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Lochsa Falls #10 ParkP12 cog MAYOR Tammy de Weead CrrY COUNCIL MEMBERS Keith Bird Christine Donnell Shaun Wardle Charles M. Rountree VA I t/ CITY OF� 0�4 �YlG�IG�"17 1� IDAHO `? 31NCE 11903 C1TY HALL (208) 888-4433 — Fax 887-4813 PUBLIC WORKS BUILDING DEPARTMENT (208) 887-2211 —Fax 898-9551 LEGAL DEPARTMENT (208) 466-9272 — FAX 466-4405 CERTIFICATE OF ZONING COMPLIANCE* Date: January 28, 2005 "V% o.�X6 Project Name: Lochsa Falls #10 Park Owners: Lochsa Falls Homeowners' Association Site Address: 2200 W. Cayuse Creek Drive (Lot 15, Block 27, Lochsa Falls Subdivision #101 Proposed Use: Park with basketball court, tot lot, swing,, set, picnic shelter and parking lot Zoning: R-4 Comments: Project is subject to all current Meridian City Code (MCC) and all conditions of the previously approved Annexation/Zoning (AZ -02-010), Development Agreement, Lochsa Falls Subdivision Preliminary Plat (PP -02-009), CUP -02-012, and FP -04-004. The issuance of this permit does not release the applicant from any requirements of the previously approved applications/pennits issued for this site. Landscaping_: The landscape plan prepared by Harvest Design, P.C., labeled LS -5, dated 12-06-04, and stamped 1-28-05 "approved" by the Meridian Planning and Zoning Department, is approved with no changes. The landscape plan is not to be altered without prior written approval ofthe Planning and Zoning Department. No field changes to the landscape plan permitted; prior written approval of all material changes is required. Site Plan: The site plan prepared by Harvest Design, P.C., labeled LS -1, dated 12-06-04, and stamped "approved" on 1-28-05 by the Meridian Planning and Zoning Department, is approved with the following change (see Red Line on site plan): 1) MCC requires "standard" 90 -degree parking stalls to be 19 -feet long by 9 -feet wide with a 25 -foot wide drive aisle. The submitted site plan depicts all of the parking stalls to be 18 -feet long, with 4 of the 10 stalls being 8.5 -feet wide. MCC allows compact stalls to be constructed at 15 -feet by 7.5 -feet. The adjacent drive aisle on the site plan is only 23 :feet wide. Pail ing stalls 21ong the west side of the parking lot shall be 19 -feet long and at least 9 -feet wide (standard). Parking stalls along the east side of the parking lot shall be striped to be at least 15 -feet long, and signed "compact". The drive aisle shall be at least 25 -feet wide. See MCC 11-13-4.F & G. Except for this change, the site plan is not to be altered without prior written approval of the Planning and Zoning Department. Irrigation: An underground, pressurized irrigation system must be installed to all landscape areas per 0 • the approved specifications and in accordance with MCC 12-13-8 and MCC 9-1-28. Curbing: Per MCC 12-13-7-9, all landscape areas adjacent to driveways, parking lots, or other vehicle use areas, must be protected by curbing, wheel stops, or other approved protective devices. Curbing may be cut to allow for storm water runoff. Parking The project engineer/architect shall certify that the number and size of handicap -accessible spaces conforms to the Americans with Disabilities Act (ADA). Handicap accessible stalls must have signage in accordance per ADA. The applicant shall be responsible for meeting the requirements of ACHD and ITD as they pertain to this development. Sidewalks: All sidewalks shall be constructed as submitted and in accordance with MCC 12-5-2.K. Sidewalks shall be constructed prior to occupancy. Drainage: Storm water drainage swales shall not have a slope steeper than 3:1, shall be fully vegetated, and shall be designed in compliance with the MCC. Li tin : Lighting shall not cause glare or impact the traveling public or neighboring development. Down -shield all lighting so it does not spill onto adjacent properties. Signage: No signs are approved with this CZC. All signs require a separate sign permit in compliance with the sign ordinance. Trash Enclosure: The site plan does not show any trash enclosure. Instead the applicant is proposing to place one trash can between the parking lot and the basketball court. Through the landscape maintenance company, this receptacle will be emptied at least once a week. Ifthis becomes a problem, the City may require SSC to service this lot at the Homeowners' expense. Any future dumpster(s) must be screened in accordance with MCC 11-12-1.C. Handicap -Accessibility: The structures, site improvements and parking must be in compliance with all federal handicap -accessibility requirements. ACHD Acceptance: All impact fees, if any, shall be paid prior to the issuance of a building permit. If any changes must be made to the site plan to accommodate the ACHD requirements, a new site plan shall be submitted to the City of Meridian Planning and Zoning stafffor approval prior to the issuance of a building permit. Certificate of Occupancy: All required improvements must be complete prior to obtaining a Certificate of Occupancy. A Temporary Certificate of Occupancy may be obtained by providing surety to the City in the form of a Letter of Credit or cash in the amount of 110% of the cost of the remaining improvements. A bid must accompany any request for Temporary Occupancy. Plan Modifications: The approved Site Plan and Landscape Plan, stamped "approved" on 1-28-05 are not to be altered without prior written approval of the Planning and Zoning Department. No significant field changes to the site or landsca plans are p rmitted; prior written approval of all changes is required. , A- raig Hood Associate City Planner *This letter does not indicate compliance with requirements of other departmentstagencies, including, but not limited to, Ada County Highway District, Central District Health Department, affected irrigation district(s), Meridian Sewer, Water, Building or Fire Departments, Sanitary Services Co., etc. This letter shall expire one (1) year from the date of issuance if work has not begun. i • LOCHSA FALLS SUBDIVISION PARK CALCULATIONS # of Parking Stalls: 9 regular, 1 handicap Building Size: 1024 sq. ft.; eve height is 7'6"; top of roof is 13'2" Lot Size: 258,814 sq. ft. or 5.94 acres Landscaping: approximately 236,000 sq. ft. or 5.41 acres Open Space: 258,814 sq. ft. or 5.94 acres Setbacks: N/A Screening: N/A Coverage: N/A PROPOSED PROPERTY USE: The proposed use of Lot 15, Block 27 in Lochsa Falls Subdivision Phase #10 is a 6 -acre neighborhood park that will include a picnic shelter with picnic tables, a basketball court, a play structure and swing set, and numerous park benches. This park also includes an abundance of grass, trees and open space for the families living in Lochsa Falls to enjoy. The park will be regularly maintained by the landscape maintenance company under contract by the Lochsa Falls HOA, and they will remove any trash accumulated on a weekly basis, or more often if needed. 0 CITY OF MERIDIAN • Planning & Zoning Department 660 E. Watertower Ln., Ste. 202, Meridian, ID 83642 (208)884-5533 Phone 1(208)888-6854 Fax _CERTIFICATE OF ZONING COMPLIANCE (CZC) APPLICATION (Section 11-19-1, Zoning and Development Ordinance) PROJECT NAME: L o c,ks o- �&t k S S u, In & l V I S 1 6 Vl �- a1 C re, APPLICANT: Gr 0 L d X yip 1 � 1n C,%1 O r+ tr 1 NC Tc0.6 Tr- d l V\� ADDRESS: 4 �t g � N. �1 c esd�h �P l., HIAA(- L o a, & S e. , ZD 13 i 1 q PHONE: 399— [ g q FAX: 3-16-a041 E-MAIL: OWNER(S) OF RECORD: L 0 Ch S A & LI S MA - ADDRESS: PHONE: 3$ 8- O 18 q FAX: 31 b' a 0 g 1 E-MAIL: +M & R -awe &� t k e. c o r►n ARCHITECT (IF DIFFERENT THAN APPLICANT): L I+CIn i t' _ I d L_ 0.414 CQ D t' I e WWF C bl �'S ADDRESS: 4 ItndtxS4-1'Iot..I ©r'lVf Lif -k,f ( (! I L 99 _ 5-a PHONE: l- 95 FAX: I-511-${,-3g3°IE-MATT. ►hyo 1iteln�i��1ttndus'1heS.C611► ADDRESS, GENERAL LOCATION OF SITE: as 0 o W. &A u S C CEP -el OF-. 1A.4 n a iaAl Z 6 TOWNSHIP, RANGE, AND SECTION: Ste+i 6V1 16 T Lk). DESCRIPTION OF USE: PiChlC, S1ne-litr 6A Commoid Arta- -6r (o - a -c- i h Lock s a tI s Stti b ki y 1 Es'► n n P h.a.s e 10 PRESENT ZONE CLASSIFICATION: lr1/ t VN do hereby affirm that I will agree to pay any additiasever, wae�o>t, fees or charges, if any, associated with the use that Uwe have applied for, whether the use residential, commercial or industrial in nature. Furthermore, I have read the information contained herein and cert 'the information is true and correct. � ,e& E, 4M Ni✓ (Applicant's Signature) Imj 05, (Date) Rei-. ]1-03,-'03 0 • CONTENTS OF CZC APPLICATION (Incomplete applications will not be processed) An application for a Certificate of Zoning Compliance shall be filed with the Planning and Zoning staff by the owner of the property or the applicant of the proposed use. The application shall contain the following information: Completed and signed CZC application form. i The last deed of record for the subject property. Notarized Affidavit of Legal Interest (attached). Four (4) copies of a detailed site plan, drawn to a scale of not less than 1"=50'. Also include Four (4) copies of an 8 '/2" x 11" reduction of the site plan. ubmit a scalable Vicinity Map of the subject property and surrounding properties (a map may obtained from CK�be m the Meridian Planning &Zoning Department). Three (3) copies of the landscape design in compliance with the Landscape Ordinance, drawn to a scale of not less than 1"=50'. Also, include three (3) copies of an 8 1/2" x 11" reduction. See attached landscape submittal requirements. [tree (3) copies of irrigation performance specifications in compliance with the Landscape Winance. (Form attached) ]Vritten approval or a stamped site plan from Sanitary Service Company (SSC) indicating that he designs of the trash enclosure and access drive are acceptable. y' A calculations table that shall list the number of parking stalls, building size, lot size, landscaping, open space, setbacks, fencing, screening and coverage. A written statement from the applicant detailing the proposed use(s) of the property. Please list as many details as possible. JX A fee of $60.00. ACRD Acceptance: Applicant shall be responsible for meeting the requirements of ACRD as they pertain to this application. All impact fees, if any, shall be paid prior to the issuance of a building permit. Many changes must be made to the site plan to accommodate the ACRD requirements, a new site plan shall be submitted to the City of Meridian Planning & Zoning Department for approval prior to the issuance of a building permit. Rci,. 11 03 03 L.J STATE OF IDAHO ) COUNTY OF ADA ) AFFIDAVIT OF LEGAL INAST I, Loans c,- �S 0 pt 4 4 g 1 N. ore -Um PI., �L4e_ 161 (name) (address) being first duly sworn upon �01S e, Zo�h t� oath, depose and say: (city) (state) That I am the record owner of the property described on the attached, and I grant my permission to: 6CA&W�CK tmsath N., (name) (address) to submit the accompanying application pertaining to that property. 2. I agree to indemnify, defend and hold the City of Meridian and it's employees harmless from any claim or liability resulting from any dispute as to the statements contained herein or as to the ownership of the property, which is the subject of the application. Dated this day of J a ",a-" 7200 5 LOC,k4SA �-ALLS %f bA (Signature) JAO+y C -co ldsnn► ►-t, PVrQe,6+ SUBSCRIBED AND SWORN to before me the day and year first above written. Notary Public for Idaho Residing at E c )Lt , 16 G y�r pt1DL1 $O My Commission Expires: I gj 0(o STP OP i9�' Rev. 111'03/03 0 0 IRRIGATION PERFORMANCE SPECIFICATIONS PER ORDINANCE 12-13-8 NOTE. Submit 3 copies of this completed fonn with any application for Certificate of Zoning Compliance (CZQ. Project Name: L -acre- Park Specifications: Available Gallons per Mnute: V Available Water Pressure: S 0 S��,c p S - M Point of Connection (describe and/or submit a sitelan): • P a Connection: .00��a Fal s U Z S US �Lm (Sf4+lu'S Z rr t 91 8 h) • Secondary Connection: VV\f-6ktpy\ C,�tV Wo-kcr Landscape Area: If the irrigation system is hooked to City water as a primary or secondary water source, submit the square footage of landscape areas to be irrigated. 58 1 9 14 s.f. Backflow Prevention A backflow prevention device must be installed as required by City Ordinance 9-3. Coverage The irrigation system must be designed to provide 100% coverage with head to head spacing or triangular spacing as appropriate. Matched Precipitation Rates Sprinkler heads must have matched precipitation rates within each control valve circuit. Irrigation Zones Sprinkler heads irrigating lawn or other high -water -demand areas must be circuited so that they are on a separate zone or zones from those irrigating trees, shrubs, or other reduced - water -demand areas. Overspray Sprinkler heads must be adjusted to reduce overspray onto impervious surfaces such as sidewalks, driveways, and parking areas. 4 Rev. 11/03:03 Additional Irrigation Notes: Irrigation Required All landscape areas regulated by the City Landscape Ordinance (12-13) shall be served with an automatic underground irrigation system. Additional requirements affecting pressurized irrigation systems can be found in City Ordinance 9-1-28. Irrigation Water Source Use of non -potable irrigation water is required when determined to be available by the City Public Works Department as regulated by City Ordinance 9-1-28. If city potable water is used, a separate water meter is recommended so the owner can avoid paying sewer fees for irrigation water. Potable water shall not be used as a primary irrigation water source on non-residential lots with more than 1/2 acre of landscaping. Year round water availability is also required by connecting to city potable water or an on-site well as a secondary source. Certification: L Try,, T-" t ✓\ . do hereby affirm that any irrigation system installed for the project mentioned above will be designed and installed in compliance with the specifications and notes stated in this form. I & ItIgloS Applicant's Signature Date Rev. 1111-03103 C3 O N aZM 4�-) 0 Z m - d 0Ni o g U)W - N a x �y� oQ a� V` d� - 0 'N $ � n avow u3mn N I N ( -10 9m, R883.2 i� lV ■sswwwsswwwww c 1!O N F00 xnp �L 43Lmcmn 1 III, s' Pill� I _s �till a gig IM 91 wss■swwwwww N wwww R883.2 ■sswwwsswwwww c 1!O xnp �L W —OWN ~`$ in W N 2 2 1 III, s' Pill� I _s �till a gig IM 91 wss■swwwwww wwww ■sswwwsswwwww SK'8i IIIs8aRA 059X p��ls��7�Rp 9lwoRMS .. ;iaapp-QSe $3Ai S4pa7paa y111l 7l .pati '8$A -n R� R ��A�F$_ � Y pa YYgggB�:SKRYC gaF apd papasRaQ$i R90� saaaaaCas�uLGic���L56H686i186DS I MLU PAW "No ;ZgT—LLr- 4w omm mia ML IN FALLS PAIK ;;;WT—LLr— 4w mom mAca sm 107 � F 0 Imp ■ R� R��1 � _�'_��; R� _ e o' e S Rf 9 e Min g�! 2 HIM i ;a Et4e ° i A.E f Zg�a�g � �� � ' � • � :� Epi b� s. IP q gag I i� �. ,!� 1 a 14 .v 9 S . e ill g+ Ey 1 1 j o 6 P,MUAPAW 1 i ia��p FlNIi OItDA►/M ji"�• �..p .�.. ACHD � March 8, 2005 TO: Goldsmith Charter, Inc 4487 N Dresden PI. Suite 102 Boise, ID 83714 SUBJECT: MCZC-05-020 Internal Park 2200 Cayuse Creek tight -of -Way & Development Department Planning Review Division In response to your request for comment, the Ada County Highway District (ACRD) staff has reviewed the submitted application and site plan for the item referenced above. It has been determined that the Right -of -Way and Development Services Department does not have any site specific requirements for you at this time due to the fact that the proposed application: ➢ Is for a neighborhood park located in Lochsa Falls Subdivision #10. If the site plan or use should change in the future, ACHD will review the site plan and may require improvements to the transportation system at that time. A traffic impact fee will not be assessed by ACHD. If you have any questions, please feel free to contact me at (208) 387-6171. Sincere, Karen Anderson Planner 1, Planning Division Right -of -Way and Development Services cc: Project File, Construction Services, Drainage, Utilities Meridian City Litchfield Landscape Elements 4 Industrial Drive Litchfield, MI 49252 Sonya Allen March 9, 2005 Page 2 • Curb, gutter, and sidewalks • Parking lot and temporary parking surface Phase 2: (completed by August 2007) • Main Restroom, access pathways • Landscaping Phase 3: (completed by August 2008) • Shelters • Paved Parking • Concession and Maintenance buildings 7. The applicant will provide pressurized irrigation to the entire site. The system will be constructed to the Cities standards. The development will connect to City services. 9. The site plan was prepared in accordance with acceptable engineering, architectural and surveying practices and local standards. Sincerely, Stanley Consultants, Inc. Steve Arnold Project Principal A Stanley Group Company Engineering, Environmental and Construction Services -Worldwide March 9, 2005 Sonya Allen, Planner II 660 E. Watertower, Suite 202 Meridian, ID. 83642 Dear: Sonya Subject: Lochsa Park: Statement of Development Features All proposed streets have been constructed to Ada County Highway District Standards. The curb cuts in Malta Way and Anatole Way have been constructed and approved by ACHD. The roadways were constructed to 36 -foot section with curbs, gutters, and 5 -foot sidewalks on both sides within 50 -feet of right-of-way. 2. The proposed park site is in compliance with the Meridian Comprehensive Plan and Meridian Zoning Ordinance. The plan designates the property as R-4 zoning which allows for park site development. 3. The development is subject to the dimensional standards of the R-4 zone. There are no residential building being proposed for the site, therefore, setback are not applicable. 4. The development complies with the approved preliminary plat and final plat for Lochsa Falls Subdivision and . 5. Parking Requirements: There are 320 -permanent parking spaces being provided with an additional 320 -event parking spaces provided. The event parking spaces will be utilized for hockey and basket ball facilities when soccer when they are not used for overflow parking. A total of 16 -handicap spaces are provided at the north end of the site. Additional parking may be provided within the church site when an agreement has been made between the City and the Church facility. That agreement is in the process of negotiations. 6. Statement of Development Features: The site is proposed to be phased as follows: Phase 1: (completed by August 2005) • Engineering and construction documents • Underground utility construction • Fine grading and seep preparation and field layout • Sprinkler irrigation installation, pond, pump, and pump house • Seeding and establishing the grassy playing surface • Parking lot drainage and sub -base to grade\ 1940 South Bonito Way • Suite 140 • Meridian, ID 83642 • phone 208.288.0573 • fax 208.288,0574 www.stan leyconsultants.com CITY OF MERIDIAN PARKS AND RECREATION DEPARTMENT DEVELOPMENT AND LICENSE AGREEMENT s THIS AGREEMENT made and entered into this ZW day ofA'�Qh^ , 2004- by and between the City of Meridian, an Idaho Municipal Corporation, hereinafter called "City', and the Meridian Police Activities League, a 501(c) (3) Corporation, hereinafter called "MPAL." WHEREAS, "MPAL" is a service organization dedicated to public service for fund raising in support of the youth of Meridian and Western Ada County; and WHEREAS, "MPAL" and the "City' desire to cooperate to improve recreation opportunities for youth and the residents of Meridian and Western Ada County; and WHEREAS, the "City' has available a 30.1 acre parcel within Meridian Lochsa Falls Park, city site number C-2; and WHEREAS, the "City' and "MPAL" agree to designate the 30.1 acre parcel site as a Special Use Park to support youth activities. WHEREAS, the "City" is willing, upon certain terms and conditions, to provide use of the park soccer fields for a period of time defined within this AGREEMENT; and NOW, THEREFORE, the parties hereto agree as follows:. USE For and in consideration of promises contained herein, and other good and valuable consideration, "City" hereby gives and grants to "MPAL" the right, privilege and license to use certain property (the "premises") for Meridian Police Activities League Soccer complex more particularly described in Exhibit A, attached hereto and incorporated herein by reference and attachment. 2. TERM OF AGREEMENT This AGREEMENT shall be for a term of twenty-five (25) years, with an option to renew by "MPAL" for an additional ten (10) year period commencing on the Z(s!day of JQW+�M6 2,904- and can be renewed every ten (10) years thereafter. Notice must be given to the other party in writing to the other party at least one hundred and City of Meridian & Meridian PAL Page 1 of 10 Development and License Agreement Lochsa Falls Park twenty (120) days prior to the commencement of the option period if the renewal is not desired by either party. 3. DEVELOPMENT AND USE OF PREMISES The park property will be constructed for the use of "MPAL" youth within the above-described area, which shall be constructed and maintained in accordance with the following provisions: A. Development of the premises shall be in the following noted phases, which shall be completed within four (4) years of the date hereof provided, and that two additional years may be granted if necessary and so long as good faith efforts to raise funds and make progress toward completion are demonstrated. B. Phase One shall include: All engineering and construction documents 2. All underground utility construction. 3. Fine grading for seed preparation and field layout 4. Sprinkler irrigation installation which includes the irrigation pond, pump, and pump house 5. Seeding and establishing the grassy playing surface 6. Parking lot drainage and sub -base to grade Pathway and sidewalk sub -base to grade 8. Curb, gutter, and sidewalks 9. Parking lot and temporary parking surface installation (gravel, recycled asphalt, or other suitable material) This Phase One must be completed prior to use and is scheduled for final completion in August of 2005. C. Phase Two shall include: Main Restroom, access pathways 2. Landscaping City of Meridian & Meridian PAL Page 2 of 10 Development and license Agreement Lochsa Falls Park This Phase Two is scheduled for final completion in August of 2007. D. Phase Three shall include: 1. Shelters 2. Paved Parking 3. Concession and Maintenance buildings This Phase Three is scheduled for final completion in August of 2008. E. "MPAL" will provide funding for the following items: 1. Engineering and construction documents. 2. Irrigation system from outside the pump building and throughout the park site installed by or under supervision of a professional contractor. 3. Fields graded and leveled for playing fields. 4. Turf, grass mixture to be determined, seeded, cultivated, and fertilized until it is ready to be used as a playing surface. 5. Excavation, drainage, lighting and grading of the parking lot. 6. Paving the parking lot and pathways, having cut-outs and other landscaped features put into place. 7. Landscaping of the parking lot according to city code. 8. Purchase of removable (portable) goals. 9. Painting of the field lines during the soccer seasons and tournament times. F. "MPAL" shall not use or permit the use of the premises for any other purpose without the express written consent of the "City". G. The portion of Lochsa Falls Park to which this agreement applies, is to remain open to public use when not scheduled for organized use by "MPAL" related activities. City of Meridian & Meridian PAL Page 3 of 10 Development and License Agreement Lochsa Falls Park H. "MPAL" will provide a yearly schedule of events to the "City". "City' reserves the right to schedule and reserve site facilities during non- scheduled "MPAL" youth program use times. I. Park rules and regulations and applicable city ordinances will be observed and complied with. J. "MPAL" understands that the premises licensed for use is first and foremost a "City' park and must obtain permission from "City' prior to the start of any earth work, grading or construction being performed. K. "MPAL" agrees to develop the park to "City" park construction specifications, in conjunction with the "City', and all construction will require a building permit prior to the start of construction. L. "MPAL" agrees to maintain records of donations and record volunteer labor hours and provide the "City" copies of such records every six (6) months during the construction period. M. "MPAL" agrees to perform the following site maintenance during their scheduled use of the site: stripe all playing fields; place a minimum of two trash receptacles at each play field, the "City" will provide the necessary trash receptacles and receptacle liners; remove the garbage from all trash receptacles and place in designated trash container at the end of each day that games are scheduled; provide a six yard trash container, and provide portable toilets as necessary. N. "MPAL" shall be permitted to exclusively operate and maintain a food concession on site during their scheduled use. Maintenance and operation of concession operation shall include: maintain the interior of the concession building, obtain all appropriate permits and operate the concession to all City, County and State standards for a good operation; schedule, staff and manage concession operations; remove and properly dispose of litter generated from the concession operation. Revenue generated from the concession is to be placed towards the "MPAL" program and other youth functions. "MPAL" reserves the right to contract a vendor to provide concession services. 0. "MPAL" shall have the right to build and maintain, consistent with the terms of this agreement and the City's approved site Master Plan, a maintenance/restroom facility. "MPAL" shall have the right to have temporary facilities on site to accommodate storage of maintenance equipment until permanent facilities are constructed. All structures must be built to meet city specifications. All temporary facilities will be removed by August of 2008. City of Meridian & Meridian PAL Page 4 of 10 Development and License Agreement Lochsa Falls Park P. "MPAL" shall have sole and exclusive use of the interior of the buildings, with the exception of the restroom facilities, and all personal property stored in such buildings is the property of "MPAL". The "City" maintains the right to schedule and reserve site facilities such as shelters, and restrooms during non-scheduled "MPAL" youth program use times. Q. MPAL" may only charge admission to facilities in the park in the following circumstances: a regional or state tournament hosted by "MPAL" which is affiliated with a national sponsor such as National Police Activities League, or a district sponsor such as Idaho Youth Soccer Association in which the sponsor requires the host to charge admission fees; prior advance written notice has been given to "City' at least 30 days in advance of the date of the tournament; and the proceeds from the admission fees shall be used, to advance the goals and purposes of encouraging youth athletic competition and fitness. In the event that charging admission fees results in litigation or controversy involving the "City', the parties hereto agree to meet and renegotiate the circumstances in which admission fees my be charged. Except as provided herein, no admission charges shall be permitted for regular league play or any other regular activity of "MPAL." 4. CONDITIONS OF USE A. It is understood that during construction that the facility will be secured in a manner that reduces the opportunity for injury to anyone entering the property. B. It is understood and agreed by the parties that "City' has no obligation to pay for construction of the park unless agreed to within the body of this document or in writing and attached to this License Agreement. "City' makes no warranty or promise as to the condition, safety, usefulness or habitability of the premises and "MPAL" accepts the premises "as is". 5. INDEMNIFICATION AND INSURANCE. "MPAL" indemnifies "City' and holds "City" harmless from any loss, liability, claim or action for damages or injury to "MPAL", or personal property, or their employees, agents, guests or business invitee(s) attending or participating in any "MPAL" event, game or practice and arising out of or resulting from the condition of the premises or any lack of maintenance or repair thereon. It is further understood and agreed "MPAL" shall not be considered agents of "City" in any manner or for any purpose whatsoever in their use and occupancy of the premises, and "MPAL" hereby agrees to indemnify and hold "City" harmless from any loss, liability, claim or action City of Meridian & Meridian PAL Page 5 of 10 Development and License Agreement Lochsa Falls Park from damages or injuries to persons or property in any way arising out of or resulting from the use and occupancy of the LICENSED premises by "MPAL", their agents, employees, guests or business invitee(s) attending or participating in any organized "MPAL" event, game or practice. If any claim, suit or action is filed against "City" for any loss or claim described in this paragraph, "MPAL", at "City's" option shall defend "City' and assume all costs, including attorneys fees, associated with the defense or resolution thereof, or indemnify "City' for all such costs and fees incurred by "City" in the defense or resolution thereof, however the "City' shall not be relieved hereby from liability for its own negligence or that of its employees. In addition, "MPAL" shall maintain, and specifically agrees to maintain throughout the term of this AGREEMENT, liability insurance in which "City" shall be named insured in the minimum amount as specified in the Idaho Tort Claims Act set forth in Title 6, Chapter 9 of the Idaho Code. The limits of 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, "MPAL" covenants and aggress to indemnify and save and hold harmless "city" from and for all such losses, claims, actions, or judgments for damages or liability to persons or property occurring as a result of attending or participating in any organized "MPAL" event, game or practice. "MPAL" shall provide "City" with a certification of insurance or other proof of insurance evidencing "MPAL" compliance with the requirements of the paragraph and file such proof of insurance with: City of Meridian 33 East Idaho Street Meridian, Idaho 83642 In the event the insurance minimums of the Idaho Tort claims Act are changed, "MPAL" shall immediately submit Proof of Compliance with the changed limits. The "MPAL" will work with the "City" to provide a detailed Master Plan as approved by the Board of Parks and Recreation Commissioners for which construction will be designed and built. 6. CITY RESPONSIBILITIES A. The "City" will apply for and pay associated fees for all "City" and County permits and applications for construction purposes for improvements to the site. City of Meridian & Meridian PAL Page 6 of 10 Development and License Agreement Lochsa Fails Park B. The "City' will approve all detailed construction specifications of all site improvements to the park. C. The "City' will provide project inspections during construction to assure that all improvements are constructed to the approved specifications. D. The "City"shah perform all site maintenance other than what "MPAL" has agreed to maintain as noted above in item 3 of this AGREEMENT. The "City' will accept maintenance after each phase of constructions is complete and acceptable to the "City' as outlined herein. E. The "City" will pay for all underground utilities, irrigation pump station, and irrigation lake for the park site. F. The "City' shall pay for additional restrooms, playground, tennis courts, basketball courts, and any other amenities the parks department may have desires for. It is understood that "MPAL" and the City are working together to jointly develop the Lochsa Falls facility. There may be situations where the two parties agree to exchange financial responsibility for development items. 7, TERMINATION UPON BREACH OR DEFAULT This AGREEMENT may be terminated by either party upon a breach of this agreement and failure to cure such breach after one hundred and twenty (120) days written notice. In such event, "MPAL" shall be required to remove all personal property and otherwise vacate the premises on or before the expiration of the one hundred and twenty (120) day period. In the event of a holdover by "MPAL" beyond the one hundred and twenty (120) day period, "City', in addition to and without waiver of any other rights or remedies it may have, may immediately re-enter and take possession and expel "MPAL" from the premises, with or without process of law. In the event of re-entry by "City", "MPAL" shall be liable for any damages suffered by "City", its agents or employees, and any costs, including legal expenses and attorneys fees, incurred by `City" in recovering the premises. 8. NON -WAIVER "City's" waiver on one or more occasion of any breach or default of any term, covenant or condition of this AGREEMENT shall not be construed as a waiver of any subsequent breach or default of the same or a different term, covenant or condition, nor shall such waiver operate to prejudice, waive or affect any right or remedy "City" may have under this City of Meridian & Meridian PAL Page 7 of 10 Development and License Agreement Lochsa Falls Park AGREEMENT with respect to such subsequent default or breach by "MPAL" shall be liable to "City" for all damages and costs, including legal expenses and attorney's fees, suffered or incurred by "City" in the enforcement of any of the terms, covenants or conditions of the AGREEMENT. 9. SURRENDER OF PREMISES Upon the expiration or earlier termination or cancellation of this AGREMENT, "MPAL" agrees to quit and surrender the premises to "City" without causing or suffering any waste thereon. "City' hereby agrees that in consideration of "MPAL" performance of the terms and conditions of this AGREEMENT, "MPAL" may peaceably and quietly have and enjoy the said premises for the durations of this AGREEMENT. 10. ASSIGNMENT, SUBLEASE OR TRANSFER "MPAL" shall not assign, sublet or transfer the LICENSED premises, or any portion thereof, or cause or suffer any alterations thereto, other than as specified in this AGREEMENT, without the express written consent of "City". 11. NOTICES A. All notices to be given with respect to this AGREEMENT shall be in writing addressed as follows: TO "MPAL": Commissioner Meridian Police Activities League 250 Baltic Avenue, Suite B Meridian, ID 83642 TO "CITY": City of Meridian Director, Parks and Recreation Dept. 11 West Bower Street Meridian, ID 83642 With a copy to: City Clerk City of Meridian 33 East Idaho Street Meridian, ID 83642 B. Notice shall be either delivered or sent by certified mail, postage prepaid, return receipt requested to the party to be notified at the address specified above, or such other address as. either party may designate in writing. Every notice shall be deemed to have been given City of Meridian & Meridian PAL Page 8 of 10 Development and License Agreement Lochsa Falls Park at the time it is deposited in the United States mail, or upon delivery to the party above specified, or their agent or legal representative. 12. ALTERATIONS "MPAL" shall not make, or permit to be made, alterations on or to the premises without first obtaining "City's" written consent. Additions to, or alterations of, the premises shall become at once a part of the real property and belong to "City". "MPAL" shall keep the premises free from any liens arising out of any work performed for, materials furnished to, or obligations incurred by "MPAL". 13. "MPAL" INSPECTION OF PREMISES "MPAL" acknowledges that "MPAL" has inspected the premises and does hereby accept the premises as being in good and satisfactory order, condition, and repair. "MPAL" agrees that upon termination of this AGREEMENT for any reason, including the expiration of its term, "MPAL" shall surrender the premises to "City" in the same good condition as received, reasonable wear and tear, damages by fire, or act of God exempted. 14. INSPECTION "MPAL" shall permit "City" and "City's" contractors and employees, at any time, to enter the premises for the purposes of inspection for compliance with the terms of this Use AGREEMENT and for the exercise of "City's" rights, the posting of notices, and for all other lawful purposes. 15. APPROVAL BY CITY COUNCIL This AGREEMENT shall not be effective for any purpose whatsoever until it is approved by the resolution of the City Council and executed by the Mayor. By the granting of this License, the City Council is not obligating itself, the City of Meridian, its officers or agents, with regard to any other discretionary action relating to development or operation of said premises. Such discretionary actions include, but are not limited to, the granting or rezoning, variances, use permits, environmental clearances, or any other governmental agency approval that is required by law. 16. BINDING EFFECT This AGREEMENT and the terms and conditions hereof shall apply to and are binding upon the respective organizations, legal representative, successors and assigns of the parties. City of Meridian & Meridian PAL Page 9 of 10 Development and License Agreement Lochsa Falls Park 17. PRIOR AGREEMENTS SUPERCEDED This AGREEMENT contains the entire agreement between the parties as it pertains to the premises. IN WITNESS WHEREOF, the parties hereto have subscribed their names the day and year first above written. CITY OF MERIDIAN: MERIDIAN POLICE l �ACTIVITIES LEAGUE: �( By: ammy eerd,N �K* ''Ai,Commissioner, Executive Board Approved by City Count{} Attest: SEAL = B r1St. William G. Berg, —1 ID ,,o` President, Soccer Board By: Secretary, Executive Board APPROVED AS TO FORM AND CONTENT: e City of Meridian & Meridian PAL Development and License Agreement Lochsa Falls Park By: ILS L10 � J President, Parks & Recreation Commission i Page 10 of 10 CZC Landscape Plan Submittal Requirements Plan Size & Scale: The landscape plan must have a scale no smaller than 1 "=50' (1"=20' is preferred) and be on a standard drawing sheet, not to exceed 36"x48" (24"x36" is preferred). A plan which cannot be drawn in its entirety on a single sheet must be drawn with appropriate match lines on two or more sheets. Number of Copies: 3 Landscape Plan Preparation: Preparing a landscape plan requires special skills. Landscaping involves more than a simple arrangement of plants with irrigation; plants are not haphazardly placed in a way that fills up leftover space. Landscape plans should be artfully and technically organized in a way that conveys coherence, design, and organization. The landscaping should enhance the physical environment as well as the project's aesthetic character. Also, requiring plans prepared by a landscape professional minimizes the likelihood of trees dying or interfering with other adjacent site features. Therefore, all landscape plans shall be prepared by a landscape designer, or qualified nurseryman. Item Comments No. Description 1. Date, scale, north arrow, and title of the project. 2 Names, addresses and telephone numbers of the developer and the person/firm preparing the lan. 3. Existing boundaries, property lines, and dimensions of the lot. 4. Relationship to adjacent properties, streets, and private lanes. 5. Easements and right-of-way lines on or adjacent to the lot. 6. Existing/proposed zoning of the lot, and the zoning and land use of all adjacent properties. 7. Existing natural features such as canals, creeks, drains, ponds, wetlands, floodplains, high groundwater areas, and rock outcroppings. Location, size, and species of all existing trees on site with hunks 4 inches or greater in 8. diameter, measured 6 inches above the ground. Indicate whether the tree will be retained or removed. 9 A statement of how existing healthy trees proposed to be retained will be protected from damage during construction. Existing buildings, structures, planting areas, light poles, power poles, walls, fences, berms, 10. parking and loading areas, vehicular drives, hash areas, sidewalks, pathways, stormwater detention areas, signs, street furniture, and other man-made elements. 11. Existing and proposed contours for all areas steeper than 20% slope. Berms shall be shown with one -foot contours. 12. Sight Triangles as defined in Section 6 of this ordinance. 13. Location and labels for all proposed plants, including trees, shrubs, and groundcovers. Scale shown for plant materials shall reflect approximate mature size. 14. A Plant List that shows the plant symbol, quantity, botanical name, common name, minimum planting size and container, and comments fors acing, staking, and installation as appropriate). 15. Planting and installation details as necessary to ensure conformance with all required standards. 16. Design drawings of all required structures for screening purposes. 17 Calculations of project components to demonstrate compliance with the requirements of this ordinance, including: a. Number of street trees and lineal feet of street frontage b. Width of street buffers C. Width of parking lot perimeter landscape strip d. Buffer width between different land uses Number of parking stalls and percent of parking area with internal e. landscaping f Total number of trees and Tree species mix g. Mitigation for removal of existing trees Rev. 11103103 CERTIFICATE OF ZONING COMPLIANCE & PLAN REVIEW CHECKLIST Project: Locbsa Park Review Date: 3/8/05 Contact: Stanley Consultants. Steve Arnold Zone: R-4 Site Review/Conforming Elements Comments Complete _ * Project must coniply with all approvedpermits, plats or Development Agreements associated with the lot or parcel. L. Completed & signed application form N/C Attached 2. Warranty deed The property is owned by the City N/A 3. Affidavit of Legal Interest (notarized) The property is owned by the City N/A 4. Site Plan — scale not less than 1"=50' 4 copies + 4 8 %z"x11" reductions N/C Attached 5. Vicinity Ma scalable N/C Attached 6. Landscape Plan — scale not less than 1"=50' (3) copies + 3 8 %"x11" reductions N/C Attached 7. Irrigation Performance Specifications 3) copies in compliance w/ Landscape Ord. N/C Attached 8. Sanitary Service approval for trash enclosure & access drive Trash enclosures are provided per Meridian City Code. 9. Calculations table listing # of parking stalls, building size, lot size, landscaping, open space, setbacks, fencing, screening & coverage See Attached. Provided 10. Statement of proposed use of property The site will be utilized as a City Park 11. Zoning District (permitted use, CUP, AUP, variance, etc.)Check D/A, FF/CL R-4 12. Landscaping' Provided per Meridian City Code See Landscape plan Must be in compliance with the Landscape Ordinance In Coompliance Attached 13. Off -Street Parkin 768 -Total 320- ermanent, 320 -Temporary Provided a) # of Stalls dimensions, etc 9'X 20' b) Handicap Stalls (van accessible - 8' aisles - 8', signage) 16 Provided c) Aisles (width - 25' new, 20' min. existing, location 25' Minimums met 14. Trash Areas (MCC 11-12-1 C) Will be constructed per Meridian City Code and Parks De artment requirements. See Site Plan a) Location At the north ends of the parking lots See Site Plan b 3 -Side Screening Provided See Site Plan 15. Underground Irrigations Provided to City Standards. Drawings attached. 16. Sidewalks/Paths Sidewalks and pathways provided per City requirements and previous approvals. See Site Plan 17. Lot Requirements N/A N/A a) Lot Area (note restrictions on use of undeveloped portion of lot N/C N/A b) Sheet Frontage N/A 2,650 -feet c Setbacks N/A N/A d Coverage N/A N/A 18. Fencing No Fencing required Provided 19. Fee of $60.00 Requesting a waiver of the fees Not provided ACRD approval letter required for curb cuts, road widening, for all new projects. Trees nmst not be planted in City water or sewer easements. Pressurized irrigation can be waived by City Council only if no water rights exist to subjectproperty or developer deeds land to Cityfor a well. City will permit one hook-up to municipal water for irrigation persite. Rev. 11/03/03 IRRIGATION PERFORMANCE SPECIFICATIONS PER ORDINANCE 12-13-8 NOTE: submit 3 copies of this completed form with any application for Certificate of Zoning Compliance (CZQ. Project Name: Lochsa Park Specifications: Available Gallons per Minute: 500 gpm Available Water Pressure: 100 psi Point of Connection (describe and/or submit a site plan): • Primary Connection: Pressure irrigation source designed to the City standards Settlers Irrigation District provides the irrigation water • Secondary Connection: City of Meridian domestic water Landscape Area: If the irrigation system is hooked to City water as a primary or secondary water source, submit the square footage of landscape areas to be irrigated. 958.000 s.f. Backflow Prevention A backflow prevention device must be installed as required by City Ordinance 9-3. Coverage The irrigation system must be designed to provide 100% coverage with head to head spacing or triangular spacing as appropriate. Matched Precipitation Rates Sprinkler heads must have matched precipitation rates within each control valve circuit. Irrigation Zones Sprinkler heads irrigating lawn or other high -water -demand areas must be circuited so that they are on a separate zone or zones from those irrigating trees, shrubs, or other reduced - water -demand areas. Oversprav Sprinkler heads must be adjusted to reduce overspray onto impervious surfaces such as sidewalks, driveways, and parking areas. Rer. 11103103 Additional Irrigation Notes: Irrigation Required All landscape areas regulated by the City Landscape Ordinance (12-13) shall be served with an automatic underground irrigation system. Additional requirements affecting pressurized irrigation systems can be found in City Ordinance 9-1-28. Irrigation Water Source Use of non -potable irrigation water is required when determined to be available by the City Public Works Department as regulated by City Ordinance 9-1-28. If city potable water is used, a separate water meter is recommended so the owner can avoid paying sewer fees for irrigation water. Potable water shall not be used as a primary irrigation water source on non-residential lots with more than %2 acre of landscaping. Year round water availability is also required by connecting to city potable water or an on-site well as a secondary source. Certification: I, Steve Arnold do hereby affirm that any irrigation system installed for the project mentioned above will be designed and installed in compliance with the specifications and notes stated in this form. p Applicant's Signature Date 4 Rev. 11103103