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2014-08-12IDIAN�- IDAHO CITY COUNCIL WORKSHOP MEETING AGENDA UPDATED AGENDA City Council Chambers 33 East Broadway Avenue Meridian, Idaho Tuesday, August 12, 2014 at 3:00 PM 1. Roll -Call Attendance X David Zaremba O Joe Borton X Charlie Rountree X Keith Bird X Genesis Milam X Luke Cavener X Mayor Tammy de Weerd 2. Pledge of Allegiance 3. Adoption of the Agenda Adopted 4. Consent Agenda Approved A. Development Agreement for Approval: : 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 B. Development Agreement for Approval: for Approval: AZ 14-010 Archer Farm Subdivision by Archer Farm Properties, LLC Located 4660 N. Meridian Road Request: Annexation and Zoning of 5.2 Acres of Land with an R-8 Zoning District C. Approval and Award of Agreement to McMaster Construction for the "Meridian Heights Water Meter Project" for the Not To Exceed amount of $395,752.32 D. Underground Facilities Easement Between Idaho Power, the Meridian Rural Fire Protection District and the City of Meridian for Utilities located at Ten Mile Road and North of Cherry Lane E. Approval of Award of Re -bid and Agreement to Wetlands Northwest, LLC dba Western Idaho Construction & Landscaping for a Not -To -Exceed Amount of $95,955.00 Meridian City Council Meeting Agenda—Tuesday, August 12, 2014 Page 1 of 3 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. 5. Community Items/Presentations A. Boy's and Girl's Club Gratitude Presentation B. Amended onto the Agenda: Discussion on Republic Services Proposed Rate Increase Motion approved to move rates forward to public hearing 6. Items Moved From Consent Agenda 7. Action Items A. Variance Application Fee Waiver Request by Carr! and Gary Batten Fee waiver request denied 8. Department Reports A. Purchasing: Reject Bids — Wastewater Treatment Plant Maintenance Facility Bid Package #6 - Structural and Miscellaneous Steel Motion to Reject Bids and Rebid Package #6 Approved B. Planning Department: Transportation Project Update - Discuss Transportation Related Studies, Construction Projects, Plans and C Programs Including: Meridian Road Interchange, ACHD's Integrated Five Year Work Plan and Impact Fees C. Community Development: Discuss a Proposed Ada County Subdivision, Profile Ridge D. Parks and Recreation Department: Storey Park Development Update Item moved to after Item 8A - Motion to Reject Bids and Rebid Approved E. Police Department: Public Safety Training Center Update Item moved to after Item 8A - Motion to approve alternates on bid packages 2, 3, 5, and 6 and to complete change orders for those packages before Council approved 9. Ordinances A. Ordinance No. 14-1617: An Ordinance (AZ 14-010 Archer Farm Subdivision) For Annexation And Rezone Of A Parcel Of Land Situated In The NW '/40f The NW 1/40f Section 31, Township 4 North, Range 1 East, Boise Meridian, Establishing And Determining The Land Use Zoning Classification Of Said Lands From Rut To R-8 (Medium Density Residential District); And Providing An Effective Date Approved Meridian City Council Meeting Agenda — Tuesday, August 12, 2014 Page 2 of 3 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. B. Ordinance No. 14-1618: An Ordinance (AZ 14-001 Ten Mile Center) For Annexation and Rezone of a Parcel of Land Situated in the NW % of Section 14, Township 3 North, Range 1 West, Boise Meridian, Establishing and Determining the Land Use Zoning Classification of Said Lands from RUT to R-8, TN -R, TN -C and CG and Providing an Effective Date Approved 10. Future Meeting Topics A. Joint Meeting with Kuna to Discuss Area of Impact Scheduling 11. Executive Session Per Idaho State Code 67-2345 (1)(c): (c) To Conduct Deliberations Concerning Labor Negotiations or to Acquire an Interest in Real Property, Which is Not Owned by a Public Agency Into Executive Session at 5:01 PM Out of Executive Session at 5:18 PM Adjourned at 5:18 PM Meridian City Council Meeting Agenda — Tuesday, August 12, 2014 Page 3 of 3 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Meridian City Council Workshop Auaust 12, 2014 A meeting of the Meridian City Council was called to order at 3:00 p.m., Tuesday, August 12, 2014, by Mayor Tammy de Weerd. Members Present: Mayor Tammy de Weerd, Charlie Rountree, Keith Bird, Genesis Milam, David Zaremba and Luke Cavener. Members Absent: Joe Borton. Others Present: Bill Nary, Jacy Jones, Caleb Hood, Bruce Freckleton, Warren Stewart, Perry Palmer, Erick Strolberg, Steve Siddoway and Mike Barton. Item 1: Roll -call Attendance: Roll call. X David Zaremba Joe Borton X Charlie Rountree X Keith Bird X Genesis Milam X Luke Cavener X Mayor Tammy de Weerd De Weerd: Welcome to the Meridian City Council meeting workshop. We always love to see -- certainly are youth in our Council chambers, so thank you to all of our Boy Scouts and Boys and Girls Club members for joining us today. You're welcome faces in the crowd and also thank you to the rest of you who have also joined us. For the record, it is Tuesday, August 12th. It's at 3:00 o'clock. We will start with roll call attendance, Madam Clerk. Item 2: Pledge of Allegiance De Weerd: Thank you. On Item 2 we are going to be led by the Boys Scouts merit badge camp participants. So, boys, if you will come forward and I will ask the rest of you to all rise. (Pledge of Allegiance recited.) De Weerd: I would like to invite the young man who just led us to come forward. I have a City of Meridian pin for you. You can add that to your leadership collection. Thank you for joining us. Item 3: Adoption of the Agenda De Weerd: Item No. 3 is the adoption of the agenda. Rountree: Madam Mayor? Meridian City Council Workshop August 12, 2014 Page 2 of 44 De Weerd: Mr. Rountree. Rountree: Item No. 3 is the adoption of the agenda. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I have amendments for the agenda and some additions if you would. On Item 5, add Item 5-13, a discussion of the Republic Services proposed rate increase. Item 8-D and E have been requested to be moved after -- immediately after Item 8-A. Item 9-A, the ordinance number is 14-1617. And Item 9-6, the ordinance number is a 14-1618. And with that amendment and those changes, Madam Mayor, I move that we approve the agenda. Bird: Second. De Weerd: I have a motion and a second to approve the agenda as noted. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: FIVE AYES. ONE ABSENT. Item 4: Consent Agenda A. Development Agreement for Approval:: AZ 14-001 Ten Mile Center by Treasure Valley Investments, LLC Located South of W. Franklin Road on the East Side of S. Ten Mlle 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 B. Development Agreement for Approval: for Approval: AZ 14-010 Archer Farm Subdivision by Archer Farm Properties, LLC Located 4660 N. Meridian Road Request: Annexation and Zoning of 5.2 Acres of Land with an R-8 Zoning District C. Approval and Award of Agreement to McMaster Construction for the "Meridian Heights Water Meter Project' for the Not To Exceed amount of $395,752.32 D. Underground Facilities Easement Between Idaho Power, the Meridian Rural Fire Protection District and the City of Meridian for Utilities located at Ten Mile Road and North of Cherry Lane Meridian City Council Workshop August 12, 2014 Page 3 of 44 E. Approval of Award of Re -bid and Agreement to Wetlands Northwest, LLC dba Western Idaho Construction & Landscaping for a Not -To -Exceed Amount of $95,955.00 De Weerd: Item 4 is our Consent Agent. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we approve the Consent Agent as published. Authorize the Clerk to attest and the Mayor to sign. Bird: Second. De Weerd: I have a motion and a second to approve the Consent Agenda. Madam Clerk, will you, please, call roll. Roll Call: Bird; yea; Rountree, yea; Zaremba, yea; Borton, absent; Milam, yea; Cavener, yea. De Weerd: All ayes. MOTION CARRIED: FIVE AYES. ONE ABSENT. Item 5; Community Items/Presentations A. Boy's and Girl's Club Gratitude Presentation De Weerd: Our next item under Item 5 is a community presentation. I will invite Robyn Ure up for a Boys and Girls Club presentation. All's I ask is that you speak into the microphone. So, if you would stand to the side of the podium and just move the microphone in front of you, so we can capture it on the record. Ure: Okay. My name is Robyn Ure, I'm the unit director at the Meridian Boys and Girls Club and we just wanted to come to show our appreciation for a generous donation by the city that we have received recently. We have been really working hard at raising money for a gymnasium. We are in desperate need for one. The kids will be able to express that need much better than I am able to, but I'm just -- we enroll -- over 300 children attend on a daily basis for our summer program. We actually enroll over 600 kids just for our summer program and we have over a hundred children on our waiting list. I feel the need is there and we are really excited that we are going to hopefully be able to start breaking some ground for this gymnasium and it will just be a huge asset for our program and for the community. We are also hoping to include a new teen center, so we Meridian City Council Workshop August 12, 2014 Page 4 of 44 can provide more space for the teens in our community to have a place that they can go as well and have a positive environment and some great things going on for them. So, just really really appreciate that. We have a little art project that the kids worked on. They have their names on each of the basketballs and just really excited about the gym. So, I have Dennis here with me and I have Kayla, who is in our teen center and Isaac and Isaac is going into sixth grade -- fifth grade. And, Dennis, are you going into second grade? Dennis: Third Ure: Third. Hey, you guys are growing up on me. So, I'm going to start with Isaac -- or with Dennis and do you mind -- we can bend this down and if you can kind of tell them a little bit about how excited you are for the gym. Dennis: I'm really excited, because I really really want a gym and, plus, we need more room for the Boys and Girls Club and it will be really really great. Bird: You did a great job. De Weerd: You did a great job. Dennis: Thank you. Isaac: The teens are pretty excited for the new gym, because a teen center will be included and our teen center is pretty small and we need -- we are needing like more space and in the winter it gets really cold and so it would be nice to have a place to play games and stuff inside and not freeze. Kayla: It's nice that they donated that much money for a gym, because it's kind of crowded in the room and we can't really run around and stuff and I think it would be really nice to have a gym. Ure: Thank you. De Weerd: Thank you. And, Robyn, I see something you didn't mention is at the height of this summer enrollment you were averaging around 328 kids -- Ure: We did. De Weerd: -- for one week. Ure: We had our highest number -- De Weerd: You need to talk in there. Meridian City Council Workshop August 12, 2014 Page 5 of 44 Ure: But we did have a high of 328 kids in our club this summer and so it's very -- those of you that have been there it's -- our facility is not that large. We are running at 140 percent occupancy from what our national guidelines should be for the size of our building. De Weerd: And, Perry, they manage that -- before the fire marshal jumps out of his seat. I will say that Robyn and the Boys and Girls Club staff are very good at scheduling and field trips and, unfortunately, during the hot temperatures in summer it's not always fun to have the play outside rotation. You can say, uh? But it is -- it is something that is much needed and gives the teens a feeling of their own space and move the homework room or power hour room to where the teen space is, so there is more room for volunteers and our kids to study, to learn, and to just be kids. That's a pretty cool goal; right? So, thank you for being here today. I will ask Steve Siddoway, our parks director, if he wants to come up and accept the presentation. Very cool. Ure: Thank you. De Weerd: Frank would like a picture, Steve. Siddoway: I will just briefly say how grateful I am for the partnership that results because -- first and foremost this is about those kids, but we will also benefit in the evenings when its not in use for the Boys and Girls Club for our sports programs and we are very appreciative of that as well. So, thank you. De Weerd: Thank you. And thank you all for being here. Like I said, it is always nice to see young faces, but I will tell you you do not have to stay for the entire meeting. You are allowed to leave now if you would like it. So, it's -- just wanted to say that. I know the boys -- you get to earn a badge, so -- B. Amended onto the Agenda: Discussion on Republic Services Proposed Rate Increase De Weerd: Okay. Item 5-B is an addition to the agenda, discussion on Republic Services proposed rate increase and thank you for being here with us. Certainly we are all kind of the reeling from the news that I'm sure all of you have taken to heart and hope that things are improving today with our friend Steve Sedlacek. Klein: Thank you, Mayor and Council. Yes. I was just talking to Councilman Rountree before the meeting and we have been getting text updates from his family -- his son down there. So, he's -- he's hanging in there, so he's -- I guess this -- Councilman Rountree can probably fill you in afterwards, but he's doing okay. De Weerd: Thank you. Meridian City Council Workshop August 12, 2014 Page 6 of 44 Klein: And I will pass on your warm wishes, so -- eventually he will be able to get flowers and cards and stuff, but it sounds like it will be a while, so -- De Weerd: Yeah. I had talked with Dave yesterday and just for the public, Steve Sedlacek is -- was the holder of our trash service contract with the city for years and he and his wife and daughter were involved in the plane accident that happened in Utah, but we are thrilled that they are all hanging in there and certainly thank God for the good Samaritans that came by and pulled them out of the plane, so -- Klein: And Dave Fisher, our general manager, said, you know, there is a lot of air space between Salt Lake and Boise and very fortunate that they actually went down where they did, so people were close by. Anywhere else it would have been much -- much more difficult. De Weerd: Would have had a different outcome most likely. So, thank you so much for being here, Rachele. Klein: Well, thanks for adding us on the agenda and, you know, Steve's the expert at this. So, last year was our first year, so usually he's along with us, so I will have to tell him how this went. I will have to send him a text later. So, we are before you today asking for you to consider an annual price adjustment for the contract that's 90 percent of the CPI. It's 2.28 percent and adjusted downward it becomes 2.05 percent. Impact fees to average household by about 25 cents per -- per month and I believe you all have the rates before you, the proposed new rates, and if you have any questions I'm happy to answer questions. We -- we took this before SWAC, the last SWAC meeting, and we are coming before you a little bit earlier this year. In the past it's always been a pretty tight turnaround in the event that there are questions or for public notice and so this year we are trying to get out in front of you a little bit earlier. So, it seems like August -- August is the new month to come before you. So, with that I'm happy to stand for any questions. De Weerd: Thank you. Council, any questions at this point? I know you probably just started reading it and it's hard to read it -- we will put it on a future agenda. Certainly we would have to bring back a resolution or an ordinance? Nary: Madam Mayor, Members of the Council, we will have a public hearing and a resolution to follow. De Weerd: Okay. Klein: And just for clarification, we did ask to add some new rates this year. They are rates that we haven't had in the past and they should save customers in Meridian a fair amount of money. So, we are adding a sheetrock and kind of clean -- so, to just quickly highlight, we have an opportunity to take gravel and Meridian City Council Workshop August 12, 2014 Page 7 of 44 clean rock and concrete to a pit as backfill, so we can do that at a lower cost than a landfill would charge us. So, we ask that -- and that's a long-term durable option for us, so we did ask that that rate be added, which will make it less expensive for our contractors, with, you know, clean dirty, rock, and concrete to dispose of some of their materials. Also sheetrock we can take and have that ground in with the wood as cattle bedding and, then, the other rate we have asked to add is an industrial dry run rate that's reduced for the small roll offs, so that -- it's small industrial boxes, like a -- as you will see here, the six to ten yard containers that we can place on site to collect specific materials. Right now if we get to a site and that's blocked by other contractors and we can't haul that box, it's called a dry run and there is a charge for that and it's a pretty hefty charge to get out there -- it's just the cost of the haul without disposal. So, it's pretty expensive. With these small boxes we use smaller equipment and we don't take big trucks out there to haul these small boxes, so we actually calculated the cost of service and it seemed only fair that we -- we adjust that to the appropriate cost downward. So, there are new rates, but they hopefully will save Meridian businesses money as they -- as the city continues to grow. De Weerd: Any questions from the Council at this point? Bird: I have none. Rountree: I have none right now. De Weerd: Okay. And now I understand why the public hearing, we have two new fees to consider. Bird: Yeah. De Weerd: Okay. We will put this on for public hearing -- it sounds like in order to publish we need -- okay. To publish it. Okay. So, Council, I would entertain a motion to move this forward to public hearing. Zaremba: So moved. Rountree: Second. De Weerd: Okay. I have a motion and a second. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: FIVE AYES. ONE ABSENT. Klein: Thank you. Item 6: Items Moved From Consent Agenda Meridian City Council Workshop August 12, 2014 Page 8 of 44 De Weerd: Thank you so much. There were no items removed from the Consent Agenda. Item 7: Action Items A. Variance Application Fee Waiver Request by Carr! and Gary Batten De Weerd: So, we will move to 7-A, which is a variance application. Council, in your package you do have a letter for a fee waiver request. As per process, we do invite staff comments, but usually don't hear from the -- the person requesting it, unless you have further questions outside of what's offered in the letter. Caleb, do you have any comments? Okay. Council, the applicant -- or the requester is here if you have any questions, any discussion. Nary: Madam Mayor? De Weerd: Mr. Nary. Nary: Madam Mayer, Members of the Council, I don't know the specific amount of the fee that's being requested here. If you want I'm sure Caleb can provide that and what the fee covers. Our ordinance allows you to consider requests for waivers of the fees. It doesn't create -- right now there is not an established standard or requirement that you have to find, other than hardship. The request today -- it's not over the basis -- and most of what's in his request is why they are requesting the variance and that's not the issue before you. All it is is related to the fee specifically. They want you to waive that. Our fees, just for the record -- our fees are established based upon staff time for both review, processing, providing a staff report, as well as the noticing that's necessary for a variance to be heard. So, it's all related to the service that's required statutorily for you to consider it. So, it's not a -- it's not what some people sometimes think of as a fee that's generated for some other purpose. All of it's related specific to work that's required, so -- Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: Caleb, what's the setback requirement? Hood: Madam Mayor, Councilman Rountree, Members of the Council, the setback for this property -- it's an R-4 zone and so the rear setback is 15 feet from the rear property line. Rountree: Madam Mayor. Caleb, is the shed of a size that it requires a building permit or is it less than the required square footage? Meridian City Council Workshop August 12, 2014 Page 9 o[44 Hood: Madam Mayor, Council Member Rountree, it's my understanding that the shed is larger than 120 square feet, which would require a building permit, and also require it to be outside of that required rear setback. If it's less than 120 square feet it can encroach, but if its larger than that 120 it needs to be out of that rear setback. Our code enforcement officers, it's my understanding, were out there and determined that it was large enough that it needs to be outside of that setback. Rountree: And is there a building permit for this? Hood: Madam Mayor, Councilman Rountree, as currently located this would not be a permitable structure. We wouldn't issue a building permit for something that encroaches in the setback. So, we would require a building permit for it, but we would only issue it if it's 15 feet or greater away from that rear property line for a structure of this size. Again, if it's less they wouldn't even need a permit. Rountree: Right. Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: Caleb, why was code enforcement there? Were they there because of a complaint about this structure or were they there for a different reason? Hood: Madam Mayor, Council Woman Milam, it is my understanding that one of the adjacent neighbors or someone in the neighborhood did contact code enforcement and complain about the structure. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Caleb, what is the variance fee? Hood: Madam Mayer, Councilman Bird, the fee is 1,056 dollars. And just a little bit more on that to follow up on Mr. Nary's comments. I won't break down all of that, but, essentially, the hearing portion of that is 395 dollars. That includes Dean's time, the clerk's time, noticing -- we do send noticing out, mails, that type of thing. About half of that is the planner's time. On average for a variance, which is what our fees are based on, the average time -- it takes a planner ten hours from start to finish. So, pre -apps, writing a staff report, doing findings, the whole -- attending hearing, the whole thing. So, about ten hours of staff time. About an hour of the clerk's time and about an hour of an attorney's time is how we come up with that roughly thousand dollar fee. Meridian City Council Workshop August 12, 2014 Page 10 of 44 Rountree: Madam Mayor? Based on that information I'm inclined to deny the request for waiver. We don't have a building permit. We are in an R-4 that has a 15 foot setback. The letter indicates it meets the HOA standards, but apparently it doesn't, because most HOAs require them to meet setbacks of the buildings in the community. So, given those I would -- I would move that we deny the waiver request. Cavener: Second. De Weerd: I have a motion and a second. Any discussion from the Council? Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I do not have discussion on the motion, but I would like to make comment afterwards if I may. De Weerd: Absolutely. Madam Clerk, will you call roll. Roll Call: Bird; yea; Rountree, yea; Zaremba, yea; Borton, absent; Milam, yea; Cavener, yea. De Weerd: Okay. Thank you. All ayes. MOTION CARRIED: FIVE AYES. ONE ABSENT. De Weerd: Mr. Zaremba. Zaremba: This is a question that -- the notes that we have indicate that they are having a shed built, which makes me guess -- although I suppose we could have asked the applicant -- they are having a professional who sells these things normally come and build it. We do have outreach for our sign ordinance. Most of the sign companies around here know what our rules and regulations and permits are and I'm -- I guess my question for staff is have we made any outreach to shed building companies to make sure they know -- it's hard to expect the customer to know, but the sign -- the shed building company should know that there are permits required and stuff and have we done any outreach to the shed building companies to get them on board with this, so they don't put customers in this position? Hood: Madam Mayor, Councilman Zaremba, I was talking to Bruce a little bit about it. I have not been involved in that process. It does sound like Brent Bjornson -- we do have a handout that we give to people that inquire about this, but typically the property owner, not the shed building companies. But it does Meridian City Council Workshop August 12, 2014 Page 11 of 44 sound like we did the some outreach -- I don't know if that was when the building code changed, but from 200 square feet down to 120 square feet requires a permit. We have had a version of this handout for years, but in -- what, two years ago or so when we adopted the 2009 version of the building code, that -- again, the requirements for permit changed from 200 to 120. We could do some more outreach or do it again. It does sound like we tried to reach out to some of the companies -- and, again, I wasn't part of that, so I don't know who got notice, who didn't. It is pretty fairly common knowledge for the companies that do regular business with us, but we can go through the Yellow Pages and, you know, fax it to them or call them or whatever and let them know this is a requirement, don't put a property owner in this situation. Or ask us if you have questions. If there is a gray area we are here to help you decide if you need a permit or where you can locate it or not. So, we certainly -- I think with some help from -- Bruce and Brent can do some more outreach. If that's -- if that's what you all want to see. Zaremba: Great. Thank you. I think it has worked with the sign ordinance pretty well and, like you say, the issue is identifying who all is in this business, but if there is a possibility it would be nice to attempt to. Thank you. De Weerd: I think that would be important to reach out again to BCA, ask them to get it out to their membership, because it's not just shed builders that build a shed, it's a builder. I would also get it to maybe Home Depot and Lowe's and the other material providers that -- if they are selling wood packages that maybe we have a handout that can go out with that, so -- thank you. Item 8: Department Reports A. Purchasing: Reject Bids — Wastewater Treatment Plant Maintenance Facility Bid Package #6 - Structural and Miscellaneous Steel De Weerd: Okay. Item 8-A is under our purchasing department. I will turn this over to Keith. Watts: Good afternoon, Madam Mayor and Council. I am here before you today regarding a bid for the wastewater treatment plant maintenance facility -- or maintenance shop that we are putting up at the treatment plant. Beniton issued bids for the multiple bid package several weeks ago and we opened bids on Tuesday, the 5th. Actually, I was on vacation, I'm just getting back, so I'm trying to fill you in on this. Essentially, the architect had inadvertently left a license requirement in the specifications from a larger more complex project that they had designed and Beniton was notified the day of the bid, that several of the local steel erectors were not going to submit a bid, because they did not have that certification or that license requirement, which limited us to only receiving one bid for that bid package for this -- the steel erection. So, upon Beniton's Meridian City Council Workshop August 12, 2014 Page 12 of 44 recommendation we were planning on rejecting the one bid that we had and revising that specification to remove that -- that license requirement and reissuing and I was just coming before you to let you know what the suggestion was from Beniton, recommendation, and what we are planning on doing and ask if you guys have any comments or suggestions. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Is Beniton the construction manager? Watts: Correct. Yes, sir. Bird: And did they check the specs in the bids? Watts: I assume that they had, yes, sir. They were notified, I believe, by the vendors themselves of the certification requirement. Bird: Evidently they didn't check the bids in the specs. Watts: They missed that. Apparently so. And we feel that we didn't get a fair representation of the steel erectors in the valley here. Bird: And I agree with you a hundred percent you didn't, but, in the same token, it's not the -- it's not the low bidder's fault. Watts: Correct, sir. I guess I would like to have direction, if it's okay with Council and the Mayor to cancel that -- or reject that one bid that we had and re -issue. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I think -- I think you got to do that, but I -- holy Toledo. We got to get our processes down. We have so much of this -- skipping and missing stuff and -- it's not even funny. Every dad gum department. Pretty soon we will have such a good reputation nobody will bid with us. Madam Mayor? De Weerd: Mr. Bird. Bird: I think -- I don't know about the rest of the Council -- they are not going to say anything, but I think we have got to go ahead and -- and reject this bid and rebid it. Milam: Second. Meridian City Council Workshop August 12, 2014 Page 13 of 44 Rountree: Is that a motion? Bird: That's a motion. Rountree: Okay. De Weerd: Okay. It sounds like I have a motion to reject the bid and put it back out with a second. Any discussion? Madam Clerk, will you call roll. Roll Call: Bird; yea; Rountree, yea; Zaremba, yea; Borton, absent; Milam, yea; Cavener, yea. De Weerd: Okay. Thank you. MOTION CARRIED: FIVE AYES. ONE ABSENT. D. Parks and Recreation Department: Storey Park Development Update Item moved to after Item 8A - Motion to Reject Bids and Rebid Approved De Weerd: Okay. We moved D and E right behind A. So, I would ask our park superintendent to come on down. Barton: Good afternoon, Madam Mayor, Members of the Council. We are here today to talk about Storey Park development, the -- the dog park and so as you remember on July 15th we received funding to move forward with bidding of the dog park, the Storey Park development project. Within a week's time we had the plans out to bid. There were five bid packages that were put out. Last Tuesday we opened bids. We received bids on four of the five bid packages. Three of the bid packages came within our budget estimate. Unfortunately, we received one bid package that was well over our construction estimate. This bid package is for the site work in the underground, so it really affects all of the other trades and packages. So, at this point we are reporting to you that it's our intention to value engineer the project, go back to the drawing board, so to speak, with some value engineering. That will leave us an opportunity to try to solicit sponsorships as well and we are confident that we can get this project back out to bid and on budget in late December or early January for a spring groundbreaking. With that I will stand for questions. De Weerd: I guess it was interesting that this followed the last topic. Rountree: More of the same. De Weerd: Yes. Mr. Zaremba. Meridian City Council Workshop August 12, 2014 Page 14 of 44 Zaremba: Just to make sure I understand, so you have three bids -- or three packages that you are finding acceptable. Are they able to wait or is their bid good until you get the fourth one resolved? Barton: Madam Mayor, Councilman Zaremba, with the extent of the value engineering that must be done to the site work, it will affect all these other trades. So, the scope of their work will change significantly and we don't feel it's appropriate to move forward with those trades and change order down if you will. That a rebid is more appropriate. Zaremba: All right. I was going to ask a question about the fifth one and which you received nothing, but I think that piece of it answers that as well. Thank you. De Weerd: Any other questions? Rountree: I have none. Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: So, how significant is the price difference and what -- De Weerd: Significant. Barton: Madam Mayor, Council Women Milam, it's approximately 25 percent of the entire budget. Five hundred thousand dollars. Milam: That's a pretty significant difference. Barton: Significant. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Mike, who give us the estimate for the budget on it? Barton: Madam Mayor, Councilman Bird, our construction management company Kreizenbeck Constructors. Bird: Tell Mike to go sharpen his pencil. Barton: Yes, sir. Meridian City Council Workshop August 12, 2014 Page 15 of 44 De Weerd: We certainly know it's -- it's a market that we didn't see several years ago in our parks projects, that we could capitalize on a slower -- a slower market, But now that there is more work than there is businesses and workers, we see a difference in our bidding numbers. Barton: And we will keep the Council posted on design changes and it's our goal to maintain the integrity of the project and there may be some -- some of the soils -- the engineering practices. We are -- anyway, it's our goal to maintain the integrity of the project and if there is really any significant changes to that we will keep the Council informed every step of the way and we will get it there and go back to bid and have a good project for this spring. De Weerd: Yes. And I would like to just take a moment. I appreciated Council's passion during of the budget hearings to see if we could get this going and -- and out there, so that we could get this project underway before the winter conditions set in. This is one of those unexpecteds. Certainly along with the prices it's also the soil conditions, so it's -- it's kind of a couple of different influencers on this. It's very unfortunate, because we know this delays the -- the opening of a much needed amenity, but we do want to do it right and the only time we should do something is when we feel comfortable moving forward and I do know we are very sensitive to coming back and asking for more. Mr. Cavener. Cavener: Madam Mayor. Thank you. If there is -- if there is lemonade to be made out of these lemons is that it will give our active parks community more opportunity to do some of that -- that fundraising and point to maybe some other opportunities for partnerships that maybe wouldn't have happened. I know when I learned of this it was -- I think someone described it as a punch in the stomach and I felt the same way when I read it, because I appreciate Council's action on this during our budget session. But in light of this information I would move that we would reject the bid packets and begin again. Rountree: Second. De Weerd: Okay. I have a motion and a second. Discussion? Mr. Zaremba. Zaremba: Madam Mayor, again, not directly to the motion, but just a comment to follow up what the Mayor was saying. If we all had not made the change we would be having this discussion next November and that probably would have put the whole thing off wouldn't be having this discussion next November and that probably would have put the whole thing off almost a year in being produced in the end. So, again, I appreciate the Council reconsidering the original vote and moving it forward. Barton: We are working on real numbers now. You bet. Meridian City Council Workshop August 12, 2014 Page 16 of 44 Zaremba: Which would not have come to light until several months from now. So, thank you. De Weerd: Thank you. Madam Clerk, will you call roll. Roll Call: Bird; yea; Rountree, yea; Zaremba, yea; Borton, absent; Milam, yea; Cavener, yea. De Weerd: Thank you. All ayes. MOTION CARRIED: FIVE AYES. ONE ABSENT, E. Police Department: Public Safety Training Center Update De Weerd: Okay. Hopefully we are just not continuing in the trend of the two previous issues as we ask for an update on the Public Safety Training Center. Bird: We are not. De Weerd: Although I will say they already came in with their 800,000 dollar increase, so we already felt that pain. Strolberg: Madam Mayor, Members of the Council, I think my presentation is going to go slightly different, hopefully, today. Obviously Lieutenant Leslie was unavailable today, so he sent me along. I want to just give you a brief update today about the Public Safety Training Center and primarily the landscape rebid and update. That was rebid based on the value engineering that we saw available with our many things. The Parks Department and their assistance -- as you can see, the bid came back quite a bit lower with this rebid. We also have some alternatives in the plan that have been identified that we want to bypass. Obviously, the parking and landscaping -- this is number one. The -- number four is the northwest portion of the project up in the corner as you can see and finally down -- the masonry fence is going to removed from that. I'll jump ahead here to the next -- based on that information we believe that the best forward path would be too continue to fund the -- the base value and the alternates, which were two, three, five and six that I listed prior. The bottom line -- I'd like to jump right ahead to that. It shows that we are going to be in the black by 42,000 with the rebid for the landscape. Everything is going along as planned. In fact, we are looking very well on the project. Bird: And no change orders. De Weerd: In the black considering the 800,000 dollar amendment Bird: Come on. Meridian City Council Workshop August 12, 2014 Page 17 of 44 De Weerd: I'm just keeping it real. Okay? Bird: That's not real. De Weerd: That's not real? Bird: The 800 is real, but it was -- it was in there originally. We just took it out to make it look good. No. Go ahead. De Weerd: Brother. Okay. Strolberg: Questions? Or if I need to go back to bid alternates or any of the other discussion? De Weerd: Any questions, Council? Bird: I have none. Rountree: Do we take action on the -- identifying the bid alternatives to move forward with? Bird: It's already -- we move forward with the alternates? Strolberg: As they were -- as selected this would be the structure and -- back up here. So, that one, four and seven would be dropped at this point in time to maintain the budget as listed on the -- here. We can go forward with two, three, five and six. They are still in the base budget and funded fully at this point with -- within our budget. Did I answer that correctly? Bird: The alternates -- De Weerd: I don't think they Bird: Weren't these part of the -- Madam Mayor, excuse me. Weren't these part of the -- the base bid? Weren't they added in and we held out the one other one -- or the others? Or do you need a motion to approve it right now? Strolberg: Councilmember, it's my understanding that the -- the full project was bid with these alternates listed. By removing these alternatives we will stay within our budget as set forth by Council. Bird: That's -- yeah. Strolberg: And that's how we have come to the final number on this page here based on the concluding number. Meridian City Council Workshop August 12, 2014 Page 18 of 44 De Weerd: As I understood it, Councilman Bird, they were going to come back with the alternates after they had a chance to look at the numbers. So, I don't think these have been in front of you. Rountree: I don't think they have. De Weerd: No. Rountree: That's why I asked the question. Strolberg: I would refer to Max Jensen. He -- Bird: What was our -- did we bid -- or did we approve the contract yet? De Weerd: You approved a package of -- Bird: What was the amount? De Weerd: -- bids? But there were some that were pulled out to be able to really evaluate and see what -- what they wanted to move forward with in consideration to cost and -- or not. So, that was my recall. Jensen: Right. Correct. Madam Mayor, Members of the Council, what we have done is we -- we awarded the majority of the base bids and we realized that we could do value engineering with the landscaping, so we rebid the landscaping portion of it, not moving forward with everything, because of the fact that we wanted to wait to see whether bid value engineering in that. So, now that we know that we can choose bid alternates two, three, five and six, and stay within budget, as well as with the -- the base values or the based bids also awarded, we are all within budget. Bird: Madam Mayor? What we need is like we did before, bring back each contract or division. Like we had the glass. We had the steel and all that. That's what we approved before. Now, we will approve two, three, five and six additions. We have already approved the architects and the construction manager; right? Jensen: Correct. We -- Bird: So -- and each one of these will have a separate subcontractor; am I not right: Jensen: No. That's incorrect. Bird: You will have all one contractor? We need a contract to approve it. Meridian City Council Workshop August 12, 2014 Page 19 of 44 Jensen: Correct. We do have base bid contracts for the contractors. These are bid alternatives to that base bid. Bird: But -- but the way -- with a construction manager the way we do it -- we have got to approve each contract with each sub contractor. So, they have got to come back and if one -- if one contractor has got all four of them it still comes back with that amount. We can't sit right here and say we are going to improve 576,442, because we don't know who it is to. See what I mean? So, we need -- we need -- like we did before with each division -- like Division A, Division Ten, Division Six, you will have a contract with the amount and be a successful bidder. Am I not right? That's the way we have always done it when we have had construction managers. Jensen: Right. And what we are planning on doing is -- we have elected to move forward with alternates two, three, five and six and address those through a change order to the base bid agreements that have already been awarded to the contractors. Bird: You are going to -- you're going to -- De Weerd: Mr. Bird. Bird: Oh, excuse me. I'm sorry, Tam. De Weerd: That's all right. Bird: You're going to give -- it's an existing contractor. Jensen: Correct. Bird: And you're just going to change and put a change order to their existing contract? Jensen: Correct, Bird: That still has to come back in my mind on the individual basis. You bring it back -- say it's -- the glass company, their base bid, which we approved, was ten dollars. But now you're given a change order, because we have got alternate three or four or five is going to add another ten dollars. Jensen: Correct, Bird: So, we have a change order to this company, which we have to approve. Jensen: Correct. Meridian City Council Workshop August 12, 2014 Page 20 of 44 Bird: I don't want to approve 576,442 without knowing who we are approving it to, because we have already approved all the other money to each subcontractor. See what I'm talking about, Max? Maybe I'm screwing up. Jensen: But I can probably tell you those values for each contractor, but the reason why we came before you here today was to get direction as far as which way that we would like proceed with and, then, from that we would follow up with a change order for each contractor. Bird: That -- that I understand Jensen: Okay. Bird: And I would make a motion right now that we approve alternatives two three, five and six to go ahead and to bring back change orders to be approved. De Weerd: Did you just say change orders? Bird: I just said change orders. De Weerd: All my gosh. Bird: Wait a minute. Now, this is alternate bid directives. This was on the original plan. Jensen: Correct. Bird: We didn't add to the plan. De Weerd: It's still a change order. Jensen: We did keep within budget, yes. Rountree: So, I will second all that dialogue. De Weerd: I have a motion and a second. Council, any discussion? Madam Clerk. Roll Call: Bird; yea; Rountree, yea; Zaremba, yea; Borton, absent; Milam, yea; Cavener, yea. De Weerd: Okay. Thank you. MOTION CARRIED: FIVE AYES. ONE ABSENT. Jensen: Thank you. Meridian City Council Workshop August 12, 2014 Page 21 of 44 De Weerd: Thanks, Max. Bird: Thank you, you guys. B. Planning Department: Transportation Project Update - Discuss Transportation Related Studies, Construction Projects, Plans and Programs Including: Meridian Road Interchange, ACHD's Integrated Five Year Work Plan and Impact Fees De Weerd: Okay. More lighthearted, we will go to all things transportation and turn this over to Caleb under Item 8-B. Hood: Thank you, Madam Mayor, Members of the Council. With your permission I would like to stay put right here and not go to the podium. I have got some papers that I need to kind of thumb through as I -- as I get into some of these topics, so if that's okay I'm just going to -- De Weerd: You are good to go. Hood: -- be seated here. I'm going to be working primarily from the memo dated August 7 for today's All Things Transportation update is what we like to call it. I don't think that's what it says on the agenda, but that's why I am here. De Weerd: No, but you get us into that -- you branded it Hood: Yeah. So, we will go with that. And I'm going to work a little bit out of order in that memo. I'm going to start on page seven. I'm going to circle back to page three, but I'm going to start on page seven and just update everyone on the Meridian Saturday service that is going to be kicking off later this month. I think -- at this point I think most of the Council knows that VRT did approve a contract with MV Transportation as a service provider for that Saturday bus service in Meridian. There is a map in your memo that shows the bus route. The service is expected to begin on August 30th where on every Saturday between the hours of 10:00 a.m. and 6:00 p.m. there is going to be two buses, one going clockwise and one going counterclockwise, so it's basically one hour to make the round trip. But there will be again, one running each way, so you will see a bus basically pass by roughly every half hour. So, I just wanted to highlight that in there real quickly. The other thing on page eight that I wanted to call your attention to is -- I did receive a copy of a letter, which is also attached as the last couple of pages in the memo from Director Wong at ACHD addressed to Jacksons Food Stores and this was something that the Council had discussed last year. The medians, the raised curbing that was put in as part of -- as part of or at the end of the Franklin roadway widening project between Ten Mile and Linder. So, Jacksons had been working with and discussing with ACHD some modifications to the Meridian City Council Workshop August 12, 2014 Page 22 of 44 existing raised curbing out there. I'm not going to read the letter from Director Wong, but, essentially, says they are not prepared to make any changes. They don't think there is justification for any changes. So, I just want to close that loop with you, see if there is any other follow up. We also sent a letter to ACHD requesting that they address this issue. They responded with a separate letter some months ago, but I just wanted to kind of -- my e-mail that you don't see here, but my e-mail from Robert Tefteller, who represents Jacksons, to paraphrase it, I mean it's -- I took away from his tone that he had hit a dead end and wasn't really looking to explore anything more, but I just wanted to bring that back to you, so -- if there is nothing on those couple of items I'm going to jump back and the headliner today is the initial draft of ACHD's integrated five year work plan. So, for a couple of you this is your first time as a Council person hearing this or seeing this process, I just want to kind of connect some dots here that may or may not be connected for you already, but earlier this year we went through the process of coming up with four different lists of priority projects for intersections, roadways, community programs projects, and kind of other projects sending them off to ACHD after the Transportation Commission had gone through their process and sent it back to ACHD. So, that was some months ago. Just this last Wednesday the ACHD commission -- heard from their staff on the initial draft of that five year work plan and directed staff to go ahead and release -- release that initial draft for agency review. So, that's why I'm here. We have something to look at that shows basically all the -- how ACHD is going to spend their dollars over the next five years for capital projects. So, just a couple of things to highlight in a staff memo that was prepared for that workshop last week. Due to funding higher levels of pavement preservation and maintenance needs, a slightly higher funding level of community programs projects -- and I will just pause right there. That's actually up from four million dollars a year to six million dollars. Some federal mandates, you know, some modest revenue projections and capacity projects and the roadway intersection categories decreasing, there is not as much money as over the past going towards -- towards capital or expansion projects. There still are some, but there are some higher priority projects against federal mandates and some other things -- some budget things that the dollar just isn't going as far. So, this is your capital projects, new roadways and intersections, although, again, the positive with that is we are seeing more and more community programs or sidewalks, Safe Routes To Schools type projects. So, just to highlight a couple of things. First -- and I'm going to have on my in slide kind of this -- the next steps and the schedule here, but just to let you know. Public agency comments are due back to ACHD at the end of this month. So, August 29th they would like to have any comments we have on this initial draft back to them. September 17th they are going to have another work session and, then, October 22nd is when they are currently scheduled to consider and adopt the 2015 to 2019 integrated five year work plan. So, I'm not going to go through the entire plan. There is hundreds of projects in it, but I do want to highlight several of the projects in there that are in Meridian. Maybe before I do that, just something to note as well as I get into some of this. The downtown Boise implementation plan, which is a lot of conversion of the one Meridian City Council Workshop August 12, 2014 Page 23 of 44 way streets to two way streets in downtown Boise, is really going to be hit hard over the next four or five years. On average about 1.85, upwards of two million dollars per year will be spent in downtown Boise to do some maintenance projects and convert roadways downtown. So, there is a pretty big chunk over the next five years and in the PD -- again, on average I think it's almost one point -- almost two million dollars a year to do some of those conversions and it's maintenance, too, but that's -- that's a pretty good chunk of the capital budget for that. So, I'm going to run through and just read to you roadways and intersections and where they lay right now in the five year work plan, the draft, anyways, five year work plan and just to maybe help, I'm going to pull up a map and I will try to read the name of the roadway projects -- although this doesn't have streets on there, so it's probably not going to help too much. There we go. I will read the project and just kind of help you mentally figure out where we are at there. I'm going to read it by year. So, coming -- starting the first year in the program in 2015, McMillan from Locust Grove to Eagle Road will be widened to five lanes. Most of that project, although not all of it, is in Meridian. A little over half to two-thirds is in Meridian, but you -- the closer you get to Eagle Road that's the city of Boise. Ten Mile, Cherry to Ustick. Both those projects are also in your memo, but those are -- those are our two major roadway projects in FY -2015 that will be kicking off here probably before the end of the calendar year actually. And, then, again -- so, that's widening of Ten Mile between Cherry and Ustick. 2016. Franklin Road and Black Cat and, then, the -- that's the intersection and the Franklin, Black Cat to Ten Mile intersection are -- is the big project in Meridian for FY -2016. In 2017 we actually right now do not have any projects -- any roadway or intersection projects in Meridian planned for construction. So, that should make some of the people happy that there won't be any expansion projects happening in 2017, at least not in this five year work plan. 2018. There are the three Ustick projects. So, Ustick and Meridian Road intersection. Ustick, Linder -Meridian -- Ustick from Linder to Meridian. And Ustick from Meridian to Locust Grove. So, it's two mile segments and in the middle of that is the intersection of Meridian and Ustick. Those ones actually have slipped one year from 2016-2017 to 2018-2019. So, they are delayed one year from what's in the currently adopted five year work plan. I will just note, though, that design is going on in '16. So, if a new funding source or new revenue comes into the highway district, this is a project that -- or one of those three projects, depending on how much money is identified, could potentially advance back to where it's currently at in the program. So, it is a project identified -- a shelf ready project, if you will, that could be constructed earlier than -- than draft -- the draft program, but that would, again, accommodate for some unforeseen funds that are currently not identified. Also in 2018 are two projects -- intersection projects on Chinden and these are new to the program, so Chinden -- Meridian and Chinden, Locust Grove, are shown as construction projects in 2018. In 2019 Ten Mile Road and Amity -- De Weerd: Caleb? Meridian City Council Workshop August 12, 2014 Page 24 of 44 Hood: Yes. De Weerd: So, Chinden and Locust Grove and Chinden and Meridian, that would be an intersection improvement? Hood: Correct. De Weerd: Okay. That's going to do a lot of good for a very congested road. Hood: And, obviously, that would have to be coordinated with ITD. It's similar to the Eagle and McMillan intersection where ACHD will most likely, you know, manage that project, but there will be some cost sharing if you will, to use one of their terms, in that project, because it is on a state highway as well, so -- so, ITD, again, will have to be at the table and part of those discussions, but it is under ACHD's purview. De Weerd: Can I just ask -- it seemed like the intersection improvement at Chinden and Ten Mile took forever. Is that -- what is the typical length of time on an intersection improvement? Hood: Madam Mayor, I don't think I can answer that. I can just let you know that it's going to vary greatly, depending on the scope of what they are doing. With that one they had quite a bit of irrigation work that they had to do after, you know, relocating some things, even though it was partially conflicted with irrigation season, but that was a lot of their -- their prep to close Ten Mile Road was to do a lot of utility relocates. It just really kind of a varies. But that one -- since you brought it up, that one is in the memo and roadway did open last week? Rountree: Yes. Hood: Recently anyways is back open and that intersection. There will still be some work going on -- I think they have some striping and some shoulder work to do, but it is now complete. It has been a while. But it is substantially complete now, so -- De Weerd: Thank you. Hood: Sorry I don't have a good answer, six months or a year or three months, but it does vary. De Weerd: Thank you. Hood: And, then, in 2019 right now Ten Mile and Amity intersection is in the draft integrated five year work plan. So, those are -- and I know that's pretty quick. What I plan on doing is sending you all the integrated five year work plan, but, again, there is several hundred projects that are listed in there. Everything from Meridian City Council Workshop August 12, 2014 Page 25 of 44 rehabs to all kinds of stuff. So, I just want to highlight kind of the ones you tend to most care about. I'm not going to -- I'm not going to mention bridges or ITS projects or any other capital project highlights in this. Moving away though -- De Weerd: Caleb, can I just make one more comment on the Chinden intersection improvements and it shows that they are in the same funding year. If they could go at the same time that would be preferred, instead of having one go and, then, the other follow on the heels, just because they are pretty close together and not get all the pain at the same time, rather than extend it. Hood: And, Madam Mayor, that's a good point, a good comment. I think the appropriate place -- what I would request today is that at the end -- or near the end of this presentation, our All Things Transportation discussion, what I would like is to draft a letter to ACHD, if we are comfortable -- if I need to come back next week or in two weeks or whatever and discuss this more that's fine, too, but I would like to draft a letter on the initial draft and that certainly can be one sub topic in our -- in our letter of support or whatever else we want to -- we want to change. I realize -- I haven't given you all a chance to digest the whole thing, so you may not be comfortable today saying draft a letter, but -- but that is something I will note for a letter, hopefully, for your signature, Madam Mayor, by August 29th. De Weerd: Well -- and with the opening of Highway 16 bridge, I'm sure it's going to get -- it's only going to get nastier up there. Hood: And we all know this, but, again, Chinden is a state facility, so I appreciate ACHD jumping in there and saying these intersections -- you know, it's on a shared facility, but really we need to be talking to ITD about how much Chinden -- how much love Chinden should be getting. De Weerd: I think the letter should go ITD and be copied to ACHD, because I would agree with you on that. Hood: So, again, in my summary of the initial draft I do want to go through some community programs, pedestrian, economic development and other miscellaneous project highlights just briefly and, then, I have got a question or two to pose for you. So, here are some projects -- other projects, if you will, that are listed in the draft integrated five year work plan. Meridian Road and James Court pedestrian signals. So, this is a pedestrian signal right at the Bud Porter Pathway here on Meridian Road, just about a quarter of a mile or so north of the Cherry intersection on Meridian Road and that's a parks priority project, has been for some time, to get a safe crossing there and that's scheduled for construction in 2015. Locust Grove, from Comisky to Commander, for those of you that aren't familiar with that area, that's north of Locust Grove, so between Locust Grove and Chinden, that is to construct detached sidewalk on the west side of Locust Grove near the LDS Church and Central Academy High School up there near Meridian City Council Workshop August 12, 2014 Page 26 of 44 Chinden and that's a 2016 construction project. West 1st between Broadway and Pine and West 4th between Broadway and Maple in downtown Meridian are both in the integrated five year work plan for construction in 2017. These are both near Meridian Elementary School and in an area that a lot of the streets lack sidewalks and other amenities, if you will, although some of them aren't necessities. So, that -- that is kind of a completion. Some of the West 4th Street is a phase of West 4th Street. The next phase of West 4th Street should, again, create a continuous sidewalk system in the vicinity of Meridian Elementary School. A developer cooperative project to note, similar to Ten Mile-Chinden intersection project, which was also a developer cooperative project by Walmart. Linder Road, a quarter mile north of Chinden, to two-thirds of a mile north of Chinden is also listed as a potential developer cooperative project with the LDS stake -- or, excuse me, temple that will be constructed up there. So, they have engaged ACHD about doing some roadway widening, essentially, between the bluff there before it drops down to the Phyllis Canal and the Boise River and back towards Chinden in 2016. Let's see. Oh. And, then, just another miscellaneous item. The ACHD Park and Ride lot at Ten Mile -Overland, similar to what you heard earlier today, ACHD had some bids that came in -- I think it was like 40 percent over engineer's estimate. So, they rejected those bids. It will be back out for construction in 2015. So, there is a Park and Ride lot planned there at Ten Mile -Overland in 2015. Cherry Lane, Linder to Meridian. This is a little bit different project. This is a local Highway Safety Improvement program project, so it's a federal project to install street lights to improve driver safety and reduce nighttime accidents on Cherry Lane between Linder and Meridian. So, just west of downtown there there is -- it's a high crash location in that area and so ACHD is going to be putting in roadway lights in 2016 in the draft plan. Eagle Road, Falcon to Victory. This project has actually been in the five year work plan for some time and in 2015 they are going to try to fill in that small gap of sidewalk and a bus stop on the east side of the road. You may recall the Falconers Place project, I think it was ultimately denied, but there is some concerns about getting out onto Eagle Road from Falcon. So, some improvements, basically, south of the Victory intersection to help a little bit with making that intersection and that section of Eagle Road a little bit safer for pedestrians. And, then, Fairview Avenue, East 3rd to Locust Grove. This is another one. So, just on the other side of downtown on Fairview from 2 1/2 Street to Locust Grove, ACHD will be constructing sidewalk on the north and south sides of Fairview. So, this is big. This is a big project in 2015. 1 think this will be great for our community to have continuous sidewalk between Locust Grove into essentially Main Street, because they only have to go to 2 1/2 Street, because you have sidewalk from there west. But that will really be a great project I think for 2015. And, then, I want to spend just a couple of minutes on -- on a couple of -- an option that I have explored with ACHD staff and with our staff even to talk about a couple of other -- one is an economic development project, so East 3rd Street, Franklin to Carlton. So, this is in the same vein of the East 3rd Street extension up to Fairview Avenue north of Carlton. Right now that doesn't go through. You have to either use 2 1/2 Street or zoom over to Main Street or whatever to get through there, but the 2009 Merldlan City Council Workshop August 12, 2014 Page 27 of 44 alignment study that we and ACHD adopted -- this is phase one. So, this would go from Franklin up to Carlton and do the streetscape improvements on East 3rd Street consistent with the cross-section master plan. Now, the cross-section master plan -- Brian talked to you about that before. It has identified preferred cross-sections for the downtown core area. It actually will be before you I believe in September for your consideration and adoption. It's been vetted through MDC and ACHD, the Planning and Zoning Commission, and your turn is coming up to actually consider it for adoption. So, ACHD has already taken that and said, okay, the city is working on this, we are going to assume it gets adopted and -- so that's a 3.3, 3.4 million dollar project. You can see right now in the draft integrated five year work plan they have got design in 2017, right of way in 2018, and, then, construction in 2019, 2020, somewhere in that area. So, just kind of put that in the back of your mind for one second, because I want to play with that project a little bit, as well as the Pine Avenue, East 5th to Atkins. So, right now in the integrated five year work plan ACHD is planning to design that project in 2015, 2016. Also acquire the right of way in the latter part of 2016 and, then, construct it in 2017. Now, what is it? Right now it would extend the pathway -- I'm going to quickly move back to our aerial here. Everyone is probably familiar with -- so, the parks with some CDBG funds constructed a section of pathway along Pine and it goes up into this residential neighborhood and ends at Badley. Right now there is a gap in the sidewalk from that terminus back to about East 5th and, then, also a -- tying that back in with some curb ramps and whatever back over this way. This is -- let's see. Where is Atkins? Yeah. Right here. So, the -- making some of the sidewalk improvements here and, then, back on the other side towards 5th and installing bike lanes on both -- both sides of the roadway. What I would -- so, that's, again, currently what's in their five year work plan at about 660,000 dollars budget. So, there is an alternative that ACHD has already looked at doing and, again, they have initially re -scoped this project with their baseline widening. And when I say baseline, it's basically what ACHD would do for the city without putting much into the pot. We don't have to partner too terribly much to get this. The caveat to that -- or just some notes is if we do this it would delay the East 3rd Street project I pointed out to you before. That timeline of design and construction in 2019-2020, it would probably push that back some to be determined amount, but it would delay that project. So, what we will get is a complete street. We would get a full 11 foot lanes, five foot bike lanes each direction, two foot curb and gutter, six foot planter strips and five foot sidewalks on both streets the entire length of Pine, basically. So, again, new cost estimates on what that looks like for ACHD, it bumps it up to about a two million dollar project. So, you have got 660,000 now to about a two million dollar project. They can do that, but they want to take the difference, the 1.3 or 1.2 million dollars and pull it away from another project or at least that's something I have explored with them. This is something I have been -- with some others have been exploring. Hey, we would really like Pine, it's a key entryway corridor, what can we do to not just scab on some sidewalk on a couple of places, but really make this project. So, there is one option in the ACHD baseline budget. With this one I will note in the six foot planter area, the city would still be Meridian City Council Workshop August 12, 2014 Page 28 of 44 responsible, though, for buying the planter materials there. I mean ACHD. That's their policy. They don't buy landscape materials. So, target two is what that -- again, the draft cross-section master plan that Brian has been working on for the downtown, it actually calls for two feet additional planter area, so that would make them eight foot planter width and seven foot sidewalks for a 66 foot total right of way versus the 58 total right of way that ACHD would go after and construct, basically, free of charge. So, just a little bit on the extra two feet. Two feet on the planter isn't a huge deal, if we need to cut that and save four feet total right of way, I think that is totally appropriate and doable. The reason that the master cross-section plan shows eight foot is with eight foot you don't have to put the root barriers down. You put it eight foot, you aren't -- you're not likely for the trees to -- the roots to break up the curbs and break up the sidewalk. If you go anything less than that, ACHD requires you to install root barriers to direct the roots down into the ground and not break up concrete. So, you have some cost savings there. It's a little bit more right of way you have to buy or land you have to buy, but less maintenance over time with the roots that -- seven foot sidewalks are something that as a community we have talked. I know this is something that the Mayor's, you know, talking about detached bike lanes for -- that are more family friendly. With either one of these options, alternative one or two, you're going to have five foot next -to -the -travel -lane -of -cars bike lanes. Both with this option you would also have a seven foot detached sidewalk where you could run bikes. If your family -- you know, you aren't going to bring your family probably into the five foot bike lane, but that's more meant for a commuter or someone that's pretty confident to be in a bike lane with cars. The extra two feet on the sidewalk on either side gives you a nice area -- it's splitting the difference a little bit between a current -- you know, five foot sidewalk and a ten foot pathway. You're not expecting two-way traffic on that, but you have got seven foot on each side, so you could come into downtown and leave on the other side going with traffic, but be detached from traffic. So, just something to consider. How much of a priority is that, because it comes with a price tag, as you can see here. There is something that ACHD would be asking for -- and these are estimates. I don't want -- I'm not asking for a budget amendment or anything right now, but these are estimates and what it potentially could cost if we go through this process and say, yep, we want the full boat, if you will. A cross-section for this. Again, I think there is a little bit of leeway on the right of way, especially with that note, if we get close to home go with the six foot planter, go with the four foot planter, you know, neck that down to avoid some of those impacts. De Weerd: And, Caleb, I would just say, too, I don't think you need to do it on both sides, if you even used the extra two feet and put it on just one side. Even from the seven foot to a nine foot to get a better pathway and impression of this -- it's for pedestrians and bikes. Just however we can delineate a bike friendly -- you don't have to be a car on your bike, you can be a family and feel safe that your kids can use it, even if you're not there. Meridian City Council Workshop August 12, 2014 Page 29 of 44 Hood: We certainly can explore some of those options. This is sort of a baseline starting point. I will serve on the project team as they get into design and scope this a little bit closer. I can certainly work with them on some of that. Just a little bit of background on that. We have explored that option, having a ten foot wide on one side versus do we do something on both sides and it was basically recommended against, because -- and I -- as a driver I do it, too, I will pull up to an intersection -- I'm looking one way for the oncoming cars. If a bicyclist is riding the wrong way -- so, against traffic on the wrong side of the road, I'm not likely to look that way and your -- the likelihood of accidents occurring from either a car pulling out too far into -- you know, past the stop bar and a bike hitting a car and having to weave into the street to avoid that or a car hitting a pedestrian, because they are looking back for cars and bikes that should be coming one way and not the other, it was, basically, a best practice thing to put facilities on both sides. But we can explore that some more. Again, this is just a starting point, but if it doesn't come out that way I still think seven foot should be appropriate. You can ride two abreast on a bike and that should be a pretty comfortable situation for most folks there. But, again, I'm a little -- even at nine or ten foot wide you're still riding against traffic and you have to worry about bikes and cars and it's pretty busy that way. So, we can discuss that some more and I will just also note in the two alternatives to what's currently in the five year work plan, that last sentence there, additional costs would also delay the East 3rd Street project, obviously. So, if you choose alternative one or alternative two, either way there is some negative impact to the East 3rd Street project. So, this is just a cross- section, just too kind of show you from -- basically if East 6th were extended to Pine it would come in somewhere in this general vicinity. So, from there back in towards Main Street and actually even through Meridian Road, ACHD currently has 80 feet of right of way. So, more than enough. Again, we are talking a 58 foot right of way is all you really need to do -- kind of the baseline as you can see here. So, as you get back further you got Ada County parcels and some other constraints with the irrigation facility that's in front of the Dennis Baker property there on the north side where that pathway was constructed. But I just wanted to show you that it really -- from about here in it does vary that -- from here back -- I should say here to downtown, the right of way -- existing right of way varies quite substantially from what exists back towards Locust Grove. So, staff's recommendation. Again, I did talk with Parks. Mike is still here. I talked with legal about the table and Public Works representatives at one of our recent streetscape meetings and what we recommend is as an alternative to alternative two, so a hybrid alternative. So, in that letter I mentioned before on the integrated five year work plan requested ACHD change the scope for Pine and use or reprogram some of those funds, approximately 1.2 million dollars, from the East 3rd Street project phase one, to do a complete street. I will just note that -- doing just some -- looking at the dollars and where you could potentially pull funds from, it should -- it could, anyways, still keep Pine on the same construction schedule. So, right now it's a plan 2017 to just do the sidewalk on the north side and the bike lanes. Even with the re -scope they could still design it in '16, right of way and construction in 17 and '18. So, there is really no delay Meridian City Council Workshop August 12, 2014 Page 30 of 44 to anything on Pine, just all the construction there, it would just delay 3rd. Some of the justification -- I think Pine is just -- it's a key corridor into our downtown and the downside I think is if we don't you do a bigger project now, this -- I don't want to call it a band-aid, because 660,000 dollars is a pretty good size project, but the thing is is that's going to have to last us for quite a while. They will make that investment and they won't probably touch Pine for a substantial amount of time. So, are we willing to leave with something that really isn't complete for who knows how many more years -- it probably won't be in the program for a while. This is also a key bicycle and pedestrian corridor into Boise. So, Pine, Executive, Emerald, it is -- it has a lot of signs for bicyclists, it's heavily used by bike commuters, this is a gap in the network. Partnerships. Haven't talked to MDC yet about this potential option. Again, this just all kind of evolved last week. But MDC has, through their prioritization process, established both East 3rd and Pine as priority corridors for them, too. So, I think that they would be willing to put forth some partnership towards, again, some of these out-of-pocket costs again. We haven't -- I haven't broached the topic, but I think between MDC, Parks, potentially CDBG -- although your federal funds, you may not want to go there. There is a community program set aside that ACHD has about half a million dollars that kind of floats, if you will, that they can pull into projects. Economic development. They also have a bicycle program that may be able to -- this is a pretty heavily -- the justification for this -- you're not adding car capacity, you're adding bike capacity, right, and it's two lanes, though, for cars. So, anyways, there is partnerships and other potential funding opportunity there. And, then, again, the hybrid part of why I call this hybrid alternative two is we can work as part of the ACHD project team to evaluate if we get too close to a house, a power pole, or a -- you know, some other obstruction -- a tree that is going to be too costly, we can say let's go around or let's lessen that. We will go down to five foot for a sidewalk or whatever the case may be. So, just another -- or can we look at nine or ten foot on one side. I can bring that back up. Also just a sub note in there. I would just clarify that the scope would be to go all the way from Main to Stonehenge. So, Stonehenge is the roadway just a little bit further at Locust Grove. Stonehenge. So, basically, where Locust Grove goes from your five lane intersection and necks down to two lanes, widen that out. So, I think with that that is staff's recommendation. I wanted to definitely get just some feedback from you on that option of Pine and 3rd and, then, again, the timeline and how comfortable you all are with a letter now and just my summary or if you want to go through it in more details before writing a letter, but, Mr. President, with that that is my -- my presentation -- or any other questions you have on the memo. Again, I spent a lot of time on the five year work plan, but if there is anything else on any other projects in the memo you want to discuss I will stand now for those. Rountree: Questions for Caleb? Bird: I have none. Meridian City Counoll Workshop August 12, 2014 Page 31 of 44 Zaremba: Mr. President? Rountree: Mr. Zaremba. Zaremba: As always thank you for your thoroughness, Caleb. You make excellent explanations. As somebody who personally is always trying to keep East 3rd Street in the front of everybody's mind, I understand your explanation that perhaps Pine should be a priority over that. I could go along with that. Even though I hope that doesn't mean that East 3rd would be forever dropped, that we would need to talk about that. We need to talk about that coming up later. But I could see your recommendation on that. It makes sense to me. I do go across that section of Pine and it's very narrow and needs improvement and as opposed to, as you say, doing a band-aid improvement now, it might make sense to do the whole thing. So, I think that's a good suggestion. Just another comment. You mentioned -- I think as you were talking about to Cherry Lane between Linder and Meridian, about adding lighting for safety and -- pedestrian lighting and that kind of stuff, which I also am very much in favor of. The only thing I would comment on that is at night, as I approach from the south the intersection of Pine and Meridian and I look up Meridian and see all the beautiful lights that have been put in there, just thinking of the expense of the lights themselves and the installation and electricity, my personal opinion is there is probably twice as many lights there as there needs to be. I think they are beautiful and they are great, but as much as we need safety lighting in other places, if we put about half that many in we could cover twice -- instead of doing a mile with a 100 lights, we could do two miles with 50 lights or something -- something like that. I just -- you know, maybe the people that know about lumens and nighttime have a professional opinion about it, but it's just -- my observation is that we don't necessarily need to have lights every 20 feet. Hood: I will pass that along. I know Warren is here and I sit next to Austin Peterson enough to pick up on some of that, but that -- this project is coordinated with the city and, in fact, the city is a local match for -- for that project. So, I think they are using our spacing standards, but I will pass that along that there is some concern. Again, Warren is sitting right here. You know, that our spacing standards -- to look at that. I'm not overly familiar with that intersection, so I don't know what the spacing is there, but I will use that as an example and say this seems to be too much, so -- but it is a national standard I know we currently use, but I will just let them know of that concern. Zaremba: What I noticed most is -- I would call it the east side of North Meridian between Pine and Franklin. Just appears to me that there is more lights than we need. Bird: Amen. Rountree: There is a lot of lights. Meridian City Council Workshop August 12, 2014 Page 32 of 44 Zaremba: They are pretty, but -- but half of them would serve the purpose and still be safe. Bird: You want to make sure that the pedestrians can read the paper as they walk down the road. Rountree: Warren, did you have a comment? Stewart: I was trying to get a feel for where you were talking. Can you say that location again where you -- the lights -- Zaremba: On Meridian on the east side of the street, Meridian, between Pine and Cherry. Stewart: Madam Mayor, Members of the Council -- well, I guess Madam Mayor isn't here. Sorry. Zaremba: And I know MDC was involved in that as well and shared in the cost. Bird: We paid for it. Stewart: Yeah. MDC was involved. I think we split the cost. Zaremba: But I just don't think we need quite that many of them. Stewart: And the way that works is you are correct, there is a national standard for lumens. So, we -- we actually have computer programs that essentially -- and we don't always do this, we have consultants that do this, that have computer programs, they take the lights that are planned for that area, the height of the poles and' so forth, and, then, they run a computer model that essentially says how many lumens are going to be created along a particular path and there are national standards for how dim it should get in between the poles. Now, those poles are what we call decorative lighting. They are a lot shorter and the fixtures themselves don't provide the kind of illumination that a lot of the higher poles do. So, you will see the spacing between those poles get very nearly as compared to our standard pole on a standard street. So, anytime you see decorative lighting you are going to see a lot more lights than you would if it was a standard pole and it was 35 foot high with a standard fixture. I don't know if that helps. But the standards that we have adopted as a city actually come -- you know, one of the things we wanted to do was make sure that we followed, essentially, best practices. We have compared several different alternatives for that, taken the one that is most commonly recognized as the authority throughout the U.S. Taken probably the most -- I would say liberal approach we could with spacing and to make it as palatable as possible with the community and that's what we have sort of adopted as our standard. You will definitely see -- you know, we feel Meridian City Council Workshop August 12, 2014 Page 33 of 44 an improvement in lighting where those standards are applied, but anytime you do get decorative lighting you're going to see a lot of lights. Thank you. Zaremba: Thank you. Rountree: Further comments? Bird: I have none. Rountree: Caleb, bring up your aerial of Pine and put me down where the drain is and the alley loaded product is. I guess it's -- it's more close -- it's closer to 5th. And I don't know what the subdivision plat is on that group of homes, but it seems to me it was intentionally alley loading to minimize access to Pine, but I have noticed that there is at least two homes, if not some more, that have provided an access for them onto Pine. I don't know if that's against their restrictions on the subdivision plat and I don't know if that's that ACHD might have overruled, if, in fact, it was prohibited on the plat. But I don't recall that we allowed for access onto Pine with that concept. And it's being used as a -- as a driveway. Bird: Yep, Hood: Mr. President, I mean I see -- and I'm not sure where that subdivision boundary -- this may be an older home. Rountree: Yeah. Hood: You know, because this is about where your original town site type plat starts. So, this one may be not part of that. Rountree: It seems to be being shared by those two. Hood: Yeah. I think, you know, cars park along here. Rountree: Right. Hood: I don't know about -- but I will look into that. I will -- yeah, I will look into that. Rountree: As far as what you're talking about to advance planning, getting that complete, I fully endorse that. I think that's a critical piece, particularly with the changes on Main Street and Meridian and the amount of traffic that is utilizing the corridor as, basically, traffic defers to other routes to not necessarily go down Franklin or some other east -west route and I think it's an important one to finish. I think you're going to have to be really creative when it narrows down and I'm not so sure that you're going to necessarily need a lot of the space that you are Meridian City Council Workshop August 12, 2014 Page 34 of 44 thinking in that particular area, because you really have no place to go with it. You're probably going to want to put pedestrians and bicycles on the other side of the drain and some way utilize as much of that space to minimize the impact on the properties on the south side. But other than that I think it's -- it's a corridor that you can probably look at your corridor standards and implement. Hood: Okay. Rountree: Any comments about the -- the projects that were mentioned? I don't have any. I think we finally got them refined to the point where everybody is in agreement. The only thing I would ask staff to remind ACHD -- and I know they already know this, but I'm going to say it anyway -- is that if State Highway 16 bridge opens up, I hope that they have some money in a contingency somewhere to remedy the unforeseen problems that may result once traffic starts to divert there and with Ten Mile being closed starting probably next year, I assume that's going to be closed or if not its going to be under heavy construction, what the diversion of traffic is going to be for a year there and make sure that it's accommodated before the problems come, but I am looking forward to that getting down and that Franklin piece from Black Cat to Ten Mile will be very helpful. I don't see any other comments. I guess the direction is move forward with a letter. Hood: For the Mayor to sign. Rountree: For the Mayor to sign, basically, talking about what you were talking about and with the idea of advancing Pine and not necessarily putting 3rd on the back burner, but potentially using that funding to get Pine Street complete in that section. Hood: Thank you, Mr. President. And I will come back once we get a little bit further into design and check in with you and say here is some options, we can have eight foot planters or no planters or -- and we will check in before we go towards spending any money on this I will come back, so -- Rountree: Very good. Hood: Thank you. Rountree: Thanks for the report. Good job. Rountree: Next item on the agenda, Item 9, Ordinances. First ordinance is -- Bird: You have got 8-C. C. Community Development: Discuss a Proposed Ada County Subdivision, Profile Ridge Meridian City Council Workshop August 12, 2014 Page 35 of" Rountree: Oh, we have got C? Okay. All right. Yeah, we do. All right. Community Development. Hood: Mr. President, Members of the Council, we have a joint discussion that we would like to have with you, with Warren Stewart and myself. I'm going to kick it off and just kind of get us oriented and situated as to what's going on here. There is a particular project we would like to talk with you about, but there is also a bigger kind of policy level discussion that I would also like to broach concurrently. So, we have a Title 9 agreement with Ada County, which basically says for our established area of city impact Ada County will be the shepherds of land that will be eventually in the city limits. So, they have agreed to help us implement our Comprehensive Plan for projects they review and approve in the county. That's a lot of what Title 9 says. Part of that also is they transmit to us any projects, then, that are applied for to develop in Ada County. Not just subdivisions, but we get accessory structures, we get conditional use permits, we get all kinds of different applications. A lot of times we send back a no comment letter. If it's somebody wanting to run a daycare or somebody wanting to build a shed or something that really there is no conflict with future plans of the city, using -- for me I use the future land use map as our guide and say, okay, are you trying to do a commercial endeavor and in a low density residential area, well, I may comment on that and say, hey, we show low density and most of the time, even with subdivisions, we have a no comment, because there is a resubdivision plan that's required, they have to put in dry line services, those types of things where, again, as the city limits start to move towards these types of projects we can retrofit them and incorporate them into the city pretty seamlessly. Well, recently we have had a project come to our attention called Profile Ridge that has some issues and there is some real problems with what's being proposed in that. It's not very feasible in my opinion for the project proposed to conform over time or ever with the city's low density for a little tiny piece of it, but mostly medium density residential designation we have on this 80 acre site. So, we are -- Eagle Road and Lake Hazel, just south of Lake Hazel. This vicinity map shows where recently Southern Highlands was recently approved for annexation, so -- and, then, just today we received an application actually for Hill Country Farms. So, Brighton Corporation is going to be developing this. So, the city limits more than likely are going to be within a quarter mile of the subject site. So, we met with the applicant's representative and we said, hey, you know what, instead of doing five acre lots, what do you think about extending sewer -- and just also so you know, this church is already receiving water. So, water, essentially, is to their property line. Sewer isn't too terribly far away or won't be later this year and we said, you know, within a short time period you could develop this property at three to eight dwelling units an acre, rather than five acre lots. Well, we would really like to do a horse subdivision. You know, people who have horses and we have no problems with -- five acre projects are fine, but we want to see how that could resubdivide to be consistent with our long range plan and the developer said, oh, no, we are putting CC&Rs on this project where you can't subdivide these five acres. We are going to put deed restrictions on these lots to where Meridian City Council Workshop August 12, 2014 Page 36 of 44 they can't ever be resubdivided and we said we got some issues here. It's okay to have five acres and be able to resubdivide them in the future, but our city limits go another mile south of here. We need to go to and through your property with city limits, so that people or yourself can also annex into the city if they so choose or when they so choose. So, that's kind of some background information on what we have done with them. I have actually submitted some preliminary comments already to the planner that's working on this project, but today we would like some more direction from you on how much of a stink we should really make with the county on a project like this. Should we just send a letter? Should we have no comment? Should we go to a hearing. Should we send Council people to the commissioners hearings and really drive the point home. This is important. And I have got -- again we are tag teaming this, so I'm going to let Bruce and/or Warren do some of the -- the next part of the presentation, but here is the five acre site -- five acre lots, excuse me, on the 80 acres and see, again, you got some ten acre lots, but there is a ridge that goes down to Boise Ranch Golf Course right here. So, again, you're talking about a pretty steep slope going right along this -- right along here. The other thing I guess I will point out real quick in our comp plan, one of the concerns we had with -- with five acre lots long term is here at Lake Hazel, this is a high density residential district or designation. So, we envision not just three to eight dwelling units per acre, but upwards of 12 to 15. And so you start to run into compatibility issues when the long range, the ultimate plan that the city has adopted says high density and you have someone else developing this 80 acres that says, no, forever five acres. So, I have nothing against making five acre lots. My opinion is this is just the wrong location for that project. Somewhere over here, you know, at the end of the sewer shed and, again, we will let them talk about that a little bit more, but here is the project. It's a half mile long, essentially dead end cul-de-sac road. That raises all kinds of red flags for me and these are large homes. These are 5,000 square foot homes. I mean they are nice. They are nice homes. But fire protection on those, on a half mile long dead end roadway, not our -- it's not necessarily my issue, but the part of that that is my issue is connectivity and interconnectivity. There is nothing shown on the property to the south, another 80 acre parcel, that will develop and redevelop. They are proposing another access to Lake Hazel for this lot, because nothing is shown for them to get back here. Now, to be fair, there is the Farr Lateral that runs through here and a bridge would be required or some culvert to get across that at some location here, but we are not even saying you have to do that right now with the five acres. It sets the stage, though, so in the future when these redevelop and we can have a crossing and you're not just forever and ever a five acre cul-de-sac subdivision. We made our initial comments to the county and they did require the applicant to submit a revised plan that actually shows dry line sewer and water through here and this is where I think I'm going to transition to one of these gentlemen to expand a little bit of the need or, Warren, just so you know, I have this map if you want to start with that one or -- if you're going to speak. Meridian City Council Workshop August 12, 2014 Page 37 of 44 Stewart: Thank you. Council President, Members of the Council, so I guess the place to start here is as Caleb has said, water -- essentially, the water system already exists to the boundary of this property. The sewer system is a ways to the north, but could be extended and will be brought down fairly close to this project with the development of the Brighton project. The real issue for us is you can see the red hatched area, that is the upper end of a drainage basin for the sewer shed. So, essentially, those are the -- the high points and you can see that this particular piece of property isolates or completely cuts off that upper end of that drainage basin. Without sewer extending to and through this particular parcel, we cannot serve the upper end of that drainage basin with gravity sewer. It would have to be a lift station developed and pumped over into an adjacent development or adjacent sewer shed, which I'm not sure whether or not the downstream lines even have capacity for that. So, one of the concerns that I have as -- and Public Works is that it -- for me in order for the master plan that we have for our sewer system to be fully implemented and serve the property hatched in red, we would need sewer to go to this particular parcel and so we feel it's pretty important that somehow we make a way for that to happen. Rountree: Question. I guess, Warren, would not the road and the stub street that they showed on that one sub provide a corridor for that? Stewart: Councilman Rountree, yes, it would. So, if -- my understanding is that the county has required that of them. They have shown it, but they plan to fight it. So, if the county holds to their guns and makes it go in, then, we should be okay. If they allow the developer to remove that from the development, as he is going to try and ask them to do, that would be problematic for us. Hood: Mr. President, if I can, just one point of clarification. Those are -- that's not a stub the street. It is just a sewer and water easement. Rountree: It is an easement? Hood: Just an easement. Rountree: Okay. Hood: And as Warren did say, I mean they are showing it at the requirement of Ada County, but they fully intend to say we only drew that because you required us to. We do not want to do this. So, that's kind of where we are -- I mean it's -- Rountree: Comments? I guess my point -- perspective is that we let the county know that it's a requirement. The area has been master planned. The county has approved our Comprehensive Plan, which incorporated the master plan and the planning for that area and the density that we show. They at least need to accommodate the infrastructure that's going to support that density. If these folks choose not to follow that, then, that's their right as property owners, but they Meridian City Councll Workshop August 12, 2014 Page 38 of 44 need to not block any future property owners from their right to develop their property according to the master plan and the Comprehensive Plan that's been approved. So, I would say we build a case that, fine, you go ahead with your ranchettes or hobby farms or whatever you want to call them, but you provide the utility corridor for sewer and water and I think probably if they are going to build it, at least the dry line in the road to accommodate it to meet what our requirements would be in terms of sizing. As far as fire protection, that brings up another question. They are in a rural district. We require an impact fee for fire. The county has kind of danced around that with us with other county developments, but they have indicated that they might be inclined to collect that impact fee for the rural to be utilized for fire protection and all of the other reasons you can come up with with why this is not a particularly good idea, but -- Kentucky Ridge might be a good example. Freckleton: Mr. President? Bird: Meridian Heights. Rountree: Yes. Freckleton: Members of the Council. Just one point of clarification. This development actually does fall in the Kuna rural district. Rountree: It does fall in the -- okay. Freckleton: It's not in our area. Rountree: All right. Well, then, they can -- they can require sprinklers or whatever. Freckleton: We did have some discussion with the applicant. We have met with them two or three times -- I can't recall. At first they didn't want to extend sewer, they didn't want to extend water. But I had some discussion with them regarding fire protection and due to the size of the homes that they are proposing, the International Fire Code you kick into Appendix B of the fire code, which starts escalating the fire flow requirement and he had stated originally that they wanted to have residential sprinkler systems in these homes and -- but they are going to be feeding those with domestic wells drilled on each independent lot and so I think he -- the wheels kind of started turning that it probably would be better if they did have our community system in there and -- but it's one of those -- you want one, but not the other utility and so it was kind of our position that it's both. Zaremba: Mr, President. Rountree: David. Meridian City Council Workshop August 12, 2014 Page 39 of" Zaremba: Typically it's been our position that there are three things that go together. Water, sewer and annexation and you can't have any one of those without the other two. We have made accommodations were somebody was not adjacent to annex where we have said, okay, we will extend the service to you, but you have an implied consent to annex. As soon as you're annexable you will. So, I have been comfortable with that arrangement if we make sure developers are agreeing to it and I'm sure every developer would like to be relieved of the two and through expense. They probably all would ask for relief from that if they could, but as the point has been made it is our responsibility to make sure that future properties can be served and that means to and through is also the requirement. How much of that we can ask the county to enforce is always what the issue is and I think it's been mentioned with Kentucky Ridge and there were some other county subdivisions maybe five years ago that didn't meet fire flows, didn't meet road widths, didn't meet a whole bunch of stuff and I don't know how we do it. We can -- we need to get across to some of these developers, okay, you're physically in the county now and their rules are a little different than ours, but understand that you are within our area of impact and we are likely to reach that pretty soon, which means that your purchasers, your customers, are at some point going to want to or need to annex into the city and your development has to meet our requirements and I don't know -- I guess the issue is how do we get the county to enforce our requirements, which are different, but somehow we need to get it across to the developers that they are making it very difficult on their customers if somewhere down the road, five, ten years from now they want to annex and discover they have got a lot of expense to bring it up to our codes and I don't know how we get that across, but we probably can't ask them to put a note on their deeds that says be aware. But somehow we need to encourage the county to be on our side and tell the developers what the pain is if they don't. Rountree: Other comments? Bird: I have none. Rountree: Anymore specific direction you need from us? Hood: Just a clarification, Mr. President. I have -- well, actually, Bruce and I have -- both Bruce and I are on this topic. Do you think it's appropriate -- she's not here, obviously, for this discussion, but to draft a letter with some of those comments you made for both your and her signature to send to the board? Are you comfortable with that or how should we -- Rountree: I think that's appropriate and I think the county needs to know that we are united on the points that we are going to make that if it's inevitable at least make it palatable. Hood: Right. Meridian City Council Workshop August 12, 2014 Page 40 of 44 Freckleton: Mr. President? If I could just ask for just a point of clarification. When we wrote our letter -- or Caleb and I wrote our letters to the county, we required or requested that they require dry line sewer and water, just so that -- you know, as Councilman Zaremba had noted, when we get up there with our water main we would like to be able to just hook on and it's good, you know, without having to tear up all this infrastructure at a great expense to put water in later, so -- Rountree: Well, remember, if they do that that could very well be a -- to get around some of their issues that could very well be a private street, so we need to have an ability to access that infrastructure somehow or another in their HOA, CC&Rs, or whatever constitutes the subdivision. Freckleton: And we had asked for a 50 foot wide easement over this entire length of the east -west roadway, cul-de-sac, as well as the southern leg. Rountree: Okay. Good. Freckleton: Thank you. Rountree: Anything else? Hood: Thank you. Item 9: Ordinances A. Ordinance No. 14-1617: An Ordinance (AZ 14-010 Archer Farm Subdivision) For Annexation And Rezone Of A Parcel Of Land Situated In The NW 1/4 Of The NW 1/4 Of Section 31, Township 4 North, Range 1 East, Boise Meridian, Establishing And Determining The Land Use Zoning Classification Of Said Lands From Rut To R-8 (Medium Density Residential District); And Providing An Effective Date Rountree: Thank you. Okay. Now, I will jump ahead to where I jumped ahead. Item 9. Ordinances. Item 9-A. Madam Clerk, if you would read the Ordinance 14-1617 by title only. Jones: Thank you, Mr. President. An Ordinance AZ 14-010, Archer Farms Subdivision, for annexation and rezone of a parcel of land situated in the northwest quarter of the northwest quarter of Section 31, Township 4 North, Range 1 East, Boise meridian, Ada County, Idaho, as described in Attachment A and annexing certain lands and territories situated in Ada County, Idaho, and adjacent and contiguous to the corporate limits of the City of Meridian, as requested by the City of Meridian establishing and determining the land use Meridian City Council Workshop August 12, 2014 Page 41 of 44 zoning classification of said lands from RUT to R-8 medium density residential district in the Meridian City Code, providing copies of this ordinance be filed with the 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. Rountree: You have heard the ordinance read by title only. Anyone wish to hear in its entirety? Seeing none, I will entertain a motion. Bird: Mr. President? Rountree: Mr. Bird. Bird: I move we approve Ordinance No. 14-1617 with suspension of rules. Milam: Second. Rountree: It's been moved and seconded to approve Item 9-A. Roll call. Roll Call: Bird; yea; Rountree, yea; Zaremba, yea; Borton, absent; Milam, yea; Cavener, yea. MOTION CARRIED: FIVE AYES. ONE ABSENT. B. Ordinance No. 14-1618: An Ordinance (AZ 14-001 Ten Mile Center) For Annexation and Rezone of a Parcel of Land Situated In the NW 1/4 of Section 14, Township 3 North, Range 1 West, Boise Meridian, Establishing and Determining the Land Use Zoning Classification of Said Lands from RUT to R-8, TN -R, TN -C and CG and Providing an Effective Date Rountree: Thank you. Next Item. 9-B. Ordnance 14-1618. Madam Clerk, if you could read that by title only, please. Jones: Thank you, Mr. President. An Ordinance AZ 14-001, Ten Mile Center, for annexation and rezone of a parcel of land located in the northwest quarter of Section 14, 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 Meridian, as requested by the City of Meridian, establishing and determining the land use zoning classification of said lands from RUT to R-8, Medium Density Residential, TN -R, Traditional Neighborhood Center, TN -C, Traditional Neighborhood Residential, and C -G, General Retail and Service Commercial Districts, in the Meridian City Code, providing that copies of this ordinance shall be filed with the Ada County Assessor, the Ada County Recorder, Meridian City Council Workshop August 12, 2014 Page 42 of 44 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. Rountree: You have heard Item 9-B read by title only. Anyone wish to hear it in its entirety? Seeing none, I would entertain a motion. Bird: Mr. President? Rountree: Mr. Bird. Bird: I move we approve Ordinance No. 14-1618 with suspension of rules. Milam: Second. Rountree: It's been moved and seconded to approve Item 9-B. Roll call, please. Roll Call: Bird; yea; Rountree, yea; Zaremba, yea; Borton, absent; Milam, yea; Cavener, yea. MOTION CARRIED: FIVE AYES. ONE ABSENT. Item 10: Future Meeting Topics A. Joint Meeting with Kuna to Discuss Area of Impact Scheduling Rountree: That brings us to Item 10, the Future Meeting Topics. The joint meeting with Kuna and discussion of area of impact scheduling. Jacy, do you have something for us on that? Jones: I do. Mr. President, Council Members, as our last discussion was left with potentially trying to schedule that joint meeting for today, that, obviously, hasn't happened. Kuna has had some conflicts. So, they are proposing two new dates. September 16th and September 23rd. Either of those dates at 3:00 p.m. So, our hope would be that it would be, you know, an hour or two to allow you time to get something to eat and, then, get back here for our regular 6:00 o'clock meeting. Both of the dates have been confirmed and approved by their mayor and council and city attorney and they have been approved by Mayor Tammy as well. So, let me know if you have a preference on those two, if something -- if you have a conflict, but we are hoping for 3:00 p.m. If not, we can start looking at the next fifth Tuesday, which would put us up to September 30th. Rountree: Everybody is okay with that, just send an e-mail and ask for a response and we will get back to you. Meridian City Council Workshop August 12, 2014 Page 43 of 44 Jones: You're comfortable with that? Rountree: Yeah. Jones: Perfect. Bird: Fine with me. Rountree: Any questions? Bird: I have none. Rountree: Do they still seem receptive to meet with us? Jones: Absolutely. Rountree: Okay. Jones: Thank you. Rountree: Thank you for trying to schedule 12, 13 people. Item 11: Executive Session Per Idaho State Code 67-2345 (1)(c): (c) To Conduct Deliberations Concerning Labor Negotiations or to Acquire an Interest in Real Property, Which is Not Owned by a Public Agency Rountree: Next item. Item 11. Executive Session. Bird: Mr. President? Rountree: Mr. Bird. Bird: I move we go into Executive Session as per Idaho State Code 67- 2345(1)(c). Zaremba: Second, Rountree: It's been moved and seconded to go into Executive Session. Roll call vote. Roll Call: Bird; yea; Rountree, yea; Zaremba, yea; Borton, absent; Milam, yea; Cavener, yea. MOTION CARRIED: FIVE AYES. ONE ABSENT. Meridian City Council Workshop August 12, 2014 Page 44 of 44 Rountree: Very good. EXECUTIVE SESSION: ( 5:01 p.m. to 5:18 p.m.) Rountree: -- session. Bird: I move we come out of Executive Session and no decisions were made. Zaremba: Second. Milam: Second. Rountree: It's been moved and seconded to come out of Executive Session. All in favor of the motion? Opposed? MOTION CARRIED: FIVE AYES. ONE ABSENT. Rountree: We are done. Bird: I move we adjourn. Milam: Second. Zaremba: Second. Rountree: It's been moved and seconded to adjourn. Everybody say aye. MOTION CARRIED: FIVE AYES. ONE ABSENT. MEETING ADJOURNED AT 5:18 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) � a MAYOR Y de WEERD DATE APPROVED ATTEyST: o, °� s 11 n ow JAYCEE H(OLMAN, CITY CLERK SEAL Fl �fA n!lAe TRI Meridian City Council Meeting DATE: Auqust 12, 2014 ITEM NUMBER: PROJECT NUMBER: AZ 14-001 ITEM TITLE: TEN MILE CENTER Development Agreement for Approval: : 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 ADA COUNTY RECORDER Christopher D. Rich 2014-065514 BOISE IDAHO Pgs=53 BONNIE 0811312014 01:35 PM MERIDIAN CITY_ -_ - NO FEE IIIIIIIIIIIIIIIIII III 111 1111 00010987201400655140530530 DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. Treasure Valley Investments, LLC THIS DEVELOPMENT AGREEMENT (this "Agreement"), is made and entered into this II_ day of 2014, by and between City of Meridian, a municipal corporation of the State of Idaho, hereinafter called CITY, and Treasure Valley Investments, LLC, an Idaho limited liability company, hereinafter called OWNER/DEVELOPER. RECITALS: WHEREAS, Owner/Developer is the sole owner, in law and/or equity, of that 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, hereinafter referred to as the "Property"; and WHEREAS, Section 67-6511A, Idaho Code, 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 WHEREAS, City has exercised its statutory authority by the enactment of Ordinance 1I- 513-3, which authorizes development agreements upon the annexation and/or re -zoning of land; and WHEREAS, Owner/Developer has submitted an application for annexation of the Property described in Exhibit A, and has requested a designation of C -G (General Retail and Service Commercial District), TN -C (Traditional Neighborhood Center District), TN -R (Traditional Neighborhood Residential District), and R-8 (Medium Density Residential District) under the Municipal Code of the City of Meridian; and 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 WHEREAS, 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 DEVELOPMENT AGREEMENT — TEN MILE CENTER AZ 14-001 - 1 WHEREAS, City Council, the 17th day of June, 2014, has approved the Findings of Fact and Conclusions of Law as set forth in Exhibit B, which document is attached hereto and by this reference incorporated herein as if set forth in full, hereinafter referred to as the "Findings"; and WHEREAS, the Findings require Owner/Developer to enter into a development agreement before the City Council takes final action on annexation and zoning designation; and 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 requests; and 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 development 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 the zoning designation is in accordance with the Comprehensive Plan of the City of Meridian and the Zoning and Development Ordinances codified in Meridian Unified Development Code ("UDC"), Title 11. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 1. INCORPORATION OF RECITALS: That the above recitals are contractual and binding and are incorporated herein as if set forth in full. 2. 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: 2.1. 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. 2.2. OWNER/DEVELOPER: means and refers to Treasure Valley Investments, LLC, whose address is 3535 E. 361h Street, Mountain Home, Idaho 83647, the party that owns and is developing said Property, or its successors or assigns. 2.3. 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, designating the parcels to be annexed and zoned C -G (General Retail and Service Commercial District), TN -C (Traditional Neighborhood Center District), TN -R (Traditional Neighborhood Residential District), and R-8 (Medium Density Residential District). DEVELOPMENT AGREEMENT - TEN MILE CENTER AZ 14-001 - 2 3. USES PERMITTED BY THIS AGREEMENT: 3.1. The uses allowed pursuant to this Agreement are only those uses allowed for the applicable zone under City's Zoning Ordinance, codified at UDC § 11-2A-2, § 11-213-2 and § 11-213-2. 3.2. No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. Except as otherwise prohibited in this Agreement, any uses added to the applicable zone by any future amendment of the UDC shall be allowed on the Property. 4. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 4.1. Owner/Developer shall develop the Property in accordance with the following special conditions: 4.1.1 The Property shall be subdivided prior to submittal of the first Certificate of Zoning Compliance application. 4.1.2 The Property shall be developed in a manner that provides a transition in uses to adjacent residential properties. 4.1.3 A multi -use pathway shall be provided on the Property consistent with the Master Pathways Plan. 4.1.4 A pedestrian connection shall be made to the adjacent school site. 4.1.5 The portion of the Property to be zoned C -G should develop with a mix of uses such as retail, professional services, offices, entertainment uses, civic services, housing and outdoor spaces in the common area of the project as anticipated for the LifeStyle Center designation in the Ten Mile Interchange Specific Area Plan (TMISAP) and shall be developed in a manner that incorporates design concepts from the TMISAP such as, but not limited to, the following: • low-rise buildings of 2-4 stories over much of the area, or other massing that meets the bulk and scale design concepts set forth in the TMISAP; • buildings built to the edge of public rights of way or circulation roads except where additional sidewalk space is needed for cafe seating or for breaks in frontage for pocket parks; • large expanses of parking between the street and the front of buildings are not desireable and should be minimized where practical; • smaller, pad buildings should face the street with an entrance oriented toward the street; DEVELOPMENT AGREEMENT - TEN MILE CENTER AZ 14-001 - 3 • buildings designed to "hold corners" rather than parking lots; • restaurants encouraged to have outdoor dining; • shops and stores encouraged to open their doors and street view windows and use clear glass that allows easy visual access inwards and outwards (mirrored or reflective glass is not permitted; low -emissivity glass is allowed); • integration of plaza, pocket parks, pedestrian arcades and other common areas in site design; and building location and design oriented toward and/or connected to common areas and/or public space. Specific design features may vary from those outlined in the TMISAP (e.g., floor area ratios, unbroken frontage percentages, etc.) as necessary to accommodate operational requirements of certain end users, while still allowing a functional relationship among parking, circulation, loading and public right-of-way. 4.1.6 The portion of the Property to be zoned TN -C and TN -R shall be developed in a manner that incorporates traditional neighborhood design concepts from the TMISAP such as, but not limited to, the following: • higher density buildings close to the street; • narrower streets to slow traffic; • parking lots behind or under building; • residences with porches or balconies facing the street; and • garages in accord with the design elements listed in the TMISAP (pg. 3-33). Specific design features may vary from those outlined in the TMISAP as necessary to accommodate operational requirements of certain end users, while still creating a pedestrian -oriented focus. 4.1.7 Only residential uses shall be developed within the R-8 zone. In addition to other allowed uses, a minimum of 75 residential units shall be developed within the TN -R zone, and a minimum of 300 residential units shall be developed within the C -G and/or TN -C zones combined. 4.1.8 Business signs shall be compatible in color, materials, sizes, shapes and lighting with the architecture of the buildings and the business they identify and shall not be incompatible with surrounding buildings or development. All signs shall comply with the standards listed in the TMISAP (pg. 3-46) DEVELOPMENT AGREEMENT - TEN MILE CENTER AZ 14-001 - 4 4.1.9 Public art shall be incorporated into the development at the the entry of the site to create a sense of arrival and as appropriate throughout the site, in accord with the TMISAP. Public art should be integrated into either the architectural design or the design of plazas, common areas and public spaces and should be easily visible to the public in accord with the TMISAP (pg. 3-47). 4.1.10 The future street layout for the site shall substantially comply with the conceptual street layout shown in Exhibit A.2. Future construction of these streets shall be consistent with the applicable street section as shown on the Street Section Map contained in the TMISAP (pgs. 3-20 and 3-21) with the exception of the east/west collector street (Ten Mile Creek Drive) from Ten Mile Road at the northwest corner of the site which shall be constructed as a major collector street in accord with Street Section C. 4.1.11 Future development of the site shall be generally consistent with the design elements contained in the TMISAP (Chapter 3), the design standards in UDC 11-3A-19, and the guidelines in the Meridian Design Manual. 4.1.12 The Kennedy Lateral and all other waterways on the site shall be piped or otherwise covered in accord with UDC 11-3A-6, unless waived by City Council. 4.1.13 The agricultural use of the property may continue until such time as the property develops.. The Right -to Farm Act, Idaho Code Section 22-4503 is applicable to the subject property. 4.1.14 Based on the 2010 Meridian Sewer Master Plan, the subject property lies within two sewer boundaries. The Kennedy Lateral is the sewer shed boundary. Sanitary sewer services to this development are being proposed via extensions of mains located near the Purdam Drain within the southwest portion of the subject property and main extensions from Franklin Road. Owner/Developer shall install mains to and through the development, 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 then alternative materials shall be used in conformance with City of Meridian Public Works Department standard specifications. 4.1.15 Water service to the subject property will be via extension of mains in Ten Mile Road along the alignment of the future east -west collector. Owner/Developer shall be responsible to install water mains to and through the property at the time of development and to coordinate main sizes and routing with City of Meridian Public Works Department. 4.1.16 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 12-13-8.3). The City of Meridian owns and operates a reclaimed water system along the South Ten Mile DEVELOPMENT AGREEMENT - TEN MILE CENTER AZ 14-001 - 5 and West Franklin Road frontages of this parcel. Owner/Developer shall coordinate with the Public Works Department on the possible connection to this system for the provision of landscape irrigation water. 5. 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. 6. DEFAULT/CONSENT TO DE -ANNEXATION AND REVERSAL OF ZONING DESIGNATION: 6.1. 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. 6.2. Notice and Cure Period. hi 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. 6.3. Remedies. In the event of default by Owner/Developer that is not cured after notice as described in Section 4.2, 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. 6.4. 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, market conditions, or similar causes, the time for such performance shall be extended by the amount of time of such delay. 6.5. 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. 7. 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 DEVELOPMENT AGREEMENT - TEN MILE CENTER AZ 14-001 - 6 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, at Owner's/Developer `s cost, 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. 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 UDC § 11-5-C, to insure that installation of the improvements, which the Owner/Developer agrees 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 either installed, completed, and accepted by the City or guaranteed in accordance with UDC § 11-5C. 12. ABIDE BY ALL CITY ORDINANCES: Owner/Developer agrees to abide by all ordinances of the City of Meridian unless otherwise provided by this Agreement. 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: CITY: City Clerk City of Meridian 33 E. Broadway Ave. Meridian, Idaho 83642 with copy to: City Attorney City of Meridian 33 E. Broadway Avenue Meridian, Idaho 83642 TREASURE VALLEY INVESTMENTS, LLC: Mirazim Shakoori Treasure Valley Investments, LLC 3535 E. 36th Street Mountain Home, Idaho 83647 DEVELOPMENT AGREEMENT - TEN MILE CENTER AZ 14-001 - 7 With copy to: Deborah E. Nelson Givens Pursley LLP 601 W. Bannock Boise, Idaho 83702 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 Owner/Developer of the Property, so long as Owner/Developer owns 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. 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. 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 of this Agreement, the parties hereby agree to cooperate in defending such action or proceeding. 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 DEVELOPMENT AGREEMENT - TEN MILE CENTER AZ 14-001 - 8 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 by the Mayor and City Clerk. [Signature Page Follows] DEVELOPMENT AGREEMENT - TEN MILE CENTER AZ 14-001 - 9 ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this Agreement and made it effective as hereinabove provided. CITY OF MERIDIAN y ayor T y de Weerd O� pTED AUC(iS ATTESTS i '�� 9G W .p laity of IDAHO C SEAL A � he T,<ta6°`REASURE VALLEY INVESTMENTS, LLC, an Idaho limited liability company By its: im Shakoori Manager DEVELOPMENT AGREEMENT - TEN MILE CENTER AZ 14-001 - 10 STATE OF IDAHO ) ss. County of Ada ) On this tc� day of P,, Q uJ , 2014, before. me, a Notary Public in and for said State, personally appeared Tammy de Weerd and T . r . , Vhown or identified to me to the Mayor and Clerk, respectively, of the City of Meridian, who executed the instrument on 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 first .b"i't %n.. G.IlLyk �'��' IDAI� •�� STATE OF IDAHO ) ss. County of Ada ) 1"Ltp.-t- ),-,I 1/�'A .- Notary PublicArthS e of Idaho Residing at ��( E -o-P My Commission expires: iT_� 9! On this � day of L , 2014, before me, a Notary Public in and for said State, personally appeared Mirazim Shakoori, known or identified to me to the Manager of Treasure Valley Investments, LLC, the limited liability company that executed the instrument or the person who executed the instrument on behalf of such limited liability company and acknowledged to me that such limited liability company executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. =NANCYH.Notary Public,Residing at My Commission DEVELOPMENT AGREEMENT — TEN MILE CENTER AZ 14-001 - 11 State of Idaho ION111*-)0l:1 Legal Description and Exhibit Map for Proposed Annexation lRF.VISF.DI January 3, 2014 DESCRIPTION FOR PROPOSED MERIDIAN ANNEXATION TREASURE VALLEY CENTER 10 SIZE A parcel of land located in the NW /, of Section 14, T. 3 N., R 1 W„ B.M„ Ada County, Idaho, more particularly described as follows: BEGINNING at the West''/, corner of said Section 14, from which the Center % comer of said section bears South 89011'30" East, 2656.46 feet; Thence along the west boundary of the NW '/< of said Section 14 North 0003417" East, 1336.30 feet to a point on the centerline of the Kennedy Lateral; Thence leaving said west boundary, and along said centerline: Thence South 99059'13" East, 24.80 feet; Thence North 66150159" East, 203.10 feet to a point of curvature; Thence 92.42 feet along the arc of a curve to the right, said curve having a radius of 199.99 feet, a delta angle of 26028'40", and a long chord bearing North 80°05'41" East, 91.60 feet to a point of tangency; Thence South 86°39'37" East, 156.20 feet to a point of curvature; Thence 107.70 feet along the acro of a curve to the left, said cutve having a radius of 199.99 feet, a delta angle of 3015 P] 6", and a long chord bearing North 77054'23" East, 106.40 feet to a point of tangency; 'thence North 62°28'23" East, 91.30 feet to a point of curvature; Thence 68.91 feet along the arc of a curve to the tight, said curve having a radius of 69.99 feet, a delta angle of 56'10'12", and along chord bearing South 89026'01" East, 65.90 feet to a point of tangency; Thence South 61020'19" East, 85,70 feet; Thence South 53°10'31" East, 198.60 feet; Thence South 50'57'55" East, 17.82 feet to a point on the north boundary of the S % of the NW '/. of said Section 14; Thence leaving said centerline, and along said north boundary South 89'10'21" East, 1700.41 feet to the NE comer of said S %a of the NW %; Thence leaving said north boundary and along the north boundary of the SW '/ of the NE '/a of said Section 14 Soutli 89°12'11"East, 1329.35 feet; Thence leaving said north boundary South 00'34'59" West, 1038.04 feet; Thence North 89°11'30" West, 450.00 feet; Thence South 00°35'31" West, 290.40 feet to a point on the south boundary of the SW '/o of the NE % of said Section 14; Thence along said south boundary North 89911'30" West, 879,81 feet to the SE corner of the NW % (Center % corner) of said Section 14; Ten Mile Center AZ -14-001 EXHIBIT A Thence along the south boundary of said NW I/4 North 89111'30" West, 2656.46 feet to the POINT OF BEGINNING. Containing 120.69 acres, more or Iess, This description was prepared from data of record (Record of Survey No. 8353, records of Ada County, Idaho) and does not represent a field survey of the subject property. N 62'287]" E '59' E 91,30 S 61'20'19' E 65.70' C1 5 5310'31' E S 66'39'37' E 198.60' E 156]0' S 50'57'%' E POINT OF BEG6INING Ten Mile Center AZ -14-001 99'10'21�E1112!0 1-1 QR���� Skate P�rya69 �' N R -1-39"W—=46' z o ¢xO r„ ZW LU LU y¢ W a I— U o' m aw, z�¢ Q a cc > �nz LU LU o~o 4� C]_ W 0 d CURVETABI FCONO _ CURVE LENGM NOW LTA BRO CN090 C1 92.42 199.99 2626'40' N 000541' E 91.60 /yZ� wrr O � 168.61 CS 69.99 56'10'12' S 69'26'01' E 65900 4$ y yg� ca Cz & R s W 99'10'21�E1112!0 1-1 QR���� Skate P�rya69 �' N R -1-39"W—=46' z o ¢xO r„ ZW LU LU y¢ W a I— U o' m aw, z�¢ Q a cc > �nz LU LU o~o 4� C]_ W 0 d EXHIBIT A November 5, 2013 DESCRIPTION TOIL PROPOSED C -G ZONE TREASURE VALLEY CENTER 10 A parcel of land located in the NW % of Section 14, T. 3 N., R 1 W., E.M., Ada County, Idaho, more particularly described as follows: BEGINNING at the West''/. corner of said Section 14, from which khe Center''/. comer of said section bears South 89°I P30" East, 2656.46 feet; Thence along the west boundary of the NW % of said Section 14 North 00134'17" East, 1336.30 feel to a point on the centerline of the Kennedy Lateral; Thence leaving said west boundary, and along said centerline: Thence South 89°59'13" East, 24,80 feet; Thence North 66150'59" East, 203.10 feet to a point of curvature; Thence 92.42 feet along the arc of a curve to the tight, said curve having a radius of 199.99 feet, a delta angle of 26028'40", and a long chord bearing North 80°05'41" East, 91.60 feet to a point of tangency; Thence South 86°39'37" East, 156.20 feet to a point of curvature; Thence 107,70 feet along the arc of a curve to the left, said curve having a radius of 199.99 feet, a delta angle of 30051'16", and a long chord beating North 77054'23" East, 106.40 feel to a point of tangency; Thence North 62128'23" East, 91.30 feet to a point of curvature; Thence 68.91 feet along the are of a curve to the right, said curve having a radius of 69.99 feet, a delta angle of 56°10' 12, and a long chord bearing South 89126101" East, 65.90 feet to a point of tangency; Thence South 61020'19" East, S5,70 feet; Thence South 53010'31" East, 198.60 feet; Thence South 50057'55" East, 17.82 feet to a point on the north boundary of the S A of the NW '/< of said Section 14; Thence leaving said centerline, and along said north boundary South 89010'21" East, 1609A4 feet; Thence leaving said north boundary South 00049'39" West, 45.00 feet to a point of curvature; Thence 144.04 feet along the are of a curve to the left, said curve having a radius of 300.00 feet, a delta angle of 27°30'31 ", and a long chord bearing South 12°55'37" East, 142.66 feet to a point of reverse curvature; Thence 239.89 feet along the are of a curve to the tight, said curve having a radius of 500.00 feet, a delta angle of 27129'22", and a long chord bearing South 12956'11" Past, 237.60 feet to a point of tangency; Thence South 00048'30" West, 207.08 feet to a point of curvature; Ten Mile Center AZ -14.001 EXHIBIT A Thence 361.37 feet along the arc of a curve to the right, said curve having a radius of 500.00 feet, a delta angle of 41°24'34", and a long chord bearing South 2l °30'47" West, 353.55 feet to a point of compound curvature; Thence 57.88 feet along the arc of a curve to the tight, said curve having a radius of 300.00 feet, a delta angle of 1 t°03' 13", and a long chord beating South 47°44'41" West, 57.79 feet; Thence leaving said curve South 36°43'42" East, 53,27 feet to apoint of curvature; Thence 131.03 feet along the are of a curve to the right, said curve having a radius of 200.00 feet, a delta angle of 37°32' 12", and a long chord hearing South 17057'36" East, 128.70 feet to a point of tangency; Thence South 00°48'30" West, 172.47 feet to a point on the south boundary of the NW % of said Section 14; Thence along said south boundary North 89°11'30" West, 2557.72 feet to the POINT OF BEGINNING. Containing 81.35 acres, more or less. This description was prepared from data of record (Record of Survey No. 8353, records of Ada County, Idaho) and does not represent a field survey of the subject property. Ten Mile Center A7-14-001 EXHIBIT A June 6, 2014 DESCRIPTION FOR PROPOSED R-8 ZONE TREASURE VALLEY CENTER 10 A parcel of land located in the SW % of the NE '/ and the SEX of the NW ''A (if Section 14, T. 3 N., R I W., B.M., Ada County, Idaho, more particularly described as follows: BEGINNING at the Center A corner of said Section 14, from which the West ''/4 corner of said section bears North 89011'30" West, 2656.46 feet; Thence along the south boundary of the SE '14 ol'the NW % of said Section 14 North 8901 1'30" West, 98.74 feet; Thence leaving said south boundary North 00'48'30" East, 172.47 feet to a point of curvature; Thence 131.03 feel along the aro of a curve to the lett, said curve having it radius of 200.00 feet, a delta angle of 37°32' 12", and a long chord bearing North 17°57'36" West, 128.70 feet to a point of tangency; Thence North 36°43'42" West, 53.27 feet; Thence South 8901 1'30" East, 946.13 feet; Thence North 00034'59" East, 991.76 feet to a point nn the north boundary of the SW '/ ofthe NE Y of said Section 14; Thence along said north boundary South 89'12'11" East, 555.00 feel to the NE comer of said SW%of the NE 114; Thence along the east boundary of said SW '/ of the NE. I/ South 00034'59" West, 1038.04 feet; Thence leaving said east boundary North 89011'30" West, 450.00 feet; Thence South 00°35'31" West, 290.40 feet to a point on the south boundary of the SW'14 of the NF. '/4 ofsaidSection 14; Thence along said south boundary North 89911'30" West, 879.81 feet to the POINT OF BEGINNING. Containing 20.76 acres, more or leas. This description wits prepared from data of record (Record of Survey No. 8353, records of Ada County, Idaho) and does not represent a field survey of file subject property. 130528-R-8.rev.doex 'fen Mile Center AZ -14-001 EXHIBIT A June 4, 2014 DESCRIPTION FOR PROPOSED TN -C ZONE TREASURE VALLEY CENTER 10 A parcel of land located in the SE/4 of the NW '/ and the SW '/. of the NE % of Seclion 14, T. 3 N., R 1 W., B.M., Ada County, Idaho, more particularly described as follows! Commencing at the Center ''/ corner of said Section 14, from which the West '/ corner of said section hears North 89'11'30" West, 2656.46 fel; thence along the south boundary ofthe SE Y. of the NW 'I/ of said Section 14 North 89°I I'X' West, 98.74 feel; thence leaving said South boundary North 00048'30" East, 172.47 feet to a point of curvature; thence 131.03 feet along the arc of a curve to the left, said curve having a radius of 200.00 feet, a delta angle of 37032'12", and a long chord bearing North 1757'36" West, 128.70 feet to a point of tangency; thence North 36043'42" West, 53.27 feet to a paint on a curve, being the POINT OF BEGINNING; Thence 57.88 feet along the arc of non -tangent curve to the Icft, said curve having a radius of 300.00 feel, a delta angle of 11'03'13", and a long chord beating North 47°44'41" East, 57.79 feet to a point of compound curvature; Thence 361.37 feet along the are of a curve to the left, said curve having a radius of 500.00 feet, a delta angle of 41 "24'34", and n long chord bearing North 21 °30'47" East, 353.55 feet to a point of tangency; Thence North 00048'30" East, 207.08 feet to a point of curvature; Thence 239.89 feel along the arc of a curve to the left, Said curve having a radius of -500-00 feet, a delta angle of 27°29'22",,and a long chord hearing North 12'56'11 " Wcst, 237.60 feel to a point of reverse curvature; Thence 144,04 feet along the are of a curve to the right, said curve having a radius of 300,00 feet, a delta angle of 27°30.31", and n long chord hearing North 12°55'37" West, 142.66 feel to a point of tangency; Thence North 00°49'39" East, 45.00 feet to a point on the north boundary of the SE'/ of the NW 'ti of said Section 14; Thence along said north boundary South 89° 10'21" East, 90.97 feet to the NE corner of said SE / of the NW 1/4; Thence, along the north boundary of the SW V. of the NE '/A of said Section 14 South 89° 12' 11" East, 414.33 Feet; Thence leaving said north boundary South 00048'30" West, 991.68 feet; Thence North 89'11'30- West, 582.22 feet to the POINT OF BEGINNING. Containing 10,32 acres, more or less. This description was prepared Brom data of record (Record of Survey No. 8353, records of Ada County, Idaho) and does not represent a field survey of the subject property. 130528-TN-C.rnv.dacx Ten Mile Center A7-14.001 EXHIBIT A June 4, 2014 DESCRIPTION FOR PROPOSED TN -R ZONE TREASURE VALLEY CENTER 10 A parcel of land located in the SW '/ of the NE '/4 of Section 14, T. 3 N., R I W., B.M., Ada County, Idaho, more particularly described as follows: Commencing at the Center'/, corner of said Section 14, from which the West 1% comer of said section bears North 90111'30" West, 2656.46 feet; Ihcnce along the south boundary of the SE !A, of the NW '/4 of said Section 14 North 89°11'30" West, 98.74; thence leaving said south boundary North 00048'30" East, 172.47 feel to a point of curvature; thence 131.03 feet along the are of a curve to the left, said curve having a radius of 200.00 feet, a delta angle of 37'32'12", and a long chord bearing North 1757' 12" West, 128.70 feet to a point of tangency; thence North 36°43'42" West, 53,27 feet; thence South 89°1110" East, 582.22 feet to the POINT OF BEGINNING; Thence North 00°48'30" East, 991.68 feet to a point on the north boundary of the SW '/ of the NE '/, of said Section 14; Thence along said north boundary South 8901211" Hast, 360.01 feel; Thence leaving said north boundary South 00°34'59" West, 991,76 Leet; Thence North 89011'30" West, 363.91 feet to iho POINT OF BEGINNING. Containing 8,24 acres, more or less. This description was prepared from data of record (Record of Survey No. 8353, records ol'Ada County, Idaho) and does not represent u fold survey of the subject property. 130528-TN-R.rev. docx Ten Mile Center AZ -14-001 N 6726'23, E i50'S9- C 91,10' S 61'''19- E 0' 68.70' C 5 551071' C 5 88'Jf'37- E 19860' 13' C 1WSW 9 M9'S5- [ EXHIBIT A CURVE TABLE co CURVE IENOM 119961$ OELU GNO90 9110 91.60 !_ g CI 192A207.7 199.99 26'76'10 N 60053,1' C 91.60 � 0 nw U 107.70 199.99 ]051'16' N 7751'23' E 106.10 w ■ CJ 6961 6999 56I0'12' 5 99'26'01' C 65.90 G —� G 1I/.0/ 300.00 273071- 5 1755'33, E 112.66ww � �1QQ C5 739.89 50000 2721'22- N 1756'11' w 237.60 O ] C6 35137 500.00 1I'21'3/- N 21'30'1]' C 35!.55 9 C7 57.96 J00.00 11001'13' N 4746'41' E 57.79 — O CB 13103 20000 3732'1T w 178.70 0 2! SSPII �� , e 89'10'21' 5 0019'39- w Ten Mile Center AZ -14.001 ]I' r I �IPCU17 A 1 Of BEGIIIN C M-o� 5 36'IJ'12� 1/11 53.27' s w4w5o' w 1a I 1 POINT Or BEOWNING C -G �1557.72''_ N 69'1130' M 25M45. M% Of B[ARM POINI OF BEGINNNIG / Ten Mile Center AZ -14.001 ]I' CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER C�%�(E IDIAN I,DaHO In the Matter of the Request for Annexation and Zoning of 120.69 Acres of Land with the R-8 (20.76 acres), TN -R (8.24 acres); TN C (10.32 acres) and C -G (81.35 acres) zoning districts, Located on the East Side of S. Ten Mile Road, Midway Between W. Franklin Road and I-84, by Treasure Valley Investments, LLC. Case No(s). AZ -14-001 For the City Council Hearing Dates of. May 6, and June 3, 2014 (Findings on June 17, 2014) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of May 6, 2014, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of May 6, 2014, incorporated by reference) 3. Application and Properly Facts (see attached Staff Report for the hearing date of May 6, 2014, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of May 6, 2014, incorporated by reference) B. Conclusions of Law J. 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 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 May 6, 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 listed in the attached Staff Report for the hearing date of May 6, 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 annexation and/or rezone (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 11-513-3F). 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 May 6, 2014 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -14.001 -2. By action of the City Council at its regular meeting held on the ' / day of 2014. COUNCIL PRESIDENT CHARLIE ROUNTREE VOTED—r COUNCIL VICE PRESIDENT KEITH BIRD VOTED_ (/ ! A— COUNCIL MEMBER DAVID ZAREM13A VOTED_r COUNCIL MEMBER JOE BORTON VOTED COUNCIL MEMBER LUKE CAVENER VOTED '— COUNCIL MEMBER GENESIS MILAM VOTED (A MAYOR TAMMY de WEERD VOTED (TIE BREAKER) Mayor Tamr c Weerd Attest: is j� city o, rE 1DiA1` mMu4 Jaycee In, City Clerk Copy served upon Applicant, The Planning Division, Public Works Department and City Attorney. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -14-001 -3- EXHIBIT A STAFF REPORT HEARING DATE: May 6, 2014 TO: Mayor & City Council FROM: Sonya Walters, Associate City Planner (208)884-5533 SUBJECT: AZ -14-001 —Ten Mile Center I. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST IDIAN�-- IDAHO The applicant, Treasure Valley Investments, LLC, has applied for annexation and zoning (AZ) of 120.69 acres of land from the RUT zoning district in Ada County to the R-8 (13.23 acres), TN -R (11.76 acres); TN -C (14.34 acres) and C -G (81.35 acres) zoning districts in the City. H. SUMMARY RECOMMENDATION Staff recommends approval of the proposed AZ with the requirement of a development agreement containing the provisions listed in Exhibit B in accord with the Findings of Fact and Conclusions of Law in Exhibit D of the Staff Report. subject AZ request. a. Summary of Commission Public Hearing: L In favor: Eric Davis. Retail West Properties; Becky McKay, Eneineerine Solutions. LLP; ii. In opposition: Jeanette Ockerman (speakine for group); Dennis Gerosin: Dawn Downum; Cinde Atwood; Ron Hohnstein; Jennifer Johnson, Marearet Moser; Christine Lambing, Steve Osborn; John Mabbutt; Doug Thompson; Angie McNulty iii. Commentine: 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 Osbura; Maggie Weeks; Marearet Moser; and Dave Dansereau. v. Staff presenting application: Sonya Watters vi. Other staff commenting on application: None 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. iii. Impact of additional residential dwellings in this area on the school system: and iv. The importance of creatine a transition and compatible uses at an appropriate scale adjacent to existine residential properties. c. Key Commission Chanee(s) to Staff Recommendation: i Modify condition #4.1.4 as requested by the applicant as shown in Exhibit A.6; and ii. Modify condition #4.1.6 as reauested by the aDDlicant as shown in Exhibit A.6. d. Outstanding Issues) for City Council: L None 'ren Mile Center AZ -14-001 PAGE 1 10.141,11:3 W11" HL III. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to approve File Number AZ-14-001as presented in the staff report for the hearing date of May 6, 2014, with the following modifications: (Add any proposed modifications.) Denial After considering all staff, applicant and public testimony, I move to deny File Number AZ -14-001, as presented during the hearing on May 6, 2014, for the following reasons: (You should state specific reasons for denial.) Continuance I move to continue File Number AZ -14-001 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 located south of W. Franklin Road on the east side of S. Ten Mile Road, in the northwest 1/4 of Section 14, Township 3 North, Range 1 West. B. Applicant: Treasure Valley Investments, LLC 4313 Mansfield Drive Danville, CA 94506 Ten Mile Center AZ -14-001 PAGE 2 1 1 111111111 11 ' fill t/ •_ 1 I I ' 1 -Irml I I 1 I' I I' I I 1 1 1 1 1" I' 1 II II i r l ♦ 1 I I I I I.1II' 111 @J IT I' II 1 I I'_ t/!__ ♦ I 1 II I 11' 1 1 I 101,111 IRWIMIQ1111 INW11111'Mill IIF , 1 11 1 II II' I' t - l 1 • I IllfM IN IM I1 ♦ I I I II 1 ' 1 1' : 11 1 1' MrF 1 1 M., 1 1 1 1 I i k .. , I' 111 I I ILY1IJIWIUMIWI]rlli�11 1 1 I t 1 t 1 1 11110111111 I I III' 11 1 I'"I II Illi ..♦;. 11.1 •1' 11 1'♦,I I' L' 1111'1 f11 I I' 1I 111'Y ' I 1 n1 1 1Kt 11 I' I I' I' I l i 11 1 11 1 rT=o I I' 1 I 11 � 1 11 t UrIM 101 •. I' MW M V1 1 11 '' 1 1 \' 1 11= i FU I • I' 1 1 I I :. r 1 I' t' 1 1 I' I I I 11 1 1 1 1 1 I II .. I I I r HL III. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to approve File Number AZ-14-001as presented in the staff report for the hearing date of May 6, 2014, with the following modifications: (Add any proposed modifications.) Denial After considering all staff, applicant and public testimony, I move to deny File Number AZ -14-001, as presented during the hearing on May 6, 2014, for the following reasons: (You should state specific reasons for denial.) Continuance I move to continue File Number AZ -14-001 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 located south of W. Franklin Road on the east side of S. Ten Mile Road, in the northwest 1/4 of Section 14, Township 3 North, Range 1 West. B. Applicant: Treasure Valley Investments, LLC 4313 Mansfield Drive Danville, CA 94506 Ten Mile Center AZ -14-001 PAGE 2 EXHIBIT A C. Owner: Same as applicant D. Representative: Becky McKay, Engineering Solutions, LLP 1029 N. Rosario Street, Ste. 100 Meridian, Idaho 83642 E. Applicant's Statement/Justification: Please see applicant's narrative for this information. V. PROCESS FACTS A. The subject application is for annexation & zoning. 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 3 and 17, 2014 (Commission); April 14, and 28, 2014 (City Council) C. Radius notices mailed to properties within 300 feet on: January 28, 2014 (Commission); April 10, 2014 (City Council) D. Applicant posted notice on site by: February 9, 2014 (Commission); April 19, 2014 (City Council) VI. LAND USE A. Existing Land Use(s): This property is currently being used as agricultural land; no structures exist on the site. B. Character of Surrounding Area and Adjacent Land Use and Zoning: North: Vacant land in the development process, zoned RUT in Ada County South: Vacant land in the development process, zoned C -G; and low-density residential uses (Primrose Sub.), zoned RI in Ada County East: Single-family residential properties, zoned R-4; and a school, zoned R-4 West: Ten Mile Road and vacantlagricultural property, zoned C -C C. History of Previous Actions: NA D. Utilities: a. Location of sewer: Sanitary sewer main stubs intended to provide service to the subject property currently exists in S. Ten Mile Road. b. Location of water: Water main stubs intended to provide service to the subject property currently exists in S. Ten Mile Road, and are currently being planned as part of the TM Creek project to the north. c. Re -use pressurized irrigation water: Re -use irrigation water service is currently stubbed into the subject property along S. Ten Mile Road d. Issues or concerns: None E. Physical Features: 1. Canals/Ditches Irrigation: The Kennedy Lateral runs across this site from the east to the northwest boundary; there are several other smaller waterways that run across and along the boundaries of Ten Mile Center AZ -14-001 PAGE 3 EXHIBIT A the site. 2. Hazards: Staff is not aware of any hazards that exist on this site. 3. Flood Plain: This property does not lie within the floodplain or flood way. VII. COMPREHENSIVE PLAN/ANALYSIS Future Land use Map (FLUM): The FLUM contained in the Ten Mile Interchange Specific Area Plan (TMISAP) currently designates 63.3+/- acres of the subject property as Lifestyle Center (LC); 20.3+/- acres as High Density Residential (HDR); 5.1+/- acres as Medium High Density Residential (MHDR); and 30.4+/- acres as Medium Density Residential (MDR). See Exhibit A.4. LC: The LC designation is a specific form of mixed use commercial, The purpose of the LC is to encourage a diversity of compatible land uses in a unified development that includes a mix of retail, professional services, offices, entertainment uses, civic services, housing and public outdoor spaces. The design and arrangement of buildings should be oriented to pedestrians. Streetscape improvements should be provided that create rich and enjoyable public spaces. HDR: HDR areas are multiple -family housing areas where relatively larger and taller apartment buildings are the recommended building type. HDR areas should include a mix of housing types that achieve an overall average density target of at least 16-25 dwelling units per gross acre with up to 50 units per acre in a multi -story project. The design and orientation of new HDR buildings should be pedestrian -oriented and special streetscape improvements should be considered to create rich and enjoyable public spaces. A strong physical relationship between the commercial and residential components to adjacent employment or transit centers is critical. MHDR: Areas designated MHDR are recommended primarily for relatively dense multi -family housing types, such as row houses, townhouses, condominiums and apartment buildings and complexes. MHDR areas should include a mix of housing types that achieve an overall average density of 12 dwelling units per gross acre. Generally, densities should range from 8-15 units per acre. MDR: MDR areas are characterized by relatively low densities and a predominance of single-family and two -unit housing types emphasizing ownership opportunities. Smaller two, three, or four unit apartment buildings may be compatible in an MDR area, but large apartment buildings or apartment complexes are not. In general, MDR areas should be protected from encroachments of higher density or higher intensity uses. MDR areas should include a mix of housing types that achieve an overall average target gross density of 6 units per acre. Generally, densities should range from 4-8 units per acre and should be designed conducive to walking with all of the housing and other uses sharing an interconnected sidewalk and street system. GOALS, OBJECTIVES, & ACTION ITEMS: 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) A variety of residential uses are anticipated to be developed on this site in the proposed R-8, 77V - R, TN -C and C -G zones which should provide the City with a range of housing opportunities in this area. Ten Mile Center AZ -14-001 PAGE 4 EXHIBIT A • "Implement the City's Pathways Master Plan to provide a bike and pathways system between neighborhoods, local collectors, and community destinations." (6.02.01A) The Master Pathways Plan depicts two segments of the City's multi -use pathway system east/west across this site and to the north. These pathways will provide pedestrian and bicycle connectivity to and through this development. • "Provide housing options close to employment and shopping centers." (3.07.02D) The proposed residential component of this development will provide housing options close the employment areas and shopping centers on this site as well as adjacent developments. • "Require landscape street buffers for new development along all entryway corridors." (2.01.02E) With development of the site, a 35 foot wide landscaped street buffer is required along S Ten Mile Road, an entryway corridor, in accord with UDC Table 11-2B-3. • "Plan for a variety of commercial and retail opportunities within the Area of City Impact." (3.05.017) The proposed development should provide a variety of commercial and retail opportunities that don't currently exist in this area of the City. • "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) This property is contiguous to land that has already been annexed into the City. Urban services can be provided to this property upon development. City water and sewer service and reclaimed water are available in Ten Mile Road. TRANSPORTATION: The transportation system map contained in the TMISAP (pg. 3-18) depicts collector streets across this site connecting to a street network to the north and south; round -a -bouts are also depicted on the map at the north and south boundaries of the site (see Exhibit A.3). A local street is also depicted on the map at the east end of the site to the south boundary connecting to S. Lilac Street. The conceptual street layout plan proposed by the applicant depicts collector streets, round -a -bouts, and a local street to the south consistent with the transportation system map contained in the TMISAP (see Exhibit A.2). Each of the round -a -bouts will be centered on the shared property line with the properties to the north and south of the site. The TMISAP includes several collector street types (sections) for specific uses and conditions based on projected vehicular and pedestrian usage, desired parking conditions, specific physical conditions, public emergency access, and streetscape character. Streets within the Ten Mile area should be designed and sized to optimize pedestrian comfort and to facilitate slow-moving traffic. The Street Section Map contained in the TMISAP (pg. 3-22) depicts specific street sections for each of the collector streets shown on the transportation system map (see Exhibit A.3). Based on the Street Section Map, the north/south and east/west collector streets designated as "E" should be constructed as minor collector streets in accord with Street Section E in the Plan shown below (pg. 3- 21). The north/south section will extend to the north to a future signalized intersection at W. Franklin Road. (Note: The diagonal on -street parking shown in Street Section E may be parallel as planned on the TMCreekproject to the north.) Ten Mile Center AZ -14-001 PAGE 5 $beet Sectio EXHIBIT A The east/west collector street (Ten Mile Creek Drive) designated as "D" at the northwest boundary of the site from Ten Mile Road to the round -a -bout is designated as a residential collector street but is currently proposed with the TM Creek project to be constructed as a major collector street in accord with Street Section C shown below (pg. 3-20). (Note: This cross section may be modified to include a center median as proposed on the TM Creek project to the north) Street Section C 811ae The east/west collector street designated as "B" at the southwest boundary of the site from Ten Mile Road to the round -a -bout is designated as a typical 4 -lane parkway to be constructed in accord with Street Section B shown below (pg. 3-20). The north/south collector street designated as "D" at the east end of the site is designated as a residential collector street to be constructed in accord with Street Section D below (pg. 3-21). Ten Mile Center AZ -14-001 PAGE 6 Street Section D EXHIBIT A The future street buffer along S. Ten Mile Road should be consistent with Street Section A as shown below (pg. 3-20). Staff finds the general layout of collector streets within the site is consistent with the Transportation System Map in the TMISAP. To ensure streets are constructed in accord with the Plan, staff recommends as a provision of annexation that the future collector streets constructed within the site are consistent with the above street sections as noted. DESIGN: The location, scale, form, height, and design quality of public and private buildings and spaces are integral to the development of the Ten Mile area. The design elements included in Chapter 3 of the TMISAP are intended to serve as the basic framework for projects within this area. The applicant has not proposed a conceptual site plan (other than street layout), building elevations or architectural details pertaining to the design of the future development on this site. However, the applicant is proposing a development agreement (DA) that includes some design elements contained in the TMISAP (see provisions #4.1.4 and #4.1.5 in Exhibit A.6). In addition to those provisions proposed by the applicant, staff recommends additional provisions in accord with the design elements contained in the Plan (per the matrix on page 3-49 of the TMISAP) consistent with the applicable land use designations (see Exhibit A.6). Ten Mile Center AZ -14-001 PAGE 7 EXHIBIT A VIII. UNIFIED DEVELOPMENT CODE A. Purpose Statement of Zones: I. The purpose of the commercial districts is to provide for the retail and service needs of the community in accordance with the Meridian comprehensive plan. Six (6) 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 (UDC 11-213-1). The largest scale and broadest mix of retail, office, service, and light industrial uses are allowed in the C -G district and are located in close proximity and/or with access to interstate or arterial intersections. 2. The purpose of the traditional neighborhood districts is to encourage mixed use, compact development that is sensitive to the environmental characteristics of the land and facilitates the efficient use of services. Vertically integrated residential projects are encouraged in all traditional neighborhood districts. A traditional neighborhood district diversifies and integrates land uses within close proximity of each other, and it provides for the daily recreational and shopping needs of the residents (UDC 11-2D-1). The purpose of the TN -C district is to serve as the focal point of a neighborhood center, containing retail, commercial, and community services to meet the daily needs of community residents within a one or two mile radius. The TN -C district is pedestrian oriented and is designed to encourage pedestrian connection with a traditional neighborhood residential district. TN -C district uses include small scale retail, restaurants, recreational, personal services, public or quasi -public uses, churches, and attached and multi -family dwellings. The purpose of the TN -R district is to provide for a variety of residential land uses including attached and detached and single-family residential, duplex, townhouse, and multi -family. A TN -R district includes open spaces and promotes pedestrian activity through well designed and varied streetscapes that also provide for the safe and efficient movements of vehicular traffic. Most dwelling should be accessed from alleys. The maximum density is 15 dwelling units (d.u.) per acre with a minimum density of 8 d.u. per acre. Density should decrease away from the center and closer to conventional residential districts. The TN -R district should be generally located adjacent to a TN -C district, along a transit corridor, or within a mixed use neighborhood. 3. 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 -density residential (R-8) district allows a maximum gross density of 8 dwelling units per acre (UDC 11-2A-1). B. Schedule of Use: UDC Tables 11-2A-2, 11-213-2, and 11-213-2 list the principal permitted (P), accessory (A), conditional (C), and prohibited (-) uses in the proposed R-8, C -G, TN -R, and TN -C zoning districts respectively. Any use not explicitly listed is prohibited. C. Dimensional Standards: Development of the site should be consistent with the dimensional standards listed in UDC Tables 11 -2A -6,11-2B-3, 11-2D-5 and 11-2D-6 for the R-8, C -G, TN -C and TN -R zoning districts respectively. D. Landscaping: Landscaping is required in accordance with the TMISAP along streets. Landscaping within parking lots is required to comply with UDC 11 -3B -8C. E. Off -Street Parking: Off-street parking is required in accord with UDC 11 -3C -6B for non-residential Ten Mile Center AZ -14-001 PAGE 8 EXHIBIT A uses and UDC Table 11-3C-6 for residential uses. IX. ANALYSIS A. Analysis of Facts Leading to Staff Recommendation: Zoning: The applicant proposed to annex and zone 120.69 acres of land as follows: • 81.35 acres located in the LC (63 acres), HDR (15+/- acres), and M14DR (1.5+/- acres) designated areas to C -G (general retail and service commercial); • 14.5+/- acres located in the HDR (5.5+/- acres) and MHDR (3.8+/- acres) designated areas to TN -C (traditional neighborhood center); • 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 (medium density residential). Staff has reviewed the requested zoning designations for compatibility with the land use designations contained in the TMISAP and has the following comments: Almost half of this site is designated for residential uses on the FLUM. The applicant's proposed zoning designations of R-8, TN -R and TN -C all allow for a variety of residential uses; however, they also allow a variety of other non-residential uses through a conditional use permit. The applicant proposes to develop all of the R-8 and TN -R zoned area with residential uses. Additionally, the applicant commits through the DA to construct a minimum of 300 additional residential units in the C -G and TN -C zoned areas. Staff feels if the applicant provides residential uses as proposed that this area will develop with the residential densities that are proposed in the TMISAP. The legal descriptions submitted with the application (included in Exhibit C) show the boundaries of the property proposed to be annexed and zoned contiguous to the existing boundary of the City of Meridian. Conceptual Development Plan: The applicant has submitted a conceptual development plan that depicts a future street layout for the site; no building pads, parking, or future uses are shown on the plan. The configuration of the streets and roundabouts are generally consistent with the transportation plan contained in the TMISAP as discussed above in Section VH (see Exhibits A.2 and A.3). Conceptual building elevations were not submitted with this application. 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 provision listed in exhibit A.6. Multi -use Pathway: The Pathways Master Plan indicates a multi -use pathway connecting Peregrine Elementary to Ten Mile Road along the Kennedy Lateral and leaving the lateral, continuing west to or near the future collector intersection at Ten Mile Road. A second pathway connection is indicated connecting the Kennedy Lateral pathway to the Ten Mile pathway to the north. (See Exhibit A.5) Staff recommends both multi -use pathways be required with this development as the elementary school boundaries extend west of Ten Mile Road and south of I-84. Should the Kennedy Lateral be tiled and relocated as part of the development, the multi -use pathway may follow the surface street layout as a 10' pathway on one side of the east -west road network. It is not critical that the pathway follow the waterway. Ten Mile Center AZ -14.001 PAGE 9 EXHIBIT A Hours of Operation: Business hours of operation in the C -G zoning district are limited from 6:00 am to 11 pm when the property abuts a residential use or district per UDC 11 -2B -3A.4, unless otherwise approved through a conditional use permit. Staff recommends approval of the subject AZ application with the requirement for a development agreement containing the provisions listed in Exhibit A.6. X. EXHIBITS A. Drawings/Other 1. Vicinity/Zoning Map 2. Conceptual Site Plan (dated: 12,49,113 6/4/14) 3. Transportation System Map & Street Section Map (TMISAP) 4. Future Land Use Map (FLUM) 5. Master Pathways Plan 6. Development Agreement Provisions Proposed by Applicant & Recommended by Staff B. Agency Comments/Conditions of Approval 1. Planning Division 2. Public Works Department 3. Fire Department 4. Police Department 5. Sanitary Service Company 6. Parks Department 7. Ada County Highway District C. Legal Description and Exhibit Map for Proposed Annexation BF.ViSEDI D. Required Findings from Unified Development Code Ten Mile Center AZ -14.001 PAGE 10 ►.: L '..,r /\` � ' EXHIBIT A Exhibit A.2: Conceptual Site Plan (dated: 12/9113 5Z4Z14) i 1�r I I� CGC- N !, tri ry n r Ten Mile Center AZ -14-001 PAGE 12 EXHIBIT A Exhibit A.3: Transportation System Map & Street Section Map (TMISAP) .0 'A.-: 1 Gaene O Pe.e.w 1 r�Pvu.9J+. I 3 rwl sv no.re l o.q . arar MN k ear en... Ten Mile Center AZ -14-001 PAGE 13 wII, R-1 j EXHIBIT A Exhibit A.5: Master Pathways Plan Ten Mile Center AZ -14-001 PAGE 15 Exhibit A.6: Development Agreement Provisions Proposed by Applicant & Recommended by Staff (Note: Staff's recommended changes to the provisions are noted in underline/strike-out format. Commission r commended changes noted in double undnrlineLwikeouO This exhibit only contains the portion of the DA proposed by the applicant that contains the uses permitted by this agreement & the conditions governing development of the subject property. The full document is contained in the applicant's application. 3. USES PERMITTED BY THIS AGREEMENT: 3.1 The uses allowed pursuant to this Agreement are only those uses allowed for the applicable zone under City's Zoning Ordinance, codified at UDC § 11-2A-2, § 11-2B-2 and § 11-213-2. 3.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. Except as otherwise prohibited in this Agreement, any uses added to the applicable zone by any future amendment of the UDC shall be allowed on the Property. 4. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 4.1 Owner/Developer shall develop the Property in accordance with the following special conditions: 4.1.1 The Property shall be subdivided prior to submittal of the first Certificate of Zoning Compliance application. 4.1.2 The Property shall be developed in a manner that provides a transition in uses to adjacent residential properties. 4.1.3 A multi -use pathway shall be provided on the Property consistent with the Master Pathways Plan. 4.1.4 A pedestrian connection shall be made to the adjacent school site. 4.1.5 The portion of the Property to be zoned C -G should develop with a mix of uses such as retail, professional services, offices, entertainment uses, civic services, housing and outdoor spaces in the common area of the project as anticipated for the Lifestyle Center designated erea� designation in the Ten Mile Interchange Specific Area Plan (TMISAP)and shall he developed in a manner that incorporates design concepts from the Plan-(TMISAP) such as, but not limited to, the following: • low-rise buildings of 2-4 stories over much of the area, or other massing that meets the bulk and scale design concepts set forth in the TMISAP; • buildings built to the edge of the public rights of way or circulation roads except where additional sidewalk space is needed for cafe seating or for breaks in frontage for pocket parks; • large expanses of parking between the street and the Rent of the buildings are not desirable and should be minimized where practical; • smaller pad buildings should face the street with an entrance oriented toward the street; • buildings designed to "hold corners" rather than parking lots; • restaurants encouraged to have outdoor dining; Ten Mile Center AZ -14-001 PAGE 16 EXHIBIT A • shops and stores encouraged to open their doors and street view windows and use clear glass that allows easy visual access inwards and outwards (mirrored or reflective glass is not permitted; low emissivity glass is allowed); • integration of plaza, pocket parks, pedestrian arcades and other common areas in site design; and • building location and design oriented toward and/or connected to common areas and/or public space. Specific design features may vary from those outlined in the TMISAP (e.g., floor area ratios, unbroken frontage percentages, etc.) as necessary to accommodate operational requirements of certain end users, while still allowing a functional relationship among parking, circulation, loading and public right-of-way. 4.1.6 The portions of the Property to be zoned TN -C and TN -R shall be developed in a manner that incorporates traditional neighborhood design concepts from the TMISAP such as, but not limited to, the following: • higher density buildings close to the street; • narrower streets to slow traffic; • parking lots behind or under buildings; • residences with porches or balconies facing the street; and • garages in accord with the design elements listed in the TMISAP (pg. 3-33). Specific design features may vary from those outlined in the TMISAP as necessary to accommodate operational requirements of certain end users, while still creating a pedestrian - oriented focus. 4.1.7 In additfen-te the Only residential axits uses shall be developed within the R-8 zone. additional to other allowed uses a minimum of 95 75 residential units shall be develonesl within the and TN -R zones, and a minimum of 300 residential units shall be developed within the C -G and/or TN -C zones combined. 4.1.8 Business signs shall be compatible in color, materials, sizes, shapes and lighting with the architecture of the buildings and the businesses they identify and shall not be incompatible with surrounding buildings or development. All signs shall comply with the standards listed in the TMISAP (pg. 3-46). 4.1.9 Public art shall be incorporated into the development at the entry of the site to create a sense of arrival and as appropriate throughout the site, in accord with the TMISAP. Public art should be integrated into either the architectural design or the design of plazas, common areas and public spaces and should be easily visible to the public in accord with the TMISAP (pg. 3-47). 4.1.10 The future street layout for the site shall substantially comply with the conceptual street layout shown in Exhibit A.2. Future construction of these streets shall be consistent with the applicable street section as shown on the Street Section Map contained in the Ten Mile htterchange Specific Area Plan (TMISAP) (pgs. 3-20 and 3-21) with the exception of the east/west collector street (Ten Mile Creek Drive) from Ten Mile Road at the northwest comer of the site which shall be constructed as a major collector street in accord with Street Section C. 4.1.11 Future development of the site shall be generally consistent with the design elements contained in the TMISAP (Chapter 3), the design standards in UDC 11-3A-19, and the guidelines in the Meridian Design Manual. Ten Mile Center AZ -14-001 PAGE 17 EXHIBIT A 4.1.12 The Kennedy Lateral and all other waterways on the site shall be piped or otherwise covered in accord with UDC 11-3A-6, unless waived by City Council. 4.1.13 The agricultural use of the property may continue until such time as the property develops. The Right -to Farm Act, Idaho Code Section 22-4503 is applicable to the subject property. 4.1.14 Based on the 2010 Meridian Sewer Master Plan, the subject property lies within two sewer boundaries. The Kennedy Lateral is the sewer shed boundary. Sanitary sewer services to this development is are being proposed via main extensions from the Black Cat Trunk and Ten Mile Diversion Trunk Owner/Developer shall install mains to and through the development, 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 then alternative materials shall be used in conformance with City of Meridian Public Works Department standard specifications. 4.1.15 Water service to the subject property will be via extension of mains in Ten Mile Road along the alignment of the future east -west collector. Owner/Developer shall be responsible to install water mains to and through the property at the time of development and to coordinate main sizes and routing with City of Meridian Public Works Department. 4.1.16 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 12-13-8.3). The City of Meridian owns and operates a reclaimed water system along the South Ten Mile and West Franklin Road frontages of this parcel. Owner/Developer shall coordinate with the Public Works Department on the possible connection to this system for the provision of landscape irrigation water. 4.1.17 Business hours of operation in the C -G zoning district are limited from 6.00 am to 11.00 pm 4.1.18 Owner/Developer aerees to utilize the City of Meridian's Class "A" Reclaimed Water System Meridian Irrigation District. WHEN WN"ITIVIMT17, I KI ITS MUM 1 1' 1=1 I I I I I' -Ti I _- Ten Mile Center AZ -14-001 PAGE 18 EXHIBIT A Exhibit B: Agency Comments On February 6, 2014, Planning Staff held an agency comments meeting. The agencies and departments present include: Meridian Fire Department, Meridian Police Department, Park's Department and Meridian Public Works Department. Staff has included all comments and recommended actions in the attached Exhibit B. 1. PLANNING DIVISION 1.1 ANNEXATION & ZONING 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 incorporate the provisions proposed by the applicant and recommended by Staff in Exhibit A.6. 2. PUBLIC WORKS DEPARTMENT 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 Per Meridian City Code, the applicant shall be responsible to install sewer and water mains to and through this development. 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. 2.4 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. 2.5 All existing structures that are required to be removed shall be prior to signature on the final plat by the City Engineer. 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 Ten Mile Center AZ- 14-001 PAGE 19 EXHIBIT A 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. 2.7 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. 2.8 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. 2.9 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. 2.10 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. 2.11 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. 2.12 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. 2.13 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. 2.14 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.15 Developer shall coordinate mailbox locations with the Meridian Post Office. 2.16 All grading of the site shall be performed in conformance with MCC 11-12-3H. 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. 2.18 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. 2.19 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 accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. 2.20 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. Ten Mile Center AZ -14-001 PAGE 20 EXHIBIT A 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. 2.22 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. 2.23 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 The Fire Department has no comments on this application. 4. POLICE DEPARTMENT 4.1 The Police Department has no comments on this application. 5. SANITARY SERVICES 5.1 SSC has no comments related to this application. 6. PARKS DEPARTMENT 6.1 The Pathways Master Plan indicates a multi -use pathway connecting Peregrine Elementary to Ten Mile Road along the Kennedy Lateral and leaving the lateral, continuing west to or near the future collector intersection at Ten Mile Road. A second pathway connection is indicated connecting the Kennedy Lateral pathway to the Ten Mile pathway to the north. Both multi -use pathways shall be required with this development as the elementary school boundaries extend west of Ten Mile Road and south of I-84. Should the Kennedy Lateral be tiled and relocated as part of the development, the multi -use pathway may follow the surface street layout as a 10' pathway on one side of the east -west road network. It is not critical that the pathway follow the waterway. 7. ADA COUNTY HIGHWAY DISTRICT 7.1 Site Specific Conditions of Approval This application is for annexation and rezone only. The District may add additional findings for consideration when it reviews a specific development application. Site Specific Conditions will be will be established at that time. 7.2 Standard Conditions of Approval 7.2.1 All irrigation facilities shall be relocated outside of the ACHD right-of-way. 7.2.2 Private Utilities including sewer or water systems are prohibited from being located within the ACHD right-of-way. Ten Mile Center AZ -14-001 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 ACED 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. 7.2.12 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. Ten Mile Center AZ -14-001 PAGE 22 EXHIBIT A C. Legal Description and Exhibit Map for Proposed Annexation (RF.VICF.DI January 3, 2014 DESCRIPTION FOR PROPOSED MERIDIAN ANNEXATION TREASURE VALLEY CENTER 10 SIRE A parcel of land located in the NW % of Section 14, T. 3 N., R 1 W., B.M., Ada County, Idaho, more particularly described as follows: BEGINNING at the West % come% of said Section 14, from which the Center % comer of acid section bears South 89°11'30" East, 2656.46 feet; Thence along the west boundary of the NW ;4 of said Section 14 North 00°34' 17" East, 1336.30 feet to a point on the centerline of the Kennedy Lateral; Thence leaving said west boundary, and along said centerline: Thence South 89°59' 13" East, 24.80 feet; Thence North 66050'59" East, 203.10 feet to a point of curvature; Thence 92.42 feet along the arc of a curve to the right, said curve having a radius of 199.99 feet, a delta angle of 26°28'40, and a long chord bearing North 8000541" East, 91.60 feet to a point of tangency; Thence South 86°39'37' East, 156.20 feet to a point of curvature; Thence 107.70 feet along the are of a curve to the left, said curve having a radius of t99.99 fed, a delta angle of 30"5V] 6", and a long chord bearing North 77054123" East, 106.40 feet to a point of langency; Thence North 62128'23" East, 91.30 feat to a point of curvature; Thence 68.91 feet along the arc of a curve to the right, said curve having a radius of 69.99 feat, a delta angle of 56" 10' 12", and a long chord bearing South 89°26'01" East, 65.90 feet to a point of tangency; Thence South 61020'19" East, 85.70 feel; Thence South 53° 10'31" East, 198.60 feet; Thence South 50'57'55" East, 17.82 feel to a point on the north boundary of the S '/S of the NW % of said Section 14; Thence leaving said centerline, and along said north boundary South 89°10'21" East, 1700.41 feet to the NE comer of said S % of the NW %; Thence leaving said north boundary and along the north boundary of the SW % of the NE ;4 of said Section 14 South 89"12' 11" East, 1329.35 feet; Thence leaving said north boundary South 00"34'59" West, 1038.04 feat; Thence North 89011'3011 West, 450.00 feet; Thence South 00°35'31" West, 290.40 feet to a point on the south boundary of the SW % of the NE % of said Section 14; Thence along said south boundary North 89011'30" West, 879.81 feet to the SE comer of the NW ''A (Center % comer) of said Section 14; Ten Mile Center AZ -14.001 PAGE 23 EXHIBIT A Thenee along the south boundary of said NW 'ti Noah 89011'30" West, 2656.46 feet to the POINT OF BEGINNING, Containing 120.69 acres, more or less. This description was prepared from data of record (Record of Survey No. 8353, records of Ads County, Idaho) and does not represent a field survey of the subject property. '�'`` o RV TRF C ti/, _ _ _ a 2u '� CURJE IENCIH PMIUS DELTA CHOND BRG CHOBO /yam � ,Y— 's " — 1A: FRANICGN RD. ' —' — ' —' — — — - — C1 92.42 199.99 2628'40' N &1'05'41' E 91.60 W` Q w-1 199.99 30`51'Ir H7754'23'E 106.40 C3 68.61 69.99 56'10'12' S 872C01' E 65.90 L I a V$ I 2 C* g I 6 LU N 6728'23' E Z 0 N fi6'SO'59' E 91.30' 8 61'20'19' E r 20370' &5.70' C1 C2 $9 �l0'31' E w 5 8639'37' E _ 156.27 __ _ SLT1I'21E11700AV z 24805913' E S 5757'55' E 9�'12'i�'� 1J�35� Z W a o 17.82 ¢ U omi 1 mr z 3� Iu, , § f- Q z rc c Iz Pte_ � U) 1 45080' Q Q Vl I 3 N 6711'30' W o- LLQ 0 EL _ N W111'30' W 579..81' N 8711'30' W 2656.4fi' PONT OF BEGINNING I 1 M O O I k' i °rye l � N Ten Mile Center AZ -14-001 PAGE 24 EXHIBIT A November 5, 2013 DESCRIPTION FOR PROPOSED C -G ZONE TREASURE VALLEY CENTER 10 A parcel of land located in the NW �4 of Section 14, T. 3 N., R 1 W., B.M., Ada County, Idaho, more particularly described as follows: BEGINNING at the West '/. comer of said Section 14, from which the Center % comer of said section bears South 89°11'30" East, 2656.46 feet; Thence along the west boundary of the NW b of said Section 14 North 00°34' 17" East, 1336.30 feet to a point on the centerline of the Kennedy Lateral; Thence leaving said west boundary, and along said centerline: Thence South 89059'13" Best, 24.80 feat; Thence North 66050'59" East, 203.10 feel to a point of curvature; Thence 92.42 feet along the arc of a curve to the right, said curve having a radius of 199.99 feet, a delta angle of 26°28'40", and a long chord bearing North 80°05'41" East, 91.60 feet to a point of tangency; Thence South 86039'37" Best, 156.20 feet to a point of curvature; Thence 107.70 feet along the arc of a curve to the left, said curve having a radius of 199.99 feet, a delta angle of 30"51' 16", and a long chord bearing North 77°54'23" East, 106.40 feet to a point of tangency; Thence North 62028'23" East, 91.30 feet to a point of curvature; Thence 68.91 fent along the are of a curve to the right, said curve having a radius of 69.99 feet, a delta angle of 56°10'12", and a long chord bearing South 89°26'0!"East, 65.90 feet to a point of tangency; Thence South 61020'19" East, 85.70 feet; Thence South 53°10'31" East, 198.60 feet; Thence South 50057'55" East, 17.82 feet to a point on the north boundary of the S % of the NW W of said Section 14; Thence leaving said centerline, and along said north boundary South 89°10'21" East, 1609.44 fast; Thence leaving said north boundary South 00049'39" West, 45.00 feet to a point of curvature; Thence 144.04 feel along the are of a curve to the left, said curve having a radius of 300.00 fent, a delta angle of 27030'31", and along chord bearing South 12'55'37' East, 142.66 feet to a point of reverse curvature; Thence 239.89 feet along the arc of a curve to the right, said curve having a radius of 500.00 feet, a delta angle of 27°29'22", and a long chord bearing South 12056'11 11 East, 237.60 feet to a point of tangency; Thence South 00048'30" West, 207.08 fat to a point of curvature; Ten Mile Center AZ -14-001 PAGE 25 EXHIBIT A Thence 361.37 feet along the arc of a curve to the right, said curve having a radius of 500.00 feet, a delta angle of 41024134", and a long chord bearing South 21 °30'47" West, 353.55 feet to a point of compound curvature; Thence 57.88 feat along the arc of a curve to the right, said curve having a radius of 300.00 feet, a delta angle of 11 *03'13", and a long chord bearing South 47044'41" West, 57.79 feet; Thence leaving said curve South 36°43'42" East, 53.27 feet to a point of curvature; Thence 131.03 feet along the arc of a curve to the right, said curve having a radius of 200.00 feet, a delta angle of 37032'12", and a long chord bearing South 17057'36" East, 128.70 feet to a point of tangency, Thence South 00°48'30" Wert, 172.47 feet to a point on the south boundary of the NW % of said Section 14; Thence along said south boundary North 89°11'30" West, 2557.72 feet to the POINT OF BEGINNING. Containing 81.35 acres, more or less. This description was prepared from data of record (Record of Survey No. 8353, records of Ada County, Idaho) and does not represent a field survey of the subject property. kL LAA 1118 of \'' yea ti ON w. Ten Mile Center AZ -14-001 PAGE 26 EXHIBIT A June 6, 2014 DESCRIPTION FOR PROPOSED R-8 ZONE TREASURE VALLEV CENTER 10 A parcel of land located in the SW '/. of the NE '/4 and the SE X of the NW 'k of Section 14, T. 3 N., R 1 W., B.M., Ada County, Idaho, more particularly described as follows: BEGINNING at the Center % comer of said Section 14, from which the West I/ comer of said section bears North 89011'30" West, 2656.46 feet; Thence along the south boundary of the SE % of the NW % of said Section 14 North 8901 111Y, West, 98.74 feet; Thence leaving said south boundary North 00°48'30" East, 172.47 feet to a point of curvature; Thence 131.03 feet along the arc of a curve to the left, said curve having a radius of 200.00 feet, a delta angle of 379212", and a long chord bearing North 17057'36" West, 128.70 feet to a point of tangency; Thence North 36043'42" West, 53.27 feet; Thence South 89011'30" East, 946.13 feet; Thence North 00034'59" East, 991.76 feet to a point on the north boundary of the SW 'b of the NE'/, of said Section 14; Thence along said north boundary South 89° 12'11 - East, 555.00 feet to the NE comer of said SW '/ of the NE 1/4; Thence along the east boundary of said SW '/, of the NE V. South 00134'59" West, 1038.04 feet; Thence leaving said east boundary North 890 11'30" West, 450.00 feet; Thence South 00035'31" West, 290.40 feet to a point on the south boundary of the SW 'ti of the NE'/, of said Section 14; Thence along said south boundary North 89011'30" West, 879.81 feat to the POINT OF BEGINNING. Containing 20.76 acres, more or less. This description was prepared from data of record (Record of Survey No. 8353, records of Ada County, Idaho) and does not represent a field survey of the subject property. 130528-R-8.rcv.docx Ten Mile Center AZ -14-001 PAGE 27 EXHIBIT A June 4, 2014 DESCRIPTION FOR PROPOSED TN -C ZONE TREASURE VALLF,V CENTER 10 A parcel of land located in the SE % of the NW '/, and the S W'/4 of the NE'/ of Section 14, T. 3 N., R I W., B.M., Ada County, Idaho, more particularly described as follows: Commencing at the Center ti comer of said Section 14, from which the West 'A corner of said section bears North 8901 I'M' West, 2656.46 fact; thence along the south boundary of the SE ti of the NW V4 of said Section 14 North 890I 1'30" West, 98.74 feel; thence leaving said south boundary North 00048'30" East, 172.47 feet to a point of curvature; thence 131.03 feet along the aro of a curve to the left, said curve having a radius of 200.00 feet, a delta angle of 37032'1 T', and a long chord beating North 17057'36" West, 128.70 feet to a point of tangency, thence North 36043'42" West, 53.27 feet to a point on a curve, being the POINT OF BEGINNING; Thence 57.88 feel along the arc of a non -tangent curve to the la said curve having a radius of 300.00 feel, a della angle of 11°03`13", and a long chord bearing North 47°44'41" East, 57,79 feel to a point of compound curvature; Thence 361.37 feet along the are of a curve to the left, said curve huving a radius of 500.00 feet, a delta angle of 41 °24'34", and a long chord bearing Notch 21 °30'47" East, 353.55 feet to a point oftangency; Thence North 00648'30" East, 207.08 feet to a point of curvature; Thence 239.89 feet along the arc of a curve to the Icft, said curve having a radius of 500.00 feet, a delta angle of 27°29'22", and a long chord bearing North 12056'11 " West, 237.60 feet to a point of reverse curvature; Thence 144.04 feet along the are of a curve to the right, said curve having a radius of 300,00 feet, a delta angle of 27°30'31", and a long chord bearing North 12055'37" West, 142.66 feet 10 a point of tangency; Thence North 00049'39" East, 45.00 feet to a point on the north boundary of the SE, 'A of the NW ''A of said Section 14; Thence along said north boundary South 890 10'21" East, 90.97 feet to the NE comer of said SE /4 of the NW 1/4; Thence along the north boundary of the SW ti of the NE '/ of said Section 14 South 89112'11- East, 9112'11"East, 41433 feet; Thence leaving said north boundary South 0004810" West, 991.68 feel; Thence North 89011'30" West, 582.22 feet to the POINT OF BEGINNING. Containing 10.32 acres, more or less. This description was prepared from data of record (Record of Survey No. 8353, records of Ada County, Idaho) and does not reprnaent a field survey of the subjectproperty. 130528-TN-C.revAd Ten Mile Center AZ -14-001 PAGE 28 EXHIBIT A June 4, 2014 DESCRIPTION FOR PROPOSED TN -R ZONE TREASURE VALLEY CENTER 10 A parcel of land located in the SW '/4 of the NE'/. of Section 14, T. 3 N., R 1 W., B -M., Ade County, Idaho, more particularly described as follows: Commencing at the Center ti comer of said Section 14, from which the West 'ti comer of said section bears North 89011'30" West, 2656.46 feet; thence along the south boundary of the SE W of the NW '/, of said Section 14 North 89011 '30" West, 98.74; thence leaving said south boundary North 00°48'30" East, 172.47 feet to a point of curvature; thence 131.03 feet along the arc of a curve to the lett, said curve having a radius of 200.00 feet, a delta angle of 37°32' 12", and a long chord bearing North 17057'12" West, 128.70 feet to a point of tangency; thence North 36°43'42" West, 53.27 feet; thence South 8901110" East, 582.22 feet to the POINT OF BEGINNING; Thcncc North 00°48'30" East, 991.68 feet to a point on the north boundary of the SW ''A of the NE'/s of said Section 14; Thence along said north boundary South 89°12' 11" East, 360.01 feel; Thence leaving said north boundary South 00°34'59" West, 991.76 feet; Thence North 89011'30" West, 363.91 fact to the POINT OF BEGINNING. Containing 8.24 acres, more or less. This description was prepared from data of record (Record of Survey No. 8353, records of Ada County, Idaho) and does not represent a field survey of the subject property. 130528-TN-Rrev.does Ten Mile Center AZ -14-001 PAGE 29 E C '20'19- C 7• Via,31' f 9860 UNA111t3Y1I:1 e9110'71� 5 00'+9'!9' I ocp ,?SO A rY PORT of BECIOW TM -G'` s ]843.42' c 5).27' 5 ar,l 6 _2 o �— 1n.n.v 11 a BECOWNG "fie%a BEAR K16�__—_ POINT Or BECROW CURVE ,ABI: CIMIYE CENGDI RIDNS CMU CHORD BIG CHORD c $ cl 97242 191.99 2B264O' N 8705.11' E 91.60 „ C2 107.70 199.9 375+•16' N 7?54'75' f 106.40 O C] 6851 69.99 5810•tr s 8876'01' E 6590 _ a CI 1N.a ]ODA 7778]1' S Iz553r C 1x66ft p CG 7)9.9 500. 7sB^!7' N IT56.17' ■ 777.10 + C6 ]61.)7 500.00 ,1'7,'H' N IP]OLY C >,S]SS : �7 C7 57.96 300.00 IY9'r7' N,7„Y1'E $7.79 �\ y ca 1]1.0) 700.ar 7732'1YQ 17970 �Q ,0 57 SG �co—) g f 0 0 J. o 0N171W A z � F� O Q W W g 59.12.11'E cc a co 111^ F_ W 4 U K V C) ■ N >i;l i RI p Ju BSL p 8 SF YIQ� 8rl"91�/ g W i p" LU �n W ~ fns J o L N�99'11 7o w 916.17 1 cr CL Ten Mile Center AZ -14-001 PAGE 30 Igll 0I EXHIBIT A D. Required Findings from Unified Development Code 1. ANNEXATION & ZONING FINDINGS: Upon recommendation from the Commission, the Council shall make a full investigation and shall, at the public hearing, review the application. In order to grant an annexation and/or rezone, the Council shall make the following findings: a. The map amendment complies with the applicable provisions of the Comprehensive Plan; The City Council finds that the proposed map amendment is generally consistent with the LC, HDR, MHDR, and MDR FLUM designations for this site with the development agreement provisions proposed by the applicant and those recommended by staff in Exhibit A.6. Further, the amendment should be compatible with existing and future adjacent 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 C -G, TN -R, TN -C and R-8 zoning districts is consistent with the purpose statements of the applicable 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 the proposed annexation of this site is in the best interest of the City based on the analysis contained in the staff report. Ten Mile Center AZ -14-001 PAGE 31 Meridian City Council Meeting DATE: August 12, 2014 ITEM NUMBER: 4B PROJECT NUMBER: AZ 14-010 ITEM TITLE: ARCHER FARM SUBDIVISION Development Agreement for Approval: for Approval: AZ 14-010 Archer Farm Subdivision by Archer Farm Properties, LLC Located 4660 N. Meridian Road Request: Annexation and Zoning of 5.2 Acres of Land with an 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 ADA COUNTY RECORDER Christopher D. Rich 2014-065513 BOISE IDAHO Pgs=35 BONNIE 08/13/2014 01:35 PM MERIDIAN CITY NO FEE IIIIIIIIIIII IIIIIIIIIIIIIIII III III I I IN IIIII iI III 00010986201400655130350353 DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. Archer Farm Properties, LLC, Owner/Developer THIS DEVELOPMENT AGREEMENT (this Agreement), is made and entered into this 1;�Z day of AygvS�` , 2014, by and between City of Meridian, a municipal corporation of the State of Idaho, hereafter called CITY whose address is 33 E. Broadway Avenue, Meridian, Idaho and Archer Farm Properties, LLC, whose address is 701 S. Allen Street, Suite 108, Meridian, Idaho 83642, hereinafter called OWNER/DEVELOPER. 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 § 67-6511A provides that cities may, by ordinance, require or permit as a condition of 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 5.20 acres described in Exhibit "A", requesting a designation of R-8 (Medium Density Residential) zoning districts under the UDC, which generally describes 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 —ARCHER FARM SUBDIVISION (AZ 14-010) PAGE 1 OF 8 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, includes responses of government subdivisions providing services within the City of Meridian planning jurisdiction, and includes further testimony and comment; and 1.7 WHEREAS, on the 5'h day of August, 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 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 1.10 WHEREAS, Cityrequires the Owner/Developer to enterinto a development agreement for the purpose of ensuring that the Property is developed and the subsequent use ofthe 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. DEVELOPMENT AGREEMENT -ARCHER FARM SUBDIVISION (AZ 14-010) PAGE 2 OF 8 3.2 OWNER/DEVELOPER: means and refers archer Farm Properties, LLC, whose address is 701 S. Allen Sheet, Ste. 108, Meridian, Idaho 83642, 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 zoned Medium Density Residential District (R-8) and attached hereto and by this reference incorporated herein as if set forth at length. 4. USE, 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 the UDC. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. 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 N. Meridian Road is prohibited in accord with UDC 11- 3A-3. 5.1.2 Future development of this site shall be generally consistent with the preliminary plat and conceptual building elevations submitted with this application included in Exhibits A.2 and A.4 of the Staff Report attached to the Findings of Fact and Conclusions of Law attached hereto as Exhibit "B". 5.1.3. The rear or sides of homes on lots that face N. Meridian 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. 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: DEVELOPMENT AGREEMENT-ARCHERFARm SUBDIVISION (AZ 14-010) PAGE 3 of 8 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 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 (18 0) 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 intitle or by the assigns of the parties hereto. Enforcement maybe sought by an appropriate action at law or in equity to secure the specific performance of the covenants, agreements, conditions, and obligations contained herein. 7.4 Delay. In the event the performance of any covenant to be performed herermder 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. DEVELOPMENT AGREEMENT—ARCHER FARM SUBDNIsioN (AZ 14-010) PAar 4 of 8 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 ofthe Meridian Zoning Ordinance in connection with the re -zoning ofthe 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 ofthe 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 agrees 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: Archer Farm Properties, LLC 701 S. Allen Street, Ste. 108 Meridian, Idaho 83642 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. DEVEIAPMEN'T AGREEMENT -ARCHER FARM SUBDIVISION (AZ 14-010) PAGE 5 or, 8 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 ofthe 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 tinder this Agreement. 20. COOPERATION OF THE PARTIES: In the event of any legator 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 panties 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 governingre-zoning of the subject Property herein provided for can be modified or amended without the approval ofthe City Council after the City has conducted public lrearing(s) in accordance with the DEVELOPMENT AGREEMENT—ARCHER FARM SHEDIvisioN (AZ 14-010) PAGE 6 of 8 notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. 22• EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in connection with the annexation and zoning of the Property and execution of the Mayor and City Clerk. [end of text; signatures, acknowledgements, and Exhibits A and B follow] ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. OWNER/DEVELOPER: Archer Farm Properties, LLC !T By: CITY OF MERIDIAN By: Mayor T y de Weer ATTEST: `acol Y- ATkD9 L`GST a C;ty 0i Jayc e L H Cle k m E�RDI,A '4 a S ��, r``.r ` yea `' reFAsuaEua DEVELOPMENT AGREEMENT —ARCHER FARM SUBDIVISION (AZ 14-010) PAGE 7 or 8 STATE OF IDAHO } ss: County of Ada, ) On this -�t day of. for said State, personally ap to be the he executed the sa e on be. t ' ` , 2014, be ore me, the undersigned, a Notary Public in and 1 t ,� , known or identified to me o --of Archer Farm Properties, LLC, and acknowledged to me that 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. (SEAL)'„"�,1► ILO *O?Aok 6F 10 STATE OF IDAHO ) ss County of Ada ) N ary Public r daho Residing at: M Commission y pines:N042E^� On thistRi day of 014 def a Notary Public, m personally appeared Tammy de Weerd and ;` oS Eew o'r 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. 96060969,8*0 (SEAL) t ; Notary Public�- r Idaho -;� +, Residing at: Cc��}�Q.� : t3d ��'q"8LI4,�,,��'� •; , Commission expires: J ••• OF ID eftseeff'oi'• DrVELOPMEN'I'AGREEMENT-ARCHERFARM SUBDIVISION (AZ 14-010) PAGE 8 OP 8 EXHIBIT A 9233 WEST STATE STREET 16015f,1083714 1 208.639.6939 1 FA%208.639.6930 November2l, 2013 Project No. 13.106 Starkey Property Subdivision Annexation and Rezone legal Description Fxhlbft A A parcel of land situated In the NW 1/4 of the NW 1/4 of Section 31, Township 4 North, Range 1 East, Boise Meridian, Ada County, Idaho and being more particularly described as follows: Commencing at a brass cap marking the West 1/4 corner of said Section 31, which bears S00'02'58'W a distance of 2,600.33 feet from a found brass cap marking the Northwest corner of said Section 31, thence following the westerty line or the NW 1/4 of said Section 31, NOW02's6"f a distance of 1,815.05 feel to a found 5/8 -Inch rebar being the POINT OF BEGINNING. Thence following said westerly line N00'02'58'E a distance of 467.80 feet to a point; Theni¢ leaving Bald westerly line 1,189'57.311E a distance of 25.00 feet to a point on the easterly right- of-way lipe of Meridian Road and the southerly boundary line of Solitude Place subdivision No. 3; Thence leaving said easterly right-of-way line and following said southerly boundary line, N89'57'31'E a distance of 458.71 feet to a S/6 -Inch rebar marked `PLS 4347'; Thence leaving sold southerly boundary line and lollowing to westerly boundary lines of Solitude Place Subdivision No. 3 and Solitude Place Subdivision No. 2, 500'01'46'[ a distance of 467.80 feel to an aluminum cap marked `PLS 5461'; Thence leaving sold westerly boundary lines and following the northerly boundary lines of Solitude Place Subdivision No.2 and Solitude Place Subdivision No. 1, S89'57'3 VW a distance of 459.36 feel to a point on the easterly right-of-way line of Meridian Road; Thence leaving said northerly boundary lines and said easterly right-of-way line, S89'5,731'W a distance of 25,00 feel to the POIN T OF BEGINNING. Said parcel contains 5.20 acres, more or less. This legal description is for Rezone purposes and shall not be used for eom2eyance purposes. Attached hereto Is Exhibit 0 and by this releronce Is made a part hereof, ENGINEERS I SURVEYORS I PLANNERS Archer Farm Subdivision — AZ 14-010 Exjti�b,a- 13 CITY XERIDL&N FINDINGS OF FACOFTCONCCL CONCLUSIONS OF LAW Q:�VE IDIAN AND IDAHO DECISION & ORDER In the Matter of the Request for Annexation & Zoning of 5.2 Acres of Land with an R-8 Zoning District; and Preliminary Plat Consisting of Twenty (20) Single -Family Residential Building Lots and One (1) Common Area Lot on 4.93 Acres of Land for Archer Farm Subdivision, Located at 4660 N. Meridian Road, by Archer Farm Properties. Case No(s). AZ -14-010; PP -14-010 For the City Council Hearing Date of: July 22, 2014 (Findings on August 12, 2014) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of July 22, 2014, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of July 22, 2014, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of July 22, 2014, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of July 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. 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. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -14-010; PP -14-010 -1- 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of July 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 per the provisions in the attached Staff Report for the heating date of July 22, 2014, attached as Exhibit A. 2. The applicant's request for preliminary plat is hereby approved per the conditions in the staff report for the hearing date of July 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 prelimitimy 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 11-611-713). 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 -5B -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 -5B -3F). CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -14-010; PP -14-010 -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 ofthis 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 July 22, 2014 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -14.010; PP -14-010 -3- By action of the City Council at its regular meeting held on the - day of A}y j v S � 2014. COUNCIL PRESIDENT CHARLIE ROUNTREE VOTED O -q e COUNCIL VICE PRESIDENT KEITH BIRD VOTED 6 ( e - COUNCIL MEMBER DAVID7AREMBA VOTED -a - —e - COUNCIL COUNCIL MEMBER JOE BORTON VOTED a. i ee COUNCIL MEMBER LUKE CAVENER VOTED--0-[P- COUNCIL OTEDa-le COUNCIL MEMBER GENESIS MILAM VOTED a y e MAYOR TAMMY de WEERD VOTED (TIE BREAKER) Mayor Ta y e Weerd Attest: �DRp,4UDAIJ 0 3 �City of E I$ DIAr 1�4N0 a SEAL u�z TIIFA5U*- Copy served upon Applicant, The Planning Division, Public Works Department and City Attorney. Dated: 1 'ty ler 's f e CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -14-010; PP -14-010 -4- STAFF REPORT TO: PURSIM GYlialt EXHIBIT A Hearing Date: July 22, 2014 Mayor & City Council Sonya Watters, Associate City Planner 208-884-5533 (:> WE IDIANA--- IDAFit7 Bruce Freckleton, Development Services Manager 208-887-2211 AZ -14-010; PP -14-010 — Archer Farm Subdivision I. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, Archer Farm Properties, LLC, has submitted an application for annexation and zoning (AZ) of 5.2 acres of land with an R-8 zoning district. A preliminary plat (PP) is also proposed consisting of 20 single-family residential building lots and I common lot on 4.93 acres of land for Archer Farm 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 Plamwrg & Zoning Commission heard these items on June 19, 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: Kevin McCarthy it. In onposition: None iii. Commenting: Angela Robertson iv. Written testimony: Kevin McCarthy v. Staff presenting application: Sonya Watters vi. Other staff commenting on application: None b. Key Issues) of Discussion by Commission: i. None c. Kev Commission Changes) to Staff Recommendation: i. None d. Outstandinglssue(s) for City Council: i. None The Meridian City Council heard these items on July 22.2014. At the public hearing, the Council approved the subjectAZ and PP reauest LSummary of City Council Public Hearing: 1. In favor: Kirsh Allnhin 1!. In nnposit0on* None 111. Commenting: None iv. Written testimony: Kirsh Allnhi M Staff nresentineannlicatinn: Sonya Watters yi, Other staff commenting on application: None b, Key Issues of Discussion by Council: L Na" Archer Fann Sub AZ -14-010; PP -14-010 PAGE 1 EXHIBIT A - Keo Council Changes to Staff/Commission Recommendation L Mum III. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to approve File Numbers AZ -14- 010 & PP -14-010, as presented in the staff report for the hearing date of July 22, 2014, with the followingmodifications: (Add any proposed modifications). Denial After considering all staff, applicant and public testimony, I move to deny File Numbers AZ -14-010 & PP -14-010, as presented during the hearing on July 22, 2014, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Numbers AZ -14-010 & PP -14-010 to the hearing date of (insert continued hearing date here) for the following reason(s): (Yon should state specific reason(s) for continuance.) 1V. APPLICATION AND PROPERTY FACTS A. Site Address/Location; The site is located at 4660 N. Meridian Road, in the NW '/M1 of Section 31, Township 4 North, Range 1 East. (Parcel #: S0531223395) B. Owner(s): Archer Farm Properties, LLC 701 S. Allen Street, Ste. 108 Meridian, Idaho 83642 C. Applicant: Same as owner D. Representative: Kevin McCarthy, KM Engineering, LLP 9233 W. State Street Boise, ID 83714 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: June 2, and 16, 2014 (Commission); June 30, and July 14, 2014 (City Council) C. Radius notices mailed to properties within 300 feet on: May 22, 2014 (Commission); June 26, 2014 (City Council) D. Applicant posted notice on site(s) on: June 5, 2014 (Commission); July 22, 2014 (City Council) VI. LAND USE Archer Parm Sub AZ -14.010;1'P-14010 PAGE EXHIBIT A 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: Single-family residential properties in Solitude Place subdivision, zoned R-8 2. East: Single-family residential properties in Solitude Place subdivision, zoned R-8 3. South: Single-family residential properties in Solitude Place subdivision, zoned R-8 4. West: N. Meridian Road; approved for single-family residential dwellings (Amber Wave subdivision), zoned R-15 C. History of Previous Actions: None D. Utilities: 1. Location of sewer: A sanitary sewer main intended to provide service to the subject property currently exists in N. Beaham Avenue. 2. Location of water: Water mains intended to provide service to the subject property currently exists in N. Beaham Avenue and E. Copper Ridge Street. 3. Issues or concerns: None E. Physical Features: 1. Canals/Ditches Irrigation: There is an irrigation ditch that runs across this 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 Medium Density Residential (MDR) on the Future Land Use Map (FLUM) contained in the Comprehensive Plan. MDR areas are characterized by relatively low densities and a predominance of single-family and two -unit housing types emphasizing ownership opportunities. Smaller two, three, or four unit apartment buildings may be compatible in an MDR area, but large apartment buildings or apartment complexes are not. In general, MDR areas should be protected from encroachments of higher density or higher intensity uses. MDR areas should include a mix of housing types that achieve an overall average target gross density of 6 units per acre. Generally, densities should range from 4-8 units per acre and should be designed conducive to walking with all of the housing and other uses sharing an interconnected sidewalk and street system. The applicant proposes annex the subject property with an R-8 zoning district and develop 20 single- family residential detached homes on the site. The gross density is 4.06 dwelling units (d.u.) per acre with a net density of 5.22. 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 opporhmities." (3.07.01E) The proposed medium density residential development should contribute to the variety of residential uses that exist in this area. Archer Farm Sub AZ -14-010; PP -14-010 PAGE 3 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. Meridian 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) Theproposed medium density residential development should be compatible with surrounding residential uses. • "Require common area in all subdivisions." (3.07.02F) The proposedplat depicts a total of 0.27 of an acre (or 5.48%) ofqualified open space/cormnon area to be provided on the site. Because this site is less than 5 acres in size, the UDC does not require open ,space is provided. • "Review new development for appropriate opportunities to connect local roads and collectors to adjacent properties (stub streets). (3.03.020) The proposedplat depicts connections to existing stub streets to the south and eastfor interconnectivity. • "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 existingpedestrian connections to the subjectproperlyfrom surrounding properties. Therefore, pedestrian access connectors are not proposed. • "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 ofthe 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 rnedium density residential (R-8) district allows a maximum gross density of 8 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-8 zoning district. Any use not explicitly listed, or listed as aprohibited use is prohibited. The proposed use of the property for single-family detached dwellings is a principal permitted use in the R-8 zoning district. C. Dimensional Standards: Development of the site should be consistent with the dimensional standards listed in UDC Tables 11-2A-6 for the R-8 zoning district. D. Landscaping: Street buffer landscaping shall be installed in accordance with the standards listed in UDC Tables 11-2A-6 for the R-8 zoning district. E. Off -Street Parking: Off-street parking is required in accord with UDC Table I 1-3C-6 for single- family dwellings. Archer Farm Sub AZ -14-010; PP -14-010 PAGE 4 EXMBT1' A IX. ANALYSIS A. Analysis of Facts Leading to Staff Recommendation: 1. Annexation & Zoning The applicant has applied to annex and zone a total of 5.2 acres of land with an R-8 zoning district. As discussed above in Section VII, the proposed zoning is consistent with the corresponding FLUM designation of MDR- The DRThe applicant proposes to develop 20 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. 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 aDA is required as a provision of annexation with the provisions included in Exhibit B. Because the FLUM designation for this property is MDR, which allows for densities of 3 to 8 dwelling units per acre and the proposed gross density is 4.06 dwelling units per acre, Staff finds the proposed R-8 zoning is appropriate for this property. 2. Preliminary Plat The proposed plat consists of 20 single-family residential building lots and I common area lot on 5.2 acres of land in a proposed R-8 zoning district. The average lot size in the proposed development is 7,759 square feet. Dimensional Standards: Staff has reviewed the proposed plat for compliance with the dimensional standards listed in UDC Table 11-2A-6 for the R-8 district and found the plat in compliance with those standards. Block Length: The proposed plat complies with the maximum block length standards listed in UDC 11 -6C -3F. Existing Structure(s): There is an existing home, barn and associated outbuildings on the site that are proposed to be removed. These structures should be removed prior to City Engineer signature on the final plat. Access: Access to this site is proposed on the plat via two existing stab streets in Solitude Subdivision. Access via N. Meridian Road is prohibited. 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. 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. Archer Farm Sub AZ -14-010; PP -14-010 PAGE 5 EXHIBIT A 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 N. Meridian Road as proposed. Landscaping within the street buffer is required to comply with the standards listed in UDC 11 -3B -7C. Tree Mitigation: The landscape plan depicts several existing trees on the site 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 (4.93 acres), no open space or site amenities are required to be provided. 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 N. Meridian Road and 5 -foot wide attached sidewalks are required along internal streets within the subdivision. There is an existing 7 -foot wide attached sidewalk that was constructed within the right-of-way along N. Meridian Road on this site with Solitude Place Subdivision as on off-site improvement for pedestrian traffic to the school north of this site. Because it is a relatively new sidewalk and it is 7 -feet rather than 5 -feet in width, staff is not recornmending the sidewalk is removed and replaced with a detached sidewalk. Pathways: There is not a regional pathway designated on the Master Pathways Plan for this site. There are no pathways proposed to adjacent properties as the abutting properties have not provided any pathways to this site. Waterways: An irrigation ditch crosses this site. All ditches on the site are required to be piped unless waived by City Council in accord with UDC 11 -3A -6A. 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. Building materials are proposed to consist of architectural shingles, board and batten and lap siding, with cultured stone wainscot. Because homes on lots that back up to N. Meridian Road will be highly visible, staff recommends the rear or sides of structures on these lots that face Meridian Road 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 exists along the north, east, and south boundaries of this site. A 6-foottall vinyl fencing is proposed along N. Meridian Road to match the existing fencing. All fencing should comply with the standards listed in UDC 11 -3A -6B and 11-3A-7. In summary, Staffrecommends approval ofthe 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: 5/8/14) 3. Proposed Landscape Plan (dated: 5/8/14) 4. Conceptual Building Elevations Archer Farm Sub AZ -14-010; PP -14-010 PAGE 6 EXMBIT A B. Agency & Department Comments/Conditions C. Legal Description & Exhibit Map for Annexation Boundary D. Required Findings from Unified Development Code Archer Farm Sub AZ -14-010;1'P-14-010 PAGE 7 AJ G A. Drawings 1. Vicinity Map ExhibitA Page 1 EXHIBIT A 2. Proposed Preliminary Plat (dated: 5/8/14) b� ARCHER FARM SUBDIVISION PRELIMINARY PLAT MIN10M0, I0µ0 MAT 1011 NDWCFOMW M WIP 444 wuia+%�i+m�i'wa. ei wvM • wr dLve..,m.�....e X9:1:".r.%II�Sx. LST^�•�• N IRS" I IrM- r- 1. m.If. Mae! -&- 5 1� Exhibit A Page 1 l� 4d�6 �v N IRS" I IrM- r- 1. m.If. Mae! -&- 5 1� Exhibit A Page 1 3. Proposed Landscape Plan (dated: 5/8/14) t � 1 1 [ I i - 1 � l EXHIBIT A ARCHER FARM SUBDIVISION PRELIMINARY LANDSCAPE PLAN MENDMN. IONTO MAY MIC • CrL�i e'a.d SFC ,at Ja�+y I �m��CaCYY aG:....CiC�IL•T'. t.9f ' RL"S..l•LY0.LSR�'iiR 65FS��F��'..«i.n .nM '"..Z.T�C.•'"3Y.'F9�"35�'Rt.'196 �^^ '�.�'+�:J.C`?.e 'SC- E.. r � MCNMFMMSUBDINSIVN �SWG L - -—_— ' ^y^•...� ors &Mbit A Page 2 EXHIBIT A 4. Conceptual Building Elevations -2- 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 N. Meridian Road is prohibited in accord with UDC 11-3A-3. b. Future development of this site shall be generally consistent with the preliminary plat and conceptual building elevations submitted with this application included in Exhibits A2 and A.4. c. The rear or sides ofhomes on lots that face N. Meridian 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. 1.1.2 The preliminary plat included In Exhibit A.2 dated 5/8/14 shall be revised as follows: a. Revise note ill as follows: "A 10 -foot joint utility trench easement will be provided along all right-of-way and rear lot lines," b. Revise note 42 as follows: "A 5 -foot joint utility trench will be provided along all reads shared accesses." 1.1.3 The landscape plan included in Exhibit A.3 dated 5/8114 shall be revised as follows: a. Ifmitigation is required for any existing trees on the site that are proposed to be removed, such information shall be included on the plan in accord with UDC 11 -3B -10C.5. 1.1.4 The developer shalt 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 All of the existing structures on the site shall be removed prior to signature on the final plat by the City Engineer. 1.2 General Conditions of Approval 1.2.1 Comply with all bulk, use, and development standards of the R-8 zoning district listed in UDC Table 11-2-A-6. 1.2.2 Comply with all provisions of 11-3A-3 with regard to access to streets. Direct lot access to N. Meridian Road 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. 3- EXRWIT A 1.2.7 Install all utilities consistent with the standards asset forth in UDC 11-3A-21 and 11 -3B -5J. 1.2.8 Construct all off-street parking areas consistent with the standards asset 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 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-3135 and 11 -3B -7C. 1.2.12 Comply with all subdivision design and improvement standards as set forth in UDC 11-6C-3, including but not limited to cut -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 11-3B-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 11-3B-13 and UDC 11-3B-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 -3F]. 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 visiontriangle 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 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 as set forth in UDC 11 -6B -3C2. -4- EXHIBIT A 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 11-611- 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 asset forth in UDC 11-6B-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 -3B -14A. 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 8112" 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 connectionto 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 We EXHIBIT A purposes such as landscape irrigation if approved by Idaho Department of Water Resources Contact Robert S. 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 Central 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 requimd 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, and provide evidence oftheir approval prior to signature on the final plat. 2.1.16 All grading of the site shall be performed in conformance with MCC 11-12-311. 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 prior to development plan approval. 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 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 certifrcation.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 OF -11 EXHIBIT A 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 Service for more information at 887-2211. 3. POWCE DEPARTMENT 3.1 The Police Department has no concerns with this application. 4. FntE DEPARTMENT 4.1.1 One and two family dwellings not exceeding 3,600 square feet require a fire -flow of 1,000 gallons per minute for a duration of 2 hours to service the entire project. One and two family dwellings in 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. 4.1.2 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 %," 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 5095. b. Show all proposed or existing hydrants for all new construction or additions to existing buildings within 1,000 feet of the project. 4.1.3 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. 4.1.4 Ensure that all yet undeveloped parcels are maintained free of combustible vegetation as set forth in International Fire Code Section 304.1.2. 4.1.5 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. 4.1.6 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 10-4-2.1. 5. REPvBLIC SERVICES 5.1 Republic Services has no comments on this application. EXHIBIT A 6. PARKS DLPARTmrNT 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 11-3B-1 OC.5. 7. ADA COUNTY HIGHWAY DISTRICT 7.1 Site Specific Conditions of Approval 7.1.1 Close the 3 existing driveways from the site onto Meridian Road and replace with vertical curb, gutter, and 7 -foot wide attached concrete sidewalk, as proposed. 7.1.2 Correct deficiencies and replace deteriorated facilities along Meridian Road abutting the site. 7.1.3 Continue Beaham Avenue and Copper Ridge Street into the site and construct all internal roads as 36 foot street sections with rolled curb, gutter, and 5 foot wide attached concrete sidewalk within 50 feet of right-of-way, as proposed. 7.1.4 Construct the cul-de-sac (Peach Springs Court) with a turning radius of at least 45 feet. 7.1.5 The knuckle at the intersection of Copper Ridge Street and Beaham Avenue is approved. 7.1.6 Direct lot access is prohibited to Meridian Road and shall be noted on the final plat. 7.1.7 Payment of impacts fees are due prior to issuance of a building permit. 7.1.8 Comply with all Standard Conditions of Approval. 7.2 Standard Conditions of Approval 7.2.1 All proposed irrigation facilities shall be located outside of the ACHD right-of-way (including all easements). Any existing irrigation facilities shall be relocated outside of the ACED right-of-way (including all easements). 7.2.2 Private Utilities including sewer or water systems are prohibited from being located within the ACED 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 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. -9- EXHIBIT A 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 ACRD. The burden shall be upon the applicant to obtain written confirmation of any change from ACRD. 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 ACRD 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 ACID Commission. 9- EXIBBIT A C. Legal Description & Exhibit Map for Annexation Boundary 9233 WESTSTATE STREET I WISE, 10 83114 1208.639:6939 1 FAX 208.639.6930 Novem6er27,2013 Project No, 13.106 Starkey Property Subdlvlsloh Annexation and Rezone Legal Description ExhlbItA A parcel of land situated In the NW 1/4 of the NW 1/4 of Section 31, Township North, Range 1 East, Be Ise Meridian, Ada County, Idaho and bel ng more particularly described as follows: Commencing at a brass cap marking the West 1/4 corner of said Section 31, which bears 500.02'58"W a distance of2,660,33 Feet from a found brass cap marking the Northwestcorner of nId Section 31, thence following the westerly Ime of the NW 1/4 of said Section 31, NW01 2'58"E a dl stance of1,e15.os feet In a found 5/8 -inch rehar being the POINT OF BEGINNING, Thence following said westerly line NOW01'580E a distance of 457.80 feet to a polnb Thence leaving sald Westedy line N89'57431"Ea distance of 25.00 feet to a point on the easterly right- of-way Ime of Meridian Road and the southerly boundary line or Solitude Place Subdivision No, 3; Thence leaving said easterly tight -of -way line and following said southerly boundary line, N89'S7'31"E a distance or 458.71 feet to a 5/8 -Inch rehar me rked "PL5 4307"; Thence leaving said southerly boundary line and following t6 westerly boundary lines of Solitude Place Subdivision No.3 and Salltude Place SubdIvIsiOn No. 2, S00'01'4 VE a distance Of 4 67, 80 feet to an aluminum cap marked 'PLS $461"; Thence leaving said westerly boundary Imes and following the northerly boundary Imes of Solitude Place Sobdlvlslon No.2 and Solitude Place Subdivision No. 1, 589'57'31"Wa distance of 459.46 feel to a point on the easterly right-ofivay line of Merldlan.Road; Thence leaving sold northerly boundary lines and said easterly right-of-way line, S89'V31"W a distance of 25.00 feet 19 the POINT OF BEGINNING. Said parcel contains 5.20 acres, more or less. This legal descdptldn$ for Rezone purposes and shall not be used for conveyance purposes; Attached hereto is Exhiblt b and by this reference Is made a part hereof. ENGINEERS I SURVEYORS I PLANNERS -10- z 12459 EXHIBIT A 2-'"o E; McMILLAN ROAD 36 .31 LEGEND I N895731 E os nn' SOLITUDE % PLACE No. 3 458.71' I I w 4660 N. MERIDIAN RD APN; S06312W95 N o n ol't 01I I i r' I 0 30 100 200 goo `Plan Scole I ���...,• 3T"W SOLIi UDL Lo 25,00' SOLITUDE PLACE No. 1 PI ACE No. 2 I fO W i SECIIDN 31 EXHIBIT B -- ANNEXATION AND REZONE - SHEET; - - - 51TUATED:I19 A PORTION OF TIME NW 1/4OF THE NW 1/4 OF SCCI'ION 31, 1 OF 1 T. 4 N., R, 1 E., BOISE MERIDIAN, ADA COUNTY, IDAHO -11- BRASS CAP ® ALUMINUM VAP ® 5]O` REBAR CALCULATED POINT —fdoohmv uNE. — —SECTION ONE �"A RIG11T-OF-WAY LINE I N895731 E os nn' SOLITUDE % PLACE No. 3 458.71' I I w 4660 N. MERIDIAN RD APN; S06312W95 N o n ol't 01I I i r' I 0 30 100 200 goo `Plan Scole I ���...,• 3T"W SOLIi UDL Lo 25,00' SOLITUDE PLACE No. 1 PI ACE No. 2 I fO W i SECIIDN 31 EXHIBIT B -- ANNEXATION AND REZONE - SHEET; - - - 51TUATED:I19 A PORTION OF TIME NW 1/4OF THE NW 1/4 OF SCCI'ION 31, 1 OF 1 T. 4 N., R, 1 E., BOISE MERIDIAN, ADA COUNTY, IDAHO -11- EXHIBIT A D. Required Findings from Unified Development Code I. 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-8 zoning district and proposes a gross density of 4.06 dwelling units per acre consistent with the FLUM designation of MDR. 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 Vll 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-8 zoning district 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. c. The annexation is in the best of interest of the City (UDC 11 -5B -3.E). The City Council finds annexing this property with an R-8 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 Comprehensive Plan Policies and Goals, Section VII, of the Staff Report for more information. 12- EXMBIT 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 recommends the Council rely upon comments from the public service providers (i.e., Police, Fire, ACHD, 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 City Council is not aware of any health, safety, or environmental problems associated with the platting of this property, therefore, the Council finds the development will not be detrimental to these items. ACED considers road safety issues in their analysis. -13- Meridian City Council Meeting DATE: Auqust 12, 2014 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: APPROVAL AND AWARD OF BID Approval and Award of Agreement to McMaster Construction for the "Meridian Heights Water Meter Project" for the Not To Exceed amount of $395,752.32. MEETING NOTES A RA NPROVEP Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Memo To: Jaycee L. Holman, City Clerk, From: Keith Watts, Purchasing Manager CC: Jacy Jones, Warren Stewart Date: 08/07/2014 Re: Aug 12"' City Council Meeting Agenda Item The Purchasing Department respectfully requests that the following item be placed on the August 12, 2014 City Council Consent Agenda for Council's consideration. Award of Bid and Approval of Agreement to McMaster Construction for the "Meridian Heights Water Meter Project - Construction" project for a Not -To -Exceed amount of $395,752.32. Recommended Council Action: Award of Bid and Approval of Agreement to McMaster Construction for the Not -To -Exceed amount of $395,752.32. Thank you for your consideration • Page 1 AGREEMENT FOR INDEPENDENT CONTRACTOR SERVICES MERIDIAN HEIGHTS WATER METER PROJECT PROJECT # 10481.c +THIS AGREEMENT FOR INDEPENDENT CONTRACTOR SERVICES is made this day of August, 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 McMaster Construction & Development, Inc., hereinafter referred to as "CONTRACTOR", whose business address is 16166 N 20T5 Street, Nampa, ID 83687and whose Public Works Contractor License # is C-004466-UNL-1-2. INTRODUCTION Whereas, the City has a need for services involving MERIDIAN HEIGHTS WATER METER PROJECT; 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: TERMS AND CONDITIONS Scope of Work: 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 represents and warrants that it will perform its work in accordance with generally MERIDIAN HEIGHTS WATER METER PROJECT page 1 of 10 Project 10481.c 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. Consideration 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 $395.752.32. 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 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. 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 MERIDIAN HEIGHTS WATER METER PROJECT page 2 of 10 Project 10481.c option, may terminate this Agreement if the failure is not remedied by the City f " within thirty (30) days from the date payment is due. 3.4 Time For Executing Contract, Liquidated Damages, Early Completion Bonus Upon receipt of a Notice to Proceed, the Contractor shall have until December 10, 2014 to complete the work as described herein and provide a guaranteed final project cost. Contractor shall be liable to the City for any delay beyond this time period in the amount of $500.00 (five hundred dollars) 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. Early completion and bonus. The City agrees to pay McMaster Construction and Development, Inc an early completion bonus of $500.00 (five hundred dollars) per calendar day for each day the construction is completed before December 10, 2014. The maximum amount of bonus cannot exceed $15,000.00. 4. Termination: 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 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: MERIDIAN HEIGHTS WATER METER PROJECT page 3 of 10 Project 10481.c 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. 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. Indemnification and Insurance: 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 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 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 MERIDIAN HEIGHTS WATER METER PROJECT page 4 of 10 Project 10481.c 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. 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 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: MERIDIAN HEIGHTS WATER METER PROJECT page 5 of 10 Project 10481.c CITY City of Meridian Purchasing Manager 33 E Broadway Ave Meridian, ID 83642 208-888-4433 CONTRACTOR McMaster Construction & Development, Inc Attn: Eric Bird 16166 N 20" St. Nampa, ID 83687 Phone: 208-461-1234 Email: eric0mcmasterconst.com Idaho Public Works License #C-004466-UNL-1-2 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. 14. Reports and Information: 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. MERIDIAN HEIGHTS WATER METER PROJECT page 6 of 10 Project 10481.c 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 permitthe CITYto 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 i, 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. 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 MERIDIAN HEIGHTS WATER METER PROJECT page 7 of 10 Project 10481.c 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. CITY OF MERIDIAN McMaster Construction & Development, Inc TAMMY de AD, 0. D . - . � 1 Approved by Council: Attest: JAYCT-s-EI L BY: ERIC BIRD, ice President Dated:_ 'a/ a/t 4 A U ,UN 7 'WGty of E IDIAN - ^ IDAHC �r SEAL ��the Tt!F AS6RF� Purchasing Approv I BY: KEIT ATT , Purchasing Manager Dated:: 5�/Z/�z MERIDIAN HEIGHTS WATER METER PROJECT Project 10481.c Dep ar ent App WARREN STEWfART, Engineering Manager Dated::1Al page 8 of 10 Attachment A SCOPE OF WORK Ii ��=1i t�77.'��77�%�1>�y.'%].i�1 iii[�3.u./_F-�.�=1:zd�LF-�l<,'1�I�iiC�1► E�'� DEVELOPMENT DATED 8-1-2014 AS MODIFIED BY THIS AGREEMENT. All construction work shall be done in accordance with the 2012 version of the Idaho Standards for Public Works Construction (ISPWC), the 2013 City of Meridian Supplemental Specifications to the ISPWC (and any Addendums MERIDIAN HEIGHTS WATER METER PROJECT page 9 of 10 Project 10481.c Attachment B MILESTONE / PAYMENT SCHEDULE A. Total and complete compensation for this Agreement shall not exceed $395,752.32. Milestone 1 Final Completion December 10, 2014 Contract includes furnishing all labor, materials, equipment, and incidentals as required for the MERIDIAN HEIGHTS WATER METER PROJECT per Contractors Proposal dated 8-1-2014. Total Bid Schedule 1 ...................$395,752.32 CONTRACT TOTAL ....................... $395,752.32 CONTRACT IS A NOT TO EXCEED AMOUNT. LINE ITEM PRICING BELOW WILL BE USED FOR INVOICE VERIFICATION AND ANY ADDITIONAL INCREASES OR DECREASES IN WORK REQUESTED BY CITY. Item No. mom Description mom Onty Unit Unit Price 404.4.1.A.1.a Water Service Connection, Size''/" Single 112 EA $1,940.00 404.4.1.A.l.b Water Service Connection, Size %" Double 33 EA $2,260.00 404.4.1.A.1.c. Water Service Connection, Size''/" Single (Includes new service line from Main to Meter) 2 EA $4,380.00 404.4.1.A.l.d Water Service Connection, Size'/4" Double (Includes new service line from Main to Meter) 1 EA $4,640.00 1001.4.2.A.1 Staging Area (& SWPPP) 1 EA $4,720.00 1006.4.1.C.1 Inlet Protection 7 EA $95.30 1103.4.1.A.1 Construction Traffic Control 1 LS $10,130.00 2010.1.1.A.1 Mobilization 1 LS $26,500.00 2020.4.1.H.1 Locate and Reference Lot Corner Monument 85 EA $54.20 2020.4.1.1.1 Reset Lot Corner Monument 85 EA $21.80 SP -01 Vehicular Traffic Area Vault and Lid 25 EA $1,014.00 SP -02a Water Meter Use Tax —'/," Single Service Connection 114 EA $23.23 SP -02b Water Meter Use Tax —'/" Double Service Connection 34 EA $35.50 SP -3 %" Water Service line (Meter to Building) 300 LF $42.70 Travel expenses, if applicable, will be paid at no more than the City of Meridian's Travel and Expense Reimbursement Policy. MERIDIAN HEIGHTS WATER METER PROJECT page 10 of 10 Project 10481.c Meridian City Council Meeting DATE: August 12, 2014 ITEM NUMBER: 4D ( PROJECT NUMBER: ITEM TITLE: EASEMENT Underground Facilities Easement Between Idaho Power, the Meridian Rural Fire Protection District and the City of Meridian for Utilities located at Ten Mile Road and North of Cherry Lane. 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 I •. CAODIIP PLEASE RETURN TO: ADA COUNTY RECORDER Christopher D. Rich 1221 W.Idaho St.(83702) BOISE IDAHO Pgs=5 BONNIE 2014-068082 P.O.Box 70 08/21/2014 01:59 PM MERIDIAN CITY NO FEE Boise,ID 83707 111111111111 IIIIIIII 11111 1111111111111111 11111 00013728201400680820050052 Easement—Organization The City of Meridian and Meridian Rural Fire Protection District with an undivided 26%interest as tenant in common "Grantor(s)",of Ada County,State of Idaho ,do herebygrant and conveyto IDAHO POWER COMPANY,a Corporation,with its principal office located at 1221 W.Idaho Street,Boise,Idaho 83702(P.O.Box 70, Boise,ID 83707),its licensees,successors,and assigns,(collectively,"Grantee"),for One Dollar and other valuable considerations the receipt and sufficiency of which is hereby acknowledged,a permanent and perpetual easement and right of way,at all times sufficient in width for the installation,erection,continued operation,maintenance,repair,alteration,inspection,and/or replacement of the following: g Underground Facilities: Underground electrical power line or lines and related facilities and equipment,generally including,but not limited to,buried power lines and wires,above-ground pad-mounted transformers,junction boxes,cables,conduits,communication lines, including fiber optics,other equipment,and all related appurtenances,any of which may extend above ground,in certain locations to be determined by Grantee at Grantee's sole and absolute discretion(all of the above collectively being referred to as the"Facilities") together with the right to permit the attachment and/or use or placement of the wires,fixtures,cables and conduits of other companies or parties(all of the same being included within the definition of"Facilities"),on,over,through,under,and across the followingp remises belonging to Grantor(s)in Ada County, State of Idaho ,in the location described below. Grantee is hereby also granted the perpetual right of ingress and egress over Grantor's other property necessary for the full and complete use,occupation,and enjoyment of the easement hereby granted,and together with all rights and privileges incident thereto,including,but not limited to,(i)the right,at Grantee's expense,to excavate and refill ditches and trenches for the location of the Facilities,(ii)the right, at Grantee's expense,to cut,trim,and remove trees,brush,bushes,sod,flowers,shrubbery,overhanging branches and other obstructions and improvements which may injure or interfere with Grantee's use,occupation,or enjoyment of this easement,and(iii)the right,at Grantee's expense,to install,construct,operate,inspect,alter,maintain,replace,improve and repair any and all aspects of Grantee's Facilities over,through,under and across the lands subject to this easement. The location of the easement and right of way granted herein is described as follows: In Exhibit'A' Legal Description and shown on Exhibit `B' Survey Map attached hereto and made a part hereof. Grantor shall not alter the grade or elevation of the land within the right-of-way existing on the date hereof through excavations,grading, g installation of berms,or other activities without the prior written approval of Grantee.Grantor shall not place nor build any structure(s) within the easement area except fences and except as otherwise approved by Grantee in writing. This Easement shall run with the land and be binding upon the parties' successors and assigns. (Signature page immediately,follows) CRE 009(5/13) IPC Checked by: Ronald M.Hodge P.L.S. Work Order#: 27388994 Executed and delivered this _ day of Signature s • _ : - : f,- . - . •• • a splicable): — --- ile Corporate Verification STATE OF k k4c&\iO 1 ss. COUNTY OF qacy, I, .._stakco, ,.s©,C-'s (Notary's Name), a notapublic,do hereby_ �7 ' ' ) notary certify that on this b day of uS--\- ,20 \ ,personally appeared before me � keird tqck\I o (Individual's Name Including Title)and _ — _ (Individual's Name Including Title), who,being by me first duly sworn,declared that he/she/they are respectively the duly authorized person(s)of The City of Meridian _(Organization Name), that he/she/they signed the foregoing document,and acknowledged to me that he/she/they executed the same as the free act and deed on behalf of said organization. ,'•••• • (NOTARY SEAL) + ?-' -J-OV--c,,. + ,�•) , 0T A fig► '' t 0 1 I I I I I I 10'Vige_4 I I Alk-g.S1 iloill L'')7----( ______ • . ' • • . Public lli • , • • , ,' • My mmission Expires on a d 0 DoDO •• `‘ kins--+. krr9" °.' ..:1'PE- t-F+••••••IV' CRE 009(5/13) IPC Checked by: Ronald M.Hodge P.L.S. Work Order#: 27388994 Executed and delivered this day of Signatur- )of Gra •r(s) (Include title where applicable): -- -- _L1T4E Ch9EY' r '°1. ✓ - ,a.-t7 1�-�✓� .- Corporate Verification STATE OF 4`. 0 r1 ss. COUNTY OF I, e , Sk CGS -'S (Notary's Name), a notary public,do hereby certify that on this day of Avct v S-3' ,20 14 ,personally appeared before me cvy-74 rYi er, akie-P (Individual's Name Including Title)and - - _ (Individual's Name Including Title), who,being by me first duly sworn,declared that he/she/they are respectively the duly authorized person(s)of Meridian Rural Fire Protection District _ (Organization Name), that he/she/they signed the foregoing document,and acknowledged to me that he/she/they executed the same as the free act and deed on behalf of said organization. (NOTARY SEAL) k i •• o ry Public - - -- • of • My Commission Expires on uctvij Lf DO 0 • •• IJUB-OCi401 .4 CRE 009(5/13) 'PC !lira Inal0 POMO An IDACORP Company EXHIBIT A LEGAL DESCRIPTION A parcel of land lying across a portion of Lot 8 Block 10 of Amended Plat of The Lake At Cherry Lane No. 5 Subdivision filed in Book 75 of Plats at 7700 in the records of Ada County, Y Idaho situated in the NE 1/ of Section 3 Township 3 North, Range 1 West, Boise Meridian, Ada County Idaho affecting the Grantor's property as described in Deed of Gift Instrument #97090507 and Bargain and Sale Deed Instrument#102067377 and being more particularly described as follows: Commencing at SE Corner of Section 3 monumented with a found Brass Cap; thence along the East line of Section 3 North 00° 18' 51"East a distance of 2643.08 feet to the East 1/ Corner of Section 3 monumented with a found Brass Cap; thence North 88° 55' 49"West a distance of 45.00 feet to the West right-of-way of Ten Mile Road and the SE Corner of the Lot 8; thence along the right-of-way of Ten Mile Road North 00° 23' 51"East a distance of 25.08 feet to the POINT OF BEGINNING; Thence North 89° 36' 09"West a distance of 19.00 feet; Thence North 00° 23' 51"East a distance of 18.00 feet; Thence South 89° 36' 09"East a distance of 19.00 feet to the East line of Lot 8 and the West right-of-way of Ten Mile Road; Thence along said West right-of-way, South 00° 23' 51"West a distance of 18.00 feet to the POINT OF BEGINNING. Easement contains 342 sq. ft. more or less,the sidelines of which are to be lengthened or shortened to form a closed figure. 27388994 Meridian Fire Legal Desc. EXHI 3IT 3 (E) 10FT PLATTED PUBLIC UTILITY EASEMENT PARCEL OWNER: THE CITY OF MERIDIAN DEED OF GIFT IN97090507 & MERIDIAN RURAL FIRE PROTECTION DISTRICT 26% INTEREST BARGAIN AND SALE DEED IN102067377 0 LOT 8 BLK 10 THE LAKE AT CHERRY LANE NO. 5 SUB. ce w z w S89°36'09”E ~' EASEMENT AREA: 19.00' —\\I 342 SO/FT S0°23 51 W 18.00' ' N023'51"E l i (E) 1OFT PLATTED PUBLIC 18.00' PO UTILITY EASEMENT N89°36'09'W___/17 LL' 19.00' I Ln 00 J o N � N z N88°55'49"W .2.... 45.00' '•. REF. PLAT- THE LAKE AT CHERRY LANE • NO. 5 SUBDIVISION BK74 PG7684 •• ?o Coo Q� W(0 CO N 1—W Ln BRASS CAP MON. Q POC oo z . •CHERRY LANE 10 11 NOTE: THIS DRAWING IS A VISUAL REFERENCE ONLY. DS.WL SCALE:1 30' DATE: 7/3/2014 THE CITY OF MERIDIAN & MERIDIAN RURAL FI DR.ERB RE PROTECTION DISTRICT IDAHO ADA COUNTY, IDAHO ` POWEE. SV.MAK SHT. 4/4 WO No. 27388994 An!DACORPCompany SEC.3, T.3N., R.1 W., B.M. Meridian City Council Meeting DATE: August 12, 2014 ITEM NUMBER: 4E ( PROJECT NUMBER: ITEM TITLE: APPROVAL AND AWARD OF BID Approval of Award of Re -bid and Agreement to Wetlands Northwest, LLC dba Western Idaho Construction & Landscaping for a Not -To -Exceed Amount of $95,955.00 MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: &MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Memo To: Jaycee L. Holman, City Clerk, From: Keith Wafts, Purchasing Manager CC: Max Jensen, Jamie Leslie, Jacy Jones Date: 8/7/14 Re: August 12 City Council Meeting Agenda Item The Purchasing Department respectfully requests that the following items be placed on the August 12� City Council Consent Agenda. Approval of Award of Re -Bid and Agreement for `Public Safety Training Center - r Construction" — Landscape and Irrigation - Bid Packages 22 to Wetlands Northwest LLC dba Western Idaho Construction & Landscanina for a Nnt-Tn-FXCP.P.d total mmni int of OQF 9F6 nn This award is the result of the Formal Re -Bid issued July 21, 2014 and opened August Four bids were received. Recommended Council Action: Approval of Award of Re -bid and Agreement to Wetlands Northwest, LLC dba Western Idaho Construction & Landscaping for a Not -To -Exceed amount of $95,955.00. Thank you for your consideration. 0 Page 1 August 7, 2014 MEMORANDUM TO: Jacy Jones FROM: Max Jensen RE: Item for August 12, 2014 City Council Please add the following item to the Consent agenda for the August 12, 2014 City Council agenda: Approval of Award of Bid and Agreement for "Public Safety Training Center — Construction" to Wetlands Northwest LLC (Bid Package 22 Landscape and Irrigation) for a Not -To -Exceed Total Amount of $95,955.00 Please find attached two original agreements for review and signatures. Sincerely, Max S. Jensen Capital Projects Manager City Clerk's Office . 33 E. Broadway Avenue Meridian, ID 83642 Phone 208-888-4433 . Fax 208-888-4218 . www.meridiancitv.ora J W W �- O zE U (� z Z Z F -0 D F- a W LL 0 ¢ W N U U J .� O ma =Z a¢ W ma LLJ Em z m a N V N a c J N d rn m Y V m a a 'm a m d w 'O m o r O QJ N O N e» es e» <» o m rn N W Itm m M M O Cl! t> » F» f» o m rN N (O m 6 ui n LQ O N N OD N O 0i m a; O N N O) m N N x x x x x x x x x x x x 0 U � h N � G O U O 'O L � Uc U s c N N J !L > (n Meridian City Council Meeting DATE: Auqust 12, 2014 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: BOYS AND GIRLS CLUB GRATITUDE PRESENTATION Boy's and Girl's Club Gratitude Presentation 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 MEMORANDUM TO: Mayor Tammy de Weerd Members of the Meridian City Council: Mr. David Zaremba Mr. Luke Cavener Ms. Genesis Milam Mr. Joe Borton Mr. Keith Bird Mr. Charlie Rountree FROM: Dave Fisher, General Manager, Republic Services of Idaho. DATE: August 12, 2014 SUBJECT: Annual Rate Adjustment for Solid Waste Collection Services Introduction Annually, solid waste collection rates are adjusted in accordance with Section 21 of our contract with the City of Meridian with an effective date of October 1. This memorandum discusses our annual adjustment for fiscal year 2015. A preliminary version of this memorandum was provided to the Solid Waste Commission. Minor comments were received and incorporated. CPI Adjustment Methodology Our contract requires that our costs be adjusted annually based upon the "net percentage of change in the Consumer Price Index for the Pacific Northwest." (The CPI is no longer published for the Pacific Northwest so we have used the CPI for the Western Region of the United States.) Further, we reduced the calculated change in the CPI by ten percent as stipulated in the contract. ATTACHMENT C. U.S. Bureau of Labor Statistics is provided. The CPI for June one year ago was 236.227 and this year it is 241.616. The net percentage change between the two values is 2.281%. The net percentage is reduced by 10% to yield a CPI adjustment of 2.05%. Current and proposed future residential rates are shown in ATTACHMENT B. All -of the cost categories except disposal were escalated by the allowable CPI amount of 2.05%, and then the 6% franchise fee was calculated to get the total amount. This results in an increase in residential rates of $0.25 per house per month We have completed similar calculations for commercial rates as well. All current and proposed rates are presented in tabular form as an attachment to this memorandum in ATTACHMENT A. Page 1 of 2 The percentage of change by various categories of rates is shown in Table 1. The percentages vary with the different types of systems that we operate because each has a different percentage attributable to disposal. Disposal is considered a pass-through and is not changed by the CPI. Table 1 Percentage of Rate Change by System Residential rates 1.47%-2.07% Commercial cart rates (95 gallon) 1.65%- 2.00% Commercial container rates (2, 3, 6, 8 yds.) 1.27%-2.06% Commercial compactor rates 1.81%- 1.84% Temporary commercial container rates (3, 6, 8 yds.) 1.32%- 2.35% Roll off hauling services (rent and hauling) 0.58%- 2.15% Miscellaneous collection services 1.89%- 2.07% Landfill Fee Changes In 2011 the Ada County Hidden Hollow Landfill began utilizing scales for measurement of incoming waste. Since the implementation of scales, disposal rates remains on a yardage basis and have not changed. In 2014 Ada County formally decided to make no change to the disposal rates charged to Republic Services. This maintains the current waste structure in Ada County and keeps the disposal segment of solid waste fees at the current level. Should Ada County make a change to disposal rates in the future, fees will need to adjust to account for increased landfill rates. New Rates Republic Services proposes to add the following new rates to the rate structure. These rates represent Republic Services' commitment to Meridian City and represents savings to customers. Clean Rock and Clean Sheetrock Waste Streams. This provides rates that are more favorable to the customer by diverting clean rock or clean sheetrock from Ada County Landfill. Material that is not clean will be delivered to Ada County Landfill. These new waste streams and rates are dependent on cleanness of material and diversion from the Ada County Landfill. 2. Industrial Dry Run (6 - 10 yd.). The new rate is to provide a distinction between large and mini industrial dry runs. This distinction provides a more favorable rate to the customer. Page 2 of 2 I 0 3 �xxxx o x�� Nxx mxx $; e:�x�� S �xxXxx mix&x v a c a v o ry N n n ry a e a m ry n n m m n n < a< a a a aof a m $ww r N< N� N N N N N N N N N 1aV N N N vi 6 w a rn m d a ry n"� m N m ry ry N N m N m C m m a m a 6 m Y Y Y eu m � y ------ c Y W X% X Y Y Y Y Y Y Y Y Y e e �no,mm o0 q y w V N IAV N N N N N N N N N N N N N $ q Y ryN F h 1� T m C o f- umi w F o r C K V V U U U U U U. w— " -"e E"e"e EE— 2. v -----EEE ..�� 0 0 0 0 0 0 0 0 0 0 K K K K K K K u U U U E> 000 000 xxxx xXxxxx $; e:�x�� �xxXxx mix&x v a c a v ry N n n ry n n m m n n < a< a a a N� N N N N N N N N N 1aV N N N vi 6 w a rn m d a ry n"� � ry ry ------ NNN��`1N e e �no,mm o0 0 �� N IAV N N N N N N N N N N N N N ryN h 1� T m C o f- umi o m o r C rti �Nmaa 4 m eiom 0 N m E> E 5 5 H 1 M 3 3 3 3 3 3 3 3 3 3 3 5 5 n m m m ry ry n n ry n m m m m m m m m �o m ...e e. .e... vvmvd. 3 5 3 3 3 5 3 9 19 3 19 19 9 19 9 19 19 9 B B 5 5 5 3 9 9 9 U U U U U U U U U U U U U U U U U U U U U U U U U U U e2 w- --2e2"e "E"E2"2E E e2e2EE EE"eR E EE EEEEEEEEEEEE E E EEEEEEEEEE oU E o E o o E E E E E E E EEEEEEEEEE E U UUUUU U UUUUUU U U U U U U U U U U U Table 1 Percentage of Rate Change by System Residential rates Commercial cart rates (95 gallon) Commercial container rates (1/2, 3, 6, 8 yds.) Commercial compactor rates Temporary commercial container rates (3, 6, 8 yds.) Roll off hauling services (rent and hauling) Miscellaneous collection services 1.47%- 2.07% 1.65% - 2.00% 1.27% - 2.06% 1.81%- 1.84% 1.32% - 2.35% 0.58% - 2.15% 1.79% - 2.07% Bureau of Labor Statistics Attachment C: Change In Consumer Price Index June to June Consumer Price Index - All Urban Consumers Original Data Value Series Id: CUUR0400SA0 Not Seasonally Adjusted Area: West urban Item: All items Base Period: 1982-84=100 Years: 2004 to 2014 Year Jun 2004 193.300 2005 198.000 2006 206.400 2007 212.680 2008 223.040 2009 219.865 2010 221.147 2011 228.075 2012 232.701 2013 236.227 2014 241.616 Change in CPI from 2013 to 2014 5.390 Total Percentage Change 2.282% Ninety Percent of Change in CPI 2.050% Source: Bureau of Labor Statistics Generated on: July 18, 2013 (06:14:57 PM) Memo To: Jaycee L. Holman, City Clerk, From: Keith Watts, Purchasing Manager CC: Max Jensen, Jamie Leslie, Jacy Jones Date: 817114 Re: August 12 City Council Meeting Agenda Item The Purchasing Department respectfully requests that the following items be placed on the August 12'h City Council Consent Agenda. Approval of Award of Re -Bid and Agreement for 'Public Safety Training Center - Constnirtinn" — I andsrana and Irrinatinn - Rid Parkanac 99 to 1Nat1ands Nnrthmrast I I r rihn This award is the result of the Formal Re -Bid issued July 21, 2014 and opened August Four bids were received. Recommended Council Action: Approval of Award of Re -bid and Agreement to Wetlands Northwest, LLC dba Western Idaho Construction & Landscaping for a Not -To -Exceed amount of $95,955.00. Thank you for your consideration. 0 Page 1 August 7, 2014 MEMORANDUM TO: Jacy Jones FROM: Max Jensen RE: Item for August 12, 2014 City Council Please add the following item to the Consent agenda for the August 12, 2014 City Council agenda: Approval of Award of Bid and Agreement for "Public Safety Training Center — Construction" to Wetlands Northwest LLC (Bid Package 22 Landscape and Irrigation) for a Not -To -Exceed Total Amount of $95,955.00 Please find attached two original agreements for review and signatures. Sincerely, Max S. Jensen Capital Projects Manager City Clerk's Office . 33 E. Broadway Avenue Meridian, ID 83642 Phone 208-888-4433 . Fax 208-888-4218 . www.meridiancitv.ora w w H z LU U c� _z Z w LL U J ED D M z 0 LU m J w ❑ O 2 w z _O ❑ a F - IL w w U J O IL z 0 w ❑ z d c m 0 N C J N N 13) d m m Y V m a m a m a� V m O N N O W N O N e» u> es F» S LQ Gi O M M O N N O (^O V M a rn ro in n E» e» F» f» O u1 N aD u o rn rn ai o �ri ro N O) N x x x x x x x x x x x x 0 U � N N � c o o � U w o � t c J � � Uc c N d s N C N J LL > (n .AIA Document A132n' — 2009 Standard Form of Agreement Between Owner and Contractor, Construction Manageras Adviser Edition AGREEMENT made as of the 4th day of August in the year 2014 (fit words, indicate day, month and year.) ADDITIONS AND DELETIONS: The author of this document has BETWEEN the Owner: added information needed for its (Name, legal status, address and other infonnation) completion. The author may also have revised the text of the original City of Meridian AIA standard form. An Additions and 33 E. Broadway Deletions Report that notes added Meridian, ID 83642 information as well as revisions to the standard form text is available from the author and should be reviewed. A and the Contractor: vertical line in the left margin of this (Name, legal status, address and other infonnation) document indicates where the author has added necessary information Wetlands Northwest LLC, DBA Western Idaho Construction & Landscaping and where the author has added to or 100 South Star Road deleted from the original AIA text. Suite 112 This document has important legal Star, Idaho 83669 consequences. Consultation with an attorney is encouraged with respect to its completion or modification. for the following Project: (Nance, location and detailed description) This document is intended to be used in conjunction with AIA Documents A232T —2009, General Conditions of Meridian Public Safety Training Center and Meridian Police Dept. Remodel the Contract for Construction, 1401 E. Watertower Construction Manager as Adviser Meridian, Idaho 83642 Edition; 13132^ —2009, Standard Work defined in Bid Package #22 Landscape and Irrigation Form of Agreement Between Owner and Architect, Construction Manager The Construction Manager: as Adviser Edition: and (Name, legal status, address and other infonnation) C132--2009, Standard Form of Agreement Between Owner and The Ewing Company, Inc. Construction Manager as Adviser. 1500 Eldorado, Ste. #4 Boise, ID 83704 AIA Document A232--2009 is adopted In this document by reference. Do not use with other general conditions unless this The Architect: document is modified. (Name, legal status, address and other infonnation) CSHQA 250 S. 5" St. Boise, ID 83702 The Owner and Contractor agree as follows. AIA Document A132-—2009formerly A101TMCMa-1992). Copyrightm1975,1980, 1992 and 2009 by The American Institute of Architects. All rights Inst. reserved. WARNING: This AIA Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, 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 law. This document was produced by AIA software at 10:26:22 on 08/06/2014 under Order No.7671846646_I which expires on 05/05/2015, and is not for resale. User Notes: (1093683503) TABLE OF ARTICLES 1 THE CONTRACT DOCUMENTS 2 THE WORK OF THIS CONTRACT 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION 4 CONTRACTSUM 5 PAYMENTS 6 DISPUTE RESOLUTION 7 TERMINATION OR SUSPENSION 8 MISCELLANEOUS PROVISIONS 9 ENUMERATION OF CONTRACT DOCUMENTS 10 INSURANCE AND BONDS ARTICLE 1 THE CONTRACT DOCUMENTS The Contract Documents consist of this Agreement, Conditions of the Contract (General, Supplementary and other Conditions), Drawings, Specifications, Addenda issued prior to execution of this Agreement, other documents listed in this Agreement and Modifications issued after execution of this Agreement, all of which form the Contract, and are as fully a part of the Contract as if attached to this Agreement or repeated herein. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written or oral. An enumeration of the Contract Documents, other than Modifications, appears in Article 9. ARTICLE 2 THE WORK OF THIS CONTRACT The Contractor shall fully execute the Work described in the Contract Documents, except as specifically indicated in the Contract Documents to be the responsibility of others. ARTICLE 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION § 3.1 The date of commencement of the Work shall be the date of this Agreement unless a different date is stated below or provision is made for the date to be fixed in a notice to proceed issued by the Owner. (Insert the date of conintencentent, if it differsfrom the date of this Agreement or, if applicable, state that the date will be fixed in a notice to proceed.) Date of Commencement will be fixed by 'Notice to Proceed". If, prior to the commencement of the Work, the Owner requires time to file mortgages, mechanics' liens and other security interests, the Owner's time requirement shall be as follows: N/A § 3.2 The Contract Time shall be measured from the date of commencement. § 3.3 The Contractor shall achieve Substantial Completion of the entire Work not later than ( ) days from the date of commencement, or as follows: (Insert number of calendar days. Alternatively, a calendar date may be used when coordinated moth the date of commencement. If appropriate, insert requirements for earlier Substantial Completion of certain portions of the Work.) AIA Document At 32--2009 formerly At 01—CMa— 1992). Copyright 01975,1980, 1992 and 2009 by The American Institute of Architects. All rights Inn}, reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treacles. Unauthorized reproduction or distribution of this AIAe Document, or any portion of It, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under 1 the law. This document was produced by AIA software at 10:26:22 on 08/06/2014 under Order No.7671846646_I which expires on 05105/2015, and is not for resale. User Notes: (1093683503) Portion of the Work Substantial Completion Date All July22, 2015 , subject to adjustments of this Contract Time as provided in the Contract Documents. (Iiuertprovisions, if any, for liquidated damages relating to failure to achieve Substantial Completion on time or for bonus payments for early completion of the Work.) Liquidated Damages are $500.00 per calendar day. ARTICLE 4 CONTRACT SUM § 4.1 The Owner shall pay the Contractor the Contract Sum in current funds for the Contractor's performance of the Contract. The Contract Sum shall be one of the following: (Check the appropriate box) [ X ] Stipulated Sum, in accordance with Section 4.2 below [ ] Cost of the Work plus the Contractor's Fee without a Guaranteed Maximurn Price, in accordance with Section 4.3 below [ ] Cost of the Work plus the Contractor's Fee with a Guaranteed Maximum Price, in accordance with Section 4.4 below (Based on the selection above, complete Section 4.2, 4.3 or 4.4 below. Based on the selection above, also complete either Section 5.1.4, 5.1.5 or 5.1.6 below.) § 4.2 Stipulated Sum § 4.2.1 The Stipulated Sum shall be Ninety Five Thousand Nine -Hundred and Fifty Five Dollars ($ 95,955.00 ), subject to additions and deletions as provided in the Contract Documents. § 4.2.2 The Stipulated Sum is based on the following alternates, if any, which are described in the Contract Documents and are hereby accepted by the Owner: (State the numbers or other identification of accepted alternates. If the bidding orproposal documents permit the Owner to accept other alternates subsequent to the execution of this Agreement, attach a schedule ofsuch other alternates showing the amount for each and the date when that amount expires) § 4.2.3 Unit prices, if any: (Mentifj, and state the unit price, and state the quantity limitations, if any, to which the unit price will be applicable) Item Units and Limitations Price per Unit ($0.00) § 4.2.4 Allowances included in the Stipulated Sum, if any: (Identify allowance and state exclusions, if any, from the allowance price.) Item Allowance § 4.3 Cost of the Work Plus Contractor's Fee without a Guaranteed Maximum Price This section deleted as it does not apply to this Stipulated Sum contract. (Paragraph deleted) (Table deleted) (Paragraphs deleted) AIA Document A132-- 2009 formerly A101—CMa-1992). Copyright ®1975, 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 3 this AIA* 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 10:26:22 on 08/06/2014 under Order No.7671846646_1 which expires on 05/05/2015, and is not for resale. User Notes: (1093683503) § 4.4 Cost of the Work Plus Contractor's Fee with a Guaranteed Maximum Price This section deleted as it does not apply to this Stipulated Sum contract. (Paragraphs deleted) (Table deleted) (Paragraphs deleted) (Table deleted) (Paragraphs deleted) ARTICLE 5 PAYMENTS § 5.1 Progress Payments § 5.1.1 Based upon Applications for Payment submitted to the Construction Manager by the Contractor, and upon certification of the Project Application and Project Certificate for Payment or Application for Payment and Certificate for Payment by the Construction Manager and Architect and issuance by the Architect, the Owner shall make progress payments on account of the Contract Sum to the Contractor as provided below and elsewhere in the Contract Documents. § 5.1.2 The period covered by each Application for Payment shall be one calendar month ending on the last day of the month, or as follows: § 5.1.3 Provided that an Application for Payment is received by the Construction Manager not later than the 25th day of a month, the Owner shall make payment of the certified amount in the Application for Payment to the Contractor not later than the 25th day of the following month. If an Application for Payment is received by the Construction Manager after the application date fixed above, payment shall be made by the Owner not later than Thirty (30 ) days after the Construction Manager receives the Application for Payment. (Federal, state or local laws may require payment within a certain period of time) § 5.1.4 Progress Payments Where the Contract Sum is Based on a Stipulated Sum § 5.1.4.1 Each Application for Payment shall be based on the most recent schedule of values submitted by the Contractor in accordance with the Contract Documents. The schedule of values shall allocate the entire Contact Sum among die various portions of the Work and be prepared in such form and supported by such data to substantiate its accuracy as the Construction Manager and Architect may require. This schedule, unless objected to by the Construction Manager or Architect, shall be used as a basis for reviewing the Contractor's Applications for Payment. § 5.1.4.2 Applications for Payment shall show the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment. § 5.1.4.3 Subject to the provisions of the Contract Documents, the amount of each progress payment shall be computed as follows: .1 Take that portion of the Contract Sum properly allocable to completed Work as determined by multiplying the percentage completion of each portion of the Work by the share of the total Contract Sum allocated to that portion of the Work in the schedule of values, less retainage of Five percent ( 5 %). Pending final determination of cost to the Owner of changes in the Work, amounts not in dispute maybe included as provided in Section 7.3.9 of the General Conditions; .2 Add that portion of the Contract Sum properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the completed construction (or, if approved in advance by the Owner, suitably stored off the site at a location agreed upon in writing), less retainage of Zero percent( 0 %); .3 Subtract the aggregate of previous payments made by the Owner; and .4 Subtract amounts, if any, for which the Construction Manager or Architect has withheld or nullified a Certificate for Payment as provided in Section 9.5 of the General Conditions. § 5.1.4.4 The progress payment amount determined in accordance with Section 5.1.4.3 shall be further modified under the following circurnstances: .1 Add, upon Substantial Completion of the Work, a sum sufficient to increase the total payments to One Hundred percent ( 100 %) of the Contract Sum, less such amounts as the Construction Manager recommends and the Architect determines for incomplete Work and unsettled claims; and AIA Document At 32- — 2009 formerly A101—Claa-1992). Copyright ©1975, 1980, 1992 and 2009 by The American Institute of Architects. All rights Inst. reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of 4 this AIA® 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 document was produced by AIA software at 10:26:22 on 08/06/2014 under Order No.7671846646_1 which expires on 05/05/2015, and Is not for resale. User Notes: (1093683503) .2 Add, if final completion of the Work is thereafter materially delayed through no fault of the Contractor, any additional amounts payable in accordance with Section 9.10.3 of the General Conditions. § 5.1.4.5 Reduction or limitation of retainage, if any, shall be as follows: (If it is intended, prior to Substantial Completion of the entire Work, to reduce or limit the retainage resultingfrom the percentages inserted in Sections 5.1.4.3.1 and 5.1.4.3.2 above, and this is not explained elsewhere in the Contract Documents, insert here provisions for such reduction or limitation.) § 5.1.5 Progress Payments Where the Contract Sum is Based on the Cost of the Work without a Guaranteed Maximum Price This section deleted as it does not apply to this Stipulated Sum contract. (Paragraphs deleted) § 5.1.6 Progress Payments Where the Contract Sum is Based on the Cost of the Work with a Guaranteed Maximum Price This section deleted as it does not apply to this Stipulated Sum contract. (Paragraphs deleted) § 5.2 Final Payment § 5.2.1 Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the Owner to the Contractor when .1 the Contractor has fully performed the Contract except for the Contractor's responsibility to correct Work as provided in Section 12.2 of AIA Document A232-2009, and to satisfy other requirements, if any, which extend beyond final payment; .2 the Contractor has submitted a final accounting for the Cost of the Work, pursuant to Exhibit A, Determination of the Cost of the Work when payment is on the basis of the Cost of the Work, with or without a Guaranteed Maximum payment; and .3 a final Certificate for Payment or Project Certificate for Payment has been issued by the Architect; such final payment shall be made by the Owner not more than 30 days after the issuance of the final Certificate for Payment or Project Certificate for Payment, or as follows: ARTICLE 6 DISPUTE RESOLUTION § 6.1 Initial Decision Maker The Architect will serve as Initial Decision Maker pursuant to Section 15.2 of AIA Document A232-2009, unless the parties appoint below another individual, not a party to this Agreement, to serve as Initial Decision Maker. (If the parties mutually agree, insert the name, address and other contact information of the Initial Decision Maker, if other than the Architect.) § 6.2 Binding Dispute Resolution For any Claim subject to, but not resolved by, mediation pursuant to Section 15.3 of AIA Document A232-2009, the method of binding dispute resolution shall be as follows: (Check the appropriate box. If the Owner and Contractor do not select a method of binding dispute resolution below; or do not subsequently agree ht writing to a binding dispute resolution method other than litigation, Claims will be resolved by litigation in a court of competent jurisdiction) [ ] Arbitration pursuant to Section 15.4 of AIA Document A232-2009. [ X ] Litigation in a court of competent jurisdiction. [ ] Other: (Specify) AIA Document A132-- 2009 formerly A101^^CMa— 1992). Copyright © 1975, 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 this AIA® Document, or any portion of It, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under 1 the law. This document was produced by AIA software at 10:26:22 on 08/06/2014 under Order No.7671846646_1 which expires on 05/05/2015, and Is not for resale. User Notes: (1093683503) ARTICLE 7 TERMINATION OR SUSPENSION § 7.1 Where the Contract Sum is a Stipulated Sum § 7.1.1 The Contract maybe terminated by the Owner or the Contractor as provided in Article 14 of AIA Document A232-2009. § 7.1.2 The Work may be suspended by the Owner as provided in Article 14 of AIA Document A232 2009. § 7.2 Where the Contract Sum is Based on the Cost of the Work with or without a Guaranteed Maximum Price This section deleted as it does not apply to this Stipulated Sum contract. (Paragraphs deleted) ARTICLE 8 MISCELLANEOUS PROVISIONS § 8.1 Where reference is made in this Agreement to a provision of AIA Document A232-2009 or another Contract Document, the reference refers to that provision as amended or supplemented by other provisions of the Contract Documents. § 8.2 Payments due and unpaid under the Contract shall bear interest from the date payment is due at the rate stated below, or in the absence thereof, at the legal rate prevailing from time to time at the place where the Project is located. (Inert rate of interest agreed upon, if any.) Zero % 0 § 8.3 The Owner's representative: (Name, address and other information) Max Jensen Project Manager City of Meridian 33 E. Broadway Ave. Meridian, ID 83642 § 8.4 The Contractor's representative: (Name, address and other information) Gary Howard Wetlands Northwest LLC DBA Western Idaho Construction & Landscaping 100 South Star Road, Suite 112 Star, ID 83669 § 8.5 Neither the Owner's nor the Contractor's representative shall be changed without ten days written notice to the other party. § 8.6 Other provisions: ARTICLE 9 ENUMERATION OF CONTRACT DOCUMENTS § 9.1 The Contract Documents, except for Modifications issued after execution of this Agreement, are enumerated in the sections below. § 9.1.1 The Agreement is this executed AIA Document A132-2009, Standard Form of Agreement Between Owner and Contractor, Construction Manager as Adviser Edition. AIA Document At 32-- 2009 formerly A101^"CMa-1992). Copyright ©1975, 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 this AIA* 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 10:26:22 on 08/06/2014 under Order No.7671846646-1 which expires on 05/05/2015, and Is not for resale. User Notes: (1093683503) § 9.1.2 The General Conditions are, AIA Document A232-2009, General Conditions of the Contract for Construction, Construction Manager as Adviser Edition. § 9.1.3 The Supplementary and other Conditions of the Contract: Document Title Date 00810 Supplementary 5/22/14 Conditions 00500 Contractor Agreement § 9.1.4 The Specifications: (Either list the Specifications here or refer to an exhibit attached to this Agreement.) Section Title Date Division 1 General Requirements 5/22/14 All Sections 50 Two Planting Irrigation 328400 Plants 329300 3 § 9.1.5 The Drawings: (Either list the Dralldngs here or refer to an exhibit attached to this Agreement.) Exhibit D Number Title Date § 9.1.6 The Addenda, if any: Number Date Pages One 6/19/14 50 Two 7/17/14 10 Three 7/30/14 3 Pages Pages Portions of Addenda relating to bidding requirements are not part of the Contract Documents unless the bidding requirements are also enumerated in this Article 9. § 9.1.7 Additional documents, if any, forming part of the Contract Documents are: (Paragraphs deleted) .4 Other documents, if any, listed below: (List here any additional documents which are intended to form part of the Contract Documents. AIA DocumentA232-2009 provides that bidding requirements such as advertisement or invitation to bid, Instructions to Bidders, sample forms and the Contractor's bid are not part of the ContractDocunrents unless enumerated in this Agreement. They should be listed here only tf intended to be part of the Contract Documents.) Contractor's Bid ARTICLE 10 INSURANCE AND BONDS The Contractor shall purchase and maintain insurance and provide bonds as set forth in Article 11 of AIA Document A232-2009. AIA Document A132TM —2009 formerly A101^ CMa— 1992). Copyright ®1975, 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 this AIA! Document, or any portion of It, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under J the law. This document was produced by AIA software at 10:26:22 on 08/06/2014 under Order No.7671846646_1 which expires on 05/05/2015, and is not for resale. User Notes: (1093683503) (State bonding requirements, if any, and limits of liability for insurance required in Article 11 ofALl Document A232-2009.) Type of Insurance or Bond Limit of Liability or Bond Amount ($0.00) Performance and Payment Bond 100% Liability and Workman's Compensation See attached Exhibit I This Agreement is entered into as of the day and year first written above. CO,ORACTOR (Signature) OWNER (Sign&e) e) Tammy de Weerd, Mayor (Printed name and T� (Printed name and title) 1• -qty �. IDIA N*_ � IDghp AP SEAL fq a T �j rhe TRE AS�u AIA Document A132T — 2009 formerly A101—CMa —1992). Copyright © 1975, 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 8 this AIA® 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 document was produced by AIA software at 10:26:22 on 08/06/2014 under Order No.7671846646_1 which expires on 05/05/2015, and is not for resale. User Notes: (1093683503) EXHIBITD LIST OF DRAWING SHEETS MERIDIAN PSTC GENERAL G0.1 TITLE SHEET G0.2 CODE PLAN G0.3 ASSEMBLIES G0.4 ENVELOPE COMPLIANCE & CISCA CIVIL C0.0 GENERAL INFORMATION SHEET C1.0 SITE DEMOLITION PLAN C2.0 EROSION AND SEDIMENT CONTROL PLAN C3.0 HORIZONTAL CONTROL PLAN C4.0 GRADING AND DRAINING PLAN C5.0 SITE UTILITY PLAN C6.0 WATER MAIN PLAN AND PROFILE C7.0 CIVIL DETAILS TOPOGRAPHIC SURVEY BY FOX LAND SURVEYS, INC. -FOR REFERENCE ONLY LANDSCAPE 1-1.0 LANDSCAPE PLAN L2.0 IRRIGATION PLAN L3.0 LANDSCAPE & IRRIGATION DETAILS ARCHITECTURAL A2.1 FLOOR PLAN A2.2 DIMENSION PLAN A2.3 ROOF PLAN A3.1 ENLARGED PLAN A4.1 EXTERIOR ELEVATIONS A4.2 BUILDING SECTIONS A4.3 WALL SECTIONS Page 1 of 8 A4.4 WALL SECTIONS A5.1 MILLWORK ELEVATIONS A6.1 REFLECTED CEILING PLAN A8.1 EXTERIOR DETAILS A8.2 EXTERIOR DETAILS A8.3 EXTERIOR DETAILS A9.1 INTERIOR DETAILS A10.1 DOOR SCHEDULES & WINDOW TYPES A11.1 INTERIOR FINISH PLAN A11.2 INTERIOR FINISHES & ELEVATIONS STRUCTURAL 50.1 GENERAL NOTES 50.2 GENERAL NOTES 51.1 FOUNDATION PLAN 52.1 ROOF FRAMING PLAN 53.1 FOUNDATION DETAILS 53.2 FRAMING DETAILS 53.3 FRAMING DETAILS 53.4 FRAMING DETAILS 53.5 FRAMING DETAILS HVAC M0.1 HVAC COVER SHEET M0.2 ENERGY COMPLIANCE SHEET M2.1 HVAC PLAN M2.2 HVAC ROOF PLAN M4.1 HVAC SCHEDULES M5.1 HVAC DETAILS M8.1 HVAC CONTROLS PLUMBING Page 2 of 8 P0.1 PLUMBING COVER SHEET P2.1 WASTE AND VENT PLAN P2.2 WATER AND GAS PLANS P2.3 PLUMBING ROOF PLAN P3.1 ENLARGED PLUMBING PLANS P4.1 PLUMBING SCHEDULES P5.1 PLUMBING DETAILS ELECTRICAL E0.1 LEGEND AND LIGHT SCHEDULE E1.0 SITE ELECTRICAL PLAN E2.0 POWER PLAN E2.1 MECHANICAL POWER PLAN E3.0 LIGHTING PLAN E4.0 SINGLE LINE AND SCHEDULES E5.0 ELECTRICAL DETAILS E6.0 ENERGY COMPLIANCE FORMS TELECOM T0.1 TELECOM SYMBOLS AND ABBREVIATIONS TO.2 TELECOM CABLING SCHEMATICS AND LABELING T0.3 TIERED CLASSROOM 128 A/V DETAILS T0.4 CLASSROOM 124 AV DETAILS T0.5 CLASSROOM 125 AV DETAILS T0.6 SIMULATION AND MAT ROOM AV DETAILS T1.0 TELECOM SITE PLAN T1.1 TELECOM PLAN T1.2 SECURITY PLAN GENERAL LIST OF DRAWING SHEETS MERIDIAN POLICE DEPT ADDITION/REMODEL Page 3 of 8 G0.1 TITLE SHEET G0.2 CODE DATA & BUILDING ASSEMBLIES G0.3 ENVELOPE COMPLIANCE AND CISCA SURVEY 1 OF 2 TOPOGRAPHIC SURVEY 2 0 F2 TOPOGRAPHIC SURVEY CIVIL C0.0 GENERAL INFORMATION SHEET C1.0 SITE DEMOLITION PLAN C2.0 EROSION AND SEDIMENT CONTROL PLAN C3.0 HORIZONTAL CONTROL PLAN C4.0 GRADING AND DRAINAGE PLAN C5.0 SITE UTILITY PLAN C7.0 CIVIL DETAILS LANDSCAPE 1-1.0 LANDSCAPE PLAN L2.0 IRRIGATION PLAN L3.0 LANDSCAPE AND IRRIGATION PLAN ARCHITECTURAL A1.1 FIRST FLOOR DEMOLITION PLAN A1.2 SECOND FLOOR DEMOLITION PLAN A1.3 FIRST FLOOR REFLECTED CEILING DEMOLITION PLAN A1.4 SECOND FLOOR REFLECTED CEILING DEMOLITION PLAN A2.1 FIRST FLOOR PLAN A2.2 SECOND FLOOR PLAN A2.3 ROOF PLAN A4.1 EXTERIOR ELEVATIONS & SECTIONS Page 4 of 8 A4.2 WALL SECTIONS A5.1 INTERNAL ELEVATIONS A6.1 FIRST FLOOR REFLECTED CEILING PLAN A6.2 SECOND FLOOR REFLECTED CEILING PLAN A8.1 EXTERIOR DETAILS A9.1 INTERIOR DETAILS A10.1 FINISH PLAN A10.2 FINISH/DOOR SCHEDULE STRUCTURAL 50.1 STRUCTURAL NOTES 50.2 STRUCTURAL NOTES 51.1 FOUNDATION PLAN 51.2 SECOND FLOOR PLAN 53.1 FOUNDATION DETAILS 53.2 FRAMING DETAILS 53.3 FRAMING DETAILS 53.4 FRAMING DETAILS PLUMBING/MECHANICAL M0.1 HVAC COVER SHEET M0.2 ENERGY COMPLIANCE M1.1 FIRST FLOOR HVAC DEMOLITION PLAN M1.2 SECOND FLOOR HVAC DEMOLITION PLAN M2.1 FIRST FLOOR HVAC PLAN M2.2 SECOND FLOOR HVAC PLAN M2.3 HVAC ROOF PLAN M4.1 HVAC SCHEDULES M5.1 HVAC DETAILS M8.1 HVAC CONTROLS Page 5 of 8 P0.1 PLUMBING PLAN P2.1 FIRST FLOOR PLUMBING PLAN P2.2 SECOND FLOOR PLUMBING PLAN P2.3 PLUMBING ROOF PLAN P4.1 PLUMBING SCHEDULES AND DETAILS ELECTRICAL E0.1 LEGEND & LIGHTING SCHEDULE E1.0 SITE ELECTRICAL PLAN E1.1 SITE PHOTOMETRIC PLAN E2.0 POWER PLAN E2.1 ROOF POWER PLAN E3.0 LIGHTING PLAN E4.0 SINGLE LINE & SCHEDULES E4.1 PANEL SCHEDULES E5.0 ELECTRICAL DETAILS E6.0 ENERGY COMPLIANCE FORMS COMMUNICATIONS T0.1 TELECOM SYMBOLS AND ABBREVIATIONS T1.0 TELECOM CABLING SCHEMATICS AND LABELING T1.1 FIRST FLOOR TELECOM PLAN T1.2 SECOND FLOOR TELECOM PLAN T1.3 RECOVERY, SERVERS AND SAN CABLING DETAILS T1.4 REVISED CABLING SCHEMATIC T1.5 FIRST FLOOR SECURITY PLAN A9.1 INTERIOR DETAILS A10.1 FINISH PLAN A10.2 FINISH/DOOR SCHEDULE Page 6 of 8 STRUCTURAL S0.1 STRUCTURAL NOTES S0.2 STRUCTURAL NOTES S1.1 FOUNDATION PLAN S1.2 SECOND FLOOR PLAN S3.1 FOUNDATION DETAILS S3.2 FRAMING DETAILS S3.3 FRAMING DETAILS S3.4 FRAMING DETAILS PLUMBING/MECHANICAL M0.1 HVAC COVER SHEET M0.2 ENERGY COMPLIANCE M1.1 FIRST FLOOR HVAC DEMOLITION PLAN M1.2 SECOND FLOOR HVAC DEMOLITION PLAN M2.1 FIRST FLOOR HVAC PLAN M2.2 SECOND FLOOR HVAC PLAN M2.3 HVAC ROOF PLAN M4.1 HVAC SCHEDULES M5.1 HVAC DETAILS M8.1 HVAC CONTROLS P0.1 PLUMBING PLAN P2.1 FIRST FLOOR PLUMBING PLAN P2.2 SECOND FLOOR PLUMBING PLAN P2.3 PLUMBING ROOF PLAN P4.1 PLUMBING SCHEDULES AND DETAILS ELECTRICAL Page 7 of 8 E0.1 LEGEND & LIGHTING SCHEDULE E1.0 SITE ELECTRICAL PLAN E1.1 SITE PHOTOMETRIC PLAN E2.0 POWER PLAN E2.1 ROOF POWER PLAN E3.0 LIGHTING PLAN E4.0 SINGLE LINE & SCHEDULES E4.1 PANEL SCHEDULES ES.0 ELECTRICAL DETAILS E6.0 ENERGY COMPLIANCE FORMS COMMUNICATIONS T0.1 TELECOM SYMBOLS AND ABBREVIATIONS T1.0 TELECOM CABLING SCHEMATICS AND LABELING T1.1 FIRST FLOOR TELECOM PLAN T1.2 SECOND FLOOR TELECOM PLAN T1.3 RECOVERY, SERVERS AND SAN CABLING DETAILS T1.4 REVISED CABLING SCHEMATIC T1.5 FIRST FLOOR SECURITY PLAN END OF EXHIBIT D Page 8 of 8 EXHIBIT I INSURANCE REQUIREMENTS Worker's Compensation a. State: Idaho Statutory b. Applicable Federal Statutory C. Employer's Liability: $100,000 per Accident $500,000 Disease, Policy Limit $100,000 Disease, Each Employee 1. Commercial General Liability (including Premises -Operations, Independent Contractors, Blanket Contractual, Products and Completed Operations, Broad Form Property Damage (including Completed Operations) and coverage for X (explosion),C (collapse), and U(underground) hazards) a. General Aggregate $2,000.000 (limit to Mlly Per Project) b. Products -Completed Operations Aggregate $2.000,000 c. Personal and Advertising Injury $1,000,000 d. Each Occurrence $1,000,000 e. Fire Damage (any one fire, $50.000 f. Medical Expenses (anyone person) $5,000 3. Business Auto Liability a. $1,000,000 combined single limit of liability for bodily injury and property damage each accident covering all owned, non -owned and hired autos 4. Umbrella Liability: $1,000,000 each occurrence and aggregate. Any policy required by this section may be arranged under a single policy for the full limit required, or by a combination of underl iAng policies with the balance provided by an Excess or Umbrella Liability olicv The Owner and the Construction Manager shall be named as an additional insured on the insurance required above and the insurance shall contain the severability of interest clause as follows: "the insurance afforded herein applies separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the company's liability." CONTRACTOR BID FORM CITY OF MERIDIAN PUBLIC SAFETY TRAINING CENTER Bid Due by: 2:00 PM RE -BID Bid Date: August 4, 2014 Bid Package # 22 Bid Package Name: LANDSCAPE AND IRRIGATION Submitted by: (Company Name) Hands Northwest LLC DBA Weste Having carefully examined the Place of the Work and all matters referred to in the,Instructions to Bidders ,and the Contract Documents and all conditions affecting the work including availability of materials and labor, the undersigned. hereby proposes to furnish all labor, materials, supplies, equipment, supervision, insdrah6e and bohdsIn accordance Witt 'the Contract documents, within the time set forth therein, and at the prices stated below. " Bidder hereby agrees to commence work under this contract op or before a date tp.be specified Id urr tta,'n "Notice to Proceed" by the owner and substantially complete the work within the.timesstipulated in the ehblbsed construction schedule. diddmg/General Conditions - Division 1 General Requirements (All Sections) 326400 Planting Irrigation _ 329300 Plants * (As applicable to thisWork) In addition to the work required'in the above sections, this bid item includes but is not limited to the following: • Provide all labor, mategals and-6quipment necessary to furnish and install landscape materials as shown. • Supply topsoil amendments and fine grading. I - • Install irrlgahon,.,systems in'aocordance with p106iand specifications. This package includes irrigation equipment, con trols;'Wmng'and associated'boncrete pads'and accessories. • Fgmish and install PVC sleeves As, required for landscape irrigation • Coordinate with Site Contractor fo66pso,Il�,placement. 0 ' Restore topsoil at locations disturbed bjirrigation system installation. • Properly cover ng andprotecting the work of others from damage or soiling due to their performance of this work and shah include propercleanmg, restoring or replacement of any such work damaged or soiled in the performance of this work. This work does hot include: Topsoil placement. Acknowledgement of Addendum: #1 (6 /19/141#2__(7 /23/141#3 (7 /30/141 #_( / / ) #_( / / ) CONTRACTOR BID FORM Bid Package # 22 Page 1 of 3 Landscape Re -Bid Base Bid Proposal (Including all applicable taxes; Labor & Material Payment Bonds) Base Bid: $ 95955.00 Ninety five thousand nine hundred fifty five dollars and zero cents. Dollars Alternate Proposals: Bidder agrees to perform alternate work as shown on the Drawings and as specified for the following sums, which sums shall be added to or deducted from, the Base Bid as indicated. The Owner reserves the right to accept the Base Bid and/or Alternates in any order or in any manner, which is most advantageous to the owner. Schedule of Alternates - Alternates are described in Section 012300 Please enter a zero (0) amount if the alternate does not affect your scope of work Alternate No. Description !il Amount 1 Parking Lot East of MPD Building Add -Deduct $ 5448.00 2 Building Addition on West side of MPD Building,,- Add-Dedygt,$ 13490.00 3 Display Case Add -Deduct $ 0.00 4 Northwest Parking Lot Add=D'edyct $ 0.00 5 Break Room Remodel Add-Deduc(�$. 0.00 6 Tiered Classroom Fixed Tables Add -Deduct $ 0.00 7 Masonry Fence Add,DedUct$ 0.00 The undersigned understands,that.:fhe Ewing Co. Inc. the Owner, and the Architect reserve the right to accept, reject or negotiate any and/or all bidsand wave any informality in:_the'bidding. Final award is subject to approval by the owner. This proposal shall remain in effect for sixty (6,0) days past the bid date. The undersigned agrees in submitting,this; p,roposal, that itjssued a Letter of Intent or a Formal Agreement that the agreement will be executed. Without alteratibnS within five (5) day&,', aAhd immediately furnish Performance Bond, Labor and Material Payment Bond, Insurance -Policy and,,CeJificate of Insuja)ice. All costs shall be included in the lump sum bid. All bids must'be accompanied by a BidBond+or Bank' Cashiers Check in the amount of 5% of the total bid made payable to the OWn�r: The undersigned acknpwledgeS receipt -and acceptance of the project schedule issued with Instructions to Bidders. Company:yyenanU& NOrtnweSl Ll Business Address: 106.6Outh Star Public Works License No.: 010149( Idaho Registration No.: RCE5544 Printed btrtfrie and Suite 112. Star Construction & Phone Number: 208 375-5373 Fax Number: (Seal if bid is by a corporation) 10/31/2014 1/4/2015 NOTARY «• jDU8L1G �F of .o CONTRACTOR BID FORM Bid Package # 22 Page 2 of 3 Landscape Re -Bid Subcontractor. (If Applicable Company: Business Address: Public Works License No. Expire: Phone Number: Fax Number: CONTRACTOR BID FORM Bid Package # 22 Page 3 of 3 Landscape Re -Bid Meridian City Council Meeting DATE: August 12, 2014 ITEM NUMBER: 6 PROJECT NUMBER: ITEM TITLE: Items Moved From Consent Agenda MEETING NOTES /�.I ovie 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 City Council Meeting DATE: Auqust 12, 2014 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: VARIANCE APPLICATION FEE WAIVER REQUEST Variance Application Fee Waiver Request by Carri and Gary Batten 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 IDIAN�-- / IDAHO Planning Department FEE WAIVER/REFUND ■ Checklist Project name: S k.c cl Applicant/agent G 63 �— 3 y l Applicant Requirement for Waiver ofFee(s) Staff Narrative fully describing the proposed request outlining the degree of such hardship. (The City Council has the authority to waive in whole or in part any application fee when such a fee would resent a hardship, in accord with UDC 11 -5A -7B. Requirement for Refund of Fee(s) Narrative fully describing the proposed request for a refund of fees. (Fees may only be refunded where a petition or application is withdrawn at least three (3) weeks prior to the date ofits scheduled public hearing, and then only after order by the City Council, in accord with UDC 11 -5A -7C.) r Klefor fee kJafver OF A Vanalnce o..PPlrcaF,�, a r -c yr b y S �2c� . l F v� r{ t1 e- 4 c 1C g rel l h -( lti C (\4 l.= C'ru=.r h c v 0-f I p r u N e+ t +f `jO�/� w2 h �rt vt Ae rds �D t, '( +k .c \ V-� S r -c (-rLy VC v\o c -"-c civ, coop✓ -fo�c� e UJ -e- Sgv2 <-1 fa - lAtS duvet ahc aV't +ol� �� IhS Cctor 4kc4-' w av Z l/Z -cc c -t C- +o b@�I t -Few V -Le g cod 0v>, Speln -t g[( m -f kV- wx� tS h'r0 eco -i- +f L'C3 It ��iMll fie— al ✓'C(!��So ]r�t'��'t✓'j `V' V�p..� GW(n-CV-S� Community Development. Planning Division . 33 B. Broadway Avenue, Ste. 102 Meridian, Idaho 83642 Phone: 208-884-5533 Fax: 208-888-6854 www.ingidiancity.org .or (Rev. I/11/11) Meridian City Council Meeting DATE: August 12, 2014 ITEM NUMBER: $A PROJECT NUMBER: ITEM TITLE: PURCHASING Purchasing: Reject Bids - Wastewater Treatment Plant Maintenance Facility Bid Package #b - Structural and Miscellaneous Steel MEETING NOTES t 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 City Council Meeting DATE: Auqust 12, 2014 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: PLANNING DEPARTMENT Planning Department: Transportation Project Update - Discuss Transportation Related Studies, Construction Projects, Plans and Programs Including: Meridian Road Interchange, ACHD's Integrated Five Year Work Plan and Impact Fees MEETING NOTES cc,,o' Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS August 7, 2014 MEMORANDUM TO: Mayor Tammy de Weerd City Council Members CC: City Clerk FROM: Caleb Hood, Planning Division Manager ['* RE: Transportation Update, August 2014 August 12, 2014 City Council Workshop Agenda Item Below is a summary/update on some of the transportation and roadway projects City Staff has been involved with over the past couple of months. This is not an exhaustive list, but rather highlights some of the more important activities that have recently transpired (or are about to) in the transportation realm. Staff will be at the August 12th workshop to discuss some of these projects in more detail, but Staff does not intend on mentioning all of these projects during the meeting. Instead, please feel free to contact staff should you have any comments, concerns, or questions on any of these project updates before, during, or after the workshop. KEYACHD CONSTRUCTION PROJECTS: Ustick/Locust Grove Intersection and Ustick. Locust Grove to Leslie Widening: Project is substantially complete and finished about one month ahead of schedule. ACHD has prepared a City-ACHD cost share permit for this project. During the August 19 th meeting, Staff will request Council approval of the permit. The City has previously committed to pay for the weed barrier/fabric and rock in the 6 -foot wide planter areas on the south side of the project; Parks has money budget in FY14. In the cost share permit, the City is also made responsible for maintaining the interim treatment areas (rocked planter strips) that were installed adjacent to the County -zoned properties on the south side of Ustick. The City is also responsible for ensuring the HOA's on the north side of Ustick maintain the landscaping adjacent to their subdivisions, between the curb and sidewalk. Community Development Department . 33 E. Broadway Avenue, Meridian, ID 83642 Phone208-884-5533 • Fax208-888-6854. www.merldiancity.org Page 2 Chinden and Ten Mile Intersection: Project includes installation of new 3 -leg signal and widening of all three legs for turn lanes. Power relocation and irrigation on west side of Ten Mile, storm drain, and improvement of two irrigation crossings under Ten Mile, are also part of the scope. Project is associated with new Wal-Mart at McMillian and Ten Mile, which is under construction. The Chinden/Linder intersection and the Ten Mile leg are now open and operational. There is still some shoulder work and paint striping that needs to occur and there will be some temporary lane shifts and shoulder closures associated with that work. This project should be fully complete by September. Ten Mile, Cherry to Ustick: Project includes widening roadway to 5 -lanes, adding a pedestrian signal, and a fire station signal. Project cost is estimated at $2.7M. This project will start this month. Ten Mile/Overland Park and Ride Lot: ACHD has designed a park and ride lot near the southeast corner of Ten Mile/Overland. Project cost is estimated at $600,000. Although recent bids came in substantially higher than the engineer's estimate; this project will be re -bid in the near future. McMillan, Locust Grove to Eagle: Project includes widening McMillan to 5 -lanes, adding curb, gutter, sidewalk and bike lanes. Also includes widening Eagle/McMillan intersection to 7 -lanes on all approaches and signal modification. Project cost is $4.8M. This project is on the 90 -day bid list. Pedestrian Projects: • Linder Rd and W. Divide Creek — Installation of a Pedestrian Hybrid Beacon — complete. • Cherry Lane and Todd Way (COMPASS Charter School) - Pedestrian Hybrid Beacon - complete. • Linder Rd - Waltman St to Pintail Dr — Sidewalk installation on west side of Linder under way. • Pine Ave, New Haven PI to Rotan Ave — Sidewalk installation on Pine, near Meridian High is under way (north side is complete and south side is being prepped for pour). • Pine Ave, East 5th to Adkins Ave — This project is in the Initial Draft of the 2015- 2019 IFYWP for construction in 2017. The project would connect the Multi -Use Pathway on the north side of Pine, in the middle of this section, to sidewalk, curb and gutter near E. 5th on the west and Adkins on the east. It would also add bike lanes to the north and south sides of the roadway. During the August 12th workshop, Staff would like to discuss some options with Council on requesting ACHD expand the scope of this project to improve Pine to its ultimate configuration between Main Street and Locust Grove. Page 3 t. KEYACHD DESIGN PROJECTS Franklin, Black Cat to Ten Mile Road: This is a Federal Aid project, programmed for construction in 2016/17 with the Franklin/Black Cat intersection. As part of the scoping of this project, the City requested detached sidewalks, a center median, lighting, and reclaimed water is included with the project. A (landscaped) center median is no longer part of this project. The Final Design (Draft Final) documents are prepared and comments are being taken by ACHD and their consultant, Parametrix. Ustick Corridor: There are several projects in the design and right-of-way phases along Ustick Road. There are plans to design and construct projects at the Ustick/Meridian intersection, and roadway widening projects for the segments between Locust Grove and Meridian and Meridian to Linder. In the Initial Draft of the 2015-2019 IFYWP, these projects are delayed one year from 2017/2018 to 2018/2019. See Initial Draft 2015-2019 ACHD IFYWP below for more information. McMillan, Locust Grove to Eagle: This project will widen McMillan Road to five lanes, with curb, gutter, sidewalk and bike lanes. It is being designed by ACHD and is at 95%. This project is currently planned for construction in FY2015. E. 3`d Street Extension: When ACHD adopted the 2014-2018 Integrated Five Year Work Plan, E. 3` Street, from Carlton to Fairview, was listed as a project in the Economic Development Program. This project was recently split into two phases by ACHD — north (phase 2) and south (phase 1) of Carlton. In the Initial Draft of the 2015-2018 IFYWP, phase 1, between Franklin and Carlton, is scheduled for construction in 2019/PD, with design beginning in 2017. During the August 12th workshop, Staff would like to discuss the priority and partnership levels for both this project and the Pine Avenue, E. 5th to Adkins project listed above. ACHD BUDGET AND INTEGRATED FIVE YEAR WORK PLAN (IFYWP) Initial Draft 2015-2019 ACHD IFYWP: On August 6", ACHD Staff presented the Commission with an initial draft of the 2015-2019 IFYWP. Some of the substantial changes from the currently adopted IFYWP include: Project Adopted 14-18 Cn Yr Initial 15.19_CN Yr Remarks Five Mile, Fairview/Ustick 2015 2016 Delayed for Funding constraints Cloverdale, Franklin/Fairview 2016 2017 Delayed for funding constraints Executive, Parkdale/President 2016 2017 Delayed for funding constraints Cloverdale, Fairview/Ustick 2017 2018 Delayed for funding constraints Linder and Deer Flat 2017 PD Delayed for STP•U funding Ustick and Meridian 2017/2018 2018/2019 Delayed for funding constraints Ustick Linder/Meridian 2017/2018 2018/2019 Delayed for funding constraints Ustick, Meridian/Locust Grove 2017/2018 2018/2019 Delayed for funding constraints Cale and Franklin 20181PD 2019/PD Delayed for funding constraints Cole, 1.84/Franklin 2018/131) 2019/PD Delayed for funding constraints Page 4 Project Adopted 01420182015-201 CnYear Initial IFYWP Remarks Road and Intersection Projects Broadway/Ave 8 and Warm Springs PD 2019 St. Lukes expansion / Boise Request Chinden and Locust Grove NA 2018 ITD project, scope TBD; Major Congestion Chinden and Meridian NA 2018 ITD project, scope TBD; Major Congestion GloVerdale, Felh+iew/Ustick 2017 2018': Deiayet� far #undin constratn�s C,O,v rtiale,Franklin/F,alrview 2016 2017/18-LJalayedfarftindingconsttairr#s Cole and Victory NA PD Cale and FraT+khn 2Q18/PD 2019/PD Delayed for funding constraints G6je,I84/FtAnkIm 2018/PD 2019 PD _Dela dforfutidingconstraints Eagle/ State Intersection NA PD Eagle and State Concept Study Etsecutive, h rkdale/F�residept 2016' . `' 2017:: Del0 edf±sf fimdlr g qm tfaimst EIfFeMile FsrvieW/U3tick 2015 , 2016:- `Dela eliarfuntllrs eonstrairtts Franklin and Liberty PD Removed Does not meet signal warrants Delayed for faderaj funds avAabflfty (STP -W,, 4lnderandDeer Flat Y'': 201Y PD ' ceuest#n advancm2tf18dr2419 State and Veterans Memorial Pkwy PD 2019/PD State/VMP Concept Stud Ten Mile and Amity roundabout PD 2019 tlstfckand lVleridteii ' 2Q17/18 2Q18/19 Delaye -forfundjngearistrafiits Ustick, Linder/Meridian 2017/ 8. 2018/19; D Iayecl for funding constraints; Meridian/ cqjtGrove 2017118 2018/19 .Dela i rl#or #unding constraints Capital Maintenance Projects Bogus Basin Road Improvements NA 2015 New federal aid project Kunz -Mora Reclaim, Pleasant Valley/1-84 PD 2018 Lake Hazel Reclaim, Five Mile/Maple Grove NA 2017 Victory Reclaim, McDermott/Meridian 2016 Removed Lower priority; replaced with Lake Hazel reclaim Community Program Projects Alpine, Orchard/Randall 2018 2017 Central Bench Plan priority Ash Park, Northview/Ustick NA 2018 West Bench Plan priority Arney, Riverside/State PD Removed Scoped NO-GO in 2014; drainage problems Camas;:Orchatd/Roosevelt 2016 2017: Dela. # laclude,road reconstructwork -: Clark, OredtarCi/Aoosavelr. 2017` 2018: , Cole, Kettering/Mountain View 2018 2017 West Bench Plan priority Fairview, East 30/Locust Grove 2018 2015 West Bench Plan priority Floating Feather, Meridian/Ballantyne 2016 2015 Two projects Kootenai, Vista/Federal Way NA PD City, neighborhood request Lake Hazel, Pearl Jensen/Acacia 2018 2017 McMillan, West View/Maple Grove NA 2019 West Bench Plan priority Mountain View, Cole/Ustick 2015 2014-2015 West Bench Plan priority Owyhee. Malad/Overiand 2016 2015 Roosevelt, Rose Hill/Emerald PD 2018 State, Glemvood/Collister 2017 2016 Projects shaded in gray indicate delayed construction. Staff will provide more details on ACHD projects located in Meridian and, as mentioned earlier in this memo, discuss options for the Pine Avenue, E. 5th to Adkins Community Programs project and the E. 3r Street Economic Development project. Comments on �. the initial draft of the IFYWP are due back to ACHD by August 29th. The ACHD Commission is expected to act on the 2015-2019 IFYWP on October 22nd Page 5 ACHD STUDIES Origin -Destination Studv: Downtowns and other mixed-use areas tend to have different trip characteristics than "typical' development/land use patterns. To determine how different the impact is, last fall ACHD hired a consultant to do an origin -destination study in downtown Boise. The goal was to understand if the difference in trip characteristics were different enough to warrant evaluating a lesser (or no) traffic impact fee for these types of areas. Below is a summary of key findings and recommendations from the Origin -Destination Study (taken from the ACHD Staff memo to their Commission for the JUly 9t" Work Session): Key Findings; • Land uses in downtown Boise generally have different travel characteristics than the averages published by ITB and used by ACHD in the Impact Fee Ordinance including: o Higher non -vehicle mode split (i.e. more walking, biking and transit trips). o Lower vehicle trip generation for many, but not all, land uses. a Higher percentage of new trips versus pass -by trips. c Longer average trip lengths. • For certain uses (retail, restaurant, bar) there is a large variation between specific locations, indicating that each business and location is unique; resulting in a greater or less net rate than the ACHD average. • The average net rates for the Deli/Coffee/Lunch and Local Small Retail were found to be significantly higher than the ACHD average. The most promising land use for gathering additional data for further development of statistically valid downtown -specific trip characteristics is the Office land use due to the consistency of the data collected for that category. • While the limited data collected for the Residential Condominium land -use indicated the potential for a lower overall net rate, the variability was still very high between the two sites reviewed and the lack of willingness for sites to participate makes it difficult to determine if additional study is worth pursuing at this time. It may require studying a significant portion of the existing downtown residential developments to provide an understanding of downtown - specific trip characteristics. • Much larger sample sizes are needed to accurately determine the trends and averages for characteristics given the variability. That Is likely because no site has Identical characteristics or tenants. Recommendations from the Study: • Modify the survey questions to convey the difference in trip type. • Validate the survey approach by comparing to suburban locations. • Consider additional study for office land use to validate the generally consistent trends. Would need 5 to 10 more sites to obtain a 90 percent level of confidence. • Consider additional study for residential uses if there are at least 5 additional sites available for participation. 6 Use the individual assessment approach for retail, restaurant and bar uses. Staff Recommendation: While downtown Boise exhibits different trip characteristics than the countywide averages ACHD uses, they tend to offset each other. The number of trips by car may be less, but those trips that are made by car are of a longer distance. The Office land use classification may be a good candidate for additional review as this land use category provided the most consistent results among locations surveyed. However, there are two downtown developments that will conduct individual assessments -- Zion's Bank Building, and the not -yet -constructed Gardner development adjacent to the US Bank Building, Staff recommends no further analysis of this land use classification until such time that Individual Assessments are completed for those projects. Although this effort was publicized and encouraged by GCDC, DBA, ACHD and Boise City, only two residential buildings were willing to participate in the survey. (This is consistent with similar past efforts by the development community when trying to conduct an Individual Assessment.) The two sites surveyed had different demographics and provided widely varying results. Much greater participation is necessary to ensure statistically valid results. Recent community discussions have focused on downtown housing, construction and affordability. ACHD should be included in future survey efforts downtown to ensure that the data gathered can be utilized in an analysis of ACHD impact fees. Based on the findings, staff recommends no further action at this time. ITD PROJECTS Meridian Road Interchange (IC): The IC and 1-84 mainline widening contract for construction was awarded to Concrete Placing Company for $50.8M earlier this year. Construction began in April. The new interchange will reduce congestion, improve safety and make way for a fourth lane on 1-84. The City will be making landscaping improvements. On September 11th, the Meridian Interchange Task Force will be having their quarterly meeting on this project. ITD Staff, Jayme Coonce, is scheduled to attend and give the Task Force an update on the project. The project(s) should be complete in the fall of 2015. SH -55 (Eagle Road): Design work began this year to add an additional northbound and southbound lane to Eagle Road, between River Valley and 1-84. There are actually a few construction projects happening on Eagle Road over the next calendar year. From River Valley to Franklin, The Village developer (CenterCal) is making improvements via a STAR agreement with the State and ACHD. Portions of sidewalk, a designated right - turn lane onto westbound 1-84, and other related improvements will be included. CenterCal will be doing a project in 2015 (anticipated) too, to add an additional southbound lane to Eagle Road. ITD is also doing a project, Key #13473, currently under construction on southbound Eagle Road, from Franklin to 1-84. RAIL WITH TRAIL Crossing Study: In the fall of 2012, the City applied for an $85,000 grant to study the ( Rail with Trail (RWT) pathway crossing of streets (7 crossings; Black Cat to Locust Grove). On February 4th, the City Council approved the contract with PEC to do the Page 7 (' technical analysis of the pathway -street crossings. PEC and City Staff held a project kick-off meeting with stakeholders in July. The goal is to have the study complete later this year. The City also applied for design and construction grant money. Currently, there are $75,000 in FY2015 for design and $500,000 in FY18 and FY19 for construction in the Regional Transportation Improvement Plan (TIP). OTHER Communities in Motion (CIM) 2040: During its July 21St meeting, the COMPASS Board of Directors adopted CIM 2040, the regional long-range transportation plan for Ada and Canyon Counties. The Plan was developed between 2011 and 2014, with significant input from the public, a Planning Team and a Leadership Team. The purpose of CIM 2040 is to outline a fiscally constrained transportation system to meet the needs of the future. While a multitude of tasks, analyses, and data feed into this, it is generally a five-step process: • Develop a financial forecast for the funding of transportation facilities (2012) • Develop a realistic scenario of how the region is likely to grow between now and 2040: the CIM 2040 Vision. (2012) • Analyze future transportation needs based on the CIM 2040 Vision (2013) • Compare needs to the financial forecast. In light of limited funding, the COMPASS Board chose to focus the federal transportation funding allocated through CIM 2040 to maintenance, meaning all new capital projects will be shown as "unfunded" in CIM 2040 (2013) • Prioritize the list of unfunded needs for when/if new funding becomes available (2013) City Staff will look to incorporate CIM 2040 into the City's documents and processes. CIM 2040 can be found here: http://www.compassidaho.org/prodsery/cim2040.htm Schools and Sidewalk Gaps: During the May 22nd Joint Meeting with the ACHD Commission, concerns about safe routes to schools (sidewalk) were brought up. Staffs from both ACHD and the City were directed to look at identifying where the gaps in sidewalk exist. On July 8th, City Staff met with West Ada School District, YMCA and ACHD Staff to discuss what information exists and what a map could/should look like. It was agreed that ACHD Staff would take the lead on creating a layer in GIS of local sidewalk gaps as part of their strategic plan. ACHD will make this map and then share it with the other agencies to discuss next steps. - -- Transit: Valley Regional Transit received one response on the RFP for the Meridian Saturday Service. On August 4th, the VRT Executive Board approved MV Transportation as the service provider and directed staff to enter into a one-year contract with MV (there are two, one-year extension options in the MV response/contract.) MV currently holds the contract to operate the Nampa/Caldwell service. The Meridian Saturday service is expected to begin on August 30th, and will run every Saturday between the hours of 10 am and 6 pm. There will be two buses, one Page 8 { running each direction (clockwise, and counter -clockwise), with each round-trip taking 60 minutes. Below is a map of the bus route. Saturday Bus Service Route Map Franklin Road Raised Curbing — Jacksons: Earlier this year, a representative of Jacksons Food Stores, addressed the Council with concerns about raised_ curbs that were installed in Franklin Road, just west of Linder. The City sent a letter to ACHD asking them to consider modifying the raised curbing. ACHD recently sent a letter back to Jacksons with their analysis and decision (see below.) Page 9 ACHD 810%. (iOriNwV��f�Or� SIA �^I�Cfi July 25, 2014 Mr. John Jackson, President Jacksons Food Stores, Inc. 3450 E. Commercial Court Meridian, ID 63642 Subject; Franklin/Linder Driveway Accesses Dear Mr. Jackson: JOrn S, Franden, President MOO A. Jaurena, Vice preSIdenk Itebem W. Amdd, co"ssioner Sara M. Baker, Commissioner An D. Hansen, Commisslaner Sir thank you for meeting with us to discuss your concerns about the access points serving your store and other collocated businesses at the southwest comer of the Franklin/Linder intersection. As I promised, I did have our staff re-examine all of the items of concerns with a focus on what we could do notjust on current policy and I want to share my thoughts going forward, As you recall, we did explain that the existing right-in/right-out (RIRO) driveway on Franklin, nearest to your store, could not be converted to add a left -In movement, due to the proximity of the intersection. If reconstructed, It would greatly reduce the ability of eastbound left -turning vehicles to stack outside of the eastbound through lanes and as such, decrease safe traffic movements and possibly block your business's entrance. We also suggested that the entire business complex at the southwest comer has what appears to be very good ingress from all directions and could successfully fulfill you and your customer's requirements. As for exiting your business, It was mentioned that vehicles exiting westbound must either turn left at the full access Linder driveway and turn left at the Franklin/Under signal, or they must use the current partially improved full access at the west end of the development (offsite). As such, your requested that ACHD consider converting the current right-in/right-ouMeft-in (RIROLI) drivewayjust east of the Subway business to a full access driveway, at least until growth justifies restricting the access, at an estimated cost of $15,000-$20,000. Atter our meeting I directed the ACHD staff to again retook all options and to perform traffic counts in both the AM and PM peak hours to determine the number of left turns from the site onto westbound Franklin Road, In the 7 to 9 AM time period, 13 vehicles exited via the Linder driveway and then turned left onto westbound Franklin, while 26 vehicles used the partially improved (offalte) driveway west of the site -to -make left-tums onto Franklin. In the 4 to 6 PM time period, 22 vehicles eluted the Linder driveway and turned left onto Franklin, while 37 vehicles used the partially Improved driveway to make the left turn, After these observations, I must confess that my staff did not see any unusual hardship for vehicles to enter or exit the site. Additionally. I did ask the staff to again review current ACHD policies to assure we did not miss any opportunity to support your request with respect to major and minor arterial driveways, Page 10 Combined, I found no overwhelming Justification to waive our policy and convert the RIROLI driveway to a full access driveway, even If the costs were paid for by others, which I did explore. From a traffic management perspective, I believe that the site functions well, with three existing driveways serving the site, and a forth full (gravel) access immediately west that works today and will fully develop soon (we approved a development application for it in late 2013). Of note, Franklin also acts as a bypass to the freeway, so even If current eastbound peak hour traffic does not back up beyond the RIROLI driveway, there are times that it will, based on freeway accidents or detours — this did weigh heavily In my decision. Sir, I know this Is not the answer you wanted to hear and as a customer of yours, I do understand. However as ACHI7's Director, sometimes I have to make unpopular decisions based on all of the pertinent facts and Inputs as we do try to find collaborative compromises for situations where a business is significantly hampered by restricted access. However, for this situation, it appears that access Is adequate, safe, and functional in Its current condition and will Improve with the upcoming development. If however you do believe the staff and I have missed an Item or perspective I am more than willing to listen. Very Respectfully, Meridian City Council Meeting DATE: August 12, 2014 ITEM NUMBER: $C PROJECT NUMBER: ITEM TITLE: COMMUNITY DEVELOPMENT Community Development: Discuss a Proposed Ada County Subdivision, Profile Ridge 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 Vicinity Map 0 0.15 0.3 Miles Print Date: 7/10/2014 E ke Hazel Rd Pennie Ln / \' Dry l; sewn./ ` i �� ,� a,�d t,J i•e1 •� �; r , E Adler Hof Ln ; d 'S�nSi+�V1 Dryl�`� a� SeMrcr to,5e '� Vit" SeWef �ra,N4 v b4s:•. 1��.1 � \ 6b�. N 0 h` r o c i E olu a Rd \ 1 i 1 1 1 1 1 1 1 ` 1 1 1 Meridian City Council Meeting DATE: August 12, 2014 ITEM NUMBER: $D l PROJECT NUMBER: ITEM TITLE: PARKS AND RECREATION DEPARTMENT Parks and Recreation Department: Storey Park Development Update MEETING NOTES 1�vY�2 �jcxA-oV1 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 City Council Meeting DATE: Auqust 12, 2014 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: POLICE DEPARTMENT Police Department: Public Safety Training Center Update MEETING NOTES crkc S1�U\ bexC( Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS )lic Safety Training Center and Existing Building Renovation / Addition CifER,IDIAM,- Public Safety Training Center and Existing Building Renovation / Addition �ifENDIAN*-- Landscaping Re -Bid Update Value engineering ideas to reduce costs noted after original bid opening prompts re -bid discussion Landscaping scope modified and re -bid Re -bid bid opening 08/04/2014 Original Bid (Base and Alternates) $2211485 Re -bid (Base and Alternates) $114,893 Difference ($106,592) C��WEF,IDIAN�- ■ Alternate Values N $408,472 Number 2: $502,738 Addition and Landscaping Number 3: $ 21,045 Display Cases �T=.-T: $- 6-486 Northwest Parking Number 5: $ 17,470 Break Room Remodel Number 6: $ 35,189 Fixed Tables �T=. umbef-7: $ 49,399 Masonry Fence Total $796,799 n 4; p s, wit u :ams•'^ L,o Cqlf'ER IAN�- �J Recommended Award Structure Agreement award structure: Base Value and Alternates 2, 3, 516 Base Value (indirect and direct) $4,808,008 Alternates 2, 3, 5, 6 (indirect and direct) $ 576,442 Total Difference (Budget - Total) $5,384,450 $5,426,613 + $ 42,162 Ci(fEF,IDIAN%-, IDAHO Questions? C%VEFIDIAN - Meridian City Council Meeting DATE: August 12, 2014 ITEM NUMBER: 9A PROJECT NUMBER: ITEM TITLE: ORDINANCE NO. Ordinance No. 14 —� (0 � : An Ordinance (AZ 14-010 Archer Farm Subdivision) For Annexation And Rezone Of A Parcel Of Land Situated In The NW '/4 Of The NW '/4 Of Section 31, Township 4 North, Range 1 East, Boise Meridian, Establishing And Determining The Land Use Zoning Classification Of Said Lands From Rut To R-8 (Medium Density Residential District); 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 2014-065511 BOISE IDAHO Pgs=6 BONNIE 08/13/2014 01:35 PM MERIDIAN CITY NO FEE 111111111111111111111111111 III 111111 111111 111 I III 00010984201400666110060066 CITY OF MERIDIAN ORDINANCE NO. I ti - l ( ( �— BY THE CITY COUNCIL: BIRD, BORTON, CAVENER, MILAM, ROUNTREE, ZAREMBA AN ORDINANCE (AZ 14-010 ARCHER FARM SUBDIVISION) FOR ANNEXATION AND REZONE OF A PARCEL OF LAND SITUATED IN THE NW/40F THE NW/40F SECTION 31, TOWNSHIP 4 NORTH, RANGE 1 EAST, 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 TO 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: Archer Farm Properties, LLC. SECTION 2. That the above-described real property is hereby annexed and re -zoned from RUT to 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. 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. ANNEXATION — ARCHER FARM SUBDIVISION (AZ 14-010) Page 1 of 3 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 R -\j qy S�- , 2014. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this day of N2112 5� , 2014. C C_ C - ` W04kAA�MY de WEERD ANNEXATION — ARCHER FARM SUBDIVISION (AZ 14-010) Page 2 of 3 STATE OF IDAHO, ) ss: County of Ada ) On this 2�day of -� , 2014, before me, the undersigned, a Notary Public in and for said State, personally ap' eared 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. ,0009.. .• CHEL•. (SEAL) : � y:'""14 0� '•,� .CCJbAHO • 40.99900• NOTARY PUBLI� F�� AHZ��. �1� RESIDING AT: MY COMMISSION EXPIRES: min( j ANNEXATION — ARCHER FARM SUBDIVISION (AZ 14-010) Page 3 of 3 EXHIBIT A CM (ENGINEERIN 1 9233 WEST STATE STRUT I 801SE,1083714 1 208.63U939 November2l,2013 Protect No, 13.106 Starkey Property Subdivision Annexation and Rezone legal Description distance of 200,33cap marking the Northwest currier of .4, Section 31, thence fpWwiKg the vmsterty line *f tke NW 1/4 fi, Szid Secli*4r POINTfeet to a found 5/8 -inch rebar being the + distance of 458,71 fee t to a 5/8Aacb rebar roa (ked 'PLS 4 347 Thence leaving said southerly boundary line and following to westerly boundary lines of Solitucit- Place Subdivision No, 3 and Solitude Place Subdivision No, 2, $W01'4VE a distance of 467,80 feet to in aluminum s Subdivision on the easterly rigbt,of-way line of Meridian Road; of 2S,00 feet to the POINTOF BEGINNING, +r t Attached t0 is Exhibit B and trythis reference is made a tart h reoC Archer Farm Subdivision — AZ 14-010 EXHIBIT B E. MCMILLAN ROAD LEGEND CALCULATED TED W You wYY DDUNDARY UNC �. l E }SCCTYION 4y y LINE SOLITUDE tJ x 4660 N, MERIDIAN RD to APP: 50531223395 rl- ,40 g1 0 5f) too plan '00 7'31 w CTt.1 i €iE)E'a SO tTUOF Fk ACF No, 1 Pi A('No 2 EXHIBIT R ANNEXATION AND REZONE STARKEY PROPERTY Archer Farm Subdivision — AZ 14-010 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 situated in the NW 1/4 of the NW 1/4 of Section 31, Township 4 North, Range 1 East, Boise, Ada County, Idaho. This parcel contains 5.20 acres more or less. Also, these parcels are 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 - ARCHER FARM SUBDIVISION (AZ 14-010) Meridian City Council Meeting DATE: August 12, 2014 ITEM NUMBER: 9B PROJECT NUMBER: ITEM TITLE: ORDINANCE NO. Ordinance No. l q—1 w b/ : An Ordinance (AZ 14-001 Ten Mile Center) For Annexation and Rezone of a Parcel of Land Situated in the NW'/4 of Section 14, Township 3 North, Range 1 West, Boise Meridian, Establishing and Determining the Land Use Zoniing Classification of Said Lands from RUT to R-8, TN -R, TN -C and CG 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 2014-065512 BOISE IDAHO Pgs=13 BONNIE 08/13/2014 01:35 PM MERIDIAN CITY NO FEE 111111111111111 III 1111111 00010985201400666120130139 CITY OF MERIDIAN ORDINANCE NO. 1 H — I "d K BY THE CITY COUNCIL: BIRD, BORTON, CAVENER, MILAM, ROUNTREE, ZAREMBA AN ORDINANCE (AZ 14-001 TEN MILE CENTER) FOR ANNEXATION AND REZONE OF A PARCEL OF LAND LOCATED IN THE NW % OF SECTION 14, 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 TO R-8 (MEDIUM DENSITY RESIDENTIAL), TN -R (TRADITIONAL NEIGHBORHOOD CENTER), TN -C (TRADITIONAL NEIGHBORHOOD RESIDENTIAL), AND C -G (GENERAL RETAIL AND SERVICE COMMERCIAL) DISTRICTS 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: Treasure Valley Investments, LLC. SECTION 2. That the above-described real property is hereby annexed and re -zoned from RUT to R-8 (Medium Density Residential District), TN -R (Traditional Neighborhood Residential District), TN -C (Traditional Neighborhood Center District), and C -G (General Retail and Service Commercial 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 — TEN MILE CENTER (AZ 14-001) 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 ofio1v , 2014. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this 1 day of )ySY , 2014. oRp SED AUGUST MAYOR TAMMY de WEERD ATTEST: Goes '-,9 � r vt 0- v c viJ12 f 3 city of IDAHO i JA46 LMAN, ,Eli' <t5� ANNEXATION — TEN MILE CENTER (AZ 14-001) Page 2 of 3 STATE OF IDAHO, ss: County of Ada ) On thiskL day of til .9+ , 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. (SEAL) •••CKEL�•• 140 •• O0 IDAHO ••• ••.noose kA Lt e, k -` —6 NOTARY PUBLI FOR IDAHO RESIDING AT:ITL MY COMMISSION EXPIRES: 9--,52 -/ej ANNEXATION — TEN MILE CENTER (AZ 14-001) Page 3 of 3 EXHIBIT A Legal Description and Exhibit Map for Proposed Annexation f12E) SEDT January 3, 2014 DESCRIPTION FOR PROPOSE, D MERIDIAN ANNEXATION TREASURE VALLEY CENTER 10 SI C A parcel of land located in the NW '/ of Section 14, T. 3 N., R 1 W„ B.M., Ada County, Idaho, more particularly described as follows: BEGINNING at the West % corder of said Section 14, from which the Center'/ confer of said section bears South 89°11'30" East, 2656.46 feet; Thence along the west boundary of the NW % of said Section 14 North 00°34'17" East, 1336.30 feet to a point on the centerline of the Kennedy Lateral; Thence leaving said west boundary, and along said centerline: Thence South 89159'13" East, 24.80 feet; Thence North 66°50'59" East, 203.10 feet to a point of curvature; Thence 92.42 feet along the are of a curve to the right, said curve having a radius of 199.99 feet, a delta angle of 26°28'40", and a long chord bearing North 80°05'41" East, 91.60 feet to a point of tangency; Thence South 86°3937" East, 156.20 feet to a point of curvature; Thence 107.70 feet along the are of a curve to the left, said cuive having a radius of 199.99 feet, a delta angle of 30°5P] 6", and a long chord bearing North 77°54'23" East, 106.40 feet to a point of tangency; 'thence North 62°28'23" East, 91.30 feet to a point of curvature; Thence 68.91 feet along the arc of a curve to the right, said curve having a radius of 69.99 feet, a delta angle of 56'10'12", and a long chord bearing South 89°26'01" East, 65.90 feet to a point of tangency; Thence South 61'20'19" East, 85.70 feet; Thence South 53°10'31" East, 198.60 feet; Thence South 50°57'55" East, 17.82 feet to a point on the north boundary of the S %a of the NW '/ of said Section 14; Thence Ieaving said centerline, and along said north boundary South 89°10'21" East, 1700.41 feet to the NE comer of said S % of the NW '/; Thence leaving said north boundary and along the north boundary of the SW '/ of the NE '/ of said Section 14 South 99'12'11 " East, 1329.35 feet; Thence leaving said north boundary South 00°34'59" West, 1038.04 feet; Thence North 89°11'30" West, 450.00 feet; Thence South 00°35'31" West, 290.40 feet to a point on the south boundary of the SW '/a of the NE % of said Section 14; Thenec along said south boundary North 89111'30" West, 879.81 feet to the SE comer of the NW % (Center % comer) of said Section 14; Ten Mile Center AZ -14-001 EXHIBIT A Thence along the south boundary of said NW % North 89°11'30" West, 2656.46 feet to the POINT OF BEGINNING. Containing 120.69 acres, more or less, This description was prepared from data of record (Record of Survey No. 8353, records of Ada County, Idaho) and does not represent a field survey of the subject property. f CURVE TABLE a „ CURVE LENGTH RADIUS DELTA CHORD 8RG CHORD ,s 14 ` W. FRANKLIN ' RD. — — - — - — ' ` " �- . — ' — ' � ' — Cl 92.42 199.99 2528'40' N 80'0541' E 91.60 C2 107.70 199.99 3751'16' N 7754'23' E 106.40 C3 68.61 69.99 5510'12' S 8526'01' E 65.90 N 62'28'23" E N 66'50'59" E 91-30'S 61'X'19" E 203.10' C3 85.70' C1 C2 S 53'10'31" E S 853937' E 198.60' 5 '10'21" E 1700.41' 'S 89'59'13' E 15620' .+ _89� S 89'12'11" E 1329.35 ` 24.80' S 50'57'55' E _ 17.82' € o� ILd e �\ �2 W s—rPOINT �65646'EGINNING Ten Mile Center AZ -14-001 0 r i1J L.L! _� U om a U W u 5 -C � �0 3C� _1 ?¢ Q o > z LU LIJ ~S Q 0 e LIJ O Q Q- W 0 � E•— M CN �- o M 0 0 _ z � c i � o m z EXHIBIT A November 5, 2013 DESCRIPTION FOR PROPOSE C -G ZONE TREASURE VALLEY CENTER 10 A parcel of land located in the NW l of Section 14, T. 3 N., R I W., D.M., Ada County, Idaho, more particularly described as follows: BEGINNING at the West % corner of said Section 14, from which the Center V4 corner of said section bears South 89°11'30" Dist, 2656.46 feet; Thence along the west boundary of the NW ''A of said Section 14 North 00"34'17" East, 1336.30 feet to a point on the centerline of the ICennedy Lateral; Thence leaving said west boundary, and along said centerline: Thence South 89'59'13" East, 24.80 feet; Thence North 66150'59" East, 203.10 feet to a point of curvature; Thence 92.42 feet along the are of a curve to the right, said curve having a radius of 199.99 feet, a delta angle of 26°28'40", and a long chord bearing North 80°05'41" East, 91.60 feet to a point of tangency; Thence South 86°39'37" East, 156.20 feet to a point of curvature; Thence 107.70 feet along the are of a curve to the left, said curve having a radius of 199.99 feet, a delta angle of 30'51'16", and a long chord bearing North 77°54'23" East, 106.40 feet to a point of tangency; Thence North 62128'23" Bast, 91.30 feet to a point of curvature; Thence 68.91 feet along the are of a curve to the right, said curve having a radius of 69.99 feet, a delta angle of 56°10'12", and a long cliord bearing South 89°26'01" East, 65.90 feet to a point of tangency; Thence South 61'20'19" East, 85.70 feet; Thence South 530 10'31" East, 198.60 feet; Thence South 50°57'55" East, 17.82 feet to a point on the north boundary of the S %2 of the NW '% of said Section 14; Thence leaving said centerline, and along said north boundary South 8901021" East, 1609.44 feet; Thence leaving said north boundary South 00049'39" West, 45.00 feet to a point of curvature; Thence 144.04 foot along (lie are of a curve to the left, said curve having a radius of 300.00 feet, a delta angle of 27°30'31 ", and a long chord bearing South 12°55'37" East, 14-2.66 feet to a point of reverse curvature; Thence 239.89 feet along the are of a curve to the right, said curve having a radius of 500.00 feet, a delta angle of 27°29'22", and a long chord bearing South 12056'l 1 " Fast, 237.60 feet to a point of tangency; Thence South 00°48'30" West, 207.08 feet to a point of curvature; Ten Mile Center AZ -14-001 EXHIBIT A Thence 361.37 feet along the arc of a curve to the right, said curve having a radius of $00.00 feet, a delta angle of 41°24'34", and a long chord'beating South 21 °30'47" West, 353.55 feet to a point of compound curvature; `Chence 57.88 feet along the are of a curve to the right, said curve having a radius of 300.00 feet, a delta angle of 11'03'13", and a long chord bearing South 47°44'41" West, 57.79 feet; Thence leaving said curve South 36°43'42" East, 53.27 feet to a point of curvature; Thence 131.03 feet along the are of a curve to the right, said curve having a radius of 200.00 feet, a delta angle of 37032'12", and a long chord bearing South 17°57'36" East, 128.70 feet to a point of tangency; Thence South 00°48'30" West, 172.47 feet to a point on the south boundary of the NW 'f+ of said Section 14; Thence along said south boundary North 89°11'30" West, 2557.72 feet to the POINT OF BEGINNING. Containing 81,35 acres, more or less. This description was prepared from data of record (Record of Survey No. 8353, records of Ada County, Idaho) and does not represent a field survey of the subject property. oNt'L ND 4�Cb�� 1$ 'i � G•pd 0 11118 1161 3 0F�oQ�w TSN W Ten Mile Center AZ -14-001 EXHIBIT A June 6, 2014 DESCRIPTION FOR PROPOSED R-8 ZONE TREASURE VALLEY CENTER 10 A parcel of land located in the SW % of the NE'/, and the SE Y4 of the NW 1/4 (if Section 14, T. 3 N., R I W., B.M., Ada County, Idaho, more particularly described its follows: BEGINNING at the Center V4 comer of said Section 14, frons which the West ',,'I corner orsaid section boars North 9911 I'30"West, 2656.46 feet; Thence along the south boundary of the SE '14 ofthe NW % of said Section 14 North 89,111'30" West, 98.74 feet; `['hence leaving said south boundary North 00'48'30" East, 172.47 feet to a point (if curvature; Thence 131.03 feet along the are ofa curve to the left, said curve having a radius of 200.00 fect, a delta angle of 37132'12", and a long chord hearing North 1715T36- West, 128.70 feet to a point (if tangency; Thence North 36'43'42" West, 5327 feet.. Thence South 89111 `30" East, 946,13 feet -- Thence North 00134'59" East, 991.76 feet to a point on the north boundary of the SW % of the NE 1/4 of said Section 14; Thence along said north boundary South 89'12'11" East, 555.00 feet to the NE comer of said SW 1/4 of the NE 114; Thence along the cast boundary of said SW '/A of the NE 1/4 South 00'34'59" West, 1038.()4 feet; Thence leaving said east boundary North 89'11'30" Wes(, 450.00 feet; Thence South 00°35'31" West, 290.40 feet to 1 point on the south boundary of die SW '/, of the NE !,4 of said Section 14; Thence along said south boundary North SV t 1'30" West, 879.81 feet to the POINT OF BEGINNING. Containing 20.76 acres, more or lutes. This description was prepared from data of record (Record of Survey No, 8353, records of Ada County, Idaho) and does not represent a field survey of (lie subject property. 130529-R-8-rcv.doex Ten Mile Center AZ -14-001 EXHIBIT A June 4, 2014 DESCRIPTION FOR PROPOSED TN -C ZONE TREASURE VALLFY CFNTKR 10 A parcel of land located in the SE % of the NW 114 and the SW '/4 of the NE %of Section 14, T. 3 N., R I W., B.M., Ada County, Idaho, more particularly described as follows: Commencing at the Center 1,44 comer of said Section 14, from which the Wes( 14 comer of said section bears North 99011'30" West, 2656.46 feet; thence along the south boundary of the SE's, of the NW IA of said Section 14 North 89111 *30" West, 98.74 feet, thence leaving said south boundary North 00048`30" East, 17147 feet to a point of curvature. thence 131,03 feel along the are of it curve to the 14 said curve having a radius of 200.00 fecta delta angle of 37132* 12", and a long chord bearing North 17057'36" West, 128.70 feet to a point of tangency; thence North 36°43'42"'W' t, 53.27 feet to a point on a curve, being the POINT OF BEGINNING; Thence 57.88 feet along the am of a non -tangent curve to the left, said curve having a radius of 300.00 feet, a delta angle of 11'03'1 Y, and a long chord bearing North 47"44°41" East, 57.79 feet to a point of compound curvature; Thence 361.37 feet along the arc of a curve to the left, said curve having a radius of 500.00 feet, a delta angle of 41'24'34", and a long chord bearing North 21 °30'47" East, 353.55 feet to a point oftangency; Thence North 00148'30" East, 207.08 feet to a point of curvature; -flience 239.89 feet along the are of a curve to the left, said curve having a radius of 500M feet, a delta angle of 2712922", and a long chord licAring North 12"56'11" West, 237.60 feet to point of reverse curvature: Thence 144.04 feet along the are of a curve to the right, said curve having a radius of 300,00 feel, a delta angle of 27'30'3 1 ", and a long chord bearing North 12'55'37" West, 142.66 feet to a point oftangency; Thence North 00'4939" East. 45.00 feet to a point oil the north boundary of the SE 1/t of the NW'/, of said Section 14'. 'Thence along said north boundary South 89'10`21" East, 90.97 feet to the NE corner of said SE 1/4 of the NW 1/4; Thence along the north boundary of the SW 114 of the NE 1/4 of said Section 14 South 89112 ` I I East, 414.33 feet, Thence leaving said north boundary South 00048'30r' West, 991.68 feet, Thence North 89111'3(1'' Wc-st, 582.22 feet to the POINTOF BEGINNING. Containing 10.32 acres, more or less. This description was prepared from data of record f Record of Survey No. 8353, records of Ada County, Idaho) and does not represent a field survey of the subject property. 13052R-TX-C.rcv.dacx Ten Mile Center AZ -14-001 10.14 54 11 1.13 1 J urw 4, 2014 DESCRIPTION FOR PROPOSED TN -R ZONE TREASURE VALLEY CENTER 10 A parcel of land located in the SW 114' of the NE '14 of Section 14. T. 3 N., R I W., B.M,, Ada County, Idaho, more particularly described xi followq,. Commencing at the Center V4 corner of said Section 144 fi-om which the West'/ comer of said section bears North 99111'30" West, 2656.46 feet; thcme along the south boundary of the SF !A of the NW 1/4 of said Section 14 North 89'l 1'30" West, 98.74; thence leaving said south boundary North 00'48'30" East, 172.47 feet to a point of curvature; thence 131.03 feet along the arc of a curve to the left, said curve having a radius of 200.00 feet, a delta angle of 3732'12", and a long chord bearing North 17057'12- West, 128.70 feet to a point of tangency; thence North 36*43'42"" West, 53.27 feet; thence South 89011'30" East, 582-22 feet to the POINT OF BEGINNING; Theme North 00'48'30" East, 991.68 feet to a point on the north boundary of the SW 1/1 of the NE i4 of said Section 14; Thence along said north boundary South 89'12' 11 -East, 360.01 teet; Thence leaving said north boundary South 00034'59" West, 991.76 feet; Thence North 59011'30" West, 363.91 feet to the POINT OF BEGINNING. Containing 8.24 acres, more or less, This description was prepared from data of record (Record of Survey No. 8353, records of Ada County, Idaho) and does not represent a field survey sof he subject property. 130528-TN-R.rev.docx Ten Mile Center AZ -14-001 EXHIBIT A ———----——— W --FR li N 62128'23- E r91.30' S V'201V C L4��m 8T!0'*' E - S CLW LEWAH ct 92 4.1 C2 101.70 0 680 C4 144,04 C5 219,89 U 16137 V 578$ C8 11103 .L--..a671O'21*E -- I E09.44' 5 W4939* A Ten Mile Center AZ -14-001 Wma RAM "LTA MOD en 199," 2628'40' N WOS'41' E 199.9! W5 'W N 7754*23" E 6999 W10*12' 5 E926'01' f z 273031' S 1755'37* E 50000 2129'22' PONT (;f BE~C 5woo 41,24,34, N 21*36°47, c 30000 11'0)*13" N 4744*41' E 27* 37'3!'12" N-AZ4;:ALW 172,47 -PON OF SECINNNG C -G 8A% OF KOK PONI OF OEOWNSIG R -B-/ Ten Mile Center AZ -14-001 Wma RAM "LTA MOD en 199," 2628'40' N WOS'41' E 199.9! W5 'W N 7754*23" E 6999 W10*12' 5 E926'01' f 300V 273031' S 1755'37* E 50000 2129'22' N 1756'11- W 5woo 41,24,34, N 21*36°47, c 30000 11'0)*13" N 4744*41' E 2W00 37'3!'12" N-AZ4;:ALW 01m 9110 106,40 (6,90 142,66 23760 353,55 5779 t2a 70 In, ae6 I EXHIBIT J3 CUWE I,� I CPTM1E LENLfX R4019$ DCLU CHORD BRL CHOW 91.60 +�� Ir $ fi JO 9LtI 199.?9 36 j8'W' X BO 05'N' C 91.bP ik CO/ R C? 1pT.T0 194.99 30'5''1 b' H 7751,01' L 106.40 �D k%Fil'�NK1.1N .... — –' — — — — CS EE61 6999 5610'73" s M6,01* f W0 1d C4IM04 303.00 2TSD'31' S 1755'37' E 142.56 W Cn C CS 23489 500c0 2721'$2" N 175&'11'175&'11'v 137.60 W C6 Sb1.37 SC0.00 417/'3+' N 21'30'4' C 35) 55 C7 5798 303.00 11'03'!3" H 4741'11' C 57.79 C0 13193 3COO0 ' 11 17870 ca Qz { y`p571 LA 7U SG �� �4 0 n 6778YS' E G tj� '011 lip z O H 6650'59' F 91 S 61'$0'14' f 0: OF O C[ 2P 1.1P' Cj ,7590 FAQ,]!• { w � � 5803') r 5 99'59'15' L 55057'57• [ IEUJ.4{' 114 0110 Lu 2t.W' V81. S C0/9'34'tl tsW' U Q2rY� ! 1 1 �1 I �i � SOo� ■ yR �Q�G RR {n R' ��e�OP'� r W QQ G' S `t' 8 C) o xi R `' `� x LU o gip /� �I �y2 $j CC 3 PON 1 OF B7"17"i91 1 0 i O Ul i L N 8711 30 x 8.13 11 C g POWE OP 150.00 CL S 00'48'30" K BC601y HG s �NIS '11' T 7551)7. IM47, 98 74' TN -R M.40, N 07{130 W $65666' n PONY a BEONNt,'c B>i515 or EIEIF.o.G C_c PCtNI CK B{Guri(1F0', \ N 4 Ten Mile Ccnter AZ -14-001 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 1/4 of Section 14, Township 3 North, Range 1 West, Boise, Ada County, Idaho. This parcel contains 120.69 acres more or less. Also, these parcels are 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 - TEN MILE CENTER (AZ 14-001) Meridian City Council Meeting DATE: August 12, 2014 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: JOINT MEETING DISCUSSION Joint Meeting with Kuna to Discuss Area of Impact Scheduling MEETING NOTES ()/« Or 0Ila3 3p Y -V) Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILEDTO STAFF SENTTO AGENCY SENTTO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: August 12, 2014 ITEM NUMBER: 11 PROJECT NUMBER: ITEM TITLE: Executive Session Per Idaho State Code 67-2345 (1)(c): (c) To Conduct Deliberations Concerning Labor Negotiations or to Acquire an Interest in Real Property, Which is Not Owned by a Public Agency 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