plan with the final plat application. b. Construct a 25 -foot wide landscape buffer along the entire frontage of W. Cherry Lane. c. Construct Common Lot 7, Block 1 as proposed. d. Per UDC 11-3B-10, the applicant shall work with the City Arborist, Elroy Huff, on designing, adopting, and implementing a protection and mitigation plan for the existing trees on site. With the submittal of the final plat the applicant shall submit a revised landscape plan that details the mitigation plan outlined by the developer and the City Arborist. e. Upon installation of the landscaping and prior to inspection by Planning Division staff, the applicant shall provide a written certificate of completion as set forth in UDC 11 -3B -14A. f. All common open space shall be maintained by a home owner's association as set forth in UDC 11 -3G -3F1. 1.2.3 With the submittal of a final plat application, the applicant shall provide recorded documentation verifying the relinquishment of the 30 -foot wide private road easement. 1.2.4 Prior to the issuance of a building permit, the applicant shall record a final plat. 1.2.5 Future homes constructed within the subdivision must comply with the submitted elevations attached in Exhibit A.4. A mix of materials and architectural details as represented in the attached elevations shall be incorporated on the side and rear facades that face W. Chevy Lane (Lots 3-6, Block 1). The future building restriction form shall note compliance with the approved building elevations. 1.2.6 With the termination of the private drain field, the applicant shall connect the existing home on Lot 1, Block 1 of the Hearthstone Subdivision to City sewer and water prior to signature on the final plat. 1.2.7 Comply with all ACHD conditions of approval. 1.3 General Conditions of Approval 1.3.1 Comply with all bulk, use, and development standards of the R-8 zoning district listed in UDC Chapter 2 District regulations. 1.3.2 Provide a pressurized irrigation system consistent with the standards as set forth in UDC 11-3A- 15, UDC 11-3B-6 and MCC 9-1-28. 1.3.3 Comply with the sidewalk standards as set forth in UDC 11-3A-17. 1.3.4 Install all utilities consistent with the standards as set forth in UDC 11-3A-21 and 11 -3B -5J. 1.3.5 Comply with all subdivision design and improvement standards as set forth in UDC 11-6C-3, including but not limited to driveways, common driveways, easements, blocks and mailbox placement. Reardon RZ, PP & VAC PAGE 15 EXHIBIT A 1.3.6 Construct all off-street parking areas consistent with the standards as set forth in UDC 11-3C-6 for single-family dwellings. 1.3.7 The applicant has a continuing obligation to comply with the outdoor lighting provisions as set forth in UDC 11-3A-11. 1.3.8 Comply with the provisions for irrigation ditches, laterals, canals and/or drainage courses, as set forth in UDC 11-3A-6. 1.4 Process Conditions of Approval 1.4.1 No signs are approved with this application. Prior to installing any signs on the property, the applicant shall submit a sign permit application consistent with the standards in UDC Chapter 3 Article D and receive approval for such signs. 1.4.2 The final plat, and any phase thereof, shall substantially comply with the approved preliminary plat as set forth in UDC 11-6B-3 C2. 1.4.3 The preliminary plat approval shall be null and void if the applicant fails to either 1) obtain the City Engineer signature on a final plat within two years, or 2) gain approval of a time extension as set forth in UDC 11-613-7. 1.4.4 The project is subject to all current City of Meridian ordinances and previous conditions of approval associated with this site (AZ -01-026 and PFP-01-009). Staff failure to cite any specific ordinance provisions does not relieve the applicant from responsibility of compliance. 1.4.5 The applicant and/or assigns shall have the continuing obligation to provide irrigation that meets the standards as set forth in UDC 11-3B-6 and to install and maintain all landscaping as set forth in UDC 11-313-5, UDC 11-313-13 and UDC 11-313-14. 2. PUBLIC WORKS DEPARTMENT 2.1 General Conditions of Approval 2.1.1 Applicant shall coordinate water and sewer main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service outside of a public right-of-way. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub -grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2.1.2 Per Meridian City Code, the applicant shall be responsible to install sewer and water mains to and through this development. 2.1.3 The applicant shall provide easement(s) for all public water/sewer mains outside of public right of way (include all water services and hydrants). The easement widths shall be 20 -feet wide for a single utility, or 30 -feet wide for two. The easements shall not be dedicated via the plat, but rather dedicated outside the plat process using the City of Meridian's standard forms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement (on the form available from Public Works), a legal description prepared by an Idaho Licensed Professional Land Surveyor, which must include the area of the easement (marked EXHIBIT A) and an 81/2" x 11" map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. 2.1.4 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 12-13-8.3). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single -point Reardon RZ, PP & VAC PAGE 16 EXHIBIT A connection to the culinary water system shall be required. If a single -point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to prior to receiving development plan approval. 2.1.5 All existing structures that are required to be removed shall be prior to signature on the final plat by the City Engineer. 2.1.6 All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per UDC 11-3A-6. Plans shall be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or non -approval submitted to the Public Works Department. If lateral users association approval can't be obtained, alternate plans shall be reviewed and approved by the Meridian City Engineer prior to final plat signature. 2.1.7 Any existing domestic well system within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9 4 8 contact the City of Meridian Engineering Department at (208)898-5500 for inspections of disconnection of services. Wells may be used for non-domestic purposes such as landscape irrigation if approved by Idaho Department of Water Resources Contact Robert B. Whitney at (208)334-2190. 2.1.8 Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 8. Contact Cental District Health for abandonment procedures and inspections (208)375-5211. 2.1.9 Street signs are to be in place, sanitary sewer and water system shall be approved and activated, fencing installed, drainage lots constructed, road base approved by the Ada County Highway District and the Final Plat for this subdivision shall be recorded, prior to applying for building permits. 2.1.10 A letter of credit or cash surety in the amount of 110% will be required for all uncompleted fencing, landscaping, amenities, etc., prior to signature on the final plat. 2.1.11 All development improvements, including but not limited to sewer and water, fencing, micro - paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy. 2.1.12 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to the issuance of a plan approval letter. 2.1.13 It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 2.1.14 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.1.15 Developer shall coordinate mailbox locations with the Meridian Post Office. 2.1.16 All grading of the site shall be performed in conformance with MCC 11-12-3H. 2.1.17 Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 2.1.18 The engineer shall be required to certify that the street centerline elevations are set a minimum of 3 -feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1 -foot above. 2.1.19 The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district Reardon RZ, PP & VAC PAGE 17 EXHIBIT A or ACHD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. 2.1.20 At the completion of the project, the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 2.1.21 100 Watt and 250 Watt, high-pressure sodium street lights shall be required on all public roadways per the City of Meridian Improvement Standards for Street Lighting. All street lights shall be installed at developer's expense. Final design shall be submitted as part of the development plan set for approval, which must include the location of any existing street lights. Street lighting is required at intersections, corners, cul-de-sacs, and at a spacing that does not exceed that outlined in the Standards. The contractor's work and materials shall conform to the ISPWC and the City of Meridian Supplemental Specifications to the ISPWC. 2.1.22 The City of Meridian requires that the owner post to the City a performance surety in the amount of 125% of the total construction cost for all incomplete sewer, water and reuse infrastructure prior to final plat signature. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Please contact Land Development Service for more information at 887-2211. 2.1.23 The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20% of the total construction cost for all completed sewer, water and reuse infrastructure for duration of two years. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Please contact Land Development Set -vice for more information at 887-2211. 3. FIRE DEPARTMENT 3.1 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 /z" outlet face the main street or parking lot aisle. b. The Fire hydrant shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works specifications. d. Fire Hydrants shall be placed on corners when spacing permits. e. Fire hydrants shall not have any vertical obstructions to outlets within 10'. f. Fire hydrants shall be place 18" above finish grade. g. Fire hydrants shall be provided to meet the requirements of the IFC Section 509.5. It. Show all proposed or existing hydrants for all new construction or additions to existing buildings within 1,000 feet of the project. 3.2 Provide signage ("No Parking Fire Lane") for all fire lanes in accordance with International Fire Code Sections 503.4 & D103.6. 3.3 All entrance and internal roads and alleys shall have a turning radius of 28' inside and 48' outside radius. 3.4 Operational fire hydrants, temporary or permanent sheet signs, and access roads with an all weather surface are required to be installed before combustible construction material is brought onto the site, as set forth in International Fire Code Section (IFC) 501.4 and Meridian amendment to IFC 10-4-2J. 3.5 The roadways shall be built to Ada County Highway District cross section standards and have a clear driving surface. Streets less than 26' in width shall have no on -street parking; streets less than 32' in width shall have parking only on one side. These measurements shall be based on the drivable surface dimension exclusive of shoulders. The overhead clearance shall be a minimum of Reardon RZ, PP & VAC PAGE 18 EXHIBIT A 13' 6". The roadway shall be able to accommodate an imposed load of 75,000 GVW as set forth in International Fire Code Section 503.2.1. and D103.6.1 and D103.6.2. 3.6 Ensure that all yet undeveloped parcels are maintained free of combustible vegetation as set forth in International Fire Code Section 304.1.2, 3.7 Fire lanes, streets and structures including the canopy height of mature trees shall have a vertical clearance of 13'6" as set forth in International Fire Code Section 503.2.1. 3.8 The applicant shall work with Public Works and Planning Department staff to provide an address identification plan and a sign which meets the requirements of the City of Meridian sign ordinance and is placed in a position that is plainly legible and visible from the street or road fronting the property, as set forth in International Fire Code Section 505.1. 4. POLICE DEPARTMENT 4.1 The Police Department has no comments related to this application. 5. PARKS DEPARTMENT 5.1 The applicant shall comply with the tree mitigation standards set forth in UDC 11-313-10. 6. REPUBLIC SERVICES 6.1 Republic Services has no comments related to this application. 7. ADA COUNTY HIGHWAY DISTRICT 7.1 SITE SPECIFIC CONDITIONS 7.1 Vacate the private road/access easement prior to plans acceptance or signature on the first final plat. 7.2 Close the existing driveway onto Cherry Lane (private road/access easement) with vertical curb. gutter, and 7 -foot wide attached concrete sidewalks to match the existing improvements on either side. 7.3 Correct deficiencies and replace deteriorated facilities on Cherry Lane abutting the site. These include sidewalk, curb, gutter, driveways, pedestrian ramps, etc. 7.4 Construct a 5 -foot wide attached concrete sidewalk on Summertree Way abutting the site, as proposed. 7.5 Construct pedestrian ramps to be ADA compliant at the intersection of Summertree Way and Aspencreek Drive abutting the site on both sides. 7.6 Construct Aspencreek Drive as a 34 -foot street sections with vertical curb, gutter and 5 -foot wide attached sidewalks within 44 -feet of right-of-way. Obtain written fire department approval for the proposed reduced local street section. 7.7 Construct a cul-de-sac turnaround at the terminus of Aspencreek Drive, as proposed. The cul-de- sac must have a minimum radius of 45 -feet. 7.8 Install a sign at the terminus of the stub street. Apsencreek Drive. stating "THIS ROAD WILL BE EXTENDED IN THE FUTURE". 7.9 Construct one driveway onto the 58.30 -foot wide driveway onto the cul-de-sac turnaround at the terminus of Aspencreek Drive, as proposed. Pave the driveway its full width at least 30 -feet into the site beyond the edge of pavement of Aspencreek Drive. 7.10 Direct lot access is prohibited to Cherry Lane and shall be noted on the final plat. Reardon RZ, PP & VAC PAGE 19 EXHIBIT A 7.11 Payment of impacts fees are due prior to issuance of a building permit. 7.12 Comply with all Standard Conditions of Approval. 7.2 STANDARD CONDITIONS OF APPROVAL 7.2.1 Any existing iiligation facilities shall be relocated outside of the right-of-way. 7.2.2 Private sewer or water systems are prohibited from being located within any ACRD roadwa�or right-of-way. 7.2.3 All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 7.2.4 Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 7.2.5 A license agreement and compliance with the District's Tree Planter policy is required for all landscaping proposed within ACHD right-of-way or easement areas. 7.2.6 Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details. 7.2.7 All design and construction shall be in accordance with the Ada Countv Highwav District Polic Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 7.2.8 hi accordance with District policy, 7203.6, the applicant may be required to update any existing non-compliant pedestrian improvements abutting the site to meet current Americans with Disabilities Act (ADA) requirements. The applicant's engineer should provide documentation of ADA compliance to District Development Review staff for review. 7.2.9 Construction. use and DroDerty development shall be in conformance with all aDDlicable requirements of the Ada County Highway District prior to District approval for occupancy. 7.2.10 It is the responsibility of the applicant to verify all existing utilities within the right-of-way. The applicant at no cost to ACRD shall repair existing utilities damaged by the applicant. The aDDlicant shall be required to call DIGLINE (1-811-342-1585) at least two frill business days prior to breaking ground within ACRD right-of-way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACRD conduits (mare or filled) are compromised during any phase of construction. 7.2.11 No change in the terms and conditions of this approval shall be valid unless they are in vv�iting 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 fi•om the Ada County Highway District. 7.2.12 If the site plan or use should change in the future, ACHD Planning Review will review the site plan and may require additional improvements to the transportation system at that time. Any change b t�pplicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with ACED Policy and Standard conditions of approval in place at the time unless a waiver/variance of said requirements or other legal relief is granted by the ACHD Commission. Reardon RZ, PP & VAC PAGE 20 C. Legal Description and Exhibit Map EXHIBIT A DESCRIPTION FOR PROPOSED REARDON SUBDIVISION REZONE February 18, 2014 A PARCEL OF LAND BEING LOT 2, BLOCK 1, HEARTHSTONE SUBDIVISION AS RECORDED IN BOOK 86, PAGE 9650, ADA COUNTY RECORDERS AND A PORTION OF THE ADJACENT RIGHT OF WAY OF WEST CHERRY LANE, LOCATED IN THE NE Y OF THE NW Y IN SECTION 10, TOWNSHIP 3 NORTH, RANGE 1 WEST OF THE BOISE MERIDIAN, MERIDIAN, ADA COUNTY IDAHO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SECTION 10, T.3 N., R.1 W., B.M.; THENCE S 89°40'23"E 1651.05 FEETALONG THE NORTH LINE OF SAID SECTION 10 TO THE INTERSECTION OF SAID NORTH LINE AND THE WEST LINE OF HEARTHSTONE SUBDIVISION EXTENDED, THE REAL POINT OF BEGINNING OF THIS DESCRIPTION; THENCE S 89°40'23" E 228AS FEET ALONG THE SAID NORTH LINE TO A POINT; THENCE S 01°06'06" W 148.39 FEET ALONG THE BOUNDARY OF LOT 2, BLOCK 1, HEARTHSTONE SUBDIVISION EXTENDEDTO A POINT, ALONG THE BOUNDARY OF SAID LOT 2 THE FOLLOWING; THENCE S 03°5846" E 30.50 FEET TO A POINT; THENCE S 89°37'13" E 106.31 FEET TO A POINT; THENCE S 00°15'53" W 165.92 FEET TO THE SOUTHEAST CORNER OF SAID LOT 2; THENCE N 89°36'30 W 332.64 FEET TO THE SOUTHWEST CORNER OF SAID LOT 2; THENCE N 00°06'09" W 344.44 FEET ALONG THE WEST LINE OF SAID LOT 2, BLOCK 1 EXTENDED TO THE REAL POINT OF BEGINNING OFTHIS DESCRIPTION, CONTAINING 2.20 ACRES, MORE OR LESS, Reardon RZ, PP & VAC PAGE 20 NOTES 1. ALL BEARINGS AND DISTANCES ARE CALCULATED PER PLAT OF HEARTHSTONE SUBDIVISION RECORDED IN BIC 86 PG. 9650 ADA COUNTY RECORDERS. 2. EXISTING ZONE R-4, PROPOSED R-8. EXHIBIT A EXHIBIT M f LEGEND A MEASUREMENT POINT — — — — REZONE BOUNDARY 10 00 SUBDIVISION BOUNDARY — — — — -- — EASEMENT LINE; R.p.0.8. WEST CHERRY LANE � i/4 ® �ng�a 8. 108.45' 10 1861,05 S 89'41'01° E 33486' 8iS9.13' ® 227•Si'�m .n 107ff I � i 0 io I o I LOT 9� I NOT A PART ( N 106,31' y ow ( BLOCK 1 s OW37'13" E a � o z I REZONE AREA ®I 2.2.0 ACRES LA16 � � 6 332,04' N 89'3830' t9 UNPLAYTED Reardon RZ, PP & VAC PAGE 21 EXHIBIT A D. Required Findings from Unified Development Code 1. Rezone Findings: Upon recommendation from the Commission, the Council shall make a full investigation and shall, at the public hearing, review the application. In order to grant an annexation, the Council shall make the following findings: a. The map amendment complies with the applicable provisions of the Comprehensive Plan; The applicant is proposing to rezone 2.20 acres to the R-8 zoning district. The Council finds that the proposed map amendment is generally consistent with the NIDR designation for this property. Therefore, the Council finds the amendment is consistent with the applicable provisions of the Comprehensive Plan (see section VII above). b. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; The Council finds that the proposed map amendment to the R-8 zoning district is consistent with the purpose statements for residential districts as detailed in Section VIII above. c. The map amendment shall not be materially detrimental to the public health, safety, and welfare; The Council finds that the proposed zoning amendment will not be detrimental to the public health, safety, or welfare. City utilities will be extended at the expense of the applicant. The Council considered all oral and written testimony that was provided to determine this finding. d. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the City including, but not limited to, school districts; and, The Council finds that the proposed zoning amendment will not result in any adverse impact upon the delivery of services by any political subdivision providing services to this site. e. The annexation is in the best of interest of the City (1TDC 11-513-3.E). The Council finds rezoning this property with an R-8 zoning district is in the best interest of the City if the applicant enters into a development agreement. 2. Preliminary Plat Findings: In consideration of a preliminary plat, combined preliminary and final plat, or short plat, the decision-making body shall make the following findings: A. The plat is in conformance with the Comprehensive Plan; The Council finds that the proposed plat are in general conformance with the comprehensive plan (please see Section 8 of the Staff Report for detailed analysis of specific comprehensive plan action items that apply to this development). B. Public services are available or can be made available and are adequate to accommodate the proposed development; The Council finds that services can be made available to accommodate the proposed development. C. The plat is in conformance with scheduled public improvements in accord with the City's capital improvement program; Reardon RZ, PP & VAC PAGE 22 EXHIBIT A Because the developer is installing sewer, water, and utilities for the development at their cost, the Council finds that the subdivisions will not require the expenditure of capital improvement funds. D. There is public financial capability of supporting services for the proposed development; The Council relied upon comments from the public service providers (i.e., police, fire, ACRD, etc.) to determine this finding. E. The development will not be detrimental to the public health, safety or general welfare; and The Council is not aware of any health, safety or environmental problems associated with the development of this subdivision. ACRD considers road safety issues in their analysis. The Council considered all the facts, analysis and any public testimony presented to determine whether or not the proposed subdivision may cause health, safety or environmental problems. F. The development preserves significant natural, scenic or historic features. The Council is unaware of any natural, scenic or historic features on this site. Therefore, the Council finds that the proposed development will not result in the destruction, loss or damage of any natural, scenic or historic feature(s) of major importance. The Council may consider any public testimony that may be presented to determine whether or not the proposed development may destroy or damage a natural or scenic feature(s) of major importance. Reardon RZ, PP & VAC PAGE 23 A 9 =MAIM• 1 • • r Findings of Fact, Conclusions of Law for Approval: AZ 14-004 Amberwave Subdivision by The Land Group, Inc. Located Southwest Corner of W. McMillan Road and N. Meridian Road Request: Annexation of Approximately 5.56 Acres from RUT in Ada County to the R-15 (Medium High Density Residential) Zoning District MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS D • 2014 ITEM NUMBER: !'' .� F:V.MWMEA /I Findings of Fact, Conclusions of Law for Approval: PP 14-002 Amberwave Subdivision by The Land Group, Inc. Located Southwest Corner of W. McMillan Road and N. Meridian Road Request: Preliminary Plat Approval of Twenty -Seven (27) Single Family Residential Lots and Three (3) Common Lots on Approximately 4.70 Acres in the Proposed R-15 Zoning District MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER EIDIAN,�-,=- In the Matter of the Request for Annexation and Zoning of 5.56 Acres of Land with the R-15 Zoning District and Preliminary Plat Consisting of 27 Residential Building Lots and 3 Common/Other Lots on 4.70 Acres of Land, Located on the Southwest Corner of W. McMillan Road and N. Meridian Road, by The Land Group Inc. Case No(s). AZ -14-004; PP -14-002 For the City Council Hearing Date of. April 22, 2014 (Findings on May 6, 2014) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of April 22, 2014, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of April 22, 2014, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of April 22, 2014, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of April 22, 2014, incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted April 19, 2011, Resolution No. 11-784 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A. 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -14-004; PP -14-002 -I- 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning Division, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of April 22, 2014, incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11-5A and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's request for annexation and zoning is hereby approved with the requirement of a development agreement containing the provisions in Exhibit B of the Staff Report for the hearing date of April 22, 2014, attached as Exhibit A. 2. The applicant's request for preliminary plat is hereby approved per the conditions included in Exhibit B of the Staff Report for the hearing date of April 22, 2014, attached as Exhibit A. D. Notice of Applicable Time Limits Notice of Preliminary Plat Duration Please take notice that approval of a preliminary plat, combined preliminary and final plat, or short plat shall become null and void if the applicant fails to obtain the city engineer's signature on the final plat within two (2) years of the approval of the preliminary plat or the combined preliminary and final plat or short plat (UDC 11 -6B -7A). hi the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of two (2) years, may be considered for final approval without resubmission for preliminary plat approval (UDC 11-613-7B). Upon written request and filed by the applicant prior to the termination of the period in accord with 11 -6B -7.A, the Director may authorize a single extension of time to obtain the City Engineer's signature on the final plat not to exceed two (2) years. Additional time extensions up to two (2) years as determined and approved by the City Council may be granted. With all extensions, the Director or City Council may require the preliminary plat, combined preliminary and final plat or short plat to comply with the current provisions of Meridian City Code Title 11. If the above timetable is not met and the applicant does not receive a time extension, the property shall be required to go through the platting procedure again (UDC 11- 6B -7C). Notice of Two (2) Year Development Agreement Duration The development agreement shall be signed by the property owner and returned to the City within two (2) years of the City Council granting annexation and/or rezone (UDC 11 -5B -3D). A modification to the development agreement may be initiated prior to signature of the CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -14-004; PP -14-002 -2- agreement by all parties and/or may be requested to extend the time allowed for the agreement to be signed and returned to the City if filed prior to the end of the two (2) year approval period (UDC 11-513-317). E. Notice of Final Action and Right to Regulatory Takings Analysis 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, denial of a development application entitles the Owner to request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. 2. Please take notice that this is a final action of the governing body of the City of Meridian. When applicable and pursuant to Idaho Code § 67-6521, any affected person being a person who has an interest in real property which may be adversely affected by the final action of the governing board may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. F. Attached: Staff Report for the hearing date of April 22, 2014 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -14-004; PP -14-002 -3- By action of the City Council at its regular meeting held on the day of , 2014. COUNCIL PRESIDENT CHARLIE ROUNTREE COUNCIL VICE PRESIDENT KEITH BIRD COUNCIL MEMBER DAVID ZAREMBA COUNCIL MEMBER JOE BORTON COUNCIL MEMBER LUKE CAVENER COUNCIL MEMBER GENESIS MILAM MAYOR TAMMY de WEERD (TIE BREAKER) Mayor Tam lryyce Weerd VOTED [Ah' 44 , _ VOTED m-' VOTED t VOTED_. x VOTED, VOTED VOTED -- Copy served upon Applicant, The Planning Division, Public Works Department and City Attorney. t �, Dated: �.. Qo Do I ` C Cle�l ffice CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -14-004; PP -14-002 -4- EXHIBIT A STAFF REPORT Hearing Date: April 22, 2014 TO: Mayor and City CouncilC�W, FROM: Bill Parsons, Associate City Planner (208) 884-5533 Bruce Freckleton, Development Services Manager (208) 887-2211 SUBJECT: Amberwave — AZ 14-004 and PP -14-002 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, The Land Group Inc., has applied for annexation (AZ) of 5.56 acres of land with an R- 15 zoning district and a preliminary plat (PP) consisting of twenty-seven (27) single-family residential lots and three (3) common/other lots on approximately 4.70 acres of land. See Section 9 of the staff report for more information. 2. SUMMARY RECOMMENDATION Staff recommends approval of the proposed annexation and preliminary plat with the conditions listed in Exhibit B, based on the Findings of Fact and Conclusions of Law in Exhibit D. The Meridian Planning and Zoning Commission heard these items on 03/20/14. At the public hearing, the Commission moved to recommend approval of the subject AZ and PP requests. a. Summary of Commission Public Hearing: i. In favor: Tamara Thompson ii. In opposition: None iii. Commenting: None iv. Written testimony: None v. Staff presenting application: Bill Parsons A. Other staff commenting on application: None b. Kev Issues) of Discussion by Commission: i. None c. Key Commission Change(s) to Staff Recommendation: L Condition 1.2.2b, bullets 1 and 2 were stricken by the Commission: ii. Commission modified site specific condition 2.1.1 to allow the secondary water connection through the Ambercreek Subdivision to the west. d. Outstanding Issue(s) for City Council: L None A. i. In favor: Tamara Thompson Ii In opposition: None l Commenting: None iy. Written testimony: None y,. Staff presenting application: Bill Parsons A Other staff commenting on application: None Amberwave AZ & PP PAGE l EXHIBIT A b.. Key Issues of Discussion by Council: L Sidewalks adiacent to the arterial streets. ii. Pedestrian connection to the Meridian Road sidewalk, c Key Council Changes to Staff/Commission Recommendation i The City Council waived the tiling of the Lemn Canal. 3. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to approve File Numbers AZ -14- 004 and PP -14-002 as presented in the staff report for the hearing date of April 22, 2014 with the following modifications: (Add any proposed modifications.) Denial After considering all staff, applicant and public testimony, I move to deny File Numbers AZ -14-004 and PP -14-002 as presented in the staff report for the hearing date of April 22, 2014 for the following reasons: (You should state specific reasons for denial of the applications.) Continuance I move to continue File Numbers AZ -14-004 and PP -14-002 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance.) 4. APPLICATION AND PROPERTY FACTS a. Site Address/Location: (Parcel's S0436110025 and S0436110505) The site is located on the southwest corner of W. McMillan Road and N. Meridian Road in the NE '/a of Section 36, TAN., R.1 W. b. Applicant: The Land Group Inc. 462 E. Shore Drive, Suite #100 Eagle, ID 83616 c. Owner: Gem State M&M, LLC 1775 W. State Street, Box 317 Boise, ID 83702 d. Representative: Tamara Thompson, The Land Group Inc. (939-4041) e. Applicant's Request: Please see applicant's narrative for this information. 5. PROCESS FACTS a. The subject applications are for annexation and a preliminary plat. A public hearing is required before the Planning and Zoning Commission and City Council on this matter, consistent with Meridian City Unified Development Code Title 11, Chapter 5. b. Newspaper notifications published on: February 17, and March 3, 2014 (Commission); March 31, and April 14, 2014 (Council) c. Radius notices mailed to properties within 300 feet on: February 10, 2014 (Commission); March 25, 2014 (Council) Amberwave AZ & PP PAGE 2 EXHIBIT A d. Applicant posted notice on site by: March 10, 2014 (Commission); April 7, 2014 (Council) 6. LAND USE a. Existing Land Use(s): The subject site consists of a single family residence and a detached accessory structure that will be demolished with the development of the proposed subdivision. b. Description of Character of Surrounding Area and Adjacent Land Uses and Zoning: Except for the vacant commercial property to north (C -G), this property is primarily surrounded by residential subdivisions, zoned R-8. c. History of Previous Actions: ® In 2008, the City denied the application for a comprehensive plan map amendment and annexation of the property (CPA -08-008 and AZ -08-009). d. Utilities: 1. Public Works: Location of sewer: A sanitary sewer main intended to provide service to the subject property currently exists in W. Lava Falls Drive. Location of water: Water mains intended to provide service to the subject property currently exists in W. Lava Falls Drive and N. Meridian Road. Issues or concerns: None e. Physical Features: 1. Canals/Ditches Irrigation: The Lemp Canal transverses the north boundary of the plat and the applicant has requested it remain untiled due to the size of the facility. 2. Hazards: Staff is not aware of any hazards that exist on the property. 3. Flood Plain: NA 4. Topography: NA 7. COMPREHENSIVE PLAN POLICIES AND GOALS The property is designated Medium Density Residential (MDR) on the Comprehensive Plan Future Land Use Map. This designation allows smaller lots for residential purposes within the city limits. The Comprehensive plan anticipates densities between 3 to 8 dwelling units per acre. The proposed preliminary plat depicts a residential subdivision consisting of 27 single-family detached homes on 4.70 acres of land at a gross density of 5.74 dwelling units per acre consistent with the MDR designation. Concurrently, the applicant is requesting to annex the property with an R-15 zoning district. Although the requested zone allows a maximum density of 15 dwelling units to the acre, the proposed density falls within the parameters of the MDR designation of the comprehensive plan. For these reasons, staff finds the proposed development is consistent with the comprehensive plan. Staff finds the following Comprehensive Plan policies to be applicable to this property and the proposed development (staff analysis in italics below policy): Amberwave AZ & PP PAGE 3 EXHIBIT A ® "Support a variety of residential categories (low-, medium-, medium-high and high-density single-family, multi -family, townhouses, duplexes, apartments, condominiums, etc.) for the purpose of providing the City with a range of affordable housing opportunities." (3.07.01 E) The proposed rnedhan density residential development ~Pill contribute to the variety of residential densities in this area of the 00which currently consists of a mix of medium -low and medium densio) residential developments. ® `Permit new development only where urban services can be reasonably provided at the time of final approval and development is contiguous to the City." (3.01.01F) The proposed development is adjacent to properties annexed into the city and services are available to be extended to the site upon development in accord with UDC 11-3A-21. ® "Support infill of vacant lots in substantially developed, single-family areas at densities sitnilar to surrounding development." (3.07.02I) The subject property is surrounded by properties developed at urban densities consistent iwith the density of the proposed residential development. The proposed development will also consist of single family detached homes. ® "Require street connections between subdivisions at regular intervals to enhance connectivity and better traffic flow. "(3.03.03C) Tf7th the development of the subdivision, the applicant is proposing to construct a small segment of local street (N. Alester Ave. and W. Havasu Falls St.) to serve the proposed development. This street nettivork will also stub along the west boundary and tie into the street network ofAmbercreek Subdivision for future connectivity. ® "Require new residential development to meet development standards regarding landscaping, signage, fences and walls, etc." The applicant is required to comply with all UDC standards pertaining to landscaping, signage, and fencing on the site. "Require appropriate landscaping and buffers along transportation corridors (setbacks, vegetation, low walls, berms, etc.)" (Chapter 3, page 54). Street buffer landscaping is required adjacent to W. McMillan Road and N. Meridian Road in accord with the standards listed in UDC 11-313-7C. After considering all of these factors staff finds that the proposed development is generally consistent with comprehensive plan. 8. UNIFIED DEVELOPMENT CODE A. Purpose Statement of the Residential Districts (R-15): The purpose of the residential districts is to provide for a range of housing opportunities consistent with the Meridian Comprehensive Plan. Residential districts are distinguished by the allowable density of dwelling units per acre and corresponding housing types that can be accommodated within the density range. B. Schedule of Use Control: Unified Development Code (UDC) 11-2A-2 lists single family detached housing as a principally permitted use in the R-15 zoning district. C. Dimensional Standards: Development of the site shall comply with the dimensional standards listed in UDC 11-2A-7 for the R-15 zoning district. D. Landscaping: A 25 -foot wide landscape buffer is required to comply with the design standards in accord with UDC 11 -3B -7C. Amberwave AZ & PP PAGE 4 EXHIBIT A E. Subdivision Design and Improvement Standards: The subdivision must comply with the subdivision design standards outlined in UDC I1 -6C-3. F. Off -Street Parking: Off-street parking is required in accord with UDC Table 11-3C-6 for single- family dwellings. 9. ANALYSIS a. Analysis of Facts Leading to Staff Recommendation: Annexation (AZ): The applicant has applied to annex 5.56 acres of land from RUT in Ada County to the R-15 zone to develop twenty-seven (27) single family detached homes. The R-15 zone is desired to allow the flexibility to construct patio homes within the proposed dimensional standards depicted on the plat without the need for shared driveways as would be required in the more restrictive R-8 zone. To ensure the site develops as proposed and at a density consistent with the comprehensive plan, staff recommends the applicant enter into a development agreement with the City. Preliminary Plat (PP): The proposed preliminary plat consists of twenty-seven (27) single family residential lots and three (3) common /other lots on approximately 4.70 acres of land in the proposed R-15 zoning district. Lot sizes range between 3,951 and 6,870 square feet respectively. The average lot size within the proposed subdivision is 4,625 square feet. The proposed gross density of the subdivision is 5.74 dwelling units per acre which is consistent with both the density requirements of the comprehensive plan and the proposed R-15 zoning district. Dimensional Standards: Staff has reviewed the proposed plat for compliance with the applicable standards listed in UDC Table 11-2A-7 for the R-15 zoning district. The R-15 zone requires a minimum lot size of 2,400 square feet with no street frontage requirement. As mentioned above, the applicant is proposing lot dimensions that exceed the minimums of the R-15 district. Therefore, all of the proposed lots comply with the dimensional standards of the UDC. The applicant is proposing Lots 3-5, Block 1 to take access from a common driveway (Lot 6, Block 1). The submitted plat depicts a 30 -foot wide common lot (25 -foot wide driveway and 5 - foot wide landscape buffer). The 5 -foot wide landscape buffer is required because Lot 7, Block 1 is not taking access from the common drive in accord with UDC 11 -6C -3D5. With final plat submittal, the applicant must provide an exhibit that depicts the building envelope, setbacks and orientation of the lots and structures. Additionally, the common driveway and the landscape buffer must be owned and maintained by the homeowners association. Access: Access to this development is proposed from the extension of N. Alester Avenue and N. Havasu Falls Street, via W. Lava Falls Drive. The internal streets are proposed as a reduced street section (42 feet of right-of-way; 29 feet between curbs); which restricts on -sheet parking to one side of the street. The Fire Department has reviewed the proposed development and has approved the street section as proposed. W. Havasu Falls Street is proposed to stub along the west boundary which will provide fixture connectivity with the Ambercreek Subdivision. Direct lot access via W. McMillan Road and N. Meridian Road is not proposed or approved with this application. Staff is supportive of the public street access and reduced street sections proposed for the development. Landscaping: A landscape plan was submitted with this application as shown in Exhibit A.3. A 25 -foot wide landscape buffer adjacent to W. McMillan Road and N. Meridian Road is required to be installed in accord with UDC 11-313-7C. On the submitted landscape plan, the applicant is proposing a single common lot adjacent to W. McMillan Road and N. Meridian Road. Amberwave AZ & PP PAGE 5 EXHIBIT A The section of the common lot adjacent to McMillan Road is approximately 65 -feet wide due to the 50 -foot wide Lemp Canal and the 65 -foot wide Idaho Power easements. On the submitted landscape plan, the applicant is proposing to install a 25 -foot wide landscape buffer without the required trees. UDC 11 -3B -7C requires the installation of seven (7) additional trees in the street buffer (one tree every 35 linear feet). Since the required trees will be in close proximity to the overhead power lines, UDC 11-313-5.1 requires the installation of class 1 trees only. With the submittal of a final plat application the applicant must submit a revised landscape plan that includes the seven (7) class 1 trees. As mentioned below, there is an existing 5 -foot wide detached sidewalk adjacent to the canal along McMillan Road. Between the open canal and the sidewalk (width varies between 7 and 12 feet) is an area that could be landscaped. The submitted landscape plan does not show any landscape improvements in this area. Since the project is located on a prominent corner, staff recommends the applicant, at a minimum, plant sod (or some other form of landscaping) in this area to promote a consistent landscape theme along the canal. The applicant must coordinate with Settlers Irrigation District and Idaho Power on the proposed landscape improvements within the dedicated easement area. The portion of the landscape buffer adjacent to N. Meridian Road is 28 feet in width and includes the required plant materials in accord with UDC 11 -3B -7C. Ditches, Laterals, and Canals: The Lemp Canal transverses the north property. Per UDC 11- 3A-6, all irrigation ditches, laterals or canals, exclusive of natural waterways and waterways being used as amenities, which intersect, cross or lie within the area being subdivided shall be covered. The applicant is seeking a waiver from Council to allow the Lemp Canal to remain un - tiled due to the size of the facility as allowed under UDC 11-3A-6A3b. With the submittal of the final plat application, the applicant must depict the 50 -foot wide Lemp Canal easement on the face of the plat. Open Space and Site Amenities: Because this site is below 5 acres in size, the UDC (11-3G-3) does not require open space or site amenities to be provided. Sidewalks: UDC 11 -3A -17C requires detached sidewalks along all arterial streets within the City. Currently, a 5 -foot wide detached sidewalk exists along McMillan Road and a 7 -foot attached sidewalk exists along Meridian Road. Since the existing sidewalks pre -date the proposed subdivision, staff is not recommending any changes to the existing sidewalks. However, there is an existing curb cut to Meridian Road (pasture access) that will be removed and replaced with new sidewalk with the development of the proposed subdivision. Existing Trees: The subject property contains numerous mature trees that will remain and /or will be removed with the development of the proposed subdivision. Per in UDC 11-313-10, mitigation is required for all existing healthy trees 4 -inch caliper or greater that are removed from the site. With the submittal of the final plat the applicant must submit a revised landscape plan that details the mitigation plan outlined by the developer and the City Arborist. Fencing: The applicant is proposing 6 -foot privacy fencing along the west, north and east perimeter of the development. The internal fencing consists of 6 -foot privacy along the south boundaries of Common Lots 6 and 19, Block 1. The fencing proposed for the development complies with UDC 11-3A-7. Pressure Irrigation: The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. The applicant should be required to utilize any existing surface or well water for the primary source. If a surface or well source is not available, a single - point connection to the culinary water system shall be required. If a single -point connection is utilized, the developer will be responsible for the payment of assessments for the common areas Amberwave AZ & PP PAGE 6 EXHIBIT A prior to receiving approval on the development plans. An underground, pressurized irrigation system should be installed to all landscape areas per the approved specifications and in accordance with UDC 11-3A-15 and MCC 9-1-28. Existing Structures: There is an existing home and accessory detached structure on the site that will be removed with the development of the proposed subdivision. The existing structures must be demolished and the existing well and septic system must be abandoned prior to the City Engineer's signature on a final plat. Building Elevations: The applicant has submitted sample photos that depict the style of homes proposed for the subdivision. The proposed homes depict a mix of building materials (lap siding, stucco, and board and batten siding) and stone wainscot. Design features staff supports include varying roof forms, decorative trim and corbels, pop -outs, dormers and covered front porches. Since the applicant is requesting to annex the property, staff recommends the applicant incorporate similar building materials and a mix of materials on all sides of the future homes, specifically, for those facades that face a public street as envisioned by the Meridian Design Manual. Staff is of the opinion the future homes will complement the existing homes in the area and demonstrate high quality materials. Prior to the issuance of a building permit, Staff will review the home elevations adjacent to W. McMillan Road and N. Meridian Road (Lots 2-5, 7-18, Block 1) as described above to ensure conformance with these design features. Future homes constructed within the subdivision must comply with the elevations attached in Exhibit AA. In summary, Staff recommends approval of the proposed annexation and preliminary plat with the recommended conditions listed in Exhibit B of this report in accord with the Findings contained in Exhibit D. 10. EXHIBITS A. Drawings 1. Vicinity Map 2. Proposed Preliminary Plat (dated: 01/29/14) 3. Proposed Landscape Plan (dated: 01/27/14) (REVISED) 4. Proposed Building Elevations B. Conditions of Approval 1. Planning Division 2. Public Works Department 3. Fire Department 4. Police Department 5. Parks Department 6. Republic Services 7. Ada County Highway District C. Legal Description and Exhibit Map D. Required Findings from Unified Development Code Amberwave AZ & PP PAGE 7 EXHIBIT A A. Drawings 1. Vicinity Map Ambenvave AZ & PP PAGE 8 EXHIBIT A 2. Proposed Preliminary Plat (dated: 01/29/14) s , - , I 4 g r. N. Meridiaa R6 __ _ _.. ._ T _---------- ------ _ r � li aaa 33 •i-'---_ — __ f_ e, r..t I 1 a_ l ? s Allster Ave. w T -A49 mi i tL sp S jj f 135, , a, l9 l a. — Preliminary Plat Pmleot Summary: a Not- - Zoning Requimmentt: Amhercreekdeh'd Noi 1 Developer @ Properly Omen 61Fb tl Pa➢i'upn t+utnan,.ua en uuv .vwmu�". ,e,t.,uavntnc+s eti=£m 83513 t t m�,.x, ,., ��*��e�=ry��+��t Enpineeh lendoaaPe Arohlteat,Planner. •. a true ,n IFe V=�G98t�P,eM,. Sm \.'. m ,, xernuauca.w+w,vrtwuvsxca GG '. iAil AiNtL•P: K WAA\�.I G1• -It GG.SifLi.lA;.W p2{;e!pl,ndnSREEA) t. m,c<.u,nan, n.mpa.,'tu urs�.m co", Ail':Rl AL10.a'"J:{AiE /i.k.9tEt11 eanecr:,autves~mwunsnuueonvncA, racwnr _xe. detEt'im,$1516,sarEtro ro N m3513 PP 1 Amberwave AZ & PP PAGE 9 EXHIBIT A J. Proposed Landscape Flan (dated: U 1%2 // 14) ( r It - rr,,,�ri— +q . ¢ Preliminary Plat •landscape 0 gh1eb 11111 v ®® Tlee /mtetllee later: tixdtaye galee: t nuxv,2-c �.+•a,.w,..u�s�cv v3 vn.,a.:,� �aeP�ae,eenuneelmg 3 ccRuemtteutemkg Rol Amberwave AZ & PP PAGE 10 EXHIBIT A 4. Building Elevations Amberwave AZ & PP PAGE 11 EXHIBIT A B. Conditions of Approval 1. PLANNING DIVISION 1.1 Annexation 1.1.1 A Development Agreement (DA) is required as a provision of the annexation of this property. Prior to the annexation ordinance approval, a DA shall be entered into between the City of Meridian, the property owner(s) at the time of annexation ordinance adoption, and the developer. A final plat application will not be accepted until the DA is recorded. The applicant shall contact the City Attorney's Office to initiate this process. The DA shall be signed by the property owner and returned to the city within two (2) years of the City Council granting the annexation. Currently, a fee of $303.00 shall be paid by the applicant to the City Clerk's office prior to commencement of the DA. The DA shall, at minimum, incorporate the following provisions: a. Development of this site shall substantially comply with the preliminary plat and landscape plan in Exhibit A. b. Future homes constructed within the subdivision must comply with the submitted elevations attached in Exhibit A.4. A mix of materials and architectural details as represented in the attached elevations shall be incorporated on the rear facades that face W. McMillan Road and N. Meridian Road (Lots 2-5 and 7-18, Block 1). c. A maximum of twenty-seven (27) single family detached homes shall be constructed on the site. 1.2 Preliminary Plat - Site Specific Conditions of Approval 1.2.1 The preliminary plat, dated 01/29/14, shall be revised as follows: a. Lots 3-5, Block 1 shall take access from common driveway as proposed. Since Lot 7, Block 1 does not take access from the common drive, provide a 5 -foot wide landscape buffer along southern edge of the common driveway as proposed. An exhibit depicting the setbacks, building envelope and orientation of lots and structures shall be submitted a fixture final plat application. Include note on the final plat that addresses access across the lots and the responsible party for maintenance of the common driveway and 5 -foot wide landscape buffer. b. Direct lot access shall be prohibited to W. McMillan Road and N. Meridian Road in accord with UDC 11 -3A-3. c. Lot 6, Block I is non -buildable lot and must contain the temporary emergency turnaround as proposed until the stub sheet (W. Havasu Falls Street) is extended with Ambercreek Subdivision. d. Depict the 50 -foot wide Lemp Canal easement on the face of the plat. 1.2.2 The landscape plan, dated 01/27/14 shall be revised as follows: a. All fencing shall be installed in accordance with UDC 11-3A-7. Submit a detailed fence plan with the final plat application. b. Construct Common Lot 1 and Common Lot 19 as proposed. With the submittal „r„ 4aq „1.,+ applioation, the a , 1;...,,,t must submit . revised landseai3e lan that incl des the f 11 ..,;,, .• The applicant shall receive approval from the Settlers Irrigation District and Idaho Power on Amberwave AZ & PP PAGE 12 EXHIBIT A the proposed landscape improvements within the dedicated easement area. c. Per UDC 11-313-10, the applicant shall work with the City Arborist, Elroy Huff, on designing, adopting, and implementing a protection and mitigation plan for the existing trees on site. With the submittal of the final plat the applicant shall submit a revised landscape plan that details the mitigation plan outlined by the developer and the City Arborist. d. Upon installation of the landscaping and prior to inspection by Planning Division staff, the applicant shall provide a written certificate of completion as set forth in UDC 11-313-14A. 1.2.3 Prior to the issuance of a building permit, the applicant shall record a final plat. 1.2.4 All buildings (existing residence and detached accessory structure) that span across proposed lot lines, or do not conform to the dimensional standards (setbacks, height, etc.) of the UDC shall be removed, relocated or made to conform to city code, prior to City Engineer signature of the final plat. 1.2.5 Comply with all ACHD conditions of approval. 1.3 General Conditions of Approval 1.3.1 Comply with all bulk, use, and development standards of the R-15 zoning district listed in UDC Chapter 2 District regulations. 1.3.2 Provide a pressurized irrigation system consistent with the standards as set forth in UDC 11-3A- 15, UDC 11-313-6 and MCC 9-1-28. 1.3.3 Comply with the sidewalk standards as set forth in UDC 11-3A-17. The applicant shall remove the constructed curb cut on N. Meridian Road and replace that section with a new 7 -foot wide attached sidewalk. 1.3.4 Install all utilities consistent with the standards as set forth in UDC 11-3A-21 and 11 -3B -5J. 1.3.5 Comply with all subdivision design and improvement standards as set forth in UDC 11-6C-3, including but not limited to driveways, common driveways, easements, blocks and mailbox placement. 1.3.6 Construct all off-street parking areas consistent with the standards as set forth in UDC 11-3C-6 for single-family dwellings. 1.3.7 The applicant has a continuing obligation to comply with the outdoor lighting provisions as set forth in UDC 11-3A-11. 1.3.8 The applicant shall pipe or otherwise cover all irrigation ditches, laterals or canals, intersecting, crossing or lying within the area being developed in accord with UDC 11 -3A -6A, unless waived by City Council. The City Council waived the tiling of the Lemp Canal in accord with UDC 1 l - 3A-6A.3b. 1.4 Process Conditions of Approval 1.4.1 No signs are approved with this application. Prior to installing any signs on the property, the applicant shall submit a sign permit application consistent with the standards in UDC Chapter 3 Article D and receive approval for such signs. 1.4.2 The final plat, and any phase thereof, shall substantially comply with the approved preliminary plat as set forth in UDC 11 -6B -3C2. Amberwave AZ & PP PAGE 14 EXHIBIT A 1.4.3 The preliminary plat approval shall be null and void if the applicant fails to either 1) obtain the City Engineer signature on a final plat within two years, or 2) gain approval of a time extension as set forth in UDC 11-6B-7. 1.4.4 The project is subject to all current City of Meridian ordinances. Staff failure to cite any specific ordinance provisions does not relieve the applicant from responsibility of compliance. 1.4.5 The applicant and/or assigns shall have the continuing obligation to provide irrigation that meets the standards as set forth in UDC 11-313-6 and to install and maintain all landscaping as set forth in UDC 11-313-5, UDC 11-3B-13 and UDC 11-3B-14. 1.4.6 All common open space shall be maintained by an owner's association as set forth in UDC 11- 3G -3F 1. 2. PUBLIC WORKS DEPARTMENT 2.1 Site Specific Conditions of Approval 2.1.1 Applicant shall be responsible to extend an 8 -inch diameter water main through common area Lot 1 and 6, and connect to the existing 12 -inch diameter water main in N. Meridian Road OR extend an 8 -inch diameter water main through the Ambercreek Subdivision to the west and connect to the 12 -inch diameter water main in W. McMillan Road. 2.2 General Conditions of Approval 2.2.1 Applicant shall coordinate water and sewer main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service outside of a public right-of-way. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub -grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications, 2.2.2 Per Meridian City Code, the applicant shall be responsible to install sewer and water mains to and through this development. 2.2.3 The applicant shall provide easement(s) for all public water/sewer mains outside of public right of way (include all water services and hydrants). The easement widths shall be 20 -feet wide for a single utility, or 30 -feet wide for two. The easements shall not be dedicated via the plat, but rather dedicated outside the plat process using the City of Meridian's standard forms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement (on the form available from Public Works), a legal description prepared by an Idaho Licensed Professional Land Surveyor, which must include the area of the easement (marked EXHIBIT A) and an 81/2" x 11" map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. 2.2.4 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 12-13-8.3). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single -point connection to the culinary water system shall be required. If a single -point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to prior to receiving development plan approval. 2.2.5 All existing structures that are required to be removed shall be prior to signature on the final plat by the City Engineer. 2.2.6 All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per UDC 11-3A-6. Plans shall be approved by the appropriate irrigation/drainage district, or lateral users association Amberwave AZ & PP PAGE 15 EXHIBIT A (ditch owners), with written approval or non -approval submitted to the Public Works Department. If lateral users association approval can't be obtained, alternate plans shall be reviewed and approved by the Meridian City Engineer prior to final plat signature. 2.2.7 Any existing domestic well system within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9 4 8 contact the City of Meridian Engineering Department at (208)898-5500 for inspections of disconnection of services. Wells may be used for non-domestic purposes such as landscape irrigation if approved by Idaho Department of Water Resources Contact Robert B. Whitney at (208)334-2190. 2.2.8 Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 8. Contact Central District Health for abandonment procedures and inspections (208)375-5211. 2.2.9 Street signs are to be in place, sanitary sewer and water system shall be approved and activated, fencing installed, drainage lots constructed, road base approved by the Ada County Highway District and the Final Plat for this subdivision shall be recorded, prior to applying for building permits. 2.2.10 A letter of credit or cash surety in the amount of 110% will be required for all uncompleted fencing, landscaping, amenities, etc., prior to signature on the final plat. 2.2.11 All development improvements, including but not limited to sewer and water, fencing, micro - paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy. 2.2.12 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to the issuance of a plan approval letter. 2.2.13 It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 2.2.14 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.2.15 Developer shall coordinate mailbox locations with the Meridian Post Office. 2.2.16 All grading of the site shall be performed in conformance with MCC 11-12-311. 2.2.17 Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 2.2.18 The engineer shall be required to certify that the street centerline elevations are set a minimum of 3 -feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1 -foot above. 2.2.19 The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACRD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. 2.2.20 At the completion of the project, the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 2.2.21 100 Watt and 250 Watt, high-pressure sodium street lights shall be required on all public roadways per the City of Meridian Improvement Standards for Street Lighting. All street lights Amberwave AZ & PP PAGE 16 EXHIBIT A shall be installed at developer's expense. Final design shall be submitted as part of the development plan set for approval, which must include the location of any existing street lights. Street lighting is required at intersections, corners, cul-de-sacs, and at a spacing that does not exceed that outlined in the Standards. The contractor's work and materials shall conform to the ISPWC and the City of Meridian Supplemental Specifications to the ISPWC. 2.2.22 The City of Meridian requires that the owner post to the City a performance surety in the amount of 125% of the total construction cost for all incomplete sewer, water and reuse infrastructure prior to final plat signature. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Please contact Land Development Service for more information at 887-2211. 2.2.23 The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20% of the total construction cost for all completed sewer, water and reuse infrastructure for duration of two years. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Please contact Land Development Service for more information at 887-2211. 3. FIRE DEPARTMENT 3.1 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 '/2" outlet face the main street or parking lot aisle. b. The Fire hydrant shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works specifications. d. Fire Hydrants shall be placed on corners when spacing permits. e. Fire hydrants shall not have any vertical obstructions to outlets within 10'. f. Fire hydrants shall be place 18" above finish grade. g. Fire hydrants shall be provided to meet the requirements of the IFC Section 509.5. It. Show all proposed or existing hydrants for all new construction or additions to existing buildings within 1,000 feet of the project. 3.2 Private Alleys and Fire Lanes shall have a 20' wide improved surface capable of supporting an imposed load of 75,000 lbs. All roadways shall be marked in accordance with Appendix D Section D103.6 Signs, 3.3 All entrance, internal roads and alleys shall have a turning radius of 28' inside and 48' outside radius. 3.4 Operational fire hydrants, temporary or permanent street signs, and access roads with an all weather surface are required to be installed before combustible construction material is brought onto the site, as set forth in International Fire Code Section (IFC) 501.4 and Meridian amendment to IFC 10-4-2J. 3.5 Ensure that all yet undeveloped parcels are maintained free of combustible vegetation as set forth in International Fire Code Section 304.1.2. 3.6 Fire lanes, streets and structures including the canopy height of mature trees shall have a vertical clearance of 13'6" as set forth in International Fire Code Section 503.2.1. 3.7 The applicant shall work with Public Works and Planning Department staff to provide an address identification plan and a sign which meets the requirements of the City of Meridian sign ordinance and is placed in a position that is plainly legible and visible from the street or road fronting the property, as set forth in International Fire Code Section 505.1. 4. POLICE DEPARTMENT 4.1 The Police Department has no comments related to this application. Amberwave AZ & PP PAGE 17 EXHIBIT A S. PARKS DEPARTMENT 5.1 The applicant shall comply with the tree mitigation standards set forth in UDC 11-3B-10. 6. REPUBLIC SERVICES 6.1 Republic Services has no comments related to this application. 7. ADA COUNTY HIGMVAP DISTRICT 7.1 SITE SPECIFIC CONDITIONS 7.1 Replace any deteriorated or deficient sidewalk, or Dedestrian facilities along McMillan Road abutting the site, consistent with District Minor hnprovements Policy 7203.3. 7.2 Replace the existing driveway with vertical curb, gutter, and 7 -foot wide concrete sidewalk and replace any deteriorated or deficient sidewalk, or pedestrian facilities along Meridian Road abutting the site, consistent with District Minor Improvements Policy 7203.3. 7.3 Construct the internal street, Alester Avenue, as a 29 -foot street section with rolled curb, Rutter, and 5 -foot wide attached sidewalk within 42 -feet of right-of-way; and sign one side of the street as "No Parking". 7.4 Construct 1 stub street, Havasu Falls Street, 110 -feet to the west property line, located approximately 215 -feet south of McMillan Road (measured centerline to centerline). 7.5 Install signage at the terminus of the stub street stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE." 7.6 Payment of impacts fees are due prior to issuance of a building permit. 7.7 Comply with all Standard Conditions of Approval. 7.2 STANDARD CONDITIONS OF APPROVAL 7.2.1 Any existing irrigation facilities shall be relocated outside of the right-of-way. 7.2.2 Private sewer or water systems are prohibited from being located within any ACHD roadway or right-of-way. 7.2.3 All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 7.2.4 Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 7.2.5 A license agreement and compliance with the District's Tree Planter policy is required for all landscaping proposed within ACHD right-of-way or easement areas. 7.2.6 Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details. 7.2.7 All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 7.2.8 In accordance with District policy, 7203.6, the applicant may be required to update any existing non-compliant pedestrian improvements abutting the site to meet current Americans with Amberwave AZ & PP PAGE 18 EXHIBIT A Disabilities Act (ADA) requirements. The applicant's engineer should provide documentation of ADA compliance to District Development Review staff for review. 7.2.9 Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 7.2.10 It is the responsibility of the applicant to verify all existing utilities within the right-of-way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1-811-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 7.2.11 No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 7.2.12 If the site plan or use should change in the future, ACHD Planning Review will review the site plan and may require additional improvements to the transportation system at that time. 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 ACRD Policy and Standard conditions of approval in place at the time unless a waiver/variance of said requirements or other legal relief is granted by the ACHD Commission. Amberwave AZ & PP PAGE 19 C. Legal Description and Exhibit Map December 3, 2013 Project No. 113196 EXHIBIT A sg ®® -o. � r � THEv w LAND GROUP, INC. Exhibit "A" AMBERWAVE SUBDIVISION ANNEXATION — REZONE DESCRIPTION A parcel of land located In the Northeast 1/4 of the Northeast 1/4 of Section 36, Township 4 North, Range 1 West, B.M., Meridian, Ada County, Idaho, described as follows: Commencing at the Section Corner common to Sections 25 and 36 of said Township 4 North, Range 1 West, and Sections 30 and 31 of Township 4 North, Range 1 East, B.M., (from which point the 1/4 Section Corner common to Sections 25 and 36 bears North 89°27'22" West a distance of 2,681.84 feet), said Section Corner being the POINT OF BEGINNING; Thence South 00°29'41" West a distance of 834.82 feet on the section Line common to said Sections 31 and 36; Thence North 89°27'27" West a distance of 290.00 feet on the northerly boundary line of Ambercreek Subdivision No. 1, as same is shown on the Plat thereof recorded In Book 97 of Plats at Page 12145 of Ada County Records, to an angle point in the northerly boundary line of said Subdivision; Thence North 00°29'41" East a distance of 834.83 feet to a point on the Section Line common to said Sections 25 and 36; Thence South 89°27'22" East a distance of 290.00 feet on the Section Line common to said Sections 25 and 36 to the point of beginning. Said Parcel contains 5.56 acres more or less. PREPARED BY: THE LAND GROUP, INC. James R. Washburn, PLS I#' 1—adrmpe Arrhilermre • Sile Plawlirg • Ord E:rgineeriq • GollfCorrne In{gmro" & Fgghmedng o Grophir Conm ildeatio" 462 P. Shore rJrive, Sta 100, iiagle, Idaho 83616 e P 208.939 ,1041 F208.939.4,145*xv\v\N,.tlicl,,iil(fvrout)iiic.cojiI Amberwave AZ & PP PAGE 19 EXHIBIT A i 5.25 N8902722"W 2881.84' S,25 S.30 -- 3.35 5.31 I I 93 5A ACRES cn N O O I N89'27'27'W 290.00' Imo, �ii_ z�z viv �m cD N i ,d. i S.30 8.31 1/41 1 '7880 `r9��9TF OF �SJ2. wP, ANNEXATION EXHIBIT V WA • O •� AMBER p i E SUBDIVISION .1 1 — .,...� ANNEXATION -REZONE _ EXHIBIT �gg x i Amberwave AZ & PP PAGE 20 EXHIBIT A D. Required Findings from Unified Development Code 1. Annexation Findings: Upon recommendation from the Commission, the Council shall make a full investigation and shall, at the public hearing, review the application. In order to grant an annexation, the Council shall make the following findings: a. The map amendment complies with the applicable provisions of the Comprehensive Plan; The applicant is proposing to annex 5.56 acres to the R-15 zoning district. The Council finds that the proposed map amendment is generally consistent with the MDR designation for this property. Therefore, the Council finds the amendment is consistent with the applicable provisions of the Comprehensive Plan (see section VII above). b. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; The Council finds that the proposed map amendment to the R-15 zoning district is consistent with the purpose statements for residential districts as detailed in Section VIII above.. c. The map amendment shall not be materially detrimental to the public health, safety, and welfare; The Council finds that the proposed zoning amendment will not be detrimental to the public health, safety, or welfare. City utilities will be extended at the expense of the applicant. The Council considered all oral and written testimony provided to determine this finding. d. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the City including, but not limited to, school districts; and, The Council finds that the proposed zoning amendment will not result in any adverse impact upon the delivery of services by any political subdivision providing services to this site. e. The annexation is in the best of interest of the City (UDC 11-513-3.E). The Council finds annexing this property with an R-15 zoning district is in the best interest of the City if the applicant enters into a development agreement. 2. Preliminary Plat Findings: In consideration of a preliminary plat, combined preliminary and final plat, or short plat, the decision-making body shall make the following findings: A. The plat is in conformance with the Comprehensive Plan; The Council finds that the proposed plat is in general conformance with the comprehensive plan (please see Section 7 of the Staff Report for detailed analysis of specific comprehensive plan action items that apply to this development). B. Public services are available or can be made available and are adequate to accommodate the proposed development; The Council finds that services can be made available to accommodate the proposed development. C. The plat is in conformance with scheduled public improvements in accord with the City's capital improvement program; Amberwave AZ & PP PAGE 21 EXHIBIT A Because the developer is installing sewer, water, and utilities for the development at their cost, the Council finds that the subdivisions will not require the expenditure of capital improvement funds. D. There is public financial capability of supporting services for the proposed development; The Council relied upon comments from the public service providers (i.e., police, fire, ACRD, etc.) to determine this finding. E. The development will not be detrimental to the public health, safety or general welfare; and The Council is not aware of any health, safety or environmental problems associated with the development of this subdivision. ACHD considers road safety issues in their analysis. The Council considered the facts, analysis and any public testimony presented to determine whether or not the proposed subdivision may cause health, safety or environmental problems. F. The development preserves significant natural, scenic or historic features. The Council is unaware of any natural, scenic or historic features on this site. Therefore, the Council finds that the proposed development will not result in the destruction, loss or damage of any natural, scenic or historic feature(s) of major importance. The Council considered all public testimony presented to determine whether or not the proposed development may destroy or damage a natural or scenic feature(s) of major importance. Amberwave AZ & PP PAGE 22 1 111111111 111111 111 111111111 • • r DATE: May 6, 2014 ITEM NUMBER: 5X PROJECT: FP 1-010 ITEM TITLE: MCLINDER SUBDIVISION Final Order for Approval: FP 14-010 McLinder Subdivision by TS Development Located 4650 N. Linder Road and 1437 W. McMillan Road Request: Final Plat Approval Consisting of Twenty -One (2 1) Building Lots and Two (2) Common/Other Lots on 11.8 Acres of Land in an R-15 Zoning District MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE REQUEST FOR FINAL PLAT CONSISTING OF 21 BUILDING LOTS & 2 COMMON LOTS ON 11.8 ACRES OF LAND IN THE R-15 ZONING DISTRICT FOR MCLINDER SUBDIVISION BY: TS DEVELOPMENT APPLICANT HEARING DATE: APRIL 15, 2014 CASE NO. FP -14-010 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT This matter coming before the City Council on April 15, 2014 for final plat approval pursuant to Unified Development Code (UDC) 11-6B-3 and the Council finding that the Administrative Review is complete by the Planning and Development Services divisions of the Community Development Department, to the Mayor and Council, and the Council having considered the requirements of the preliminary plat, the Council takes the following action: IT IS HEREBY ORDERED THAT: The Final Plat of "PLAT SHOWING MCLINDER SUBDIVISION, LOCATED IN A PORTION OF THE NW/40F SECTION 36, TAN., R.1W., B.M., CITY OF MERIDIAN, ADA COUNTY, IDAHO, 2014, HANDWRITTEN DATE: 02/20/14, CARL PORTER, PLS, SHEET 1 OF 4," is conditionally approved subject to those conditions of Staff as set forth in the staff report to the Mayor and ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR MCLINDER SUBDIVISION NO. 1 (FP -14-010) Page 1 of 3 City Council from the Planning and Development Services divisions of the Community Development Department dated April 15, 2014, a true and correct copy of which is attached hereto marked "Exhibit A" and by this reference incorporated herein, and the response letter from Lance Warnick, a true and correct copy of which is attached hereto marked "Exhibit B" and by this reference incorporated herein. 2. The final plat upon which there is contained the certification and signature of the City Cleric and the City Engineer verifying that the plat meets the City's requirements shall be signed only at such time as: 2.1 The plat dimensions are approved by the City Engineer; and 2.2 The City Engineer has verified that all off-site improvements are completed and/or the appropriate letter of credit or cash surety has been issued guaranteeing the completion of off-site and required on-site improvements. NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAKINGS ANALYSIS The Applicant is hereby notified that pursuant to Idaho Code § 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR MCLINDER SUBDIVISION NO. 1 (FP -14-010) Page 2 of 3 Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521. An affected person being a person who has an interest in real property which may be adversely affected by this decision may, within twenty- eight (28) days after the date of this decision and order, seek a judicial review pursuant to Idaho Code§ 67-52. { a By action of the City Council at its regular meeting held on thegday of rx, , 2014. By: ' Tammy de ,, p6rd Mayor, City of Meridian Attest: C i,y ot koo Jaycee,,/' City Clerk r Copy served upon the Applicant, Planning Department, Public Works Department, and City Attorney. By' Dated: ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR MCLINDER SUBDIVISION NO. 1 (FP -14-010) Page 3 of 3 STAFF REPORT MEETING DATE: April 15, 2014IDIAN"' TO: Mayor and City Council FROM: Sonya Watters, Associate City Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: FP-14-010 — McLinder Subdivision No. 1 I. APPLICATION SUMMARY The applicant, TS Development, has applied for final plat (FP) approval of 21 building lots and 2 common/other on 11.8 acres of land in the R-15 zoning district for the first phase of McLinder Subdivision. II. STAFF RE COMMENDATION/DECISION Staff recommends approval of the McLinder Subdivision No. 1 final plat subject to the conditions noted in Sections VI and VII below. These conditions shall be considered in full, unless expressly modified or deleted by motion of the City Council. III. PROPOSED MOTION Approval I move to approve File Number FP -14-010 as presented in the staff report for the hearing date of April 15, 2014, with the following modifications: (Add any proposed modifications.) Denial I move to deny File Number FP -14-010, as presented during the hearing on April 15, 2014, for the following reasons: (You should state specific reasons for denial.) Continuance I move to continue File Number FP -14-010 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance.) IV. APPLICATION AND PROPERTY FACTS A. Site Address/Location: The site is located at 4650 N. Linder Road on the southeast corner of N. Linder Road and W. McMillan Road, in the NW 1/4 of Section 32, Township 4 North, Range 1 West. (Parcel No.'s SO436223401 & SO436223441). B. Applicant: Tom Bevan, TS Development 4202 N. Marcliff Avenue Boise, ID 83704 McLinder Sub FP -14-010 PAGE 1 C. Owners: Same as applicant D. Representative(s): Lance Warnick, Aspen Engineers 485 N. Main Street Kuna, Idaho 83634 Penelope Riley, Riley Planning Services, LLC P.O. Box 405 Boise, ID 83701 V. STAFF ANALYSIS The proposed final plat depicts 21 building lots and 2 common lots on 11.8 acres of land in an R-15 zoning district. A total of 21 four-plex structures containing a total of 84 dwelling units are proposed to be constructed on the site. Staff has reviewed the proposed final plat for substantial compliance with the approved preliminary plat (PP -13-022). Because the number of buildable lots and common area is the same, staff deems the final plat to be in substantial compliance with the approved preliminary plat as required by UDC 11- 6B -3C.2. Because there are no street buffers being platted with this phase of development, a landscape plan is not required with this phase. Internal landscaping will be reviewed with the Certificate of Zoning Compliance and Design Review applications. VI. SITE SPECIFIC CONDITIONS 1. Applicant shall meet all terms of the approved annexation and zoning (AZ -13-010), preliminary plat (PP -13-022), and conditional use permit (CUP -13-010) for this site. 2. The applicant shall obtain the City Engineer's signature on the final plat within two years of City Council approval of the preliminary plat (by November 26, 2015), in accord with UDC 11-6B-7. 3. Prior to submittal for the City Engineer's signature, have the Certificate of Owners and the accompanying acknowledgement signed and notarized. 4. The final plat prepared by Sawtooth Land Surveying, LLC, stamped on February 24, 2014 by Carl Porter, shall be revised as follows: a. Include the recorded instrument numbers for the CC&R's. b. Include a note stating ownership and maintenance responsibilities for the common area on Lot 14, Block 1 and Lot 1, Block 2. c. Include a note for a cross-access/ingress-egress easement benefitting all lots in the subdivision and the recorded instrument number of such easement noted on the plat. d. Include the recorded instrument number for the City of Meridian water and sewer easement noted on the plat. The easement itself shall be dedicated per General Note # 19. e. Revise the subdivision name as follows: "McLinder Subdivision No. 1" McLinder Sub FP -14-010 PAGE 2 f. The line type depicting the boundaries of the sewer and water easement appears to be the same as the line type depicting the building envelopes. Please revise the plat to separately distinguishing line types. 5. All fencing installed on the site shall comply with UDC 11-3A-6 and 11-3A-7. If permanent fencing does not exist at the subdivision boundary, temporary construction fencing to contain debris shall be installed around this phase prior to release of building permits for this subdivision. 6. Staff's failure to cite specific ordinance provisions or conditions from the preliminary plat does not relieve the Applicant of responsibility for compliance. 7. The existing structures on the site and the access serving the home on McMillan Road shall be removed prior to signature on the final plat by the City Engineer. 8. A minimum 5 -foot wide detached sidewalk is required to be constructed along W. McMillan Road in accord with UDC 11-3A-17. This sidewalk shall be installed with the fast phase of this development. 9. Prior to the issuance of any new building permit, the property shall be subdivided in accordance with the UDC. 10. Prior to submittal for building permits, Certificate of Zoning Compliance and Design Review approval is required to be obtained for each of the multi -family structures and the clubhouse. Development of the site shall substantially comply with the previously approved site plan and building elevations, the design standards listed in UDC 11-3A-19, the guidelines contained in the City of Meridian Design Manual, and the specific use standards for multi -family developments listed in UDC 11-4-3-27. VII. GENERAL REQUIREMENTS 1. Sanitary sewer service to this development is available via extension of existing mains adjacent to the development. The applicant shall install mains to and through this subdivision; applicant shall coordinate main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub -grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2. Water service to this site is available via extension of existing mains adjacent to the development. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. 3. Street signs are to be in place, sanitary sewer and water system shall be approved and activated, fencing installed, drainage lots constructed, road base approved by the Ada County Highway District (ACHD) and the Final Plat for this subdivision shall be recorded, prior to applying for building permits. 4. Upon installation of the landscaping and prior to inspection by Planning Department staff, the applicant shall provide a written certificate of completion as set forth in UDC 11-313-14A. 5. A letter of credit or cash surety in the amount of 110% will be required for all incomplete fencing, landscaping, amenities, pressurized irrigation, prior to signature on the final plat. 6. The City of Meridian requires that the owner post with the City a performance surety in the amount of 125% of the total construction cost for all incomplete sewer, water infrastructure prior to final plat signature. This surety will be verified by a line item cost estimate provided by the owner to the City. The applicant shall be required to enter into a Development Surety Agreement McLinder Sub FP -14-010 PAGE 3 with the City of Meridian. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Please contact Land Development Service for more information at 887- 2211. 7. The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20% of the total construction cost for all completed sewer, and water infrastructure for a duration of two years. This suety amount will be verified by a line item final cost invoicing provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Please contact Land Development Service for more information at 887-2211. 8. All development improvements, including but not limited to sewer, water, fencing, and pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy, or as otherwise allowed by UDC 11-5C-1. 9. Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to the issuance of a plan approval letter. 10. It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 11. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 12. Developer shall coordinate mailbox locations with the Meridian Post Office. 13. All grading of the site shall be performed in conformance with MCC 11-12-3H. 14. Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 15. The engineer shall be required to certify that the street centerline elevations are set a minimum of 3 -feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1 -foot above. 16. The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACRD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. 17. At the completion of the project, the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 18. 100 Watt and 250 Watt, high-pressure sodium street lights shall be required on all public roadways per the City of Meridian hnprovement Standards for Street Lighting. All street lights shall be installed at developer's expense. Final design shall be submitted as part of the development plan set for approval, which must include the location of any existing street lights. Street lighting is required at intersections, corners, cul-de-sacs, and at a spacing that does not exceed that outlined in the Standards. The contractor's work and materials shall conform to the ISPWC and the City of Meridian Supplemental Specifications to the ISPWC. Contact the City of Meridian Transportation and Utility Coordinator at 898-5500 for information on the locations of existing street lighting. 19. The applicant shall provide easement(s) for all public water/sewer mains outside of public right of way (include all water services and hydrants). The easement widths shall be 20 -feet wide for a single utility, or 30 -feet wide for two. The easements shall not be dedicated via the plat, but McLinder Sub FP -14-010 PAGE 4 rather dedicated outside the plat process using the City of Meridian's standard forms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement (on the form available from Public Works), a legal description, which must include the area of the easement (marked EXHIBIT A) and an 81/2" x 11" map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. 20. Applicant shall be responsible for application and compliance with and NPDES permitting that may be required by the Environmental Protection Agency. 21. Any existing domestic well system within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9 4 8 contact the City of Meridian Engineering Department at (208)898-5500 for inspections of disconnection of services. Wells may be used for non-domestic purposes such as landscape irrigation if approved by Idaho Department of Water Resources Contact Robert B. Whitney at (208)334-2190. 22. Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 8. Contact Central District Health for abandonment procedures and inspections (208)375-5211. 23. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 12-13-8.3). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single -point connection to the culinary water system shall be required. If a single -point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to development plan approval. V. EXHIIBITS A. Vicinity Map B. Approved Preliminary Plat (dated: 11/1/13) C. Proposed Final Plat (stamped/dated: 2/5/14) McLinder Sub FP -14-010 PAGE 5 Exhibit A — Vicinity Map McLinder Sub FP -14-010 PAGE 6 Exhibit B — Approved Preliminary Plat (dated: 11/1/13) PRELIMINARY PLAT OF- McLINDER SUBDIVISION LOCATED IN A PORTION OF THE NW 1/4 OF THE NW 1/4 OF SECTION 36, LAN, R,IW, BOISE MERIDIAN. CITY OF MERIDIAN, ADA COUNTY, IDAHO NOVFMBER 1, 2013 AW" IMP- 111 I{ IYP I / MVI-MMUMIM' t ¢v4 am mm„•vm M1sa�amn, ♦. �it�„�ra.,6Pmwa.suvr+vty 7 !_', �+ MfXW1i W�� W u s. z taa.�az¢�n �,mL^II�et£ii I�ri'LlifaG.OYRTR���� MOM r�M1'.iiios��v'�in wr`<tidd i'\Sf�.'maa2wa"O�i'r ��a {$@ PRELIMINARY PLAT OF- McLINDER SUBDIVISION LOCATED IN A PORTION OF THE NW 1/4 OF THE NW 1/4 OF SECTION 36, LAN, R,IW, BOISE MERIDIAN. CITY OF MERIDIAN, ADA COUNTY, IDAHO NOVFMBER 1, 2013 AW" IMP- MVI-MMUMIM' t ¢v4 am mm„•vm M1sa�amn, ♦. �it�„�ra.,6Pmwa.suvr+vty 7 !_', �+ MfXW1i W�� W u s. z r�M1'.iiios��v'�in wr`<tidd i'\Sf�.'maa2wa"O�i'r ��a {$@ �MRk-rai �Z ti�� f8i'1' Y'g3 rcwr,:n ygy5 '� �j 3' ,nua�verw - roa �¢%a� WN eaa�u sn �n mvw] lRN C •✓.rw ra V,� r.�tBCin SrA�i=p"1 nw£ l !1w . u ILA, f,t'fiY Mr PP -1 McLinder Sub FP -14-010 PAGE 7 Exhibit C — Proposed Final Plat (dated: 2/5/14) MCLINDER SUBDIVISION NOTFS BOOK ___, PAGE---- scAac A OF A PORTION OF THE NW114 OF SECTION 36, T. 4 N., R. 1 W, B.M., CITY OF MERIDIAN, ADA COUNTY, IDAHO 1. Ahl KI-WYW, Vy � RAT &4AU CGWW4 TO THE APlAICA&Z Z=14d REGULArMS 0? EFTCCT AT TIC ME 2014 2. PER I.C. 31 -JAYS, � "I VF WMI, M NAVPA-.JVIVkI (ASMC1, ALL LOTS WTW RAS SYBNV3a4 ARE "LCT TO 1LA1PA-lA!rS1',fM A T ' R"AM" DS R`Z ASSSISSVENfA ANO W44 KC64V *ArFR FRW SM0 01TAX7. J. 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X J LEGEND W) SIARDIMOU (or LAST SICROYA, tM ------------------ NEW FAS�V, CMTERUIVE - - - - - - - - - - RIC41' Ll" WAY rMiND VRASS CAP tlW"�t T 1 ram AILALNIUN, CAP AMWENI J LWPIAMLD, , __j 1 8 M00 SA' REFIAR AS NOTED (2) 1 1 vi BLOCK 1: FCVM 1/7' RFOAR AS NOTTO r- 110 5,411 COMMELD SET 51V' REGAR/CAP BLOCK I A, f/9' RCRARICAl I r I L - - - - - J d _T7) f3F -I r --- TF,, A CALMATO PONT 14 1 1 �,qi AEMW LIA"01WATM 7P� LfJ lornuvw 1SJ f0 BLOCK 2 -7, 77-7:�"' 7 3— I cm IV. ANN TAYCOR ST. 41 S"m wjcw Al- 00< --Ci Ag PACE IONS LI3 <I K- , 05 PA� 11.UO EZE 5$?ZC7 P rOlP W714 szC. J4 'c, McLinder Sub FP -14-010 PAGE 8 ■ Soma Wafters From: Lance Warnick <lance@AspenEngineers.com> Sent: Thursday, April 10, 2014 S:02 PM To: Sonya Watters Subject: RE: McLinder Sub FP Staff Report for 4/15 CC Mtg Thank you. Sorry I was slow. Lance Warnick, P.E. Principal Engineer Aspen Engineers 485 W. Main St, Suite B . PO Box 205 A Kuna, Idaho 83634 Phone (208) 466-8181 ■ Cell (208) 989-4531 - lance@AspenEngineers.com From: Sonya Watters [maiito:swatters@meridiancity.org] Sent: Thursday, April 10, 2014 4:58 PM To: Machelle Hill; lance@AspenEngineers.com; Holly Binkley; Jacy Jones; Jaycee Holman Cc: Justin Lucas; Bruce Freckleton Subject: RE: McLinder Sub FP Staff Report for 4/15 CC Mtg ThanksH From: Machelle Hill Sent, Thursday, April 10, 2014 4:58 PM To: Sonya Watters; lanceaAspenEngineers.com; Holly Binkley; Jacy Jones; Jaycee Holman Cc: Justin Lucas; Bruce Freckleton Subject. RE: McLinder Sub FP Staff Report for 4/15 CC Mtg Yes, it will be on consent. From: Sonya Watters Sent: Thursday, April 10, 2014 4:50 PM To: lance@AspenEngineers.com,; Holly Binkley; Jacy Jones; Jaycee Holman; Machelle Hill Cc: Justin Lucas; Bruce Freckleton Subject., RE: McLinder Sub FP Staff Report for 4/15 CC Mtg I have revised the staff report as noted below. Clerk — Can we still get this on the consent agenda? thx From: Lance Warnick [maiito:lance@AspenEngineers.comj Sent: Thursday, April 10, 2014 3:23 PM To: Sonya Watters; Holly Binkley; Jacy Jones; Jaycee Holman; Machelle Hill Cc: Justin Lucas; Bruce Freckleton Subject: RE: McLinder Sub FP Staff Report for 4/15 CC Mtg Sonya, Here are our comments on the staff report: 1. In Section IV, the address; parcel numbers and legal description refer to a different property and are not correct. Otherwise, we are in agreement to the conditions outlined in the staff report. Thanks, Lance Warnick, P.E. Principal Engineer Aspen Engineers 485 W. Main St, Suite B • PO Box 205 ° Kuna, Idaho 83634 Phone (208) 466-8181 W Cell (208) 989-4531 A Iance@AspenEngineers.com From: Sonya Watters fmailto:swatters@meridiancity.org) Sent: Tuesday, April 08, 2014 2:48 PM To: Holly Binkley; Jacy tones; Jaycee Holman; Machelle Hill Cc: lance(a@AspenEngineers.com; rileyplanninsservicesCa@vahoo.com; Justin Lucas; Bruce Freckleton Subject: McLinder Sub FP Staff Report for 4/15 CC Mtg Attached is the staff report for the proposed final plat for McLinder Sub. (FP -14-010). This item is scheduled to be on the Council agenda on April 15th. The public hearing will be held at City Hall, 33 E. Broadway Avenue, beginning at 6:00 pm. Please call or e-mail with any questions. Lance/Penelope - Please submit a written response to the staff report to the City Clerk's office (jholmanCmeridiancity.or�, mhitt@meridiancity.org, ]9 ones@meridiancity.or) and myself (e mail or fax) by 3:00 pm the Thursday prior to the hearing. If you are in agreement with the conditions of approval contained in the staff report and you submit a written response accordingly by Thursday at 3:00 pm, your item will be placed on the consent agenda; consent agenda items are passed in one motion by the Council at the beginning of the meeting. Note: If you are in agreement with the staff report, it is still recommended you attend the meeting in the event the item is pulled off of the consent agenda. If you do not respond to the staff report by Thursday, or if you have concerns with the conditions of approval, your project will be placed on the regular agenda. Thanks, Sonya DATE: • 2014 ITEM NUMBER: 5T .. -4N=V0E1&Q Final Order for Approval: FP 14-014 Paramount Subdivision No. 26 by SCS Brighton, LLC Located Northeast Corner of N. Linder Road and W. McMillan Road Intersection Request: Thirty -Two (32) Building Lots and Two (2) Common/Other Lots on 8.39 Acres of Land in the R-8 Zoning District MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE ) REQUEST FOR FINAL PLAT ) CONSISTING OF 32 BUILDING ) LOTS & 2 COMMON LOTS ON 8.39 ) ACRES OF LAND IN THE R-8 ) ZONING DISTRICT FOR ) PARAMOUNT SUBDIVISION NO. ) 26 ) BY: SCS BRIGHTON, LLC ) APPLICANT ) HEARING DATE: APRIL 15, 2014 CASE NO. FP -14-014 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT This matter coming before the City Council on April 15, 2014 for final plat approval pursuant to Unified Development Code (UDC) 11-6B-3 and the Council finding that the Administrative Review is complete by the Planning and Development Services divisions of the Community Development Department, to the Mayor and Council, and the Council having considered the requirements of the preliminary plat, the Council takes the following action: IT IS HEREBY ORDERED THAT: The Final Plat of "PLAT SHOWING PARAMOUNT SUBDIVISION NO. 26, LOCATED IN THE S 1/2 OF THE SW/40F SECTION 25, TAN., R.1W., B.M., MERIDIAN, ADA COUNTY, IDAHO, 2014, HANDWRITTEN DATE: 02/19/14, JAMES R. WASHBURN, PLS, SHEET 1 OF 3," is conditionally approved subject to those conditions of Staff as set forth in the staff report to the ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR PARAMOUNT SUBDIVISION NO. 26 (FP -14-014) Page 1 of 3 Mayor and City Council from the Planning and Development Services divisions of the Community Development Department dated April 15, 2014, a true and correct copy of which is attached hereto marked "Exhibit A" and by this reference incorporated herein, and the response letter from Mike Wardle, a true and correct copy of which is attached hereto marked "Exhibit B" and by this reference incorporated herein. 2. The final plat upon which there is contained the certification and signature of the City Clerk and the City Engineer verifying that the plat meets the City's requirements shall be signed only at such time as: 2.1 The plat dimensions are approved by the City Engineer; and 2.2 The City Engineer has verified that all off-site improvements are completed and/or the appropriate letter of credit or cash surety has been issued guaranteeing the completion of off-site and required on-site improvements. NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAKINGS ANALYSIS The Applicant is hereby notified that pursuant to Idaho Code § 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR PARAMOUNT SUBDIVISION NO. 26 (FP -14-014) Page 2 of 3 Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521. An affected person being a person who has an interest in real property which may be adversely affected by this decision may, within twenty- eight (28) days after the date of this decision and order, seek a judicial review pursuant to Idaho Code§ 67-52. By action of the City Council at its regular meeting held on the day of 2014. B Y� Tammy aleW erd Mayor, CI of Meridian Attest: of Jaycee Holman City Clerk Copy served upon the Applicant, Planning Department, Public Works Department, and City Attorney. BYE Dated: o' 1 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR PARAMOUNT SUBDIVISION NO. 26 (FP -14-014) Page 3 of 3 STAFF REPORT HEARING DATE: April 15, 2014 TO: FROM: SUBJECT EXHIBIT A Mayor & City Council Sonya Watters, Associate City Planner 208-884-5533 (::�WIE7 �'i, 2014 Bruce Freckleton, Development Services Manager 208-887-2211 FP -14-014 — Paramount Subdivision No. 26 I. APPLICATION SUMMARY The applicant, SCS Brighton, LLC, has applied for final plat approval of 32 single-family residential building lots and 2 common lots on 8.39 acres of land for Paramount Subdivision No. 26. The zoning district for the proposed subdivision is R-8 (Medium -Density Residential). II. STAFF RECOMMENDATION Staff recommends approval of the Paramount Subdivision No. 26 final plat subject to the conditions noted below. These conditions shall be considered in full, unless expressly modified or deleted by motion of the City Council. III. PROPOSED MOTION Approval I move to approve File Number FP -14-014 as presented in the staff report for the hearing date of April 15, 2014, with the following modifications: (Add any proposed modifications.) Denial I move to deny File Number FP -14-014, as presented during the hearing on April 15, 2014, for the following reasons: (You should state specific reasons for denial.) Continuance I move to continue File Number FP -14-014 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance.) IV. APPLICATION AND PROPERTY FACTS A. Site Address/Location: The subject property is generally located northeast of the W. McMillan Road/N. Linder Road intersection, south of Rocky Mountain High School, in the SW 1/4 of Section 25, T. 4N., R. 1 W. B. Applicant: SCS Brighton, LLC 12601 W. Explorer Dr., #200 Boise, Idaho 83713 C. Owner: Brighton Investments, LLC 12601 W. Explorer, #200 Boise, Idaho 83713 Paramount Sub No. 25 FP -14-011 PAGE 1 EXHIBIT A D. Representative: Mike Wardle, Brighton Corporation 12601 W. Explorer, #200 Boise, Idaho 83713 V. HISTORY In 2006, this property was annexed and zoned (AZ -06-026) and a preliminary plat (PP -06-025) was approved for Paramount South 60 subdivision. This subdivision was allowed to integrate into the overall final plat phasing of Paramount Subdivision at the determination of the Planning Director. This is the second phase of development of Paramount South 60 subdivision and is the 26t11 phase of the overall Paramount subdivision. VI. STAFF ANALYSIS The proposed final plat depicts 32 single-family residential building lots and 2 common lots on 8.39 acres of land. The gross density of the proposed subdivision is 3.81 dwelling units (d.u.) per acre with a net density of 5.12 d.u. per acre. The average lot size 8,494 square feet (s.£). There are no amenities proposed with this phase of development. All of the proposed lots are for single-family detached homes and comply with the dimensional standards for the R-8 zoning district. Staff has reviewed the proposed final plat for consistency with the approved preliminary plat and found there to be 2 additional building lots and a small increase in common area on the proposed final plat. The increase in common area consists of a street buffer along W. Deer Crest Street. Because the number of buildable lots decreased by 6 in the previous phase and the amount of common open space has increased in both phases, staff finds the proposed plat to be in substantial compliance with the approved preliminary plat as required by UDC 11 -6B -3C.2. VII. SITE SPECIFIC CONDITIONS 1. Applicant shall meet all terms of the approved annexation and preliminary plat (AZ -06-026; PP - 06 -025; TE -10-013) applications for this subdivision. 2. The applicant shall obtain the City Engineer's signature on the final plat within two years of the City Engineer's signature on a previous final plat, in accord with UDC 11-613-7. 3. Prior to submittal for the City Engineer's signature, have the Certificate of Owners and the accompanying acknowledgement signed and notarized. 4. The final plat prepared by The Land Group, stamped on February 19, 2014 by James R. Washburn shall be revised as follows: a. Note #13: Include the recorded instrument number b. A 20 -foot wide sanitary sewer easement shall be graphically depicted on the plat centrally within Lot 75, Block 8. The easement itself shall be dedicated per General Comment #19. Paramount Sub No. 25 FP -14-011 PAGE 2 EXHIBIT A 5. The landscape plan prepared by The Land Group, dated March 6, 2014 shall be revised as follows: a. A minimum 5 -foot wide pathway is required within Lot 75, Block 8 with landscaping on both sides in accord with the standards listed in UDC 11 -3B -12C. Trees should be placed outside of the sanitary sewer easement. b. Revise the fence height from 6 feet to 4 feet if closed vision fencing is proposed adjacent to the common area and pathway on Lot 75, Block 8 in accord with UDC11-3A-7A.7. Six foot tall open vision fencing is also allowed. 6. All fencing installed on the site must be in compliance with UDC 11-3A-6 and 11-3A-7. If permanent fencing does not exist at the subdivision boundary, temporary construction fencing to contain debris shall be installed around this phase prior to release of building permits for this subdivision. 7. Staff's failure to cite specific ordinance provisions or conditions from the preliminary plat does not relieve the Applicant of responsibility for compliance. 8. Prior to the issuance of any new building permit, the property shall be subdivided in accordance with the UDC. VII. GENERAL REQUIREMENTS 1. Sanitary sewer service to this development is available via extension of existing mains adjacent to the development. The applicant shall install mains to and through this subdivision; applicant shall coordinate main size and routing with the Public Works Department, and execute standard farms of easements for any mains that are required to provide service. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub -grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2. Water service to this site is available via extension of existing mains adjacent to the development. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. 3. Street signs are to be in place, sanitary sewer and water system shall be approved and activated, fencing installed, drainage lots constructed, road base approved by the Ada County Highway District (ACRD) and the Final Plat for this subdivision shall be recorded, prior to applying for building permits. 4. Upon installation of the landscaping and prior to inspection by Planning Department staff, the applicant shall provide a written certificate of completion as set forth in UDC 11 -3B -14A. 5. A letter of credit or cash surety in the amount of 110% will be required for all incomplete fencing, landscaping, amenities, pressurized irrigation, prior to signature on the final plat. 6. The City of Meridian requires that the owner post with the City a performance surety in the amount of 125% of the total construction cost for all incomplete sewer, water infrastructure prior to final plat signature. This surety will be verified by a line item cost estimate provided by the owner to the City. The applicant shall be required to enter into a Development Surety Agreement with the City of Meridian. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Please contact Land Development Service for more information at 887- 2211. 7. The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20% of the total construction cost for all completed sewer, and water infrastructure for a duration Paramount Sub No. 25 FP -14-011 PAGE 3 EXHIBIT A of two years. This surety amount will be verified by a line item final cost invoicing provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Please contact Land Development Service for more information at 887-2211. 8. All development improvements, including but not limited to sewer, water, fencing, and pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy, or as otherwise allowed by UDC 11-5C-1. 9. Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to the issuance of a plan approval letter. 10. It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 11. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 12. Developer shall coordinate mailbox locations with the Meridian Post Office. 13. All grading of the site shall be performed in conformance with MCC 11-12-311. 14. Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 15. The engineer shall be required to certify that the street centerline elevations are set a minimum of 3 -feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1 -foot above. 16. The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACRD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. 17. At the completion of the project, the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 18. 100 Watt and 250 Watt, high-pressure sodium street lights shall be required on all public roadways per the City of Meridian Improvement Standards for Street Lighting. All street lights shall be installed at developer's expense. Final design shall be submitted as part of the development plan set for approval, which must include the location of any existing street lights. Street lighting is required at intersections, corners, cul-de-sacs, and at a spacing that does not exceed that outlined in the Standards. The contractor's work and materials shall conform to the ISPWC and the City of Meridian Supplemental Specifications to the ISPWC. Contact the City of Meridian Transportation and Utility Coordinator at 898-5500 for information on the locations of existing street lighting. 19. The applicant shall provide easement(s) for all public water/sewer mains outside of public right of way (include all water services and hydrants). The easement widths shall be 20 -feet wide for a single utility, or 30 -feet wide for two. The easements shall not be dedicated via the plat, but rather dedicated outside the plat process using the City of Meridian's standard forms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement (on the form available from Public Works), a legal description, which must include the area of the easement (marked EXHIBIT A) and an 81/2" x 11" map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be scaled, signed and dated by a Paramount Sub No. 25 FP -14-011 PAGE 4 EXHIBIT A Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. 20. Applicant shall be responsible for application and compliance with and NPDES permitting that may be required by the Environmental Protection Agency. 21. Any existing domestic well system within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9 4 8 contact the City of Meridian Engineering Department at (208)898-5500 for inspections of disconnection of set -vices. Wells may be used for non-domestic purposes such as landscape irrigation if approved by Idaho Department of Water Resources Contact Robert B. Whitney at (208)334-2190. 22. Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 8. Contact Central District Health for abandonment procedures and inspections (208)375-5211. 23. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 12-13-8.3). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single -point connection to the culinary water system shall be required. If a single -point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to development plan approval. VIII. EXHIBITS A. Vicinity Map B. Approved Preliminary Plat (dated: 5/24/06) C. Proposed Final Plat (dated: 2/19/14) D. Proposed Landscape Plan (dated: 3/6/14) Paramount Sub No. 25 FP -14-011 PAGE 5 EXHIBIT A Exhibit A — Vicinity Map Paramount Sub No. 25 FP -14-011 PAGE 6 ylctnity Map g S4eel Tua: fldpNlh: s �® O® ®®� x®�®� THE LAND GROUP Paramount Subdivision Uba6waca: A INOOMOMM 4Rrr, 4ne�fre,W I80 aeeteatr� 3k [W41447618 Raw 4889:Ap71 fnY88879.dN5 Vicinity Map �A Exhibit """"`v""m"a"".,,.m"�`•'°' Muldian Who Paramount Sub No. 25 FP -14-011 PAGE 6 EXHIBIT A Exhibit B — Approved Preliminary Plat (dated: 5/24/06) I _ �� ! •p, — � �� a oma" , &I :� 1 �r ®: 67 p {f !; O °i -� T\ • �� <� F-.-::1--� i a - ! ............. c'o �.. Q t t• I ��e O ©.�.10 O D - of / •o ®; Q o ° o.® - , >s= .. .- .— .. .1 .,. V e,....re1f_FLL'� • ••^• T•^^nv4u s,Q� m�, (� IIx usac u� LOCATED IN THE S1/2 OF THE 5111/4 PARAMOUNT SOUTH 60 SUBDIVISION S �� SnglueeringNortffes4LLC OF SECTION 25, T.4N., 11.119., B.A{., PRELIMINARY PLAT ADA COUNTY. 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Beau ,R ... •; �— `— 11.01 Paramount Sub No. 25 FP -14-011 PAGE 9 Sonya Watters From: Mike Wardle < MWardle@ brig htoncorp.com > Sent: Wednesday, April 09, 201411:29 AM To: Sonya Watters; Holly Binkley, Jacy Jones; Jaycee Holman; Machelle Hill Cc: Justin Lucas Subject: RE: Paramount Sub. 26 Final Plat Staff Report for 4/15 CC Mtg We have reviewed the staff report for Paramount Subdivision No. 26 and concur with the recommendation for City Council approval with the proposed Site Specific Conditions; and request that the matter be placed on the consent agenda. 1 will attend the meeting to answer Council questions, if any. Michael Wardle Director of Planning Brighton Corporation 12601 W. Explorer, Suite 200 I Boise, Idaho 83713 rxrect 208.287.0512 I Ccll 208:863.6150 From: Sonya Watters [mailto:swatters@meridiancity.org] Sent: Tuesday, April 08, 2014 1.0:41 AM To: Holly Binkley; Jacy Jones; Jaycee Holman; Machelle Hill Cc: Mike Wardle; Justin Lucas Subject: Paramount Sub. 26 Final Plat Staff Report for 4/15 CC Mtg Attached is the staff report for the proposed final plat for Paramount Sub. 26 (FP -14-014), This item is scheduled to be on the Council agenda on April 15th. The public hearing will be held at City Hall, 33 E. Broadway Avenue, beginning at 6:00 pm. Please call or e-mail with any questions. Mike - Please submit a written response to the staff report to the City Clerk's office (iholman@meridiancity.org, mhilt@meridiancity.or , jiones@meridiancity.org) and myself (e-mail or fax) by 3:00 pm the Thursday prior to the hearing. If you are in agreement with the conditions of approval contained in the staff report and you submit'a written response accordingly by Thursday at 3:00 pm, your item will be placed on the consent agenda consent agenda items are passed in one motion by the Council at the beginning of the meeting. Note: If you are in agreement with the staff report, it is still recommended you attend the meeting in the event the item is pulled off of the consent agenda. If you do not respond to the staff report by Thursday, or if you have concerns with the conditions of approval, your project will be placed on the regular agenda. Thanks, Sonya • 70MMEMINA Final Order for Approval: FP 14-012 Ambercreek No. 2 by Trilogy Idaho Located Southwest Corner of W. McMillan Road and N. Meridian Road Request: Final Plat Approval Consisting of Fifty -Four (54) Single Family Residential Building Lots and Two (2) Common Lots on 10.58 Acres of Land in an R-8 Zoning District MEETING NOTES 3 Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: &MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE REQUEST FOR FINAL PLAT CONSISTING OF 54 SINGLE- FAMILY RESIDENTIAL BUILDING LOTS AND 4 COMMON LOTS ON 10.58 ACRES INAN R-8 ZONING DISTRICT BY: TRILOGY IDAHO APPLICANT HEARING DATE: APRIL 22, 2014 CASE NO. FP -14-012 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT This matter coming before the City Council on April 15, and 22, 2014 for final plat approval pursuant to Unified Development Code (UDC) 11-6B-3 and the Council finding that the Administrative Review is complete by the Planning Division and Public Works Department, to the Mayor and Council, and the Council having considered the requirements of the preliminary plat, the Council takes the following action: IT IS HEREBY ORDERED THAT: 1. The Final Plat of "PLAT SHOWING AMBERCREEK SUBDIVISION NO. 2, LOCATED IN THE NE 1/4 of SECTION 36, TAN., R.1 W., MERIDIAN, ADA COUNTY, IDAHO, 2013, BY CLINTON W. HANSEN, PLS, SHEET 1 OF 3," is conditionally approved subject to those conditions set forth in the staff report to the Mayor and City Council from the Planning Division and the Development ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR AMBERCREEK SUBDIVISION NO.2 (FP -14-012) Page 1 of 3 Services Division of the Public Works Department dated April 22, 2014, a true and correct copy of which is attached hereto marked "Exhibit A" and by this reference incorporated herein, and the response letter from Kent Brown, a true and correct copy of which is attached hereto marked "Exhibit B" and by this reference incorporated herein. 2. The final plat upon which there is contained the certification and signature of the City Clerk and the City Engineer verifying that the plat meets the City's requirements shall be signed only at such time as: 2.1 The plat dimensions are approved by the City Engineer; and 2.2 The City Engineer has verified that all off-site improvements are completed and/or the appropriate letter of credit or cash surety has been issued guaranteeing the completion of off-site and required on-site improvements. NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAKINGS ANALYSIS The Applicant is hereby notified that pursuant to Idaho Code § 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521. An affected person being a person who has an ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR AMBERCREEK SUBDIVISION NO.2 (FP -14-012) Page 2 of 3 interest in real property which may be adversely affected by this decision may, within twenty- eight (2 8) days after the date of this decision and order, seek a judicial review pursuant to Idaho Code§ 67-52. By action of the City Council at its regular meeting held on the `� day of .,.v.. )2014. By; f �y Tammy de d Mayor, Ci ye of Meridian Attest: �.. IAl r. r Af Jaycee Holman City Clerk T' Copy served upon the Applicant, Planning Division, Public Works Department, and City Attorney. B P Dated: ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR AMBERCREEK SUBDIVISION NO.2 (FP -14-012) Page 3 of 3 EXHIBIT A STAFF REPORT , C�VE Hearing Date: April 22, 2014 (Continued from April 15, 2014) TO: Mayor and City Council FROM: Bill Parsons, Associate City Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: FP -14-012 — Ambercreek No. 2 I. APPLICATION SUMMARY The applicant, Trilogy Idaho, has applied for approval of a final plat consisting of fifty-four (54) residential lots and two (2) common lots on approximately 10.58 acres of land in the R-8 zoning district. NOTE: The applicant requests withdrawal of the approved filial plat ale #FP -06-027) in order to construct a snnaller phase proposed with the subject application. Staff recommends the Council acknowledge the withdrawal request before acting on the subject application. In conjunction with the submitted final plat the applicant has also submitted a time extension application to keep the approved preliminary plat valid. Approval of this final plat is predicated on Council's approval of the time extension application. II. STAFF RECOMMENDATION Staff recommends approval of final plat (FP) application subject to the conditions noted below. These conditions shall be considered in full, unless expressly modified or deleted by motion of the City Council. III. PROPOSED MOTION Approval I move to approve File Numbers FP -14-012 as presented in the staff report for the hearing date of April 22, 2014, with the following modifications: (Add any proposed modifications.) Denial I move to deny File Numbers FP -14-012 as presented during the hearing on April 22, 2014, for the following reasons: (You should state specific reasons for denial.) Continuance I move to continue File Numbers FP -14-012 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance.) IV. APPLICATION AND PROPERTY FACTS A. Site Address/Location: The site is located near the southwest corner of McMillan Road and Meridian Road in the northeast'/4 of Section 36, Township 4 North, Range 1 West. B. Applicant: Trilogy Idaho 2358 S. Titanium Place Meridian, Idaho 83642 Ambercreek No. 2 — FP -14-012 PAGE 1 EXHIBIT A C. Owner: Dyver Development 2364 S. Titanium Place Meridian, Idaho 83642 D. Representative: Kent Brown, KB Planning 3161 E. Springwood Drive Meridian, Idaho 83642 V. STAFF ANALYSIS The proposed final plat consists of fifty-four (54) residential lots and two (2) common lots on approximately 10.58 acres of land. The average lot size is 4,253 square feet. The gross density of the development is 5.13 dwelling units per acre with a net density of 7.8 dwelling units per acre. Open space proposed for this phase consists of the McMillan Road street buffer, 8 -foot parkways, a micropath, and passive open space. Overall open space with this phase is 1.61 acres which totals approximately 6.5%. The open space proposed with this phase is consistent with the overall project open space. Because the number of buildable lots is the same and the amount of common open space is the same, staff finds the proposed plat to be in substantial compliance with the approved preliminary plat as required by UDC11-613-3C.2. VI. SITE SPECIFIC CONDITIONS The applicant is to meet all terms of the approved annexation (AZ -05-055), development agreement (instrument #106048481 and #110064697), preliminary plat (PP -05-057), final plat (FP -06-017) and time extensions (TE -08-016, TE -10-001, TE -10-022, TEC -12-002 and TEC -14- 004) for this development. 2. The applicant has until March 23, 2015, to obtain City Engineer's signature on the final plat or apply for a time extension in accord with UDC 11-613-7. 3. Prior to submittal for the City Engineer's signature, have the Certificate of Owners and the accompanying acknowledgement signed and notarized. 4. Prior to submittal to the City, the Professional Land Surveyor preparing the plat shall stamp, sign and date each page of the final plat map, including the Certificate of Surveyor. 5. Construct all alleys to comply with ACHD's requirements for public alleys. All alleys shall contain at least 16 feet of pavement within a 20 -foot right-of-way, as proposed, and include 28 - foot inside and 48 -foot outside turn radii where the alleys intersect the public streets. 6. Revise the notes on the face of the plat prepared by Bailey Engineering, dated 01/17/14, prior to signature on the final plat by the City Engineer, as follows: ® Add a note the references the recorded development agreements (Instrument #106048481 and #110064697). ® Add a note that states Lots 3 and 18, Block 5, Lot 9, Block 16 and Lot 6, Block 17 are common lots which shall be owned and maintained by the Ambercreek Homeowner's Association. 7. The applicant shall comply with the submitted landscape plan prepared by The Land Group Inc., dated July 09, 2010, with the following changes: Ambercreek No. 2 — FP -14-012 PAGE 2 EXHIBIT A ® Fencing along the east boundary of Common Lot 3, Block 5 must 4 -foot solid or 6 -foot open vision fencing in accord with UDC 11-3A-7. ® If the unimproved street right-of-way is ten feet (10') or greater from edge of pavement to edge of sidewalk or property line, and street widening project is not in the Transportation Authority's five-year funded plan, developer shall maintain a 10 -foot wide compacted gravel shoulder meeting the construction standards of the Transportation Authority (ACRD) is required along W. McMillan Road. The remaining area must be landscaped with lawn or other vegetative groundcover in accord with UDC 11 -3B -7C5 a. ® Prior to issuance of the first occupancy permit for the second phase, provide the required landscaping along the entire frontage of W. McMillan Road per the recorded DA. ® All common open space and site amenities shall be maintained by a homeowner's association as set forth in UDC 11 -3G -3F1. Provide three (3) full size copies of landscape plan with the aforementioned changes prior to obtaining City Engineer's signature on the final plat. Prior to signature of the final plat by the City Engineer, the applicant shall provide a letter from the United States Postal Set -vice stating that the applicant has received approval for the location of mailboxes. Contact the Meridian Postmaster, Kimberly Cutler, at 887-1620 for more information. 9. Submit a copy of the Ada County Street Name Committee's "Final" letter for the street names. 10. Staff's failure to cite specific ordinance provisions or conditions from the preliminary plat does not relieve the applicant of responsibility for compliance. 11. Prior to the issuance of any new building permits, the property shall be subdivided in accordance with the UDC. 12. All fencing installed on the site must be in compliance with UDC 11-3A-6 and 11-3A-7. Temporary construction fencing to contain debris shall be installed at the subdivision boundary prior to release of building permits for this subdivision. VII. GENERAL REQUIREMENTS 1. Sanitary sewer service to this development is available via extension of existing mains adjacent to the development. The applicant shall install mains to and through this subdivision; applicant shall coordinate main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub -grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2. Water service to this site is available via extension of existing mains adjacent to the development. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. 3. Street signs are to be in place, sanitary sewer and water system shall be approved and activated, fencing installed, drainage lots constructed, road base approved by the Ada County Highway District (ACRD) and the Final Plat for this subdivision shall be recorded, prior to applying for building permits. 4. Upon installation of the landscaping and prior to inspection by Planning Department staff, the applicant shall provide a written certificate of completion as set forth in UDC 11 -3B -14A. Ambercreek No. 2 — FP -14-012 PAGE 3 EXHIBIT A 5. A letter of credit or cash surety in the amount of 110% will be required for all incomplete fencing, landscaping, amenities, pressurized irrigation, prior to signature on the final plat. 6. The City of Meridian requires that the owner post with the City a performance surety in the amount of 125% of the total construction cost for all incomplete sewer, water infrastructure prior to final plat signature. This surety will be verified by a line item cost estimate provided by the owner to the City. The applicant shall be required to enter into a Development Surety Agreement with the City of Meridian. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Please contact Land Development Service for more information at 887- 2211. 7. The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20% of the total construction cost for all completed sewer, and water infrastructure for a duration of two years. This surety amount will be verified by a line item final cost invoicing provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Please contact Land Development Service for more information at 887-2211. 8. All development improvements, including but not limited to sewer, water, fencing, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy, or as otherwise allowed by UDC 11-5C-1. 9. Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to the issuance of a plan approval letter. 10. It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 11. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 12. Developer shall coordinate mailbox locations with the Meridian Post Office. 13. All grading of the site shall be performed in conformance with MCC 11-12-3H. 14. Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 15. The engineer shall be required to certify that the street centerline elevations are set a minimum of 3 -feet above the highest established peals groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1 -foot above. 16. The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACRD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. 17. At the completion of the project, the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 18. 100 Watt and 250 Watt, high-pressure sodium street lights shall be required on all public roadways per the City of Meridian Improvement Standards for Street Lighting. All street lights shall be installed at developer's expense. Final design shall be submitted as part of the development plan set for approval, which must include the location of any existing street lights. Street lighting is required at intersections, corners, cul-de-sacs, and at a spacing that does not exceed that outlined in the Standards. The contractor's work and materials shall conform to the Ambercreek No. 2 — FP -14-012 PAGE 4 EXHIBIT A ISPWC and the City of Meridian Supplemental Specifications to the ISPWC. Contact the City of Meridian Transportation and Utility Coordinator at 898-5500 for information on the locations of existing street lighting. 19. The applicant shall provide easement(s) for all public water/sewer mains outside of public right of way (include all water services and hydrants). The easement widths shall be 20 -feet wide for a single utility, or 30 -feet wide for two. The easements shall not be dedicated via the plat, but rather dedicated outside the plat process using the City of Meridian's standard forms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement (on the form available from Public Works), a legal description, which must include the area of the easement (marked EXHIBIT A) and an 81/2" x 11" map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. 20. Applicant shall be responsible for application and compliance with and NPDES permitting that may be required by the Environmental Protection Agency. 21. Any existing domestic well system within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9 4 8 contact the City of Meridian Engineering Department at (208)898-5500 for inspections of disconnection of services. Wells may be used for non-domestic purposes such as landscape irrigation if approved by Idaho Department of Water Resources Contact Robert B. Whitney at (208)334-2190. 22. Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 8. Contact Central District Health for abandonment procedures and inspections (208)375-5211. 23. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 12-13-8.3). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single -point connection to the culinary water system shall be required. If a single -point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to development plan approval. V. EXHIBITS A. Vicinity Map B. Approved Ambercreek Subdivision C. Proposed Final Plat D. Proposed Landscape Plan Ambercreek No. 2 — FP -14-012 PAGE 5 EXHIBIT A Exhibit A — Vicinity Map Vicinity Map 0 0.1 0.2 Miles Print Date: 417/2014 Ambercreek No. 2 — FP -14-012 PAGE 6 EXHIBIT A Exhibit B — Approved Ambercreek Subdivision Ambercreek No. 2 — FP -14-012 PAGE 7 Exhibit C — Proposed Final Plat '�--'���— SIF:i��:l+ WJfO+Af _____ sicca uxs SEND /GtIN t/E" lFyl FN. PLS Irtl� (�rnrz+t • ud wm'cu-.'�asinrs —_.—__ srF[n maaea Lot Il+[ B va�ioiu c.P — � — lJ [,uma v�aa sit tO ,cc[ 0 u+iF�3 r`ro`aiu11e v�`s°ixvs%'vric u[n,•[, o a,ri aP> ....,� e.•� e:,.+r. s.= uiP z to /e• . [[' I+m rn nrx'r[zs�c cu•, na ulu Ambercreek No. 2 — FP -14-012 EXHIBIT A e�a�i'IRx+ PLAT SHOVANG ,i,,v �EP,CREF s�rr�n[VISION wo. LOCATED IN THE NE 1/4 OF THE NE 1/4 OF SECTION 36, T.4N., R.1W„ BOISE MERIDIAN, CITY OF MERIDIAN, ADA COUNTY, IDAHO 2014 60 0 30 60 120 SCALE IN FEET NOTE: SEE SHEET 2OF 4 FOR NOTES, CURVE TABLE AND LINE TABLE SHEET 1 OF 4 PAGE 8 ascly c 6 its 1 1 1 18 ��� rt x.�x+c ur+>�•i.. ua vmnin z w �r fi� v�`s°ixvs%'vric u[n,•[, o a,ri �F r n. N Ambercreek No. 2 — FP -14-012 EXHIBIT A e�a�i'IRx+ PLAT SHOVANG ,i,,v �EP,CREF s�rr�n[VISION wo. LOCATED IN THE NE 1/4 OF THE NE 1/4 OF SECTION 36, T.4N., R.1W„ BOISE MERIDIAN, CITY OF MERIDIAN, ADA COUNTY, IDAHO 2014 60 0 30 60 120 SCALE IN FEET NOTE: SEE SHEET 2OF 4 FOR NOTES, CURVE TABLE AND LINE TABLE SHEET 1 OF 4 PAGE 8 EXHIBIT A Exhibit D. — Proposed Landscape Plan Ambercreek No. 2 — FP -14-012 PAGE 9 Bill Parsons From: kent brown <kentlkb@gmail.com> Sent: Friday, April 11, 2014 9:25 AM To: Bill Parsons Cc: Ted Baird; Bill Nary; Jacy Jones; Jaycee Holman; Machelle Hill; Shawn Brownlee [Shawn@trilogyidaho.com] (Shawn@trilogyidaho.com); Justin Lucas Subject: Re: Ambercreek No. 2 final plat staff report for 04/15/14 CC MTG Bill I have reviewed the staff report and we can comply. Kent Brown On Fri, Apr 11, 2014 at 8:06 AM, Bill Parsons <bparsons a,meridiancity.org> wrote: Attached is the staff report for the proposed Ambercreek No. 2 final plat application (FP -14-012). This item is scheduled to be on the Council agenda on 04/15/14. The public hearing will be held at City Hall, 33 E. Broadway Avenue, beginning at 6:00 pm. Please call or e-mail with any questions. Kent - Please submit any written response you may have to the staff report to the City Clerk's office (jholmanCmeridiancity.or>, mhill@meridiancity.or, and jionesCmeridiancity.nr) and myself (e-mail or fax) as soon as possible. Bill Parsons, AICP Associate City Planner Community Development Department 33 E. Broadway Avenue Meridian, Idaho 83642 PHONE: (208) 884-5533 FAX: (208) 888-6854 bparsons@tnerldiancity.org meridiancity.org DATE: May 6, 2014 ITEM NUMBER: 5AA -• • Final Order for Approval: FP 14-017 Gramercy Heights Subdivision No. 1 by The Westpark Company, Inc. Located South of E. Overland Road and West of S. Eagle Road on E. Griffon Street Request: Final Plat Approval Consisting of Six (6) Building Lots on 1.01 Acres of Land in the R-15 Zoning District MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE REQUEST FOR FINAL PLAT CONSISTING OF 6 SINGLE- FAMILY RESIDENTIAL BUILDING LOTS ON 1.01 ACRES INAN R-15 ZONING DISTRICT BY: GRAMERCY LLC APPLICANT HEARING DATE: APRIL 22, 2014 CASE NO. FP -14-017 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT This matter coming before the City Council on April 22, 2014 for final plat approval pursuant to Unified Development Code (UDC) 11-6B-3 and the Council finding that the Administrative Review is complete by the Planning Division and Public Works Department, to the Mayor and Council, and the Council having considered the requirements of the preliminary plat, the Council takes the following action: IT IS HEREBY ORDERED THAT: 1. The Final Plat of "PLAT SHOWING GRAMERCY HEIGHTS SUBDIVISION, LOCATED IN THE NE 1/4 of SECTION 20, T.3N., RJE., MERIDIAN, ADA COUNTY, IDAHO, 2013, BY PATRICK J. SCHEFFLER, PLS, SHEET 1 OF 3," is conditionally approved subject to those conditions set forth in the staff report to the Mayor and City Council from the Planning Division and the ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR GRAMERCY HEIGHTS SUBDIVISION (FP -14-017) Page 1 of 3 Development Services Division of the Public Works Department dated April 22, 2014, a true and correct copy of which is attached hereto marked "Exhibit A" and by this reference incorporated herein, and the response letter from Taylor Merrill, a true and correct copy of which is attached hereto marked "Exhibit 13" and by this reference incorporated herein. 2. The final plat upon which there is contained the certification and signature of the City Clerk and the City Engineer verifying that the plat meets the City's requirements shall be signed only at such time as: 2.1 The plat dimensions are approved by the City Engineer; and 2.2 The City Engineer has verified that all off-site improvements are completed and/or the appropriate letter of credit or cash surety has been issued guaranteeing the completion of off-site and required on-site improvements. NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAKINGS ANALYSIS The Applicant is hereby notified that pursuant to Idaho Code § 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Cleric not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521. An affected person being a person who has an ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR GRAMERCY HEIGHTS SUBDIVISION (FP -14-017) Page 2 of 3 interest in real property which may be adversely affected by this decision may, within twenty- eight (28) days after the date of this decision and order, seek a judicial review pursuant to Idaho Code§ 67-52. By action of the City Council at its regular meeting held on the .., . , 2014. Attest: Jaycee] o City Clerk t eerd y of Meridian �.rol , f day of Copy served upon the Applicant, Planning Division, Public Works Department, and City Attorney. xVv Dated: a,(L ': -o I `-f ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR GRAMERCY HEIGHTS SUBDIVISION (FP -14-017) Page 3 of 3 STAFF REPORT Hearing Date: TO: FROM: SUBJECT: EXHIBIT A April 22, 2014 Mayor and City Council Bill Parsons, Associate City Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 FP -14-017 — Gramercy Heights I. APPLICATION SUMMARY The applicant, Gramercy LLC, has applied for approval of a final plat consisting of six (6) single-family residential lots on approximately 1.01 acres in the R-15 zoning district. II. STAFF RECOMMENDATION Staff recommends approval of final plat (FP) application subject to the conditions noted below. These conditions shall be considered in full, unless expressly modified or deleted by motion of the City Council. III. PROPOSED MOTION Approval I move to approve File Number FP -14-017 as presented in the staff report for the hearing date of April 22, 2014, with the following modifications: (Add any proposed modifications.) Denial I move to deny File Number FP -14-017 as presented during the hearing on April 22, 2014, for the following reasons: (You should state specific reasons for denial.) Continuance I move to continue File Number FP -14-017 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance.) IV. APPLICATION AND PROPERTY FACTS A. Site Address/Location: The site is located south of E. Overland Road and west of S. Bonito Way between E. Blue Horizon Drive and the Ridenbaugh Canal in the SW 1/4 of the NE'/4 of Section 20, T.3N., R. IE. B. Applicant/Owner: Gramercy, LLC P.O. Box 344 Meridian, ID 83680 C. Representative: Ben Thomas, Civil Innovations, PLLC PO Box 170811 Boise, Idaho 83717 Gramercy Heights — FP -14-017 PAGE 1 EXHIBIT A V. STAFF ANALYSIS The proposed final plat consists of six (6) residential lots on approximately 1.01 acres of land. The average lot size is 4,800 square feet. The gross density of the development is 5.94 dwelling units per acre with a net density of 9.07 dwelling units per acre. Because the number of buildable lots is the same, staff finds the proposed plat to be in substantial compliance with the approved preliminary plat as required by UDC 11 -6B -3C.2. VI. SITE SPECIFIC CONDITIONS 1. Applicant shall meet all terms of the approved preliminary plat (PP -13-034) and recorded development agreement (Instrument No. 11401273 8) for this subdivision. 2. The applicant has until February 4, 2016, to obtain City Engineer's signature on the final plat or apply for a time extension in accord with UDC 11-6B-7. 3. Prior to submittal for the City Engineer's signature, have the Certificate of Owners and the accompanying acknowledgement signed and notarized. 4. Revise the notes on the face of the plat prepared by Idaho Survey Group, dated 03/14/14, prepared by Patrick J. Scheffler, prior to signature on the final plat by the City Engineer, as follows: ® Note #11: Insert development agreement recording and instrument #'s (Original recorded 8/31/06 as Instrument #106141056, and First Addendum recorded 2/19/14 as instrument #114012738). 5. Prior to signature of the final plat by the City Engineer, the applicant shall provide a letter from the United States Postal Service stating that the applicant has received approval for the location of mailboxes. Contact the Meridian Postmaster, Kimberly Cutler, at 887-1620 for more information. 6. Staff s failure to cite specific ordinance provisions or conditions from the preliminary plat does not relieve the applicant of responsibility for compliance. 7. Prior to the issuance of any new building permits, the property shall be subdivided in accordance with the UDC. 8. All fencing installed on the site must be in compliance with UDC 11-3A-6 and 11-3A-7. Temporary construction fencing to contain debris shall be installed at the subdivision boundary prior to release of building permits for this subdivision. VII. GENERAL REQUIREMENTS Sanitary sewer service to this development is available via extension of existing mains adjacent to the development. The applicant shall install mains to and through this subdivision; applicant shall coordinate main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub -grade is less than three feet than alternate materials shall be used in conformance. of City of Meridian Public Works Departments Standard Specifications. 2. Water service to this site is available via extension of existing mains adjacent to the development. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. 3. Street signs are to be in place, sanitary sewer and water system shall be approved and activated, fencing installed, drainage lots constructed, road base approved by the Ada County Highway Gramercy Heights — FP -14-017 PAGE 2 EXHIBIT A District (ACRD) and the Final Plat for this subdivision shall be recorded, prior to applying for building permits. 4. Upon installation of the landscaping and prior to inspection by Planning Department staff, the applicant shall provide a written certificate of completion as set forth in UDC 11 -3B -14A. 5. A letter of credit or cash surety in the amount of 110% will be required for all incomplete fencing, landscaping, amenities, pressurized irrigation, prior to signature on the final plat. 6. The City of Meridian requires that the owner post with the City a performance surety in the amount of 125% of the total construction cost for all incomplete sewer, water infrastructure prior to final plat signature. This surety will be verified by a line item cost estimate provided by the owner to the City. The applicant shall be required to enter into a Development Surety Agreement with the City of Meridian. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Please contact Land Development Service for more information at 887- 2211. 7. The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20% of the total construction cost for all completed sewer, and water infrastructure for a duration of two years. This surety amount will be verified by a line item final cost invoicing provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Please contact Land Development Service for more information at 887-2211. 8. All development improvements, including but not limited to sewer, water, fencing, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy, or as otherwise allowed by UDC 11-5C-1. 9. Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to the issuance of a plan approval letter. 10. It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 11. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 12. Developer shall coordinate mailbox locations with the Meridian Post Office. 13. All grading of the site shall be performed in conformance with MCC 11-12-3H. 14. Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 15. The engineer shall be required to certify that the street centerline elevations are set a minimum of 3 -feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1 -foot above. 16. The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACRD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. 17. At the completion of the project, the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. Gramercy Heights — FP -14-017 PAGE 3 EXHIBIT A 18. 100 Watt and 250 Watt, high-pressure sodium street lights shall be required on all public roadways per the City of Meridian Improvement Standards for Street Lighting. All street lights shall be installed at developer's expense. Final design shall be submitted as part of the development plan set for approval, which must include the location of any existing street lights. Street lighting is required at intersections, corners, cul-de-sacs, and at a spacing that does not exceed that outlined in the Standards. The contractor's work and materials shall conform to the ISPWC and the City of Meridian Supplemental Specifications to the ISPWC. Contact the City of Meridian Transportation and Utility Coordinator at 898-5500 for information on the locations of existing street lighting. 19. The applicant shall provide easement(s) for all public water/sewer mains outside of public right of way (include all water services and hydrants). The easement widths shall be 20 -feet wide for a single utility, or 30 -feet wide for two. The easements shall not be dedicated via the plat, but rather dedicated outside the plat process using the City of Meridian's standard forms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement (on the form available from Public Works), a legal description, which must include the area of the easement (marked EXHIBIT A) and an 81/2" x 1 I" map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. 20. Applicant shall be responsible for application and compliance with and NPDES permitting that may be required by the Environmental Protection Agency. 21. Any existing domestic well system within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9 4 8 contact the City of Meridian Engineering Department at (208)898-5500 for inspections of disconnection of services. Wells may be used for non-domestic purposes such as landscape irrigation if approved by Idaho Department of Water Resources Contact Robert B. Whitney at (208)334-2190. 22. Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 8. Contact Central District Health for abandonment procedures and inspections (208)375-5211. 23. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 12-13-8.3). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single -point connection to the culinary water system shall be required. If a single -point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to development plan approval. V. EXHIBITS A. Vicinity Map B. Approved Gramercy Heights Subdivision (PP -13-034) Gramercy Heights — FP -14-017 PAGE 4 EXHIBIT A Exhibit A — Vicinity Map 'cinity Ma 0 0.125 02Miles Gramercy Heights — FP -14-017 PAGE 5 EXHIBIT A Exhibit B — Approved Gramercy Heights Subdivision (PP -13-034) Gramercy Heights — FP -14-017 PAGE 6 EXHIBIT A hX111 bit U — Proposed Final Plat PLAT SHOWING GRAMERCYHEIGHTSSUBDI VISIDNND. I A PORTION OF THE W 1/2 OF THE NE 1/4 OF SECTION 20 T.3N., R.E., B.M., MERIDIAN, ADA COUNTY, IDAHO A 2014 HrgaEY E�>s3 18 2 0 /4 -;.k , cis zg 21 fP'r ROMSLAWD OA A(UMADE5UBD717c70VA0 ! 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Gramercy Heights — FP -14-017 PAGE 7 Bill Parsons From: Taylor Merrill <taylor@westparkco.com> Sent: Monday, April 21, 2014 12:22 PM To: Bill Parsons; Jacy Jones; Machelle Hill Subject: RE: Gramercy Heights final plat staff report for 04/22/14 CC MTG Bill, As the applicant of the Gramercy Heights plat, Gramercy, LLC, Finds the staff report acceptable for the hearing on April 22, 2014 Thank you, Taylor Merrill From: Bill Parsons [mailto:bparsons@meridiancity,org] Sent: Tuesday, April 15, 2014 1:58 PM To: Ted Baird; Bill Nary; Jacy Jones; Jaycee Holman; Machelle Hill; Holly Binkley; Taylor Merrill Cc: Justin Lucas Subject: Gramercy Heights final plat staff report for 04/22/14 CC MTG Attached is the staff report for the proposed Gramercy Heights final plat application (FP -14-017). This item is scheduled to be on the Councit agenda on 04/22/14. The public hearing will be held at City Hall, 33 E. Broadway Avenue, beginning at 6:00 pm. Please call or e-mail with any questions. Taylor - Please submit a written response to the staff report to the City Clerk's office (iholman@meridiancity org; mhilt@meridiancity ori, hones@meridiancity org) and myself (e-mail or fax) by 3:00 pm the Thursday prior to the meeting. If you are in agreement with the conditions of approval contained in the staff report and you submit a written response accordingly by Thursday at 3:00 pm, your item will be placed on the consent agenda; consent agenda items are passed in one motion by the Council at the beginning of the meeting. Note: If you are in agreement with the staff report, it is still recommended you attend the meeting in the event the item is pulled off of the consent agenda. If you do not respond to the staff report by Thursday, or if you have concerns with the conditions of approval, your project will be placed on the regular agenda. Bill Parsons, AICP Associate City Planner Community Development Department 33 E. Broadway Avenue Meridian, Idaho 83642 PHONE: (208) 884-5533 FAX: (208) 888-6854 bparsons@meridiancity.org • • • DATE: May 6, 2014 IT : 5BB PROJECT u : FP 14-016 ITEM TITLE: CASA BELLA SUBDIVISION Final Order for Approval: FP 14-016 Casa Bella Subdivision by Providence Properties, LLC Located 5555 N. Locust Grove Road Request: Final Plat Approval Consisting of Twenty -One (21) Building Lots Lots and Four (4) Common/Other Lots on 14.69 Acres of Land in the L -O and R-8 Zoning Districts MEETING NOTES r Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE REQUEST FOR FINAL PLAT CONSISTING OF 1 CHURCH LOT, 21 SINGLE-FAMILY RESIDENTIAL BUILDING LOTS AND 4 COMMON LOTS ON 14.69 ACRES IN THE L -O AND R-8 ZONING DISTRICTS BY: PROVIDENCE PROPERTIES LLC APPLICANT HEARING DATE: APRIL 22, 2014 CASE NO. FP -14-016 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT This matter coming before the City Council on April 22, 2014 for final plat approval pursuant to Unified Development Code (UDC) 11-6B-3 and the Council finding that the Administrative Review is complete by the Planning Division and Public Works Department, to the Mayor and Council, and the Council having considered the requirements of the preliminary plat, the Council takes the following action: IT IS HEREBY ORDERED THAT: 1. The Final Plat of "PLAT SHOWING CASA BELLA SUBDIVISION, LOCATED IN THE SE 1/4 of SECTION 30, TAN., RJE., MERIDIAN, ADA COUNTY, IDAHO, 2014, BY AARON L. BALLARD, PLS, SHEET 1 OF 3," is conditionally approved subject to those conditions set forth in the staff report to the Mayor and City Council from the Planning Division and the Development ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR CASA BELLA SUBDIVISION (FP -14-016) Page 1 of 3 Services Division of the Public Works Department dated April 22, 2014, a true and correct copy of which is attached hereto marked "Exhibit A" and by this reference incorporated herein, and the response letter from Kirsti Allphin, a true and correct copy of which is attached hereto marked "Exhibit B" and by this reference incorporated herein. 2. The final plat upon which there is contained the certification and signature of the City Clerk and the City Engineer verifying that the plat meets the City's requirements shall be signed only at such time as: 2.1 The plat dimensions are approved by the City Engineer; and 2.2 The City Engineer has verified that all off-site improvements are completed and/or the appropriate letter of credit or cash surety has been issued guaranteeing the completion of off-site and required on-site improvements. NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAKINGS ANALYSIS The Applicant is hereby notified that pursuant to Idaho Code § 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521. An affected person being a person who has an ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR CASA BELLA SUBDIVISION (FP -14-016) Page 2 of 3 interest in real property which may be adversely affected by this decision may, within twenty- eight (2 8) days after the date of this decision and order, seek a judicial review pursuant to Idaho Code§ 67-52. By action of the City Council at its regular meeting held on the day of 2014. Tammy de eerd Mayor, City of Meridian Attest: J Cil}1 �f e E i i1 Jaycee Holman City Clerk F \ r TI _.. Copy served upon the Applicant, Planning Division, Public Works Department, and City Attorney. B� a � Dated: (o ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR CASA BELLA SUBDIVISION (FP -14-016) Page 3 of 3 STAFF REPORT Hearing Date: TO: FROM: SUBJECT: EXHIBIT A April 22, 2014 Mayor and City Council Bill Parsons, Associate City Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 FP -14-016 — Casa Bella I. APPLICATION SUMMARY The applicant, Providence Properties, LLC, has applied for approval of a final plat consisting of one (1) church lot, twenty-one (21) single-family residential lots and four (4) common lots on approximately 14.69 acres in the L -O and R-8 zoning districts. II. STAFF RECOMMENDATION Staff recommends approval of final plat (FP) application subject to the conditions noted below. These conditions shall be considered in full, unless expressly modified or deleted by motion of the City Council. III. PROPOSED MOTION Approval I move to approve File Number FP -14-016 as presented in the staff report for the hearing date of April 22, 2014, with the following modifications: (Add any proposed modifications.) Denial I move to deny File Number FP -14-016 as presented during the hearing on April 22, 2014, for the following reasons: (You should state specific reasons for denial.) Continuance I move to continue File Number FP -14-016 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance.) IV. APPLICATION AND PROPERTY FACTS A. Site Address/Location: The site is located on the west side of N. Locust Grove Road, midway between E. Chinden Boulevard and E. McMillan Road, in the SE'/4 of Section 30, Township 4 North, Range 1 East. (Parcel #50530417300) B. Applicant: Providence Properties, LLC 701 S. Allen Street, Suite #108 Meridian, ID 83642 C. Owner(s): Church of Jesus Christ of Latter-day Saints 50 E. North Temple Street Salt Lake City, UT 84150 Providence Properties, LLC 701 S. Allen Street, Suite #108 Meridian, ID 83642 Casa Bella — FP -14-016 PAGE 1 EXHIBIT A D. Representative: Kevin McCarthy, KM Engineering, LLP 9233 W. State Street Boise, Idaho 83714 V. STAFF ANALYSIS The proposed final plat consists of one (1) church lot, twenty-one (21) single-family residential lots and four (4) common lots on approximately 14.69 acres. The average lot size for the residential portion of the development is 7,184 square feet. The gross density of the development is 4.07 dwelling units per acre with a net density of 4.81 dwelling units per acre. The proposed open space consists of the Locust Grove street buffer, 8 -foot wide parkways and passive open space. Overall open space proposed for the development is 0.59 acres which totals approximately 11.6%. The open space is consistent with the overall project open space. Because the number of buildable lots is the same and the amount of common open space is the same, staff finds the proposed plat to be in substantial compliance with the approved preliminary plat as required by UDC 11 -6B -3C.2. VI. SITE SPECIFIC CONDITIONS 1. Applicant shall meet all terms of the approved rezone (RZ-13-013), preliminary plat (PP -13-032) and recorded development agreement (Instrument No. 108108426) for this subdivision. 2. The applicant has until January 7, 2016, to obtain City Engineer's signature on the final plat or apply for a time extension in accord with UDC 11-613-7. 3. Prior to submittal for the City Engineer's signature, have the Certificate of Owners and the accompanying acknowledgement signed and notarized. 4. Revise the notes on the face of the plat prepared by km Engineering, dated 03/17/14, prepared by Aaron L. Ballard, prior to signature on the final plat by the City Engineer, as follows: • Note #5: Add Common Lot 14, Block 1. • Add Note #18 — The bottom elevation of structural footings shall be set a minimum of 12 - inches above the highest established normal ground water elevation. 5. The applicant shall comply with the submitted landscape plan prepared by Baer Design Group, LLC, dated March 20, 2014, with the following changes: If the unimproved street right-of-way along N. Locust Grove Road is 10 feet or greater from the edge of pavement to edge of sidewalk or property line, and street widening project is not in the transportation authority's five year funded plan, the developer is required to maintain a 10 -foot wide compacted gravel shoulder meeting the construction standards of the transportation authority and landscape the remainder with lawn or other vegetative ground cover in accord with UDC 11-313-7C.5. The applicant shall include the existing landscape buffer developed on the church lot (Lot 13, Block 1) on the submitted landscape plan. The width of the landscape buffer shall be measured from the ultimate curb location as anticipated by ACRD. The detached 10 -foot wide multi -use pathway shall have an average minimum separation of greater than four feet (4') to back of curb. The revised landscape plan shall depict the ultimate right-of-way (curb location) as anticipated by ACRD to ensure the required 25 -foot landscape buffer is being provided in accord with UDC 11-313-7C. Casa Bella — FP -14-016 PAGE 2 EXHIBIT A The 8 -foot parkways along E. Strauss Drive and N. Midnight Haze Avenue may be installed at the time of lot development as set forth in UDC 11 -6C -3H. The parkways shall be planted in accord with UDC 11 -3A -17E and UDC 11 -3B -7C, The applicant shall add a note on the landscape plan stating the installation of the parkway will be done with lot development. The applicant shall enter into a license agreement for the right-of-way (ROW) landscaping and reference the recorded agreement on the face of the plat. ® Provide a detailed fence plan prior to signature on the final plat. ® Any landscaping near the construction zone must remain protected. ® All common open space and site amenities shall be maintained by a homeowner's association asset forth in UDC 11 -3G -3F1. Provide three (3) full size copies of landscape plan with the aforementioned changes prior to obtaining City Engineer's signature on the final plat. 6. Prior to signature of the final plat by the City Engineer, the applicant shall provide a letter from the United States Postal Service stating that the applicant has received approval for the location of mailboxes. Contact the Meridian Postmaster, Kimberly Cutler, at 887-1620 for more information. 7. Staff's failure to cite specific ordinance provisions or conditions from the preliminary plat does not relieve the applicant of responsibility for compliance. 8. Prior to the issuance of any new building permits, the property shall be subdivided in accordance with the UDC. 9. All fencing installed on the site must be in compliance with UDC 11-3A-6 and 11-3A-7. Temporary construction fencing to contain debris shall be installed at the subdivision boundary prior to release of building permits for this subdivision. 10. The applicant shall comply with the submitted home elevations approved with the preliminary plat. 11. Applicant shall be required to install a fine hydrant adjacent to the east edge of the right-of-way in lieu of a blow -off at the north end of N. Midnight Haze Avenue. 12. Prior to signature on the final plat, a public pedestrian easement for the multi -use pathway along Locust Grove Road shall be submitted to the Planning Division of the Community Development Department and approved by the City Council and recorded if located outside of the public right- of-way. VII. GENERAL REQUIREMENTS Sanitary sewer service to this development is available via extension of existing mains adjacent to the development. The applicant shall install mains to and through this subdivision; applicant shall coordinate main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub -grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2. Water service to this site is available via extension of existing mains adjacent to the development. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. 3. Street signs are to be in place, sanitary sewer and water system shall be approved and activated, fencing installed, drainage lots constructed, road base approved by the Ada County Highway Casa Bella — FP -14-016 PAGE 3 EXHIBIT A District (ACRD) and the Final Plat for this subdivision shall be recorded, prior to applying for building permits. 4. Upon installation of the landscaping and prior to inspection by Planning Department staff, the applicant shall provide a written certificate of completion as set forth in UDC 11 -3B -14A. 5. A letter of credit or cash surety in the amount of 110% will be required for all incomplete fencing, landscaping, amenities, pressurized irrigation, prior to signature on the final plat. The City of Meridian requires that the owner post with the City a performance surety in the amount of 125% of the total construction cost for all incomplete sewer, water infrastructure prior to final plat signature. This surety will be verified by a line item cost estimate provided by the owner to the City. The applicant shall be required to enter into a Development Surety Agreement with the City of Meridian. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Please contact Land Development Service for more information at 887- 2211. 7. The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20% of the total construction cost for all completed sewer, and water infrastructure for a duration of two years. This surety amount will be verified by a line item final cost invoicing provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Please contact Land Development Service for more information at 887-2211. 8. All development improvements, including but not limited to sewer, water, fencing, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy, or as otherwise allowed by UDC 11-5C-1. 9. Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to the issuance of a plan approval letter. 10. It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 11. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 12. Developer shall coordinate mailbox locations with the Meridian Post Office. 13. All grading of the site shall be performed in conformance with MCC 11-12-3H. 14. Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 15. The engineer shall be required to certify that the street centerline elevations are set a minimum of 3 -feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1 -foot above. 16. The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACRD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. 17. At the completion of the project, the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. Casa Bella — FP -14-016 PAGE 4 EXHIBIT A 18. 100 Watt and 250 Watt, high-pressure sodium street lights shall be required on all public roadways per the City of Meridian Improvement Standards for Street Lighting. All street lights shall be installed at developer's expense. Final design shall be submitted as part of the development plan set for approval, which must include the location of any existing street lights. Street lighting is required at intersections, corners, cul-de-sacs, and at a spacing that does not exceed that outlined in the Standards. The contractor's work and materials shall conform to the ISPWC and the City of Meridian Supplemental Specifications to the ISPWC. Contact the City of Meridian Transportation and Utility Coordinator at 898-5500 for information on the locations of existing street lighting. 19. The applicant shall provide easement(s) for all public water/sewer mains outside of public right of way (include all water services and hydrants). The easement widths shall be 20 -feet wide for a single utility, or 30 -feet wide for two. The easements shall not be dedicated via the plat, but rather dedicated outside the plat process using the City of Meridian's standard forms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement (on the form available from Public Works), a legal description, which must include the area of the easement (marked EXHIBIT A) and an 81/2" x 11" map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. 20. Applicant shall be responsible for application and compliance with and NPDES permitting that may be required by the Environmental Protection Agency. 21. Any existing domestic well system within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9 4 8 contact the City of Meridian Engineering Department at (208)898-5500 for inspections of disconnection of services. Wells may be used for non-domestic purposes such as landscape irrigation if approved by Idaho Department of Water Resources Contact Robert B. Whitney at (208)334-2190. 22. Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 8. Contact Central District Health for abandonment procedures and inspections (208)375-5211. 23. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 12-13-8.3). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single -point connection to the culinary water system shall be required. If a single -point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to development plan approval. V. EXHIBITS A. Vicinity Map B. Approved Casa Bella Subdivision (PP -13-032) C. Proposed Final Plat D. Proposed Landscape Plan Casa Bella — FP -14-016 PAGE 5 EXHIBIT A Exhibit A — Vicinity Map 0.15 0 0.075 Vicinity Map Miles Print Date: 411,1/2014 Casa Bella — FP -14-016 PAGE 6 EXHIBIT A Exhibit B — Approved Casa Bella Subdivision (PP -13-032) Casa Bella — FP -14-016 PAGE 7 CASA BELLA SUBDIVISION q PRELIMINARY PLAT }} MERIDIAN, IDAHO 4r OCTOBER 2013 INDEX OF DRAWINGS. ...-. ���� of I I� I I I I �� saF=r Nn slrccrirt�cF 31:5nIJIF .� r c^ n..v 'i - 71 s' c�1M=.wr (� � FccAxacuAlPrbv NOTES sj PAFUMk PIATDATA M —�KFZ 5 , ,�I [O(iTAR 14POAMAi�at__ E � � �I y � NWAv /Ift aur e an us • u. v. -m RYA � LL� � � {FGF}p� If ri >_ . ruww5uv l:mroa� 1 r--�-v ,� --- ] ELLAS CASA BEUASUBDIVISIONMd 11. ,r,.5 .,, Casa Bella — FP -14-016 PAGE 7 Exhibit C — Proposed Final Plat _.„----------------------' aua s/i• rRxv 1 Atl T 9 EE)I' i EXHIBIT A I I I F0.l M C3d.2itCOrtld I t VI ean6v. xeewn x I rasp Kw�lw c,o I Fcv ab u1. Iwieuv L ---t I ---------------------------- I I ----------------------- jL• ----------------------- I , 1 , I y — 13 I , etccX'� I I I I I I I r nsmun I I I � I I I I I I I I I I I I I I I I L—i 7 PLAT OF CASA BELLA SUBDIVISION IN so, SNEET INDEX SLEET I — 04ERALL !W80,V0011 MAP AND LEOEnv SHEET 2 — URTMATE Or OWNERS AD NOTES SHM 3 — CERTiriCATCS AND APPROVALS ® FOV0 M1v3llh/ SM 0 rouwO s/8' Rmki Lopno 'ns 3818' MM LOTFD GTI,M YC SEI 5/8' FCW tn7N F1A511C C* WPW ED HB 12159' sET 1/2” F— %M, PL " CM L6+ z 'AB 12'9' ® SEI EAASS PWG M*XED ALB 12459' A c&cuuTm Fara (ro71GN9 roam e2 sn) 2$ LOT WMGER ( I � — _ � SiEhrnSXa1 HJLRAURY lmff I l01 LPS sEnlal uNE AWAC'E10 LOT LM£ rASO rrR LBS Dfl MCE MUM M LVE I I � REFERENCES I Ri, T, R[O?n3a Cd FIl1 CO.-. C... M I � I E DEVELODEA PROVIDENCE PROPERTIES, LLC I I� MElLIPIAN, Iof.IW km I�119a9ref518¢5' aat U.y 6 1 22� asrrs - � Ea�'w:vnnE �rpaj�4WR4Y'C+�j• t r M P�pO nwiti,07rtHtn PFA Md+1r19011iiA1�.v40�}) 4pN L. BLT Dfl'i r1yE35 aIAAAAAAsa �. Zprl aH so Casa Bella — FP -14-016 PAGE 8 EXHIBIT A Exhibit A — Proposed Landscape Plan I M b I i s i I I II it II II II I; i� i t I I I i t J } y E STAAD31 O0.1VEf 1 t� !LANDSCAPE PLAN --__--_-- a 'Sup 0 a:ar.nar � 11 .. � � •r"Y�I R i t rwR A F'' F },fi�gg;; t�f 04: OF 7 (A � TREE FLAMING D -11L (j ) CONTER TREE PLANING AND STAKDIO OUXL Casa Bella — FP -14-016 PAGE 9 I ENGINEERING April 17, 2014 Project No.: 13-076 9233 WEST STATE STREET I BOISE, ID 83714 1 208.639.6939 1 FAX 208.639.6930 Community Development City of Meridian 33 East Broadway Avenue Meridian, ID 83642 RE: Casa Bella Subdivision — FP -14-016 Acceptance of Final Plat Conditions To Whom it May Concern: We are in receipt of the staff report for the above -referenced final plat application from Bill Parsons on April 15, 2014. Please accept this letter as formal acceptance of the conditions of approval contained therein. Should you have questions or need any further information in order to place this item on the Council's consent agenda for April 22, 2014, please contact our office as soon as possible. Sincerely, KM Engineering, LLP i Kirsti Allphin Development Assistant ENGINEERS I SURVEYORS I PLANNERS www.l<mengllp.com D 6,,2014 ITEM NUMBER: 5CC Development Agreement for Approval: AZ 13-012 Sagewood Subdivision by Sagewood Overland„ LLC Located on the South Side of W. Overland Road Approximately 650 Feet West of S. Stoddard Road. Request: Annexation of Approximately 16.34 Acres from R1 and RUT in Ada County to the L -O (Limited Office) (5.02 acres) and R-8 (Medium -Density Residential) (1 1.32 acres) Zoning Districts. MEETING NOTES MMEW Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS ADA COUNTY RECORDER Christopher D. Rich AMOUNT .00 48 BOISE IDAHO 05/08/14 09:35 AM DEPUTY Bonnie Oberbillig III I III I II I II III II I I'lllll l l ll'lII III RECORDED -REQUEST OF Meridian City 114034783 DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. Sagewood Overland, LLC, and Corona LLC, Owners/Developers THIS DEVELOPMENT AGREEMENT (this Agreement), is made and entered into this U day of --PAJ , 20 A by and between City of Meridian, a municipal corporation of the State of Idaho, hereafter called CITY, and Sagewood Overland, LLC, whose address is 1735 W. Millennium Way, Meridian, ID 83642, and Corona LLC, whose address is 1195 W. Overland Road, Meridian, Idaho 83642, hereinafter called OWNERS/DEVELOPERS. 1. RECITALS: 1.1 WHEREAS, Owners/Developers are the sole owners, in law and/or equity, of certain tract of land in the County of Ada, State of Idaho, described in Exhibit "A" for each owner, which is attached hereto and by this reference incorporated herein as if set forth in full, herein after referred to as the Property; and 1.2 WHEREAS, Idaho Code § 67-6511A provides that cities may, by ordinance, require or permit as a condition of re -zoning that the Owners/Developers make a written commitment concerning the use or development of the subject Property; and 1.3 WHEREAS, City has exercised its statutory authority by the enactment of Section 11-513-3 of the Unified Development Code ("UDC"), which authorizes development agreements upon the annexation and/or re -zoning of land; and 1.4 WHEREAS, Owners/Developers have submitted an application for annexation and re -zoning of the Property described in Exhibit "A", requesting a designation L -O (Limited Office District) and R-8 (Medium Density Residential District) under the UDC and generally describing how the Property will be developed and what improvements will be made; and 1.5 WHEREAS, Owners/Developers made representations at the public hearings both before the Meridian Planning & Zoning Commission and before the Meridian City Council, as to how the subject Property will be developed and what improvements will be made; and DEVELOPMENT AGREEMENT - SAGEWOOD SUBDIVISION AZ -13-012 PAGE 1 OF 10 1.6 WHEREAS, the record of the proceedings for the requested annexation and zoning designation of the subject Property held before the Planning & Zoning Commission, and subsequently before the City Council, include responses of government subdivisions providing services within the City of Meridian planning jurisdiction, and received further testimony and comment; and 1.7 WHEREAS, City Council, the 3rd day of December, 2013, the Meridian City Council approved certain Findings of Fact and Conclusions of Law and Decision and Order ("Findings"), which have been incorporated into this Agreement; and 1.8 WHEREAS, the Findings require the Owners/Developers to enter into a Development Agreement before the City Council takes final action on annexation and zoning designation; and 1.9 WHEREAS, Owners/Developers deem it to be in their best interest to be able to enter into this Agreement and acknowledges that this Agreement was entered into voluntarily and at their urging and requests; and 1.10 WHEREAS, the Owner/Developer of approximately 45 residential units and pursuant to the Plat on file and approved is Sagewood Overland, LLC, and the Owner/Developer of the 1.9 acres of said Plat which is to be built out in the future as office buildings is Corona LLC; and 1.11 WHEREAS, both Owners/Developers are desirous of insuring that the liability and responsibility for the development of the Property shall run with each Owner/Developer and each Owner/Developer will only be responsible for any and all liabilities and duties relating to its portion of the Development. 1.12 WHEREAS, City requires the Owners/Developers to enter into a development agreement for the purpose of ensuring that the Property is developed and the subsequent use of the Property is in accordance with the terms and conditions of this Agreement, herein being established as a result of evidence received by the City in the proceedings for zoning designation from government subdivisions providing services within the planning jurisdiction and from affected property owners and to ensure re- zoning designation is in accordance with the amended Comprehensive Plan of the City of Meridian on April 19, 2011, Resolution No. 11-784, and the Zoning and Development Ordinances codified in Meridian Unified Development Code, Title 11. DEVELOPMENT AGREEMENT - SAGEWOOD SUBDIVISION AZ -13-012 PAGE 2 OF 10 NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 2. INCORPORATION OF RECITALS: That the above recitals are contractual and binding and are incorporated herein as if set forth in full. 3. DEFINITIONS: For all purposes of this Agreement the following words, terms, and phrases herein contained in this section shall be defined and interpreted as herein provided for, unless the clear context of the presentation of the same requires otherwise: 3.1 CITY: means and refers to the City of Meridian, a party to this Agreement, which is a municipal Corporation and government subdivision of the state of Idaho, organized and existing by virtue of law of the State of Idaho, whose address is 33 East Broadway Avenue, Meridian, Idaho 83642. 3.2 OWNERS/DEVELOPERS: means and refers to Sagewood Overland, LLC, whose address is 1735 S. Millennium Way, Meridian, Idaho 83642 and Corona LLC, whose address is 1195 W. Overland Road, Meridian, Idaho 83642, the parties that own and are developing said Property and shall include any subsequent owner(s) or developer(s) of the Property. 3.3 PROPERTY and/or PROPERTIES: means and refers to that certain parcel(s) of Property located in the County of Ada, City of Meridian as described in Exhibit "A" describing the parcels to be re -zoned L -O (Limited Office District) and R-8 (Medium Density Residential District) attached hereto and by this reference incorporated herein as if set forth at length. That portion of the Plat re -zoned as L -O consists of 1.9 acres and is the responsibility of Owner/Developer Corona LLC and the real property described on Exhibit "A" designated R-8 is the responsibility of Owner/Developer Sagewood Overland, LLC. 4. USES PERMITTED BY THIS AGREEMENT: This Agreement shall vest the right to develop the Property in accordance with the terms and conditions of this Agreement. 4.1 The uses allowed pursuant to this Agreement are only those uses allowed under City's Zoning Ordinance codified at Meridian Unified Development Code. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. DEVELOPMENT AGREEMENT - SAGEWOOD SUBDIVISION AZ -13-012 PAGE 3 OF 10 5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 5.1. Owner/Developer shall develop the Property in accordance with the following special conditions: A. Owners/Developers shall comply with the submitted home elevations, attached hereto as Exhibit C. B. Future development of the office lots shall comply with the submitted concept plan attached hereto as Exhibit D, the design standards listed in UDC 11-3A-19 and the guidelines contained in the Meridian Design Manual. C. A cross-access/ingress-egress easement shall be granted to the properties to the west and the east (parcels S1224223106 and R2928160100) as shown on the submitted concept plan. A recorded copy of said easement shall be submitted with the first Certificate of Zoning Compliance application for the site or a note added to the face of the plat that references the recorded cross access agreement. D. Sanitary sewer service for this development shall be from an extension of the existing main stub in W. Overland Road adjacent to the Harden Drain. The master planned routing traverses along the Harden Drain, across neighboring property (parcel #S1224336106). The owners/developers will be responsible for the acquisition of the necessary temporary construction easement and permanent easements, as well as the construction of this off-site main. E. This development shall connect to the existing domestic water main in W. Overland Road at the intersection of S. Sagewood Avenue. The preliminary plat also shows a future connection to the south into the future Meridian School District Middle School parcel, and two other future connections to the parcel adjacent to the west. Until such time as another water main connection can be made or a second connection is made to the Overland Road main, this development shall be restricted to the construction of no more than 25 lots, unless this number of lots is increased in future action of the City Council. F. The existing residential use located on Lot 1, Block 1 is a non -conforming use in the L -O zoning district and shall be demolished upon redevelopment of the site. The non -conforming use may continue as long as the existing home is owner occupied and the property is sold in the future for commercial development consistent with the approved office concept plan. The expansion or extension of the non -conforming use shall be subject to the provisions listed in UDC 1 I -1B-4. DEVELOPMENT AGREEMENT - SAGEWOOD SUBDIVISION AZ -13-012 PAGE 4 OF 10 6. DEFAULT/CONSENT TO DE -ANNEXATION AND REVERSAL OF ZONING DESIGNATION: 6.1 Acts of Default. In the event that either of the Owners/Developers, or Owners'/Developers' heirs, successors, assigns, or subsequent owners of their respective Property or any other person acquiring an interest in the Property, fail to faithfully comply with all of the terms and conditions included in this Agreement in connection with the Property, this Agreement may be terminated by the City upon compliance with the requirements of the Zoning Ordinance. 6.2 Notice and Cure Period. In the event of either of the Owners/Developers' default in the performance of their portion of this Agreement, Owners/Developers shall have thirty (30) days from receipt of written notice from City to initiate commencement of action to correct the breach and cure the default, which action must be prosecuted with diligence and completed within one hundred eighty (180) days; provided, however, that in the case of any such default that cannot with diligence be cured within such one hundred eighty (180) day period, then the time allowed to cure such failure may be extended for such period as may be necessary to complete the curing of the same with diligence and continuity. 6.3 Remedies. In the event of default by Owners/Developers that is not cured after notice as described in Section 7.2, Owners/Developers shall be deemed to have consented to modification of this Agreement and de - annexation and reversal of the zoning designations described herein, solely against the offending portion of Property and upon City's compliance with all applicable laws, ordinances and rules, including any applicable provisions of Idaho Code §§ 67-6509 and 67-6511. Owners/Developers reserves all rights to contest whether a default has occurred. This Agreement shall be enforceable in the Fourth Judicial District Court in Ada County by either City or Owners/Developers, or by any successor or successors in title or by the assigns of the parties hereto. Enforcement may be sought by an appropriate action at law or in equity to secure the specific performance of the covenants, agreements, conditions, and obligations contained herein. 6.4 Delay. In the event the performance of any covenant to be performed hereunder by either Owners/Developers or City are delayed for causes that are beyond the reasonable control of the party responsible for such performance, which shall include, without limitation, acts of civil disobedience, strikes or similar causes, the time for such performance shall be extended by the amount of time of such delay. DEVELOPMENT AGREEMENT - SAGEWOOD SUBDIVISION A2r13-012 PAGE 5 OF 10 6.5 Waiver. A waiver by City of any default by Owners/Developers of any one or more of the covenants or conditions hereof shall apply solely to the default and defaults waived and shall neither bar any other rights or remedies of City nor apply to any subsequent default of any such or other covenants and conditions. 7. INSPECTION: Owners/Developers shall, immediately upon completion of any portion or the entirety of said development of the Property as required by this Agreement or by City ordinance or policy, notify the City Engineer and request the City Engineer's inspections and written approval of such completed improvements or portion thereof in accordance with the terms and conditions of this Agreement and all other ordinances of the City that apply to said Property. 8. REQUIREMENT FOR RECORDATION: City shall record either a memorandum of this Agreement or this Agreement, including all of the Exhibits, and submit proof of such recording to Owners/Developers, prior to the third reading of the Meridian Zoning Ordinance in connection with the re -zoning of the Property by the City Council. If for any reason after such recordation, the City Council fails to adopt the ordinance in connection with the annexation and zoning of the Property contemplated hereby, the City shall execute and record an appropriate instrument of release of this Agreement. 9. ZONING: City shall, following recordation of the duly approved Agreement, enact a valid and binding ordinance zoning the Property as specified herein. 10. SURETY OF PERFORMANCE: The City may also require surety bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under Meridian City Code § 11-5-C, to insure that installation of the improvements, which the Owners/Developers agree to provide, if required by the City. 11. CERTIFICATE OF OCCUPANCY: No Certificates of Occupancy shall be issued in any phase in which the improvements have not been installed, completed, and accepted by the City. 12. ABIDE BY ALL CITY ORDINANCES: That Owners/Developers agree to abide by all ordinances of the City of Meridian and the Property shall be subject to de -annexation if the owner or his assigns, heirs, or successors shall not meet the conditions contained in the Findings of Fact and Conclusions of Law, this Development Agreement, and the Ordinances of the City of Meridian. 13. NOTICES: Any notice desired by the parties and/or required by this Agreement shall be deemed delivered if and when personally delivered or three (3) days after, deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: DEVELOPMENT AGREEMENT - SAGEWOOD SUBDIVISION AZ -13-012 PAGE 6 OF 10 CITY: City Clerk City of Meridian 33 E. Broadway Ave. Meridian, ID 83642 with copy to: City Attorney City of Meridian 33 E. Broadway Avenue Meridian, ID 83642 OWNERS/DEVELOPERS: Sagewood Overland, LLC 1735 S. Millennium Way Meridian, Idaho 83642 Corona LLC 1195 W. Overland Road Meridian, Idaho 83642 13.1 A party shall have the right to change its address by delivering to the other party a written notification thereof in accordance with the requirements of this section. 14. ATTORNEY FEES: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorney's fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 15. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of and a default under this Agreement by the other party so failing to perform. 16. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including City's corporate authorities and their successors in office. This Agreement shall be binding on the Owners/Developers of the Property, each subsequent owner and any other person acquiring an interest in the Property. Nothing herein shall in any way prevent sale or alienation of the Property, or portions thereof, except that any sale or alienation shall be subject to the provisions hereof and any successor owner or owners shall be both benefited and bound by the conditions and restrictions herein expressed. City agrees, upon written request of Owners/Developers, to execute appropriate and recordable evidence of termination of this Agreement if City, in its sole and reasonable discretion, had determined that Owners/Developers have fully performed its obligations under this Agreement. DEVELOPMENT AGREEMENT - SAGEWOOD SUBDIVISION AZ -13-012 PAGE 7 OF 10 17. INVALID PROVISION: If any provision of this Agreement is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this Agreement and the invalidity thereof shall not affect any of the other provisions contained herein. 18. DUTY TO ACT REASONABLY: Unless otherwise expressly provided, each party shall act reasonably in giving any consent, approval, or taking any other action under this Agreement. 19. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements, condition and understandings between Owners/Developers and City relative to the subject matter hereof, and there are no promises, agreements, conditions or understanding, either oral or written, express or implied, between Owners/Developers and City, other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to City, to a duly adopted ordinance or resolution of City. 19.1 No condition governing the uses and/or conditions governing re -zoning of the subject Property herein provided for can be modified or amended without the approval of the City Council after the City has conducted public hearing(s) in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. 20. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in connection with the annexation and zoning of the Property and execution of the Mayor and City Clerk ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. OWNER/DEVELOPER: S GEWOOD OVERLAND, LLC ,� �. - By: CORONA L By: a er King DEVELOPMENT AGREEMENT - SAGEWOOD SUBDIVISION AZ -13-012 PAGE 8 OF 10 ATTEST: City Clerk STATE OF IDAHO ) : ss County of Ada CITY OF MERIDIAN By: Mayor Ta6de Weerd Cit -� CEkil�T AHO 5 r SEAL 9T c fy he TRE 1cdC'�V On this G day of ��� , 20A, before me, a Notary Public, personally appeared Tammy de Weerd dan Jaycee L. Holman, know or identified to me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the instrument of behalf of said City, and acknowledged to me that such City executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. g1,•••••• (SEAL) ; •CAJOS••• ��g,, OS `� ' `� • • tary Public for Idaho Residing at: Ocrk(A Commission expires: IDC)DO DEVELOPMENT AGREEMENT - SAGEWOOD SUBDIVISION AZ -13-012 PAGE 9 OF 10 STATE OF IDAHO, ): ss /� County of Ada, ) 4✓J`� _ On this��' �` day of , 2014, before me, the undersigned, a Notary Public in and for said State, persona y appeared %�l fry- /�Qt��t-� M known or identified to me to the / of Sagewood Overland, LLC who signed above and acknowledged to me that he executed the same on behalf of said Corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. STATE OF IDAHO, My Commission ): ss County of Ada, ) th On this A— day of h i , 2014, before me, the undersigned, a Notary Public in and for said State, personally appeared Dexter King, known or identified to me to a member of Corona LLC, who signed above and acknowledged to me that he executed the same on behalf of said Corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. (SEAL) 6�n x, 0,'4� Notary Public f Idah KAREN L WEYBRIGHT4—' Notary Public Residing at: Statc of Idaho My Commission Expires: DEVELOPMENT AGREEMENT – SAGEWOOD SUBDIVISION AZ -13-012 PAGE 10 OF 10 Legal Description EXHIBIT A DFSCRIP7•ION FOR I, -O ZONE PROPOSED SAGEWOOD SUBDIVISION August 13, 2013 A parcel of land located in the NW'/, of Section 24,T. 3 N., It 1 W., B.M., Ada County, Idaho, more particularly described as ibllows: Commencing at the N'/. corner of the said Section 24, from which the NW corner of said section bears North 89°07'22" West, 2655.691'ect; thence along the north boundary of the NW'A of said section North 89°07'22" West, 677.82 feet to a point on the prolongation of the westerly boundary of Frecdomworks Subdivision, as shown in Book 103 of Plats on Page 13910, records of Ada County, Idaho, Clic POINT OF BEGINNING; Thence along said westerly boundary and prolongation thereof South 00°41'28" West, 337.43 feet; '-hence North 89°00'00" West, 648.76 feet; Thence North 00°54'09" East, 7.31 feet; -hence North 00028'27" Gast, 328.74 feet to a 5/8 inch diameter iron pin on the north boundary of the NW'/. of said Section 24; Thence along said north boundary South 89007'22" East, 649.97 feet the POINT OF BEGINNING. Containing 5.02 acres, morn or less. 120726-".des.docx Sagewood Subdivision— AZ -13-012 EXHIBIT A August 13, 2013 DESCIUPTION FOR 12-8 ZONE PROPOSED SAGEWOOD SUBDIVISION A parcel of land located in the NW �/4 of Section 24, T. 3 N., R I W., B.M., Ada County, Idaho, more particularly described as follows: Commencing at the N % corner of the said Section 24, from which the NW coroner of said section bears Nortl189°07'22" West, 2655.69 feet; thence along the nortil boundary of the NW '/, of said section North 89°07'22" West, 677.82 feet to a Out on the prolongation of the westerly boundary of Freedomworks Subdivision, as shown in hook 103 of Plats on Page 13910, records of Ada County, Idaho; thence leaving said north boundary and along said westerly boundary and prolongation thereof South 00°41'28" West, 337.43 feet to the POINT OF BEGINNING; Thence continuing South 00°41'28" West along said westerly boundary and prolongation thereof 763.50 feet to it 5/8 inch diameter iron pin; Thence Nortli 88013'33" West, 186.95 feet to a.5/8 inch diameter iron pin; Thence North 87056'1 Sr' West, 464.74 feet to a point being witnessed by a 5/8 inch diameter iron pin that bears South 87°56' 19" East, 3.00 feet; Tlience North 00054'09" Fast, 752.35 feet; Tlienee South 89°00'00" [last, 648.76 feet to the POINT OF BEGINNING. Containing 11.32 acres, more or less. 120726-R-8.dcs.docx Sagewood Subdivision— AZ -13-012 CITY OF MERIDIAN E IDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW �.'� AND DECISION & ORDER In the Matter of the Request for Annexation of 16.34 Acres with the L -O (5.02 Acres) and R-8 (11.32 Acres) Zoning Districts AND Preliminary Plat Consisting of Two (2) Office Lots, Forty-five (45) Single -Family Residential Building Lots and Eight (8) Common Lots on 15.62 Acres for Sagewood Subdivision, Located on the South side of N. Meridian Road; Approximately 650 feet West of S. Stoddard Road, by Sagewood Overland LLC. Case No(s). AZ -13-012; PP -13-026 For the City Council Hearing Date of. November 19, 2013 (Findings on December 3, 2013) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of November 19, 2013, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of November 19, 2013, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of November 19, 2013, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of November 19, 2013, incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted April 19, 2011, Resolution No. 11-784 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A. 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -13-012 & PP -13-026 -1- 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of November 19, 2013, incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11-5A and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's request for annexation and preliminary plat is hereby approved per the conditions of approval in the attached Staff Report for the hearing date of November 19, 2013, attached as Exhibit A. D. Notice of Applicable Time Limits Notice of Preliminary Plat Duration Please take notice that approval of a preliminary plat, combined preliminary and final plat, or short plat shall become null and void if the applicant fails to obtain the city engineer's signature on the final plat within two (2) years of the approval of the preliminary plat or the combined preliminary and final plat or short plat (UDC 11-613-7A). In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of two (2) years, may be considered for final approval without resubmission for preliminary plat approval (UDC 11-0-713). Upon written request and filed by the applicant prior to the termination of the period in accord with 11 -6B -7.A, the Director may authorize a single extension of time to obtain the City Engineer's signature on the final plat not to exceed two (2) years. Additional time extensions up to two (2) years as determined and approved by the City Council may be granted. With all extensions, the Director or City Council may require the preliminary plat, combined preliminary and final plat or short plat to comply with the current provisions of Meridian City Code Title 11. If the above timetable is not met and the applicant does not receive a time extension, the property shall be required to go through the platting procedure again (UDC 11- 6B -7C). Notice of Two (2) Year Development Agreement Duration The development agreement shall be signed by the property owner and returned to the City within two (2) years of the City Council granting annexation and/or rezone (UDC 11-513-31)). A modification to the development agreement may be initiated prior to signature of the agreement by all parties and/or may be requested to extend the time allowed for the agreement to be signed and returned to the City if filed prior to the end of the two (2) year approval period (UDC 11-513-3F). CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -13-012 & PP -13-026 -2- E. Notice of Final Action and Right to Regulatory Takings Analysis 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, denial of a development application entitles the Owner to request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. 2. Please take notice that this is a final action of the governing body of the City of Meridian. When applicable and pursuant to Idaho Code § 67-6521, any affected person being a person who has an interest in real property which may be adversely affected by the final action of the governing board may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. F. Attached: Staff Report for the hearing date of November 19, 2013 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -13-012 & PP -13-026 -3- By action of the City Council at its regular meeting held on theday of2- 2013. COUNCIL PRESIDENT BRAD HOAGLUN COUNCIL VICE PRESIDENT CHARLIE ROUNTREE COUNCIL MEMBER DAVID ZAREMBA COUNCIL MEMBER KEITH BIRD MAYOR TAMMY de WEERD (TIE BREAKER) Attest: City Clerk Copy served upon Applicant, The Planninglye B�6-0 Ci� lerk's Of ce W VOTED VOTED. VOTED VOTED_�"— VOTED Public Works Department and City Attorney. Dated: 1 a l 4 � aol l— CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -13-012 & PP -13-026 -4- 1iDA§10 9 Copy served upon Applicant, The Planninglye B�6-0 Ci� lerk's Of ce W VOTED VOTED. VOTED VOTED_�"— VOTED Public Works Department and City Attorney. Dated: 1 a l 4 � aol l— CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -13-012 & PP -13-026 -4- EXHIBIT A STAFF REPORT Hearing Date: November 19, 2013 E IDIAN' TO: Mayor and City Council ; FROM: Bill Parsons, Associate City Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: Sagewood Subdivision — AZ -13-012 and PP -13-026 I. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant has applied for annexation and zoning (AZ) of 16.34 acres of land from RUT and R1 in Ada County to the L -O (Limited Office)(5.02 acres) and R-8 (Medium Density Residential)(I 1.32 acres) zoning districts. A preliminary plat (PP) is also proposed consisting of two (2) office lots, forty-five (45) single-family detached residential building lots and eight (8) common lots on approximately 15.62 acres of land in the proposed L -O and R-8 zoning districts. See Section IX of the staff report for more information. II. SUMMARY RECOMMENDATION Staff recommends approval of the annexation (AZ) and preliminary plat (PP) with the conditions of approval in Exhibit B in accord with the Findings of Fact and Conclusions of Law in Exhibit D. The Meridian Planning and Zoning Commission heard these items on October 17 2013 At the public hearing, the Commission voted to recommend approval of the subiect AZ and PP requests. a. Summary of Commission Public Hearing: i. In favor: Becky McKay ii. In opposition: None iii. Commenting: None iv. Written testimony: Becky McKay v. Staff presenting application: Bill Parsons vi. Other staff commenting on application: None b. Key Issues) of Discussion by Commission: i. None c. Key Commission Change(s) to Staff Recommendation (See Exhibit B) i. Commission modified DA provision E to reflect the changes in the Public Works condition of approval 2.1.2 ii. Commission modified conditions 1.2.1 bullet #3 to allow the existing home (non conforming use) to remain on the office Lot 1 Block 1 on redevelopment iii. Commission modified Public Works conditions of aPDroval 2.1.2,2-.1.3 and 2.1.4 based on the memo prepared by Bruce Freckleton and written comments provided by the applicant; agreed upon by the Land Development Division d. Outstanding Issues) for City -Council: i. The applicant is seeking Council's to approval to reduce the required 20 foot wide landscape buffer width alone the west boundary as depicted on the concept plan (Lot 1 Block 1). Staff is supportive of the applicant's request Sagewood Subdivision — AZ -13-012 & PP -13-026 PAGE 1 EXHIBIT A ii. Allowing the existing home (non -conforming= use) to remain on Lot 1 Block 1 until the property redevelops. The Commission has forwarded on a recommendation that the home remain until the property redevelops The Meridian City o uncil h aryl these items on November 19 2013, At the public hearing, Council approved the subject AZ and PP request. .ate Summall of CRY Council Public Haring; .L In favor: Becky McKay & In opposition: None 1i1. Commenting• Dexter Kin iy, Written testimony: None Staff presenting application: Bill Parsons. YL Other staff commenting on application: Kyle Radek and Bill Nary L_ Key Issues of Discussion by -Council: L Restriction on the number of lots d .velonin prior to the connection of a secondary water source. & ExialinaxgAdenfial use remaining on Lot, Block 1 until r .d v lopm nt s.Key Council Changes to S aff/Commissian 7?ernmm_ endation(see Exh I. Council added a DA nrovi ion F and modified condition of approval 1.2.1, bullet # . lowing the existing home to remain on Lot 1. Block 1 until redmlopment nrovid d the home is owner occupied and the prop rtv is sold in the future for commercia development. & Council approved the reduced buffer width along the west boundary of Lotl. Block 1 as depicted on the proposed oncept plan U At the public hearing. Public Works testffified that a second connection to the wat r mai Overland Road would 1prov*de the redundant water source o c ry the development. DA provision F, and condition of approval 2.1.2 were modified to -reflect e public testimony. III. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to approve File Numbers AZ -13- 012 and PP -13-026, as presented in the staff report for the hearing date of November 19, 2013, with the following modifications: (Add any proposed modifications). Denial After considering all staff, applicant and public testimony, I move to deny File Numbers AZ -13-012 and PP -13-026, as presented during the hearing on November 19, 2013, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Numbers AZ -13-012 and PP -13-026 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance.) IV. APPLICATION AND PROPERTY FACTS A. Site Address/Location: (Parcel #'s: S1224212601, S1224212720 and S1224212805) The site is located on the south side of W. Overland Road; approximately 650 feet west of S. Stoddard Road in the northwest'/4 of Section 24, Township 3 North, Range l West. B. Applicant/Owner(s): Sagewood Overland, LLC Dexter King Sagewood Subdivision— AZ -13-012 & PP -13-026 PAGE 2 EXHIBIT A 1735 S. Millennium Way 1195 W. Overland Road Meridian, ID 83642 Meridian, ID 83642 C. Representative: Becky McKay, Engineering Solutions, LLP 1029 N. Rosario Street, Suite # 100 Meridian, Idaho 83642 D. Applicant's Statement/Justification: Please see applicant's narrative for this information. V. PROCESS FACTS A. The subject application is for annexation and a preliminary plat. A public hearing is required before the Planning and Zoning Commission and City Council on this matter, consistent with Meridian City Code Title 11, Chapter 5. B. Newspaper notifications published on: September 30, and October 14, 2013(Commission); October 28, and November 11, 2013 (Council) C. Notices mailed to property owners within 300 feet on: September 26, 2013(Commission); October 24, 2013 (Council) D. Applicant posted notice on site(s) on: October 4, 2013 (Commission); November 8, 2013 Council VL LAND USE A. Existing Land Use(s): The properties are developed with county residences and several outbuildings which will be removed with the development of the property. B. Character of Surrounding Area and Adjacent Land Use and Zoning: North: Vacant commercial property, zoned C -G South: Agriculture and Idaho Power substation, zoned RUT (Ada County) East: Developed commercial property and Idaho Power substation, zoned C -G and RUT (Ada County) West: Single family residences, zoned R-2 and RUT (Ada County) C. History of Previous Actions: The King property had a pending annexation application (AZ -11- 003) with the City. The request was withdrawn prior to Council approving the annexation request. D. Utilities: a. Location of sewer: Sanitary sewer intended to serve the subject development must traverse along the Harden Drain, across a neighboring property. The applicant will be responsible for the acquisition of the necessary temporary construction easement and permanent easements, as well as the construction of this off-site main. b. Location of water: A water main intended to provide service to the subject development exists at the intersection of the proposed road connection to Overland road. c. Issues or concerns: Failure to obtain the necessary easements for the construction of the sanitary sewer would essentially render this development unviable. This development as proposed only connects to one existing water main, and therefore a restriction will be imposed to limit the construction of no more than 25 lots until a second water main Sagewood Subdivision— AZ -13-012 & PP -13-026 PAGE 3 EXHIBIT A connection can be accomplished, unless this number of lots is increased in the future by action of the City Council. E. Physical Features: Canals/Ditches Irrigation: The Hardin Drain bisects the property and will be tiled with the development of the property. 2. Hazards: Staff is not aware of any hazards that may exist on the property. 3. Flood Plain: This property does not lie within the floodplain or flood way. VII. COMPREHENSIVE PLAN POLICIES AND GOALS This property is designated Medium Density Residential (MDR) on the Comprehensive Plan Future Land Use Map (FLUM). The MDR designation allows smaller lots for residential purposes within City limits. Uses typically include single family homes at densities of 3 to 8 dwelling units per acre. The proposed preliminary plat includes two (2) office lots and forty-five (45) single-family lots on approximately 15.62 acres. The residential portion of the development (11.32 acres) has a gross density of 3.97 units to the acre consistent with both MDR land use designation and UDC density requirements of the requested R-8 zone. In conjunction with the proposed residential development, the applicant is proposing to develop a neighborhood office park to buffer the residential use from W. Overland Road and the adjacent commercial develop to the east and north. The property to the east is designated Mixed -Use Neighborhood. Although this property is not specifically designated as mixed use, the adjacent land use can be used to support the requested office and residential development. Specifically, the mixed use designation requires a minimum of three different land uses. The property to the east is developed with a self -storage facility, a commercial building and 2.5 acres of undeveloped commercial property that may develop with more intense commercial uses. The proposed development will add a neighborhood office component and a residential component to the area to enhance the mixed use neighborhood concept. Staff finds the requested L -O zone and proposed development to be consistent with the comprehensive plan. Staff also finds the following Comprehensive Plan policies to be applicable to this application and the proposed use of this property (staff analysis in italics): • Require that development projects have planned for the provision of all public services. (6.02.01B) When the City established its Area of City Impact, it planned to provide City services to the subject property. The City of Meridian currently provides municipal services to the subject property in the following manner: ➢ The lands are currently being serviced by the Meridian Fire Department (MFD). ➢ The lands are currently being serviced by the Meridian Police Department (MPD). ➢ The roadways adjacent to the subject lands are currently owned and maintained by the Ada County Highway District (ACHD). This service will not change. ➢ The subject lands are currently serviced by the Meridian School District 92. This service will not change. ➢ The subject lands are currently serviced by the Meridian Library District. This service will not change. Municipal, fee -supported, services are available from the Meridian Community Development Department, the Meridian Public Works Department, the Meridian Wastewater Department, Meridian Utility Billing Services, and Republic Services. Sagewood Subdivision — AZ -13-012 & PP -13-026 PAGE 4 EXHIBIT A Require usable open space to be incorporated into new residential subdivision plats. (3.07.02A) The proposed development depicts a 1.12 acre park with a covered picnic area internal to the development consistent with this goal. • Provide a walkable community through good design (2.01.0IA). An internal walkway is proposed within the park that links the residential portion of the development with the office park and a micropath lot is proposed to a future school to the south. • Support a variety of residential categories (low-, medium-, medium-high and high-density single- family, multi -family, townhouses, duplexes, apartments, condominiums, etc.) for the purpose of providing the City with a range of affordable housing opportunities (3.07.01 E). The surrounding Bear Creek Subdivision (East) and the newly platted Fall Creek Subdivision (south) have and will develop with a mix of larger single family lots with slightly lower gross densities. Staff finds the proposed medium density residential development will contribute to a mix of housing options within this area of Meridian. • Permit new development where urban services can be reasonably provided at the time of final approval and development is continuous to the City (3.01.01 F). City services must be extended by the developer. The sewer extension is predicated on the applicant obtaining a sewer easement from the property to the west. Further, the number of homes constructed within the development may be limited due to the inability to provide a looped water system within the development until adjacent properties develop in the future. The applicant is aware of these issues and will continue to coordinate with the Public Works Department. • Require common area in all subdivisions. (3.07.02F) The applicant is required to provide a minimum of 10% qualified open space for the residential portion of the development in accord UDC 11-3G-3. The plat depicts 14.2% (or 1.61 acres) of qualified open space in compliance with this requirement. The majority of the open space consists of 8 foot wide parkways and a 1.12 acre park. • Require appropriate landscaping and buffers along transportation corridors (setbacks, vegetation, low walls, beans, etc.) (3.06.02F). Street buffer landscaping is required adjacent to W Overland Road and S. Sagewood Avenue in accord with the standards listed in UDC 11 -3B -7C. Further, a 20 foot wide landscape buffer is required between the office uses and the residential uses in accord with the standards listed in UDC 11 -3B -9C. Fencing shall comply with the standards listed in UDC 11-3A-7. • Require street connections between subdivisions at regular intervals to enhance connectivity and better traffic flow (3.03.03C). The main entrance into the development is from W. Overland Road via S. Sagewood Avenue. For fuiture connectivity, the applicant is proposing two (2) stub streets along the west boundary of the property and cross access is also being provided to the property to the west and east for fuiture connectivity in the office park. Stafffinds the applicant is complying with the access standards set forth in UDC 11-3A-3. • Require screening and buffering of commercial and industrial properties to residential use with transitional zoning (3.06.01G). As mentioned earlier, the applicant envisions this develop being an extension of the mixed use development to the east. The residential portion of the development is adjacent to a se f storage Sagewood Subdivision — AZ -13-012 & PP -13-026 PAGE 5 EXHIBIT A facility which is enclosed by metal structures. The office park is proposed to provide a transition between W. Overland Road and the commercial property to the east. • Reduce the number of existing access points onto arterial streets by using methods such as cross access agreements, access management and frontage/backage roads (3.03.02N). See analysis above, bullet # 8. For the above stated reasons, staff is of the opinion the proposed project is consistent with the goals and objectives in the Comprehensive Plan. VIII. UNIFIED DEVELOPMENT CODE (UDC) A. Purpose Statement of Zone(s): LIMITED OFFICE DISTRICT (L -O) - The purpose of the Commercial Districts is to provide for the retail and service needs of the community in accord with the Meridian Comprehensive Plan. Six Districts are designated which differ in the size and scale of commercial structures accommodated in the district, the scale and mix of allowed commercial uses, and the location of the district in proximity to streets and highways. MEDIUM- DENSITY RESIDENTIAL DISTRICT (R-8): - The purpose of the residential districts is to provide for a range of housing opportunities consistent with the Meridian Comprehensive Plan. Residential districts are distinguished by the allowable density of dwelling units per acre and corresponding housing types that can be accommodated within the density range. B. Schedule of Use: Table l 1-2B-2 lists the principal permitted (P), accessory (A), conditional (C), and prohibited (-) uses in the L -O zoning district. Table 11-2A-2 lists the principal permitted (P), accessory (A), conditional (C), and prohibited (-) uses in the R-8 zoning district. Any use not explicitly listed, or listed as a prohibited use is prohibited. C. Dimensional Standards: Development of the site shall comply with the dimensional standards listed in UDC 11-213-3 and UDC 11-2A-6 for the L -O and R-8 zoning districts. D. Landscaping: • Street buffer landscaping shall be installed in accordance with the standards listed in UDC Tables 11-213-3 and UDC l 1 -3B -7C for the L -O zoning district. • Parking lot landscaping: All parking lot landscaping shall comply with the standards listed in UDC 11-313-8C. • Landscape buffers to residential uses shall comply with the standards listed in UDC Table l 1- 213-3 and UDC 11-313-9C. • The proposed micropaths shall comply with the design standards in accord with UDC 1 l -3A- 8 and UDC 11-313-12. • The open space and site amenity standards set forth in UDC 11-3G-3 apply to the development of this property. E. Subdivision Design and Improvement Standards: The subdivision must comply with the subdivision design standards outlined in UDC 11-6C-3. F. Off -Street Parking: Off-street parking is required in accord with UDC Table 1 l -3C-6 for single- family dwellings and UDC 11-3C-613 for the office park. IX. ANALYSIS Sagewood Subdivision—AZ-13-012 & PP -13-026 PAGE 6 ■ EXHIBIT A A. Analysis of Facts Leading to Staff Recommendation: ANNEXATION (AZ) AND DEVELOPMENT AGREEMENT (DA) : The applicant has applied to annex and zone 16.34 acres of land from the R 1 and RUT in Ada County to the L -O (Limited Office)(5.02 acres) and R-8 (Medium Density Residential)(11.32 acres) zoning districts. As discussed above in Section VII, the proposed zoning is consistent with the FLUM designations of MDR and the adjacent MU -N. A preliminary plat for a neighborhood office park and a single-family residential development is also proposed with the annexation request. The applicant has submitted a concept plan for the proposed office park. The submitted concept plan depicts the pad layouts, building square footages and parking layout. The applicant is proposing six (6) office buildings ranging in size from 6,280 square feet to 9,680 square feet. Four (4) of the office buildings front along W. Overland Road and two (2) office buildings front on S. Sagewood Avenue which screen the internal parking area from the abutting streets. The internal parking has been designed to comply with the parking standards (130 stalls) in the UDC and cross access is depicted to the properties to the west and the east consistent the UDC access standards. To ensure the site develops consistent with the comprehensive plan, the preliminary plat, the office concept plan and conceptual building elevations, staff recommends a development agreement (DA) as a provision of annexation in accord with the provisions included in Exhibit B. PRELIMINARY PLAT (PP): The proposed preliminary plat consists of two (2) office lots, forty- five (45) residential lots and eight (8) common lots on approximately 15.62 acres of land in the proposed L -O and R-8 zoning districts. The proposed gross density for the residential portion of the subdivision of 3.97 dwelling units per acre is consistent with the proposed R-8 zoning district. The two (2) office lots are 1.91 acres and 2 acres in size respectively. The minimum proposed lot size for the residential portion of the development is 5,500 square feet with an average lot size of 7,289 square feet. Dimensional Standards: Staff has reviewed the proposed plat for compliance with the applicable standards listed in UDC Table 11-2A-6 and UDC 11-2B-3for the R-8 and L -O zoning districts. Since the L -O lots are not required to meet a minimum lot size the proposed office lots meet the dimensional standards of the L -O zone. Per UDC Table 11-2B-3, a 25 -foot wide landscape buffer is required adjacent to Overland Road, a 20 -foot wide landscape buffer is required adjacent to the residential uses and a 10 -foot wide landscape buffer is required adjacent to S. Sagewood Avenue. The submitted plat complies with the aforementioned dimensional standards. Future development of these lots will be reviewed with the certificate of zoning compliance and design review applications. The residential lots must comport to the R-8 dimensional standards set forth in UDC 11-2A-6. After reviewing the submitted plat all of the lots comport with the street frontage and minimum lot size requirements of the R-8 zone. Access: As mentioned above, the main entrance into the development will be from W. Overland Road via S. Sagewood Drive. Both office lots will take access from this roadway. Two (2) stub streets are proposed along the west boundary for future connectivity. Cross access is being provided to the west and east properties adjacent to the office park in accord with the standards set forth in UDC I1 -3A-3. Staff is supportive of the public street access and cross access proposed with this development. Sagewood Subdivision— AZ -13-012 & PP -13-026 PAGE 7 EXHIBITA Existing Structures: As mentioned above, there are existing homes and several outbuildings that will need to be removed prior to development of the office lots. The existing well and septic systems must also be abandoned. Landscaping: A landscape plan was submitted with this application as shown in Exhibit A.3. The landscape plan depicts the required 25 -foot wide landscape buffer adjacent to Overland Road, the 10 -foot wide landscape buffers adjacent to S. Sagewood Avenue. The street buffer landscaping complies with the standards in accord with UDC 11 -3B -7C. In addition, the UDC requires a 20 -foot wide landscape buffer between office and residential uses. The submitted landscape plan complies with the required buffer width along the south boundary however the landscape plan does not depict the required 20 -foot wide landscape buffer along the west boundary. The applicant can ask the Council to approve a reduced landscape buffer width along the west boundary as depicted on the concept plan or increase the buffer width with the development of the office lot (Lot 1, Block 1). The applicant should be advised that parking stalls and drive aisles must be outside of the required landscape buffer. The landscape buffers are required to be installed in accord with UDC 11-313-9C. Open Space and Amenities: A minimum of 10% of the total land area of the site is required to be provided for open space in accord with UDC 11 -3G -3A; the requirements for qualified open space is defined in UDC 11 -3G -3B. The residential portion of the plat consists of approximately 11.32 acres; therefore, a minimum of 1.13 acres of qualified open space is required to be provided. The qualifying open space for the residential portion totals approximately 1.61 acres (or 14.2%) which exceeds the 10 percent required by the UDC. The qualifying open space for the residential portion of the development consists of 8 -foot wide parkways, a micropath lot and a 1.12 acre park. In accord with UDC 11 -3G -3A.2, a minimum of one (1) site amenity consisting of the following: quality of life, recreation, and pedestrian or bicycle circulation system amenities are required to be provided with this development in accord with UDC 11 -3G -3C. The applicant is proposing an internal pedestrian pathway through pocket park and a micropath to the school district property to the south. A covered picnic area is proposed as an amenity within the park. With the final plat submittal, the applicant must provide a detail of the proposed covered picnic shelter. Staff finds the proposed subdivision complies with the open space and site amenity standards of the UDC. Parkways: The applicant is proposing 8 -foot wide parkways adjacent to the internal local streets and 8 -foot wide center medians in S. Sagewood Avenue. Both the parkways and the center medians must comply with the standards set forth in UDC 11-3A-17 and UDC 11 -3B -7C. The applicant must enter into a license agreement with ACHD for the proposed improvements within the right-of-way. Sidewalks: Sidewalks are required along all public streets. A 7 -foot wide attached sidewalk exists along W. Overland Road and was installed with the widening of Overland Road. Therefore, staff is not requiring a detached 5 -foot sidewalk adjacent to W. Overland Road. Further, the Master Pathways plan calls for a 10 -foot pathway adjacent to W. Overland Road. Since the sidewalk exists and is fairly new and a bike lane has been provided adjacent to the sidewalk, the Parks Director has agreed to allow the existing sidewalk and bike lane to suffice for the required pathway. The applicant is proposing 5 -foot wide detached sidewalks along all of the internal streets. All sidewalks constructed within the development must comply with UDC 11-3A-17. Waterways: As per UDC 11-3A-6, all irrigation ditches, laterals or canals, exclusive of natural waterways and waterways being used as amenities, which intersect, cross or lie within the area Sagevvood Subdivision—AZ-13-012 & PP -13-026 PAGE 8 being subdivided shall be covered. The Hardin Drain bisects the property and will be piped with the development of the site in accord with the UDC. Idaho Power Easement: One of the office lots (Lot 1, Block 1) contains an existing Idaho Power easement recorded as instrument #9061765 which could affect the construction of an office building on the property. The applicant should coordinate with Idaho Power Company when proposing to relinquish the easement. If this easement limits the placement of a structure on the site, the applicant must provide written documentation from the Idaho Power Company approving the easement relinquishment prior to the issuance of a building permit. Existing Trees: The submitted landscape plan notes existing trees on the plan proposed for removal. The applicant is responsible to mitigate all existing healthy trees 4 -inch caliper or greater that are removed from the site with equal replacement of the total calipers lost on site up to an amount of 100% replacement in accord with UDC 11-313-10. With the submittal of the final plat, the applicant must submit a revised landscape plan that details the mitigation plan outlined by the developer and the City Arborist. Pressure Irrigation: The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. The applicant should be required to utilize any existing surface or well water for the primary source. If a surface or well source is not available, a single - point connection to the culinary water system shall be required. If a single -point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. An underground, pressurized irrigation system should be installed to all landscape areas per the approved specifications and in accordance with UDC I 1-3A-15 and MCC 9-1-28. Fencing: White vinyl fencing is proposed within the residential portion of the development and a small portion along the west boundary of the office park. A majority of the fencing along the common open space will be 4 -foot solid fencing. Where the residential lots abut the office park (north) the applicant is proposing 6 -foot solid fencing. There is a segment of 6 -foot solid fencing adjacent to the west boundary of Lot 7, Block lthat does not comply with the common lot fencing regulations of the UDC (4 -foot solid or 6 -foot open vision fencing). With the final plat submittal, the applicant must modify the fencing in accord with UDC 11-3A-7. Building Elevations: The applicant has not provided any details of the proposed office buildings for the site; however the future development of the proposed office park is required to comply with the structure and site design standards set forth in the UDC as noted below. A recommended provision of the development agreement requires compliance with these standards and the submitted concept plan. Conceptual building elevations were submitted for the homes in this development as shown in Exhibit A.4. Staff is supportive of the proposed design features portrayed with the home elevations. Design features include a mixture of wood and stucco siding, covered front porches, gated entryways, pop -outs on the front facades, decorative corbels, window trim and varying roof planes. Although single family homes are not required to obtain design review approval, the Meridian Design Manual encourages similar building materials and mix of materials be incorporated into all sides of the future homes, specifically, for those facades that face a public street and common open space. Future homes constructed within the subdivision must comply with the elevations attached in Exhibit AA below. Certificate of Zoning Compliance (CZC) and Design Review (DES): A CZC application is required to be submitted prior to issuance of building permits for any of the office lots. The applicant is required to obtain approval of a Design Review application for the proposed Sagewood Subdivision— AZ -13-012 & PP -13-026 PAGE 9 EXHIBIT A structures and site design for the commercial development. This application may be submitted concurrently with the CZC application. The applicant must comply with the design standards listed in UDC 11-3A-19 and the guidelines contained in the Meridian Design Manual. In summary, Staff recommends approval of the proposed annexation and preliminary plat with the recommended conditions listed in Exhibit B of this report in accord with the findings contained in Exhibit D. X. EXHIBITS A. Drawings/Other 1. Vicinity Map 2. Proposed Preliminary Plat and Concept Plan (dated: 08/23/13) 3. Proposed Landscape Plan (dated: 08/09/13) 4. Proposed Conceptual Home Elevations B. Conditions of Approval C. Legal Description and Exhibit Map D. Required Findings from Unified Development Code SageNvood Subdivision— AZ -13-012 & PP -13-026 PAGE 10 EXHIBIT A A. Drawings 1. Vicinity Map ■ Sagewood Subdivision — AZ -13-012 & PP -13-026 PAGE 11 EXHIBIT A 2. 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PLAIT /SOLA &ND tis iso a" Ltu row r a+mIMAM axv ZMAna L2.1 12 t! l (� Euetsr�tion UNPLATTEE 13 ] 1 t p��E 3N ff 3!9 � 119.95' i�"yam"p, P079 OPLL vTa TIJF9. PLAIT /SOLA &ND tis iso a" Ltu row r a+mIMAM axv ZMAna L2.1 �;E: } aJ1�,'1illJtli� �JaJ11iil�lflt�li I, _ I 1 o ,11",1iI+lid .' elf i '•�lJsoJii119:�� 1 � II�f+11 °n a, i?= �1��� a6il�� � r „Eli lid f' �Pb�L°2 II fl A 1 f - !6e!ffi®E� �»I ..u1E,�EF®i ❑1 (� slat I�r<emna®aEm®Eooaa un � u,i,�e �iin." .mss �. cr*r It,.rs m�4 A.Ab _tip~\ vz- »»a■e# § EXHIBIT A EXHIBIT B - AGENCY & DEPARTMENT CONDITIONS OF APPROVAL 1. PLANNING DEPARTMENT 1.1.1 A Development Agreement (DA) is required as a provision of annexation of this property. Prior to the annexation ordinance approval, a DA shall be entered into between the City of Meridian, the property owner(s) at the time of annexation ordinance adoption, and the developer. Signature of the DA is required prior to submitting any final plat for review and approval. The applicant shall contact the City Attorney's Office to initiate this process. The DA shall be signed by the property owner and returned to the City within two (2) years of the City Council granting annexation approval. A fee of $303.00 shall be paid by the applicant to the City Clerk's office prior to commencement of the DA. The DA shall, at minimum, incorporate the following provisions: A. The applicant shall comply with the submitted home elevations attached in Exhibit A.4. B. Future development of the office lots shall comply with the submitted concept plan attached in Exhibit A, the design standards listed in UDC 11-3A-19 and the guidelines contained in the Meridian Design Manual. C. A cross-access/ingress-egress easement shall be granted to the properties to the west and the east (parcels S1224223106 and R2928160100) as shown on the submitted concept plan. A recorded copy of said easement shall be submitted with the first Certificate of Zoning Compliance application for the site or a note added to the face of the plat that references the recorded cross access agreement. D. Sanitary sewer service for this development shall be from an extension of the existing main stub in W. Overland Road adjacent to the Hardin Drain. The master planned routing traverses along the Harden Drain, across a neighboring property (parcel # S1224223106). The applicant will be responsible for the acquisition of the necessary temporary construction easement and permanent easements, as well as the construction of this off-site main. E. This development shall connect to the existing domestic water main in W. Overland Road at the intersection of S. Sagewood Avenue. The preliminary plat also shows a future connection to the south into the future Meridian School District Middle School parcel, and two other future connections to the parcel adjacent to the west. Until such time as another water main connection can be made or a second connection is made to the Overland Road main, this development shall be restricted to the construction of no more than 25 lots, unless this number of lots is increased in the future by action of the City Council. F. The existing residential use located on Lot 1, Block lis a non-gonfonnina ince in the L-0 z rang district and shall be demolished upon redevelopment of the site The non -conform -in Liu ay continue as long as the existing home is owner occupied and the nronPrty is sold in the future for commercial development consistent with theapproved office ron_cPnr „Ian The expansion or extension of the non- . nforming u e shall be s ibiect to the provisions listed inv UDC 11-1B-4. 1.2 Site Specific Conditions of Approval 1.2.1 The preliminary plat prepared by Engineering Solutions, dated 08/23/13, shall be revised as follows: With the final platting of the office lots include a note on the face of the plat that references the recorded cross access agreement to parcels S1224223106 and R2928160100. Sagewood Subdivision— AZ -13-012 & PP -13-026 PAGE 15 EXHIBIT A • Place a note on the face of the final plat prohibiting direct lot access to Overland Road. • Prior to the City Engineer's signature on the final plat, the existing structures on Lot 1, Block 2 (easterly office lot) shall be removed and all existing wells and septic systems abandoned. Prior to ^ ^,,..qac the redevelopment of Lot 1, Block I (westerly office lot) the existing structures shall be removed and the existing well and septic system abandoned • Lot 1, Block 1 contains an existing Idaho Power easement recorded as instrument #9061765 which may affect the construction of an office building on the property. If this easement limits the placement of a structure on the site, the applicant must provide written documentation from the Idaho Power Company approving the easement relinquishment prior to the issuance of a building permit. 1.2.2 The landscape plan, prepared by South Landscape Architecture, dated 08/09/13, shall be revised as follows: • Construct a 25 -foot wide landscape buffer adjacent to W. Overland Road as proposed. • Construct the landscape buffers and center medians in S. Sagewood Avenue right-of-way (ROW) as proposed. The applicant shall enter into a license agreement with ACHD for the landscape improvements within the ROW. • Construct the landscape buffers adjacent to the south boundary of Lotl, Block 1 and Lot 1, Block 2 as proposed. Construct a 20 -foot wide landscape buffer adjacent to the west boundary of Lot 1, Block I in accord with UDC Tablell-2B-3 OR seek the City Council's approval to reduce the landscape buffer width along the west boundary as shown on the submitted concept plan (10 -feet for the parking area and 15 -feet to the office building). All of the landscape buffers are required to be installed in accord with UDC l 1 -3B -9C. Eor clarification Council approved the reduced buffer as depic ed on the submitted concent plan • The proposed micropaths (Lot 17, Block 2 and Lot 9, Block 3) shall be designed in accord with UDC 11-3A-8 and UDC 11-3B-12. • Per UDC I1-313-10, the applicant shall work with the City Arborist, Elroy Huff, on designing, adopting, and implementing a protection and mitigation plan for the existing trees on site. • The applicant shall comply with proposed open space and site amenities represented on the submitted landscape plan attached in Exhibit A.3. Details of the covered picnic area proposed for Lot 9, Block 3 shall be provided with a final plat application. • Fencing adjacent to all common areas shall be constructed as six foot open vision or four foot solid fencing. All fencing shall be installed in accordance with UDC 11-3A-7. 1.2.3 Prior to developing any of the office lots, a certificate of zoning compliance and design review application shall be submitted to the Planning Division for review and approval prior to issuance of building permits. 1.2.4 Comply with all ACHD conditions of approval. 1.3 General Conditions of Approval 1.3.1 Comply with all bulk, use, and development standards of the R-8 and L -O zoning districts set forth in UDC 11-2A-6 and UDC 11-2B-3. SageNvood Subdivision — AZ -13-012 & PP -13-026 PAGE 16 EXHIBIT A 1.3.2 Comply with all provisions of UDC l 1-3A-3 with regard to access to streets unless waived by Council. 1.3.3 Comply with the provisions for irrigation ditches, laterals, canals and/or drainage courses, as set forth in UDC 11-3A-6. 1.3.4 Provide a pressurized irrigation system consistent with the standards as set forth in UDC 11-3A- 15, UDC 11-3B-6 and MCC 9-1-28. 1.3.5 Comply with the sidewalk standards as set forth in UDC 11-3A-17. 1.3.6 Install all utilities consistent with the standards as set forth in UDC 11-3A-21 and 11-313-5J. 1.3.7 Construct all off-street parking areas consistent with the standards as set forth in UDC 11-3C-6 for single-family dwellings and UDC 11-3C-613 for the office park. 1.3.8 Comply with all subdivision design and improvement standards as set forth in UDC 11-6C-3, including but not limited to easements, blocks, street buffers, and mailbox placement. 1.3.9 Comply with all provisions of UDC 11-3A-3 with regard to maintaining the clear vision triangle. 1.3.10 Prior to the issuance of a building permit, the property shall be subdivided in accordance with the UDC. 1.4 Ongoing Conditions of Approval 1.4.1 The applicant and/or assigns shall have the continuing obligation to provide irrigation that meets the standards as set forth in UDC l l -313-6 and to install and maintain all landscaping as set forth in UDC 11-313-5, UDC 11-313-13 and UDC 11-313-14. 1.4.2 All common open space shall be maintained by an owner's association as set forth in UDC l I - 3G -3F1. 1.4.3 The project is subject to all current City of Meridian ordinances. 1.4.4 The applicant and/or property owner shall have an ongoing obligation to prune all trees to a minimum height of six feet above the ground or sidewalk surface to afford greater visibility of the area. 1.4.5 The applicant has a continuing obligation to comply with the outdoor lighting provisions as set forth in UDC 11-3A-11. 1.4.6 The applicant and/or property owner shall have an ongoing obligation to maintain all landscaping and constructed features within the clear vision triangle consistent with the standards in UDC I I - 3A-3. 1.5 Process Conditions of Approval 1.5.1 No signs are approved with this application. Prior to installing any signs on the property, the applicant shall submit a sign permit application consistent with the standards in UDC Chapter 3 Article D and receive approval for such signs. 1.5.2 The applicant shall complete all improvements related to public life, safety, and health as set forth in UDC 11 -5C -3B. A surety agreement may be accepted for other improvements in accord with UDC 11 -5C -3C. 1.5.3 The final plat, and any phase thereof, shall substantially comply with the approved preliminary plat as set forth in UDC 11 -6B -3C2. Sagewood Subdivision— AZ -13-012 & PP -13-026 PAGE 17 EXHIBIT A 1.5.4 The applicant shall obtain approval for all successive phases of the preliminary plat within two years of the signature of the City Engineer on the previous final plat as set forth in UDC 11-6B- 713. 1.5.5 The preliminary plat approval shall be null and void if the applicant fails to either 1) obtain the City Engineer signature on a final plat within two years or 2) gain approval of a time extension as set forth in UDC 11-613-7. 1.5.6 Upon installation of the landscaping and prior to inspection by Planning Department staff, the applicant shall provide a written certificate of completion as set forth in UDC 11-313-14A. 2. PUBLIC WORKS DEPARTMENT 2.1 Site Specific Conditions of Approval 2.1.1 Sanitary sewer service for this development shall be from an extension of the existing main stub in W. Overland Road adjacent to the Hardin Drain. The master planned routing traverses along the Harden Drain, across a neighboring property. The applicant will be responsible for the acquisition of the necessary temporary construction easement and permanent easements, as well as the construction of this off-site main. Failure to obtain the necessary easements for the construction of the sanitary sewer essentially renders this development unviable. 2.1.2 This development shall connect to the existing domestic water main in W. Overland Road at the intersection of S. Sagewood Avenue. The preliminary plat also shows a future connection to the south into the future Meridian School District Middle School parcel, and two other future connections to the parcel adjacent to the west. Until such time as another water main connection can be made ora second connection is made to the Overland Road main, this development shall be restricted to the construction of no more than 25 lots, unless this number of lots is increased in the future by action of the City Council. Alternatively, the applicant may enter into non -build agreement with the City of Meridian on the number of lots beyond the above restriction The non -build agreement shall be recorded into Ada County Records. A note shall be added to the face of the plat so that future lot buyers will be noticed, and a reference to said note shall be added to each affected lot 2.1.3 Due to the elevation differentials in this development, the applicant shall be required to submit an engineered master grading and drainage plan for approval by the Community Development Department. This plan shall establish, at a minimum; the finish flee_ elevation f h bail 1' let- the finish grade elevations of the rear lot corners. the d:ai nage f ��,... New.a' t, 6" building i9ad. the dra}nage pattccvs of the ll bleeks. d aRy�peeiai swat su suFfage The engineer will evaluate if rear yard drains are necessary and provide the drainage features necessary to control and maintain storm water drainage. Applicant's engineer shall consult the 2009 International Residential Code when establishing the finish floor elevations and drainage patterns away from the building pads. 2.1.4 With the application for a building permit tiftished Neef ele,,ati n the home builder shall submit plans consistent with the approved master grading and drainage plan for the subdivision. If deviations from the approved master grading and drainage plan are proposed, they must be submitted and approved by the Community Development Department prior to the issuance of a building permit. Any such revision proposal shall be accompanied by a written authorization from the Developer to allow a revision to the master lot grading plan. 2.2 General Conditions of Approval 2.2.1 Applicant shall coordinate water and sewer main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide Sagewood Subdivision — AZ -13-012 & PP -13-026 PAGE 17 EXHIBIT A service outside of a public right-of-way. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub -grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2.2.2 Per Meridian City Code, the applicant shall be responsible to install sewer and water mains to and through this development. 2.2.3 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 12-13-8.3). The applicant shall be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single -point connection to the culinary water system shall be required. If a single -point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to development plan approval. 2.2.4 Any existing structures that are required to be removed shall be removed prior to signature on the final plat by the City Engineer. 2.2.5 All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per UDC l l -3A-6. Plans shall be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or non -approval submitted to the Public Works Department. If lateral users association approval can't be obtained, alternate plans shall be reviewed and approved by the Meridian City Engineer prior to final plat signature. 2.2.6 Any existing domestic wells within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9-4-8. Contact the City of Meridian Engineering Department at (208)898-5500 for inspections of disconnection of services. Wells may be used for non-domestic purposes such as landscape irrigation if approved by Idaho Department of Water Resources Contact Robert B. Whitney at (208)334-2190. 2.2.7 Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9-4-8. Contact Central District Health for abandonment procedures and inspections (208)375-5211. 2.2.8 Street signs are to be in place, water and sewer system shall be approved and activated, fencing installed, drainage lots constructed, road base approved by the Ada County Highway District and the Final Plat for this subdivision shall be recorded, prior to applying for building permits. 2.2.9 A letter of credit or cash surety in the amount of 110% will be required for all uncompleted fencing, landscaping, amenities, etc., prior to signature on the final plat. 2.2.10 All development improvements, including but not limited to sewer, water, fencing, micro -paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy. 2.2.11 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to the issuance of a plan approval letter. 2.2.12 It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 2.2.13 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.2.14 Developer shall coordinate mailbox locations with the Meridian Post Office. Sagewood Subdivision— AZ -13-012 & PP -13-026 PAGE 18 EXHIBIT A 2.2.15 Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 2.2.16 The engineer shall be required to certify that the street centerline elevations are set a minimum of 3 -feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1 -foot above. 2.2.17 The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACRD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. 2.2.18 At the completion of the project, the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 2.2.19 100 Watt and 250 Watt, high-pressure sodium street lights shall be required on all public roadways per the City of Meridian Improvement Standards for Street Lighting. All street lights shall be installed at developer's expense. Final design shall be submitted as part of the development plan set for approval, which must include the location of any existing street lights. Street lighting is required at intersections, corners, cul-de-sacs, and at a spacing that does not exceed that outlined in the Standards. The contractor's work and materials shall conform to the ISPWC and the City of Meridian Supplemental Specifications to the ISPWC. 2.2.20 The City of Meridian requires that the owner post to the City a performance surety in the amount of 125% of the total construction cost for all incomplete sewer, water and reuse infrastructure prior to final plat signature. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Please contact Land Development Service for more information at 887-2211. 2.2.22 The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20% of the total construction cost for all completed sewer, water and reuse infrastructure for duration of two years. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Please contact Land Development Service for more information at 887-2211. 2.2.23 The applicant shall provide easement(s) for all public water/sewer mains outside of public right of way (include all water services and hydrants). The easement widths shall be 20 -feet wide for a single utility, or 30 -feet wide for two. The easements shall not be dedicated via the plat, but rather dedicated outside the plat process using the City of Meridian's standard forms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement (on the form available from Public Works), a legal description prepared by an Idaho Licensed Professional Land Surveyor, which must include the area of the easement (marked EXHIBIT A) and an 81/2" x 11" map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. 2.2.24 Applicant shall be responsible for application and compliance with and NPDES permitting that may be required by the Environmental Protection Agency. 3. POLICE DEPARTMENT 3.1 The Police Department has no concerns related to this application. Sagewood Subdivision— AZ -13-012 & PP -13-026 PAGE 19 EXHIBIT A 4. FIRE DEPARTMENT 4.1 All portions of the buildings located on this project must be within 150' of a paved surface as measured around the perimeter of the building as set forth in International Fire Code Section 503.1.1.4.3 4.2 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department in accordance with International Fire Code Section (IFC) 508.5.4 as follows: a. Fire hydrants shall have the 4'h" outlet face the main street or parking lot drive aisle. b. Fire hydrants shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works specifications. d. Fire Hydrants shall be placed on corners when spacing permits. e. Fire hydrants shall not have any vertical obstructions to outlets within 10'. f. Fire hydrants shall be placed 18" above finished grade to the center of the 4 %" outlets. g. Fire hydrants shall be provided to meet the requirements of IFC Section 509.5. h. Show all proposed or existing hydrants for all new construction or additions to existing buildings within 1,000 feet of the project. 4.3 The first digit of the Apartment/Office Suite shall correspond to the floor level as set forth in International Fire Code Section 505.1. 4.4 All entrances, internal roads, drive aisles, and alleys shall have a turning radius of 28' inside and 48' outside, per International Fire Code Section 503.2.4. 4.5 The applicant shall work with Public Works and Planning Department staff to provide an address identification plan and a sign which meets the requirements of the City of Meridian sign ordinance and is placed in a position that is plainly legible and visible from the street or road fronting the property, as set forth in International Fire Code Section 505.1. 4.6 Provide a Knox box entry system for the complex prior to occupancy as set forth in International Fire Code Section 506. 4.7 Ensure that all yet undeveloped parcels are maintained free of combustible vegetation as set forth in International Fire Code Section 304.1.2. 4.8 Fire lanes, streets, and structures (including the canopy height of mature trees) shall have a vertical clearance of 13'6 as set forth in International Fire Code Section 503.2.1. 4.9 Operational fire hydrants, temporary or permanent street signs, and access roads with an all-weather surface are required to be installed before combustible construction material is brought onto the site, as set forth in International Fire Code Section (IFC) 501.4 and Meridian amendment to IFC 10-4-2J. 4.10 Maintain a separation of 5' from the building to the dumpster enclosure as set forth in International Fire Code Section 304.3.3. 4.11 COMMERCIAL AND INDUSTRIAL - Buildings or facilities exceeding 30 feet (9144mm) or three stories in height shall have at least two means of fire apparatus access for each structure. The access roads shall be placed a distance apart equal to not less than one half of the length of the overall diagonal dimension of the property or area to be served, measured in a straight line as set forth in International Fire Code Appendix D104.1. 5. REPUBLIC SERVICES S.] Republic Services has no concerns related to the plat design submitted with the application. Sagewood Subdivision — AZ -13-012 & PP -13-026 PAGE 20 EXHIBIT A 6. PARKS DEPARTMENT 6.1 The Parks Department has no concerns related to the plat design submitted with the application. 7. ADA COUNTY HIGHWAY DISTRICT 7.1 Site Specific Conditions of Approval 7.1.1 Dedicate 60 feet of right-of-way from the centerline of Overland Road abutting the site. The District will provide compensation for additional right-of-way dedicated beyond the existing right-of-way. 7.1.2 Correct deficiencies and replace deteriorated facilities on Overland Road, including sidewalk, curb, gutter, driveways, pedestrian ramps, pavement repairs, etc. 7.1.3 Construct Sagewood Avenue as proposed, with two 21 foot wide travel lanes, a 10 foot wide landscape median, vertical curb, gutter, 5 foot wide attached concrete sidewalk within 60 feet of right-of-way. Provide permanent right-of-way easements for all public sidewalks placed outside of the dedicated right-of-way on Sagewood Avenue. The easement shall encompass the entire area between the right-of-way line and 2 feet behind the back edge of the sidewalk. 7.1.4 Construct all other internal local streets as 36 foot street sections with rolled curb, gutter, 8 foot wide landscape buffers, 5 foot wide detached concrete sidewalk, and 50 feet of right-of-way. Provide permanent right-of-way easements for all public sidewalks placed outside of the dedicated right-of-way. The easement shall encompass the entire area between the right-of-way line and 2 feet behind the back edge of the sidewalk. 7.1.5 Construct Sagewood Aveune to intersect Overland Road located approximately 410 feet west of Tech Lane, as proposed. 7.1.6 Construct all internal local streets to provide a minimum offset of 125 feet. 7.1.7 Construct 2 streets to stub to the 5 acre parcel to the west, located approximately 130 feet and 610 feet north of the southwest corner of the site, as proposed. 7.1.8 Install a sign at the terminus of each stub street stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE." 7.1.9 Construct two 24 foot wide driveways onto Sagewood Avenue, located approximately 180 feet south of Overland Road, as proposed, in alignment with one another. 7.110 Provide two vehicular connections from office lots (Block 1 & 2) as proposed. One 24 foot wide drive should stub and provide cross access to the triangular lot, located west of the site, which is 1.46 acres in size. One 20 foot wide drive is proposed to provide cross access to the parking lot to the east, which is on a 1.43 acre parcel. 7.1.11 Pave each driveway its entire width and at least 30 feet into the site beyond the edge of pavement. 7.1.12 Direct lot access to Overland Road, is prohibited and shall be noted on the final plat. 7.1.13 Payment of impacts fees are due prior to issuance of a building permit. 7.1.14 Comply with all Standard Conditions of Approval. 7.2 Standard Conditions of Approval 7.2.1 Any existing irrigation facilities shall be relocated outside of the ACHD right-of-way. 7.2.2 Private sewer or water systems are prohibited from being located within the ACHD right- of-way. Sagewood Subdivision— AZ -13-012 & PP -13-026 PAGE 21 EXHIBIT A 7.2.3 In accordance with District policy, 7203.3, the applicant may be required to update any existing non-compliant pedestrian improvements abutting the site to meet current Americans with Disabilities Act (ADA) requirements. The applicant's engineer should provide documentation of ADA compliance to District Development Review staff for review. 7.2.4 Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 7.2.5 A license agreement and compliance with the District's Tree Planter policy is required for all landscaping proposed within ACHD right-of-way or easement areas. 7.2.6 All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 7.2.7 It is the responsibility of the applicant to verify all existing utilities within the right-of-way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1-811-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 7.2.8 Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details. 7.2.9 All design and construction shall be in accordance with the ACHD Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Standards unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 7.2.10 Construction, use and property development shall be in conformance with all applicable requirements of ACHD prior to District approval for occupancy. 7.2.11 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 ACHD. The burden shall be upon the applicant to obtain written confirmation of any change from ACHD. 7.12 If the site plan or use should change in the future, ACHD Planning Review will review the site plan and may require additional improvements to the transportation system at that time. Any change in the planned use of the property which is the subject of this application, shall require the applicant to comply with ACHD Policy and Standard Conditions of Approval in place at that time unless a waiver/variance of the requirements or other legal relief is granted by the ACHD Commission. Sagewood Subdivision —AZ -13-012 & PP -13-026 PAGE 22 EXHIBIT A C. Legal Description and Exhibit Map August 13, 2013 DESCRIPTION FOR I. -O ZONE PROPOSED SAGEWOOD SUBDIVISION A parcel of land located in the NW ''A of Section 24,T. 3 N., R 1 W., B.M., Ada County, Idaho, more particularly described as follows: Commencing at the N %, corner of the said Section 24, from which the NW corner of said section bears North 891107'22" West, 2655.69 feet; thence along the north boundary of the NW % of said section North 89°07'22" West, 677.82 feet to a point on the prolongation of the westerly boundary of Freedomworks Subdivision, as shown in Book 103 of Plats on Page 13910, records of Ada County, Idaho, the POINT OF BEGINNING; Thence along said westerly boundary and prolongation thereof South 00°41'28" West, 337.43 feet; Thence North 89100'00" West, 648.76 feet; Thence North 00054'09" East, 7.31 feet; Thence North 00128'27" East, 328.74 feet to a 5/8 inch diameter iron pin on the north boundary of the NW '/4 of said Section 24; Thence along said north boundary South 89°07'22" East, 649.97 feet the POINT OF BEGINNING. Containing 5.02 acres, more or less. 120726-L-O.des.docx Sagewood Subdivision— AZ -13-012 & PP -13-026 PAGE 23 EXHIBIT A D. Required Findings from Unified Development Code Annexation Findings: Upon recommendation from the Commission, the Council shall make a full investigation and shall, at the public hearing, review the application. In order to grant an annexation, the Council shall make the following findings: a. The map amendment complies with the applicable provisions of the Comprehensive Plan; The applicant is proposing to annex a portion of the subject property from R1 and RUT in Ada County to the L -O and R-8 zoning districts. The Council finds that the proposed map amendment is generally consistent with the MDR designation for this site and the commercial and mixed use designations adjacent to the property. Therefore, the Council finds the amendment is consistent with the applicable provisions of the Comprehensive Plan (see section VII above). b. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; The Council finds that the proposed map amendment to the L -O and R-8 zoning districts is consistent with the purpose statements for those districts as detailed in Section VIII above. c. The map amendment shall not be materially detrimental to the public health, safety, and welfare; The Council finds that the proposed zoning amendment will not be detrimental to the public health, safety, or welfare. City utilities will be extended at the expense of the applicant. Staff recommends that the Commission and Council consider any oral or written testimony that may be provided when determining this finding. d. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the City including, but not limited to, school districts; and, The Council finds that the proposed zoning amendment will not result in any adverse impact upon the delivery of services by any political subdivision providing services to this site. e. The annexation is in the best of interest of the City (UDC 11-511-3.E). The Council finds annexing this property with L -O and R-8 zoning districts is in the best interest of the City if the applicant enters into a development agreement. 2. Preliminary Plat Findings: In consideration of a preliminary plat, combined preliminary and final plat, or short plat, the decision-making body shall make the following findings: a. The plat is in conformance with the Comprehensive Plan and is consistent with this Unified Development Code; The Council finds that the proposed plat is in substantial compliance with the adopted Comprehensive Plan in regard to land use, transportation, and circulation. b. Public services are available or can be made available and are adequate to accommodate the proposed development; The Council finds that public services are available and will continue to be provided to the subject property. See Exhibit B of the Staff Report for more details from public service Sagewood Subdivision — AZ -13-012 & PP -13-026 PAGE 26 EXHIBIT A providers. c. The plat is in conformance with scheduled public improvements in accord with the City's capital improvement program; Because water and sewer and any other utilities will be provided by the developer at their own cost, the Council finds that the subdivision will not require the expenditure of capital improvement funds. d. There is public financial capability of supporting services for the proposed development; Some services are already being provided to the subject development. The Council finds there is public financial capability of supporting and continuing services for/to this development. e. The development will not be detrimental to the public health, safety or general welfare; and The Council was not made aware of any health, safety, or environmental problems associated with the platting of this property. ACHD considers road safety issues in their analysis. The Council considered all public testimony that was presented to determine whether or not the proposed subdivision may cause health, safety or environmental problems. f. The development preserves significant natural, scenic or historic features. The Council does not find there are any significant natural, scenic or historic features that will be lost with development of the site. Sagewood Subdivision— AZ -13-012 & PP -13-026 PAGE 27 EXHIBIT C EXHIBIT D 0 9 09 =A h � F _ i IE 0 0 n g DATE: May • 2014 RENOIR •' Development Agreement for Approval: AZ 13-016 Southern Highlands Subdivision by BHH Investments I, LLC Located South Side of E. Amity Road West of S. Eagle Road and North of E. Taconic Drive Request: Annexation and Zoning of 126.27 Acres of Land with an R-4 Zoning District MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS ADA COUNTY RECORDER Christopher D. Rich AMOUNT .00 58 BOISE IDAHO 05108114 09:35 AM DEPUTY Bonnie Oberbillig III IIIIIIIIIIIIIIIIIIIIIIIIIIIII�I III RECORDED -REQUEST OF 114034782 Meridian City DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. BHH Investments 1, LLC, Owner/Developer THIS DEVELOPMENT AGREEMENT (this Agreement), is made and entered into this (o 4�' day of P—_ of , 2014, by and between City of Meridian, a municipal corporation of the State Idaho, hereafter called CITY, and BHH Investments 1, LLC whose address is 1025 S. Bridgeway Place, Ste. 290, Eagle, Idaho 83616 hereinafter called OWNER/DEVELOPER. 1. RECITALS: 1.1 WHEREAS, Owner is the sole owner, in law and/or equity, of certain tract of land in the County of Ada, State of Idaho, described in Exhibit "A" for each owner, which is attached hereto and by this reference incorporated herein as if set forth in full, herein after referred to as the Property; and 1.2 WHEREAS, Idaho Code § 67-6511A provides that cities may, by ordinance, require or permit as a condition of re -zoning that the Owner/Developer make a written commitment concerning the use or development of the subject Property; and 1.3 WHEREAS, City has exercised its statutory authority by the enactment of Section 11-5B-3 of the Unified Development Code ("UDC"), which authorizes development agreements upon the annexation and/or re -zoning of land; and 1.4 WHEREAS, Owner/Developer has submitted an application for annexation and zoning of the Property described in Exhibit "A", requesting a designation of Medium Low Density Residential District (R-4) under the UDC and generally describing how the Property will be developed and what improvements will be made; and 1.5 WHEREAS, Owner/Developer made representations at the public hearings both before the Meridian Planning & Zoning Commission and before the Meridian City Council, as to how the subject Property will be developed and what improvements will be made; and DEVELOPMENT AGREEMENT — SOUTHERN HIGHLANDS (AZ 13-016) PAGE 1 OF 9 DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. BHH Investments 1, LLC, Owner/Developer THIS DEVELOPMENT AGREEMENT (this Agreement), is made and entered into this day of , 2014, by and between City of Meridian, a municipal corporation of the State of Idaho, hereafter called CITY, and BHH Investments 1, LLC whose address is 1025 S. Bridgeway Place, Ste. 290, Eagle, Idaho 83616 hereinafter called OWNER/DEVELOPER. 1. RECITALS: 1.1 WHEREAS, Owner is the sole owner, in law and/or equity, of certain tract of land in the County of Ada, State of Idaho, described in Exhibit "A" for each owner, which is attached hereto and by this reference incorporated herein as if set forth in full, herein after referred to as the Property; and 1.2 WHEREAS, Idaho Code § 67-6511A provides that cities may, by ordinance, require or permit as a condition of re -zoning that the Owner/Developer make a written commitment concerning the use or development of the subject Property; and 1.3 WHEREAS, City has exercised its statutory authority by the enactment of Section 11-513-3 of the Unified Development Code ("UDC"), which authorizes development agreements upon the annexation and/or re -zoning of land; and 1.4 WHEREAS, Owner/Developer has submitted an application for annexation and zoning of the Property described in Exhibit "A", requesting a designation of Medium Low Density Residential District (R-4) under the UDC and generally describing how the Property will be developed and what improvements will be made; and 1.5 WHEREAS, Owner/Developer made representations at the public hearings both before the Meridian Planning & Zoning Commission and before the Meridian City Council, as to how the subject Property will be developed and what improvements will be made; and DEVELOPMENT AGREEMENT - SOUTHERN HIGHLANDS (AZ 13-016) PAGE 1 OF 9 1.6 WHEREAS, the record of the proceedings for the requested annexation and zoning designation of the subject Property held before the Planning & Zoning Commission, and subsequently before the City Council, include responses of government subdivisions providing services within the City of Meridian planning jurisdiction, and received further testimony and comment; and 1.7 WHEREAS, City Council, the 7th day of January, 2014, the Meridian City Council approved certain Findings of Fact and Conclusions of Law and Decision and Order ("Findings"), which have been incorporated into this Agreement and attached as Exhibit `B"; and 1.8 WHEREAS, the Findings require the Owner/Developer to enter into a Development Agreement before the City Council takes final action on annexation and zoning designation; and 1.9 WHEREAS, Owner/Developer deem it to be in their best interest to be able to enter into this Agreement and acknowledges that this Agreement was entered into voluntarily and at their urging and requests; and 1.10 WHEREAS, City requires the Owner/Developer to enter into a development agreement for the purpose of ensuring that the Property is developed and the subsequent use of the Property is in accordance with the terms and conditions of this Agreement, herein being established as a result of evidence received by the City in the proceedings for zoning designation from government subdivisions providing services within the planning jurisdiction and from affected property owners and to ensure re -zoning designation is in accordance with the amended Comprehensive Plan of the City of Meridian on April 19, 2011, Resolution No. 11-784, and the Zoning and Development Ordinances codified in Meridian Unified Development Code, Title 11. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 2. INCORPORATION OF RECITALS: That the above recitals are contractual and binding and are incorporated herein as if set forth in full. 3. DEFINITIONS: For all purposes of this Agreement the following words, terms, and phrases herein contained in this section shall be defined and interpreted as herein provided for, unless the clear context of the presentation of the same requires otherwise: 3.1 CITY: means and refers to the City of Meridian, a party to this Agreement, which is a municipal Corporation and government subdivision of the state of Idaho, organized and existing by virtue of law of the State of Idaho, whose address is 33 East Broadway Avenue, Meridian, Idaho 83642. DEVELOPMENT AGREEMENT - SOUTHERN HIGHLANDS (AZ 13-016) PAGE 2 OF 9 3.2 OWNER/DEVELOPER: means and refers BHH Investments 1, LLC, whose address is 1025 S. Bridgeway Place, Ste. 209, Eagle, Idaho 83616, the party that is developing said Property and shall include any subsequent owner/developer(s) of the Property. 3.3 PROPERTY: means and refers to that certain parcel(s) of Property located in the County of Ada, City of Meridian as described in Exhibit "A" describing the parcels to be re -zoned R-4 (Medium -Low Density Residential District) attached hereto and by this reference incorporated herein as if set forth at length. 4• USES PERMITTED BY THIS AGREEMENT: This Agreement shall vest the right to develop the Property in accordance with the terms and conditions of this Agreement. 4.1 The uses allowed pursuant to this Agreement are only those uses allowed under City's Zoning Ordinance codified at Meridian Unified Development Code. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. 5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 5.1. Owner/Developer shall develop the Property in accordance with the following special conditions: 5.1.1 Direct lot access to E. Taconic Drive and S. Eagle Road is prohibited in accord with UDC 11-3A-3. 5.1.2 The western 79+/- acre portion of the subdivision shall contain 12,000 square foot (s.f.) minimum lot sizes with 2,000 s.f. minimum home sizes, and a maximum residential lot count of 169 building lots. 5.1.3 All future homes constructed on the western 79+/- acre portion of this site shall be generally consistent with the conceptual building elevations submitted with the AZ 13-016 application, attached as Exhibit "C". 5.1.4 The rear or side of structures on lots that back up or face E. Taconic Drive shall incorporate articulation through changes in materials, color, modulation, and architectural elements (horizontal and vertical) to break up monotonous wall planes and roof lines. 5.1.5 The height of structures located on Lots 5-13, Block 3 shall be limited to a maximum height of 30 feet measured from ground level to the highest peak of the roof. DEVELOPMENT AGREEMENT - SOUTHERN HIGHLANDS (AZ 13-016) PAGE 3 OF 9 6. COMPLIANCE PERIOD This Agreement must be fully executed within two (2) years after the date of the Findings for the annexation and zoning or it is null and void. 7. DEFAULT/CONSENT TO DE -ANNEXATION AND REVERSAL OF ZONING DESIGNATION: 7.1 Acts of Default. In the event Owner/Developer, or Owner's/Developer's heirs, successors, assigns, or subsequent owners of the Property or any other person acquiring an interest in the Property, fail to faithfully comply with all of the terms and conditions included in this Agreement in connection with the Property, this Agreement may be terminated by the City upon compliance with the requirements of the Zoning Ordinance. 7.2 Notice and Cure Period. In the event of Owner/Developer's default of this Agreement, Owner/Developer shall have thirty (30) days from receipt of written notice from City to initiate commencement of action to correct the breach and cure the default, which action must be prosecuted with diligence and completed within one hundred eighty (180) days; provided, however, that in the case of any such default that cannot with diligence be cured within such one hundred eighty (180) day period, then the time allowed to cure such failure may be extended for such period as may be necessary to complete the curing of the same with diligence and continuity. 7.3 Remedies. In the event of default by Owner/Developer that is not cured after notice as described in Section 7.2, Owner/Developer shall be deemed to have consented to modification of this Agreement and de -annexation and reversal of the zoning designations described herein, solely against the offending portion of Property and upon City's compliance with all applicable laws, ordinances and rules, including any applicable provisions of Idaho Code §§ 67-6509 and 67-6511. Owner/Developer reserves all rights to contest whether a default has occurred. This Agreement shall be enforceable in the Fourth Judicial District Court in Ada County by either City or Owner/Developer, or by any successor or successors in title or by the assigns of the parties hereto. Enforcement may be sought by an appropriate action at law or in equity to secure the specific performance of the covenants, agreements, conditions, and obligations contained herein. 7.4 Delay. In the event the performance of any covenant to be performed hereunder by either Owner/Developer or City is delayed for causes that are beyond the reasonable control of the party responsible for such performance, which shall include, without limitation, acts of civil disobedience, strikes or similar causes, the time for such performance shall be extended by the amount of time of such delay. DEVELOPMENT AGREEMENT - SOUTHERN HIGHLANDS (AZ 13-016) PAGE 4 OF 9 7.5 Waiver. A waiver by City of any default by Owner/Developer of any one or more of the covenants or conditions hereof shall apply solely to the default and defaults waived and shall neither bar any other rights or remedies of City nor apply to any subsequent default of any such or other covenants and conditions. 8. INSPECTION: Owner/Developer shall, immediately upon completion of any portion or the entirety of said development of the Property as required by this Agreement or by City ordinance or policy, notify the City Engineer and request the City Engineer's inspections and written approval of such completed improvements or portion thereof in accordance with the terms and conditions of this Agreement and all other ordinances of the City that apply to said Property. 9. REQUIREMENT FOR RECORDATION: City shall record either a memorandum of this Agreement or this Agreement, including all of the Exhibits, and submit proof of such recording to Owner/Developer, prior to the third reading of the Meridian Zoning Ordinance in connection with the re -zoning of the Property by the City Council. If for any reason after such recordation, the City Council fails to adopt the ordinance in connection with the annexation and zoning of the Property contemplated hereby, the City shall execute and record an appropriate instrument of release of this Agreement. 10. ZONING: City shall, following recordation of the duly approved Agreement, enact a valid and binding ordinance zoning the Property as specified herein. 11. SURETY OF PERFORMANCE: The City may also require surety bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under Meridian City Code § 11-5-C, to insure that installation of the improvements, which the Owner/Developer agrees to provide, if required by the City. 12. CERTIFICATE OF OCCUPANCY: No Certificates of Occupancy shall be issued in any phase in which the improvements have not been installed, completed, and accepted by the City. 13. ABIDE BY ALL CITY ORDINANCES: That Owner/Developer agree to abide by all ordinances of the City of Meridian and the Property shall be subject to de -annexation if the owner or his assigns, heirs, or successors shall not meet the conditions contained in the Findings of Fact and Conclusions of Law, this Development Agreement, and the Ordinances of the City of Meridian. 14. NOTICES: Any notice desired by the parties and/or required by this Agreement shall be deemed delivered if and when personally delivered or three (3) days after deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: DEVELOPMENT AGREEMENT - SOUTHERN HIGHLANDS (AZ 13-016) PAGE 5 OF 9 CITY: City Clerk City of Meridian 33 E. Broadway Ave. Meridian, Idaho 83642 OWNER/DEVELOPER: BHH Investments 1, LLC 1025 S. Bridgeway Place, Ste. 290 Eagle, Idaho 83616 with copy to: City Attorney City of Meridian 33 E. Broadway Avenue Meridian, ID 83642 14.1 A party shall have the right to change its address by delivering to the other party a written notification thereof in accordance with the requirements of this section. 15. ATTORNEY FEES: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorney's fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 16. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of and a default under this Agreement by the other party so failing to perform. 17. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including City's corporate authorities and their successors in office. This Agreement shall be binding on the Owner/Developer of the Property, each subsequent owner and any other person acquiring an interest in the Property. Nothing herein shall in any way prevent sale or alienation of the Property, or portions thereof, except that any sale or alienation shall be subject to the provisions hereof and any successor owner or owners shall be both benefited and bound by the conditions and restrictions herein expressed. City agrees, upon written request of Owner/Developer, to execute appropriate and recordable evidence of termination of this Agreement if City, in its sole and DEVELOPMENT AGREEMENT - SOUTHERN HIGHLANDS (AZ 13-016) PAGE 6 OF 9 reasonable discretion, had determined that Owner/Developer has fully performed its obligations under this Agreement. 18. INVALID PROVISION: If any provision of this Agreement is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this Agreement and the invalidity thereof shall not affect any of the other provisions contained herein. 19. DUTY TO ACT REASONABLY: Unless otherwise expressly provided, each party shall act reasonably in giving any consent, approval, or taking any other action under this Agreement. 20. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements, condition and understandings between Owner/Developer and City relative to the subject matter hereof, and there are no promises, agreements, conditions or understanding, either oral or written, express or implied, between Owner/Developer and City, other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to City, to a duly adopted ordinance or resolution of City. 20.1 No condition governing the uses and/or conditions governing re -zoning of the subject Property herein provided for can be modified or amended without the approval of the City Council after the City has conducted public hearing(s) in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. 21. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in connection with the annexation and zoning of the Property and execution of the Mayor and City Clerk DEVELOPMENT AGREEMENT - SOUTHERN HIGHLANDS (AZ 13-016) PAGE 7 OF 9 ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. OWNER/DEVELOPER: BHH In 1, LLC CITY OF MERIDIAN By: -' y:_ Mayor de Weerd ATTEST: City of �" �/j� �./ Y L [E TDIANt -+Dexo Jaycee Holman, City Clerk TF �l �Ae TRE�9V1� DEVELOPMENT AGREEMENT - SOUTHERN HIGHLANDS (AZ 13-016) PAGE 8 OF 9 STATE OF IDAHO ) ss: County of Ada, On this Lt day of h l , 2014, before me, the undersigned, a Notary Public in and for said State, personally appeared Ju S H - tkl+ N , known or identified to me to be the MOW of BHH Investments 1, LLC, and acknowledged to me that he executed the"same on behalf of said Limited Liability Company. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. i 400i �BLIC O HF OF ID STATE OF IDAHO ) ss Notary Public for Idaho Residing at: Na LVI My Commission Expires: 9- Z-! 5 County of Ada ) On this day of2014, before me, a Notary Public, personally appeared Tammy de Weerd and Jaycee L. Holman, know or identified to me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the instrument or the person that executed the instrument of behalf of said City, and acknowledged to me that such City executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. .SGA JQNo �g (SEAL) • • **ease** Nd ary Public or Idaho r Residing at: �Ev g a t c` n 1 1) Commission expires: ,)an :4-,, -2CJ C DEVELOPMENT AGREEMENT - SOUTHERN HIGHLANDS (AZ 13-016) PAGE 9 OF 9 EXHIBIT A `T"-0 ENGINEERS CONSULTING ENGINEERS, SURVEYORS AND PtANNESS 332 N. RROADMORE. WAY SUITE t01 NAMPA, IDAHO 83687 209.442-6300. FAX 208+76"944 Proiect: 130164 Date: December 19, 2013 Page: 1 of') SOUTIIERN IlIGHLANDS SUBDIVISION R-4 ANNEYATION BOUNDARY This parcel is situated in a portion of Section 32, Township 3 North, Range I East, Boise Meridian, Ada County, Idaho, more particularly described as a portion of Lot 16, Block 1 and a portion of Lot 1, Block 4 of Blackrock Subdivision No. 1, on file in the office of the Recorder, Ada County, Idaho, in ]look 96, Pages 12003-12008, and a portion of E. Taconic Drive Right -of - Way, the exterior.boundary of which is more particularly described as follows: REGINNINC at the northwest comer of the SE 1/4 of the NW 1/4 of said Section 32; thence along the north boundary of said SEIA of the NW 114, A) S.89 -43'51"E., 1335.91 feet to the northwest comer of the SW 1/4 of the NE 114 of said Section 32; thence along the north boundary of said SW 1/4 of the NE 114, 1) S.89°41'56"E., 715.45 feet; thence leaving said north boundary, 2) S.15°32'28"E., 958.42 feet; thence, 3) S.00° 19'55"W., 298.15 feet to a point on the north boundary of the parcel described in Warranty Deed Instrument No, 107170774, on file in the office of the Recorder, Ada County, Idaho; thence along said north boundary, 4) N.90°00'00"W., 24.00 feet to the northwest corner of said parcel; thence along the west boundary of said parcel, 5) S.00 -00700"E., l 10.00 feet to the southwest corner of said parcel; thence along the southerly extension of said west boundary, 6) S.00°00'00"E., 57.57 feet to a point on the centerline of E. Taconic Drive; thence along said centerline, 7) N.89°40'05" W., 147.17 feet to a tangent point of curvature; thence continuing along a curve to the left, 8) having an arc length of 409.39 feet, a radius of500.00 feet, through a central angle of 46°54'46" and a chord bearing of S.66°52'32"W., 398.05 feet to a point of tangency; thence continuing, ]BOISE • COEUR d'ALrNE . NAMPA EXHIBIT A Project: 130164 Date: Dmcrnber 11, 2013 Page: 2 of 3 9) S.43°25'09"W., 584.72 feet; thence leaving said centerline, 10) N.46°34'51 "W., 25.00 feet: to the most easterly comer of Lot 23, Block 1 of aforementioned Blackrock Subdivision No. 1; thence along the northeasterly boundary of said Lot 23, 11) N.46°34'51 "W., 190.00 feet to the easterly corner common to Lots 22 and 23, Block I of said Blackrock Subdivision No. 1; thence along the northeasterly boundary of said Lot 22, 12)N,74°49'32"W., 192.98 feet to the easterly corner common to Lots 21 and 22, Block 1 of said Blackrock Subdivision No. 1; thence along the northeasterly boundary of said Lot 21, 13) N.63-50'1 TV., 178.01 .feet to the easterly comer common to Lots 20 and 21, Block I of said Blackrock Subdivision No. 1; thence along the northeasterly boundary of said Lot 20, 14) N.37°30'04"W., 172.16 feet to the easterly corner common to Lots 19 and 20, Block I of said Blackrock Subdivision No. 1; thence along the northeasterly boundary of said Lot 19, 15) A'.41 °4T50"W., 170.59 feet to the easterly comer common to Lots 18 and 19, Block 1 of said Blackrock Subdivision No. I ; thence along the northeasterly boundary of said Lot 18, 16) N.57° 19`56"W., 173.04 feet to the easterly corner common to hots 17 and 18, Block 1 of said Blackrock Subdivision No. 1; thence along the northeasterly boundary of said Lot 17, 17) N.36 -45'50'7W., 172.53 feet to the most northerly corner of said Lot 17; thence along the northwesterly boundary of said Lot 17, 18) S.46°34'38"W., 161.81 feet to the most westerly corner of said Lot 17; thence, 19) S.65059'30"W., 50.05 feet to the northeast corner of Lot 15, Block I of said Blackrock Subdivision No. 1; thence along the north boundary of said Lot 15, 20) S.89°49'48"W., 235.10 feet to the northeast corner of Lot 10, Block 1 of said Blackrock Subdivision No. 1; thence along the north boundary of said Lot 10, a BOISE + COEUR d'ALENE • NAMPA ���TA G �� EXHIBIT A Project: 130164 Date: December 11, 2013 Page: 3 of 3 21) S.89049'48"W., 20.00 feet to the northwest corner of said Lot 10, said point being on the west boundary of the NE 1/4 of the SW 1/4 of said Section 32; thence along said {gest boundary, 22)N.00 -10'12"W., 2.24 feet to the southwest comer of the SE 1/4 of the NW 1/4 of said Section 32; thence along the west boundary of said SE 1/4 of the NW 1/4, 23)N.00°53'12"E•., 1337.41 feet to the POINT OF BEGINNING. CON'T'AININC 79.70 acres, more or less. BOISE + COEUR d'ALENE • NAMPA EXHIBIT B CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER (j�rE IDIAN In the Matter of the Request for Annexation and Zoning of 126.27 Acres of Land with the R-2 (46.57 acres) and R-4 (79.70) Zoning Districts; and Preliminary Plat Consisting of 169 Single - Family Residential Building Lots and 12 Common/Other Lots on 123.45 Acres of Land for Southern Highlands Subdivision, Located at the Northwest Corner of S. Eagle Road and E. Taconic Drive, by BHH Investments, LLC. Case No(s). AZ -13-016; PP -13-033 For the City Council Hearing Date of: December 17, 2013 (Findings on January 7, 2014) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of December 17, 2013, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of December 17, 2013, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of December 17, 2013, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of December 17, 2013, incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted April 19, 2011, Resolution No. 11-784 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A. 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -13-016; PP -13-033 -1- 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of December 17, 2013, incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11-5A and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's request for annexation and zoning is hereby approved with the requirement for a development agreement per the provisions in the attached Staff Report for the hearing date of December 17, 2013, attached as Exhibit A. 2. The applicant's request for preliminary plat is hereby conditionally approved per the conditions of approval in the attached Staff Report for the hearing date of December 17, 2013, attached as Exhibit A. D. Notice of Applicable Time Limits Notice of Preliminary Plat Duration Please take notice that approval of a preliminary plat, combined preliminary and final plat, or short plat shall become null and void if the applicant fails to obtain the city engineer's signature on the final plat within two (2) years of the approval of the preliminary plat or the combined preliminary and final plat or short plat (UDC 11 -6B -7A). In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of two (2) years, may be considered for final approval without resubmission for preliminary plat approval (UDC 11 -6B -7B). Upon written request and filed by the applicant prior to the termination of the period in accord with 11 -6B -7.A, the Director may authorize a single extension of time to obtain the City Engineer's signature on the final plat not to exceed two (2) years. Additional time extensions up to two (2) years as determined and approved by the City Council may be granted. With all extensions, the Director or City Council may require the preliminary plat, combined preliminary and final plat or short plat to comply with the current provisions of Meridian City Code Title 11. If the above timetable is not met and the applicant does not receive a time extension, the property shall be required to go through the platting procedure again (UDC 11- 6B -7C). Notice of Two (2) Year Development Agreement Duration The development agreement shall be signed by the property owner and returned to the City within two (2) years of the City Council granting annexation and/or rezone (UDC 11-513-31)). CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -13-016; PP -13-033 -2- A modification to the development agreement may be initiated prior to signature of the agreement by all parties and/or may be requested to extend the time allowed for the agreement to be signed and returned to the City if filed prior to the end of the two (2) year approval period (UDC 11-513-3F). E. Notice of Final Action and Right to Regulatory Takings Analysis 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, denial of a development application entitles the Owner to request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. 2. Please take notice that this is a final action of the governing body of the City of Meridian. When applicable and pursuant to Idaho Code § 67-6521, any affected person being a person who has an interest in real property which may be adversely affected by the final action of the governing board may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. F. Attached: Staff Report for the hearing date of December 17, 2013 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -13-016; PP -13-033 -3- By action of the City Council at its regular meeting held on the / day of 2014. COUNCIL PRESIDENT BRAD HOAGLUN COUNCIL VICE PRESIDENT CHARLIE ROUNTREE COUNCIL MEMBER DAVID ZAREMBA COUNCIL MEMBER KEITH BIRD MAYOR TAMMY de WEERD (TIE BREAKER) Mayor Ta in if i 3 Clerk Attest: aycee VOTED VOTED VOTED VOTED _ 4=�A� VOTED Copy served upon Applicant, The Planning Department, Public Works Department and City Attorney. C -- _ Dated: Ci Clerk's CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -13-016; PP -13-033 -4- STAFF REPORT TO: FROM: SUBJECT: EXHIBIT A Hearing Date: December 17, 2013 Mayor & City Council Sonya Watters, Associate City Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 AZ -13-016; PP -13-033 — Southern Highlands I. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST E IDIAN1�1� HO The applicant, BHH Investments I, LLC, has applied for annexation and zoning (AZ) of 126.27 acres of land with an R4 zoning district. A preliminary plat (PP) is also proposed consisting of 162 single- family detached residential building lots, 12 common lots, 1 city park lot and 1 lot for future re- subdivision on 123.45 acres of land in a proposed R4 zoning district for Southern Highlands subdivision. See Section IX of the staff report for more information. II. SUMMARY RECOMMENDATION Staff recommends approval of the proposed AZ and PP applications in accord with the conditions of approval in Exhibit B and the Findings of Fact and Conclusions of Law in Exhibit D. The Meridian Planning & Zoning Commission heard these items on November 21 2013 At the Public hearing, the Commission moved to recommend approval of the subiect AZ and PP requests. a. Summary of Commission Public Hearing: L In favor: Matt Schultz: Tim Foster ii. In opposition: None iii. Commenting: Martin Fabricius; Gwen Boyle iv. Written testimony: Matt Schultz., Al and Barbara Berlat; John and Helen Huffman v. _Staff presenting application: Sonya Watters vi. Other staff commenting on application: None b. Kev Issue(s) of Discussion by Commission: i. The placement of the sidewalk along E Taconic Drive c. Key Commission Changes) to Staff Recommendation: L _Modify DA provision #1.1.1a to reflect a 3.6 acre park site instead of 7; ii. Add a DA provision requiring the developer of the eastern 45 -acre portion of the plat to dedicate a minimum 3.4 acre park to the City prior to City Engineer signature on the first final plat W1.1.1b); iii. Modify DA Drovisions #l.l.ld & 1 1 le to allow the pedestrian easement for the multi- use vathwav and the street buffer along Eagle Road to be completed with the first phase of development of the eastern 45 -acre Dortion of the plat d. Outstanding Issue(s) for City Council - i. None Southern Highlands AZ -13-016; PP -13-033 PAGE 1 ► I r i n n r i i Oil .: r i Southern Highlands AZ -13-016; PP -13-033 PAGE 1 EXHIBIT A III. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to approve File Numbers AZ -13- 016 & PP -13-033, as presented in the staff report for the hearing date of December 17, 2013, with the following modifications: (Add any proposed modifications). Denial After considering all staff, applicant and public testimony, I move to deny File Numbers AZ -13-016 & PP -13-033, as presented during the hearing on December 17, 2013, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Numbers AZ -13-016 & PP -13-033 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance.) IV. APPLICATION AND PROPERTY FACTS A. Site Address/Location: The site is generally located south of E. Amity Road, on the west side of S. Eagle Road and then north side of E. Taconic Drive, in Section 32, Township 3 North, Range 1 East. (Parcel Ws: R0988260168; R0988260164; R0988260242; R0988260167) B. Owner(s): Blackrock, LLC/Triple D Land and Livestock, LLC 16166 N. 20'h Street Nampa, Idaho 83687 City of Meridian 33 E. Broadway Avenue Meridian, ID 83642 C. Applicant: BHH Investments I, LLC 1025 S. Bridgeway Place, Ste. 290 Eagle, Idaho 83616 Southern Highlands AZ -13-016; PP -13-033 PAGE 2 11 1 1.1 1 1 1 S I I' Y 1 1 :•, II 7 MA 1/ r T S I 11777", 1 1' 1 1UrTTIM, 1 1 ♦ 1 l l 'Two 1 I I II' 11 11 I' 1 I Vil II 11 I NTMM 77 1 1 -- 1 1 I I'. r : 1 IIF 1 i 1 WIM 1 r, I I ♦ I I 1 i --�- ♦ 011 11 I' I' ' M111 II C• 1 1 11 _ 1 11 1 I I ' I I.''WO 77717tirl-- III. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to approve File Numbers AZ -13- 016 & PP -13-033, as presented in the staff report for the hearing date of December 17, 2013, with the following modifications: (Add any proposed modifications). Denial After considering all staff, applicant and public testimony, I move to deny File Numbers AZ -13-016 & PP -13-033, as presented during the hearing on December 17, 2013, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Numbers AZ -13-016 & PP -13-033 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance.) IV. APPLICATION AND PROPERTY FACTS A. Site Address/Location: The site is generally located south of E. Amity Road, on the west side of S. Eagle Road and then north side of E. Taconic Drive, in Section 32, Township 3 North, Range 1 East. (Parcel Ws: R0988260168; R0988260164; R0988260242; R0988260167) B. Owner(s): Blackrock, LLC/Triple D Land and Livestock, LLC 16166 N. 20'h Street Nampa, Idaho 83687 City of Meridian 33 E. Broadway Avenue Meridian, ID 83642 C. Applicant: BHH Investments I, LLC 1025 S. Bridgeway Place, Ste. 290 Eagle, Idaho 83616 Southern Highlands AZ -13-016; PP -13-033 PAGE 2 EXHIBIT A D. Representative: Matt Schultz, Schultz Development, LLC P.O. Box 1115 Meridian, ID 83680 E. Applicant's Statement/Justification: Please see applicant's narrative for this information. V. PROCESS FACTS A. The subject application is for annexation and zoning and preliminary plat. A public hearing is required before the Planning & Zoning Commission and City Council on this matter, consistent with Meridian City Code Title 11, Chapter 5. B. Newspaper notifications published on: November 4, and 18, 2013 (Commission); November 25. and December 9, 2013 (City Council) C. Radius notices mailed to properties within 300 feet on: October 24, 2013 (Commission); November 21, 2013 (City Council) D. Applicant posted notice on site(s) on: November 7, 2013 (Commission); December 4, 2013 (City Council VI. LAND USE A. Existing Land Use(s) and Zoning: This site consists of undeveloped land currently being fanned, zoned RUT in Ada County. The City has a well and lift station lot on this site adjacent to E. Taconic Drive. B. Character of Surrounding Area and Adjacent Land Use and Zoning: 1. North: Rural residential properties, zoned R-4 in the City and R1 & RUT in Ada County 2. East: Rural residential properties, zoned RUT in Ada County 3. South: Vacantlundeveloped property, zoned RUT in Ada County and residential properties, zoned RUT in Ada County 4. West: Residential properties, zoned RUT in Ada County C. History of Previous Actions: In 2006, the subject property was platted as Lots 16 and 24, Block 1, Blackrock Subdivision in Ada County. Blackrock Subdivision was developed in 2006 under the Ada County "non-farm" ordinance with 1/2 acre minimum lot sizes. The subject property on the north side of Taconic Drive and the property on the south side of Taconic Drive were platted as open space lots within Blackrock Subdivision. The portion of the property at the southwest corner of the subdivision was platted with urban density residential lots. Those lots were provided with City water and sewer service via a well and temporary 1ift station on the subject property through a Memo of Understanding (MOU) between Blackrock, LLC, Blackrock Subdivision HOA, and the City of Meridian. The MOU states, "At such time as the property becomes legally eligible for annexation into the City, Blackrock LLC or any successors) agree to give consent to annexation, to pay the annexation application fee, apply for annexation, and diligently pursue annexation into the City. " D. Utilities: 1. Location of sewer: This proposed development is currently not serviceable by the trunk sewer intended to provide service to the area, however the developer is proposing to provide service by extending temporary 8 -inch diameter sewer main into the area from the future Southern Highlands AZ -13-016; PP -13-033 PAGE 3 EXHIBIT A Whitebark Subdivision to the north. This temporary solution does have service limitations as to the overall number of lots allowed. This proposal has been reviewed by the Public Works Department, and has received conceptual approval. 2. Location of water: Water service to this development is contingent upon the developer extending a 12 -diameter water main into the area from the future Whitebark Subdivision to the north. This 12 -inch diameter main will need to connect to the existing 12 -inch diameter main serving Pressure Zone #4 in E. Taconic Drive. Developer will be required to provide two water main connections to any phase containing more than 25 lots, unless this number of lots is increased in the future by action of the City Council. Alternatively, the applicant may enter into non -build agreement with the City of Meridian on the number of lots beyond the above restriction. Said non -build agreement will be recorded into Ada County Records. A note shall be added to the face of the plat so that future lot buyers will be noticed, and a reference to said note shall be added to each affected lot. 3. Issues or concerns: Noted above E. Physical Features: 1. Canals/Ditches Irrigation: The Beasley Lateral and some other irrigation ditches traverse this site. The Ten Mile Creek runs along the northeast corner of the site. 2. Topography: There is a significant slope along the west boundary of the site (see contours on plat). 3. Hazards: Staff is not aware of any hazards that exist on this property. 4. Flood Plain: A portion of this site lies within the Meridian Floodplain Overlay District. VII. COMPREHENSIVE PLAN POLICIES AND GOALS The subject property is designated Low Density Residential (LDR) on the Future Land Use Map (FLUM) contained in the Comprehensive Plan. A public park is designated in this area on the Comprehensive Plan. The LDR designation allows for the development of single-family homes on large lots where urban services are provided. Uses may include single-family homes at gross densities of three dwelling units or less per acre. The western 79.1 acre portion of the site is proposed to develop with 162 residential building lots at a gross density of 2.05 dwelling units per acre. The eastern 45+/- acre portion of the site is proposed to be re -subdivided in the future with 115-120 building lots at a gross density of 2.6-2.7 dwelling units per acre. The maximum overall density of the subdivision is proposed to be 2.23 dwelling units per acre which is consistent with the LDR designation. The applicant proposes to dedicate a -7 3_6 acre neighborhood park to the City with development of this property in accord with the Comprehensive Plan. Staff finds the following Comprehensive Plan policies to be applicable to this application and apply to the proposed use of this property (staff analysis in italics): • "Support a variety of residential categories (low-, medium-, medium-high and high-density single-family, multi -family, townhouses, duplexes, apartments, condominiums, etc.) for the purpose of providing the City with a range of affordable housing opportunities." (3.07.01E) The proposed medium -low density residential development should add variety to the low density residential uses that exist in this area. Southern Highlands AZ -13-016; PP -13-033 PAGE 4 EXHIBIT A • "Require new residential development to meet development standards regarding landscaping, signage, fences and walls, etc." (3.05.02C) Street buffer landscaping is required adjacent to S. Eagle Road, an arterial street, and street buffer landscaping already exists along E. Taconic Drive, a collector street, in accord with the standards listed in UDC I1 -3B -7C. Separate permits shall be obtained for signage and fencing. Fencing shall comply with the standards listed in UDC 11-3A-7. • "Protect existing residential properties from incompatible land use development on adjacent parcels." (3.06.01F) The proposed medium low-density residential development should be compatible with existing adjacent residential and agricultural uses. • "Require common area in all subdivisions." (3.07.02F) The proposed plat depicts a total of 11.91 acres (or 15.1 %) of common area to be provided on the site. The UDC (11-3G-3) requires a minimum of 10% qualified open space to be provided in accord with the standards listed in UDC 11 -3G -3B. • "Provide a variety of park types (neighborhood parks, community parks, regional parks) interspersed throughout the community." The proposed plat depicts a 2 acre private park within the development as well as a 3.6 acre City park (with an additional 3.4 acres to be dedicated with the development of the Lot 1, Block 11 to the east). • "Support acquisition and development of new park land to meet the growing open space and recreational needs of the community." (2.01.04D) A public park site is designated on this property. Accordingly, the applicant proposes to dedicate a 7 -acre park site to the City. • "Require new urban density subdivisions which abut or are proximal to existing low density residential land uses to provide landscaped screening or transitional densities with larger, more comparable lot sizes to buffer the interface between urban level densities and rural residential densities." (3.05.02F) The proposed plat depicts larger size lots along the southwest boundary of the site as a transition to the larger lots in Blackrock Subdivision, an existing low density subdivision. A common lot is proposed along the west boundary adjacent to two rural residential/agricultural properties • "Permit new development only where urban services can be reasonably provided at the time of final approval and development is contiguous to the City." (3.01.01F) City services will be extended with the development of the site in accord with UDC 11-3A-21. VIII. UNIFIED DEVELOPMENT CODE (UDC) A. Purpose Statement of Zone: Per UDC 11-2A-1, the purpose of the residential districts is to provide for a range of housing opportunities consistent with the Meridian comprehensive plan. Residential districts are distinguished by the allowable density of dwelling units per acre and corresponding housing types that can be accommodated within the density range. The medium low-density residential (R-4) district allows a maximum gross density of 4 dwelling units per acre. B. Schedule of Use: Unified Development Code (UDC) Table 11-2A-2 lists the principal permitted Southern Highlands AZ -13-016; PP -13-033 PAGE 5 EXHIBIT A (P), accessory (A), conditional (C), and prohibited (-) uses in the R4 zoning district. Any use not explicitly listed, or listed as a prohibited use is prohibited. The proposed use of the property for single-family detached dwellings is a principal permitted use in the R-4 zoning district. C. Dimensional Standards: Development of the site should be consistent with the dimensional standards listed in UDC Tables 11-2A-5 for the R4 zoning district. D. Landscaping: Street buffer landscaping shall be installed in accordance with the standards listed in UDC Tables 11-2A-5 for the R-4 zoning district. E. Off -Street Parking: Off-street parking is required in accord with UDC Table 11-3C-6 for single- family dwellings. IX. ANALYSIS Analysis of Facts Leading to Staff Recommendation: A. Annexation & Zoning The applicant has applied to annex and zone a total of 126.27 acres of land with an R-4 zoning district; this land was previously platted as Lots 16 and 24, Block 1, Blackrock Subdivision. As discussed above in Section VII, the proposed zoning is consistent with the corresponding FLUM designation of LDR. The applicant proposes to develop single-family homes on the entire site; however, only the western 79.1 acres of land is proposed to be platted with single-family residential lots at this time. The remaining area is proposed to be platted as one large lot for future re -subdivision into 115- 120 single-family residential lots. A conceptual development plan was submitted for the large lot that depicts easements and right-of-ways for possible future street layouts (see Exhibit A.4). The legal description submitted with the application, included in Exhibit C, shows the boundaries of the property proposed to be annexed and rezoned. The property is contiguous to land that has been annexed into the City and is within the Area of City Impact boundary. The City may require a development agreement (DA) in conjunction with an annexation pursuant to Idaho Code section 67-6511A. In order to ensure the site develops as proposed with this application, staff recommends a DA is required as a provision of annexation with the provisions included in Exhibit B. Because the FLUM designation for this property is LDR, which allows for densities of 3 dwelling units per acre or less, Staff believes the proposed R-4 zoning is appropriate for this property. The R-2 zoning would limit densities to 2 units or less per acre. Even though the R4 zoning would allow up to 4 units per acre, the applicant is only proposing an overall density of 2.05-2.7 dwelling units per acre consist with the LDR designation. B. Preliminary Plat The proposed preliminary plat is a re -subdivision of Lots 16 and 24, Block 1, Blackrock Subdivision. The proposed plat consists of 162 single-family residential building lots, 12 common area lots, one lot for a city park, and one 45 -acre lot for future re -subdivision for single- family homes on 123.45 acres of land in the R-4 zoning district. A phasing plan was not submitted with this application; staff has requested the applicant provide one prior to the Council hearing. There is one parcel (R0988260167) and one lot (Lot 24, Block 1, Blackrock Subdivision) on this site that is owned by the City of Meridian and is depicted on the proposed plat as "NAP". This parcel and lot should be included as lots in the proposed subdivision. Southern Highlands AZ -13-016; PP -13-033 PAGE 6 EXHIBIT A Dimensional Standards: Staff has reviewed the proposed plat for compliance with the dimensional standards listed in UDC Table 11-2A-5 for the R4 district and found the plat to comply with those standards except for the following: 1) Lot 5, Block 2 and Lot 9, Block 7 needs to have a minimum street frontage of 60 feet; 2) Block 3 exceeds the maximum block length standard of 1,200 feet as defined in UDC 11 -6C -3F; and 3) the E. Treston Creek Way stub street at the west boundary exceeds the maximum cul-de-sac length of 450 feet allowed by UDC 11 -6C - 3B.4. The plat needs to be revised to comply with the aforementioned block length and cul- de-sac standards prior to the City Council meeting. Access: Access to this site is proposed on the plat from S. Eagle Road via E. Taconic Street. Stub streets are proposed to the north and east for future extension and interconnectivity. At this time, only a single -point of access is available to this subdivision. The ACHD 2035 Planning Functional Classification Map depicts two collector streets across this property. One would run north/south and connect E. Amity Road and E. Taconic Drive; the other would run east/west from Taconic to the west boundary of the site. The proposed plat does not depict a collector street in either of these areas. Two stub streets are proposed at the north boundary to align with the stub streets approved with the Whitebark Subdivision preliminary plat which will provide access between Amity & Taconic; another stub street is proposed to the north near the west boundary for future extension. Because there will ultimately be 3 connections between Amity and Taconic, staff does not feel a collector street in this area is needed. Instead of providing a collector street to the west, staff recommends S. Graphite Way be extended as a stub street to the west boundary for future extension; a temporary turn around will need to be provided for emergency access at the end of the stub street that meets Fire Department requirements. Comments have not yet been received from ACHD on this application; however, staff has discussed the plan for a collector street across this property and the absence of such on the proposed plat. ACHD has stated they are amenable to not having collector streets within this plat provided the aforementioned connections are made to the north & west. Because there are already 44 lots (approximately 30 of which are built out) in Blackrock Subdivision with a single -point of access off of Taconic Drive via Eagle Road, a secondary emergency access is needed at the point when the combined number of homes in Blackrock Subdivision and Southern Highlands Subdivision reaches 50 homes. The secondary access may be temporary until such time as a permanent secondary access is available. Water/Sewer Service: This proposed development is currently not serviceable by the trunk sewer intended to provide service to the area, however the developer is proposing to provide service by extending temporary 8 -inch diameter sewer main into the area from the future Whitebark Subdivision to the north. This temporary solution does have service limitations as to the overall number of lots allowed. This proposal has been reviewed by the Public Works Department, and has received conceptual approval. Water service to this development is contingent upon the developer extending a 12 -inch diameter water main into the area from the future Whitebark Subdivision to the north. This 12 -inch diameter main will need to connect to the existing 12 -inch diameter main serving Pressure Zone 44 in E. Taconic Drive. Developer will be required to provide two water main connections to any phase containing more than 25 lots, unless this number of lots is increased in the future by action of the City Council. Alternatively, the applicant may enter into non -build agreement with the City of Meridian on the number of lots beyond the above restriction. Said non -build agreement will be recorded into Ada County Records. A note shall be added to the face of the plat so that future lot buyers will be noticed, and a reference to said note shall be added to each affected lot. Southern Highlands AZ -13-016; PP -13-033 PAGE 7 EXHIBIT A Pressurized Irrigation (PI): PI will be provided by NMID via a new head gate on the Beasley Lateral at the northwest corner of Taconic Drive and Eagle Road. The current conceptual design calls for a pump station and gravity overflow to the Ten Mile Creek at this location. The exact design will be finalized with development plans and the first phase final plat. Storm Drainage: Storm drainage is proposed to be mitigated by detention/retention ponds and/or underground seepage bed disposal in accord with ACRD design criteria. Multi -Use Pathway: A multi -use pathway (Ten Mile pathway, segment F) is designated along the southwest side of the Ten Mile Creek which crosses the northeast corner of the site as depicted on the landscape plan. Staff recommends a minimum 14 -foot wide public pedestrian easement for a multi -use pathway is submitted to the Planning Division, approved by City Council and recorded prior to signature by the City Engineer on the first final plat. Landscaping: A landscape plan was submitted with this application for the area proposed to be platted as shown in Exhibit A.3. Because the proposed plat is a re -subdivision of two existing lots in Ada County, a 30 -foot wide street buffer already exists along E. Taconic Drive but landscaping details are not shown for that area on the plan. A minimum 25 -foot wide street buffer is required along S. Eagle Road; staff recommends this buffer be constructed with the first phase of development. Landscaping within both street buffers is required to comply with the standards listed in UDC 11 -3B -7C; a detailed plan demonstrating compliance with these standards is required to be submitted with the final plat application(s) for this subdivision. Open Space & Site Amenities: Based on the 79.1 acre portion of the site proposed to be developed at this time, a minimum of 10% of the site (or 7.91 acres) is required to consist of qualified open space as defined in UDC 11 -3G -3B. The applicant proposes a total 12.16 acres (or 15.4%) of open space consisting of a 3.57 acre public park, a 2 acre private park, pathways and other common areas, street buffers along E. Taconic Street and S. Eagle Road, and parkways along internal local streets in compliance with this requirement. In accord with UDC 11 -3G -3A.2, a minimum of 4 qualified site amenities are required to be provided with this development as set forth in UDC 11 -3G -3C. The applicant proposes an additional 5% of open space, pathways, a swimming pool, clubhouse, tot lot/playground, and picnic shelter in compliance with this requirement. The applicant states the pool will be available for use by the adjacent Blackrock Subdivision residents for a nominal fee. City Park: The applicant proposes to dedicate a q 3_6 acre park site to the City with the western 79 acre portion of this development in accord with the Comprehensive Plan as discussed above in Section VII. The remaining 3.4 acre portion of the nark as shown on the preliminary_ plat on Lot 1. Block 11 will develon_in the future. plat.1, Bleak 11 as shevffl on the The applicant is currently working with the Parks and Recreation Department on conceptual plans for the park. The applicant has stated they are prepared to deed the 3.6 acre portion of the park to the City prior to issuance of the 120' building permit. Parkways: Eight -foot wide landscaped parkways are depicted on the landscape plan along all internal local streets. Parkways are required to comply with the standards listed in UDC 11-3A- 17. Southern Highlands AZ -13-016; PP -13-033 PAGE 8 EXHIBIT A Sidewalks: Sidewalks are required along all public streets as set forth in UDC 11-3A-17. A 5 - foot wide detached sidewalk is required along E. Taconic Drive and S. Eagle Road. When parkways are proposed, sidewalks shall be detached a minimum of 8 feet from the back of curb. The applicant is requesting a waiver to the requirement for a sidewalk on the north side of Taconic Drive due to the substantial mature landscaping that would be required to be removed to accommodate a detached sidewalk in this area. The south side of Taconic Drive has an existing 10 -foot wide paved pathway for the entire length to Eagle Road that will be connected to the north side of Taconic via cross walks at various locations. The UDC does not allow for a waiver or alternative compliance to this requirement, nor is a variance appropriate. A 30 foot wide landscape easement is depicted on the plat along Taconic Drive; Staff recommends the sidewalk be located near the back edge of the easement/street buffer so the existing trees can remain. Waterways: There are several irrigation ditches that traverse this site that are required to be piped with development of the site. The Ten Mile Creek runs along the northeast corner of the site and is required to remain open. Floodplain: A portion of this site lies within the Meridian Floodplain Overlay District. Prior to any development occurring in the Overlay District, a floodplain permit application, including hydraulic and hydrologic analysis is required to be completed and submitted to the City and approved by the Floodplain Administrator, per MCC 10-6. Topography: The existing homes in Blackrock Subdivision to the southwest of this site are located on a ridge approximately 2040 feet above the proposed subdivision. The proposed home elevations will range from 18 to 25 feet below the first floor elevations of adjacent Blackrock homes, per the applicant. The building lots along the southwest boundary of the proposed plat have a 50 -foot wide slope easement along the rear lot lines. This area is proposed to be maintained by the individual homeowners and should be landscape and maintained in a consistent manner. Because there is not an easement holder in this case, staff recommends a minimum 70 -foot wide rear building setback be required for those lots rather than an easement. Building Elevations: The applicant has submitted conceptual building elevations for the future homes in this development, included in Exhibit A.4. Because lots that back up to or face S. Eagle Road and E. Taconic Drive will be highly visible from these major thoroughfares, staff recommends the rear or sides of structures on lots that back up to or face E. Taconic Drive and S. Eagle Road incorporate articulation through changes in materials, color, modulation, and architectural elements (horizontal and vertical) to break up monotonous wall planes and roof lines. In summary, Staff recommends approval of the proposed annexation and preliminary plat request for this site with the recommended conditions listed in Exhibit B of this report in accord with the findings contained in Exhibit C. X. EXHIBITS A. Drawings/Other 1. Vicinity/Zoning Map 2. Proposed Preliminary Plat (dated: 10121/1312/12/13) 3. Proposed Landscape Plan (dated: 1OAN 4- 2/16/13) 4. Geneeptual DeyeiepmentPjaa (dated.: 10A21" Southern Highlands AZ -13-016; PP -13-033 PAGE 9 EXHIBIT A 5. Conceptual Building Elevations 6. Whitebark Temporary Sanitary Sewer Plan (REVISED 7. Lot Profile Exhibit B. Agency & Department Comments/Conditions C. Legal Description & Exhibit Map for Annexation Boundary D. Required Findings from Unified Development Code Southern Highlands AZ -13-016; PP -13-033 PAGE 10 EXHIBIT A A. Drawings 1. Vicinity/Zoning Map Exhibit A Page 1 W s i i EXHIBIT A 2. Proposed Preliminary Plat (dated: ' 042 V 12/12/13 Cf9JWMA�YlIAr FOR `•�'�II6i/O�i-lq{wtlOM-ml �l�1bIfY1 �n-nio+++�ristotw+Rue roeut.s•m.� �r� kSUM Moor a A t ss a a 1 s • s. w a s as IA L \$a $sa 8�---zw- s Exhibit A Page 1 MOTMSal .f.S r �aat�uow Down- S� . y��i L� • iiiT.Zw .�. ��a' A --•� w•rwwY • w-Mw��wtt,w•e r\�Iglt-IYI,IOw�•10 .lw ww gr�wr -� a •-- M�tll•Mllt ��� _ •-�MMItR •Ir1�Mrt ___.._ t v rr A•� YPO r 0 11-.0 Y1rr — MY •. M �� rwa ria.•-� r . � � M Exhibit A Page 1 EXHIBIT A Conceptual Phasing Plan {LlttilV3 Exhibit A Page 2 EXHIBIT A 3. Proposed Landscape Plan (dated: 'n% ]2/16/]3) PLANT &C4CMLE IM LANDBGAM GALGJLATiON6 NoTts S. eAOLC RD. DJMVR •[-TION Exhibit A Page 3 C 091 EXHIBIT A MUM IR -4 "M R-4 R-4 R-4 R-4 wrote w "Icr EXHIBIT A 5. Conceptual Building Elevations -3- EXHIBIT A 6. Whitebark Temporary Sanitary Sewer Plan -4- EXHIBIT A This information is being provided to clarify the. available capacity of the temporary sewer service to the area south of Amity Road, generally southeast of the Estancia Subdivision. The available capacity in the temporary main is detailed below, and is to be consumed on a first come, first served basis. The table below illustrates the declining balance of said capacity as it is being consumed by developments within the Temporary Sewer Service Area. Table 1 - Temporary Sewer Service Area — Declining Balance Tabulation Available Temporary Capacity 258 Dwell*Units Blackrock (Existing Sub.) (44) Whitebark (Phase 1) (29) Southern Highlands (Preliminary Plat) (169) Remaining Capacity 16 Dwelling Units -5- 7. Lot Profile Exhibit EXHIBIT A PR(OMVWlDVXM#tR'N 1#1(J6 -k-AW.MMK%M ON APPROXIMATE LOT PROFILE 9W 3 OF EXHIBIT A B. EXHIBIT B - AGENCY & DEPARTMENT COMMENTS/CONDITIONS 1. PLANNING DEPARTMENT 1.1 Site Specific Conditions of Approval 1.1.1 A Development Agreement (DA) is required as a provision of annexation of the western 79 acre Rgdig.ndthis property. Prior to the annexation ordinance approval, a DA shall be entered into between the City of Meridian, the property owner(s) at the time of annexation ordinance adoption, and the developer. The Applicant shall contact the City Attorney's Office to initiate this process. The DA shall be signed by the property owner and returned to the City within two (2) years of the City Council granting annexation. Currently, a fee of $303.00 shall be paid by the applicant to the City Clerk's office prior to commencement of the DA. The DA shall, at minimum, incorporate the following provisions: The provisions of hi agreement hall only annly to the western 79 acre nortion of he ion area and Qhall not incl •de of 11 HtocklL n The deyel, pep O ffhe . e...8FR 79 .. a eFti .« of the j49 shall deed a miffifflufa7 3.6 aeFe b. The devakmer- of the eas4em 45 aef;e e..tie e f the site (Lot 1 13leek 1 1 \ shall de i L _) rJeF to •fµ c. Direct lot access to E. Taconic Drive and S. Eagle Road is prohibited in accord with UDC 11- 3A-3. f. The western 79+/- acre portion of the subdivision shall contain 12,000 square foot (s.f.) minimum lot sizes with 2,000 s.f. minimum home sizes, and a maximum residential lot count of 442162building lots. with the R 4 standaMs and sha4l eentain a ma*imum of 120 building lets. Develepment shall h. All future homes constructed on the western 79+/- acre portion of this site ineludifighetHes within the FdWre deyelepment am shall be generally consistent with the conceptual building elevations submitted with this application included in Exhibit A.4. i. The rear or side of structures on lots that back up to or face E. Taconic Drive and S. Engle Read shall incorporate articulation through changes in materials, color, modulation, and architectural elements (horizontal and vertical) to break up monotonous wall planes and roof lines. 17M. Iq• M; • -1 •1 • : • 1•_ • 11 • • 11 a 1' •1 •J GUVA11 LiV •N 1 t6j 11 §4 (11111 LIN L-VL41 3 (OR$1 1 • I - • • 1 • • -7- EXHIBIT A 1.1.2 The preliminary plat included in Exhibit A.2 shall be revised as follows: a. The E. Tresten Creek Way stub street at the west beandeFy e*eeeds tb de see length of 450 feet allowed by-UDGI 1 6C--3B:41uad Nv& z exeeeds bleek length standards defined -a UDC 11 6C- 3F. The plat shall be revised neeordin pi4or to the City Couneil meeting. The plat was revised as requested. b. The street buffers along S. Eagle Road and E. Taconic Drive shall be included in common lots to be owned and maintained by the homeowner's association in accord with UDC 11 -3B - 7C.2. e. Lot > Bleek 2 and Lot 9, . The revised plat includes this change. d. There are two streets named S. Shady Glade Street; revise accordingly. f. The parcel (R0988260167) and existing Lot 24, Block 1 owned by the City of Meridian depicted as "NAP" shall be included as a lot and block in the proposed subdivision. g. Modify note #6 to read, "Direct lot access to E. Taconic Drive and S. Eagle Road is prohibited for residential lots." h. S. Graphite Way shall be extended to the west property boundary for future extension. A temporary turnaround that meets Fire Department standards is required until such time as the street is extended. 1.1.3 The landscape plan included in Exhibit A.3 shall be revised as follows: a. Include details for the existing landscaping within the street buffer along E. Taconic Drive to ensure compliance with the standards listed in UDC 11 -3B -7C. b. Include tree class in the plant schedule. c. Depict landscaping on Lot 17C, Block 7. d. Include parcel #R0988260167 and the portion of the existing Lot 24, Block 1 owned by the City of Meridian depicted as "NAP" within the boundary of the subdivision; remove the "NAP". 1.1.4 The developer shall construct all proposed fencing and/or any fencing required by the UDC, consistent with the standards as set forth in UDC 11-3A-7 and 11 -3A -6B. 1.1.5 The developer shall provide a total of 42.16 9 acres (or 43-4 1 L4%) of qualified open space as proposed consisting of a 9.57 aem publie park, a 2A acre private park, several pocket parks, street buffers along E. Taconic Street and S. Eagle Road, and parkways along internal local streets, in accord with UDC 11 -3G -3B. 1.1.6 In accord with the site amenity requirements listed in UDC 11-3G-3, the developer shall provide an additional 5% of open spaeo, pathways, a swimming pool, pool house, tot lot/playground, and picnic shelter as proposed. The construction of the swimming pool and pool house may be deferred until the second phase of develo men . 1.1.7 The developer shall abandon the Beasley Lateral easement and relocate the lateral and new easement with development of Lot 1, Block 11. 1.1.8 The developer shall obtain an easement from the U.S. Bureau of Reclamation for the 14 -foot wide recreational pathway easement along the Ten Mile Creek with development of Lot 1. Block -8- EXHIBIT A 1.1.9 The developer shall obtain an encroachment agreement from the irrigation district for the building lots (Lots 18, and 21, Block 3) that encroach within the Peirce Lateral easement along the southwest corner of the subdivision. 1.1.10 The developer shall obtain a license agreement for any improvements on Lot 38C, Block 3 that lie within the irrigation easement for the Pierce Lateral. 1.1.11 Prior to any development occurring in the Overlay District, a floodplain permit application, including hydraulic and hydrologic analysis is required to be completed and submitted to the City and approved by the Floodplain Administrator, per MCC 10-6. 1.1.12 The CC&R's for this subdivision shall include a provision for the slope area on Lots 3-17, Block 3 at the southwest boundary to be landscaped and maintained in a consistent manner. 1.1.13 A secondary emergency access is required at the point when the combined number of homes in Blackrock Subdivision and Southern Highlands Subdivision reaches 50 homes. The secondary access may be temporary until such time as a permanent secondary access is available. 1.2 General Conditions of Approval 1.2.1 Comply with all bulk, use, and development standards of the R-4 zoning district listed in UDC Table 11-2-A-5. 1.2.2 Comply with all provisions of 11-3A-3 with regard to access to streets. Direct access to Director Street is prohibited. 1.2.3 Construct on -street bikeways on all collector streets as set forth in UDC 11-3A-5. 1.2.4 Comply with the provisions for irrigation ditches, laterals, canals and/or drainage courses, as set forth in UDC 11-3A-6. 1.2.5 Provide a pressurized irrigation system consistent with the standards as set forth in UDC 11-3A- 15, UDC 11-3B-6 and MCC 9-1-28. 1.2.6 Comply with the sidewalk standards as set forth in UDC 11-3A-17. 1.2.7 Install all utilities consistent with the standards as set forth in UDC 11-3A-21 and 11 -3B -5J. 1.2.8 Construct all off-street parking areas consistent with the standards as set forth in UDC 11-3C-6 for single-family dwellings. 1.2.9 Construct the required landscape buffers consistent with the standards as set forth in UDC 11 -3B - 7C. 1.2.10 Construct storm water integration facilities that meet the standards asset forth in UDC 11-3B- 11 C. -9- EXHIBIT A 1.2.11 Construct all parkways consistent with the standards asset forth in UDC 11 -3A -17E, 11-3G-3135 and 11-313-7C. 1.2.12 Comply with all subdivision design and improvement standards as set forth in UDC I 1-6C-3, including but not limited to cul-de-sacs, alleys, driveways, common driveways, easements, blocks, street buffers, and mailbox placement. 1.2.13 Protect any existing trees on the subject property that are greater than four -inch caliper and/or mitigate for the loss of such trees as set forth in UDC 11-313-10. 1.2.14 Comply with all provisions of UDC 11-3A-3 with regard to maintaining the clear vision triangle. 1.3 Ongoing Conditions of Approval 1.3.1 The applicant and/or assigns shall have the continuing obligation to provide irrigation that meets the standards as set forth in UDC 11-3B-6 and to install and maintain all landscaping as set forth in UDC 11-313-5, UDC 11-313-13 and UDC 11-313-14. 1.3.2 All common open space and site amenities shall be maintained by an owner's association as set forth in UDC 11 -3G -3F1. 1.3.3 The project is subject to all current City of Meridian ordinances and previous conditions of approval associated with this site. 1.3.4 The applicant and/or property owner shall have an ongoing obligation to prune all trees to a minimum height of six feet above the ground or sidewalk surface to afford greater visibility of the area. 1.3.5 The applicant shall have an ongoing obligation to maintain all pathways. 1.3.6 The applicant has a continuing obligation to comply with the outdoor lighting provisions as set forth in UDC 11-3A-11. 1.3.7 The applicant and/or property owner shall have an ongoing obligation to maintain all landscaping and constructed features within the clear vision triangle consistent with the standards in UDC 1I - 3A -3. 1.4 Process Conditions of Approval 1.4.1 No signs are approved with this application. Prior to installing any signs on the property, the applicant shall submit a sign permit application consistent with the standards in UDC Chapter 3 Article D and receive approval for such signs. 1.4.2 The applicant shall complete all improvements related to public life, safety, and health as set forth in UDC 11 -5C -3B. A surety agreement may be accepted for other improvements in accord with UDC 11 -5C -3C. 1.4.3 The final plat, and any phase thereof, shall substantially comply with the approved preliminary plat asset forth in UDC 11-613-3C2. 1.4.4 The applicant shall obtain approval for all successive phases of the preliminary plat within two years of the signature of the City Engineer on the previous final plat as set forth in UDC 11-613- 78 (if applicable). 1.4.5 The preliminary plat approval shall be null and void if the applicant fails to either 1) obtain the City Engineer signature on a final plat within two years; or, 2) gain approval of a time extension as set forth in UDC 11-613-7. 1.4.6 Upon installation of the landscaping and prior to inspection by Planning Division staff, the applicant shall provide a written certificate of completion as set forth in UDC 11-313-14A. -10- EXHIBIT A 2. PUBLIC WORKS DEPARTMENT 2.1 Site Specific Conditions of Approval 2.1.1 This proposed development is currently not serviceable by the trunk sewer intended to provide service to the area, however the developer is proposing to provide service by extending temporary 8 -inch diameter sewer main into the area from the future Whitebark Subdivision to the north. This temporary solution does have service limitations as to the overall number of lots allowed. This proposal has been reviewed by the Public Works Department, and has received conceptual approval; however it shall be limited to a total of 244 2M lots as depicted on the "Southern Highlands Temporary Sanitary Sewer Plan" map and "Table 1" that is attached as Exhibit A-6. The 244 2M lot maximum threshold for the temporary service boundary will be considered on a first come, first served basis. The applicant shall also be responsible for the extension of the trunk main through this development, in general conformance to the sewer master plan. City Council approval of this pr_Qliminaly vial shall gause those 169 lot to be vested ;n the Temporary Sewer Service Area 2.1.2 Water service to this development is contingent upon the developer extending a 12 -diameter water main into the area from the future Whitebark Subdivision to the north. This 12 -inch diameter main will need to connect to the existing 12 -inch diameter main serving Pressure Zone #4 in E. Taconic Drive. Developer will be required to provide two water main connections to any phase containing more than 25 lots, unless this number of lots is increased in the future by action of the City Council. Alternatively, the applicant may enter into non -build agreement with the City of Meridian on the number of lots beyond the above restriction. Said non -build agreement will be recorded into Ada County Records. A note shall be added to the face of the plat so that future lot buyers will be noticed, and a reference to said note shall be added to each affected lot. 2.1.3 Applicant shall be required to extend an 8 -inch diameter water main from the end of the S. Graphite Way cul-de-sac across Lot 18, Block 3 to the west property line in alignment with the shared property line between Parcels #R8847000120 and # R8847000155. 2.1.4 Due to the elevation differentials in this development, the applicant shall be required to submit an engineered master grading and drainage plan for approval by the Community Development Department prior to signature on the final plat by the City Engineer. This plan shall establish, at a minimum; the finish floor elevation of each building lot, the finish grade elevations of the rear lot corners, the drainage patterns away from each building pad, the drainage patterns of the overall blocks, and any special swales or subsurface drainage features necessary to control and maintain storm water drainage. Applicant's engineer shall consult the 2009 International Residential Code when establishing the finish floor elevations and drainage patterns away from the building pads. 2.2 General Conditions of Approval 2.2.1 Applicant shall coordinate water and sewer main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service outside of a public right-of-way. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub -grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2.2.2 Per Meridian City Code, the applicant shall be responsible to install sewer and water mains to and through this development. 2.2.3 The applicant shall provide easement(s) for all public water/sewer mains outside of public right of way (include all water services and hydrants). The easement widths shall be 20 -feet wide for a single utility, or 30 -feet wide for two. The easements shall not be dedicated via the plat, but -11- EXHIBIT A rather dedicated outside the plat process using the City of Meridian's standard forms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement (on the form available from Public Works), a legal description prepared by an Idaho Licensed Professional Land Surveyor, which must include the area of the easement (marked EXHIBIT A) and an 81/2" x 11" map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. 2.2.4 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 12-13-8.3). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single -point connection to the culinary water system shall be required. If a single -point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to prior to receiving development plan approval. 2.2.5 All existing structures that are required to be removed shall be prior to signature on the final plat by the City Engineer. 2.2.6 All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per UDC 11-3A-6. Plans shall be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or non -approval submitted to the Public Works Department. If lateral users association approval can't be obtained, alternate plans shall be reviewed and approved by the Meridian City Engineer prior to final plat signature. 2.2.7 Any existing domestic well system within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9 4 8 contact the City of Meridian Engineering Department at (208)898-5500 for inspections of disconnection of services. Wells may be used for non-domestic purposes such as landscape irrigation if approved by Idaho Department of Water Resources Contact Robert B. Whitney at (208)334-2190. 2.2.8 Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 8. Contact Central District Health for abandonment procedures and inspections (208)375-5211. 2.2.9 Street signs are to be in place, sanitary sewer and water system shall be approved and activated, fencing installed, drainage lots constructed, road base approved by the Ada County Highway District and the Final Plat for this subdivision shall be recorded, prior to applying for building permits. 2.2.10 A letter of credit or cash surety in the amount of 110% will be required for all uncompleted fencing, landscaping, amenities, etc., prior to signature on the final plat. 2.2.11 All development improvements, including but not limited to sewer and water, fencing, micro - paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy. 2.2.12 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to the issuance of a plan approval letter. 2.2.13 It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 2.2.14 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. -12- EXHIBIT A 2.2.15 Developer shall coordinate mailbox locations with the Meridian Post Office. 2.2.16 All grading of the site shall be performed in conformance with MCC 11-12-3H. 2.2.17 Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 2.2.18 The engineer shall be required to certify that the street centerline elevations are set a minimum of 3 -feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1 -foot above. 2.2.19 The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACRD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. 2.2.20 At the completion of the project, the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 2.2.21 100 Watt and 250 Watt, high-pressure sodium street lights shall be required on all public roadways per the City of Meridian Improvement Standards for Street Lighting. All street lights shall be installed at developer's expense. Final design shall be submitted as part of the development plan set for approval, which must include the location of any existing street lights. Street lighting is required at intersections, comers, cul-de-sacs, and at a spacing that does not exceed that outlined in the Standards. The contractor's work and materials shall conform to the ISPWC and the City of Meridian Supplemental Specifications to the ISPWC. 2.2.22 The City of Meridian requires that the owner post to the City a performance surety in the amount of 125% of the total construction cost for all incomplete sewer, water and reuse infrastructure prior to final plat signature. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Please contact Land Development Service for more information at 887-2211. 2.2.23 The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20% of the total construction cost for all completed sewer, water and reuse infrastructure for duration of two years. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Please contact Land Development Service for more information at 887-2211. 3. POLICE DEPARTMENT 3.1 The Police Department has concerns on the number of homes to be constructed in the proposed subdivision that will be in addition to the approximately 30 homes currently located in Black Rock Subdivision. All of these homes will have a single access point from Taconic Drive. Should there be any obstruction or delay at the intersection of S. Eagle Road and Taconic Drive, emergency services would have no access to approximately 225 homes. This is not acceptable and will require a provision for secondary access to be constructed at the point the combined Southern Highlands and Black Rock subdivisions reach 50 homes. This access can be a temporary "emergency" access. 4. FIRE DEPARTMENT 4.1 One and two family dwellings not exceeding 3,600 square feet require a fine -flow of 1,000 gallons per minute for a duration of 2 hours to service the entire project. One and two family dwellings in SWE EXHIBIT A excess of 3,600 square feet require a minimum fire flow as specified in Appendix B of the International Fire Code. Fire Hydrant spacing shall be provided as required by Appendix C of the International Fire Code. 4.2 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department in accordance with International Fire Code Section (IFC) 508.5.4 as follows: a. Fire hydrants shall have the 4 ''/z" outlet face the main street or parking lot drive aisle. b. Fire hydrants shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works specifications. d. Fire Hydrants shall be placed on corners when spacing permits. e. Fire hydrants shall not have any vertical obstructions to outlets within 10'. f. Fire hydrants shall be placed 18" above finished grade to the center of the 4 %Z" outlets. g. Fire hydrants shall be provided to meet the requirements of IFC Section 509.5. h. Show all proposed or existing hydrants for all new construction or additions to existing buildings within 1,000 feet of the project. 4.3 All entrances, internal roads, drive aisles, and alleys shall have a turning radius of 28' inside and 48' outside, per International Fire Code Section 503.2.4. 4.4 Fire lanes, streets, and structures (including the canopy height of mature trees) shall have a vertical clearance of 13'6 as set forth in International Fire Code Section 503.2.1. 4.5 Operational fire hydrants, temporary or permanent street signs, and access roads with an all weather surface are required to be installed before combustible construction material is brought onto the site, as set forth in International Fire Code Section (IFC) 501.4 and Meridian amendment to IFC 10-4-21 4.6 To increase emergency access to the site a minimum of two points of access will be required for any portion of the project which serves more than 50 homes, as set forth in International Fire Code Section D107.1. The two entrances should be separated by no less than '/z the diagonal measurement of the full development as set forth in International Fire Code Section D104.3. The applicant shall provide a stub street to the property to the (west/easdnorth/south). 4.7 The roadways shall be built to Ada County Highway District cross section standards and have a clear driving surface. Streets less than 26' in width shall have no on -street parking; streets less than 32' in width shall have parking only on one side. These measurements shall be based on the drivable surface dimension exclusive of shoulders. The overhead clearance shall be a minimum of 13' 6". The roadway shall be able to accommodate an imposed load of 75,000 GVW as set forth in International Fire Code Section 503.2.1. and D103.6.1 and D103.6.2. 4.8 The applicant shall work with Public Works and Planning Department staff to provide an address identification plan and a sign which meets the requirements of the City of Meridian sign ordinance and is placed in a position that is plainly legible and visible from the street or road fronting the property, as set forth in International Fire Code Section 505.1. 4.9 The Fire Department has concerns on the number of homes to be constructed in the proposed subdivision that will be in addition to the approximately 30 homes currently located in Black Rock Subdivision. All of these homes will have a single access point from Taconic Drive. Should there be any obstruction or delay at the intersection of S. Eagle Road and Taconic Drive, emergency services would have no access to approximately 225 homes. This is not acceptable and will require a provision for secondary access to be constructed at -14- EXHIBIT A the point the combined Southern Highlands and Black Rock subdivisions reach 50 homes. This access can be a temporary "emergency" access. 5. REPUBLIC SERVICES 5.1 Republic Services did not submit comments on this application. 6. PARKS DEPARTMENT 6.1 The Meridian Pathways Master Plan depicts a multi -use pathway on the south/west side of the Ten Mile Creek. 7. ADA COUNTY HIGHWAY DISTRICT Comments have not yet been received from ACHD on this application. -15- EXHIBIT A C. Legal Description & Exhibit Map for Annexation Boundary mT -O ENGINEERS CONSULTING ENGINEERS. SURVEYORS AND PLANNERS 332 N. BROADMORE WAY SUITE 701 NAMP& IDAHO 83687 208.44240M • FAX 206495 -CW Project: 130164 Date: November 1, 2013 Page: i of 3 SOUTHERN HIGHLANDS SUBDIVISION ANNEXATION BOUNDARY This parcel is situated in a portion of Section 32, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, more particularly described as Lots 16 and 24, Block 1, a portion of Lot 1, Block 4, a portion of Lot 1, Block 5, and a portion of Lot 1, Block 6 of Blackrock Subdivision No. 1, on file in the office of the Recorder, Ada County, Idaho, in Book 96, Pages 12003-12008, and a portion of S. Eagle Road and E. Taconic Drive Right -of -Ways, the exterior boundary of which is more particularly described as follows: BEGINNING at the northeast comer of the SE 114 of said Section 32 from which the northeast comer of said Section 32 bears N.00' 13' 13"E., 2677.32 feet; thence along the east boundary of said SEv4, A) S.00° 13'44"W.,142.17 feet to the intersection of the centerline of said F. Taconic Drive; thence along said centerline, I ) N.89048'38"W., 528.23 feet to a tangent point of curvature; thence continuing along a curve to the right, 2) having an are length of 268.04 feet, a radius of 750.00 feet, through a central angle of 20°28'36" and a chord bearing of N.79634'20"W., 266.61 feet to a tangent point of reverse curvature; thence continuing along a curve to the left, 3) having an are length of 266.17 feet, it radius of 750.00 feet, through a central angle of 20°20'03" and a chord bearing of N.79°30'03"W., 264.78 feet to a point of tangency; thence continuing, 4) N.89°40'05"W., 802.51 feet to a tangent point of curvature; thence continuing along a curve to the left, 5) having an arc length of 409.39 feet, a radius of 500.00 foci, through a central angle of 46°54'46" and a chord bearing of S.66°52'3TV., 398.05 feet to a point of tangency, thence continuing, 6) S.43-25'(WV., 584.72 feet; thence leaving said centerline, BOISE • COEUR d'ALENE • NAMPA -16- EXHIBIT A Project: 130164 Date: November 1, 2013 Page: 2 of 3 7) N.46°34'51 "W., 25.00 feet to the most easterly comer of Lot 23, Block I of aforementioned Blackrock Subdivision No. 1; thence along the northeasterly boundary of said Lot 23, 8) N.46°34'51"W., 190.00 fat to the easterly corner cannon to Lots 22 and 23, Block I of said Blackrock Subdivision No. 1; theme along the northeasterly boundary of said Lot 22, 9) N.74°49132"W.,192.99 fat to the easterly comer cornmon to lots 21 and 22, Block I of said Blackrock Subdivision No. 1; thence along the northeasterly boundary of said Lot 2l, 10) N.63 -50-17-W, 178.01 feet to the easterly comer common to Lots 20 and 21, Block I of said Blackrock Subdivision No. 1; thence along the northeasterly boundary of said Lot 20, 11) N.37°30'04"W.,172.16 feet to the easterly comer common to Lots 19 and 20, Block I of said Blackrock Subdivision No. l; thence along the northeasterly boundary of said Lot 19, 12) N.41°47'50"W., 170.59 fed to the easterly corner co nmon to Lots 18 and 19, Block I of said Blackrock Subdivision No. 1; thence along the northeastedy boundary of said Lot IS, 13) N.57°19'56"W., 173.04 fat to the easterly comer coni non to Lots 17 and 18, Block 1 of said Blackrock Subdivision No. 1; thence along the northeasterly boundary of said Lot 17, 14) N.36045'SO"W., 172.53 feet to the most northerly comer of said Lot 17; thence along the northwesterly boundary of said Lot 17, 15) S.46°34'39"W., 161.81 feet to the most westerly corner of said Lot 17; thence, 16) S.65°59'30"W., 50.05 feet to the northeast comer of Lot 15, Block i of said Blackrock Subdivision No. 1; thence along the north boundary of said Lot 15, 17) S.99°49'48"W., 235.10 feet to the northeast corner of Lot 10. Block 1 of said Blackrock Subdivision No. l; thence along the north boundary of said Lot 10, Bi -17- EXHIBIT A Project: 130164 Date: November 1, 2013 Page: 3 of 3 18) S.89°49'48"W., 20.00 feet to the northwest corner of said Lot 10, said point being on the west boundary of the NE 1/4 of the SW 1/4 of said Section 32; thence along said wrest boundary, 19) N.000I0'I 2"W., 2.24 feet to the Southwest corner of the SE 1/4 of the NW 114 of said Section 32; thence along the west boundary of said SE 114 of the NW 1/4, 20) N.000S3' 12"E.,1337.41 feet to the northwest vomer of said SE 1/4 of the NW 1/4; thence along the north boundary of said SE 1/4 of the NW 1/4, 21) S.Vr43'S 1 "E.,1335.91 feet to the northwest corner of the S 1/2 of the NE 114 of said Section 32; theme along the north boundary of said S 1/2 of the NE 1/4, 22) S.89°41'S6"E.,171 SA3 feet to the northeasterly top of bank of the Ten Mile Drain and the easterly boundary of aforementioned Lot 16, Block 1 of Blackrock Subdivision No. l; thence along said top of bank and said easterly boundary, 23) S.36°35150"E.,198.56 feet; thence continuing, 24) S.47°26109^E., 889.12 feet; thence leaving said top of bank and continuing akmg said easterly boundary, 2S) N.W39'49"W.,113.10 feet; thence continuing, 26)S.00 -13-14-W., 235.57 feet; thence continuing, 27) S.89°3949"E., 276.89 feet to a point on the east boundary of the NE 1/4 of said Section 32; thence along said east boundary, 28) S.00°13' 1 S -W., 326.34 feet to the POINT OF BEGINNING. CONTAINING 126.27 acres, more or less. BOISE • COEUR d'ALENE • NAMPA -18- EXHIBIT A MT -O ENGINEERS CONSULTING ENGINEERS, SURVEYORS AND PLANNERS 332 k BROADMORE WAY SU1rE 101 NAMPA, IDAHO SW 2OB44243W • FAX 20846540" Project: 130164 Date. December 19, 2013 Page: I of 2 SOUTHERN HIGHLANDS SUBDIVISION R-2 ANNEXATION BOUNDARY This parcel is situated in a portion of Section 32, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, more particularly described as Lot 24, Block 1, a portion of Lot 16, Block 1, a portion of Lot 1, Block 5, and a portion of Lot I, Block 6 of Blackrock Subdivision No. 1, on file in the office ofthe Recorder, Ada County, Idaho, in Book 96, Pages 12003-12008, and a portion of S. Eagle Road and F Taconic Drive Right -of -Ways, the exterior boundary of which is more particularly described as follows: BEGINNING at the northeast comer of the SE 1/4 of said Section 32 from which the northeast corner of said Section 32 bears N.000 13'1 5"E., 2677.52 feet; thernce along the east boundary of said SEI/4, A) S.00.13'44"W, 142.17 feet to the intersection of the centerline of said E. Taconic Drive; thence along said centerline, 1) N.89048'38"W., 528.23 feet to a tangent point of curvature; thence continuing along a curve to the right, 2) having an arc length of 268.04 feet, a radius of 730.00 feet, through a central angle of 201128'36" and a chord bearing of N.79034'20"W., 266.61 feet to a tangent point of reverse curvature; thence continuing along a curve to the left, 3) having an arc length of 266.17 feet, a radius of 750.00 feet, through a central angle of 20°20'03" and a chord bearing of MM30'03"W., 264.78 feet to a point of tangency; thence continuing, 4) N.8V40'0S"W., 65$.34 feet; thence leaving said centerline, 5) N.00°00'00"E., 57.57 feet to the southwest corner of the parcel described in Warranty Deed Instrument No. 107170774, on file in the office of the Recorder, Ada County, Idaho; thence along the west boundary of said parcel, 6) N.00000100"E., 110.00 feet to the northwest corner of said parcel; thence along the north boundary of said parcel, 7) N.90°00'00"E., 24.00 feet; thence leaving said north boundary, BOISE • COEUR d'ALENE • NANPA -19- EXHIBIT A R-2 ANNEXATION BOUNDARY EXHIBIT SOUTHERN HIGHLANDS SUBDIVISION A PORTION OF NLACKROCK 11 JONVWON NM I SITUATED IN A PORTION OF SECTION 3% TOW14SHW 3 NORTH. RANGE 1 EAST; NOW MERIDIAN ADA COUNTY, IDAHO I� ftr >f f or ar fain r - fw L e,� 1 Z t �♦ Alt k � *d. t� 1 or,,%0,101 It 21 1 LOT 24. SLOM I L4 MM OE M "A" KKMN OF LOIS fHMT 2 or a K t 24. SLOCIC I WAIMANTY DEED MIST. M00700774 -44, -20- 29 28 32 33 rl sl LUl POINT OF BEGINNING — — I/4 LOT L fAOGX f J �"`C 1�--NBo'48'J8'Mr LOT L 11u" f T -O ENCOINENCRS 332 N. BROAOMORE WAY NAMP4 RANO 83687.6123 FHOW (ZOI) "24M FAX: CM61496-00" cAIE 1016"-4-00-M al[ 12INA3 M IMth EXHIBIT A R-2 ANNEXATION BOUNDARY EXHIBIT SOUTHERN HIGHLANDS SUBDIVISION A PORTION OF BLAcKROM SUBDIVMN NO.1 SRUATED IN A PORTION OF SOCWN 32. TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN ADA COUNTY. IDAHO 1 Ip ilt Y701r®t � t�iI1MYIMt��r n OIL w>'ttwl'4 L4 -----------_—"-----, I -, I , I 1 � 1 + 1 I sr aont6e 1 a�a�` ; HI �1 N04"40'051N DT;t'AIL "A" •aws: r . W '4 3 � T■O ENGINEERS ♦ 332 N. BROADMORE WAY t♦`,Q�c STI: ~A, IDAHO 83W-5123 PHONE, ON) 4/ 4M FAX- M) 48MU t 17WN-Y-IB-AMEI-a OA/E Coln! Ia Imim SHEET 2 OF 2 IIOlI1�ARY CURVE TABLE CURVE UO16T11 RAOIUS OELTA BfIIRiNG j26:4.;7lr Cl -21- BOUNDARY UNE TABU: UNE BEARING OISTANOE LI so�t3'44'W 142.Ir 266.04' 750A0' 3736'36' N7i'34'20'W C2 266.17' 750.00' 20'30'03' N7sl'30'03'YY -21- BOUNDARY UNE TABU: UNE BEARING OISTANOE LI so�t3'44'W 142.Ir 13 Nao6'oo'I 57.sr L3 NC00'00•i 110.00' L4 N60'00'00•E 24.00' Lb N7t6'SSi 266.7!' lb S36'J5'00'E 166.66' L7 Nesf'3v'46•w tu.to' L6 s713'u'Ir 2ss.sr 14 S60'S6'49� 276.66' Li0 5713'151Y 526.31' EXHIBIT A T -Q ENGINEERS C 7IN4 ENGMERS, SURVEYORS AND PLANNERS 332 N. BROADA4M WAYSL47E 101 NAMPA IDAHO 8=7 208 4424KIW • FAX 2084860844 Project: 130164 Date: December 19, 2013 Page: I of 3 SOUTHERN HIGHLANDS SUBDIVISION R-4 ANNEXATION BOUNDARY This parcel is situated in a portion of Section 32, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, more particularly described as a portion of Lot 16, Block I and a portion of Lot 1, Block 4 of Blackrock Subdivision No. 1, on file in the office of the Recorder, Ada County, Idaho, in Book 96, Pages 12003-12008, and a portion of E, Taconic Drive Right -of - Way, the exterior boundary of which is more particularly described as follows: BEGINNING at the northwest corner of the SE 1/4 of the NW 1/4 of said Section 32; thence along the north boundary of said SEIN of the NW 114, A) S -89-43'51-E., 1335.91 feet to the northwest corner of the SW IN of the NE 1/4 of said Section 32; thence along the north boundary of said SW 1/4 of the NE 1/4. 1) S.89°41'36"E., 715.45 feet; thence leaving said north boundary, 2) S.15.3218"E., 958.42 feet;, thence, 3) S.00° 19'S5"W., 298.15 feet to a point on the north boundary of the parcel described in Warranty Decd Instrunnent No.107170774, on file in the office of the Recorder, Ada County, Idaho; thence along said north Wundary, 4) N.90000'00"W., 24.00 feet to the northwest comer of said parcel; thence along the west boundary of said parcel, 5) S.00°00'00"E., t 10.00 feet to the southwest corner of said parcel; thence along the southerly extension of said west boundary, 6) S.00600'00"E., 57.57 feet to a point on the centerline of E. Taconic Drive; thence along said centerliae, 7) N.W40'05"W., 147.17 feet to a tangent point of curvature; thence continuing along a curve to the left, 8) having an arc length of 409.39 feet, a radius of 500.00 feet, through a central arngle of 46°54'46" and a chord bearing of S.66°52'32"W., 398.05 feet to a point of tangency; thence continuing, BOISE • COEUR d'ALENE • NAMPA -22- EXHIBIT A Project: 130164 Date: Deeembe r 11.2013 Page: 2 of 3 9) SA3°25'09"W., 584.72 feet; thence leavittg said centerline, 10) N.46°34'51 "W., 25.00 feet to the most easterly comer of hot 23, Block 1 of aforementioned Blackrock Subdivision No. l; them along the northeasterly boundary of said Lot 23, 1 I) N.46°34'51 "W.,190.00 fed to the easterly corner common to Lots 22 and 23, Block I of said Blackrock Subdivision No. l; thence along the northeasterly boundary of said Lot 22, 12)N.74049'32"W.,192.98 fed to the easterly comer common to lots 21 and 22, Block 1 of said Blackrock Subdivision No. 1; thence along the northeasterly boundary of said Lot 21, 13)N.63°S0' 17"W., 178.01 feet to the easterly corner common to Lots 20 and 21, Block I of said Blackrock Subdivision No. 1; thence along the northeasterly boundary of said Lot 20, 14) N37°30'04"W., 172.16 fed to the easterly corner common to Lots 19 and 20, Block 1 of said Blackrock Subdivision No. 1. thence along the northeasterly boundary of said Lot 19, 15) NA 1°47'50 11V.,170.59 feet to the easterly corner common to Lots 18 and 19, Block 1 of said Blackrock Subdivision No. l; thence along de northeasterly boundary of said Lot 18, 16) N,37"19'36 -W., 173.04 feet to the easterly corner common to Lots 17 and 18. Block 1 of said Blackrock Subdivision No. 1; thence along the northeasterly boundary of said Lot 17, 17) N.36°45'50"W.,172.33 feet to the most northerly corner of said Lot 17; thence along the northwesterly boundary of said Lot 17, 18) SA6°34'38"W., 161.81 feet to the most westerly comer of said l.ot 17; thence, 19) S.65°59'30"W., 50.05 feet to the northeast comer of Lot 15, Block I of said Blackrock Subdivision No. 1; thence along the north boundary of said Lot 15, 20) S.89°4948"W., 235.10 fat to the northeast comer of Lot 10, Block 1 of said Blackrock Subdivision No. 1; thence along that north bouadar BOISE • COEUR d'ALENE • NAMPA -23- EXHIBIT A Project: 130164 Date: December 11, 2013 Page: 3 of 3 21) S.W49'48"W., 20.00 feet to the northwest vomer of said Lot 10, said point beim on the west boundary of the NE 1/4 of the SW 1/4 of said Section 32; diene along said west boundwy, 22) N-006 I 0'12"W., 2.24 feet to the southwest corner of the SE IN of the NW 1/4 ofsaid Section 32; %ence along the west boundary of said SE 1/4 of the NW 114, 23) N.00°S3' l2"E., 1337.41 feet to the POINT OF BEGINNING, CONTAINING 79.70 acres, more or less. BOISE . COEUR d'ALENE 9 NAMPA -24- EXHIBIT A vre i � Ll s' S of 6 r r � �r �1 � yryy 7 �i -tirmt 3.t1.@C/OO�V wns�vwn 44N O -25- ,4 vu EXHIBIT A -26- J J J J J J J J J -26- J J 3 J -26- EXHIBIT A D. Required Findings from Unified Development Code 1. Annexation Findings: Upon recommendation from the Commission, the Council shall make a full investigation and shall, at the public hearing, review the application. In order to grant an annexation, the Council shall make the following findings: a. The map amendment complies with the applicable provisions of the Comprehensive Plan; The Applicant is proposing to annex the subject property from RUT in Ada County to the R-4 zoning district. The City Council finds that the proposed map amendment is generally consistent with the LDR FLUM designation for this site and should be compatible with adjacent residential uses. Therefore, the City Council finds the amendment is consistent with the applicable provisions of the Comprehensive Plan (see section VII above for more information). b. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; The City Council finds that the proposed map amendment to the $ R-4 zoning districts is consistent with the purpose statement for the residential districts as detailed in Section VIII above. c. The map amendment shall not be materially detrimental to the public health, safety, and welfare; The City Council finds that the proposed zoning amendment will not be detrimental to the public health, safety, or welfare. City utilities will be extended at the expense of the applicant. d. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the City including, but not limited to, school districts; and, The City Council finds that the proposed zoning amendment will not result in any adverse impact upon the delivery of services by any political subdivision providing services to this site. e. The annexation is in the best of interest of the City (UDC 11-511-3.E). The City Council finds annexing this property with an the R-2 Land -R-4 zoning districts is in the best interest of the City. 2. Preliminary Plat Findings: In consideration of a preliminary plat, combined preliminary and final plat, or short plat, the decision-making body shall make the following findings: a. The plat is in conformance with the Comprehensive Plan; The City Council finds that the proposed plat is in substantial compliance with the adopted Comprehensive Plan in regard to land use, transportation, and circulation. Please see Comprehensive Plan Policies and Goals, Section M,, of the Staff Report for more information. -27- EXHIBIT A b. Public services are available or can be made available and are adequate to accommodate the proposed development; The City Council finds that public services will be provided to the subject property upon development. (See Exhibit B of the Staff Report for more details from public service providers.) c. The plat is in conformance with scheduled public improvements in accord with the City's capital improvement program; Because City water and sewer and any other utilities will be provided by the development at their own cost, the City Council finds that the subdivision will not require the expenditure of capital improvement funds. d. There is public financial capability of supporting services for the proposed development; The City Council finds there is financial capability of supporting services for the proposed development based on comments from the public service providers (i.e., Police, Fire, ACRD, etc.). (See Exhibit B for more detail.) e. The development will not be detrimental to the public health, safety or general welfare; and The City Council is not aware of any health, safety, or environmental problems associated with the platting of this property. ACHD considers road safety issues in their analysis. -28- EXIIJBT F C Conceptual Building Elevations DATE: May • 2014 ..ADWOMOM ITEM TITLE: DA VINCI PARK Development Agreement for Approval: MDA 14-002 Da Vinci Park by CS2, LLC Located Southwest Corner of N. Locust Grove Road and E. McMillan Road Request: Amendment to the Development Agreement to Allow a Mix of Single Family Attached and Detached Lots Instead of all Attached Lots and Update the Conceptual Development Plan MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS ADA COUNTY RECORDER Christopher D. Rich AMOUNT .00 BOISE IDAHO 05/08/14 09:35 AM DEPUTY Bonnie llig III IIIIIIIIIIIIIIIIIIIIIIIIIIII III III RECORDED -REQUEST OF Meridian City 11403 4741 ADDENDUM TO DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. CS2, LLC, Owner/Developer THIS ADDENDUM TO DEVELOPMENT AGREEMENT is dated this day of #� ' 41 - 1 2014, ("ADDENDUM"), by and between City of Meridian, a municipal corporation of the Stat of Idaho ("CITY"), whose address is 33 E. Broadway Avenue, Meridian, Idaho 83642 and CS2, LLC, whose address is 8921 W. Hackamore, Boise, Idaho 83709, hereinafter called OWNER/DEVELOPER. RECITALS A. City and OWNER and/or former OWNER entered into that certain Development Agreement that was recorded on January 12, 2007 in the real property records of Ada County as Instrument No. 107005526 ("DEVELOPMENT AGREEMENT"). B. City and OWNER/DEVELOPER now desire to amend the Development Agreement, which terms have been approved by the Meridian City Council in accordance with Idaho Code Section 67-6511. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 1. OWNER/DEVELOPER shall be bound by the terms of the Development Agreement and Addendum, except as specifically to Section 4 and Section 5, amended as follows: 4. USES PERMITTED BY THIS AGREEMENT: 4.1 The uses allowed pursuant to this Agreement are only those uses allowed under City's Zoning Ordinance codified as Meridian City Code Title 11 which are herein specified as follows: Construction and development of an attached and detached single-family and commercial development consisting of 6 attached residential building lots, 28 detached residential building lots, I neighborhood commercial lot, and 5 common lots in the proposed R-8 and C -N zones on 7.76 acres pertinent to the RZ-13-016 and PP -13-036 application. 5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY. 5.1 Owner/Developer shall develop the Property in accordance with the following special conditions: That all future uses shall not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. Da Vinci Park MDA -13-021 and MDA 14-002 Page 1 2. That all future development of the subject property shall be constructed in accordance with City of Meridian ordinances in effect at the time of development. 3. That the applicant will be responsible for all costs associated with the sewer and water service extension. 4. That any existing domestic wells and /or specific systems within this project will have to be removed from their domestic service, per City Ordinance Section 5-7-517, when services are available from the City of Meridian. Wells may be used for non-domestic purposes such as landscape irrigation. 5. That the following shall be the only allowed uses on this property: single-family attached (Lots 207, Block 3), single-family detached homes and allowed accessory uses of the R-8 zone and uses as allowed in the C -N zone, except for professional office and healthcare and social service uses, which are prohibited. 6. The applicant is allowed to commence construction of two homes on the site, one on each of the two existing parcels, after all of the existing structures are removed from the site. Access to these building sites shall comply with the Fire Department's standards and any other applicable life safety requirements. These structures shall be located so that they comply with the setbacks of the R-8 zoning district for the future platted lots. Prior to issuance of Certificate of Occupancy for these structures, the final plat shall be recorded and all site improvements shall be completed and accepted by the City. 7. Development of this site shall substantially comply with the preliminary plat, conceptual development plan for the commercial portion of the site and the conceptual residential building elevations shown in Exhibit A. 8. The side of the structure on Lot 2, Block 1 that faces E. McMillan Road and the rear of the structures on Lots 1-7, Block 3 that back up to N. Locust Grove Road shall incorporate articulation through changes in materials, color, modulation, and architectural elements (horizontal and vertical) to break up monotonous wall planes and roof lines. 9. The developer shall incorporate some of the same design elements in the commercial portion of the development as in the residential portion of the development in accord with the design guidelines contained in the Design Manual. 10. A Certificate of Zoning Compliance and Design Review application is' required i6 be submitted and approved by the Planning Division for all single-family attached and commercial structures on the site prior to issuance of building permits. 11. The developer shall provide amenities on Lot 23, Block 3 as shown on the landscape plan including a covered picnic area, playground equipment, picnic tables and benches; and a picnic table and bench on Lot 10, Block 1 in accord with UDC 11-3G-3. 12. Direct access to/from the site via E. McMillan Road and N. Locust Grove Road was approved by City Council through a waiver -in accord with UDCII-3A-3. 13. Hours of operation in the C -N district are restricted from 6 am to 10 pm, per UDCII-2B-3A.4. Da Vinci Park MDA -13-021 and MDA 14-002 Page 2 2. OWNER/DEVELOPER agrees to abide by all ordinances of the City of Meridian that are consistent with the terms of the Development Agreement and this Addendum and the Project Site shall be subject to de - annexation if the DEVELOPER, or their assigns, heirs, or successors shall not meet the conditions of this Addendum as herein provided, and the Ordinances of the City of Meridian that are consistent with the terms of the Development Agreement and this Addendum. 3. If any provision of this Addendum is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this Addendum and the invalidity thereof shall not affect any of the other provisions contained herein. 4. This Addendum sets forth all promises, inducements, agreements, condition, and understandings between OWNER/DEVELOPER and City relative to the subject matter herein, and there are no promises, agreements, conditions or under -standing, either oral or written, express or implied, between OWNER/DEVELOPER and City, other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Addendum shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to City, to a duly adopted ordinance or resolution of City. a. Except as herein provided, no condition governing the uses and/or conditions governing development of the subject Project Site herein provided for can be modified or amended without the approval of the City Council after the City has conducted public hearing(s) in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. 5. This Addendum shall be effective as of the date herein above written. 6. Except as amended by this Addendum, all terms of the Development Agreement shall remain in full force and effect. ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. OWNER/DEVELOPER: L CITY OF ME IIIAN DAu �A`_ G' r2 ATTEST: �s cinv By: de Weerd y `'�__` IUHolman, City Clerk SEU jT �a Da Vinci Park MDA -13-021 and MDA 14-002 Page 3 STATE OF IDAHO, ) ): ss County of Ada, ) On this day of ki% 2014, before me, the undersigned, a Notary Public in and for said State, personally appeared known or identified to me to be the M1tnQ f7q 19yM1a&- of CS2, LLC, ana the person who executed the above on behalf of said Limited iabi ity Corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. �•K11y�,%�.,, ,•{OVARY % •�'� TE ov STATE OF IDAHO ss Notary Public -for Ida o Residing at: t5b i at'1 % U My Commission Expires: County of Ada ) On this_, day of 0.V 2014 before me, a Notary Public, personally appeared Tammy de Weerd and Jaycee L. Holman, know or identified to me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the instrument of behalf of said City, and acknowledged to me that such City executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. ••SCA do' (SEAL) Public for Idaho ITA Residing at: "ey- %Clan k1,) ••G,' O: Commission expires: n . Vic; _3 G 7W OF • Da Vinci Park MDA -13-021 and MDA 14-002 Page 4 f Exhibit A Da Vinci Park - MDA 13-021 & MDA 14-002 VA%3'tw FW, %HCM%r ". VA FSA ?K S ! )IVjI;ItiV A 9„CL1,iaJuwv it � TE;.rh THE h£ ?,/<, OF THE !tit t/t, fECTiA S T4N, F't. Ju AIL)A c ),%TY, i�RHii ._-.9 , RI ��M ,W sM1a Y•J1 > � k t]w .. �.• . MM .MRI rM' iai 4 rtAi RM t tM+.vi RartY . e } X+� s � Z 4 .. ♦Rye M Y "Re.ReiR= R frr. . R{V RRI it t E: € ♦ S , � t r. , ' ) aM►> le Ra •VM1 Y•4 WVi.Y.R✓4 k.p.r` ��y}}� t y: w ,.. ~x.._. �11 f � f R. 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R}I n M!k MI " M `4 w .:. hilt .. li4 "", ., .:. 3 1 I 1. "4 ,. 4. +►... ,, ^ !..: ,>. Da Vinci Park - MDA 13-021 & MDA 14-002 VA%3'tw FW, %HCM%r ". VA FSA ?K S ! )IVjI;ItiV A 9„CL1,iaJuwv it � TE;.rh THE h£ ?,/<, OF THE !tit t/t, fECTiA S T4N, F't. Ju AIL)A c ),%TY, i�RHii ._-.9 • • r DATE: May • , 2014 ITEM NUMBER: 5FF PROJECT NUMBER: MDA I 11 COMMERCIALITEM TITLE: KENNEDY Development Agreement for Approval: MDA 14-003 Kennedy Commercial Center by Derk Pardoe Located North Side of W. Overland Road and West of S. Stoddard Road Request: Amend the Recorded Development Agreement (DA) (Instrument # 1 081 1 9853) for the Purpose of Excluding the Property from the Recorded DA and Incorporating a New Concept Plan and Building Elevations Consisting of Office, Retail and Multi -Family Residential into a New DA MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS ADA COUNTY RECORDER Christopher D. Rich AMOUNT .00 19 BOISE IDAHO 05/08/14 09:35 AM DEPUTY Bonnie Oberbillig III IIIIIIIilllllllllllllllllllll II III RECORDED—REQUEST OF 114034780Meridian City DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. S.A.N.C. Investments, LLC, Owner/Developer THIS DEVELOPMENT AGREEMENT (this Agreement), is made and entered into this day of " 2014, by and between City of Meridian, a municipal corporation of the State of idaho, hereafter called CITY, and S.A.N.C. Investments, LLC whose address is 3454 Stone Mountain Lane, Sandy, UT 84092, hereinafter called OWNER/DEVELOPER. 1. RECITALS: 1.1 WHEREAS, Owner/Developer is the sole owner, in law and/or equity, of certain tract of land in the County of Ada, State of Idaho, described in Exhibit "A", which is attached hereto and by this reference incorporated herein as if set forth in full, herein after referred to as the Property; and 1.2 WHEREAS, Idaho Code § 67-6511 A provides that cities may, by ordinance, require or permit as a condition of re -zoning that the Owner/Developer make a written commitment concerning the use or development of the subject Property; and 1.3 WHEREAS, City has exercised its statutory authority by the enactment of Section 11-5B-3 of the Unified Development Code ("UDC"), which authorizes development agreements upon the annexation and/or re -zoning of land; and 1.4 WHEREAS, City and previous Owner/Developer entered into that certain Development Agreement that was approved on October 31, 2008 and recorded as Instrument # 108119853. 1.5 WHEREAS, City and current Owner/Developer now desire to remove a portion of land referred to as Exhibit "A" from the original Development Agreement, and enter into a new Development Agreement for that portion of land which terms have been approved by the Meridian City Council in accordance with Idaho Code Section 67-6511. 1.6 WHEREAS, Owner/Developer made representations at the public hearings both before the Meridian City Council, as to how the subject Property will be developed and what improvements will be made; and DEVELOPMENT AGREEMENT - KENNEDY COMMERCIAL CENTER (MDA 14-003) PAGE 1 OF 8 1.7 WHEREAS, on the 8th day of April, 2014, the Meridian City Council approved certain Findings of Fact and Conclusions of Law and Decision and Order ("Findings"), which have been incorporated into this Agreement and attached as Exhibit `B"; and 1.8 WHEREAS, Owner/Developer deems it to be in its best interest to be able to enter into this Agreement and acknowledges that this Agreement was entered into voluntarily and at its urging and request; and 1.9 WHEREAS, City requires the Owner/Developer to enter into a development agreement for the purpose of ensuring that the Property is developed and the subsequent use of the Property is in accordance with the terms and conditions of this Agreement, herein being established as a result of evidence received by the City in the proceedings for zoning designation from government subdivisions providing services within the planning jurisdiction and from affected property owners and to ensure zoning designation are in accordance with the amended Comprehensive Plan of the City of Meridian on April 19, 2011, Resolution No. 11-784, and the UDC, Title 11. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 2. INCORPORATION OF RECITALS: That the above recitals are contractual and binding and are incorporated herein as if set forth in full. 3. DEFINITIONS: For all purposes of this Agreement the following words, terms, and phrases herein contained in this section shall be defined and interpreted as herein provided for, unless the clear context of the presentation of the same requires otherwise: 3.1 CITY: means and refers to the City of Meridian, a party to this Agreement, which is a municipal Corporation and government subdivision of the state of Idaho, organized and existing by virtue of law of the State of Idaho, whose address is 33 East Broadway Avenue, Meridian, Idaho 83642. 3.2 OWNER/DEVELOPER: means and refers S.A.N.C. Investments, LLC, whose address is 3454 Stone Mountain Lane, Sandy UT 84092, the party that is developing said Property and shall include any subsequent owner/developer(s) of the Property. 3.3 PROPERTY: means and refers to that certain parcel(s) of Property located in the County of Ada, City of Meridian as described in Exhibit "A" attached hereto and by this reference incorporated herein as if set forth at length. 4. USES PERMITTED BY THIS AGREEMENT: This Agreement shall vest the right to develop the Property in accordance with the terms and conditions of this Agreement. DEVELOPMENT AGREEMENT - KENNEDY COMMERCIAL CENTER (MDA 14-003) PAGE 2 OF 8 4.1 The uses allowed pursuant to this Agreement are only those uses allowed under the UDC. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. 5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 5.1 Owner/Developer shall develop the Property in accordance with the following special conditions: 5.1.1 Development of the property shall substantially comply with the concept plan and building elevations attached in Exhibit A.4 of the Staff Report attached to the Findings (Exhibit B), the design standards listed in UDC 11-3A-19 and the guidelines contained in the Meridian Design Manual. 5.1.2 Direct lot access to Overland Road is prohibited unless waived by City Council in accord with UDC 11-3A-3. 5.1.3 The applicant shall grant cross access to the property to the west (Parcel #S 1213336006) through the retail portion of the development. A copy of the recorded cross access agreement shall be submitted with the first certificate of zoning compliance application for the retail portion of the development. 5.1.4 Any future multi -family use on the site must obtain approval of a conditional use permit and comply with the specific use standards set forth in UDC 11-4- 3-27. 5.1.5 Sanitary sewer service to the Kennedy Commercial development is currently being accomplished via a temporary lift station which pumps to a discharge manhole in Overland Road. It shall be the responsibility of this developer to commission a study of the lift station capacity, and make any upgrades that are needed to accommodate this new proposal. 6. COMPLIANCE PERIOD This Agreement must be fully executed within two (2) years after the date of the Findings for the annexation and zoning or it is null and void. 7. DEFAULT/CONSENT TO DE -ANNEXATION AND REVERSAL OF ZONING DESIGNATION: 7.1 Acts of Default. Either party's failure to faithfully comply with all of the terms and conditions included in this Agreement shall constitute default under this Agreement. 7.2 Notice and Cure Period. In the event of Owner/Developer's default of this Agreement, Owner/Developer shall have thirty (30) days from receipt of DEVELOPMENT AGREEMENT - KENNEDY COMMERCIAL CENTER (MDA 14-003) PAGE 3 OF 8 written notice from City to initiate commencement of action to correct the breach and cure the default, which action must be prosecuted with diligence and completed within one hundred eighty (180) days; provided, however, that in the case of any such default that cannot with diligence be cured within such one hundred eighty (180) day period, then the time allowed to cure such failure may be extended for such period as may be necessary to complete the curing of the same with diligence and continuity. 7.3 Remedies. In the event of default by Owner/Developer that is not cured after notice as described in Section 7.2, Owner/Developer shall be deemed to have consented to modification of this Agreement and de -annexation and reversal of the zoning designations described herein, solely against the offending portion of Property and upon City's compliance with all applicable laws, ordinances and rules, including any applicable provisions of Idaho Code §§ 67-6509 and 67-6511. Owner/Developer reserves all rights to contest whether a default has occurred. This Agreement shall be enforceable in the Fourth Judicial District Court in Ada County by either City or Owner/Developer, or by any successor or successors in title or by the assigns of the parties hereto. Enforcement may be sought by an appropriate action at law or in equity to secure the specific performance of the covenants, agreements, conditions, and obligations contained herein. 7.4 Delay. In the event the performance of any covenant to be performed hereunder by either Owner/Developer or City is delayed for causes that are beyond the reasonable control of the party responsible for such performance, which shall include, without limitation, acts of civil disobedience, strikes or similar causes, the time for such performance shall be extended by the amount of time of such delay. 7.5 Waiver. A waiver by City of any default by Owner/Developer of any one or more of the covenants or conditions hereof shall apply solely to the default and defaults waived and shall neither bar any other rights or remedies of City nor apply to any subsequent default of any such or other covenants and conditions. 8. INSPECTION: Owner/Developer shall, immediately upon completion of any portion or the entirety of said development of the Property as required by this Agreement or by City ordinance or policy, notify the City Engineer and request the City Engineer's inspections and written approval of such completed improvements or portion thereof in accordance with the terms and conditions of this Agreement and all other ordinances of the City that apply to said Property. 9. REQUIREMENT FOR RECORDATION: City shall record this Agreement, including all of the Exhibits, and submit proof of such recording to Owner/Developer, prior to the third reading of the Meridian Zoning Ordinance in connection with the re -zoning of the Property by the City Council. If for any reason after such recordation, the City Council fails to adopt the DEVELOPMENT AGREEMENT - KENNEDY COMMERCIAL CENTER (MDA 14-003) PAGE 4 OF 8 ordinance in connection with the annexation and zoning of the Property contemplated hereby, the City shall execute and record an appropriate instrument of release of this Agreement. 10. ZONING: City shall, following recordation of the duly approved Agreement, enact a valid and binding ordinance zoning the Property as specified herein. 11. SURETY OF PERFORMANCE: The City may also require surety bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under the UDC, to insure the installation of required improvements, which the Owner/Developer agrees to provide, if required by the City. 12. CERTIFICATE OF OCCUPANCY: No Certificates of Occupancy shall be issued in any phase in which the improvements have not been installed, completed, and accepted by the City. 13. ABIDE BY ALL CITY ORDINANCES: That Owner/Developer agree to abide by all ordinances of the City of Meridian unless otherwise provided by this Agreement. 14. NOTICES: Any notice desired by the parties and/or required by this Agreement shall be deemed delivered if and when personally delivered or three (3) days after deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: CITY: City Clerk City of Meridian 33 E. Broadway Ave. Meridian, Idaho 83642 OWNER/DEVELOPER: S.A.N.C. Investments, LLC 3454 Stone Mountian Lane Sandy, UT 89092 with copy to: City Attorney City of Meridian 33 E. Broadway Avenue Meridian, ID 83642 14.1 A party shall have the right to change its address by delivering to the other party a written notification thereof in accordance with the requirements of this section. 15. ATTORNEY FEES: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorney's fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. DEVELOPMENT AGREEMENT - KENNEDY COMMERCIAL CENTER (MDA 14-003) PAGE 5 OF 8 16. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of and a default under this Agreement by the other party so failing to perform. 17. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including City's corporate authorities and their successors in office. This Agreement shall be binding on the Owner/Developer, each subsequent owner and any other person acquiring an interest in the Property. Nothing herein shall in any way prevent sale or alienation of the Property, or portions thereof, except that any sale or alienation shall be subject to the provisions hereof and any successor owner or owners shall be both benefited and bound by the conditions and restrictions herein expressed. City agrees, upon written request of Owner/Developer, to execute appropriate and recordable evidence of termination of this Agreement if City, in its sole and reasonable discretion, had determined that Owner/Developer has fully performed its obligations under this Agreement. 18. INVALID PROVISION: If any provision of this Agreement is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this Agreement and the invalidity thereof shall not affect any of the other provisions contained herein. 19. DUTY TO ACT REASONABLY: Unless otherwise expressly provided, each party shall act reasonably in giving any consent, approval, or taking any other action under this Agreement. 20. COOPERATION OF THE PARTIES: In the event of any legal or equitable action or other proceeding instituted by any third party (including a governmental entity or official) challenging the validity of any provision in this Agreement, the parties agree to cooperate in defending such action or proceeding. 21. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements, condition and understandings between Owner/Developer and City relative to the subject matter hereof, and there are no promises, agreements, conditions or understanding, either oral or written, express or implied, between Owner/Developer and City, other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to City, to a duly adopted ordinance or resolution of City. 21.1 No condition governing the uses and/or conditions governing re -zoning of the subject Property herein provided for can be modified or amended without the approval of the City Council after the City has conducted public hearing(s) in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. DEVELOPMENT AGREEMENT - KENNEDY COMMERCIAL CENTER (MDA 14-003) PAGE 6 OF 8 22. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in connection with the annexation and zoning of the Property and execution of the Mayor and City Clerk. ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. OWNER/DEVELOPER: S.A.N.C. Investments, LLC CITY OF MERIDIAN Mayeg:ainmy de Weerd ATTEST: o, n 'yCih' of F l" 1 City Clerk SEU TF rP R i ,I'rRF�1`an DEVELOPMENT AGREEMENT — KENNEDY COMMERCIAL CENTER (MDA 14-003) PAGE 7 OF 8 STATE OF UM" County of 51 "- to ss: On this 17 day of i4 I -i , 2014, before me, the undersigned, a Notary Public in and for said State, personally appeared 1be(L Ptirdv-e- known or identified to me to be the �W'4 g.A.N.C. Investments, LLC, and acknowledged to me that he/she executed the same on ehalf of said Corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. *A•� JORDAN PAVLIS14 ( Notary Public State of Utah $ My Commission Expires on: July 19, 2016 ••• Comm. Number: 657290 STATE OF IDAHO ) ss County of Ada ) Not Public for UYi4ni�j f1i� Fe61,=1 (tedjfvyjjitj Residing at: 55 - 71 — iUI My Commission xpires: On this day of , 2014, before me, a Notary Public, personally appeared Tammy de Weerd and Ja cee L. Holman, know or identified to me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the instrument or the person that executed the instrument of behalf of said City, and acknowledged to me that such City executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. ••sees• nslcA O T,q���►�e; (SEAL) oil _-- `:s •, OF No ary Public for Idaho Residing at: G Commission expires: R" a O DEVELOPMENT AGREEMENT — KENNEDY COMMERCIAL CENTER (MDA 14-003) PAGE 8 OF 8 EXHIBIT A PARCEL A: A parcel of land being a portion of the Southeast Quarter of the Southwest Quarter of Section 13, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho and more particularly described as follows: COMMENCING at an iron pin marking the South Quarter corner of said Section 13; thence along the South boundary of said Section 13, which is also the centerline of West Overland Road; North 89°26.27. West 1327.84 feet to an iron pin marking the Southwest corner of said Southeast Quarter of the Southwest Quarter of Section 13; thence leaving said South boundary along the West boundary of said Southeast Quarter Southwest Quarter of Section 13 North 00°13.19. East, formerly North 00'06.51. East 48.00 feet to an iron pin on the North right of way line of said West Overland Road, said point being the POINT OF BEGINNING; thence continuing North 00°13.19. East 1075.98 feet to an iron pin on the South right of way line of Interstate Highway 1-84; thence along said South right of way line South 89°52.52. East 1327.40 feet, formerly South 89'53.39. East 1325.21 feet to an iron pin on the East boundary of said Southeast Quarter of the Southwest Quarter of Section 13; thence leaving said South right of way line along said East boundary of the Southeast Quarter of the Southwest Quarter of Section 13 South 00°12.01. West, formerly South 00°00.00. West 585.98 feet to an iron pin; thence leaving said East boundary South 90°00.00. West 578.50 feet to an iron pin; thence South 00°06.51. West 494.56 feet to an iron pin on said North right of way line of West Overland Road; thence along said North right of way line North 89°26.27. West 750.07 feet to the POINT OF BEGINNING. The above described parcel of land is now described as All Lots in Block 1 of Kennedy Commercial Center Subdivision, according to the plat thereof, filed in Book 101 of Plats at Pages 13409-13412, Ada County Records. LESS AND EXCEPTING: Lots 1, 6, 10, 11, 12 and 13 in Block 1 of Kennedy Commercial Center Subdivision, according to the plat thereof, filed in Book 101 of Plats at Pages 13409-13412, Ada County Records. PARCEL B: Parcel B of Record of Survey 8610, recorded August 12, 2009, as Instrument No. 109094159, being a parcel of land situated in the Southeast Quarter of the Southwest Quarter of Section 13, Township 3 North, Range 1 West, Boise Meridian, being all of Lot 6 in Block 1 and a portion of Lot 10 in Block 1 of KENNEDY COMMERCIAL CENTER SUBDIVISION, recorded in Book 101 of Plats at Pages 13409-13412, Records of Ada County, Idaho, more particularly described as follows: BEGINNING at the Northwest corner of Lot 10 in Block 1 of said subdivision; thence, along the northerly line of said Lot 10, South 89°34'29. East, 5.00 feet; thence, parallel with the westerly line of said Lot 10, South 00°31'50. West, 251.56 feet; thence, South 89°28'10. East, 341.54 feet to the easterly line of said Lot 10; thence, along the easterly line of said Lot 10 and Lot 6, South 00°26'33. West, 560.32 feet to the Southeast corner of said Lot 6; thence, along the southerly line of said Lot 6, North 89°07'53. West, 347.41 feet to the Southwest corner of said Lot 6; thence, along the westerly line of said Lot 6 and Lot 10, North 00°31'50. East, 809.82 feet to the POINT OF BEGINNING. Kennedy Commercial — MDA 14-003 STAFF REPORT HEARING DATE: March 25, 2014 TO: Mayor and City Council El Nf, FROM: Bill Parsons, Associate City Planner (208) 884-5533 SUBJECT: MDA -14-003 — Kennedy Commercial Center I. SUMMARY DESCRIPTION OF REQUEST The applicant, Derk Pardoe, is requesting to amend the recorded development agreement (DA) (instrument #108119853) approved with the rezone of the property (RZ-08-003) for the purpose of: 1. removing the subject property from the existing DA and entering into a new DA; and 2. develop the property as a mixed use development consisting of office, multi -family and retail uses. For informative purposes the applicant has provided a concept plan and sample elevations that represents the future design of the proposed development. II. SUMMARY RECOMMENDATION Staff recommends approval of the development agreement modification application as detailed in Section VII of the staff report. III. PROPOSED MOTION Approval After considering all staff, applicant, and public testimony, I move to approve file number MDA -14- 003, as presented in staff report for the hearing date of March 25, 2014, with the following changes: (insert any changes here). I further move to direct Legal Department Staff to prepare a Development Agreement for this site that reflects the provisions noted in Exhibit A.6. Denial After considering all staff, applicant, and public testimony, I move to deny file number MDA -14-003, as presented during the hearing on March 25, 2014. (You should state why you are denying the request.) Continuance I move to continue file number MDA -14-003 to the hearing date of (insert continued hearing date here) for the following reason(s): (you should state specific reason(s) for continuance) IV. APPLICATION AND PROPERTY FACTS A. Site Address/Location: The site is located on the north side of W. Overland Road, west of S. Stoddard Road in the southwest 1/4 of Section 13, Township 3 North, Range 1 West. (Parcel #'s R4885160020, R4885160030, R4885160040, R4885160050, R4885160062, R4885160070, R4885160080 and R4885160090) B. Applicant/Owner: S.A.N.C. Investments, LLC 3454 Stone Mountain Lane Sandy, UT 84092 C. Applicant's Statement/Justification: Please see applicant's narrative for this information. Kennedy Commercial Center - MDA -14-003 Page 1 V. PROCESS FACTS A. The subject application is a request for a development agreement modification. Per Meridian City Code, a public hearing is required before the City Council on this matter. B. Newspaper notifications published on: March 3, and 17, 2014 C. Radius notices mailed to properties within 300 feet on: February 28, 2014 D. Applicant posted notice on site by: March 14, 2014 VI. LAND USE A. Existing Land Use(s): The subject property is vacant commercial property, zoned C -G. B. Character of Surrounding Area and Adjacent Land Use and Zoning: The subject property is primarily surrounded by developed and undeveloped commercial and industrial properties, zoned C -G and I -L. The property on the south side of Overland Road has been approved for annexation by the City however; the development agreement has not been executed by the developer to finalize the annexation of the property. C. History of Previous Actions: • In 2001, the property received a conditional use permit/planned unit development approval (CUP -01-009), under the name of Treasure Valley Technical Center, which allowed for daycare, office, retail and industrial uses. As part of that approval a conceptual site plan was approved and any future daycare, office and retail uses require conditional use permit approval. • In 2007, a preliminary plat and final plat (PP -07-013 and FP -07-036) was approved for the 26 +/- acre portion of the site to the north and west of Western Electronics that consisted of 11 building lots and 2 common lots. • In 2008, the property received comprehensive map amendment and rezone (CPA -08-005 and RZ-08-003) approval to change the land use from industrial to commercial and rezone the property from the I -L zone to the C -G zone. With the rezone of the property, the City required a development agreement (DA) that recorded as instrument #108119853. The recorded DA requires compliance with a specific concept plan and building elevations. VII. TAFF ANALYSIS The applicant is requesting to amend the recorded development agreement (DA) approved with the rezone of the property. At the time Council approved the rezone, a concept plan and conceptual building elevations were tied to the original DA. The approved concept plan depicts eleven (11) structures; totaling 270,475 square feet. The mix of buildings consists of the following: ➢ two (2) 3 -story office buildings consisting of 66K square feet (s.f.) each, four (4) office buildings consisting of 31,475 s.f., a 2 -story office building consisting of 45K s.f., ➢ a 2 -story education facility consisting of 35K s.f., ➢ a bank building consisting of 7.5K s.f., ➢ a restaurant building consisting of 5.5K s.f., and ➢ a retail building consisting of 14K s.f. A variety of building elevations were also provided to coincide with planned uses and structures mentioned above. The building materials depicted on all of the structures consist of brick and stucco with a variety of accent materials such as stone, CMU, timber, and metal. Kennedy Commercial Center - MDA -14-003 Page 2 The new owner of the property has purchased approximately 14.81 acres of the site (8 commercial lots) and wishes to remove the subject property from the original development agreement and enter into a new DA with the City. The applicant has submitted a new concept plan depicting a mixed-use development consisting of three (3) retail buildings ranging in size between 7,000 square feet and 11,250 square feet adjacent to Overland Road, 180 -unit multi -family development and a single office pad site adjacent to Interstate I-84. The proposed concept plan also illustrates access to the development, site layout, parking and site circulation. In conjunction with the concept plan, the applicant has submitted sample photos of the multi -family dwellings and the commercial buildings. The multi -family dwellings depict building materials that incorporate brick wainscot, a mix of wood siding, private patios, variations in the wall planes and rooflines and tuck under garages. The commercial buildings incorporate stucco finish, covered entries, decorative cornices, stone accents and variations in fenestration, wall planes and roof lines. Staff is supportive that the design features portrayed in the attached photos. Future structures on the site are required to obtain certificate of zoning compliance and administrative design review approval and comply with the structure and site design standards set forth in UDC 11-3A-19 and the design guidelines contained in the Meridian Design Manual. NOTE. The proposed multi family development is conceptual in nature and will be evaluated with a future conditional use permit application. DA Modification: In general staff is supportive of the concept plan, building square footages and design concepts proposed with the subject application. To move forward with development of the site as proposed by the applicant, staff recommends the following new DA provisions: 1. Development of the property shall substantially comply with the concept plan and building elevations attached in Exhibit A.4, the design standards listed in UDC 11-3A-19 and the guidelines contained in the Meridian Design Manual. 2. Direct lot access to Overland Road is prohibited unless waived by City Council in accord with UDC 11-3A-3. 3. The applicant shall grant cross access to the property to the west (Parcel #S 1213336006) through the retail portion of the development. A copy of the recorded cross access agreement shall be submitted with the first certificate of zoning compliance application for the retail portion of the development. 4. Any future multi -family use on the site must obtain approval of a conditional use permit and comply with the specific use standards set forth in UDC 11-4-3-27. 5. Sanitary sewer service to the Kennedy Commercial development is currently being accomplished via a temporary lift station which pumps to a discharge manhole in Overland Road. It shall be the responsibility of this developer to commission a study of the lift station capacity, and make any upgrades that are needed to accommodate this new proposal. Staff recommends approval of the development agreement modification with recommended provisions attached in Exhibit A.6. VIII. EXHIBITS A. Maps/Other 1. Vicinity/Zoning Map 2. Approved Concept Plans 3. Approved Building Elevations 4. Proposed Concept Plan Kennedy Commercial Center - MDA -14-003 Page 3 5. Proposed Building Elevations 6. Proposed Development Agreement Provisions Kennedy Commercial Center - MDA -14-003 Page 4 Exhibit A. l — Vicinity/Zoning Map Vicinity Map 4 ©W5 4.15 Miles Print Date: 1%14.12414 Kennedy Commercial Center - MDA -14-003 Page 5 Exhibit A.2 — Approved Concept Plan 70 4 9w, kl� w �TYAN I—s JJ !-L-L,- t I L 11: _X'jjj' �ALIT Kennedy Commercial Center - MDA -14-003 Page 6 M I Exhibit A.3 — Approved Building Elevations si 11 OiN;.3 M, Kennedy Commercial Center - MDA -14-003 Page 7 Exhibit A.4 — Proposed Concept Plan �un�F P MSU u Kennedy Commercial Center - MDA -14-003 Page 8 Exhibit A.5 — Proposed Building Elevations Kennedy Commercial Center - MDA -14-003 Page 9 Exhibit A.6 — Recommended Development Agreement Provisions 1. Development of the property shall substantially comply with the concept plan and building elevations attached in Exhibit A.4 and the design standards listed in UDC 11-3A-19 and the guidelines contained in the Meridian Design Manual. 2. Direct lot access to Overland Road is prohibited unless waived by City Council in accord with UDC 11-3A-3. 3. The applicant shall grant cross access to the property to the west (Parcel #S 1213336006) through the retail portion of the development. A copy of the recorded cross access agreement shall be submitted with the first certificate of zoning compliance application for the retail portion of the development. 4. Any future multi -family use on the site must obtain approval of a conditional use permit and comply with the specific use standards set forth in UDC 11-4-3-27. 5. Sanitary sewer service to the Kennedy Commercial development is currently being accomplished via a temporary lift station which pumps to a discharge manhole in Overland Road. It shall be the responsibility of this developer to commission a study of the lift station capacity, and make any upgrades that are needed to accommodate this new proposal. Kennedy Commercial Center - MDA -14-003 Page 10 DATE: • 2014 Development Agreement for Approval: MDA 13-025 Centre Point Square by Centre Point Square, LLC Located West of N. Eagle Road and South of E. Ustick Road Request: Development Agreement Modification to Change the Development Plan from Multi - Family to Single Family Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS ADA COUNTY RECORDER Christopher D. Rich AMOUNT .00 6 BOISE IDAHO 05/08/14 09:35 AM DEPUTY Bonnie Oberbillig III IIIIIIIIIIIIIIIIIIIIIIIIIIII II I III RECORQED-REQUESTUEST OF Meridian City 11403477 THIRD ADDENDUM TO DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. Center Point Square, LLC Owner/Developer THIS ADDENDUM TO DEVELOPMENT AGREEMENT is dated this day of M0. , 2014,(Third Addendum), by and between City of Meridian, a municipal corporation of the State of Idaho ("CITY"), whose address is 33 E. Broadway Avenue, Meridian, Idaho 83642 and M3 Investments, LLC, whose address is 1470 N. Leslie Way Meridian, ID 83646, hereinafter called OWNER/DEVELOPER. RECITALS A. City and FORMER OWNER entered into that certain Development Agreement that was recorded on a portion of the property 8/20/04 in the real property records of Ada County as Instrument No. 104107406 ("DEVELOPMENT AGREEMENT") and an Addendum to Development was recorded on 3/29/07 as Instrument No. 107044347. A second Addendum to Development was recorded on 2/21/13 as Instrument No. 1130193368. B. City and OWNER/DEVELOPER now desire to amend the Development Agreement with this Third Addendum to Development Agreement, which terms have been approved by the Meridian City Council in accordance with Idaho Code Section 67-6511. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 1. OWNER/DEVELOPER shall be bound by the terms of the Development Agreement and Addendum, except as specifically to Section 4 and Section 6, amended as follows: 4. USES PERMITTED BY THIS AGREEMENT: 4.1. The second phase includes the development of up to 28 single family lot, and 5 common/other lots pertinent to PP12-013 application. 4.2 The third phase includes the development of up to 40 single family lots and 4 common other lots pertinent to the PP 13-042 application. Centre Point Square MDA -13-025 Page I 6. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 6.1 Owner/Developer shall develop the Property in accordance with the following special conditions: 6.1.14 Development of Centre Point Subdivision shall substantially comply with the preliminary plat, the landscape plans and the sample elevations in Exhibit A. 6.1.15 All Single family homes (detached and attached) within the proposed development shall obtain certificate of zoning compliance and administrative design review approval. All structures within the development shall incorporate articulation and modulation through changes in materials, color, fenestration and architectural elements (horizontal and vertical) to break up monotonous wall planes and roof lines. 2. OWNER/DEVELOPER agrees to abide by all ordinances of the City of Meridian that are consistent with the terms of the Development Agreement and this Addendum and the Project Site shall be subject to de -annexation if the DEVELOPER, or their assigns, heirs, or successors shall not meet the conditions of this Addendum as herein provided, and the Ordinances of the City of Meridian that are consistent with the terms of the Development Agreement and this Addendum. 3. If any provision of this Addendum is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this Addendum and the invalidity thereof shall not affect any of the other provisions contained herein. 4. This Addendum sets forth all promises, inducements, agreements, condition, and understandings between OWNER/DEVELOPER and City relative to the subject matter herein, and there are no promises, agreements, conditions or under -standing, either oral or written, express or implied, between OWNER/DEVELOPER and City, other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Addendum shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to City, to a duly adopted ordinance or resolution of City. a. Except as herein provided, no condition governing the uses and/or conditions governing development of the subject Project Site herein provided for can be modified or amended without the approval of the City Council after the City has conducted public hearing(s) in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. 5. This Addendum shall be effective as of the date herein above written. 6. Except as amended by this Addendum, all terms of the Development Agreement shall remain in full force and effect. Centre Point Square MDA -13-025 Page 2 ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. OWNER/DEVELOPER: M3 Investments, LLC By: anagement Consultants, LLC Managing Member, Cory Swain President CITY OF MERIDIAN By: Mayor TaryAVde Weerd ATTEST: City of EI'I� IANC aos��n Jaycee L-diolman, City Clerk SF�lT F1T � ya Fq �f ,he TRE Centre Point Square MDA -13-025 Page 3 STATE OF IDAHO, ss County of Ada ) On this %r/ -day of , 2014, before me, the undersigned, a Notary Public in and for said State, personally appeared Cory Swain, known or identified to me to be the President of Alliance Management Consultants, LLC, managing member of M3 Investments, LLC and acknowledged to me that he executed the same with authority on behalf of said limited liability corporation. IN WITNESS WHEREOF, I have seal the day and year in this certificate first above S (SEAL),.4`& : Z �.• Z s 10 04*000*4 O •,�''•.,�"ATE �0V� % STATE OF IDAHO ) ss County of Ada ) my hand and affixed my official Notaiw'�Iic for Idaho Residing at: Res ft in Meridian, kW My Commission Expires: MyCommmjonvores:11.12-2W On this -0 day of 0 C, , 2014, before me, a Notary Public, personally appeared Tammy de Weerd and Jaycee L. Holman, know or identified to me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the instrument of behalf of said City, and acknowledged to me that such City executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. gees** CA JO �V4'�'cp: (SEAL) . , • `� ZG ' O i •'r:; fE ova** •some.. Public for Residing at: Ha P-1 Commission expires: Centre Point Square MDA -13-025 Page 4 Branch :TAD User :D016 Order: 1080022 ADA COUNTY RECORDER Chrieftpher D. FJCh AMOUNT 10,00 1 8018E IDAHO 12108/20-13 o1:s2pm DEPUTY Cho Fowler NEWTITLE A rfrt-rz r. CSICROW co" 10 NEXTITLE - 10AHo tk:1.ko t> %a' 0%-b f f'r WARRANTY DEED FOR VALUE RECUMMD Center Point SQuare. LLO, an Limited Liability Company GRANTOR(s) does(da) hereby GRANT. SARGAIN, SELL and C;ONVEY unto: M3 Investments, LL0. an Limited Liability Company GRANTEE(s), whose current address In., iv.0 W Calcite Court, Meridian. 10 $3642 the following doeWbod real property in Ado County. State of Idaho mom particularly described an follows, to wit LOT 31 IN BLOCK I OF BIENVILLE SQUARE SUBDIVISION NO. 2. ACCORDING To THE OFFICIAL PLAT THeREOF, RECORDED IN BOOK 105 OF PLATS AT PAGES 1427,7-1427g,AND AME NDED SyAN AFFIDAVIT OF CORRECTION RECORDED JUNE 12, 2013, AS INSTRUMENT NO. 113066335, OFFICIAL RECORDS OF ADA COUNTY, IDAHO. TO HAVE AND TO HOLD the said premises, with their appurtenanookS unto said Grantoe(&), and Grantse(s) heire and assigns torover_ And Grantor(*) does(do) hereby covenant to and with said Grantea(*) that Grontor(s) iWare the owner(*) In left simple Of sold Pron'Wome, that said premises are free from, an encumbrances. EXCEPT those to which this conveyance, is expressly made subject and those MOO*. Suff0ftel Or done by the Grantee(s). and subject to reservations, restrictions, dedications, ease rnenW rights of way and agreements, if any. of record, and general taxes and aseesoments, (including it StIOn and utility assessn'tents. If any) for the current year which are not yet due and payable and the GrOntor(s) will warrant and defend the some from all lawful clowns whatsaever. Datqd17.--15-11- Center Poin S 11-C-.1Nr*wWtQ0 Liability Company BY: Alliance rola ultants 'Member by: Cory M. its, Member STATE OF: Idaho COUNTY OF On this _,4_ day of P..in the 20 year Of " b*fbm Mak the underedgned Notary Public In and for said State. PQr8OnWY-6kPPQ8MdAftX-- d — krxywn or identill'ied to me, (or proved to me on the oath Of-.)_.___ to bb Me of the limited Nobility company that executed the instrument or the person who executed the instrument an behalf of said Itmited fiabinty company and acknowledged to me that such limped Ilablitty company executed the $an,#*, IN WITNESS VMIEREOF, I have hereunto set my hand and affixed MY Official esel the day and year in this corfificale, first above wrivien. Notary Public for Residing at: My oomrnissGn-4 11 0 ADA, ID Document:DED WAR 113.130761 Printed on:4/11/2014 12:22 PM Page:1 of I h �$ W s. SWWE r ENI'' '-E. SWRO� S�j t� 21 M 9 3 >E Biol 10 - 1 6 � n m � y pZ,rrs� 3 I IE 75 � C IDV < n 1T 3 �:.. -ego I Iiz'� ^ ►- �4 `o =d' N 1- }Cis. I c q IL /af . . :. . . . . .# ... .. Ain P�Kqpwmwno � Ii gg VS NZ g Ipts !...: oil `��►� N& 133b1S akfV3Id 3 _ DATE: May 6, 2014 ITEM NUMBER: 5HH PROJECT: VAC 1-002 ITEM TITLE: RESOLUTION NO. Resolution No. �� ��Q : VAC 14-002 Reardon Subdivision by CS2, LLC Located Southwest Corner of W. Cherry Lane and N. Summertree Request: Vacate the Private Drain Field Easement on Lot 2, Block 1 and Note #6 Platted with the Hearthstone Subdivision MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS ADA COUNTY RECORDER Christopher D. Rich AMOUNT .00 3 BOISE IDAHO 05/08/14 09:35 AM DEPUTY Bonnie erbillig III IIIIIIIIIIIIIIIIIIIIIIIIIIIIIII III RECORDED -REQUEST OF Meridian City 114034778 CITY OF MERIDIAN RESOLUTION NO. ' BY THE CITY COUNCIL: BIRD, BORTON, CAVENER, MILAM, ROUNTREE, ZAREMBA A RESOLUTION VACATING THE PRIVATE DRAIN FIELD EASEMENT AND ASSOCIATED PLAT NOTE (#6) PLATTED WITH THE HEARTHSTONE SUBDIVISION LOCATED IN THE NORTHEAST '/4 OF THE NORTHWEST '/4 OF SECTION 10, TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN, CITY OF MERIDIAN, ADA COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on April 22, 2014 the City Council of Meridian, held a hearing on the vacation of the private drain field easement and associated plat note (#6) platted with the Hearthstone Subdivision located in the Northeast '/4 of the Northwest 1/4 of Section 10, Township 3 North, Range 1 West, Boise Meridian, City of Meridian, Ada County, Idaho, and WHEREAS, after such hearing, the City Council, by formal motion, did approve said described vacation; and NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN CITY, IDAHO: Section 1. That the private drain field easement and associated plat note (#6) platted with the Hearthstone Subdivision located in the Northeast'/4 of the Northwest'/4 of Section 10, Township 3 North, Range 1 West„ Boise Meridian, City of Meridian, Ada County, Idaho, are hereby vacated. A copy of the necessary relinquishment is attached as Exhibit "A". Section 2. That this Resolution shall be in full force and effect immediately upon its adoption and approval. PASSED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this V day of t X t:�- � , 2014. VACATION — REARDON - VAC 14-002 Page 1 of 2 W r'"t APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this day of b'L �,, , 2014. Mayor T de Weerd ATTEST: ��Citfof olman, City Clerk R IDIANt- 3G Hll6 y �F SE psi y �7e TAti �' STATE OF IDAHO, ) ss County of Ada ) On this l0 -1M- day of , 2014, before me, the undersigned, a Notary Public in and for said State, p rsonally appeared TAMMY de WEERD and JAYCEE L. HOLMAN, known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. ,•GQ,J01V�,•,• NO ARY PU LIC FOR IDAHO (SEA V�tio;SARp'`�' • RESIDING AT:� MY COMMISSION EXPIRES: Z/ -C)0-)0 •• � titin . F . VACATION — REARDON - VAC 14-002 Page 2 of 2 /''r 1 EXHIBIT A Drain Field Easement Proposed to be Vacated ?LAT �HOYONG FAUBDIV118101W X LOCATED IN THE NE 1/4 OF THE NW 1/4 OF SEC71ON 10, T.3N., R.JW_ S.M., MERIDIAN, ADA COUNTY, .IDAHO 2003 h_ +HUBBLE ENG9NEERING, INC, )IC' �vVIERIDiAN. IDAHO C H E A A Y t,v Mf. .�yF RA9Y S9 fiEARigII .ry¢9 m � , REAL FOINY DF p"GHK,NL `14 L�—,j t ec5 rJ- Aii4Y. ... ....J!`y'� fad A4. S52i ^ M 1 ' I I I I .f wow g, VW �r, I 4- .T.. ..'- .. .. ......L ....,. r .NF,W W _ •••.•,—•••.•. •� S &9'3fi'i7 E J72.N4 _ _ "9""''' � +mo- .. y3'id} ar„n,cr ,rte+was 5k!F.f.T 1 A Reardon — VAC 14-002 • • r .. ,MM / 11 Resolution No. Z�1- 2n : VAC 14-003 Jayker No. 1 (Lots 15 & 16, Block 1 1) by The Club at Spurwing LLC Located North of Chinden Boulevard and East of N. Jayker Way Request: Vacate a Portion of the 10 -Foot Wide Public Utility, Drainage and Irrigation (PUDI) Easement Along the Shared Lot Lines of Lots 15 and 15 AND Lots 16 and 17, Block 11 Platted with Jayker Subdivision No. 1 MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS ADA COUNTY RECORDER Christopher D. Rich AMOUNT .00 5 BOISE IDAHO 05108/14 09:35 AM DEPUTY Bonnie Oberbillig III IIIIIIIIIIIIIIIIIIIIIIIIIIIIIII III RECORDED -REQUEST OF Meridian City 114034777 J CITY OF MERIDIAN RESOLUTION NO. ` �. 0 BY THE CITY COUNCIL: BIRD, BORTON, CAVENER, MILAM, ROUNTREE, ZAREMBA A RESOLUTION VACATING A PORTION OF TWO (2) 10 -FOOT WIDE PUBLIC UTILITY, DRAINAGE, AND IRRIGATION (PUDI) EASEMENTS LOCATED ON THE INTERIOR LOT LINES OF LOTS 15 AND 16 and LOTS 17 AND 17, BLOCK 11 OF JAYKER SUBDIVISION NO. 1, LOCATED NORTH OF CHINDEN BOULEVARD AND EAST OF N. JAYKER WAY IN THE SOUTHEAST 1/4 OF SECTION 22, TOWNSHIP 4 NORTH, RANGE 1 WEST, BOISE MERIDIAN, CITY OF MERIDIAN, ADA COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on April 22, 2014 the City Council of Meridian, held a hearing on the vacation of a portion of two (2) 10 -foot wide public utility, drainage and irrigation (PUDI) Easements located on the interior lot lines of lots 15 and 16 AND lost 16 and 17, Block 11 of Jayker Subdivision No. 1, located North of Chinden Boulevard and East of N., Jayker Way in the Southeast 1/4 of Section 22, Township 4 North, Range 1 West, Boise Meridian, City of Meridian, Ada County, Idaho, and WHEREAS, after such hearing, the City Council, by formal motion, did approve said described vacation; and NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN CITY, IDAHO: Section 1. That a portion of two (2) 10 -foot wide public utility, drainage and irrigation (PUDI) Easements located on the interior lot lines of lots 15 and 16 AND lost 16 and 17, Block 11 of Jayker Subdivision No. 1, located North of Chinden Boulevard and East of N., Jayker Way in the Southeast 1/4 of Section 22, Township 4 North, Range 1 West, Boise Meridian, City of Meridian, Ada County, Idaho, are hereby vacated. A copy of the necessary relinquishment is attached as Exhibit "A". VACATION — JAYKER NO. 1 (Lots 15 & 16 and Lots 16 & 17, Block 11) - VAC 14-003 Page 1 of 1 Section 2. That this Resolution shall be in full force and effect immediately upon its adoption and approval. PASSED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this day of , 2014. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this f k'� day of , 2014. Mayor i�iny de Weerd ATTEST: �s P City of "y TDIA Nt- AA--Z ooarso Jaycee LAIolman, City Clerk, SEAL. r y P�of'he TR@�`�F�.. STATE OF IDAHO, ) ) ss County of Ada ) On this (S%4,b day of 0 r") , 2014, before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY de WEERD and JAYCEE L. HOLMAN, known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. .9.96.00 CA J0 (SEAL) •�•,91'E OF NO ARY PUBL �CF R AHO RESIDING AT: Qer,d ,-," ( D MY COMMISSION EXPIRES: VACATION — JAYKER NO. 1 (Lots 15 & 16 and Lots 16 & 17, Block 11) - VAC 14-003 Page 2 of 2 EXHIBIT A Legal Description and Exhibit Map Depicting the Easements to be Vacated J;�I181T A IAYSSRSUNDN MON—LOTS1SAND J6 EASIEFIENIA VACATION An eminent iocamd Ia Lot Hand and 16. Slock l t of isyker SuMvisbn —phare 1, mcorded is Book 101 orPlatt at pages 13341 *w2h 13354, Mouth of Ada toasty. Said ememmt is ""W in"Sodb"M t4 of dw Northeast N d'Settkaa 22, TAN„ R.1 W., Ddu MWMlan, Ads AMY. Mdp- UM Lou 13 and 16 wan also taabssgtaatady refs wmW in a property BoaWNY AdJvsum* Aeoerd of Starvey No. 9169, Ads Cum kacondat imw rmu Nuasbw 112030314. Said eaunteet It More taaaWNIY daaibed w Mdlom ComMatcing N Ibe northwest ON= Of SAM Lot 16. daenoe South 04' 43'37" Wer 6730 fees to the pOD IT OF BlDti1NNING; thenar, South sr 3t' 17"Egg 10.00 foes; droce South 00.48' 43" West 161.29 hew; dasam, Nanh 66' 13'09" Woo 10.99 hK; thence, �1 NOdh 00' 28'43" East 156.99 feet to tho pOiNT (W 5XG1NNINO. Said pucd o-dwat 1.591 sapats Moet, aeatae or les. Jayker No.l (Lots 15 and 16& Lots 16 and 17, Block]]) —VAC -14-003 EXHIBIT A RXMIT A JAYM SUBDIVISION—LOTS 16 AND 17 BASINnMit VACATION An easemetd lw#Ad in I.ots 16 ata 17, Block 11 of lofter Subdlvidon—Ffnw 1, recorded in Book 101 of Pok st pose 13341 du0tr5h 13352, Words of Ads Cocaty. Said asemeert It shaaptd In the Soudiast 1E of the No dwM % of SMM 22, TAN, R.IW, Roke INaidias, A4k County, Llabo, Said Lots 16 and 17 as an nwaquaody nrwwo d in a P umay Sosodry A4ustrocm Record of Sorvay 140.9169. Said awmon b trtraapartiealariy 4ucctbod a Wow Cosnmauaaa at the aaehOw omw of said Lot 16; tbenoe slots the end bomdery or&Q Lot 16 Soath 00' 29' 19" West 263.72 Let to the POINT OF REOINNIM, tbmw conUntrigs along said east bourrdsry, South 00.29'19" Wet 10.00 Lot; !boom North !9.39'47- Woe 116.30 feet: dWW4k North 47'04, 58" Fut 14.59 feet; dwtee, South 69.39'47" Fast 105.89 feet to the POINT OF ItFA1NMNO. Said aasaoott contains 1,112 square Let, mora or kss. Jayker No.I (Lots IS and 16 & Lots I6 and 17, Block 1 l) — VAC -14-003 Ll4MMtIC SCAtB AV !tet' ) ■ t toad • 60 It EXHIBIT A POINT EASEMENT A SLOPE AREA EXISTiNa 10' IRRIGATION AND PUBLIC UTILITIES EASEMENT TO BE VACATED PARCEL. "A' AS DEPICTED ON RECORD OF SURVEY NO. 9189, INSYRUMENT NO. 112030314 4 TJr POINT A—"' SLOPE AREA —11 1 PARCEL "B" AS DEPICTED ON RECORD OF SURVEY NO. 6169, INSTRUMENT N0, 112030314 POINT OF OX EAEN % SEM B s �kT�1A U PL ViIES nliINQ 10,EASEMENTJ TO BE VACAIEO *UC PARCEL "C" AS DEPICTED ON O RECORD OF SURVEY NO. 9169, INSTRUMENT NO. 112030314 EXISTING 20' PUBLIC UTNJTIES ... %v, vw"vAKT A� UUWILU —' ON .JAYKER SUBDIVISION FINAL PLAT ORIGINAL LOT NUMBE1t ! O GINAL --____EXISTING puBLIC UTILIT6ES EASEMENT.AS SUBDIVISION N DEPICTED ON JAYKER SUBDIVISION FINAL PUT I°N1JA PUT. BLOCK 11. rr��n.�nml!��1 EXISTING PUBLIC UTILITIES EASEMENT AS [�!ZA7-lL/I7IJDEPICTED ON JAYKER SUBDIVISION FN4AL PLAT LOTS SUBSEQUENTLY ADJUSTED VIA RECORD OF — amp VACATED *VAIN THIS APPLICATION SURVEY NO. 8169. ma=T B - iAYjm quBDIVISYDN on—� -OTS 15, 16 IND 17 -- nS�NT 1101 1;;CA77ON ■ C1Ckan t LOC ATBD IN TBI NOATHEW 1/4 Conakinp. —Inc. --OF 8>ef.'r1Ofi 22, T:4H., LIT. B.Y. Jayker Ne.1 (Lots 15 and 16 & Lots 16 and 17, Block 1 l) —VAC -14-003 DATE: May 6, 2014 ITEM NUMBER: 5JJ PROJECT ITEM TITLE: RESOLUTION NO. Resolution No. J / - IV : A Resolution of the Mayor and Council of the City of Meridian Authorizing the City Clerk to Destroy Certain Semi -Permanent and Temporary Records of the City Clerk's Office WEETING NOTES Community Item/Presentations Presenter Contact Info./Notes 111 JL, A, 11� 1, 1111,111111 liftIRIJI-ITAF-11roll Me, DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS CITY OF MERIDIAN 13Y THE CITY COUNCIL: RESOLUTION NO. ' BIRD, BORTON, CAVENER, MILAM, ROUNTREE, ZAREMBA A RESOLUTION OF THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN AUTHORIZING THE CITY CLERK TO DESTROY CERTAIN SEMI-PERMANENT AND TEMPORARY RECORDS OF THE CLERK'S OFFICE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Mayor and City Council have the authority pursuant to Idaho Code § 50-907(4) to, by resolution, destroy semi-permanent and temporary records, upon the advice of the City Attorney, and with such disposition to be under the direction and supervision of the City Clerk; and WHEREAS, the City Clerk has identified certain semi-permanent and temporary records that may be destroyed pursuant to Idaho Code § 50-907(2) and (3) because the time period for retention of such records has expired; NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN CITY, IDAHO: Section 1. That the City Clerk is hereby authorized to direct and supervise the destruction of the following semi-permanent and temporary records of the Clerk's Office; CLERKS OFFICE YEAR S I DESCRIPTION Semi-permanent Records AudioNideo Recordings December 2008 and older Records include audio/video recordings of City Council, Commission, and Committee meetings. Correspondence, Administrative December 2008 and older Records include correspondence created or received in the course of administering city policies/programs. Temporary Records Public Records Requests January 2009 -December 2011 Records include written public records requests, city denials of public records requests, responses, etc. Section 2. That the City Clerk is authorized to take all necessary steps to destroy the records as provided by this Resolution. Section 3. That this Resolution shall be in full force and effect immediately upon its adoption and approval. ADOPTED by the City Council of the City of Meridian, Idaho, this 6th day of May, 2014. APPROVED by the Mayor of the City of Meridian, Idaho, this 6th day of May, 2014. APPROVED: ATTEST: /yam P� of Mayor Tam de Weerd`' �.- ` ifs 1- /'� hd _�y 13"I �,Eb ,y Jaycee L. Holman, City Clerk RESOLUTION AUTHORIZING DESTRUCTION OF CLERK'S OFFICE RECORDS 2014-03 PAGE 1 OF 1 DATE: Mav • 2014 -TEM TITLE: RESOLUTION NO. 1 02 Resolution No. Z q ' : Resolution Extending The Cooperative Construction And Reimbursement Agreement With JLJ Enterprises And The City Of Meridian Entered Into On Or About March 10-12, 2009 MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS CITY OF MERIDIAN RESOLUTION NO. BY THE CITY COUNCIL: BIRD, BORTON, CAVENER, MILAM, ROUNTREE, ZAREMBA A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MERIDIAN EXTENDING THE COOPERATIVE CONSTRUCTION AND REIMBURSEMENT AGREEMENT WITH JLJ ENTERPRISES FOR A 12 INCH WATER MAIN FROM THE INTERSECTION OF OVERLAND AND LINDER ROADS WEST APPROXIMATELY 5000 FEET WHEREAS, the City of Meridian entered into a Cooperative Construction and Reimbursement Agreement with JLJ Enterprises on or about March 10-12, 2009; and WHEREAS, the basis of the Agreement was for the reimbursement of a portion of a 12 inch water main; and WHEREAS, a copy is hereby attached to this resolution as Exhibit "A;" and WHEREAS, the remaining balance owed on this project pursuant to the agreement is $28,856.23 the entirety of which is to be paid from the assessment fees collected for the development of Southridge Subdivision; and WHEREAS, the Original Agreement was set to expire on or about March 11, 2014 the City by a separate settlement agreement, a copy of which is attached as Exhibit `B," has agreed to extend the Original Agreement until March 11, 2019; and WHEREAS, any payments received between March 11, 2014 until March 11, 2015 by the City pursuant to the Original Agreement shall be paid to the Bittercreek HOA as described in Exhibit "B" and after that date shall then be paid to JLJ Enterprises, or its successor in interest, until the expiration of the Agreement on March 11, 2019. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO, AS FOLLOWS: Section 1. That the above noted Cooperative Construction and Reimbursement Agreement with JLJ Enterprises and the City of Meridian entered into on or about March 10-12, 2009 is hereby extended to March 11, 2019. Section 2. That any payments received between March 11, 2014 and March 11, 2015 shall be paid to the Bittercreek HOA. After the latter date the payments shall be paid to JLJ Enterprises, or its successor in interest, until the expiration of the Agreement. ADOPTED by the City Council of the City of Meridian, Idaho, this day of May, 2014. APPROVED by the Mayor of;t4e&ityf-of,,Meridi CITYT-MERIDIAN: _ ,,s, ,r Atte s Tammy de Weerd, Mayor Ja c Idaho, this "day of May, 2014. . Holman, City Clerk RESOLUTION EXTENDING THE COOPERATIVE CONSTRUCTION AND REIMBURSEMENT AGREEMENT WITH JLJ ENTERPRISES AND THE CITY OF MERIDIAN ENTERED INTO ON OR ABOUT MARCH 10-12,2009 RESOLUTION EXTENDING THE COOPERATIVE CONSTRUCTION AND REIMBURSEMENT AGREEMENT WITH JLJ ENTERPRISES AND THE CITY OF MERIDIAN ENTERED INTO ON OR ABOUT MARCH 10-12, 2009 COOPERATIVE CONSTRUCTION AND REIMBURSEMENT AGREEMENT 12 -INCH WATER MAIN FROM THE INTERSECTION OF OVERLAND AND 1-iNDER ROADS WEST APPROXIMATELY 5000 FEET THIS AGREEMENT made this1day of 2009, by and between the CITY OF MERIDIAN, a municipscorporation, hereinafter called "CITY," and JW Enterprises, Inc., hereinafter called "DEVELOPER", WITNESSETH: WHEREAS, DEVELOPER owns land inside the corporate limits of the City of Meridian and desires to construct approximately 6,000 fest of 12 -inch water main, along Overland Road, to be owned, operated, and maintained by CITY to serve DEVELOPER's property, South Ridge Subdivisions• (shown on Exhibit "A"), and has requested reimbursement for a portion of the 12 -inch water main; WHEREAS, upon recommendation of the Public Works Department, the City Council of CITY accepted and approved the proposal of DEVELOPER to construct the said 12 -inch water main system, subject to all conditions hereinafter provided by this Agreement; NOW THEREFORE, in consideration of the foregoing premises, CITY and DEVELOPER hereby agree: A. Preparation of Plans, DEVELOPER has prepared plans and specifications, drawings, instructions, bid proposal and all other contract documents for the construction and installation of the 12 -Inch water main system (hereinafter called "Projecf'), shown on preliminary pians (hereinafter called "Exhibit "13% including rights-of-way, grades and elevation, and materials used in the construction and installation of said Project. B. Final ,Approval of Plans. Prior to commencement of construction, CITY shall approve or reject, in its discretion, the Project plans. CITY and DEVELOPER shall acknowledge in writing the final plans, Page 1 of 11 and said plans shall not thereafter be modified In any material way unless such modifications are approved in writing signed by CITY and DEVELOPER. C. Solicitation of Bids. DEVELOPER will solicit bids for construction using the City Purchasing Department's bid procedures at a minimum. DEVELOPER Shall work with the City Purchasing Manager in developing the bid and establishing a due date. A representative of the City Purchasing Department must attend the bid opening. DEVELOPER will award the construction contract to the lowest responsible bidder after obtaining concurrence from the CITY Purchasing Manager of low bidder and City Council approval. D. Contract Terms. DEVELOPER shall provide CITY with a copy of the executed construction contract(s) prior to the stark of any construction. All construction contract(s) shall include, at a minimum, the following previsions: 1. A requirement that the contractor provide payment and performance bonds in the amount of one hundred percent (100%) of the total Project cost naming CITY as an additional beneficiary as required by the Public Works Contractors License Act, Chapter 19, Title 54 of the Idaho Code. 2. A requirement that the successful bidder be licensed as a public works contractor as required by Idaho State Statute 54-1902. 3. A requirement that the construction of the Project shall be in accordance with the approved designs, plans, and specifications and be Substantially Complete by June 1, 2009. Forthe purposes of this Agreement, the term "Substantially Complete" shall mean that the Project and all components thereof can be safely used for their intended purpose(s) despite the fact that some item or items remain uncompleted. 4. A provision that the time for Substantial Completion will only be extended by (a) acts of God, (b) war, (c) delays caused by CITY, (d) weather, (e) review and/or approval processes required by outside agencies not otherwise parties to this Agreement (t) any request for extension of time approved in writing by CITY. 5. A requirement that the contractor shall maintain liability insurance insuring against bodily injury or death with, limits of not less than One Million Dollars ($1,000,000.00) per person and per occurrence, and property damage with a limit of One Million Dollars ($1,000,000.00) per occurrence, naming the City as an additional insured and provide a certificate of said insurance prior to the start of construction. Said requirement is extinguished upon acceptance of Project by City. 6. A provision that the contractor shall indemnify CITY and DEVELOPER from any and all claims by third persons arising out of the performance of the contract. Page 2 of 11 7. �A provision, that the contractor shall comply with all applicable laws, rules, and regulations, and that the contractor shall secure all applicable permits and pay all applicable fees. 8. A provision providing at least a one (1) year warranty on the operation and materials of the Project, which warranty shall be assignable to CITY, to be secured by the posting of a performance bond in favor of City upon project completion in the amount of ten percent *(10%) of the total Project cost, E. Conditions Precedent to Execution of Construction Contract(s). Prior to execution of any construction contract, the following conditions shall be satisfied: 1. Prior to the start of construction in 2009 the DEVELOPER shall secure financial surety acceptable to ACHD guaranteeing the completion of the Overland Road realignment project. 2. DEVELOPER shall provide proof to CITY that the completion of the Overland Road realignment project has not been canceled or postponed, 3. DEVELOPER shall obtain written approval from CITY of the form and terms of such construction contract, which approval may be withheld for any reason, including but not limited to DEVELOPER's failure to obtain a construction contract that contains the provisions required by this Agreement, but which approval shall not otherwise be unreasonably withheld. 4. Any easements required for the Project or the construction thereof shall be deeded to CITY and recorded prior to construction of the Project. P. DEVELOPER and CITY Responsibility for Costs. Because the DEVELOPER will construct the Project, as shower on Exhibit "B", it is mutually agreed that the cost of the Project will be subject to actual cost verification by CITY. DEVELOPER shall fund 100% of the cost of the Project, estimated at $229,896.90. The -City will reimburse the DEVELOPER for 60% of the project estimate (subject to cost verification) less an administration fee of $9,384.60 as listed In paragraph J. Go Construction of the Prolect. 1. DEVELOPER shall install and, construct the Project in compliance with and subject to all conditions provided herein. Page 3 of 11 2. DEVELOPER shall obtain and/or provide all engineering, surveying, contract administration, and/or permanent and temporary easements necessary for the construction of the Project. 3. DEVELOPER shall undertake and/or provlde all testing, sampling and other normally conducted measures for quality control/quality assurance regarding any and all installed systems, 4. CiTY shall provide inspection services for the construction of the Project in accordance with CITY standards. H. Chance orders to Construction Contract, DEVELOPER shall obtain the written approval of CITY before approving any change order to the construction contract. In the event of a change order, CITY and DEVELOPER shall execute an amendment to this Agreement to record the amount of the change order to be reimbursed to DEVELOPER, if any. In the event that a change order or other amendment to ,the construction contract results In a cost savings, CITY and DEVELOPER shall execute an amendment to this Agreement to reflect how the cost savings will be allocated between CITY and DEVELOPER. I. Completion of the Prolect. 1. It is the desire of the City and in agreement with the Developer that this project be substantially completed by June 30, 2009 to be in alignment with the Ada County Highway District's needs for the road system in this area. The DEVELOPER and the CITY discussed and agreed to this completion date on September 16, 2008 in a City Council meeting. 2, Upon final completion of the Project, DEVELOPER shall furnish to CI'T'Y written certification that the Project has been completed in accordance with the approved . plans. Within fifteen (1 a) days after delivery of the certificate.0 completion, CiTY shall either accept the same or provide a written itemization of those matters it reasonably finds to be non -conforming with the approved plans, in which case DEVELOPER shall promptly cause the remediation of all non -conforming matters, 3. Upon completion of the Project, DEVELOPER shall deliver to CITY comprehensive as -built drawings for the Project in both a reproducible, printed format, on both mylar and in electronic files In AutoCAD format. 4, Upon completion of the Project, DEVELOPER shall complete all paperwork necessary to assign to CITY the contractor's one (1) year warranty of the work and materials on the Project. Page 4 of 11 a. Upon completion of the Project, DEVELOPER shall represent and warrant that the Project is free and clear of all liens and encumbrances not created by or with the written consent of CITY. 6. Upon completion of the Project, CITY'shall issue an approval letter accepting ownership to DEVELOPER. J. ftrnburserneritto DP ELOPER. Because DEVELOPER will construct the Project, CITY shall reimburse to DEVELOPER 50% 50% of the project estimate (subject to cost verification) less an administration fee of $9,384.60 as listed below. Construction Cost $229,896.90 City portion of Construction Cost $115,214.20 Less Administration fee of -$ 9,384.60 Design & Engineering Costs $ 12,806.25 Soft Costs $ 10 220.38 Total City Responsibility $128,856.23 CITY to pay $100,000.00 to DEVELOPER within thirty (30) Day's upon project completion, which shall be no later than June 30, 2009 unless delay is caused by something outside the control of the DEVELOPER, and CITY's acceptance of the project. The City shall not be obligated to pay any amount after June 30, 2009 unless the DEVELOPER can prove to the CITY that they delay was outside of his control. if such showing is made the CITY may allow for a reasonable period of time to cure the default and shall pay this amount at the later designated date, The CITY Project Manager well conduct an audit of this agreement on a quarterly basis, beginning three months from the date of this agreement, and reimburse the DEVELOPER the remainder of the. CITY's responsibility in. accordance with this agreement from the assessment fees..collected during the aO t period for the DEVELOPERS property, South Ridge Subdivision. K. Term of Agreement. Payments shall continue under this agreement for a period of 6 (five) years from the date of execution of this agreement by CITY, or until DEVELOPER is reimbursed the full amount of $128,858.23, whichever occurs first. The City ordinance in effect at the time of -execution of this agreement does not allow the term of this agreement to extend beyond 5 (five) years. If the DEVELOPER has not been reimbursed the estimated "amount as shown above after five.(6) years from the date of this agreement, and if the CITY ordinance has been amended to allow this agreement to be extended beyond a five year period, then this agreement may be extended by mutual Agreement of the CITY and the DEVELOPER. This provision is intended to allow CITY to Page 5of11 consider extending this agreement if allowed by ordinance and does not commit CiTY to agree to such an extension if allowable. L. Mater and Sewer Lines on DEVELOPER's Property. As a condition for CITY entering this Agreement, DEVELOPER has or will request and submit to inspections by the Public Works Department and/or the Building Department of CiTY whenever a building is to be connected to any and all portions of the Project constructed and installed bn and/or within DEVELOPER's property. M. Compliance with Laws. 1. In constructing and installing the Project on and/or within its property, DEVELOPER, at its sole expense, shall comply with any and all laws, orders and regulations of f=ederal, State and local authorities and at DEVELOPER's sole expense shall obtain any and all licenses or permits which may be required for or in the course of the performance of this Agreement. 2. Upon connection to the City of Meridian water and sanitary system, DEVELOPER shall abide by all applicable CiTY laws, rules and regulations pertaining to water and sanitary sewer systems, N. Indemnification and Insurance. DEVELOPER shall include in all contracts between DEVELOPER and the contractors the indemnification and insurance requirements as set forth in this paragraph. All contractors shall indemnify and save and hold harmless CITY and DEVELOPER from and for any and all losses, claims, actions, judgments for damages, and/or Injury to persons or property and' lasses and expenses caused or incurred by contractorsr their servants, agents, employees, guests, and/or business invitees, and not caused by pr arising out of tortious conduct of CITY or ifs employees or its DEVELOPER. In addition all contractors shall maintain, and specifically agrees that it will maintain, throughout the pendency of this Agreement, liability insurance in which CITY and DEVELOPER shall be named insured in the minimum amount as specified in the Idaho Tort Claims Act set forth in Title 6, Chapter 9 of the Idaho Code. "The limits of such insurance shall not be deemed a limitation of the covenants to Indemnify and save and hold harmless CITY and DEVELOPER, and if CITY and -DEVELOPER become liable for an amount in excess of the. insurance limits herein provided City and DEVELOPER covenants and agrees to indemnify and save and hold harmless CITY from and for all such losses, claims,•actions and/or judgments for damages and/or liability to persons and/or property. DEVELOPER shall provide CITY with a certificate of insurance evidencing DEVELOPER'S compliance with the requirements of this paragraph by filing such proof of insurance with the City Purchasing Manager. In the event the insurance minimums of the Idaho Tort Claims Act are changed, CITY shall notify Page 6 of 11 DEVELOPER of such change, and DEVELOPER shall immediately submit proof of compliance with the changed limit. City hereby indemnifies and saves and holds harmless DEVELOPER from and for any and all losses, claims, actions judgments for damages, and/or injury to persons or property and losses and expenses caused or incurred by CITY, its servants, agents, employees, -and those parties under the control or direction of the CITY. The duty to indemnify shall also include the duty to defend DEVELOPER at the CITY'S cost. 0. No Assignment. DEVELOPER shall not assign any portion of this Agreement or any privilege here under, either voluntarily or involuntarily, without the prior written consent of the CITY, which consent shall not be unreasonably withheld. P. Remedies upon Default. 1. Default by DEVELOPER. In addition to such other remedies at law or inequity that CiTY may have, in the event DEVELOPER fails or neglects to perform its obligations under the terms and provisions of this Agreement in the time and manner required herein, CITY may withhold any reimbursement due to DEVELOPER hereunder until such default is corrected to the satisfaction of CITY. 2. Default by CITY. In the event CITY fails or neglects to perform its obligations under the terms and provisions of this Agreement in the time and manner required herein, DEVELOPER shall be entitled to all remedies available at law or in equity. Q. Attornev Fees. Should either party find it necessary to employ an attorney for representation in any action seeking enforcement of any provision of this Agreement, or to recover damages for breach of this Agreement, or to resolve any disagreement as to the interpretation of this Agreement, the unsuccessful party in any final judgment or award entered pursuant to such action shall reimburse the prevailing party for all reasonable costs, charges and expenses, including attorneys' fees expended or incurred by the prevailing party in connection therewith and In connection with any appeal, and the same may be included in such judgment or award. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. R, Notices. Page 7 of I I Any notice desired by the parties and/or required by this Agreement shall be sent via United States Mail, registered or certified mail, postage prepaid, return receipt requested, and shall be addressed as follows; CITY: City Engineer City of Meridian 33 E. Broadway Ave, Suite # 102 Meridian, Idaho 83642 with copy to: Purchasing Manager City of Meridian 33 E. Broadway Ave, Suite # 106 Meridian, Idaho 83642 DEVELOPER: JLJ Enterprises Inc. 1660 Carol Street Meridian, Idaho 83642 Such notice shall be deemed delivered if and when delivery is accepted orthree (3) days after deposit in the United States Mail. Either party shall have the right to change its address by delivering to the other party a written notification thereof in accordance with the requirements of this section. S. Governing Law, This Agregment shall be governed by and construed in a_peordance with the laws„of the State of Idaho and the ordinances of the City of Meridian. All exhibits to this Agreement are incorporated by reference and made a part of this Agreement as if the exhibits were set forth in their entirety in this Agreement. U, gntil re Agreement, This Agreement and the exhibits hereto constitute the full and entire understanding and agreement between the parties with regard to the transaction contemplated herein, and Page 8 of 11 no party shall be liable or bound to any other in any manner by any representations, warranties, covenants and.agreements except as specifically set forth herein. The term "DEVELOPER's Property" in the Agreempnt shall mean the parcels shown on Exhibit "A" attached hereto, and more specifically all of the property Included in the South Ridge Subdivision, W. Binding Effect. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their heirs, successors and assigns, and shall survive any transfer by DEVELOPER of DEVELOPER'S Propgrty. X. Reports and Information; At such times and in such forms as the CITY may require, DEVELOPER shall furnish to CITY such statements, records, reports, data.and information as the CITY may. request pertaining to matters covered by this Agreement. Y. Audits and inspectlans. At anytime during business hours and as often as the CITY may deem necessary, there shajI be made available to.the CITY for examinatign all of DEVELOPER's.. records with respect to all matters covered by this Agreement. DEVELOPER shall permit the CITY to audit, examine, and copy such records, and to make,audits of all contracts, invoices, materials, payrolls, records of personnel, conditions of employment and other data relating to all matters covered by this Agreement. Z. Construction and Severability. If any part of this Agreement is held to be invalid or unenforceable, such holding will not affect the validity or enforceability of any other part of this Agreement so long as the remainder of the Agreement is reasonably capable of completion. Page 9 of 11 IN WITNESS WHEREOF, the parties shall cause this Agreement to be executed by their duty authorized officers the day and year first above written,- DEVELOPER: ritten; DEVELOPER: JLJ Enterprises, Inc Tittle t2-bv� Bate BYY �l6 TAMMY de WPARD, MAYOR Date FQ ..r�-H Vr iTY o Approved as to Content TH WATTS, PURCHASING MANAGER Dated: i Page 10 of 11 STATE OF IDAHO ) County of Ada ) On this 12' day of_&A116 k 2009, before me the undersigned, a Notary Public in and for said State, personally appeared -ame s L, Se-y'dil known or identified to me to be the person whose name is subscribed to the within instrument, and acknowledged to me that he/she executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. At k - Notary Pu 46 For Idaho Residing at; AIAM �" p °®��' a �� � Commission Expires:_- - 1- t i - Z.n i s +®` QP I'D STATE OF IDAHO ) ) ss County of Ada } On this day of.- M c,V- cy, 2009, before me the undersigned, a Notary public in and for said State, personally appeared TAMMY de WEERD and Jain, GCOY' 1141_-l%M, known to me to be the Mayor and City Clerk of the City of Meridian, Idaho, who executed the within Instrument and acknowledged to me.that they executed the -same on behalf of the.City of Meridian IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. Residing at: K Commission Expires: Page 11 of 11 RESOLUTION EXTENDING THE COOPERATIVE CONSTRUCTION AND REIMBURSEMENT AGREEMENT WITH JLJ ENTERPRISES AND THE CITY OF MERIDIAN ENTERED INTO ON OR ABOUT MARCH 10-12, 2009 1"m SETTLEMENT AND MUTUAL RELEASE AGREEMENT This Settlement and Mutual Release Agreement ("Agreement") is made as of the last date written below the signatures of the parties ("Effective Date") by and between Bittercreek Meadows Subdivision Homeowners Association, Inc. ("HOA"), Tim Kelly ("Kelly"), and the City of Meridian ("City"). 1. BACKGROUND. The HOA and Kelly commenced an action in the District Court for the Fourth Judicial District of the State of Idaho, in and for the County of Ada, case number CV -OC -12-05319 (the "Lawsuit") against JLJ Enterprises, Inc. ("JLJ" ), Bitterereek Meadows Water & Sewer Users Association, Inc. ("BWSA"), James L. Jewett ("Jewett"), Renascence Properties, LLC ("Renascence"), and the City. The HOA and Kelly (collectively "Plaintiffs") desire to compromise and settle the Lawsuit, as between Plaintiffs and the City, to settle any and all claims and disputes existing between Plaintiffs and the City and to mutually release each other, all according to the provisions of this Agreement. 2. SEWER CONNECTION. The City, at the City's sole cost and expense, shall connect lots 1, 2, 3, 4, 5, 6, 8, 9, 10, 11, 12, 13, 14, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, and 26, BIock 1 of the Bitterereek Meadows Subdivision, according to the official plat thereof recorded on the 26th day of May, 2006, in Book 95 of Plats at pages 11674 through 11677, as instrument No. 106083883, records of Ada County, Idaho, as amended by Amended Plat of Bittercreek Meadows Subdivision, recorded on June 27, 2006 in Book 95 of Plats at pages 11732 through 11735, as Instrument No. 106102994, records of Ada County, Idaho (collectively the "Lots"), to municipal sewer service provided by the City of Kuna so that after connection, waste water effluent from the Lots flows to Kuna's waste water treatment plant without further treatment, cost (other than the typical monthly service fee charged by the City of Kuna to other residential dwellings within Kuna city limits), testing, or construction by the HOA and/or the members of the HOA and the members of the HOA can receive sewer service from the City of Kuna by agreeing to pay the typical monthly service fee charged by the City of Kuna to other residential dwellings within Kuna city limits. The date when the City has completed connecting the Lots to municipal sewer service provided by the City of Kuna and the members of the HOA can receive sewer service from the City of Kuna by agreeing to pay the typical monthly service fee charged by the City of Kuna to other residential dwellings within Kuna city limits is herein referred to as the "Connection Date". Connection to municipal sewer service provided by the City of Kuna includes, but is not limited to, payment of all connection fees, conveyance fees and other charges for connection, all construction work necessary to connect the Lots to Kuna's waste water treatment plant and the restoration and repair of all improvements within the Bittercreek Meadows Subdivision disturbed by such construction. In no event shall the HOA and/or the members of the HOA be required to consent to annexation by the City of Kuna and the refusal of the HOA and/or the members of the HOA to annex into the City of Kuna shall not relieve the City from its obligations set forth in this Section. The HOA agrees that the City may, but is not obligated to, provide the sewer services to the Lots as set forth in this Section provided such sewer service is on the same terms and conditions as required to be provided by the City of Kuna. 3. SEWER MAINTENANCE AND OPERATION. From and after the Effective Date until the date the City of Kuna agrees to assume the operation, maintenance, repair, and replacement of the Sewer Lines (as hereafter defined), the City, at the City's sole cost and expense and without reimbursement from the HOA or the members of the HOA, agrees to operate, maintain, repair, and replace the Sewer System (as hereafter defined) in accordance with applicable law. For purposes of this Agreement, the "Sewer Lines" mean all sewer lines serving the Lots except the portion of the sewer line within a Lot providing service just to that Lot. By way of example, within Lot 2 there is a sewer line serving both Lot 1 and Lot 2. The portion of the sewer line serving both Lot I and Lot 2 is a Sewer Line but the portion of the sewer Settlement and Mutual Release Agreement - 1 45406.0001.6120430.7 line serving just Lot 1 or just Lot 2 is not a Sewer Line. For purposes of this Agreement, the "Sewer System" means all Sewer Lines, the sewer lagoon pond to which the Sewer Lines connect, the sewer lagoon pond liner, the fencing surrounding the sewer lagoon pond and all other appurtenances to the Sewer Lines and/or sewer lagoon pond to which the Sewer Lines connect. 4. TITLE TO BWSA ASSETS, The City hereby quit claims to HOA any right, title or interest the City may have to any and all assets of the BWSA including, but not limited to, Lot 7, Block 1 of the Plat of Bittercreek Meadows Subdivision, the well located on Lot 7, all equipment associated with the well, and water right Permit No. 63-31957, 5. ANNUAL INSPECTION OF BIOMICROBIC UNITS. From and after the Effective Date until the Connection Date, the City, at the City's sole cost and expense, agrees to pay for the annual inspection of each biomicrobic unit located on the Lots as required by applicable law. The City shall pay for such inspections directly to Idaho Residential Wastewater Treatment Services, Inc. on behalf of each Lot owner beginning the July 2014 -June 2015 billing year. In the event the City receives any correspondence from Idaho Residential Wastewater Treatment Services, Inc. directed to the Lot owners other than billing, the City shall forward these to the HOA address identified in Paragraph 17 of this Agreement. 6. LICENSE. The HOA hereby conveys to the City a license to enter upon all lots within the Bittercreek Meadows Subdivision to perform the obligations of the City undertaken in this Agreement. The license will remain in effect for so long as the City has obligations under this Agreement. 7. ATTORNEY FEES. The City agrees the HOA and Kelly are entitled to reasonable attorney fees and costs as the prevailing party pursuant to the Water and Sewer Agreement (as defined in Section 10) in an amount to be fixed by the Court pursuant to Idaho Rule of Civil Procedure 54. The City, HOA and Kelly have been unable to reach agreement on the amount of attorney fees and costs due the HOA and Kelly, Therefore, the City, HOA and Kelly agree to submit the matter to the court as part of the resolution of the Lawsuit. The parties to this Agreement specifically authorize and hereby direct their respective counsel to promptly after the Effective Date file with the court such motions, memoranda in support or opposition of such motions and supporting affidavits and pleadings and request the court to determine the amount of attorney fees and costs the HOA and Kelly are entitled to as the prevailing party. 8. PAYMENT OF UP TO $28,856.23. Providing the City receives adequate income from assessments to require such payment, JLJ could be owed the sum of up to $28,856.23 from the City pursuant to the terms of that certain Cooperative Construction and Reimbursement Agreement 12 -Inch Water Main from the Intersection of Overland and Linder Roads West Approximately 5000 Feet dated March 12, 2009 (the "Reimbursement Agreement"). JLJ has assigned such amount to the HOA and the City hereby consents to the assignment, and will hereafter consent to the assignment of this Reimbursement Agreement from the HOA back to JLJ at any point in the future while the Reimbursement Agreement remains valid. The City agrees to pay the HOA the sum of up to $28,856.23 as it collects assessment fees from the South Ridge Subdivision in accordance with the Reimbursement Agreement. Such amounts shall be paid to Hawley Troxell and delivered to 877 Main St., Suite 1000, Boise, ID 83702, attention Timothy W. Tyree. The City agrees not to offset any amounts otherwise due the City from JLJ or otherwise raise any defense to the payment of up to $28,856.23 other than the lack of receipt of assessment fees from the South Ridge Subdivision or the expiration of term of the Reimbursement Agreement. The City agrees to extend the term of the Reimbursement Agreement until March 11, 2019, 9. SETTLEMENT WITH HOMEOWNERS. HOA and Kelly agree to seek the approval and execution by all members of the HOA to the Mutual Release Agreement attached hereto as Exhibit A. Settlement and Mutual Release Agreement - 2 45406.0001.6120430.7 This Agreement is contingent on at least three-fourths of the members executing the Mutual Release Agreement. The City agrees to execute the Mutual Release Agreement attached hereto as Exhibit A. 10. TERMINATION OF SEWER AND WATER AGREEMENT. The Amended Bittercreek Meadows Agreement for Sewer and Water Service between the City, JLJ, Bittercreek, LLC and HOA, as amended by the Second Amended Bittercreek Meadows Agreement for Sewer and Water Service (collectively the "Water and Sewer Agreement") is hereby terminated as between HOA and the City, and shall no longer be of any force or effect. 11. PLAINTIFF'S REPRESENTATIONS AND WARRANTIES. Plaintiffs represent and warrant to the City as follows: (a) Authority. HOA is a corporation duly formed and validly existing under the laws of the state of Idaho. Any individuals entering into this Agreement on behalf of HOA have authority to bind HOA. Entering into this Agreement and consummation of the transactions contemplated hereby have been duly authorized by all necessary corporate action and do not violate HOA's articles of incorporation, bylaws or any agreement to which HOA is a party. (b) Transfer. Plaintiffs, individually and collectively, have not assigned or transferred any of its rights, claims or demands of whatsoever kind against the City related to or arising out of the Lawsuit to any other person or entity. (c) Independent Review, Plaintiffs have been advised to consult counsel of their choice, that at the time of the execution of this Agreement, each was represented by counsel of his/its choice and has consulted with or had the opportunity to consult with his/its counsel and has been fully advised concerning the scope and binding, legal effect of this Agreement, the amounts of settlement, and all of the terms, conditions, covenants and other provisions of this Agreement and the fact that this is a legal and enforceable agreement. Plaintiffs acknowledge that they have relied entirely on their own counsel and their own knowledge and assessment of the Lawsuit and of all other circumstances in making this Agreement. Each person subscribing his signature hereto represents that he has personally read and understood all of the terms and provisions of this Agreement in its entirety and that he is authorized to enter into this Agreement on his personal behalf and on behalf of any entity on whose behalf he executes it. 12. THE CITY'S REPRESENTATIONS AND WARRANTIES. The City represents and warrants to PIaintiffs as follows: (a) Authority. The City is a municipal corporation duly formed and validly existing under the laws of the state of Idaho, Any individuals entering into this Agreement on behalf of the City have authority to bind the City, Entering into this Agreement and consummation of the transactions contemplated hereby have been duly authorized by all necessary action and do not violate the City's ordinances or any agreement to which the City is a party. (b) Transfer. The City has not assigned or transferred any of its rights, claims or demands of whatsoever kind against Plaintiffs related to or arising out of the Lawsuit to any other person or entity. (c) Independent Review. The City has been advised to consult counsel of its choice, that at the time of the execution of this Agreement, the City was represented by counsel of its choice and has consulted with or had the opportunity to consult with its counsel and has been fully advised concerning the scope and binding legal effect of this Agreement, the amounts of settlement, and all of the terms, conditions, covenants and other provisions of this Agreement and the fact that this is a legal and Settlement and Mutual Release Agreement - 3 45406.0001.6120430.7 enforceable agreement, The City acknowledges that it has relied entirely on its own counsel and its own knowledge and assessment of the Lawsuit and of all other circumstances in making this Agreement. Each person subscribing his/her signature hereto represents that he/she has personally read and understood all of the terms and provisions of this Agreement in its entirety and that he/she is authorized to enter into this Agreement on on behalf of any entity on whose behalf he/she executes it. 13. MUTUAL RELEASE. Except for performance of this Agreement, Plaintiffs and the City, on behalf of themselves and on behalf of their heirs, administrators, executors, personal representatives, successors and assigns, and on behalf of their past, present and future officers, directors, employees, agents, legal representatives and attorneys, and insurers, do hereby forever release, remise, discharge, and acquit the other (Plaintiffs and each of them release the City, and the City releases Plaintiffs and each of them) and their past, present and future officers, directors, employees, agents, legal representatives and attorneys, and insurers, of and from any and all, in all manner of, actions, causes of action, claims, suits, debts, sums of money, covenants, contracts, controversies, agreements, compromises, variances, rights, damages, losses, costs, legal or other expenses, attorneys' fees, judgments, executions, obligations, claims and demands of any kind whatsoever, whether vested or contingent, in law or in equity, foreseen or unforeseen, suggested or unsuggested, known or unknown, now asserted or not asserted, which any of the opposing parties ever had, shall or may have, as a result of or by reason of or in connection with the Water and Sewer Agreement, the Revised Nullification Agreement and/or the Lawsuit and/or claims or potential claims that each of the parties to this Agreement have or may have been obligated to assert against each other in said Lawsuit. The parties hereto specifically waive the provisions of any law, whether imposed by statute, regulation or otherwise, that a general release does or may not extend to claims that the party does not know or suspect to exist in its favor at the time it gives a release. 14. NO ADMISSION OF LIABILITY. This Agreement made and effected hereby is a compromise and settlement of the claims by and against the opposing parties hereto, and neither this Agreement, any payments made pursuant hereto nor any provisions herein shall be construed as an admission of liability by any party hereto, the same being denied. This Agreement is intended by all parties hereto merely to avoid further litigation and to buy their peace. 15. DISMISSAL OF LAWSUIT. The parties to this Agreement specifically authorize and hereby direct their respective counsel to execute a Stipulation and Order of Dismissal with prejudice in the pending lawsuit referred to above and to file the Stipulation and Order of Dismissal in the court upon the execution of this Agreement. The parties further agree that, in the event either party claims a breach of this Agreement following its execution, the following provisions shall apply to any suit brought by the party claiming a breach of this Agreement: (a) Presiding ,fudge. The parties consent and agree to Judge Lynn Norton, District Judge of the Fourth Judicial District of the State of Idaho, presiding over any action brought by either party for the breach of this Agreement, and that any such suit shall be filed and heard in the Fourth District Court of the State of Idaho, in and for the County of Ada. (b) Scheduling. The Parties hereby agree and consent to the following time limitations being placed upon any action brought by either party for the breach of this Agreement upon the filing of any action for such breach: (i) Upon the filing of such suit, discovery (including, but not limited to, interrogatories, requests for production, requests for admission, subpoenas, depositions, and discovery involving expert witnesses) shall be allowed for no more than four (4) months following the fling of the Settlement and Mutual Release Agreement - 4 45406.0001.6120430.7 answer by the defending party, with all such discovery to be concluded (including responses to written discovery) by the end of the four month period. (ii) All dispositive motions (including motions to dismiss and motions for summary judgment) must be filed and heard no later than sixty (60) days following the conclusion of discovery. (iii) A trial shall be scheduled so as to begin no later than ten (10) months from the date the suit is filed with the court. (iv) No deviation from the time parameters imposed herein shall be allowed except through the stipulation of the parties or by leave of the court with good cause showing. It is the intent of the parties by agreeing to these time limitations that any action for a breach of this Agreement be heard and resolved expeditiously by the court, and that any exception to these time limits should be granted only for reasons that would cause material prejudice to the requesting party if such exception is not granted, and that the requesting party has acted in good faith and has not caused or materially contributed to the situation causing a need for an extension. 16. NO RELEASE OF JLJ, BWSA AND JEWETT. This Agreement shall not compromise, limit or affect the claims Plaintiffs have against JLJ, BWSA and Jewett and Plaintiffs reserve for themselves the full and complete rights to pursue the Lawsuit and claim any and all damages and/or remedies against JLJ, BWSA and Jewett. This Agreement does not release and shall not be construed as a release of JLJ, BWSA and Jewett. 17. NOTICES. All notices given pursuant to this Agreement shall be in writing and shall be given by personal service, by United States mail or by United States express mail or other established express delivery service (such as Federal Express), postage or delivery charge prepaid, return receipt requested, addressed to the appropriate party at the address set forth below. City: City of Meridian 33 E. Broadway Ave. Meridian, Idaho 83642 HOA: Bittercreek Meadows Subdivision Homeowners Association,lnc. 3891 W. Daisy Creek St Meridian, ID 83642 Kelly: Tim Kelly 3891 W. Daisy Creek St Meridian, ID 83642 18. ENT= AGREEMENT. This Agreement and the exhibits attached hereto constitute the entire agreement between the parties. No representations, warranties or promises have been made except those set forth in this Agreement. Any agreement hereafter made shall be ineffective to change, modify or discharge the Agreement in whole or in part unless such agreement is in writing and signed by all of the parties hereto. 19. ATTORNEY FEES. In the event of any suit, act or other proceeding arising under the terms of this Agreement, or in connection with this or any of the provisions of this Agreement, the prevailing party shall be entitled to an award of and to recover reasonable attorney fees set by the court and not by a jury and to an award of and to recover other costs incurred in that suit, action or proceeding, in addition to any other relief to which it may be entitled, including any appeal thereof. Settlement and Mutual Release Agreement - 5 45406.0001.6120430.7 20. COUNTERPARTS. This Agreement may be executed simultaneously in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. Facsimile or electronic transmission of any signed original document shall be the same as delivery of the original. 21. GOVERNING LAW, This Agreement and the rights and obligations of the parties hereto shall be controlled, governed, interpreted and construed according to the laws of the State of Idaho in all respects. 22. HEADINGS AND TITLES. It is understood and agreed that all of the headings and titles, and all of the subheadings and subtitles, are inserted as a matter of convenience and reference only, and in no way define, limit, extend or describe the scope or intent of this Agreement. 23. DRAFTING. The undersigned parties acknowledge that they and their respective counsel are responsible for the drafting of this Agreement, 24. SURVIVAL. The representations, warranties, and covenants set forth in this Agreement shall survive the closing and shall be deemed to be material and to have been relied upon by all parties, 25. CONTINGENCY. Notwithstanding execution of this Agreement by Plaintiffs, Plaintiffs' obligations under this Agreement are contingent upon the JLJ, BWSA, Jewett and Renascence, LLC agreeing to dismiss the Lawsuit on terms and conditions acceptable to PIaintiffs. [Signature Page(s) Follow] Settlement and Mutual Release Agreement - 6 45406.0001.6120430.7 Tim Kelly Date: Attest: Deputy City Clerk Settlement and Mutual Release Agreement - 7 Bittercreek Meadows Subdivision Homeowners Association, Inc. so Rob McCarvel, President Date: City of Meridian: Date: Tammy de Weerd, Mayor 45406.0001.6120430.7 EXHIBIT A MUTUAL RELEASE AGREEMENT This Mutual Release Agreement ("Release Agreement") is made by and between the individual homeowners who execute this Agreement below and the City of Meridian ("City"). 1. BACKGROUND. Bitterereek Meadows Subdivision Homeowners Association, Inc. ("HOA") and Tim Kelly ("Kelly") commenced an action in the District Count for the Fourth Judicial District of the State of Idaho, in and for the County of Ada, case number CV -OC -12-05319 (the "Lawsuit") against the City, Renascence Properties, LLC ("Renascence"), JLJ Enterprises, Inc. ("JLJ"), Bittercreek Meadows Water & Sewer Users Association, Inc. ("BWSA") and James L. Jewett ("Jewett"). The HOA and Kelly (collectively "Plaintiffs") desire to compromise and settle the Lawsuit, as between Plaintiffs and the City, to settle any and all claims and disputes existing between Plaintiffs and the City and to mutually release each other, all according to the provisions of a Settlement and Mutual Release Agreement between Plaintiffs and the City (the "Settlement Agreement"). The Settlement Agreement is contingent on the members of the HOA executing this Release Agreement, 2. HOMEOWNERS. Each homeowner listed below is individually referred to as a "Homeowner" in this Release Agreement and collectively as the "Homeowners". Each Homeowner is independently entering into this Release Agreement, separate and apart from each and every other Homeowner, as though each Homeowner signed a separate agreement with the City. The liability of each Homeowner under this Release Agreement is several and no Homeowner shall be liable for any breach or alleged breach of this Release Agreement caused by or related to any other Homeowner. Any Homeowner, acting alone, may enforce the terms of this Release Agreement. 3. HOMEOWNER REPRESENTATIONS AND WARRANTIES. Each Homeowner represents and warrants to the City as follows: (a) Authority. Any individuals entering into this Release Agreement on behalf of each Homeowner have authority to bind the Homeowner. Entering into this Release Agreement and consummation of the transactions contemplated hereby have been duly authorized by all necessary actions and do not violate any agreement to which the Homeowner is a party. (b) Transfer. Homeowner has not assigned or transferred any of its rights, claims or demands of whatsoever kind against the City related to or arising out of the Lawsuit to any other person or entity. (c) Independent Review, Homeowner has been advised to consult counsel of their choice, that at the time of the execution of this Release Agreement, Homeowner was represented by counsel of her/his/its choice or has elected not to be represented and has consulted with or had the opportunity to consult with her/his/its counsel and has been fully advised concerning the scope and binding legal effect of this Release Agreement, the amounts of settlement, and all of the terms, conditions, covenants and other provisions of this Release Agreement and the fact that this is a legal and enforceable agreement. Homeowner acknowledges that he/she/it has relied entirely on his/her/its own counsel and his/her/its own knowledge and assessment of the Lawsuit and of all other circumstances in making this Release Agreement. Each person subscribing his/her signature hereto represents that he/she has personally read and understood all of the terms and provisions of this Release Agreement in its entirety and that he/she is authorized to enter into this Release Agreement on his/her personal behalf and on behalf of any entity on whose behalf he/she executes it. Settlement and Mutual Release Agreement - 8 45406.0001.6120430.7 4. THE CITY'S REPRESENTATIONS AND 'WARRANTIES. The City represents and warrants to Homeowners as follows: (a) Authority. The City is a municipal corporation duly formed and validly existing under the laws of the state of Idaho. Any individuals entering into this Agreement on behalf of the City have authority to bind the City. Entering into this Agreement and consummation of the transactions contemplated hereby have been duly authorized by all necessary action and do not violate the City's ordinances or any agreement to which the City is a party. (b) Transfer. The City has not assigned or transferred any of its rights, claims or demands of whatsoever kind against Homeowners related to or arising out of the Lawsuit to any other person or entity. (e) Independent Review. The City has been advised to consult counsel of its choice, that at the time of the execution of this Agreement, the City was represented by counsel of its choice and has consulted with or had the opportunity to consult with its counsel and has been fully advised concerning the scope and binding legal effect of this Agreement, the amounts of settlement, and all of the terms, conditions, covenants and other provisions of this Agreement and the fact that this is a legal and enforceable agreement. The City acknowledges that it has relied entirely on its own counsel and its own knowledge and assessment of the Lawsuit and of all other circumstances in making this Agreement. Each person subscribing his/her signature hereto represents that lie/she has personally read and understood all of the terms and provisions of this Agreement in its entirety and that he/she is authorized to enter into this Agreement on on behalf of any entity on whose behalf he/she executes it. S. MUTUAL RELEASE. Homeowners and the City, on behalf of themselves and on behalf of their heirs, administrators, executors, personal representatives, successors and assigns, and on behalf of their past, present and future officers, directors, employees, agents, legal representatives and attorneys, affiliates, subsidiaries, partners, and insurers, do hereby forever release, remise, discharge, and acquit, the opposing parties (Homeowners and each of them release the City, and the City releases Homeowners and each of them) to this Release Agreement and their past, present and future officers, directors, employees, agents, legal representatives and attorneys, affiliates, subsidiaries, partners, and insurers, of and from any and all, in all manner of, actions, causes of action, claims, suits, debts, sums of money, covenants, contracts, controversies, agreements, compromises, variances, rights, damages, losses, costs, legal or other expenses, attorneys' fees, judgments, executions, obligations, claims and demands of any kind whatsoever, whether vested or contingent, in Iaw or in equity, foreseen or unforeseen, suggested or unsuggested, known or unknown, now asserted or not asserted, which any of the opposing parties ever had, shall or may have, as a result of or by reason of or in connection with the Water and Sewer Agreement, the Revised Nullification Agreement and/or the Lawsuit and/or claims or potential claims that each of the parties to this Agreement have or may have been obligated to assert against each other in said Lawsuit. The parties hereto specifically waive the provisions of any law, whether imposed by statute, regulation or otherwise, that a general release does or may not extend to claims that the party does not know or suspect to exist in its favor at the time it gives a release. 6. NO ADMISSION OF LIABILITY. This Release Agreement made and effected hereby is a compromise and settlement of the claims by and against the opposing parties hereto, and neither this Release Agreement nor any provisions herein shall be construed as an admission of liability by any party hereto, the same being denied. This Release Agreement is intended by all parties hereto merely to avoid further litigation and to buy their peace. Settlement and Mutual Release Agreement - 9 45406.0001 ,6120430, 7 7. NO RELEASE OF JLJ, BWSA AND JEWETT. This Agreement shall not compromise, limit or affect the claims Homeowners have or may have against JLJ, BWSA and Jewett and Homeowners reserve for themselves the full and complete rights to pursue the Lawsuit and claim any and all damages and/or remedies against JLJ, BWSA and Jewett. This Agreement does not release and shall not be construed as a release of JLJ, BWSA and Jewett. S. ENTIRE AGREEMENT. This Release Agreement and the exhibits attached hereto constitute the entire agreement between the parties. No representations, warranties or promises have been made except those set forth in this Release Agreement. Any agreement hereafter made shall be ineffective to change, modify or discharge this Release Agreement in whole or in part unless such agreement is in writing and signed by all of the parties hereto. 9. ATTORNEY FEES. In the event of any suit, act or other proceeding arising under the terms of this Release Agreement, or in connection with this or any of the provisions of this Release Agreement, the prevailing party shall be entitled to an award of and to recover reasonable attorney fees set by the court and not by a jury and to an award of and to recover other costs incurred in that suit, action or proceeding, in addition to any other relief to which it may be entitled, including any appeal thereof 10. COUNTERPARTS. This Release Agreement may be executed simultaneously in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. Facsimile or electronic transmission of any signed original document shall be the same as delivery of the original. 11. GOVERNING LAW. This Release Agreement and the rights and obligations of the parties hereto shall be controlled, governed, interpreted and construed according to the laws of the State of Idaho in all respects. 12. HEADINGS AND TITLES. It is understood and agreed that all of the headings and titles, and all of the subheadings and subtitles, are inserted as a matter of convenience and reference only, and in no way define, limit, extend or describe the scope or intent of this Release Agreement. 13. SURVIVAL. The representations, warranties, and covenants set forth in this Release Agreement shall survive the closing and shall be deemed to be material and to have been relied upon by all parties. City of Meridian: Tammy de Weerd, Mayor Date: [Homeowner Signature Page(s) Follow] Settlement and Mutual Release Agreement - 10 A-1 - LOT 1 Lance Beeson Donna Beeson LOT 3 Nathon Argon Sonny Argon LOT 5 Chris Satchwell April Satchwell LOT 8 Paul Orlando Caryn Orlando LOT 10 Aaron Whitman Janice Whitman LOT 12 Greg Gould LOT 14 Settlement and Mutual Release Agreement - 11 LOT Troy Larsen Suzy Larsen LOT 4 John Hobson Marianne Saunders LOT 6 Dan Cheney Tonya Cheney LOT 9 Jenifer Brown Tony Brown LOT 11 Spencer Hill Sara Hill LOT 13 Kevin Wittmuss Amy Witt miss LOT 16 45406.0001.6 120410 7 Amber Cullum Mike Cullum LOT 17 Brett Webb Alex Webb LOT 19 Sabrina Wilson Shawn Wilson�� LOT 21 BANK OF THE WEST By: Name: Its: LOT 23 Kelly Adams Sue Adams LOT 25 Les Oliver Suzi Oliver Settlement and Mutual Release Agreement - 12 Chris Wells Katie Wells LOT 18 Jeff Obenchain Jenny Obenchain LOT 20 Jared Papa Holl Py apa LOT 22 Erik Richardson Maggie Richardson LOT 24 Tim Kelly Susan Kelly LOT 26 Rhonda McCarvel Rob McCarvel DATE: • 2014 Items Moved From Consent Agenda ►►il44111P[rl,11[oll9 Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS D ;► • 2014 PROJECT ITEM TITLE: WHITEBARK SUBDIVISION NO. Continued from April 15, 2014: FP 14-015 Whitebark Subdivision No. 1 by T&M Holdings Located 2135 E. Amity Road Request: Final Plat Consisting of Twenty -Nine (29) Building Lots and Five (5) Common Lots on 10.54 Acres of Land in an R-4 Zoning Districts MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS DATE: May 6, 2014 IT : 7 PROJECT1-019 ITEM TITLE: CHESTERFIELD NO. 3 FP 14-019 Chesterfield No. 3 by Northside Management Located South of W. Pine Avenue Between N. Black Cat Road and N. Ten Mile Road Request: Final Plat Approval Consisting of Forty -Eight (48) Residential Lots on 7.42 Acres of Land in the R-8 Zoning District MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS UMZMEM�•��WII D • , 2014 ITEM NUMBER: 7C Public Hearing: TEC 14-005 Browning Plaza Subdivision by SLN Planning/Boise Waltman, LLC Located South Side of W. Waltman Lane and North Side of 1-84, West of S. Meridian Road Request: Two (2) Year Time Extension on the Preliminary Plat in Order to Obtain the City Engineer's Signature on a Final Plat MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS PUBLIC HEARING SIGN-UP SHEET DATE May 6, 2014 IT -,;P i_ ..I 1 11 11111111 111111pJ1111111 1111111111 •11111111111111111• • DATE: • NUMBER:, 2014 ITEM M-ENIMPT1111-71N 1711 1 NU -1 I11 ITEM TITLE: TEN MILE CENTER Public Hearing: AZ 14-001 Ten Mile Center by Treasure Valley Investments, LLC Located South of W. Franklin Road on the East Side of S. Ten Mile Road Request: Annexation and Zoning of 120.69 Acres of Land with the R-8 (13.23 Acres), TN -C (26.11 Acres) and C -G (81.35 Acres) Zoning Districts MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS May 6, 2014 Meridian City Council 33 E. Broadway Meridian, ID 83642 Re: AZ-14-001—Ten Mile Center Dear Councilmembers: First and foremost I want to express my opposition to this project. I object to both the zoning that is being planned and the connection to the project through the Primrose Subdivision. It almost appears that the City of Meridian is in competition with Boise. Boise was the main hub in the Treasure Valley. It has a large downtown metro area. Meridian has a small downtown but is growing through urban sprawl. Most people that live in Meridian did so because it was less urban and had a sense of community. When I moved here 18 years ago it also had a better education system than Boise. The residents that live in the Primrose Subdivision moved there for the rural lifestyle. This plan will completely alter the lifestyle in the Primrose Subdivision. We will have a monstrous commercial and urban area right at our doorsteps. I have found over the years that these different plans for growth seem to foster a lack of critical thinking about the consequences and the impact it will have on the community. The planning also does not seem to hear or accept input from the people of the community. The applicant, Treasure Valley Investments, LLC, stated at the P&Z Meeting on March 20'h that this project has the potential of being the largest commercial hub between Salt Lake City, UT, and Portland, OR. Was that supposed to be a selling point? That is the last thing we want in our backyards, especially being that we are a rural community. Here are a couple of examples of there being a deficiency in planning. 1. The Eagle Road and Fairview Ave. has statistically been the most dangerous intersection in the valley. The traffic congestion is terrible along the whole corridor. The new plan to fix that was to build The Village at that intersection and create more traffic. With poorly timed traffic signals the congestion is worse. 2. Closer to home was the building of the Peregrine Elementary School. The traffic impact was totally miscalculated. A majority of children that live close enough to be in the walking zone do not walk. Their parents drop them off and pick them up. I can't get out of my driveway when school is starting or ending. The traffic was so bad, in fact, that the outbound traffic had to be rerouted to go around the block and exit out on Verbena Dr. The school now effects the entire subdivision. What impact I believe will happen from the Ten Mile Center Project as proposed. Education With the TN -R there will be an excess of students that will be flooded into the Meridian School District creating an overcrowding situation. Idaho already ranks 2nd from the bottom nationally in education according to studies. No one seems to be addressing how to fix that. Adding more students will just exacerbate the problem. Safety With the proposed access through the Primrose Subdivision to the Ten Mile Center traffic will increase drastically on Waltman St., Verbena Dr., and Lilac St. Residents from the east side of Linder will shortcut through to whatever retail establishments end up in the Ten Mile Center as well as using it to access the Ten Mile interchange. All this traffic will go in front of the Peregrine Elementary School. This is an accident waiting to happen. Crime The Primrose Subdivision has been a relatively isolated community. It has been quiet with no criminal activity. The addition of vehicle trips and high density housing so close by will inevitably change that for the worse. This will be compounded by opening up access on Waltman and Lilac as through streets. Economy The plan as shown is very vague. It does not stipulate exactly what is going in and where. I have been led to believe that there will be large retail stores being part of this project. We were told to think "The Village." I'm sorry, but I think The Village is an eyesore. It does not fit with what Meridian has been. I also wonder how many shopping areas are needed in this city. Everything that gets built gives people another place to spend money. There is no emphasis on places where people can make money. Retail jobs are all low paying positions. We need companies that offer a decent wage scale. In summary, I understand that this property was going to develop. I am opposed to how it is being handled and how it appears that the city is going through the motions of hearing our concerns but that the wheels are already in motion for it to go as presented. The people do not appreciate being patronized and led to believe that they actually have a voice in the decision making process when they in essence have no voice. You have elected positions and you can show your sincerity in actually hearing what we have to say and giving it serious consideration before rendering you decision. Thank you. Richard and Sandra Telliho 1885 Waltman Street Meridian, ID 83642 Good Evening, May 6, 2014 My name is Christine Lambing. We reside at 860 Lilac St. in the Primrose Subdivision on the corner of Waltman & Lilac. This neighborhood is comprised of acre lots with single family dwellings, outbuildings, livestock, horses, farm animals and irrigation, room for children and grandchildren to safely play. We have wells that provide the best water. We bought this property because of the rural qualities, as did our neighbors. An acre of land with a home is not cheap, and for us, a lifetime investment. This brings me to the points I wish to address. Not everyone wants all of the Meridian area to grow at the rate it is and has been of late. We are a rural area in Ada County that is being encroached upon by the city. We all know growth is inevitable and it has been made very clear to us this development is going to happen regardless. We are however, vehemently opposed to the way it is happening and to the multitude of serious negative impacts it is going to have on our way of life. Including, but by no means limited to, loss of well water, crime ( which we currently have very little of), traffic and road issues, overcrowding of Peregrine Elementary school, and the loss of some of our property so someone else can make more money. I am also seriously insulted by the complete lack of regard we as a neighborhood have been shown to date. The "going through the motions" if you will... The proposed zoning adjacent to the Primrose Subdivision is, in our opinion, unacceptable. You want to mix a residency plan that is too high in density with our existing low density neighborhood. We have yet to be presented with clear intent as to the actual number of dwellings proposed but have been given ambiguous responses instead, all indicating an altogether "too high" density plan. We have heard the planning "phrases" repeatedly yet we fail to see to correlation on the planning map. On your web site I found the following: Compatibility: The appearance of different land uses, development contexts, or building types existing together in harmony, without conflict with respect to site, architecture, and landscape design. Response: There is no harmony in the proposed TN -R & TN -C adjacent to the Primrose Subdivision. Getting what you want: (From handout ) Please keep in mind that you may not be able to do EXACTLY what you have intended. We know this can be frustrating, but we will get you as close as possible working within City codes and policies. If you help us to understand your needs, we can be pretty creative with brainstorming workable solutions. Response: We feel there is no consideration being given to the residents of the Primrose Subdivision and our neighbors. And these abbreviated from the Design Manual Compliance: Residential design guidelines: See attached/highlighted: The list and guidelines go on... where's the compliance??? We are requesting the property under review for development, adjacent to the Primrose Subdivision be designated R-1 to better keep in line with our long- standing and existing neighborhood. We are opposed to the current proposal of TN -C and/or TN -R for said property. Thank you, ristine Lambing Planning Department DESIGN REVIEW Design Manual Compliance Project name: File 4h Applicant/agent: 1.0 Site Character 0 Objective: To encourage attractive, livable residential developments and neighborhoods that are integrated and compatible with adjacent uses. Y N N/A Design Guidelines' Comments2 Staff E-1.1.3.1. Residential developments should establish appropriate orientations to surrounding uses... E-1.1.3.1.1. Develop a concept plan to demonstrate compatibility with adjacent uses and the... E-1.1.3.1.2. Where appropriate, coordinate with adjacent uses, including single project phases, to... E-1.1.3.1.3. Avoid piecemeal and fragmented development that detracts from the establishment of... E-1.1.3.1.4. Residential developments should create a pleasant, comfortable, and safe place to live that is.. E-1.1.3.2. Residential developments are encouraged to provide a mix of housing types to promote... E-1.1.3.2.1. Where appropriate, use this mix to provide transitions in scale between higher -density and... E-1.1.3.3. Anticipate the addition of future transit systems to the transportation network and plan for... E-1.1.3.3.1. Coordinate routes, placement of facilities, and infrastructure improvements with the... E-1.1.3.4 s Where appropriate, incorporate and enhance significant natural features as site amenities and/or.... E-1.1.3.5. Appropriately address the critical issues of site layout that influence a compatible and integrated... I See corresponding item in the Design Manual for full tett. 2 Insert comments or explanations relevant to the projects compliance or rron-compliance. 3 Incorporating this guideline iiia), help offset rton-compliance ivith other guidelines. 33 E. Broadway Ave. ® Meridian, Idaho 83642 Phone: (208) 884-5533 e Facsimile: (208) 888-6854 ® Website: www.meridiancity.org 12/4/08) developments off major roadways, including... Y , g..... E-1.2.3.1.1. Provide vehicular access from secondary roadways for sites adjacent to major roadways... E-1.2.3.1.2. Limit street connections on arterial roadways to strategic locations, such as residential... E-1.2.3.2. Residential developments should establish an appropriate street network, roadway system, or... E-1.2.3.2.1. Provide safe and attractive connections within and between developments and adjoining... E-1.2.3.2.2. Residential developments should connect with adjacent existing or planned developments and... E-1.2.3.2.3. Coordinate and design connections to adjacent residential and non-residential... E-1.2.3.2.4. Residential development entryways should align across primary roadways to form controlled... E-1.2.3.2.5.3 Attractive well-designed and integrated entryways that express is sense of arrival are... E-1.2.3.2.6. Integrate pedestrian routes with site circulation patterns that converge on development... E-1.2.3.2.7. Incorporate and coordinate connections through buffers and other barriers that would... E-1.2.3.3. Plan for access and connectivity to future transit facilities, including, but not limited to... E-1.2.3.3.1. Coordinate with the appropriate agencies and organizations to ensure successful integration of... E-1.2.3.3.2.3 Provide appropriate pedestrian connections from adjacent use, common spaces, and... 2 See corresponding item in the Design Mannal for full text. z Insert comments or explanations relevant to the projects compliance or norr-compliar:ce. 3 Inco'porating this guideline may help offset non-compliance With other guidelines. 33 E. Broadway Ave. ® Meridian, Idaho 83642 Phone: (208) 884-5533 0 Facsimile: (208) 888-6854 0 Website: www.meridiancity.org Meridian City Council Annexation and Zoning Meeting: R-8, 13.23 Acres TN -C, 14.34 Acres TN -R, 11.76 Acres C-6 81.35 Acres Good Evening City Council Members: f May 6, 2014 F: a x. I want to thank you for this opportunity to express my concerns/issues. My name is Stephen Davenport. I have lived at 915 Lilac Street, Meridian, Idaho for 36 years, longer than most currently living in the Primrose Subdivision and on Lilac Street. Lilac Street runs North and South and presently, is under consideration as an access route to the Ten Mile Interchange. I have witnessed much development and/or changes over the years. I remember when most of the land around the Prim Rose Subdivision was farmland and is now slowly being redeveloped. Land east of Linder Road was the first to be developed. Residents in this new area wanted to open upper Waltman Road, which was a dead end, as an access to Meridian Road and the 1-5 Freeway. Residents living on Upper Waltman objected to the idea fearing excessive traffic would impact negatively and border on "Encroachment." They petitioned the City not to "honor" this request. The City responded positively and upper Waltman remains a dead-end and closed to East Linder residents. Needless to say, Upper Waltman Property owners were pleased with the City's decision, one of whom is a close friend of mine. Now it is my understanding a similar situation is occurring with the development of the Ten Mile Center. If the plan goes through it will allow residents East of Linder access through the Primrose subdivision to reach the Ten Mile Interchange. In my opinion, to redirect existing traffic through Lower Waltman, Verbena and Lilac Streets will create an excess. This is an encroachment and will impact negatively. Are the 60+ residents of the Primrose subdivision any less deserving that the ten residences domiciled on Upper Waltman Street? (I repeat) Widening Verbena and Lilac Streets will, naturally create excess traffic and in my opinion pose a problem for bicyclist as well as neighbors who enjoy taking long walks though these streets. Except for Peregrine Elementary, There are no sidewalks. Widening Lilac Street will also interfere with existing 'private wells', not to mention the large irrigation ditch running east and west and paralleling Verbena. I am not opposed to the Development but I am opposed to the Zoning changes, namely TN -C and TN -R. It makes more sense, however, not to redirect traffic through the Subdivision but to continue utilizing Linder and Franklin Roads as an access to the Ten Mile Interchange Linder and Franklin Roads are not impacted negatively. I would encourage the Council to follow the City's Future Land Use Plan and keep the 30.4 acres a Medium Density Residential area to reduce traffic on Lilac and Waltman. In conclusion, I hope Meridian City Council members, this evening, will listen carefully to these property owners in attendance and do what is best in the interest of "fairness." Please, do not let this meeting become an exercise in futility or placation. Our time is valuable, too. Thank You �lj CITY OF MERIDIAN CITY COUNCIL *UBLIC HEARING SIGN-UP SHEET Ai it PLEASE PRINT NAME FOR AGAINST NEUTRAL 6 CIA i -o k e' s' y " Z� w /fVA_ fr r tir s / CITY OF MERIDIAN CITY COUNCIL SWEET"'UBLIC HEARING SIGN-UP l ®ATE May 6, 2014 ITEM # PROJECT-- AZ 14-001 PROJECT NAME Ten Mile Center PLEASE P INT NAME FOR AGAINST NEUTRAL] v c aQ�6ki4 - rr �F t G'Ut s f F r � ,. _. � �y � ✓•Yr`� fwd c'''" � ^v' F w f B' , • •NUME0=0 DATE: May • 2014 Tr •' - I Pel Public Hearing: PP 14-004 Biltmore Subdivision by L.C. Development, Inc. Located South of W. Victory Road and West of S. Meridian Road Request: Preliminary Plat Approval Consisting of 159 Single Family Residential Building Lots and Twelve (12) Common/Other Lots on 56.19 Acres of Land in an R-4 Zoning District MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS DATE: May 6, 2014 ITEM N $A PROJECTNUMBER: ITEM TITLE: PUBLIC WORKS BUDGET AMENDMENT FY 2014 Public Works Department: Budget Amendment for FY2014 in the Amount of $175,000.00 for Waterline Extensions MEETING NOTES )�P_ ;,a 1et< Community Item/Presentations Presenter Contact Info./Notes y DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS TO: Mayor Tammy de Weerd Members of the City Council FROM: Kyle Radek, Assistant City Engineer DATE: April 22, 2014 11 R-101NEW6111 11 F, 11 Itm t'01 N F 10, IN AN 11101 01 A. Move to: 1. Approve the FY2014 Budget Amendment for $175,000; and 2. Authorize the Mayor to sign the amendment. Kyle Radek, Assist City Engineer 489-0343 Warren Stewart, PW Engineering Manager 489-0350 Tom Barry, Director of Public Works 489-0372 III. DESCRIPTION A. Background Mayor Tammy de Weerd City Council a er$e Keith Bird Joe Borton Luixe Cavener Genesis Milam Charles Rountree David Zoremba The Public Works Department programs waterline extension projects yearly according to distribution system needs. Construction costs for the 2014 Locust Grove Waterline Extension and Waterline Extension improvements associated with the ACHD Ustick, Locust Grove to Leslie Project are higher than anticipated when the 2014 budget was requested and have needed to access Rmds intended to construct the Waltman Street Waterline Extension Project. This Page I of 3 budget amendment is being requested to provide the funding needed to construct the Waltman Street Waterline Extension Project in FY14 as planned. Additionally, Public Works has been engaged in pre -design work to plan for the extension of water main in Locust Grove from Blackrock Subdivision to Reflection Ridge Subdivision. Construction is planned in FY 15. Because this project will run through a county subdivision, Public Works is planning more public outreach than a typical project. It is also likely that other challenges will be found during design. For these reasons, Public Works is requesting funds to move the design into the current fiscal year to ensure the project is ready for construction in FY 15. B. Proposed Project The projects to be funded by this proposed budget amendment are the construction of the Waltman Street Waterline Extension, and the Design of the Locust Grove, Blackrock to Reflection Ridge Waterline Extension. IV. IMPACT A. Strategic Impact: These projects support the Public Works objectives of providing uninterrupted water supply and fire suppression, providing ample water supply to our customers, improve water quality, and meeting regulatory requirements. B. Service/Delivery Impact: Both of these projects will complete loops in the distribution system which will improve water quality, fire suppression capability and redundancy, and allow for more flexibility in system operation. C. Fiscal Impact: Budget Existing FY14 Waterline Extensions Budget including carry forward to complete the following projects: $707,151 Well 24 Flush Line • ACHD, Franklin, Ten Mile to Linder • ACHD, Ten Mile, Cherry to Ustick • ACHD, Intersection Ustick and Meridian ® ACHD, Franklin, Black Cat to Ten Mile • ACHD, Intersection Ten Mile and Ustick ® ACHD, Ustick, Locust Grove to Leslie ® ACHD Int Franklin & Black Cat Budget Amendment for additional funding needed $175,000 Page 2 of 3 ® Waltman Street Waterline Extension ® Locust Grove, Blackrock to Reflection Ridge Waterline Extension Total Funding (FY 14) V. LIST OF ATTACHMENTS A. Budget amendment form Approved for Council Agenda: Page 3 of 3 $882,151 Date 3a®C C @ W N W vs (CD Q. r n m m N ? (�D C® 3 m (o pLrlCD �p n CD 3 (A 9f c (p n o * ® Q N O O N (n 1 1 (D M Q G ® (D 0 H (D• rDD vi Q (D CL O — ^h r+ 0 Oq - q .3 ID F3* O -Q 3 O :Q (p irynD ® O (D ) N rD e� N =' �• �• rD .Q 1 1 NR I N 0 .Q C N UI rD O 0 R � ® 0- m ® n N (D (SD m '�/ (D ii11 ®� n Q 3 (� D a� Qi e® O cn 3 W 0 (D O (D '_I B (D Q tD ¢1 O O "n* G� C CD C Cr ^h U® N O V O j •Or 0 � (D O (D OQ (D _. rr - (D ® Q n (D '0 a * ;:a -h OrD rD M 3 (D V O O —v 27 9 (D (D Q r+ (D (D fl1 iO rD N N rt N 3 N r� .O -:3 : �n. g_ # -P = (n S O" L$ ® O' j Q (9 r+ N 'EA CD ,n} O O ON ry�ry�� (D CD -4, 3 m = rD Q CL O (D O rD 9 (O O w4 O 7 0 X �. 8 (D (() QN rt r0 7 O N N =sO R ® a1 n a: Q o ti? 7 VfD _ N ®(D ® 0 O° (D O N � Q _ NDi Q � 1 rP O ® 3 3 rt S rD O o m D R ® -h O �I 0• O ®h S & 2 R O•�• Q Q Q ^ m (ffi y n n j3 Q 3 I 1 N G O° 8• fll i :3 O C P. O C O "s QrD r o .� (n (D (D -n OL) g 0 (A (® IM � (D n n G) 2 (D (D S (D 0 N p `� o m o �' (D ® _n _O Q (D (D O O (D O rr Pz `-P.' O T 07 --� mom CD ' N 7 !D Q Q v CD R n± (D rD 'p (D �. �. cr rD m N (D = _< O (D (D d n \. (D r -L p (D rD o a CD 7C (D n0 C N p a O M (D O c C 0 o � s O9 pOj � 3 S (D rD N 0 S N d 3 � n (D I N -< '0. CD R o o K 9 o 3 v CD CD rD rD rD R n �i * O �e DO 7 (D N r O 3 n} OrD (D W 0 cu / a S � 0 \k o B 7% \ / q CL t° CL _] k< (D k'< ƒ3 m ] \k 20 Q 0 A\ F2 O / 0 5.1 m \/ [ \ 7 / \ `°\�\\CD \$Eƒ\®@ 2&7$m\ f±C/\ / R. 3 // //\ gJ�§4= &$/J7 o»a 0ID \ C—) \C, 0<E=9 eeCD_ &]§ /R>zEJ \®aoa0 ° ° ° - / E ®CL to 3CD2/ƒ/ 'D + (D 0 & 2\a@ D ƒ / f \ / 7\// 0±®g CL \ \ / o k k DATE: May • 1 ITEM • PROJECT NUMBER: ITEM TITLE: WALTMAN STREET WATERLINE EXTENSION AWARD OF Approval of Award of Bid and Agreement to Paul Construction for the "Waltman Street Waterline Extension - Construction" project for a Not -To -Exceed amount of $74,770.00 Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS �1L12� 11_l•: To: Jaycee L. Holman, City Clerk, From: Keith Watts, Purchasing Manager C: Jacy Jones, Kyle Radek, Ashley Newbry Date: 5/1/2014 Re: May 6th City Council Meeting Agenda Item The Purchasing Department respectfully requests that the following item be placed on the May 6, 2014 City Council Department Report (after Item C) for Council's consideration. Approval of Award of Bid and Agreement to Paul Construction for the "Waltman _Street Waterline Extension - Construction" proiect for a Not -To -Exceed amount of $74,770.00. Recommended Council Action: Approval of Award of Bid and Agreement to Paul Construction for the Not -To -Exceed amount of $74,770.00. Thank you for your consideration. 0 Page 1 CITY OF MERIDIAN CONTRACT/AGENDA REQUEST CHECKLIST Date: 1/13/2014 REQUESTING DEPARTMENT Public Works Fund: 60 Department: 3490 GL Account: 96140 Project # 10372.b Construction: x PSA: Task Order: Project Name: WALTMAN ST WATERLINE EXTENSION Project Manager: Ashley Newbry Contractor/Consultant/Design Engineer: Budget Available (Attach Report): *Budget amendment 4/15/14 Agenda Will the project cross fiscal years? Yes No Department, Representative: Paul Construction / Riedesel Engineering Contract Amount: $74,770.00 x Budget Information: FY Budget: FY14 Enhancement #: Grant #: Other: Type of Grant: CONTRACT CHECKLIST BASIS OF AWARD Low Bidder x Highest Rated Master Agreement (Bid Results Attached) yes (Ratings Attached) (Category) Typical Award Yes x No Bid No: PW -14-10372.b Bid Opening Date: 4/8/2014 If no please state circumstances and conclusion: 10 Day Waiting Period Complete: April 18, 2014 Date Award Posted: April 8, 2014 PW License # C -10495 -AA Current? (attach print out) yes Correct Category? Corporation Status (Attach Print Out): Goodstanding Insurance Certificates Received (Date): April 25, 2014 Rating: A+ Payment and Performance Bonds Received (Date): April 25, 2014 Rating: A+ Builders Risk Ins. Req'd: Yes No x If yes, has policy been purchased? Date Submitted to Clerk for Agenda: May 1, 2014 Approved by Council Issue Purchase Order No, Date Issued: WI -15 submitted Issue Notice of Award: Date: NTP Date: THISAGREEMENTE INDEPENDENT C NT ACT SERVICES is made this 6th day of May, 2014, and entered into by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho, hereinafter referred to as "CITY", 33 East Broadway Avenue, Meridian, Idaho 83642, and Paul Construction, Inc, hereinafter referred to as "CONTRACTOR", whose business address is P O Box 1117, Meridian, ID 83680 and whose Public Works Contractor License # is C -10495 -AA -4. Whereas, the City has a need for services involving W. WALTMAN STREET WATERLINE REPLACEMENT; and WHEREAS, the Contractor is specially trained, experienced and competent to perform and has agreed to provide such services; NOW, THEREFORE, in consideration of the mutual promises, covenants, terms and conditions hereinafter contained, the parties agree as follows: 1.1 CONTRACTOR shall perform and furnish to the City upon execution of this Agreement and receipt of the City's written notice to proceed, all services and work, and comply in all respects, as specified in the document titled "Scope of Work" a copy of which is attached hereto as Attachment "A" and incorporated herein by this reference, together with any amendments that may be agreed to in writing by the parties. 1.2 All documents, drawings and written work product prepared or produced by the Contractor under this Agreement, including without limitation electronic data files, are the property of the Contractor; provided, however, the City shall have the right to reproduce, publish and use all such work, or any part thereof, in any manner and for any purposes whatsoever and to authorize others to do so. If any such work is copyrightable, the Contractor may copyright the same, except that, as to any work which is copyrighted by the Contractor, the City reserves a royalty -free, non-exclusive, and irrevocable license to reproduce, publish and use such work, or any part thereof, and to authorize others to do so. 1.3 The Contractor shall provide services and work under this Agreement consistent with the requirements and standards established by applicable federal, state and city laws, ordinances, regulations and resolutions. The Contractor W. WALTMAN STREET WATERLINE REPLACEMENT page 1 of 11 Project 10372.b represents and warrants that it will perform its work in accordance with generally accepted industry standards and practices for the profession or professions that are used in performance of this Agreement and that are in effect at the time of performance of this Agreement. Except for that representation and any representations made or contained in any proposal submitted by the Contractor and any reports or opinions prepared or issued as part of the work performed by the Contractor under this Agreement, Contractor makes no other warranties, either express or implied, as part of this Agreement. 1.4 Services and work provided by the Contractor at the City's request under this Agreement will be performed in a timely manner in accordance with a Schedule of Work, which the parties hereto shall agree to. The Schedule of Work may be revised from time to time upon mutual written consent of the parties. 2.1 The Contractor shall be compensated on a Not -To -Exceed basis as provided in Attachment B "Payment Schedule" attached hereto and by reference made a part hereof for the Not -To -Exceed amount of JZ4J70.00 2.2 The Contractor shall provide the City with a monthly statement and supporting invoices, as the work warrants, of fees earned and costs incurred for services provided during the billing period, which the City will pay within 30 days of receipt of a correct invoice and approval by the City. The City will not withhold any Federal or State income taxes or Social Security Tax from any payment made by City to Contractor under the terms and conditions of this Agreement. Payment of all taxes and other assessments on such sums is the sole responsibility of Contractor. 2.3 Except as expressly provided in this Agreement, Contractor shall not be entitled to receive from the City any additional consideration, compensation, salary, wages, or other type of remuneration for services rendered under this Agreement including, but not limited to, meals, lodging, transportation, drawings, renderings or mockups. Specifically, Contractor shall not be entitled by virtue of this Agreement to consideration in the form of overtime, health insurance benefits, retirement benefits, paid holidays or other paid leaves of absence of any type or kind whatsoever. 3. Term: 3.1 This agreement shall become effective upon execution by both parties, and shall expire upon (a) completion of the agreed upon work, (b) or unless sooner terminated as provided in Sections 3.2, 3.3, and Section 4 below or unless some other method or time of termination is listed in Attachment A. 3.2 Should Contractor default in the performance of this Agreement or materially breach any of its provisions, City, at City's option, may terminate this Agreement by giving written notification to Contractor. W. WALTMAN STREET WATERLINE REPLACEMENT page 2 of 11 Project 10372.b 3.3 Should City fail to pay Contractor all or any part of the compensation set forth in Attachment B of this Agreement on the date due, Contractor, at the Contractor's option, may terminate this Agreement if the failure is not remedied by the City within thirty (30) days from the date payment is due. 3.4 TIME FOR EXECUTING CONTRACT AND LIQUIDATED DAMAGES Upon receipt of a Notice to Proceed, the Contractor shall have 45 (forty five) calendar days to complete the work as described herein. Contractor shall be liable to the City for any delay beyond this time period in the amount of one hundred fifty dollars ($150.00) per calendar day. Such payment shall be construed to be liquidated damages by the Contractor in lieu of any claim or damage because of such delay and not be construed as a penalty. ANTICIPATED TIMELINE Bid Opening April 8, 2014 Conditional Notice of Award Issued April 18, 2014 Required Documents Returned to City April 28, 2014 by Contractor City Council Approves Agreement. May 6, 2014 Notice to Proceed Issued May 8, 2014 Substantial Completion June 13, 2014 Final Completion June 23, 2014 4.1 If, through any cause, CONTRACTOR, its officers, employees, or agents fails to fulfill in a timely and proper manner its obligations under this Agreement, violates any of the covenants, agreements, or stipulations of this Agreement, falsifies any record or document required to be prepared under this agreement, engages in fraud, dishonesty, or any other act of misconduct in the performance of this contract, or if the City Council determines that termination of this Agreement is in the best interest of CITY, the CITY shall thereupon have the right to terminate this Agreement by giving written notice to CONTRACTOR of such termination and specifying the effective date thereof at least fifteen (15) days before the effective date of such termination. CONTRACTOR may terminate this agreement at any time by giving at least sixty (60) days notice to CITY. In the event of any termination of this Agreement, all finished or unfinished documents, data, and reports prepared by CONTRACTOR under this Agreement shall, at the option of the CITY, become its property, and CONTRACTOR shall be entitled to receive just and equitable compensation for any work satisfactorily complete hereunder. 4.2 Notwithstanding the above, CONTRACTOR shall not be relieved of liability to the CITY for damages sustained by the CITY by virtue of any breach of this W. WALTMAN STREET WATERLINE REPLACEMENT page 3 of 11 Project 10372.b Agreement by CONTRACTOR, and the CITY may withhold any payments to CONTRACTOR for the purposes of set-off until such time as the exact amount of damages due the CITY from CONTRACTOR is determined. This provision shall survive the termination of this agreement and shall not relieve CONTRACTOR of its liability to the CITY for damages. 5. Independent Contractor: 5.1 In all matters pertaining to this agreement, CONTRACTOR shall be acting as an independent contractor, and neither CONTRACTOR nor any officer, employee or agent of CONTRACTOR will be deemed an employee of CITY. Except as expressly provided in Attachment A, Contractor has no authority or responsibility to exercise any rights or power vested in the City and therefore has no authority to bind or incur any obligation on behalf of the City. The selection and designation of the personnel of the CITY in the performance of this agreement shall be made by the CITY. 5.2 Contractor, its agents, officers, and employees are and at all times during the term of this Agreement shall represent and conduct themselves as independent contractors and not as employees of the City. 5.3 Contractor shall determine the method, details and means of performing the work and services to be provided by Contractor under this Agreement. Contractor shall be responsible to City only for the requirements and results specified in this Agreement and, except as expressly provided in this Agreement, shall not be subjected to City's control with respect to the physical action or activities of Contractor in fulfillment of this Agreement. If in the performance of this Agreement any third persons are employed by Contractor, such persons shall be entirely and exclusively under the direction and supervision and control of the Contractor. 6.1 CONTRACTOR shall indemnify and save and hold harmless CITY from and for any and all losses, claims, actions, judgments for damages, or injury to persons or property and losses and expenses and other costs including litigation costs and attorney's fees, arising out of, resulting from, or in connection with the performance of this Agreement by the CONTRACTOR, its servants, agents, officers, employees, guests, and business invitees, and not caused by or arising out of the tortious conduct of CITY or its employees. CONTRACTOR shall maintain, and specifically agrees that it will maintain, throughout the term of this Agreement liability insurance, in which the CITY shall be named an additional insured in the minimum amounts as follow: General Liability One Million Dollars ($1,000,000) per incident or occurrence, Automobile Liability Insurance One Million Dollars ($1,000,000) per incident or occurrence and Workers' Compensation Insurance, in the statutory limits as required by law.. The limits of insurance shall not be deemed a limitation of the covenants to indemnify and save and hold harmless CITY; and if CITY becomes liable for an amount in excess of the insurance limits, herein provided, CONTRACTOR covenants and agrees to indemnify and save and hold W. WALTMAN STREET WATERLINE REPLACEMENT page 4 of 11 Project 10372.b harmless CITY from and for all such losses, claims, actions, or judgments for damages or injury to persons or property and other costs, including litigation costs and attorneys' fees, arising out of, resulting from , or in connection with the performance of this Agreement by the Contractor or Contractor's officers, employs, agents, representatives or subcontractors and resulting in or attributable to personal injury, death, or damage or destruction to tangible or intangible property, including use of. CONTRACTOR shall provide CITY with a Certificate of Insurance, or other proof of insurance evidencing CONTRACTOR'S compliance with the requirements of this paragraph and file such proof of insurance with the CITY at least ten (10) days prior to the date Contractor begins performance of it's obligations under this Agreement. In the event the insurance minimums are changed, CONTRACTOR shall immediately submit proof of compliance with the changed limits. Evidence of all insurance shall be submitted to the City Purchasing Agent with a copy to Meridian City Accounting, 33 East Broadway Avenue, Meridian, Idaho 83642. 6.2 Any deductibles, self-insured retention, or named insureds must be declared in writing and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles, self-insured retentions or named insureds; or the Contractor shall provide a bond, cash or letter of credit guaranteeing payment of losses and related investigations, claim administration and defense expenses. 6.3 To the extent of the indemnity in this contract, Contractor's Insurance coverage shall be primary insurance regarding the City's elected officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City or the City's elected officers, officials, employees and volunteers shall be excess of the Contractor's insurance and shall not contribute with Contractor's insurance except as to the extent of City's negligence. 6.4 The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 6.5 All insurance coverages for subcontractors shall be subject to all of the insurance and indemnity requirements stated herein. 6.6 The limits of insurance described herein shall not limit the liability of the Contractor and Contractor's agents, representatives, employees or subcontractors. 7.Bonds: Payment and Performance Bonds are required on all Public Works Improvement Projects per the ISPWC and the City of Meridian Supplemental Specifications & Drawings to the ISPWC, which by this reference are made a part hereof. 8. Warranty: All construction and equipment provided under this agreement shall be warranted for 2 years from the date of the City of Meridian acceptance per the W. WALTMAN STREET WATERLINE REPLACEMENT page 5 of 11 Project 10372.b ISPWC and the Meridian Supplemental Specifications & Drawings to the ISPWC and any modifications, which by this reference are made a part hereof. All items found to be defective during a warranty inspection and subsequently corrected will require an additional two (2) year warranty from the date of City's acceptance of the corrected work. 9. Notices: Any and all notices required to be given by either of the parties hereto, unless otherwise stated in this agreement, shall be in writing and be deemed communicated when mailed in the United States mail, certified, return receipt requested, addressed as follows: CITY CONT'RAC'TOR City of Meridian Paul Construction Purchasing Manager Attn: Jim Paul 33 E Broadway Ave P O Box 1117 Meridian, ID 83642 Meridian, ID 83680 208-888-4433 Phone: 208-466-2953 Email: plcnstrctn@cs.com Idaho Public Works License #C -10495 -AA -4 Either party may change their address for the purpose of this paragraph by giving written notice of such change to the other in the manner herein provided. 10. Attorney Fees: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorneys' fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 11. Time is of the Essence: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of, and a default under, this Agreement by the party so failing to perform. 12. Assignment: It is expressly agreed and understood by the parties hereto, that CONTRACTOR shall not have the right to assign, transfer, hypothecate or sell any of its rights under this Agreement except upon the prior express written consent of CITY. 13. Discrimination Prohibited: In performing the Work required herein, CONTRACTOR shall not unlawfully discriminate in violation of any federal, state or local law, rule or regulation against any person on the basis of race, color, religion, sex, national origin or ancestry, age or disability. W. WALTMAN STREET WATERLINE REPLACEMENT page 6 of 11 Project 10372.b 14.1 At such times and in such forms as the CITY may require, there shall be furnished to the CITY such statements, records, reports, data and information as the CITY may request pertaining to matters covered by this Agreement. 14.2 Contractor shall maintain all writings, documents and records prepared or compiled in connection with the performance of this Agreement for a minimum of four (4) years from the termination or completion of this or Agreement. This includes any handwriting, typewriting, printing, photo static, photographic and every other means of recording upon any tangible thing, any form of communication or representation including letters, words, pictures, sounds or symbols or any combination thereof. 15. Audits and Inspections: At any time during normal business hours and as often as the CITY may deem necessary, there shall be made available to the CITY for examination all of CONTRACTOR'S records with respect to all matters covered by this Agreement. CONTRACTOR shall permit the CITY to audit, examine, and make excerpts or transcripts from such records, and to make audits of all contracts, invoices, materials, payrolls, records of personnel, conditions of employment and other data relating to all matters covered by this Agreement. 16. Publication, Reproduction and Use of Material: No material produced in whole or in part under this Agreement shall be subject to copyright in the United States or in any other country. The CITY shall have unrestricted authority to publish, disclose and otherwise use, in whole or in part, any reports, data or other materials prepared under this Agreement. 17. Compliance with Laws: In performing the scope of work required hereunder, CONTRACTOR shall comply with all applicable laws, ordinances, and codes of Federal, State, and local governments. 18. Changes: The CITY may, from time to time, request changes in the Scope of Work to be performed hereunder. Such changes, including any increase or decrease in the amount of CONTRACTOR'S compensation, which are mutually agreed upon by and between the CITY and CONTRACTOR, shall be incorporated in written amendments which shall be executed with the same formalities as this Agreement. 19. Construction and Severability: If any part of this Agreement is held to be invalid or unenforceable, such holding will not affect the validity or enforceability of any other part of this Agreement so long as the remainder of the Agreement is reasonably capable of completion. 20. Waiver of Default: Waiver of default by either party to this Agreement shall not be deemed to be waiver of any subsequent default. Waiver or breach of any provision of this Agreement shall not be deemed to be a waiver of any other or subsequent breach, and shall not be construed to be a modification of the terms of this Agreement unless this Agreement is modified as provided above. W. WALTMAN STREET WATERLINE REPLACEMENT page 7 of 11 Project 10372.b 21. Advice of Attorney: Each party warrants and represents that in executing this Agreement. It has received independent legal advice from its attorney's or the opportunity to seek such advice. 22. Entire Agreement: This Agreement contains the entire agreement of the parties and supersedes any and all other agreements or understandings, oral of written, whether previous to the execution hereof or contemporaneous herewith. 23. Order of Precedence: The order or precedence shall be the contract agreement, the Invitation for Bid document, then the winning bidders submitted bid document. 24. Public Records Act: Pursuant to Idaho Code Section 9-335, et seq., information or documents received from the Contractor may be open to public inspection and copying unless exempt from disclosure. The Contractor shall clearly designate individual documents as "exempt" on each page of such documents and shall indicate the basis for such exemption. The CITY will not accept the marking of an entire document as exempt. In addition, the CITY will not accept a legend or statement on one (1) page that all, or substantially all, of the document is exempt from disclosure. The Contractor shall indemnify and defend the CITY against all liability, claims, damages, losses, expenses, actions, attorney fees and suits whatsoever for honoring such a designation or for the Contractor's failure to designate individual documents as exempt. The Contractor's failure to designate as exempt any document or portion of a document that is released by the CITY shall constitute a complete waiver of any and all claims for damages caused by any such release. 25. Applicable Law: This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Idaho, and the ordinances of the City of Meridian. 26. Approval Required: This Agreement shall not become effective or binding until approved by the City of Meridian. END OF TEXT. SIGNATURES TO FOLLOW ON NEXT PAGE. W. WALTMAN STREET WATERLINE REPLACEMENT page 8 of 11 Project 10372.b SIGNATURE PAGE — W. Waltman Street Waterline Replacement Project 10372.b CITY OF MERIDIAN TAMMY de W D, YOR Dated; - -_ / '-/ Approved by Council: ing Manager i, '21111 1w, I REN STEWART, Engineering Manager Dated:: Dated:: r W. WALTMAN STREET WATERLINE REPLACEMENT page 9 of 11 Project 10372.b Attachment A ALL ADDENDUMS9 ATTACHMENTS, AND EXHIBITS included . A -d in the Invitation o Bid Package PW -1 4-10372.b, d a part hereof. W. WALTMAN STREET WATERLINE REPLACEMENT page 10 of 11 Project 10372.b Attachment B A. Total and complete compensation for this Agreement shall not exceed $74,770.00. MILESTONE DATES/SCHEDUL Milestone 1 Substantial Completion 35 (thirty five) days Milestone 2 Final Completion 45 (forty five) days ICING SCHEDULE Contract includes furnishing all labor, materials, equipment, and incidentals as required for the W. WALTMAN STREET WATERLINE REPLACEMENT per IFB PW -14-10372.b Total- $74 ,770.01 �io F-11;�. T v, r �. Item No. ISPWC 2010.4.1.A.1 Descri tion Mobilization/Demobilization Quantity 1 Unit Unit Price ISPWC 307.4.1.G.1 Ty e "P" Surface Restoration 480 LS SY $3,100.00 $27.00 ISPWC 802.4.1.A.1 3�4" Minus Crushed Aggregate for Base T e 1 160 CY $19.00 ISPWC 307.4.1.A.7 Miscellaneous Surface Restoration 18 LF $5.00 ISPWC 401.4.1.A.1 Water Pipe, 10" 653 LF $37.00 ISPWC 401.4.1.13.1 10" 45 degree Bend 4 EA ISPWC 402.4.1.A.1 $422.00 10" Gate Valve 3 EA $2,877.00 ISPWC 403.4.1.A.1 Fire Hydrant Assembly 3 EA $5,324.00 ISPWC 1003.4.1.C.1 Install Silt Fence 571 LF $3.00 ISPWC 1006.4.1.C.1 Install Inlet Protection 2 EA $100.00 ISPWC 1103.4.1.13.1 Traffic Control Signs 77 SF $5.00 ISPWC 1103.4.1.C.1 Traffic Control Barricades Type 111 2 EA $40.00 ISPWC 1103.4.1.G.1 Traffic Control Maintenance 4 DAY $110.00 ISPWC 1103.4.1.H.1 Portable Tubular Markers 10 EA $11.00 Bonds and Insurance 1 LS $2,200.00 Travel expenses, if applicable, Will be paid at no more than the City of Meridian's Travel and Expense Reimbursement Policy. W. WALTMAN STREET WATERLINE REPLACEMENT page 11 of 11 Project 10372.b r1w 1, e O M N r O N �L W F- 06 w Q w z O U) Z w F - x w w z m N ti M O r r CL LU m M z 77 A q Q E C a) m 0 r o. E o :n Z N Z ami EE E a E 0 0 c o U O (� J U C O O i A0%5 NAS SURETY GROUP North American Specialty Insurance Company Washington international Insurance Company North American Elite Insurance Company KNOW ALL MEN BY THESE PRESENTS: That Paul Construction, Inc. Bond No. 2182056 (Insert name and address, or legal title, of contractor) P.O. Box 1117, Meridian, ID 83680 as Principal, hereinafter called Contractor, and North American Specialty Insurance Company ,as Surety, hereinafter called Surety, are held and firmly bound unto City of Meridian (Insert name and address, or legal title, of owner) 33 E. Broadway Ave., Meridian, ID 83642 as Obligee, hereinafter called Owner in the amount of_ Seventy Four Thousand Seven Hundred Seventy Dollars and 00/100 Dollars ($ 74,770,00 ) for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, Jointly and severally, firmly by these presents. WHEREAS, Contractor has by written agreement dated May 6, 2014 entered into a Contract with Owner for W. Waltman Street Waterline Replacement in accordance with drawings and specifications prepared by (Insert full name and tltlo) which Contract is by reference made a part hereof, and is hereinafter referred to as the Contract, NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Contractor shall promptly and faithfully perform said Contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect, Whenever Contractor shall be, and declared by Owner to be in default under the Contract, the Owner having performed Owner's obligation thereunder, the Surety may promptly remedy the default, or shall promptly 1) Complete the Contract in accordance with its terms and conditions, or 2) Obtain a bid for submission to Owner for completing the Contract in accordance with its terms and conditions, and upon determination by Owner and Surety of the lowest responsible bidder, arrange for a contract between such bidder and Owner and make available as work progresses (even though there should be a default or a succession of defaults under the contract or contracts of completion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the contract price; but not exceeding, including other costs and damages for which the Surety may be liable hereunder, the amount set forth in the first paragraph hereof. The term "balance of the contract price," as used in this paragraph, shall mean the total amount payable by Owner to Contractor under the Contract and any amendments thereto, less the amount properly paid by Owner to Contractor. Any suit under this bond must be instituted before the expiration of two (2) years from the date on which Contractor ceases work on the Contract. No right of action shall accrue on this bond to or for the use of any person or corporation other than the Owner named herein or the heirs, executors, administrators or successors of Owner. Signed, seated and dated April 22, 2014 Paul Co_ structi ,,Ano Sy r /'- T M Rev VIM North American Speciab insurance 1973 AAS NAS SURETY GROUP North American Specialty Insurance Company Washington International Insurance Company North American Elite Insurance Company NOTE: THIS BOND IS ISSUED SIMULTANEOUSLY WITH ANOTHER BOND IN FAVOR OF THE OWNER CONDITIONED FOR THE FULL AND FAITHFUL PERFORMANCE OF THE CANTRACL Bond No. KNOW ALL MEN BY THESE PRESENTS That Paul Construction, Inc. 2182056 (Here Insert the name and address, or legal title, of the contractor) 1117 Meridian ID 83680 as Principal, hereinafter called Principal, and North American Specialty Insurance Company , as Surety, hereinafter called Surety, are held and firmly bound City of Meridian (Here insert the name and address, or legal title, or the owner) 33 E. BroadwaVAve., Meridian, ID 83642 , as Obligee, hereinafter called Owner, for the use and benefit of claimants as herein below defined, in the amount of Seventy Four Thousand Seven Hundred SeventV Dollars and 00/100 Dollars ($74,770.00 ), for the payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Principal has by written agreement dated May 6, 2014 entered into a Contract with Owner for W. Waltman Street Waterline Replacement in accordance with drawings and specifications prepared by (Here insert full name and title) which Contract is by reference made a part hereof, and is hereafter referred to as the Contract, NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is that if the Principal shall promptly make payment to all claimants as hereinafter defined, for all labor and material used or reasonably required for use in the performance of the Contract, then this obligation shall be void; otherwise it shall remain In full force and effect, subject, however, to the following conditions: 1. A claimant is defined as one having a direct contract with the Principal or with the sub -contractor of the Principal for labor, material, or both, used or reasonably required for use in the performance of the Contract, labor and material being construed to include that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental of equipment directly applicable to the Contract. 2. The above named Principal, and Surety hereby jointly and severally agree with the Owner that every claimant as herein defined, who has not been paid in full before the expiration of a period of ninety (90) days after the date on which the last of such claimant's work or labor was done or performed, or materials were furnished by such claimant, may sue on this bond for the use of such claimant in the name of the Owner, prosecute the suit to final judgment for such sums as may be justly due claimant, and have execution thereon, provided, however, that the Owner shall not be liable for the payment of any costs or expenses of any such suit. 3. No suitor action shall be commenced hereunder by any claimant. a) Unless claimant shall have given written notice to any two of the following: The Principal, the Owner, or the Surety above named, within ninety (90) days after such claimant did or performed the last of the work or labor, or furnished the last of the materials for which said claim is made, stating with substantial accuracy the amount claimed and the name of the party to whom the materials were furnished, or for whom the work or labor was done or performed. Such notice shall be served by mailing the same by registered mail, postage prepaid, in an envelope addressed to the Principal, Owner or Surety, at any place where an office is regularly maintained for the transaction of business, or served in any manner in which legal process may be served in the state in which the aforesaid project is located, save that such service need not be made by a public officer. b) After the expiration of one (1) year following the date on which Claimant ceased work on said Contract. c) Other than in a state court of competent jurisdiction in and for the county or other political subdivision of the state in which the project, or any part thereof, is situated, or in the United States District Court for the district in which the project, or any part thereof, is situated, and not elsewhere, 4. The amount of this bond shalt be reduced by and to the extent of any payment or payments made in good faith hereunder, inclusive of the payment by Surety of mechanics liens which may be filed or record against said improvements, whether or not claim for the amount of such lien be presented under and against this bond. Signed, seated and dated April 22, 2014 2 By Rev &1103 NAS SURETY GROUP NORTH AMERICAN SPECIALTY INSURANCE COMPANY WASHINGTON INTERNATIONAL INSURANCE COMPANY GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, THAT North American Specialty Insurance Company, a corporation duly organized and existing under laws of the State of New Hampshire, and having its principal office in the City of Manchester, New Hampshire, and Washington International Insurance Company, a corporation organized and existing under the laws of the State of New Hampshire and having its principal office in the City of Schaumburg, Illinois each does hereby make, constitute and appoint: Brenda J. Smith Its true and lawful Attomey-in-Fact, to make, execute, seal and deliver, for and on its behalf and as its act and deed, the following surety bond: Principal: Paul Construction, Inc. Bond Number: 2182056 Obligee: City of Meridian Bond Amount: See Bond Form Bond Description: W, Waltman Street Waterline Replacement Provided that no bond or undertaking or contract of suretyship executed under this authority shall exceed the amount of: FIFTY MILLION ($50,000,000) DOLLARS This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors of both North American Specialty Insurance Company and Washington International Insurance Company at meetings duly called and held on the 9"' of May, 2012: "RESOLVED, that any two of the Presidents, any Managing Director, any Senior Vice President, any Vice President, any Assistant Vice President, the Secretary or any Assistant Secretary be, and each or any of them hereby is authorized to execute a Power of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Company bonds, undertakings and all contracts of surety, and that each or any of them hereby is authorized to attest to the execution of any such Power of Attorney and to attach therein the seal of the Company; and it is FURTHER RESOLVED, that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be binding upon the Company when so affixed and in the future with regard to any bond, undertaking or contract of surety to which it is attached." "'Noll ItItII q,,� O By ��0*' 1WNA(j4N� RrsG ���yQ•.-&Po#q,.,r6. s even P. Anderson, Senior Vice President of Washington International Insurance Company & Senior Vice President of North American Specialty Insurance Company tr�'L�'ejo g; SEAL ' SEAL.• =w`-,� 1973 a,:m-,oi fd '' BY y ' A'AMPS �"k- q� ••...... •• A �� �bdNl'I"t���\§N David M. Layman, Vice President of ashington International Insurance Company & Vice President North American Specialty Insurance Company of IN WITNESS WHEREOF, North American Specialty Insurance Company and Washington International Insurance Company have caused their official seals to be hereunto affixed, and these presents to be signed by their authorized officers this 25th day of May 2012. North American Specialty Insurance Company Washington International Insurance Company State of Illinois County of Cook ss: On this 25th day of May 20 12 , before me, a Notary Public personally appeared Steven P. Anderson . Senior Vice President of Washington International Insurance Company and Senior Vice President of North American Specialty Insurance Company and David M. Layman Vice President of Washington International Insurance Company and Vice President of North American Specialty Insurance Company, personally known to me, who being by me duly sworn, acknowledged that they signed the above Power of Attorney as officers of and acknowledged said instrument to be the voluntary act and deed of their respective companies. "OFFICIAL SEAL" DONNA D. SKLENS Notary Public, State of Illinois My Commission Expires 1 0106/2 0 15 2=0 Donna D. Sklens, Notary Public I, Jeffrey Goldberg , the duly elected_ Assistant Secretary of North American Specialty Insurance Company and Washington International Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney given by said North American Specialty Insurance Company and Washington International Insurance Company, which is still in full force and effect. IN WITNESS WHEREOF, I have set my hand and affixed the seals of the Companies this 22nd day of April 2014 Ieff�y Goldherg, ii icY Frcsideni & �ssutant Se.tYtary of 1'/ahisr�ut Infrmatiatat insumnct Company & Amimant Secrttary o€t Orth Arntritan Speeialty Inatanee Company PAULCON-01 ACOPE qL_r CERTIFICATE OF LIABILITY INSURANCEDATD/YYYY) ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS 4//22/222/2014 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER, THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Boise Office PayneWest Insurance, Inc. 960 Broadway Avenue Suite 100 CLAIMS -MADE X X CAP5191503 PHONE 42 ) 4-2900 FAX No): (208) 424-2999 72DRLESS: BOIS@, ID 83706 INSURER(S) AFFORDING COVERAGE NAIC # 500,000 INSURER A:Cincinnati Insurance Companies ^ 10677 occurrence)$ INSURED INSURER B: Idaho State Insurance Fund INSURERC: Paul Construction, Inc. P.O. Box 1117 INSURER D Meridian, ID 83680 INSURER E: GENERAL AGGREGATE $ INSURER F: t'nvcDAe100 -- --.a.....--_-- 2,000,000 1\LYIVIVI\ IV lJ1YI�G R, THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR A 5151L SUVA POLICY EFF POLICY EXP LTR TYPE OF INSURANCE POLICY NUMBER MM/DWYYYY MM/DDIYYYY LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE X X CAP5191503 EACH OCCURRENCE $ luF<ENI 1,000,000 I 1OCCUR 09/01/2013 09/01/2014 PREMISES 500,000 occurrence)$ MED EXP (Any one person) $ 10,000 - PERSONAL & ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER POLICY N PECTRO-- [] LOC GENERAL AGGREGATE $ 2,000,000 PRODUCTS -COMP/OP AGG $ 2,000,000 OTHER $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident} _ $ 1,000,000 A X BODILY INJURY (Per person) $ ANY AUTO CAP5191503 09/01/2013 09/01/2014 ALL OWNED SCHEDULED BODILY INJURY (Per accident) $ AUTOS AUTOS UOTOSWNED HIREDAUTOS AL PROPERTY DAMAGE $ Per accident $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ 2,000,000 A X EXCESS LIAR CLAIMS -MADE CAP5191503 09/01/2013 09/0112014 AGGREGATE $ 2,000,000 DED RETENTION $ $ WORKERS COMPENSATION AND EMPLOYERS' PER X LIABILITY N YIN STATUTE B ERH- E.L. EACH ACCIDENT $ 500,000 ANY PROPRIETOR/PARTNERIEXECUTIVE OFFICER/MEMBER EXCLUDED? � N / A 644349 03/05/2014 08/01/2014 (Mandatory In NH) If yes, describe under E.L. DISEASE - EA EMPLOYEEI S 500,000 E.L. DISEASE - POLICY LIMIT I $ 500,000 DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) RE: W.Waltman Street Waterline Extension FE City of Meridian Purchasing Department 33 E Broadway Ave Ste, 106 Meridian, ID 83642 ACORD 25 X2014101) TION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE W 1Wdb-2014 AGORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD F .a ..' a `"' i .. , ' !i GENERAL ! •rt BROADENED ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Endorsement - Table of Contents: Coverage: Begins on Page: 1, Employee Benefit Liability Coverage ............................................ . 2 2, Unintentional Failure to Disclose Hazards .................... ...... ...............•................................... 7 3. Damage to Premises Rented. to You ................... ..................................................... ,...,.,.,.,,,,•,......,....................,•,•....,., 8 4. Supplementary Payments................................................................................ 9 b. Medical Payments.. ..... .............................................,,.,.....,...,,,.,...,......,.. 9 6, Voluntary Property Damage (Coverage a.) and Care, Custody or Control LiabilityCoverage (Coverage b.).................................................................................•.............,..,..,. 9 7. 180 Day Coverage for Newly Formedor Acquired Organizations ,,,,,,,,,,,,,,,,•....,,,,,,,,,,,,,,•,,,•,,.,•• ,,,10 8. Waiver of Subrogation .......... .....•„ .., .................__.............................. ..................,.. 10 9. Automatic Additional insured - Specified Relationshlps:„...............•,..............,.,..,,..,,,,,.,,,.,,.,,..,,...10 Managers or Lessors of Premises; Lessor of Leased Equipment; Vendors; State or Political Subdivisions - Permits Relating to Premises; State or Political Subdivisions - Permits; and Contractors' Operations 10, Broadened Contractual Liability - Work Within 50' of Railroad Property..........................................14 11. Property Damage to Borrowed Equipment............................................•....,....,,,,,..•.........•............... 14 12. Employees as Insureds - Specified Health Care Services; ............................................... 14 Nurses; Emergency Medical Technicians; and Paramedics 13. Broadened Notice of Occurrence......................................................................................................14 S. Limits of Insurance: The Commercial General Liability Limits of Insurance apply to the insurance provided by this endorse- ment, except as provided below: 1. Employee Benefit Liability Coverage Each Employee Limit: $ 1,000,000 Aggregate Limit: $ 3,000,000 Deductible: $ t,000 3. Damage to Premises Rented to You The lesser of: a. The Each Occurrence Limit shown in the Declarations; or b, $500,000 unless otherwise stated $ 4. Supplementary Payments a. Sail bands: $ 1,000 b, Loss of earnings: $ 360 5. Medical Payments Medical Expense Limit: $ , 10,00(3 Indudes,v4yrighted material of Insurance GA 233 02 07 Services Office, Inc., with Its permission, Page 1 of 15 6. Voluntary Property Damage (Coverage a.) and Care, Custody or Control Uability Coverage (Coverage b.) Limits of Insurance (Each Occurrence) Coverage a. $1,000 Coverage b. $5,000 unless otherwise stated $ Deductibles (Each Occurrence) Coverage a. $250 Coverage b. $250 unless otherwise stated $ COVERAGE PREMIUM BASIS RATE ADVANCE PREIUM a b Area payroll a: The following is added to SECTION 1 ( For Limits in Excess of (For Limits in Excess of c) Gross Sales No other obligation or liabil- $5,000 ) $5,000} d Units (a) We will pay those sums that unless explicitly provided for the Insured becomes legally e other ments. ages caused by any act, er- ror or omission of the in- (b) This insurance applies to b. Care, Custody damages only if the act, er- son for whose acts the in- ror or omission, is ne $ or Control which this insurance ap- "administration" of y our plies. We will have the right "em to ea benefit P Y pro - and duty to defend the in= gram"; and OrAl. ANNUM- PREMIUM However, we will have no 11. Property Damage to Borrowed Equipment Each Occurrence Limit; $ 10,000 Deductible; $ 250 C. Coverages: have used up the ap- 1. Employee Benefit Liability Coverage plicable limit of insur- ance in the payment of a: The following is added to SECTION 1 judgments or settle - COVERAGES: Employee Benefit ments. Liability Coverage: No other obligation or liabil- (1) Insuring Agreement ity to pay sums or perform acts or services is covered (a) We will pay those sums that unless explicitly provided for the Insured becomes legally under Supplementary Pay - obligated to pay as dam- ments. ages caused by any act, er- ror or omission of the in- (b) This insurance applies to sured, or of any other per- damages only if the act, er- son for whose acts the in- ror or omission, is ne shred is legally (fable, to gently committed in thgeli- which this insurance ap- "administration" of y our plies. We will have the right "em to ea benefit P Y pro - and duty to defend the in= gram"; and sured against any "suit" seeking those damages. 1) Occurs during the pol- However, we will have no icy period; or duty to defend against any 2) Occurred prior to the "suit"' seeking damages to effective date of this. which this insurance does endorsement provided; not apply. We: may, at our discretion, investigate any a) You did not have report of an act, error or knowledge of a omission and settle any claim or "suit" on claim or "suit" that may re- or before the ef- sult. But: fective date of this endorsement, 1) The amount we will pay for damages Is limited You will be as descried in SEC- deemed to have TION III - E. HITS OF knowledge of a INSURANCE; and claim or "suit" 2) Our right and duty to when any "authorized repre- defend ends when we sentative"; Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc., with Its permission. Page 2 of 15 ij Reports all, or formanco of Investment any part, of the vehicles; or act, error or Advertising Injury omission to us 3) Advice given to any or any other person with respect to Insurer; that person's decision ff) Receives to participate or not, to a written or ver- participate in any plan included in the "gim- bal demand or ployee benefit pro- claim for dam- gram". ages because Dishonest, Fraudulent, of the act, er- (f) Workers' Compensation ror or omis- and Similar Laws sion; and Any claim arising out of b) There is no other your failure to comply with applicable insur- the mandatory provisions of ance. any workers' compensation, (2) Exclusions unemployment compensa- tion insurance, social. secu- This insurance does not apply rity or disability benefits few to: or any similar law. (a) Bodily Injury, Property Damage or Personal and (g) ERISA Advertising Injury Damages for which any in - sured Is liable because of "Bodily injury"property liability imposed on a fiduci- damaie" or "personal and: advertising injury". ary by the Employee Re - tfrement Income Security Act of 1974, as now or (b) Dishonest, Fraudulent, hereafter amended, or by Criminal or. Malicious Act any similar federal, state or local laws. Damages arising out of any intentional, dishonest, (h) Available Benefits fraudulent, criminal or mali- cious act, error or omission, Any claim for benefits to the committed by any insured, including the willful ruck- extent that such benefits are available, with reason- less violation of any statute. st able effort and cooperation of the insured, from the ap- (c) Failure to Perform a Con- plicable funds accrued or tract other collectible insurance. Damages arising out of fail- (i) Taxes, Fines or Penalties ure of performance of con- tract by any insurer, Taxes, fines or penalties, including those imposed (d) Insufficiency of Funds under the Internal Revenue Code or any similar state or Damages arising out of an local law, insufficiency of funds to meet any obligations under G? Employment -Related any plan included in the Practices "employee benefit pro- gram". Any liability arising out of tY 9 any; (e) Inadequacy of Perform- ance of Investment / Ad- (�) Refusal to employ; vice Given With Respect to Participation (2) Termination of em - ployment; Any claim based- upon; (3) Coercion, demotion, 1) Failure of any invest- ment to perform; evaluation, reassign- merit, discipline, defa- mation, harassment, 2) Errors In providing in- humiliation, discrimina- formation on past per- tion or other employ. Includes copyrighted material of insurance GA 233 02 07 Services office, Inc., with its permission. Page 3 of 15 ment•related practices, (e) A trust, you are an insured, acts or omissions; or Your trustees are also in - (4) Consequential liability sureds, but only with ye- spect to their duties as as a result of (1), (2) or trustees. (3) above. This exclusion applies (2) Each of the following is also an whether the insured may be insured: held liable as an. employer (a) Each of your "employees" or in any other capacity and who is or was authorized to to any obligation to share administer your "employee damages with or repay benefit program", someone else who must pay damages because of (b) Any persons, organizations the Injury. or "employees" having (3) Supplementary Payments proper temporary authon- nation to administer your SECTION I - COVERAGES, "em * oee benefit program" if you die, but only until your SUPPLEMENTARY PAY- MENTS - COVERAGES A AND legal representative is ap- 8 also apply to this Coverage, pointed. b. Who is an Insured (C) Your legal representative If you die, but only with re - As respects Employee Benefit Liabil- spect to duties as such, ity Covera 9, e, SECTION fl - WHO iS representative will have AN INSURED is deleted in its en- all y and u tirety and replaced by the following: ties under this Coverage Part.ge (1) If you are designated in the Declarations as: (3) Any organization you newly ac- quire or form, other than a part - (a) An individual, you and your nership, joint venture or limited spouse are Insureds, but liability company, and over only with respect to the which you maintain ownership conduct of a business of or majority interest, will qualify which you are the sole as a Named Insured if no other owner, similar insurance applies to that (b) A partnership or joint von- organization. However, cover - age under this provision: tore, you are an insured. Your members, your part- (a) Is afforded; only until the ners, and their spouses are 180th day after you acquire also insureds but only with or form the organization or respect to the conduct of the end of thepolicy period, your business. whichever is earlier; and (c) A limited liability company, (b) Does not apply to any act, you arean insured,. Your error or omission that was members arealso insureds, committed before you ac - but only with respect to the quired or formed the or - conduct of your business. ganization. Your managers are in. sureds, but only with re- c. ►;mics of Insurance spect to their duties as your managers, As respects Employee Benefit Llabil- ity Coverage, SECTION III W LIMITS (d) An organization other than OF INSURANCE is deleted in its en - a partnership, oint venture tirety and replaced by the following: or limited liability company, You are an Insured, Your (1) The Limits of Insurance shown executive officers" and di- in Section B. I_irnits- of Insur- ance, 1• Employee Benefit Li- ors are insureds, but rectoronly sit respect to their ability Coverage and the rules Julies your officers or di- below fix the most we will pay regardless of the number of: rectors, Your stockholders are also insureds, but only (a) insureds; with respect to their liability as stockholders. Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc., with its permission. Page 4 of 15 (b) Claims made or "suits" (b) The deductible amount brought; stated in the Declarations (c) Persons or organizations applies to all damages sustained by any one Dom - making claims or bringing "suits"; Ployee", including such 'employee's" dependents (d) Acts, errors or omissions; or and beneficiaries, because of all. acts, errors or omis- (e) Benefits included in your sions to which this Insur- "employee benefit pro- ance applies. gram". (c) The terms of this insurance, (2) The aggregate Limit shown in including those with respect Section B. Limits of Insurance, to:. 1. Employee Benefit Liability Coverage of this endorsement 1) Our right and du to Is the most we will pay for all defend he the Insured damages because. of actser- against "suits" a, eeking or omissions negligently s those seeking committed in. the "adrninistra- ages -and tion" of your "employee benefit 2) Your duties, and the program . duties of any other in - (3) Subject to the limit described in volved insured, in the (2) above, the Each Employee event of an act, error or Limit shown in Section S. Limits omission, or claim, of Insurance, 1. Employee Benefit Liability Coverage of apply irrespective of the this endorsement is the most we application of the deduoUble will pay for all damages sus- tained by "employee", amount, any one including damages sustained by (d) We may pay any part or all of the may amount to such "employee's" dependents effect settlement of any and beneficiaries, as a result of: claim or. "suit" and, upon - (a) An act, error or omission; or notification of the action taken, you shall promptly (b) A series of related acts, or- reimburse us for such part rors or omissions, regard- of the deductible amount as less of the amount of time we have paid. that lapses between such d. Additional Conditions - acts, errors or omissions, negligently committed in the "administration" As respects Employee Benefit Li - ability Coverage, SECTION IV - of your em- ployee benefit program". COMMERCIAL GMERAL UABIL- ITY CONDITiONS Is amended as However, the amount paid un- follows: der this endorsement shall. not exceed, and will be subject to (1) item 2, Duties in the Event of the limits and restrictions that Occurrence, Offense, Claim or Suit is deleted in Its entirety and apply to the payment of benefits in any plan included in the em- replaced by the following: ployee benefit program". 2'. Duties in the Event of an Act, Error or (4) Deductible Amount Omission, or Claim or Suit (a) Our obligation to pay dam- a. You must see to it that we are noti- fled as soon as practicable of an act, ages on behalf of the In- sured applies only to the error or omission which may result in amount of damages In ex- a claim. To the extent possible; no - lice should include: cess of the deductible amount stated In the Decla- (1) What the act, error or omission rations as applicable to was and when It occurred; and. Each Employee. The limits of insurance shall not be (2) The names and addresses of reduced by the amount of anyone who may suffer dam - this deductiNe. ages as a result of the act, error or omission. Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc., with Its permission. Page 5 of 15 b. If a claim is made or "suit" is brought against any insured, you must: (1) Immediately record the specifics of the claim or "suit" and the date received; and (2) Notify us as soon as practicable. You must see to it that we receive written notice of the claim or "suit" as soon as practicable. c. You and any other Involved insured must: (1) Immediately send us copies of any demands, notices, sum- monses or legal papers re- ceived in connection with the claim or "suit"; (2) Authorize us to obtain records and other information; (3) Cooperate with us in the investi- gation or settlement of the claim or defense against the "suit"; and (4) Assist us, upon our request, in the enforcement of any right against any person or organlza- tion which may be liable to the Insured because of an act, error or omission to which this Insur- ance may also apply. d. No insured will, except, at that in- sured's own cost, voiuntariiy make a payment, assume any obligation,_ or Hour any expense without our con- sent. (2) item 5. Other Insurance is de- leted In its entirety and replaced by the following: 5.. Other Insurance if other valid and collectible insurance is available to the insured for a loss we cover under this Coverage Fart, our obligations are limited as follows: a. Primary Insurance This insurance is pri- mary except when c. below applies. If this insurance Is primary, our obligations are not affected unless any of the other insurance is also primary. Then, we will share with all that other insurance by the method described in b. below. b. Method of Sharing If all of the. other insur- ance permits contribu- tion by equal shares, we will follow this method also. Under this approach each in- surer contributes equal amounts until it has paid its applicable limit. of insurance or none of the loss remains, whichever comes first. If any of the other in- surance does not per- mit contribution by equal shares, we will contribute by limits. Under this method, each insurer's share is based on the ratio of its applicable limit of In- surance to the total ap- plicable limits of insur- ance of all insurers. c. No Coverage This insurance shall not cover any loss for which the Insured: is entitled to recovery un- der any other insur. ance in force previous to the effective date of this Coverage Part. e. Additional Definitions As respects Employee Benefit Li- ability Coverage, SECTION V - DEFINITIONS is amended as fol- lows: (1) The following definitions are added: 1. "Administration" means: a. Providing information to "employees including their dependents and beneficiaries, with re- spect to eligibility for or scope of "employee benefit programs `; b. Interpreting the "em- ployee benefit pro- grams"; C. Handlin.9 records in connection with the "employee benefit pro- grams"; or d. Effecting-, continuing or terminating any "em- ployee's" participation Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc., with its permission. Page 6 of 15 GA 233 Erg 07 In any benefit included benefits workers' com- in the "employee bene- pensation and disability fit program". benefits; and However, "administration" d. Vacation plants, includ- does not include ing buy and sell pro - a, Handling payroll de- grams; leave of ab- ducdons; or sence programs, in- ctudingg military, mater - b, The failure to effect or lituition n civil maintain any Insurance leave; or adequate limits of tance plans; transpor- coverage of insurance, talion and health club including but not limited subsidies, to unemployment in- surance, social security (2) The following definitions are benefits, workers' com- deleted in their entirety and re - placed by the following: Eensation and disability benefits, 21. "Suit" means a civil pro - 2. "Cafeteria plans" means seeding in which money damages because of an EIan authorized by appiica- le law to allow "employ- act, error or omission to ees" to elect to pay for cer- which this insurance applies are alleged. Suit includes: tain benefits with pre-tax dollars, a. An arbitration pro- d. "Employee benefit pro- ceeding in which such damages are claimed grams" means a program providing some or all of the and to which the in - following benefits to "or. sated must submit yr does submit with our ployees", whether provided consent; through a cafeteria plan or otherwise: b. Any other alternative a. Group life insurance; dispute resolution pro - seeding in which such group accident or health insurance; den- damages are claimed and to which the In - cal, vision and hearing plans; and flexible sured submits with our spending accounts; consent; or provided that no one c. An appeal of a civil other than an "em- proceeding, ployee" may subscribe to such benefits and 8. "Employee" means a per - such benefits are made son actively employed, for - generally available to mercy employed, on leave those "employees" who of absence or disabled, or satisfy the plan's eligi- retired. "Employee" in- bility requirements; cludes a "leased worker", b. Profit sharing plans, "Employee" does not in - clude a "temporary worker", employee savings plans, employee stock 2. Unintentional Failure to Disclose Haz- ownership plans, pen- ards sub plans and stock plans, SECTION 1V - COMMERCIAL GENERAL provided that provided that no one LIABILITY CONDITIONS, 7. Represen= other than an "em- tatlons is hereby amended by the addi- ployee"� may subscribe tion of the following: a such benefits and such benefits are made Based on our dependence upon your representations as to existing hazards, if generally available to all "employees" who unintentionally you should fail to disclose are eliglbls under the all such hazards at the inception date of your policy, we will not reject coverage plan for such benefits; under this Coverage Part based solely on c, unemployment insur- such failure. ance, social security Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 7 of 15 I Damage to Premises Rented to You e) Settling, cracking, a. The last Subparagraph of Paragraph shrinking or ex- t. SECTION I - COVERAGES, pension; or COVERAGE A, d BODILY INJURY f) Nesting or Infesta- AND PROPERTY DAMAGE, 2. Ll- ABILITY Exclusions is hereby de- tion, or discharge leted and replaced by the following: or release of waste products or Exclusions c. through q. do not apply secretions, by in.- sects, birds, ro- to damage by fire, explosion, light- ning, smoke or soot to premises dents or other while rented to you or temporarily animals. occupied by you with permission of (b) Loss caused directly or indl- the owner. rectly by any of the follow - b. The insurance provided under SEC- Ing: TiON I - COVERAGES, COVERAGE 1) Earthquake, volcanic A. BODILY INJURY AND PROP- ERTY DAMAGE LIABILITY applies "property eruption, landslide or any other earth move - to damage" arising out of ment; water damage to promises that are both rented to and occupied by you. 2) Water that backs up or (1) As respects Water Damage Le- overflows from a sewer, drain or sump; gal Liability, as provided in Paragraph 3.b, above: 3} Water under the The exclusions under SECTIONground surface press- ing on, or flowingor I- COVERAGES, COVERAGE seeping through: A. BODILY INJURY AND PROPERTY DAMAGE LIASIL- a) Foundations, iTY, 2. Exclusions, other than f. walls, floors or War and the Nuclear Energy paved surfaces; Liability Exclusion, are deleted and the following are added: b) Basements, whether paved or This Insurance does not apply not; or to; c) Doors, windows or (a) "Property damage": other openings. 1) Assumed in any con- (c) Loss caused by or resulting tract; or from water that leaks or 2) Loss caused by or re- flows from plumbing, heat - ing, air conditioning, or fire suiting from any of the protection systems caused following_: by or resulting from freez- a) Wear and tear; Ing, unless: b) Rust, corrosion, 1) You did your best to maintain heat in the fungus, decay, deterioration, hid- building or structure; or den or latent de- 2) You drained the fact or any quality equipment and shut off in property that the water supply if the causes it to dam- age or destroy it- heat was not main - tained. self; (d) Loss to or damage to: c) smog; d) Mechanical 1) Plumbing, heating, air conditioning, fire pro - breakdown In- cluding rupture or tection systems, or other equipment or ap- bursting caused pliances; or by centrifugal force; 2) The interior of any building or structure, or to personal property in the building or structure includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc., with its permission. page a of Is caused by or resulting from rain, snow, sleet or Ice, whether driven by wind or not. c. Limit of Insurance The Damage to Premises Rented to You Limit as shown in the Declara- tions is amended as follows: (2) ParaLIMITS OF . III OFINSURANCE is hereby deleted and replaced by the following: 6. Subject to S. above, the Damage to Premises Rented to You Limit Is the most we will pay under COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY, for damages because of "property damage" to premises while rented to you or temporarily occupied by you with permission of the owner, arising out of any one "occurrence" to which this insurance ap- plies. (3) The amount we will pay is lim- ited as described in Section B. 1 Limits of Insurance, 3. Dam- age to Promises Rented. to You of this endorsement. 4. Supplementary Payments Under SECTION I - COVERAGE, SUP- PLEMENTARY PAYMENTS - COVER- AGrES A AND B: a. Paragraph 2. Is replaced by the fol- lowing:. Up to the limit shown in Section B. Limits of insurance, 4.a. Bail Bonds of this endorsement for cost of bail bonds required because of accidents or traffic law violations arising_ out of the use of any vehicle to which the Bodily Injury Liability Coverage ap- plies. We do not have to fumish these bonds. b. Paragraph 4. is replaced by the fol- lowing: A11 reasonable expenses Incurred by the insured at our request to assist us In the investigation or defense of the claim or "suit", including. actual loss of earnings up to the limit shown fn Section B. Limits of Insurance, 4.b. Loss of Earnings of this en- dorsement per day because of time Off from work. 5. Medical Payments The Medical Expense Limit of Any One Person as stated in the Declarations is amended to the limit shown in Section B. Limits of Insurance, S. Medical Pay- ments of this endorsement 6. Voluntary Property Damage and Care, Custody or Controi Liability Coverage a. Voluntary Properly Damage Cov- erage We will pay for "property damage" to property o others arising out of opp- erations incidental to the insured's business when: (1) Damage is caused by the in- sured; or (2) Damage occurs while in the in- sured's possession. With your consent, we will make these payments regardless of fault. b. Care, Custody or Controf Liability Coverage SECTION I - COVERAGES, COV- ERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY, 2. Exclusions, J. Damage to Properttyy, Subparagraphs (3), (4) and (5) do not apply to "property damage" to the property of others described therein, With respect to the insurance provided byy this section of the endorsement, the fol- lowing additional provisions apply: a. The Limits of Insurance shown in the Declarations are replaced by the lim- its designated in Section B. Limits of Insurance, 6. Voluntary Property Damage and Care, Custody or Control Liability Coverage of this endorsement. with respect to cover- age provided by this endorsement. These limits are inclusive of and not in addition to the limits being re- placed. The Limits of Insurance shown in Section B. Limits of Insur- ance, 6. Voluntary Property Dam- e abiand Care, Custody or Control lility Coverage of this endorse- ment fix the most we will pay in any one 'occurrence" regardless of the number of: (1) insureds; (2) Claims made or "suits" brought; or (3) Persons or organizations mak- Ing claims or bringing "suits". Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc., with its permission. Page 9 of 15 b. Deductible Clause (1) Our obligation to pay damages on your behalf applies only to the amount of damages for each "occurrence" which are in ex- cess of the deductible amount stated in Section B. Limits of Insurance, 6. Voluntary Prop- erty Damage and Care, Cus- tody or Control Liability Cov- erage of this endorsement. The limits of insurance will not be re- duced_ by the application of such deductible amount. (2) Condition 2. Duties in the Event of Occurrence, Offense, Claim or Suit, applies to each claim or "suit" irrespective of the amount. (3) We may pay any part or all of the deductible amount to affect settlement of any claim or "suit" and, upon notification of the ac- tion taken, you shall promptly reimburse us for such part of the deductible amount as has been paid by us. 7. 180 Day Coverage for Newly Formed or Acquired Organizations SEC`nON ll - WHO IS AN INSURED is amended as follows: Subparagraph a. of paragraph a, is hereby deleted and replaced by the fol- lowing: a. insurance under this provision is af- forded only until the 180th day after you acquire or form the organization or the and of the policy period, whichever Is earlier; 8. Waiver of Subrogation SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS,. 9. Transfer of Rights of Recovery Against Others to Us Is hereby amended by the addition of the following: We waive any right of recovery we may have because of payments we make for injury or damage arising out of your on- going operations or "your work" done un- der a written contract requiring such waiver with that person or organization and included in the "products -completed. operations hazard". However, our rights may only be waived prior to the "occur- rence" giving rise to the injury or damage for which we make payment under this Coverage Part. The insured must do nothing after a toss to impair our rights, At our request, the insured will bring "suit' or transfer those rights to us and help us enforce those rights. 9. Automatic Additional Insured - Speci- fied Relationships a, The following is hereby added to SECTION ti - WHO IS AN INSURED: (1) Any person or organization do- scribed- in Paragraph 9.a.(2) below (hereinafter referred to as additional insured) whom you are required to add as an addi- tional insured under this Cover- age Part by reason of: (a) A written contraot or agreement; or (b) An oral agreement or con- tract where a certificate of insurance showing that per- son or organization as an additional insured has been issued, is an Insured, provided: (a) The written or oral contract or agreement is, - s:1) 1)Currently in effect or becomes effective during the policy pe- riod; and 2) Executed prior to an "occurrence" or offense to which this insurance would: apply; and (b) They are not specifically named as an additional in- sured under any other pro- vision of, or endorsement added to, this Coverage Part. (2) Only the following persons or organizations are additional In- sureds under this endorsement, and insurance coverage pro- vided to such additional in- sureds is limited as provided herein: (a) The manager or lessor of a premises leased to you with whom- you have agreed per Paragraph 9..a.(1) above to provide insurance, but only with respect to liability aris- ing out of the ownership, maintenance or use of that part of a premises leased to you: subject to the following additional. exclusions: This insurance does not apply to: 1) Any "occurrence" which takes place after Includes copyrighted material of Insurance GA 233 02 07 Services office, Inc., with its permission. Page 10 of 15 you cease to be a ten- c) Any physical or ant in that premises. chemical change 2) Structural alterations, in the product made intentionallyby new construction or demolition operations the vendor; performed by or on be- d) Repackaging, un- half of such additional less unpacked insured. solely for the pur- (b) Any person or organization pose of inspection, demonstration, from which you lease equipment with whom you testing, or the have agreed per Paragraph substitution of parts under in- 9.a.(1) above to provide In- structions from the surance. Such person(s) or organization(s) are insureds manufacturer, and solely with respect to their then repackaged In the original liability arising out of the container; maintenance, operation or use by you of equipment 6) Any failure to leased to you by such per- son(s) or organizations(s). make such in- spections, adjust- However, this Insurance ments, tests or does not apply to any "oc- servicing as the currence" which takes place vendor has after the equipment fease agreed to make or expires. normally under- (c) Any person or organization takes to make in the usual courseof (referred to below as ven- business, In dor) wikh whom per you have agreed Paragraoh connection with 9.a.(1) above to provide in- the distribution or sale of the prod- s.urance, but only with re- ' "bodily acts; spect to injury" or "property damage" arising f) Demonstration, in- out of "your products" which stallation, servic- ' are distributed or sold In the ing or repair op- regular course of the von- orations, except dors business, subject to such operations the following adonal. ex- performed at the clusions: vendor's premises 1} The insurance afforded in connection with the sale of the the vendor does not product; apply to: a) 'Bodily injury" or g) Products which, aftesale di tion or "property damage" for which the ven- you have dor Is obligated to been labeled ld or relabeled l used pay damages by reason of the as- as a container, part or Ingredient ity insumc of lct or a contracts of any other thing ae agreement. This or substance by or for the vendor. exclusion does not apply to liability for 2) This insurance does damages that the not apply to any in- vendor would have in the ab- sured person or or- ganization: sence of the con- tract or agree- a) From whom. you ment, have acquired such products, or b) Any express war- any ingredient, ranty unauthorized part or container, by you; entering Into, ac. includes copyrighted material of Insurance GA 233 02 07 Services Offru�, Inc., with Its permission. Page 1 # offs GA 233 Q2 07 cornpanying or 2) This- insurance does containing such not apply to "bodily in- products; or jury", "property dam- b) When liability in- clu:ded within the age" or "personal and advertising injury" aris- " products- completed opera- Ing out of operations performed for the state tions hazard has or political subdivision. been excluded (f} Any person or organization under this Cover. with which you have agreed age part with re- per Paragraph 9.a.(1) spect to such above to provide insurance, products. but only with respect to I!- (d) Any state or political e work" performed for that ability arising out of "your vision with which you.. have agreed per Paragraph additional insured by you or above tc provide m- on your behalf. A person or suraes) urance, subject the fol= organization's status as an insured under this provision towing additional provision: of this endorsement contin- This Insurance applies only ues for only the period of with respect to the following time required by the written hazards for which the state contract or agreement, but or political subdivision has In no event beyond the ex- issued a permit In connec- piration date of this Cover- tion with premises you own, age Part, if there is no rent or control and to which written contract or agree- this insurance applies: ment, or if no period of time is required by the written 1) The existence, mainte- contract or agreement, a nance, repair, con- person or organization's strucdon, erection, or status as an insured under removal of advertising this endorsement ends signs, awnings, cano- when your operations for pies, cellar entrances, that insured are completed., coal holes, driveways, manholes, marquees, (3) Any Insurance provided to an hoist away openings, additional insured designated sidewalk vaults, street under Paragraph 9.a.(2): banners, or decora- tions and similar expo- (a) Subparagraphs (e) and (f} "bodily sures; or does not apply to injury" or "property damage" 2) The construction, erec- included within the "prod- tion, or removal of ele- ucts-completed operations vators; or hazard"; 3) The ownership, main- (b) Subparagraphs (a), (b), (d), tenance, or use of any (e) and (f) does not apply to elevators covered by bodily injury", "property thisinsurance. damage" or "personal and (e) Any state or political subdi- advertising injury" arising out of the sole negligence vision with which you have or willful misconduct of the agreed per Paragraph additional insured or their 9.a.(1) above to provide in- agents, "employees" or any surance, subject to the fol- other representative of the lowing provisions: additional insured; or 1) This Insurance applies (c) Subparagraph (t) does not only with respect to op- apply to "bodily injury", erations performed by "property damage" or "per - you or on your behalf sonal and advertising injury" for which the state or arising out of, political subdivision has ) g Defects in. design fur- nished a permit. ( nished by or on behalf Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 12- of 15 of the additional in- spects any other insurance sured; or policy Issued to the add! - 2) The rendering of, or tranal insured, and such other insurance policy shall failure to render, any professional architec- be excess and / or noncon- turaf, engineering or tributing, whichever applies, with this Insurance. surveying services, in- cluding: (b) Any insurance provided by a) The preparing, this endorsement shall be primary to other insurance approving or fait- Ing to available to the additional prepare or insured except: approve maps, shop drawings, 1) As otherwise provided opinions, reports, in SECTION IV - surveys, field or- COMMERCIAL GEN- ders, change or- ERAL LIABILITY ders or drawings CONDITIONS, 6. Other and specifications; Insurance, b. Excess and Insurance; or b) Supervisory, in- 2) For any other valid and spection, archi- collectible insurance tectural or engi- available to the addi- neering activities. tional insured as an 3) "Your work" for which a additional insured by attachment of an en - consolidated (wrap-up) insurance program has dorsement to another been provided by the insurance policy that is primecontractor-project written on an excess basis. In such case, manager or owner of the construction project the coverage providedunder in which you are in- this endorse - ment shall also be ex - valved, cess. b. Only with regard to Insurance pro- (2) Condition 11. Conformance to vided to an additional insured desig- nated under Paragraph 9.a.(2 Sub- Specific Written Contract or (# above, SECTION I - LIMITS OF INSURANCE is Agreement Is hereby added:paragraph amended 11. Conformance to Specific to include: Written Contract or The limits applicable to the additional Agreement Insured are those specified in the With respect to additional written contract or agreement or in insureds described in Para - the Declarations of this Coverage graph 9.a.(2)(f) above only: Part, whichever are less. If no limits are specified in the written contract If a written contract or or agreement, or if there is no written agreement between you contract or agreement, the limits ap- and the additional insured to the additional Insured are lose specifies that coverage for those specified in the Declarations of the additional insured: this Coverage Part. The limits of in- surance are inclusive of and not in a. Be provided b the in- addition to the limits of insurance shown in the Declarations. surance Services Of - fice additional insured form number CG 20 10 c. SECTION IV - COMMERCIAL GEN- or CG 20 37 (where ERAL LIABILITY CONDITIONS is edition specified); or hereby amended as follows: b, Include coverage for (i.) Condition 6. Other Insurance Is completed operations; amended to Include: or (a) Where required by a written c. Include coverage for contract or agreement, this "your work"; Insurance is primary and / and where the limits or cov- erage provided to the add! - Includes copyrighted material of Insurance GA 233 02 07 Services Office, tne., with its permission, Page 13 0 15 tional insured is more re- strio0e than was specifi- cally required in that written contract or agreement, the terms of Paragraphs 9.a.(3)(a), 9.a.(3)(b) or 9.b, above, or any combination thereof, shall be interpreted as providing the limits or coverage required by the terms of the written contract or agreement, but only to the extent that -such limits or coverage is included within the terms of the Coverage Part to which this endorse- ment is attached, if, how- ever, the written contract. or agreement specifies the In- surance Services Office additional insured. form number CG 20 10 but does not specify which edition, or specifies an edition that does not exist, Paragraphs 9.a.(3)(a) and 9.a.(3)(b) of Ibis endorsement shall not apply and Paragraph 9.b. of this endorsement shall ap- ply. 10. Broadened Contractual Liability - Work Within 50' of Railroad Property It is hereby agreed that Paragraph L(y) of Definition 12. "Insured contract" (SEC- TION V - DEFINITiONS) is deleted, 11. Property Damage to Borrowed Equip- ment a. The following is hereby added to Ex- clusion j. Damage to Property of Paragraph 2., Exclusions of SEC- TiON I - COVERAGES, COVERAGE A. BODILY INJURY AND PROP- ERTY DAMAGE LIABILITY: Paragraphs (3) and (4) of this exclu- sion do not apply to tools or equip- ment loaned to you, provided they are not being used to perform opera- tions at the time of loss. b. With respect to the insurance pro- vided by this section of the en- dorsement, the following additional provisions apply: (1) The Limits of insurance shown in the Declarations are replaced by the limits des[hated In Sec- tion. B. Limits of insurance, 11, of this endorsement with respect to coverage provided by this endorsement, These limits are Inclusive of and not in addition to the limits being replaced. The Limits of Insurance shown in Section B. Limits of Insurance, 11. of this endorsement fix the most we will pay in any one "oc- currence" regardless of the number of: (a) Insureds; (b) Claims made or "suits" brought; or (c) Persons or organizations making claims or bring suits . (2) Deductible Clause (a) Our obligation to pay dam- ages on your behalf applies only to the amount of dam. ages for each "occurrence" which are in excess of the Deductible amount stated in Section B'Limits of Insur- ance, 11. of this endorse- ment. The limits of insur- ance will not be reduced by the application of such De- ductible amount. (b) Condition 2. Duties in the Event of Occurrence, Of- fense, Claim or Suit, ap- piies to each claim or "suit" irrespective of the amount. (c) We may pay any part or all of the deductible amount to effect settlement of any claim or "suit" and, upon notification of the action taken, you shall promptly reimburse us for such part of the deductible amount as has been paid by us. 12. Employees as Insureds - Specified Health Care Services It Is hereby agreed that Paragraph 2.a.(1}(d) of SECTION Ii - WHO IS AN INSU ED, does not appl to your "em- ployees" who provide professional. health care services on your behalf as duly li- censed: a. Nurses; b. Emergency Medical Technicians; or c. Paramedics, in the jurisdiction where an "occurrence" or offense to which this insurance applies takes place, 13. Broadened Notice of Occurrence Paragraph a. of Condition 2, Duties in the Event of Occurrence, Offense, Claim or Suit (SECTION IV - COMMER- CIAL GENERAL LIABILITY CONDI- Includes copyrighted material of insurance GA 233 02 07 Services Office, Inc,, with its permission. Page 14 of 15 TIONS) is hereby deleted and replaced (2) The names and addresses of by the following: any injured persons and wit- a, Y04 must see to it that we are noti- nesses; and fled as soon as practicable of an (3) The nature and location of any "occurrence" or an offense which Injury or damagearising out of may result in a claim. To the extent the occurrence or offense. possible, notice should include: This requirement applies only when (1) }how, when and where the "oc- the "occurrence" or offense isknown currence" or offense took place; to an "authorized representative". Includes copyrighted material of insurance GAS. 233 02 07 Services Office, Inc., with its permission, page 16 of 15 Login_ i Public Contractor I Search PERMITS LICENSE PUBLIC WORKS VIOLATIONS ELEVATORS rage i or 1 Public Works Search v(-) Search Again Download Results Printable View Company Name License Number Work Cateclory(s) Paul Construction, Inc. PWC -C-10495 02319, 02850, 03300, 02310, 02740, 02500, 02855, 03900, 02220 First PrevPage: 1 of 1Pleat La s t j Details - License Number: PWC -C-10495 - Lic Info Registration#: PWC -C-10495 Issue: 2/6/2014 Expire: 1/31/2015 Type: PUBLIC WORKS Sub -Type: AA Status: ACTIVE Comp/Name: Paul Construction, Inc. Addressl : PO Box 1117 City, State, Zip: MERIDIAN, ID 83680 Phone: (208) 466-2953 Cell: (208) 890-0805 Pager: Fax: (208) 465-9013 Owner Name: Home I CONTACT US f crreredb� (, 1 YSYS'Yh4S I, I https://data.dbs.idaho.gov/ctrakit2/Idaho PublicWorksSearchRslts.aspx 4/10/2014 4 IDAHO SECRETARY OF STATEBusinessViewing Ben Ysursa, Secretary of State [ New Search ] [ Back to Summary ] [ Get a certificate of existence for PAUL CONSTRUCTION INC. ] PO BOX 1117 MERIDIAN, ID 83680 Type of Business: CORPORATION, GENERAL BUSINESS Status: GOODSTANDING, 2ND AR NOTICE SENT 08 Jan 2014 State of Origin: IDAHO Date of 27 Dec 1999 Origination/Authorization: Initial Registered Agent: JAMES L PAUL 16429 MCDERMOTT RD NAMPA, ID 83680 Organizational ID / Filing C131869 Number: Number of Authorized Stock 100 Shares: Date of Last Annual Report: 13 Jan 2014 [ Help Me Print/View TIFF ] Filed 27 Dec 1999 INCORPORATION View Image (PDF format) View Image (TIFF format) Report for year 2013 ANNUAL REPORT Report for year 2012 ANNUAL REPORT Report for year 2011 ANNUAL REPORT Report for year 2010 ANNUAL REPORT Report for year 2009 ANNUAL REPORT Report for year 2008 ANNUAL REPORT Report for year 2007 ANNUAL REPORT Report for year 2006 ANNUAL REPORT Report for year 2005 ANNUAL REPORT Report for year 2004 ANNUAL REPORT Report for year 2003 ANNUAL [ Help Me Print/View TIFF ] View Document Online View Document Online View Document Online View Document Online View Document Online View Image (PDF format) View Image (TIFF format) View Document Online View Image (PDF format) View Image (TIFF format) View Image (PDF format) View Image (TIFF format) View Image (PDF format) View Image (TIFF format) View Image (PDF format) View http://www.accessidaho.org/public/sos/corp/C131869.html 4/10/2014 .0 Report for year 2002 ANNUAL REPORT Report for year 2001 ANNUAL REPORT Report for year 2001 ANNUAL REPORT Idaho Secretary of State's Main Page Image TIFF format) View Image (PDF format) View Image (TIFF format) View Image (PDF format) View Image (TIFF format) View Image (PDF format) View Image (TIFF format) State of Idaho Home Page Comments, questions or suggestions can be emailed to: sosinfo@sos.idaho.gov http://www.accessidaho.org/public/sos/corp/C131869.html 4/10/2014 J .A I I•I 1 •t DATE: May • 2014 ITEM NUMBER: 94, ASMIXAMMIJ Ordinance No. I � - 107) : An Ordinance (AZ 13-012 - Sagewood Subdivision) For Annexation Of A Parcel Of Land Located In The NW'/4 Of Section 24, Township 3 North, Range 1 West, Boise, Meridian, Ada County, Idaho, Establishing And Determining The Land Use Zoning Classification Of Said Lands From RUT And R-1 To L -O (Limited Office District) And R-8 (Medium Density Residential District) In The Meridian City Code; And Providing An Effective Date MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS ADA COUNTY RECORDER Christopher D. Rich AMOUNT .00 f BOISE IDAHO 05108114 09:35 AM DEPUTY Bonnie Oberbillig III IIIIIIIIIIIIIIIIIIIIIIIIIIIII II III RECORDED -REQUEST OF 114034776 Meridian City CITY OF MERIDIAN ORDINANCE NO. 14- /& 03 BY THE CITY COUNCIL: BIRD, BORTON, CAVENER MILAM, ROUNTREE, ZAREMBA AN ORDINANCE (AZ 13-012 — SAGEWOOD SUBDIVISION) FOR ANNEXATION OF A PARCEL OF LAND LOCATED IN THE NW % OF SECTION 24, TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE, MERIDIAN, ADA COUNTY, IDAHO, AS DESCRIBED IN ATTACHMENT "A" AND ANNEXING CERTAIN LANDS AND TERRITORY, SITUATED IN ADA COUNTY, IDAHO, AND ADJACENT AND CONTIGUOUS TO THE CORPORATE LIMITS OF THE CITY OF MERIDIAN AS REQUESTED BY THE CITY OF MERIDIAN; ESTABLISHING AND DETERMINING THE LAND USE ZONING CLASSIFICATION OF SAID LANDS FROM RUT AND R-1 TO L -O (LIMITED OFFICE DISTRICT) AND R-8 (MEDIUM DENSITY RESIDENTIAL DISTRICT) IN THE MERIDIAN CITY CODE; PROVIDING THAT COPIES OF THIS ORDINANCE SHALL BE FILED WITH THE ADA COUNTY ASSESSOR, THE ADA COUNTY RECORDER, AND THE IDAHO STATE TAX COMMISSION, AS REQUIRED BY LAW; AND PROVIDING FOR A SUMMARY OF THE ORDINANCE; AND PROVIDING FOR A WAIVER OF THE READING RULES; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1. That the following described land as evidenced by attached Legal Description herein incorporated by reference as Exhibit "A" are within the corporate limits of the City of Meridian, Idaho, and that the City of Meridian has received a written request for annexation and re- zoning by the owner of said property, to -wit: Sagewood Overland, LLC and Dexter King. SECTION 2. That the above-described real property is hereby annexed and re -zoned from RUT and R-1 to L -O (Limited Office District) and R-8 (Medium Density Residential District), in the Meridian City Code. SECTION 3. That the City has authority pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian to annex and zone said property. SECTION 4. That the City has complied with all the noticing requirements pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian to annex and re -zone said property. ANNEXATION — SAGEWOOD SUBDIVISION (AZ 13-012) Page 1 of 3 SECTION 5. That the City Engineer is hereby directed to alter all use and area maps as well as the official zoning maps, and all official maps depicting the boundaries and the zoning districts of the City of Meridian in accordance with this ordinance. SECTION 6. All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. SECTION 7. This ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. SECTION 8. The Clerk of the City of Meridian shall, within ten (10) days following the effective date of this ordinance, duly file a certified copy of this ordinance and a map prepared in a draftsman manner, including the lands herein rezoned, with the following officials of the County of Ada, State of Idaho, to -wit: the Recorder, Auditor, Treasurer and Assessor and shall also file simultaneously a certified copy of this ordinance and map with the State Tax Commission of the State of Idaho. SECTION 9. That pursuant to the affirmative vote of one-half (1/2) plus one (1) of the Members of the full Council, the rule requiring two (2) separate readings by title and one (1) reading in full be, and the same is hereby, dispensed with, and accordingly, this Ordinance shall be in full force and effect upon its passage, approval and publication. PASSED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this day of , 2014. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this day of , 2014. 61 ATTEST: MAYOR4,6,,MMY de WEERD ;t8i> ss 4`C.G� r, �s �W City of IDTA.Nt- IpAHO JAYCEEL,. HOLMAN, CITY r� RK ANNEXATION — SAGEWOOD SUBDIVISION (AZ 13-012) Page 2 of 3 STATE OF IDAHO, ) ss: County of Ada ) On this --�— day of Q a� , 2014, before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY de WEERD and JAYCEE L. HOLMAN, known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. •1GA Jp�•.• $S it Ajj' (SEAL�'a'� $ • �•.;1'E OF �� •..rte"4 NO ARY PUBLIC FOR I AHO RESIDING AT: HPXk d 1 MY COMMISSION EXPIRES: ANNEXATION — SAGEWOOD SUBDIVISION (AZ 13-012) Page 3 of 3 NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.C. § 50-901(A) CITY OF MERIDIAN ORDINANCE NO. 14 - PROVIDING FOR ANNEXATION AND ZONING ORDINANCE An Ordinance of the City of Meridian granting annexation and zoning for a parcel of land located in the NW '/4 of Section 24, Township 3 North, Range 1 West, Boise, Ada County, Idaho. This parcel contains 16.34 acres more or less. Also, this parcel is SUBJECT TO all easements and rights-of-way of record or implied. As surveyed in attached exhibit `B" and is not based on an actual field survey. A full text of this ordinance is available for inspection at City Hall, City of Meridian, 33 East Broadway Avenue, Meridian, Idaho. This ordinance shall become effective on the day of .2014. City of Meridian Mayor and City Council By: Jaycee L. Holman, City Clerk First Reading: Adopted after first reading by suspension of the Rule as allowed pursuant to Idaho Code §50-902: YES NO Second Reading: Third Reading: STATEMENT OF MERIDIAN CITY ATTORNEY AS TO ADEQUACY OF SUMMARY OF ORDINANCE NO. 14 - The undersigned, William L.M. Nary, City Attorney of the City of Meridian, Idaho, hereby certifies that he is the legal advisor of the City and has reviewed a copy of the attached Ordinance No. 14- of the City of Meridian, Idaho, and has found the same to be true and complete and provides adequate notice to the public pursuant to Idaho Code § 50-901A (3). DATED this day of , 2014. William. L.M. Nary City Attorney ORDINANCE SUMMARY - SAGEWOOD SUBDIVISION (AZ 13-012) Legal Description EXHIBIT A DESCRIPTION FOR 1-0 ZONE PROPOSED SAGEWOOD SUBDIVISION August 13, 2013 A parcel of land located in the NW 1/. of Section 24, '1'. 3 N., It I W., B.M., Ada County, Idaho, more particularly described as lbllaws: Commencing at the N %+ corner of the said Section 24, from which the NW confer of said section bears North 89°07122" West, 2655.69 lett; thence along the north boundary of the NW V, of said section North 89°07'22" West, 677.82 feet to a point on the prolongation of the westerly boundary of Freedomworks Subdivision, as shown in Book 103 of Pints on Page 13910, records of Ada County, Idaho, the POINT OF BEGINNING; feet; Thence along said westerly boundary and prolongation thereof South 00°41'28" West, 337.43 'thence North 89000'00" West, 648.76 feet; Thcnce Noiih 00°54'09" East, 7.31 feet; Thence North 00°28'27" East, 328.74 feet to a 5/8 inch diameter iron Pin on the north boundary /'1 of the NW V4 of said Section 24; Thence along said north boundary South 89°07'22" East, 649.97 feet the POINT OF BEGINNING. Containing 5.02 acres, more or less. 120726-L-O.des.docx Sage%vood Subdivision — AZ -13-012 EXHIBIT A DESCRIPTION FOR R-8 ZONE PROPOSED SAGEWOOD SUBDIVISION August 13, 2013 A parcel of land located in the NW %+ of Section 24, T. 3N., R I W., B.M., Ada County, Idaho, more particularly described as follows: Commencing at the N % corner of the said Section 24, from which the NW corer of said section bents North 89°07'22" West, 2655.69 feet; thence along the 111111 boundary of the NW'/, of said section North 89°07'22" West, 677,82 feet to a point on the prolongation of the westerly boundary of FreedornworRs Subdivision, as shown in Book 103 of Plats on Page 13910, records of Ada County, Idaho; thence leaving said north boundary and along said westerly boundary and prolongation thereof South 00°41'28" West, 337.43 feet to the POINT OF BEGINNING; Thence Continuing South 00°41'28" West along said westerly boundary and prolongation therenl' 763.50 feet to a 5/8 inch diameter iron pin; Thence North 88'1313311 West, 186.951'ect to a.5/8 inch diameter iron pill; Thence North 87056'19" West, 464.74 feet to a point being witnessed by a 5/8 inch diameter iron pin that bears Soutil 87°56' 19" East, 3.00 feet; r-1 Thence North 00°54'09" Fast, 752.35 feel; Thence South 89°00'00" Gast, 648,76 feet to the POINT OF BEGINNINt.. Containing 11.32 acres, more or less. 120726-11-8.desAux Sage�vood Subdivision—AL-13-012 EXHIBITO BASIS OF BEARING N 89'07'22' W 2655.69' W OVERLAND Rpgp�.._�.,_ , 132T.9�649,97' 677.82 WI L�0 20NEBEGiNNING �+ b� dry JI Mo o L-0 ZONE` 01 f41 zi 5.02 ACRES NI jzn ( �+ —SI9��0_0. 648.76' 3 POINT OF BEGINNING 'I R-8 ZONE r �b wi **$r R--8 ZONE 1 Si 11.32 ACRES r z � ! nr 1 , r r r , r , +N 87'18" W+' i`64.74' �N SAT J3" W \ 186.95' SCALE 1 "-200' DYYG•OA1f 08/13/f3 PROPOSED ANNEXATION & REZONE ENGINEERING P=. W. 120728 SAGEWOOD SUBDIVISION SHEEP SaLUTIQNS 1 OF 1 LOCATED SECTIONS 28 do 33 1029. N. ROSARIO ST., STE. too 120726 -RE? NE. bpb T.4N., RAW., S.M. MERIDIAN, ADA COUNTY, IDAHO MERIDIAN, IWWO SJ642 Phone (209) 13e-0980 fex (208) 938-0041 Sigewood Subdivision— A'Z-13-012 NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.C. § 50-901(A) CITY OF MERIDIAN ORDINANCE NO. 14- C PROVIDING FOR ANNEXATION AND ZONING ORDINANCE An Ordinance of the City of Meridian granting annexation and zoning for a parcel of land located in the NW '/a of Section 24, Township 3 North, Range 1 West, Boise, Ada County, Idaho. This parcel contains 16.34 acres more or less. Also, this parcel is SUBJECT TO all easements and rights-of-way of record or implied. As surveyed in attached exhibit `B" and is not based on an actual field survey. A full text of this ordinance is available for inspection at City Hall, City of Meridian, 33 East Broadway Avenue, Meridian, Idaho. This ordinance shall become effective on the _J�L day of 2014. City of Meridian Mayor and City Council By: Jaycee L. Holman, City Cleric First Reading: z Adopted after first reading by suspension of the Rule as allowed pursuant to Idaho Code §50-902: YES ' NO Second Reading: Third Reading: STATEMENT OF MERIDIAN CITY ATTORNEY AS TO ADEQUACY OF SUMMARY OF ORDINANCE NO. 14- 1 , -n 03 The undersigned, William L.M. Nary, City Attorney of the City of Meridian, Idaho, hereby certifies that he is the legal advisor of the City and has reviewed a copy of the attached Ordinance No. 14- j'�, 03 of the City of Meridian, Idaho, and has found the same to be true and complete and provides adequate notice to the public pursuant to Idaho Code § 50-901A (3). DATED this day of , 2014. William. L.M. Nary City Attorney ORDINANCE SUMMARY — SAGEWOOD SUBDIVISION (AZ 13-012) DATE: May 6, 2014 ITEM NUMBER: • ITEM TITLE: ORDINANCE NO. Ordinance No. - l u Q : An Ordinance (AZ 13-016 - Southern Highlands) For Annexation Of A Parcel Situated In A Portion Of Section 32, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, More Particularly Described As Lots 16 And 24, Block 1, A Portion Of Lot 1, Block 4, A Portion Of Lot 1, Block 5, And A Portion Of Lot 1, Block 6 Of Blackrock Subdivision No. 1, And A Portion Of S. Eagle Road And E. Taconic Drive Right -Of -Ways, Determining The Land Use Zoning Classification Of Said Lands From RUT To R-4 (Medium Low Density Residential District) In The Meridian City Code; And Providing For A Waiver Of The Reading Rules; And Providing An Effective Date. MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes C1��71C11• ► _ • DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS ADA COUNTY RECORDER Christopher D. Rich AMOUNT .00 11 BOISE IDAHO 05/05/14 09:35 AM DEPUTY Bonnie llig III IIIIIIIIIIIIIIIIIIIIIIIIIIIII�I III RECORDED -REQUEST OF Meridian City 114034775 CITY OF MERIDIAN ORDINANCE NO. BY THE CITY COUNCIL: BIRD, BORTON, CAVENER, MILAM, ROUNTREE, ZAREMBA AN ORDINANCE (AZ 13-016 — SOUTHERN HIGHLANDS) FOR ANNEXATION OF A PARCEL SITUATED IN A PORTION OF SECTION 32, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO, MORE PARTICULARLY DESCRIBED AS LOTS 16 AND 24, BLOCK 1, A PORTION OF LOT 1, BLOCK 4, A PORTION OF LOT 1, BLOCK 5, AND A PORTION OF LOT 1, BLOCK 6 OF BLACKROCK SUBDIVISION NO. 1, ON FILE IN THE OFFICE OF THE RECORDER, ADA COUNTY, IDAHO IN BOOK 96, PAGES 12003-12008, AND A PORTION OF S. EAGLE ROAD AND E. TACONIC DRIVE RIGHT-OF-WAYS, THE EXTERIOR BOUNDARY OF WHICH IS MORE PARTICULARLY DESCRIBED IN ATTACHMENT "A" AND ANNEXING CERTAIN LANDS AND TERRITORY, SITUATED IN ADA COUNTY, IDAHO, AND ADJACENT AND CONTIGUOUS TO THE CORPORATE LIMITS OF THE CITY OF MERIDIAN AS REQUESTED BY THE CITY OF MERIDIAN, ESTABLISHING AND DETERMINING THE LAND USE ZONING CLASSIFICATION OF SAID LANDS FROM RUT TO R-4 (MEDIUM LOW DENSITY RESIDENTIAL DISTRICT) IN THE MERIDIAN CITY CODE; PROVIDING THAT COPIES OF THIS ORDINANCE SHALL BE FILED WITH THE ADA COUNTY ASSESSOR, THE ADA COUNTY RECORDER, AND THE IDAHO STATE TAX COMMISSION, AS REQUIRED BY LAW; AND PROVIDING FOR A SUMMARY OF THE ORDINANCE; AND PROVIDING FOR A WAIVER OF THE READING RULES; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1. That the following described land as evidenced by attached Legal Description herein incorporated by reference as Exhibit "A are within the corporate limits of the City of Meridian, Idaho, and that the City of Meridian has received a written request for annexation and re- zoning by the owner of said property, to -wit: BHH Investments I, LLC. SECTION 2. That the above-described real property is hereby annexed and re -zoned from RUT to R-4 (Medium -Low Density Residential District) in the Meridian City Code. SECTION 3. That the City has authority pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian to annex and zone said property. SECTION 4. That the City has complied with all the noticing requirements pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian to annex and re -zone said property. ANNEXATION — SOUTHERN HIGHLANDS (AZ 13-016) Page 1 of 3 SECTION 5. That the City Engineer is hereby directed to alter all use and area maps as well as the official zoning maps, and all official maps depicting the boundaries and the zoning districts of the City of Meridian in accordance with this ordinance. SECTION 6. All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. SECTION 7. This ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. SECTION 8. The Clerk of the City of Meridian shall, within ten (10) days following the effective date of this ordinance, duly file a certified copy of this ordinance and a map prepared in a draftsman manner, including the lands herein rezoned, with the following officials of the County of Ada, State of Idaho, to -wit: the Recorder, Auditor, Treasurer and Assessor and shall also file simultaneously a certified copy of this ordinance and map with the State Tax Commission of the State of Idaho. SECTION 9. That pursuant to the affirmative vote of one-half (1/2) plus one (1) of the Members of the full Council, the rule requiring two (2) separate readings by title and one (1) reading in full be, and the same is hereby, dispensed with, and accordingly, this Ordinance shall be in full force and effect upon its passage, approval and publication. PASSED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this _ day of '} Cr-- , 2014. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this Lday of , 2014. l MAY AMMY de WEERD ATTEST: JAYCEE 'lE E. HOLMAN, CITY �O�zA o Usr �v �o % w ' KIDIAN .'9�,' .�h t w ANNEXATION — SOUTHERN HIGHLANDS (AZ43-016) Page 2 of 3 STATE OF IDAHO, ) ss: County of Ada ) On this t o day of " , 2014, before me, the undersigned, a Notary Public in and for said State, personally appe red TAMMY de WEERD and JAYCEE L. HOLMAN, known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. .••ZCA Jp••• (SEAL). ��N: NOTARY PUBLIC FOR IDAn RESIDING AT: MY COMMISSION EXPIRES: q, A) -'�>0 ANNEXATION — SOUTHERN HIGHLANDS (AZ 13-016) Page 3 of 3 EXHIBIT A T•D ENGINEERS CONSULTING ENGINEERS, SURVEYORS AND PLANNERS 332 N. 8ROAOMORE WAY SUITE 101 NAIAPA.. IDAHO 83887 208.412,6300. FAX 208.488-0944 Project: 130164 Date: December 19, 2013 Page: 1 of 2 SOUTHERN HIGHLANDS SUBDIVISION R-2 ANIVE'XATION B0UNDARY This parcel is situated in a portion of Section 32, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, more particularly described as Lot 24, Block 1, a portion of Lot 16, Block 1, a portion of Lot 1, Block 5, and a portion of Loi 1, Block 6 of Blackrock Subdivision No. 1, on file in the office of the Recorder, Ada County, Idaho, in Book 96, Pages 12003-12008, and a portion of S. Eagle Road and E. Taconic Drive Right -of -Ways, ilia exterior boundary of Which is more particularly described as follows: BEGINNING atthe northeast corner of the SE 114 of said Section 32 from Which the northeast comer of said Section 32 bears N.001 13'1 5"E., 2677.52 feet; thence along the cast houndaq of said SEI/4, A) S.00°13'44"W., 142.17 feet. to the intersection of the centerline of said E. Taconic Drive; thence along said centerline, 1) N.89°48'38"W., 528.23 feet to a tangent point of curvature; thence continuing along a curve to the right, 2) having an arc length of 268.04 feet, a radius of 750.00 fret, through a central angle of 20°28'36" and a chord bearing of N.79°34'20"W., 266.61 feet to a tangent point of reverse curvature; thence continuing along a curve to the left, 3) having an arc length of 266.17 feet, a radius of 750.00 feet, through a central angle of 20°20'03" and a chord bearing of N.79°30'03"W., 264.78 feel to a point of tangency; thence continuing, 4) N.89040'05"W., 655.34 feet; thence leaving said centerline, 5) N.00°00'00"E., 57.57 feet to the southwest comer of the parcel described in Warranty Decd Instrument No. 107170774, on file in the office of the Recorder, Ada County, Idaho; thence along the west boundary of said parcel, 6) N.00°00'00"E., l 10.00 feet to the northwest comer of said parcel; thence along the north boundary of said parcel. 7) N.90°00'00"E., 24.00 feet; thence leaving said north boundary, BOISE • COEUR d'ALENE 9 NAMPA EXHIBIT A • 'T -C7 ENGINrEEAS CONSULTING ENGINEERS, SURVEYORS AND PLANNERS 332 N. BROADM10REYVAYSUrtE 101 KAMP& IOANO 136117 209.442.6300 • FAx 208-4E"44 Project: 130164 Date: December 19, 2013 Page: 1 of 3 SOUTHERN HIGHLAAIDS SUBDIVISION R-4 ANNEAATION BOUNDARY This parcel is situated in a portion of Section 32, Township 3 North, Range I East, Boise Meridian, Ada Couniv, Idaho, more particularly described as a portion of Lot 16, Block I and a portion of Lot I, Block 4 of Blackrock Subdivision No. 1, on file in the office of the Recorder, Ada County, Idaho, in Book 96, Pages 12003-12008, and a portion of E. Taconic Drive Right -of - Way, the exterior boundary of which is more particularly described as follows: BEGINNING at the northwest coater of the SE 114 of the NW 1/4 of said Section 32; thence along the north boundary of said SEI /4 of the NW 114, A) S.89°43'51"E., 1335.91 feet to the northwest corner of the SW 1/4 of the N E 114 of said Section 32; thence along the north boundary of said SW 114 of the NE 1/4, /" 1% 1) S.89041'56"E., 715.45 feet; thence leaving said north boundary, 2) S.I5°32'28"E., 958.42 feet; thence, 3) S.00° 19'55"W., 298.15 feet to a point on the north boundary of the parcel described in 1Varranty Deed Instrument No. 107 t70774, on file in the office of the Recorder, Ada County, Idaho; thence along said north boundary, 4) N.90°00'00"W.. 24.00 feet to the northwest comer of said parcel; thence along the west boundary of said parcel, 5) S.00°00'00"E.,110.00 feet to the southwest confer of said parcel; thence along the southerly extension of said west boundary, 6) S.00°00'00"E., 57.57 feet to a point on the centerline of E. Taconic Drive; thence along said centerline, 7) N.89°40'05"W., 147.17 feet to a tangent point of curvature; thence continuing along a curve to the lell, 8) having an arc length of 409.39 feet, a radius of 500.00 feet, through a central angle of 46°54'46" and a chord bearing of S.66°52'32"W., 398.05 feet to a point of tangency; thence continuing, BOISE • COEUR d' ALENE . NAMPA Q0 EXHIBIT A Project: 130164 Date: December 11, 2013 Page: 2 of 3 9) 5.4302509"W., 584.72 feet; thence leaving said centerline, 10)N.46.34'5 1"W., 25.00 feet to the most easterly comer of Lot 23, Block 1 of aforementioned Blackrock Subdivision Aro. 1; thence along the northeasterly boundary of said Lot 23, 11) N.46°34'51"W., 190.00 feet to the easterly corner common to Lots 22 and 23, Block I of said Blackrock Subdivision No. 1; thence along the northeasterly boundary of .said Lot 22, 12) N.74°49'32"W.. 192.98 feet to the easterly corner common to Lots 21 and 22, Block I of said Blackrock Subdivision No. l; thence along the northeasterly boundary of said Lot 21., 13) N.63-50'1 T -W., 178.01 feet to the easterly corner common to Lots 20 and 21, Block 1 of said Blackrock Subdivision No, 1; thence along the northeasterly boundary of said Lot 20, 14) N.37°30'04"W., 172.16 feet to the easterly corner common to Lots 19 and 20, Block 1 of said Blackrock Subdivision No. 1; thence along the northeasterly boundary of said Lot 19, r.0%, 15) N.41 °47'50"W., 170.59 feet to the easterly corner common to Lots 18 and 19, Block 1 of said Blackrock Subdivision No. 1; thence along the northeasterly boundary of said Lot 18, 16) N.57° 19'56"W., 173.04 fect to die easterly corner common to Lots 17 and 18, Block 1 of said Blackrock Subdivision No. 1; thence along the northeasterly boundary of said Lot 17, 17) N.36°45'50"W., 172.53 feet to the most northerly corner of said Lot 17; Thence along the northwesterly boundary of said Lot 17, 18) 5.46034'38"W., 161.81 feet to the most westerly corner of said Lot 17; thence, 19)S.65'59'30"W., 50.05 feet to the northeast comer of Lot 15, Block 1 of said Blackrock Subdivision No, t; thence along the north boundary of said Lot 15, 20) 5.89°49'48" W., 235.10 feet to the northeast comer of Lot 10, Block 1 of said Blackrock Subdivision No, l; thence along (lie north boundar; BOISE a COEUR d'ALENE 0 NAMPA EXHIBIT A Project: 130164 Date: December 11, 2013 Page: 3 of 3 21) S.89°49'48"W., 20.00 feet to the northwest corner of said Lot 10, said point Wing on the west boundary of the NE 1/4 of the SW 1/4 of said Section 32; thence along said west boundary, 22) N.00°10' 12"W., 2.24 feet to the southwest corner of the SE 1/4 of the NW 1/4 of said Section 32; thence along the west boundary of said SE 1/4 of the NW 1/4, 23)N.00°53'12"13., 1337.41 feet to the POINT OF BEGINNING. CONTAINING 79.70 acres, more or less. BOISE • COEUR d'ALENE • NAMPA, rxTJIBJT s 0 in Q R° 5' SJ o W g' cqm g �i $ .^. � x �� 1•- tT`,, o � � n „' � to 3.Z t,£4.00N B Ll A �� gtF �\G z !!+i J Z 0 O � s iif 14 W oa s �o rN 6.;tl.5 in L)1Q�`d SA zx ►.W a l �Q > !7 s �' 0 .ter ��t I `�� �� 000 z� J O tj 5,� zz 01 ud ��% � OI �711Y'IdtiFl u 5 "lIH T H Z � N O N q ►7 N N N � v � N � k � •O ��y r�� J J J J J J J Cwt m rn q ►7 N N N � v � N R-2 ANNEXATION BOUNDARY EXHIBIT SOUTHERN HIGHLANDS SUBDIVISION A PORTION OE BLACKROCK SUBDIVISION NO.1 SITUATED IN ATORTION OF SECTION 33, TOWNSHIP 3 NORTH, RANGE i EAST, BOISE MERIDIAN ADA COUNTY, IDAHO 1'A' 7r o 107 307 POAY7 MAW SMVINOr NOW C -N 1/76 S89'41'58"E 1002.98_ 1 1 �t N �1 N t il�0A �1� 1 OQ'NA 1 � NLb OL U"r-3W 29 28 32 33 I POINT OF BEGINNING �— LOT 1. � I BUICK S 7Ct` b N89'48'38'1Y 28 114 J LOT L BLOCK 6 SHEET 1 OF 2 1 LOT 24 BLOCK 1 L4 SM. DEMIL *A' PORTION OF LOTS SHEET 2 OP 2 16 & 24, BLOCK 1 1 1 IYARRAWY DEED INST. 1 t07170774 _Tfl. _ LACONIC RR;--:_ _� N89'40'05i 655.34' 43 POINT OF BEGINNING �— LOT 1. � I BUICK S 7Ct` b N89'48'38'1Y 28 114 J LOT L BLOCK 6 SHEET 1 OF 2 r1 y-11-13L�r 13 R-2 ANNEXATION BOUNDARY EXHIBIT SOUTHERN 1416HLANDS SUBDIVISION A PORTION OF BLACKROCK SUBDIVISION NO. 1 SITUATED IN A PORTION OF SECTION 33, TOWNSHIP 3 NORTH, RANGE 1 EAST. BOISE XIERIDEAN to ADA COUNTY. IDAHO 31 Q m 52 s 1 O/ :IORiH BOUN1)dkY NW CCRNER a q��y p® NO.WNLO10 1DEED70774 L4 Z W. 107370774 --------------------i y I e A. v I I I I r r 5 I •7.: ` t sw CCMIR r I wARPAW DEED r 110. 107170774 i _ I z� Y _ N89'40'05V DEI'AEE. "A" SCaIEr i' - GO' 3 i 4 .. ENSp `q3� � � T -O ENGINEERS ,x911// F Cpl 332 N. BROADMORE WAY NAMPA, IDAHO 83687.5123 C STR %G PHONE: (200) 442-6300 FAX: (208) 486-0944 u ELLE ,341644-i11•MIU-A2 041E 12/19/13 16 130104 BOUNDARY LINE TABLE 04 BOUNDARY CURVETABLE REARING CURVE lENG7H iLWIUS DELTA BEARING CHORD Cl 268.' 750.00' 2728'36" N79'34'20'W 266.61' C2 266.17' 750.00' 272D'03' N79'30'031Y 264.78' BOUNDARY LINE TABLE 04 UNE REARING DISTANCE ii Sf1t3'a4'Yf 142.17'L2 N700'00'E 57.57' W N700'00`E 110.00' L4 Nfl0'�'00'E 24.00' LS N719'S5'E 298.15' L6 530'35'S0"E 198.56' L7 N89'39'4fllV 113.10' L8 5713' 14'W 255.57' L9 S09'39'a9"E 276.69' 110 S7t3'15`VI 326.34' JI1CC 1 L VP 4 DA • , 2014 ITEM NUMBER: 10 Future Meeting Topics MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS