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2012-07-17
~~i1~1 E IDIAN~-- IDAHO CITY COUNCIL REGULAR MEETING AGENDA Tuesday, July 17, 2012 at 7:00 PM 1. Roll-Call Attendance X David Zaremba X Brad Hoaglun X Charlie Rountree X Keith Bird X Mayor Tammy de Weerd 2. Pledge of Allegiance 3. Community Invocation by Gordon Slyter with Treasure Valley Worship Center 4. Adoption of the Agenda Adopted 5. Consent Agenda Approved A. Approval of Award of Bid and Agreement for Independent Contractor Services for "WWTP Reclaimed Water Onsite Irrigation" to American General Contractors, INC. for aNot-To- Exceed amount of $103,943.00. B. Non-Disclosure Agreement with A-T Solutions C. Temporary Construction Easement Agreement with Lynx Investments, LP D. Water Main Easement Agreement with MGT Legacy Church E. Water Easement for Meridian High School Tennis Courts F. Findings of Fact, Conclusions of Law for Approval: MDA 12- 003 Hollybrook by Kevin Howell Construction Located at West Side of N. Arrowwood Way; North of E. Ustick Road Request: Amend the Recorded Development Agreement (Instrument #105195857) for the Purpose of Modifying the Concept Plan and Building Elevations Approved with the Hollybrook Subdivision 6. Items Moved From Consent Agenda None Meridian City Council Meeting Agenda-Tuesday, July 17, 2012 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 886-4433 at least 48 hours prior to the public meeting. 7. Department Reports A. Clerk's Office: Approval of New BeerlWinelLiquor License application for Big AI's III Inc. dba Big AI's located at 1900 N. Eagle Rd. Item Moved to Consent Item 5G 8. Action Items A. FP 12-011 Solitude Place Subdivision No. 3 by M2 Land, LLC Located Southeast Corner of N. Meridian Road and E. McMillan Road Request: Final Plat Consisting of 63 Building Lots and 7 CommonlOther Lots on 17.9 Acres of Land in an R-8 Zoning District Approved B. Public Hearing: PP 12-007 Reserve West by ERD, LLC Located West of N. Locust Grove Road and East of N. Jericho Road Request: Preliminary Plat Approval of 14 Residential Lots and 2 Common Lots on 5.02 Acres in an Existing R-4 Zone Approved C. Public Hearing: AZ 12-002 Paramount North by Brighton Development, Inc. Located West of N. Meridian Road, Midway Between W. Chinden Boulevard and W. McMillan Road Request: Annexation and Zoning of 10.03 Acres of Land with an R-8 Zoning District Approved D. Public Hearing: PP 12-006 Paramount North by Brighton Development, Inc. Located West of N. Meridian Road, Midway Between W. Chinden Boulevard and W. McMillan Road Request: Preliminary Plat Approval Consisting of 77 Single- Family Residential Building Lots and Six (6) Common Area Lots on 26.52 Acres of Land in an R-8 Zoning District Approved E. Public Hearing: VAC 12-001 Sond by Greg Renfrow Located at 4871 W. Grey Towers Drive Request: Vacation of a 10-Foot Wide Public Utility, Drainage and Irrigation Easement Shared on the Interior Lot Line of Lot 4 and Lot 5, Block 3 of the Sond Subdivision Approved F. Public Hearing: VAR 12-002 Meridian Town Center by Idaho Electric Signs Located Northeast Corner of N. Eagle Road and E. Fairview Avenue at 2200 N. Eagle Road Request: Variance Meridian City Council Meeting Agenda -Tuesday, July 17, 2012 Page 2 of 3 All materials presented at public meetings shall become property of the Cily 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. to UDC 11-3D-8F.4d to Exceed the Maximum Background Area Allowed of 200 Square Feet for Free-Standing Signs Approved G. Amended onto the Agenda: Resolution No. 12-854: A Resolution Vacating a 10 Foot Wide Public Utility Drainage and Irrigation Easement Centered on the Common Line Between Lot 4 and 5, Block 3 of Sond Subdivision (VAC 12-001) Approved 9. Future Meeting Topics None Adjourned at 8:09 p.m. Meridian City Council Meeting Agenda-Tuesday, July 17, 2012 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 July 17, 2012 A meeting of the Meridian City Council was called to order at 7:03 p.m., Tuesday, July 17, 2012, by President Brad Hoaglun. Members Present: Mayor Tammy de Weerd, David Zaremba, Keith Bird, Brad Hoaglun and Charlie Rountree. Others Present: Bill Nary, Jaycee Holman, Bruce Chatterton, Sonya Watters, Clint Dolsby, Jamie Leslie, Chris Amenn and Dean Willis. Item 1: Roll-call Attendance: Roll call. X David Zaremba X Brad Hoaglun X Charlie Rountree X Keith Bird Mayor Tammy de Weerd De Weerd: Thank you for your patience. We are starting a few minutes late, but thank you for joining us. For the record it is Tuesday, July 17th. We will start tonight`s regular Council agenda with roll call attendance. Madam Clerk. Item 2: Pledge of Allegiance De Weerd: Item No. 2 is the Pledge of Allegiance. )f you will all rise and join us in the pledge. (Pledge of Allegiance recited.) Item 3: Community Invocation by Gordon Slyter with Treasure Valley Worship Center De Weerd: Item No. 3 is our community invocation. We will be led tonight by Pastor Gordon Slyter. I thought I saw you in the back. Thank you for joining us. If you will all join us in the community invocation or take this as an opportunity for a moment of reflection. Slyter: Our Father in Heaven, we thank you for this wonderful day that you have given us. We thank you for this great city we have the privilege of living in. Thank you, Lord, for those who serve in various capacities on the Council, on the various departments, city and fire protection. We pray tonight for wisdom for those who will make decisions, any issues that come before the Council, Lard. Your word says that if we lack wisdvrn we are to ask and you give generously without reproach. So, tonight we thank you in advance for wisdom and we thank you, Lord, for this great city where we live and we ask your continued blessing upon us. We pray this in Jesus' name, amen. Meridian City Council July 17, 2012 Page 2 of 28 Item 4: Adoption of the Agenda De Weerd: Thank you for kicking us off. Item No. 4 is Adoption of the Agenda Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: A couple of minor changes to the agenda to go through here. Under 7-A, Department Report, the Clerk's office approval of new beer and wine liquor license, all the items needed have been received from the state and the county, so we can move this to the Consent Agenda as Item 5-H. And also we need to add under Action ltems 8-G -- and this is Resolution No. 12-854, a resolution vacating a ten foot wide public utility drainage and irrigation easement centered on the common line between Lots 4 and 5, Block 3 of Sond Subdivision. So, with those two additions, Madam Mayor, move adoption of the agenda as amended. Rountree: Second De Weerd: I have a motion and a second to adopt the agenda as amended. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 5: Consent Agenda A. Approval of Award of Bid and Agreement for Independent Contractor Services for "WWTP Reclaimed Water Onsite Irrigation" to American General Contractors, INC. for aNot-To- Exceed amount of $103,943.00. B. Non-Disclosure Agreement with A-T Solutions C. Temporary Construction Easement Agreement with Lynx Investments, LP D. Water Main Easement Agreement with MGT Legacy Church E. Water Easement for Meridian High School Tennis Courts 1=. Findings of Fact, Conclusions of Law for Approval: MDA 12- 003 Hollybrook by Kevin Howell Construction Located at West Side of N. Arrowwood Way; North of E. Usticlc Road Request: Amend the Recorded Development Agreement Instrument #105'195857) for the Purpose of Modifying the Concept Plan Meridian City Council July 17, 2012 Page 3 of 28 and Building Elevations Approved with the Hollybrook Subdivision G. Clerk's Office: Approval of New Beer/VNinelLiquor License application for Big AI's III Inc. dba Big AI's located at 1900 N. Eagle Rd. De Weerd: Item No 5, Consent Agenda. Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: I move approval of the Consent Agenda and the Mayor to sign and the Clerk to attest. Rountree: Second. De Weerd; I have a motion and second to approve the Consent Agenda. Hoaglun: And, Madam Mayor, that did include 5-H as well. De Weerd: Thank you. Madam Clerk. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 6: Items Moved From Consent Agenda De Weerd: There were no items moved from the Consent Agenda. Item 7: Department Reports A. Clerk's Office: Approval of New Beer/Wine/Liquor License application for Big AI's III Inc. dba Big AI's located at 1900 N. Eagle Rd. Item Moved to Consent Item 5G De Weerd: Actually, there were items moved to the Consent Agenda. Item 8: Action Items A. FP 12-011 Solitude Place Subdivision No. 3 by M2 Land, LLC Located Southeast Corner of N. Meridian Road and E. McMillan Meridian Cify Council July 17, 2012 Page 4 of 28 Road Request: Final Plat Consisting of 63 Building Lots and 7 Common/Other Lots on 17.9 Acres of Land in an R-8 Zoning District De Weerd: We will move to Item No. 8 under 8-A on final plat 12-011. I will ask for staff comments. Wafters: Thank you, Madam Mayor, Members of the Council. The first application before you is a final plat application for Solitude Place Subdivision No. 3. The site is located on the southeast corner of North Meridian Road and East McMillan Road. The applicant requests final plat approval of the third and final phase of Solitude Subdivision, consisting of 63 buildable lots and seven common lots on 17.9 acres of land, zoned R-$. The proposed plat contains 2.12 acres of open space, consisting of street buffers and a landscape common area containing a pathway and seepage bed. The gross density of this phase is 3.52 dwelling units per acre. You can see there on the left-hand side of the screen that's the preliminary plat with the final plat on the north end there and the final plat and landscape plan that's proposed. Staff has reviewed the proposed final plat for consistency with the approved preliminary plat and found there to be an increase in open space and six fewer building lots than shown on the preliminary plat. Overall the amount of open space provided far the subdivision exceeds the minimum required of ten percent. Because the number of building lots is fewer and the amount of common open space has increased, staff finds the proposed plat to be in substantial compliance with the approved preliminary plat as required. There are no outstanding issues for the City Council. Written testimony was received from Becky McKay, the applicant's representative, in agreement with the staff report. Staff is recommending approval of the proposed final plat. De Weerd: Council, any questions for staff at this point? Bird: I have none. Rountree: I have none. De Weerd: Okay. Becky, any comments? Waters: I believe Shari Stiles is here representing the applicant. De Weerd; Oh. It was someone that looked like Becky. I didn't have my glasses on. Hi, Shari. Okay. No comments? Okay. Council, anything on this item? Bird: I have none. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Meridian City Council July 17, 2012 Page 5 of 28 Rountree: I move that we approve Item 8-A, FP 12-011 for Solitude Place. Bird: Second. De Weerd: I have a motion and a second to approve Item 8-A. If there is no discussion, Madam Clerk. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. B. Public Hearing: PP 12-007 Reserve West by ERD, LLC Located West of N. Locust Grove Road and East of N. Jericho Road Request: Preliminary Plat Approval of 14 Residential Lots and 2 Common Lots on 5.02 Acres in an Existing R-4 Zone De Weerd: Item 8-B is a public hearing on PP 12-007. I will open this public hearing with staff comments. Wafters: Thank you, Madam Mayor, Members of the Council. The next item before you is a preliminary plat application for Reserve West Subdivision. The site consists of 5.02 acres of land, zoned R-4 and is located on the west of Locust Grove Road and east of Jericho Road. In 2009 the City Council approved the annexation of this property with an R-4 zoning district. The applicant is requesting preliminary plat approva! of 14 residential building lots and two common Pots on 5.02 acres of land. The proposed plat is an extension of Reserve Subdivision to the east. The minimum lot size proposed with this plat is 10,000 square feet and the average lot size is 11,847 square feet. The gross density for the proposed subdivision is 2.79 dwelling units per acre, consistent with the adjacent development and the R-4 zoning district. Access #o the subdivision is provided by East Commander Street, currently stubbed at the east property boundary via North Locust Grove Road. The development agreement for this site requires Commander Street to be extended through the site and connect to Jericho Road, as proposed on the plat. The proposed plat depicts 13.35 percent common open space, which exceeds the minimum required of ten percent. Qualified open space includes two common area lots and eight foot parkways adjacent to the street. Per the development agreement the applicant is required to submit home elevations consistent with the guidelines contained in the Meridian design manual. The proposed elevations include a mix of building materials, decorative corbels, predominate eaves, front porches, and variation in the wall planes and the roof lines. The elevations demonstrate consistency with the design manual and the existing homes constructed in Reserve Subdivision to the east. The Commission recommended approval of the subject application at their June 7th, 2012, public hearing. Jake Centers and John Wardle testified in favor of the application. No one testified in opposition and Steve Rutherford and Steve Proctor commented on the application. No written testimony was submitted. Key issues of discussion by the Meridian City Council July 17, 2012 Page 6 of 28 Commission were the minimum home sizes proposed for the subdivision and construction traffic through Reserve Subdivision. The Commission did not change any of staff's recommendations. Written testimony submitted since the Commission hearing. John Wardle, applicant, in agreement with the Commission recommendation and there are no outstanding issues for the City Council. Staff will stand for any questions. De Weerd: Thank you. Council, any questions? Bird: I have none. De Weerd: Okay. Zaremba: Madam Mayor? De Weerd: Yes, Mr. Zaremba. Zaremba: I would just comment that many years ago when this and subdivisions around it were being discussed, the subject of having this roadway connect to what I believe is Venable was brought up and I just want to express appreciation that it appears that that happened. De Weerd: Thank you. Good evening. Wardle: Good evening, Madam Mayor, Council Members. For the record my name is John Wardle. My address is 1627 South Orchard Street, Boise, Idaho. 83705. Thank you for the opportunity to be here tonight. As Sonya had mentioned, we are in agreement with the findings of fact and conclusions which are in the staff report. wanted to just address two issues which were brought up at the Commission that we addressed there, but I thought we would also address them before you tonight. One was size of homes. This is a continuation of the first Reserve Subdivision. Our intent here is to match the size of homes that were required with those HOA documents. Some neighbors were concerned that our homes would not be compatible. We had mentioned in our application that the minimum square footage will be 1,400 square feet. That, actually, is part of the requirement within this zone. But our intent is to match the same design requirements within Reserve Subdivision and, in fact, would like to be included within that HOA. Just wanted to put that out there on the record. The other item that was brought up at the last meeting -- and I'm sure will be raised again tonight -- was construction traffic far this project. There was a request made that only construction traffic be an what's called Jericho and we do connect to Jericho on one end, but we also connect to Commander. Can we go back one more slide there? So, our project sits between Jericho and Commander. One of the neighbors requested that only construction traffic for this project be -- would occur on Jericho. Frankly, we feel that -- you know, both of these are public roads. We -- we expect that our contractors will obey the law. If they are not obeying the law we expect that the law would be called and those issues be addressed. But we don't feel that it's appropriate to say that only Meridian City Council July 17, 20'12 Page 7 of 28 construction traffic be on one road and not another and also our utilities will come from Jericho. So, when development happens on this project, the likelihood of only telling us that traffic can only be on Jericho Road is probably not feasible and we need the ability to have traffic on either road and we do expect our contractors to obey the law. The Commission did not agree with that -- that request by the public. They did not include a new condition precluding traffic -- construction traffic on Commander Road and we just respectfully request tonight that we be allowed to develop this project and that the construction traffic could go on either road as -- as it may. Sa, l will stand for any questions. I'm sure there will be some comments tonight and I will address those in rebuttal. De Weerd: Okay. Thank you, Jahn. Council, any questions? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: Sonya, could you put up the preliminary plat? We(I, that's not terribly helpful in terms of being able to read it, but what's the access going to be to the lot that would be on the southwest portion of that parcel? Wardle: The bottom left corner? Rountree: Yes. Wardle: Lots -- I think they are Lots 2 and 3 of Block 2. Those two lots will actually have a shared driveway. There is a condition in here that states that those would share access aver a Gammon driveway and they will both come out to Commander Road. So, the frontages -- the minimum frontages are in accordance with the ordinance and believe we will have a 20 foot driveway that bath of those homes will use to came out to Commander Drive. Rountree: Madam Mayor, just a comment. We have had some issues with shared driveways being relatively new in same subs. Hopefully the CC&Rs are such that you don't have parking and that sort of thing and the difficulty of people moving in and out of those lots. It would have to be administered through the CC&Rs. There is not much the city can do about it. Wardle: Madam Mayor, Council Member Rountree, if I may, it's my understanding that these common driveways actually act as the fire access. lt's a minimum 20 feet and parking is not allowed on those. I have seen where those have been signed with no parking, but we would be happy to disclose in the CC&Rs the nature of that, that parking is not allowed and access to one home ar the other cannot be blacked. Rountree: Okay. Thank you. Meridian City Council July 17, 2012 Page 8 of 28 De Weerd: Any other questions? Bird: i have none. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I would just comment in the earlier remark I made I misspoke. The street that it connects to is Jericho, not Venable. But my appreciation still stands. De Weerd: Noted. Thank you, John. Okay. We did have one person sign up, other than John, on the public hearing sheet. See, I can keep track of where you live by where you show up. Rutherford: Right. Madam Mayor, Members of this Council, my name is Steve Rutherford. I live a 1539 East Commander. I am the treasurer for the Reserve Homeowners Association. I'd ask for a little extra time. I'm not sure I can get through this in three minutes, but I promise I won't belabor my point. De Weerd: We know attorneys can talk fast. Rutherford: I wanted you to hear me, actually, this time. The issue is exactly as -- as the developer's representative Mr. Wardle had said. Really, our issue is we live on a short street. Probably -- and we should have before now come to you and asked to have the 25 mile an hour speed limit reduced, because it's apretty -- it's a pretty short street. It's separated by the one kind of amenity or common space that Mr. Center's provided on -- when he built this phase of the subdivision, which is a roundabout. The roundabout has gat trees in the middle and I will show you pictures here with all the specifics. You will see here the roundabout has some landscaping in the middle and some grass and there -- along this western boundary there is also a fence. This is kind of a picture of the subdivision and you will see this is not uncommon in our subdivision. We have got 12 homes. We have got 13 children under the age of 12. Many of them are, you know, in that six, seven, eight range and they play on that roundabout, because that's -- that's kind of the common space for the neighborhood. Until we get the back part of this subdivision opened up and get that -- that common space at the back end, this is what the -- this is what the kids are playing on. So, you can see our issue really relates to people. People park in this roundabout, because it's street frontage for people's homes and in addition this picture will show you to the north of the roundabout there is sidewalk that accesses what amounts to a pretty big field behind the Meridian city school. There is a -- there is a high school there. So, children are often crossing to get over to that school. The street width from the pavement is 26 feet wide there at that area. The issue we have is, again, we have got a quite few kids playing in that neighborhood. It's a 25 mile an hour zone. Folks are parking on our street in the street. We have got a fairly, you know, busy, robust neighborhood and what we are worried about is someone around, driving a big truck full of trusses around Meridian City Council July 17, 2012 Page 9 of 28 that -- that roundabout and running over one of our kids. In addition, it kind of makes sense to -- at least for the first portion of the development of this subdivision to have the construction access come off of Chinden Boulevard directly north of this and I will show you in the next couple slides that street. There was some discussion at Planning and Zoning that there were -- there were a number of residences. Really, those are five one acre lots. They are set back a ways. One of my pictures will show you that. And so -- so that's about -- that's it in terms of -- in terms of the impact on that neighborhood. And, again, our neighborhood is not requesting that you permanently make construction access go through -- use Jericho, but at least until it makes sense we leave -- we have asked -- we would ask you to leave the fence that currently terminates the existing East Commander Street until -- until construction gets to 50 percent, particularly the roads and infrastructure get in the street, but you will see here this is the route we are asking you to -- per the conditions to the developer, ask him to use. The streets here where he turns off Chinden onto North Saguaro is 30 feet wide. You will see pretty big. They pass that -- what is a Moxie Java right there. Would turn left here onto Everest Street. You will see a fairly wide street. No homes fronting this. Some commercial development opportunities on the left that have yet to develop and, then, finally the stretch on Jericho, you will see the homes -- there are, again, five homes on the left side of Jericho. That planting strip there where there is with grass on the left side is pretty wide. Those homes fit back a little further. Again, they are one acre estate lots and, then, this would, again, feed into the west side of the west development. The east side of Jericho is yet to be developed. So, you know, from our perspective -- our neighborhood's perspective this is the safer route. This is a picture of the roundabout and -- in our neighborhood with some traffic in there. This shows you a rather large vehicle accessing that. That's our sign at the front entrance to Locust Grove. It also shows you that, you know, you put a car or two there, it`s not necessarily the most open piece of street. And, finally, that's the fence that's at the end of -- end of our East Commander that we would ask you to ask them to leave up. We also believe that the -- that the developer that -- he's doing a good job. He did a great job with our subdivision. He's going to do a great job on this one. He can't control his contractors. I'm here to tell you. I'm in the business. And people speed and you can't do anything about it, unless you post a police officer there and I know from the other side of my business that you don't have the resources to put a police officer there. At some point it's too late. Kid gets run over. It's too late. So, I'd ask you to -- until it makes sense -- and you folks do this more than I do -- I don't know if that's for a period of time, six months, three months, or if it's until, you know, 13 of the 26 houses or the -- I'm sorry -- seven or eight if the homes are built and infrastructure is in, something to alleviate big trucks coming down that road that wasn't really designed for that kind of traffic. So, happy to answer any questions. Thank you for this time. De Weerd: Council, any questions? Bird: I have none, Mayor. Zaremba: Madam Mayor? Meridian City Council July 17, 2072 Page 10 of 28 De Weerd: Mr. Zaremba. Zaremba: The trucks that you're most worried about, can you guess at maybe a weight limit to them? You're talking about a -- maybe a cement truck and maybe as you say a truck with trusses. Are those like in a 50,000 pound range you're thinking? Rutherford: Council Member -- or Madam Mayor, Council Member Zaremba, I don't know. I'm thinking, you know, some pretty good size, a load on them, but, you know, for that matter, given the volume of -- of development that's going to occur on the other side of the fence, Jake Centers built a good product. I have no doubt this thing is going to be popular. They are going to be building homes pretty quickly. The guy -- the drywaller in his pickup, for that matter, you know, those people, in addition to the -- to the truck drivers, those are the people that are going to be getting to the site so they can get to work and I'm worried about a protracted period of time where those folks are going to be using that street. When we have the ability to give them maybe more safe access -- again, Chinden has got kind of a turn lane, so you can get out of traffic, get into that Jericho access. And since the fence is up we actually have a present ability to stop that traffic until, again, a reasonable time period. I don't know that it has to do with size or anything like that. I think it is folks in the construction trade that want to get there. They are going to be intensely using that East Commander Street in front of our homes. De Weerd: Steve, 1 don't want to sound insensitive. Certainly the accident that we had happen in our community recently has kind of shaken our whole community and so we are a lot more conscientious and aware of the dangers that streets in general pose to the safety of our kids. Postponing the opening of a street is not going to change anything. You need to educate your kids. You know, they are going to have to learn it today or six months from now. They have to know it's no longer a street that they play in and I can tell you what, there is many of us that have moved to a street with that similar sign and it will be extended in the future and we have stayed there hoping that that road would never open up, because we like the security that it's given ours kids by not having it a through road. 1 don't know if the city can postpone the opening of a road or not. The roads are ACRD. But I don't know what it gains you. Because that danger is going to be there when that road is paved and so 1 don't say that to be insensitive, because, you know, I now have grandkids. I finally got my kids raised and now I'm concerned about someone else's kids, including our communities'. But we have this request in every subdivision that has a fence and a sign on it when the next phase develops. Rutherford: And, Madam Mayor, I'm not naive enough to believe that it was never going to open, but given that the common space we have right now is that circle, until the common space gets put in and there are sidewalks that our kids can safely get to that, our kids are going to play in here and they can be very -- they can be very careful, but this increases the risk and I had a conversation with your -- with one of your land use planners and I was led to believe that this was a condition that limiting construction access to a certain point was something that can be done, had been done, and wasn't an unreasonable request. So, that`s what Iwas -- that's why I was here making it and, Meridian City Council July 17, 2012 Page 11 of 28 again, until we get a safe place for our kids to play that isn't in the middle of the street, we always tell them to be careful, but there is risk there. Bird: Madam Mayor? De Weerd: And, again, I don't want to sound insensitive, but it's called a yard, so -- Mr. Bird. Bird: Steve, my -- my biggest fear is if we limit it to just Jericho -- and most of the product does come out of the Boise area going west and you go on Chinden, which is -- while Locust Grove is busy, Chinden is a lot more busy. At Locust Grove you have got a light that you can turn left and come down and, then, you turn right info this. And you go on up to Jericho there is no light. Trucks are going to be pulling in there. You got your -- your concrete trucks, you got everything. They are going to be pulling in there and trying to turn left into the traffic. You got a traffic hazard there. And, boy, I -- you know, I wouldn't want to see one little guy get scratched, but t think there is -- I think there is a safety issue asking all the construction trucks to -- to turn left into that without a light, where at Locust they do have a light to turn left. Because, you know, drivers are --they get impatient and they are going to swing out in front of traffic I'm afraid of. They are going to -- a lot of them come that way, a lot of them come off Locust Grove. Looking at your roundabout, most of them, if they can, they are going to come Jericho way, I can guarantee you. They are not going to try to bring a trailer full of trusses around that deal, especially where you got parking -- cars parked there, but I -- I don't know if -- if we are doing -- safety wise if we are doing the right thing by limiting it to just one entrance. Rutherford: And, Madam Mayor, Council Member Bird, (absolutely understand. The difference for me was Locust Grove doesn't have a turn lane, Chinden does, and there are -- there is a school bus stop right at our subdivision there at that -- and, then, there are -- there is the Ambrose school right across the street and, then, the high school, frequent foot traffic on Locust Grove that doesn't have sidewalks all the way down. You kind of got to -- kind of got to hop back and forth. So, we just thought, you know, if we can avoid construction traffic coming in that front entrance, encourage it to be on Chinden that's meant to accommodate that kind of traffic, it would -- it would benefit the neighborhood. De Weerd: Mr. Nary, it's probably -- and I don't know if it's our attorney or planning, but I believe that ACRD can consider temporary traffic calming situations, so I guess depending on how Council decides on this, we could also through our traffic safety commission or just the developer and through our Planning Department make a request for temporary traffic slowing things. Aren't there some temporary speed bumps or -- you can slow traffic down. Nary: Madam Mayor, Members of the Council, I mean I guess the only -- the only problem is is that many of those -- many of those have requirements that -- I'm not sure by the time the -- all the traffic study was accomplished, I'm not sure how far along this Meridian City Council July 17, 2012 Page 12 of 28 project would be. De Weerd: But if it's temporary and you get one hundred percent of the homeowners that sign it, I -- I know when we looked at it in our subdivision -- this sounds so familiar. As long as you get all of your neighbors agreeing to it there usually isn't a problem. Nary: Yeah. I just say I don't know how long it takes. I wouldn't know if it would take #wo months or a month and a half. So, that's the only issue would be the timing. De Weerd: Okay. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: Steve points out a genuine issue. Unfortunately, he doesn't paint out the genuine issue throughout the whole area. Those choosing to come from the south down Locust Grave might very well not go to Chinden and back around. Bird: Yeah. Thafi's right. Rountree: And there is a subdivision to the south -- f think it used to be Madeline, I think it's now Saguaro West or East or something like that -- that they could go through that just as many, if not more homes than we have here. So, the idea of trying to restrict traffic flow, I'm not sure is necessarily the answer -- that would be the answer for that. Hoaglun: Madam Mayor? Rountree: But I think it's something that between the citizens that live there, between the contractors and the developer, they can do their best effort to try to minimize the impact on the existing dwellings, whether it's coming down Jericho, coming down your street, or coming down -- coming across on the street that's to the south of them. You have that in every development. !f they would all develop from the inside out we'd never have this issue. I don't know that Icon -- 1 don't know that I can think of an instance, though, during construction were we have had significant issues, other than some parking and materials in the road and -- where we had accidents involving pedestrians -- typically it's an established neighborhood. Typically it's a resident in the neighborhood not paying attention. Not that those are excuses, I'm just trying to find a way in my mind to accept your proposition as the way to go and I think by doing what you suggest you just divert the issue to a couple other streets and I think opening up the street all the way through initially as part of the development and giving people the options to come from the south, give them options to come from the north, the east and the west, is probably the best approach. De Weerd: You know, Steve, l think that what we found in our neighborhood was -- we Meridian City Councii July 17, 2012 Page 13 of 28 live just down the street from a school and it wasn't the contractors we ended up being concerned about, it was the parents driving their kids to school at the last minute. I mean they were scary, so -- Mr. Hoaglun. Hoaglun: Madam Mayor, I wanted to ask Steve a question. You had referenced something about 15 mile an hour speed limits. Have you had a discussion with the traffic safety committee or ACRD about doing some slow down measures? Rutherford: Madam Mayor, Council Member Hoaglun, 1 have not. We do have the 25 mile an hour posted speed limit, which is the default for Meridian. We also have a no outlet sign that ACHD graciously put up for us at our request. But my understanding was I could come to the city or our HOA could come to the city and that you have the ability to set a lower speed limit in a residential area kind of as an exception to your 25 mile an hour. That's something I have been derelict in doing. Hoaglun: And Madam Mayor -- and to follow up on that, I mean i# that -- if that is an option, with that circle and trucks going through there, if that's opened up, you know, that's something I think worth taking a look at during -- during this construction period. I mean the Mayor is right, long term, once that's opened up with houses there, it --people are going to be driving back and forth and I have been through the teenage driver years and that's always scary. I mean -- so, it will happen, but --with young people and going fast, so -- but I can understand your concern going through there where that has, basically, been a cul-de-sac and kids playing and if there is a way to get traffic calming measures in the place or Power speed limits and -- I don't know if that's -- if that is possible. Mr. Nary, is that 15 mile or something like that even doable? Nary: Madam Mayor, Members of the Council, I mean certainly there is -- there is two methods in which to do that and the traffic safety commission meets only once a month, so we could certainly put it on our agenda for next month, but in the interim they still would have to do a traffic study to determine what`s appropriate, because they can't simply just change the speed limit, they have to have some supporting documentation to support that. So, the homeowners association can contact ACRD, raise these concerns and issues and have them do the study prior to our meeting next month and, then, we can have that conversation. So, there is a method. But we don't have the independent authority to change the speed limit, we would have to work through ACHD to recommend that. De Weerd: We don't mean to do that. They point at us, we point at them, and -- okay. Anything further? And certainly, Steve, we will -- if you need to work through the traffic safety commission we will help you communicate with ACRD or whatever you need us to do. Rutherford: Okay. Thank you. De Weerd: This is a public hearing. Is there anyone else who would like to provide testimony on this item? John, you want to have any final remarks? Meridian Cify Council July 17, 2012 Page 14 of 28 Wardle: Madam Mayor, Council Members, John Wardle. 1 don't. We are sensitive to the issue as well. We will work with our contractors. Clearly, like I stated before, if someone is violating the posted law -- I have worked on another project where neighbors fiollow our truck, that's our project, so I would assume that if the contractors aren't doing the right thing here, the residents would have an opportunity to call the police and do that, but we will work with our contractors as well, So, we just would ask for your approval of the canditians as put in the staff repor# tonight and we will go ahead and make the connection to Jericho. De Weerd: Thank you. Any final questions? Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I may have telegraphed this earlier, but would there be any value in putting up a sign asking vehicles over 50,000 pounds to use Jericho and let everybody else come from whatever direction they wanted? And I'm just picking 50,000 pounds out of the air. But I'm aiming at the biggest, heaviest trucks which may choose not to go through this roundabout anyhow, but -- Wardle: Madam Mayor, Council Member Zaremba, where do you post that? I mean you would have to post, what, up an Chinden or dawn, you know, on McMillan. I think it also poses a problem that -- !have moved a number of times over the last few years and the moving trucks are well over 50,000 pounds and they put three or four people's home -- you know, home goods on there. So, I think, again, you know, it would be hard to enforce something like that. f think by the time somebody gets in that neighborhood they would use the roundabout to turn back around and, then, they would have to figure out how to get through. So, 1 just don't know that it's -- I think it's a goad suggestion, I just don't know if it's practical to enforce that. Zaremba: Thank you. De Weerd: I'm sure our lieutenant was wondering that himself, so -- nothing. I just saw you talking over there, so I thought I would mention your name. Okay. Anything further from Council? Rountree: I have none. De Weerd: Okay. Thank you, Jahn. Wardle: Thank you very much. De Weerd: Do i have a motion to close? Meridian City Council Juiy 17, 2012 Page 15 of 28 Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I move we close the public hearing on Item 8-B. Hoaglun: Second. De Weerd: I have a motion and a second to close the public hearing. Ali those in favor say aye. Alf ayes. Motion carried. MOTION CARRIED: ALL AYES. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I move we approve PP '! 2-007, with all staff comments. Hoaglun: Second. De Weerd: I have a motion and a second. Any discussion? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: Does the maker of the motion intend to include the commitments made this evening by the applicant with respect to house size and identification of signing within the CC&R that would nat provide -- would not allow parking on the shared access? Zaremba: Yes. That's a good idea. I include that- Hoaglun: Second agrees. De Weerd: Okay. Any further discussion? Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: Justin from ACRD is here. He probably thought it was going to be an easy meeting for him tonight, but, you know, I think that as this comes forward for your review on things, you knOW, you certainly understand Steve's concern and he represented the homeowners on that street very well and it's one of those things that if something can be done we would like to see it -- I would like to see it done and I think we have all kind Meridian City Council July 17, 2012 Page 16 of 28 of expressed concern, but at the same time these are public streets and how do you move it from one to another and -- and I know that's the same thing you guys face out there every day and so -- but if there are idea out there that would work I'd certainly like to see them pursued if at all possible. And, of course, the developer and working with the contractors to keep that speed down, that's the biggest thing have them pay attention and keep speed down, so -- now, if we can just get our teenagers to do the same thing, so -- De Weerd: I'm sorry. I lived on a street to an elementary school and I can give you horror stories. And, certainly, Justin, if you have some ideas you can share it after this is finalized. Okay. Any further discussion from Council? Madam Cierk, will you call roll. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. C. Public Hearing: AZ 12-002 Paramount North by Brighton Development, Inc. Located West of N. Meridian Road, Midway Between W. Chinden Boulevard and W. McMillan Road Request: Annexation and Zoning of 10.03 Acres of Land with an R-8 Zoning District D. Public Hearing: PP 12-008 Paramount North by Brighton Development, Inc. Located West of N. Meridian Road, Midway Between W. Chinden Boulevard and W. McMillan Road Request: Preliminary Plat Approval Consisting of 77 5ingle- Family Residential Building Lots and Six (6) Common Area Lots on 26,52 Acres of Land in an R-8 Zoning District De Weerd: Okay. We are at Item 8-C and D on public hearing AZ 12-002 and PP 12- 006. I will open these two public hearings with staff comments. Watters: Thank you, Madam Mayor. The next applications before you are an annexation and zoning and preliminary plat request for Paramount North Subdivision. The site consists of a total of 26.52 acres of land, zoned R-$ and RUT in Ada County and is located west of North Meridian Road between Chinden and McMillan. The applicant has applied for annexation and zoning of 10.03 acres of land with an R-8 zoning district consistent with the future land map designation of medium density residential for this property. A conceptual development plan and building elevations were submitted with the annexation request. Because development of the majority of this site is subject to the development agreement approved with the original Paramount annexation, staff is not recommending a new development agreement for the portion of this site proposed to be annexed. A preliminary plat is also proposed, consisting of 77 single family detached residential building lots and six common area lots on 26.52 acres Meridian City Council July 17, 2012 Page 17 of 28 of land, consistent with the proposed concept plan. A portion of this site of 16.49 acres was previously annexed into the city and included in the ariginaf preliminary plat as one large 34 acre iot for future single family residential uses. The remaining portion of that lot not being replatted with this application will be replatted in the future. The conditional use permit planned development approved for the annexed portion of this site in 2003 allowed block lengths in excess of 1,000 feet, reduced building setbacks and minimum street frontages of 50 feet. Access to the site is proposed on the plat via two access points, the existing West Producer Drive via Meridian Road at the southeast boundary and North Fox Run Way via Chinden at the northwest boundary. The applicant is required to provide a minimum of ten percent open space or 2.65 acres of land, along with two site amenities for the subdivision. The applicant proposes a children's play structure, benches, and a section of the city's multi-use pathway as site amenities. Ten foot wide multi-use pathway is proposed within Lot 38, Block 48, along the southwest boundary as shown on the landscape plan. Commission recommended approval of the subject annexation and zoning and preliminary plat request at their June 7th public hearing. Mike Wardle testified in favor of the application. No one commented or apposed the application. Written testimony was submitted by Mike Wardle, the applicant's representative, in agreement with the staff report. There were no key issues of discussion by the Commission. The Commission changed staff's recommendation. They struck condition 1.1.1, as recommended by staff, as the applicant had revised the plat at that point and initially as recommended by staff, added a new condition, 1.1.9, requiring the landscape plan submitted with the final plat application to be revised to include the additional area included in the annexation boundary at the northwest corner of North Meridian Road and West Producer Drive. There are no outstanding issues for City Council. Written testimony since the Commission hearing. There has been none. Staff will stand for any questions Council may have. De Weerd: Thank you. Council, any questions? Okay. Comments from the applicant? M.Wardle: Madam Mayor, Council Members, Mike Wardle, Brighton Corporation. 12601 in Boise -- or, excuse me, West Explorer Drive in Boise. De Weerd: Thank you. M.Wardle: I would just be willing to answer any questions that you might have, but would note that along the street, along the diagonal southwest is where we have already constructed a ten foot wide regional pathway. That's why we don't have any lots fronting on that street in contrast to what has been done on the rest of the project, but it was really the only opportunity to make the connection from the pathway that's already in existence along Fox Run over to Meridian Road and to the pathway that's on the east side of another subdivision. So, we have already put that facility in. It will be part of that wider buffer common area when we do plat these -- these lots in the future. So, would also just note during the last hearing there was a question raised by one of the Council -- or the Commission members about a sidewalk from the LDS church down to the corner of McMillan, which does not currently exist, but because you have the junior high school across the street there is a concern. So, we are actually in the Meridian City Council July 17, 2012 Page 18 of 28 process of working currently with ACRD. We will design and construct that sidewalk and they are working on determination of what ACHD's future roadway widening requirements are to set the precise location, but if we can get the miracle accomplished it will be done before school starts this fall. So, anyway, that's not part of this project, but it carne up and it was just something that we had already initiated with ACHD because of that need. So, be happy to answer any questions you might have. De Weerd: Thank you, Mike. Council, any questions? Bird: I have none. Rountree: I have none. De Weerd: Thank you. M.Wardle: Thank you very much. De Weerd: This is a public hearing on Items 8-C and D. Is there any member of our public who would like to make comment? Okay. Council, any further questions? Rountree: I have none. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Hearing none, I move we close the public hearings on AZ 12-002 and PP 72-006. Zaremba: Second. De Weerd: I have a motion and a second to close the public hearings on Item 8-C and D. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve AZ 12-002, Paramount North and consider all staff and applicant testimony. Rountree: Second. De Weerd: I have a motion and a second to approve this item. Any discussion? Madam Clerk. Meridian City Council July 17, 2012 Page 19 of 28 Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve PP 12-006 and include all staff and applicant testimony. Zaremba: Second. De Weerd: I have a motion and a second to approve item 8-D. Madam Clerk, will you call roll. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. E. Public Hearing: VAC 12-001 Sond by Greg Renfrow Located at 4871 W. Grey Towers Drive Request: Vacation of a 10-Foot Wide Public Utility, Drainage and Irrigation Easement Shared on the Interior Lot Line of Lot 4 and Lot ~, Block 3 of the Sond Subdivision De Weerd: Item 8-E is a public hearing on VAC 12-001. I will ask for staff comments and as I open this public hearing. Zaremba: Madam Mayor? De Weerd: Yes, Mr. Zaremba. Zaremba: I have had ex parte involvement in this item and it would be appropriate far me to excuse myself. De Weerd: Okey dokey. Watters: Thank you, Madam Mayor, Members of the Council. The next application before you is a request for a vacation on Lots 4 and 5, Block 3, Sond Subdivision. The site consists of .45 of an acre of land, zoned R-4, located at 1080 North Crystal Cove Avenue, west of North Black Cat Road and approximately a quarter mile south of West Meridian City Council July 17, 2012 Page 20 of 28 Cherry Lane. The applicant requests approval to vacate the two five foot wide public utility drainage and irrigation easements located on the interior shared lot line between Lots 4 and 5, Block 3, of Sond Subdivision. The two lots have been combined into one property through a property boundary adjustment and record of survey. The applicant states there are no utilities within the PUDI easements. All public utilities, Idaho Power, Century Link, Cable One, Intermountain Gas, along with the Sond Subdivision homeowners association, have given consent to relinquish their easements. Approval of the subject vacation will allow the applicant to construct a home over the easement area. There are no outstanding issues for the City Council. Greg Renfrow, the applicant, submitted written testimony in agreement with the staff report and staff recommends approval of the proposed vacation. De Weerd: Thank you. Council, any questions? Bird: I have none. De Weerd: Does the applicant have any additional comments? Good evening. Ifi you will, please, state your name and address for the record. Renfrow: Yes. My name is Gregory Renfrow. f live at 1187D West Tidewater Drive in Boise, Idaho. Hopefully within a month I will be a new Meridian City resident. First of all, I'd like to thank Councilman David Zaremba for taking the lead on this issue and helping me get my project back on track. He saved me quite a bit of money and time, because I also have a second project in -- across the street where I was building both homes at the same time. 1'd also like to thank Bruce Chatterton far -- he is the director of the community Development Services for recognizing the city's oversight and, then, coming to a resolution to also help me get my project back on track. And I believe the city has dare the right thing by hiring Bruce to oversee the -- the departments, to help streamline these processes and make it -- assistance to be able to continue with their projects and not have delays through miscommunication with different departments. And that's all I have. Thank you. De Weerd: Thank you. Council, any questions? Bird: I have none. Hoaglun: I don't know, Madam Mayor. You know, I got to fiind out from Greg, did Bruce pay you to say that? He's new. You know, I don't know if he -- na. That was good. We appreciate hearing that. Renfrow: This is a case where we were first told -- you know, I just need to do a lot line adjustment and, then, we got the permit and the permit department said, no, you need to vacate the easement and I had bath projects going at the same time, just to save costs. So, it was a situation where there is, you know, one department not knowing what the other one's processes are. So, I think this is a good case and f think Bruce agrees with you. You know, this is a good example of why you needed to do what you Meridian City Council July 17, 2012 Page 21 of 28 need -- that you have done, to streamline these processes and so both sides know what they are talking about. Chatterton: Madam Mayor and Council Members, I just want to mention I really appreciate Mr. Renfrow's help as well. We had standard operating procedures in place for a situation like this. Unfortunately, they weren't the right standard operating procedures. They were based upon a literal reading of state law about which easements needed to be -- could be administratively vacated and which needed a public hearing and with the help of the city attorney's office we had to do a lot of digging and Mr. Renfrow's patience, to -- to realize that there was some case law, which distinguished these things. We now -- our -- our SOPs are correct in this case now. So, we very much appreciate Mr. Renfrow's forbearance and help in getting this done. We were able to do something which we don't normally do, which is allow building permits to be -- to be pulled and construction to proceed prior to vacation of the easement. Not a great practice, but now we know. De Weerd: Interesting. Well, thank you. We always need a Guinea pig to -- thank you for -- okay. This is a public hearing. Is there anyone who would like to offer testimony on this item? Council? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: 1 move that we close the public hearing on Item 8-E. Bird: Second. De Weerd: I have a motion and a second to close the public hearing on 8-E. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we approve the request for vacation for Item 8-E, number 12- 001, and let it move forward in the processes it needs to follow. Bird: Second. De Weerd: I have a motion and a second. Any discussion? Madam Clerk. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. Meridian City Council July 17, 2012 Page 22 of 28 De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. F. Public Hearing: VAR 12-002 Meridian Town Center by Idaho Electric Signs Located Northeast Corner of N. Eagle Road and E. Fairview Avenue at 2200 N. Eagle Road Request: Variance to UDC 11-3D-8F.4d to Exceed the Maximum Background Area Allowed of 200 Square Feet for Free-Standing Signs De Weerd: We are at Item $-F, which is a public hearing on VAR 12-002. I will open this public hearing with staff comments. Watters: Thank you, Madam Mayor, Councilmen. The next application -- and the last application before you is a variance for Meridian Town Center. This site consists of 80 acres of land, zoned C-G, located on the northeast corner of Fairview and Eagle Roads. The applicant requests approval of a variance to Unified Development Code 11-3B- 8F4D, which allows properties exceeding 750 feet of linear street frontage an additional sign height up to 35 feet and background area up to 200 square feet for free standing signs. Only one such sign is allowed per 750 feet of frontage. The applicant proposes five of these type of signs with a background area of 355 square each, 155 square feet over the allowed amount for each sign. Staff has done a complete analysis of the signage on the number of allowed versus proposed signs and background area for the overall site based on the street frontage as shown on each lot on the approved final plat. Based on staff's analysis the property as a whole is allowed a total of 28 20 foot tall signs with a maximum background area of 80 square feet each and a total of 35 foot tall signs, with a maximum background area of 200 square feet each for a collective maximum background area of 2,240 square feet. Instead of utilizing the maximum number of smaller signs allowed on the site, the applicant proposes to decrease the number of smaller signs from 28 to 11, for a reduction in the overall allowed background area of 1,360 square feet. The applicant proposes to transfer a portion of this area that they aren't using to the five larger signs and increase the maximum background area on each sign from 200 square feet to 355 square feet, for an overall increase of 775 square feet. The applicant is not proposing an increase in the height limit for any signs on the site. The total proposed background area for signage on the site is 1,655 square feet, which is actually a decrease of 585 square feet from what is allowed. And the total number of signs proposed is 16, which is a reduction of 17 signs from what is allowed. There has been no written testimony on this application received by the city. Because the overall number in the background area of the signs are proposed to be reduced significantly over what is allowed by the Unified Development Code, staff finds that granting a variance would not allow a right or a special privilege that is not otherwise allowed in the district. Further, staff did not find that granting the proposed variance would be detrimental to the public health, safety, and/or welfare and, actually, is of the opinion that public safety and welfare may be increased by reducing the number of signs on this site, providing less of a distraction to the motoring public. Lastly, because there are na site conditions that prohibit compliance with the UDC, staff finds that Meridian City Council July 97, 2092 Page 23 of 28 granting a variance does not relieve an undue hardship because of characteristics of the site. Although staff is of the opinion that signage proposed by the applicant for the site is superior to what is allowed by the UDC, staff cannot recommend approval of the variance, because ali the findings cannot be met. Therefore, staff recommends denial of the proposed variance. De Weerd: Thank you. Chatterton: Madam Mayor and Council Members. Pardon me. If i could add. Staff is very much in agreement with the intent of this request, but as Sonya just said, because we couldn't meet all of three of those findings -- one of them is problematic -- we thought that we were at the limit of our discretion under the code. Just wanted to point that out. i think she said it in other words. De Weerd: Yes. Superior is what I believe I heard, so -- Council, any questions for staff at this time? Rountree: I have Wane. De Weerd: Okay. Would the applicant like to make comment? However, I think staff did a great job arguing your case. Lipsett: I don't think I can add much to that. De Weerd: If you will, please, state your name and address for the record. Lipsett: My name is Dan Lipsett. I'm a project manager with Center Cal Properties. I five at 973 North Yarmouth Place in Eagle. De Weerd: Thank you. Lipsett: The whole intent -- we know we -- we see the square footage, but we think the effort -- we are trying to enhance the area over what is allowable by code. We think that -- De Weerd: Can you speak a little closer to the mike? Thank you Lipsett: Sorry. We think that less signs on the -- on Eagle Road and an Fairview enhance the whole thing and make it a better project and our tenants will appreciate it more. I think the public will as well. So, that`s part of the nature of why we are giving up rights to some signs, to reduce some clutter. De Weerd: Okay. Council, any questions far the applicant? Rountree: Madam Mayor? Meridian City Council July 17, 2012 Page 24 of 28 De Weerd: Mr. Rountree. Rountree: I appreciate that, your last comment. My question deals with that. Are you going to have CC&Rs or conditions of occupancy that would not allow temporary signs in your landscaped areas around the facilities? Lipsett: Temporary signs of what nature? Rountree: Well, we have temporary signs crop up all over town. Lipsett: Right. Rountree: But our sandwich boards that don't meet statute and signs that do meet statute, but some are in the way of other signage and that sort of thing. Lipsett: So, you're asking me once we are occupied and we have tenants in and controlling the type of signs that they might put out, yes, there will be restrictions. Rountree: Okay. Lipsett: Center Cal runs a pretty tight reign and has an active management program within our subdivision -- or within their developments and the enhancement of the development for all of the tenants is something we strive for. Rountree: Terrific. Thank you. De Weerd: Any other questions? Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: It seems like a good idea and well-intended. Let me start off by saying that my one hesitancy is we have been having a problem around the whole city with -- I think they are called electronic changeable -- they are like a television screen now, the newest ones, they are like a television screen and many of them are programmed to be very distracting and obtrusive to drivers and people thereby. Understand the purpose of the sign is to advertise and to get people to notice that businesses are there, but are these going to be static or do you envision any of these as having the electronic component to them? Lipsett: There is no electronic component. There will be just a constant on or constant off light source within the cabinet. Zaremba: Great. Thank you. Meridian City Council July 17, 2012 Page 25 of 28 De Weerd: Okay. Thank you so much. Lipsett: Thank you. De Weerd: This is a public hearing. is there anyone who would like to offer comment on this item? Council, any further questions for staff or applicant? Hoaglun: Madam Mayor, not a question for staff, but just a thank you to Sonya and whoever worked on these to give us the figures on the square footages and all that analysis to go through this and how you arrived at your conclusion. Of course, we know you got boxes to check and that's as far as you can go and -- but appreciate that analysis, that helps us make this determination. Watters: Thank you, Councilman Hoaglun. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Hearing no more, I move we close the public hearing on VAR 12-002. Rountree: Second. De Weerd: I have a motion and a second to close the public hearing on Item 8-F. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve VAR 12-002 and incorporate staff and applicant comments. Rountree: Second. De Weerd: I have a motion and a second to approve Item 8-F. Nary: Madam Mayor? De Weerd: Yes. Nary: Madam Mayor, Members of the Council, I don't think there was evidence as to what the undue hardship and I think that was the question that staff was asking is under the statutory requirement for a variance we have to establish an undue hardship or otherwise your variance would, then, granfi -- grant everything to everyone. So, if the Meridian City Council July 17, 2012 Page 26 of 28 undue hardship is the fact that they are adjacent to a state highway and what they are looking to do is instead of having larger signs and more signs, we are trying to encapsulate them into fewer signs, so that they are more visible from a state highway that has a little higher speed limit than an arterial or a local street. That may be a hardship based on the site. But we need something to make the finding. That's the -- that's -- if you recall that was -- that was the problems they had, if they had two of them where they couldn't make that hardship one. So, if the hardship is the site's location, then, that's at least something to give us something to hang our hat on to deal with, because you may get other requests for similar signage of this type and this one, because I think the safety aspect was what they were promoting and the -- adjacent to the highway was the reason they wanted more safety. If that's what you feel that's appropriate hardship, then, maybe if you put that as part of your motion that would be helpful. Bird: And I have no problem doing that, but I thought when I incorporated the staff -- I think Bruce and Sonya pretty well explained what the hardship was on the last item. Nary: I have no -- they just said they didn't have the hardship. Bird: Okay. I have no problem, then, including that hardship because of the state highway. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I would add to that that it's not just the state highway, it's Fairview Avenue, intersection of probably the highest capacity of an intersection in the state of Idaho. Bird: And the maker of the motion agrees with that. Add to the motion. De Weerd: And second agrees? Rountree: Yes. De Weerd: Okay. Madam Clerk. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. G. Amended onto the Agenda: Resolution No. 12-854: A Resolution Vacating a 1Q Foot Wide Public Utility Drainage and Meridian City Council July 17, 2012 Page 27 of 28 Irrigation Easement Centered on the Common Line Between Lot 4 and 5, Block 3 of Sond Subdivision (VAC 12-001) De Weerd: Item 8-G is Resolution 12-854. Madam Clerk, will you -- oh, you don't need to read this. Council, any questions on this item? Nary: Madam Mayor? Madam Mayor, Members of the Council, this is just a document for the Sond Subdivision so we can record it, so they can get that -- the -- those eliminated so they can get a building permit. Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: I move approva! Resolution No. 12-854. Bird: Second. De Weerd: I have a motion and a second to approve Item 8-G. If there is no discussion, Madam Clerk. Roll Call: Bird, yea; Rountree, yea; Zaremba, abstain; Hoaglun, yea. De Weerd: All ayes by those that voted. MOTION CARRIED: THREE AYES. ONE ABSTAIN. Item 9. Future Meeting Topics De Weerd: Any items under consideration for Item 9 on Future Meeting Topics? Hearing none -- Hoaglun: Madam Mayor? De Weerd: Yes. Hoaglun: I don't have a future meeting topic, I just wanted to -- something I should have done awhile back, offer you and Councilman Zaremba congratulations. I think you're elected third vice-chair over the Association of Idaho Cities and Councilman Zaremba you're our District 4-A representative. Zaremba: 3-A. Hoaglun: 3-A. So, appreciate you guys stepping in those leadership positions and appreciate the work that you're willing to do fior that, so -- Meridian City Council July 17, 2012 Page 28 of 28 Zaremba: Thank you. De Weerd: Thank you. Okay. If there is nothing further, I would entertain a motion to close this meeting. Rountree: So moved. Hoaglun: Second. De Weerd: I have a motion and a second to adjourn. All those in favor say aye. All ayes. MOTION CARRIED: ALL AYES. MEETING ADJOURNED AT 8:09 P.M. (AUDIO RECORDING ON F}LE OF THESE PROCEEDINGS) ..~~1 ~ , Z ~s~'~yrl- ~~ l ~ z ~f ~ ~y t MAYOR TA DE WEERD DATE APPROVED ATTEST: 4O~p,TED n L/CVS l G~ rrl 9 Ow CEE LMAN, CITY CLERK ~ p /., c;cyaf IDAHO SEAL yP F~ a+De T0.EA9V Changes to Agenda: None Item #8A: Solitude Place Subdivision No. 3 (FP•12.011) Application: - Final Plat Location: The site is located on the southeast corner of N. Meridian Road & E. McMillan Road. Summary of Request: The applicant requests final plat approval of the third & final phase of Solitude Subdivision consisting of 63 buildable lots & 7 common lots on 17.9 acres of land zoned R-8. The proposed plat contains 2.12 acres of open space consisting of street buffers & a landscaped common area containing a pathway & seepage bed. The gross density of this phase is 3.52 d.u.lacre. Staff reviewed the proposed final plat for consistency with the approved preliminary plat & found there to bean increase in open space & 6 fewer building lots than shown on the preliminary plat. Overall, the amount of open space provided for the subdivision exceeds the minimum required of 10%. Because the number of building lots is fewer & the amount of common area has increased, staff finds the proposed plat to be in substantial compliance with the approved preliminary plat as required. Outstanding Issue(s) for City Council: None Written Testimony: Becky McKay, Applicant's Representative (in agreement w/stafff report) Staff Recommendation: Approval Notes: Item #8B: Reserve West (PP-12.007) Application(s): - Preliminary Plat Size of property, existing zoning, and location: This site consists of 5.02 acres of land zoned R-4, and is located west of Locust Grove Road & east of Jericho Road. Summary of Request: In 2009, the City Council approved the annexation of this property with an R-4 zoning district. The applicant is requesting preliminary plat approval of 14 residential lots & 2 common lots on 5.02 acres of land. The proposed plat is an extension of Reserve Subdivision to the east. The minimum lot size proposed with the plat is 10,000 s.f. & the average lot size is 11,847 s.f. The gross density for the proposed subdivision is 2.79 d.u/ acre, consistent with adjacent development & the R-4 district. Access: Access is provided by E. Commander Street (currently stubbed at the east boundary) via N. Locust Grove Road. The DA for the site requires Commander Street to be extended through the site & connect to Jericho Road as proposed on the plat. Open SpacelAmenities: The proposed plat depicts 13.35% of common open space with this development which exceeds the minimum required amount of 10%. The qualifying open space includes 2 common area lots & 8-foot wide parkways adjacent to the street. Building Elevations: Per the DA, the applicant is required to submit home elevations consistent with the guidelines contained in the Meridian Design Manual. The proposed elevations include a mix of building materials, decorative corbels, predominant eaves, front porches, and variation in the wall planes and the roof lines. The elevations demonstrate consistency with the design manual & the existing homes constructed in Reserve Subdivision. Commission Recommendation: Approval at the June 7, 2012 public hearing Summary of Commission Public Hearing: i. In favor: Jake Centers & Jon Wardle ii. In opposition: None iii. Commenting: Steve Rutherford & Steve Proctor iv. Written testimony: None Key Issue(s) of Discussion by Commission: i. Minimum home sizes proposed for the subdivision. ii. Construction traffic through Reserve Subdivision. Key Commission Change(s) to Staff Recommendation: i. None Written Testimony since Commission Hearing: Jon Wardle, Applicant (in agreement withlCommission Recommendation) Outstanding Issue(s) for City Council: None Notes: Item #8C & D: Paramount North Subdivision (AZ-12.002; PP-12.008) Application(s): - Annexation & Zoning - Preliminary Plat Size of property, existing zoning, and location: The site consists of a total of 26.52 acres of land zoned R-8 and RUT (Ada County), and is located west of N. Meridian Road between Chinden & McMillan. Summary of Request: The applicant has applied for annexation & zoning of 10.03 acres of land with an R-8 zoning district consistent with the FLUM designation of MDR for this property. A conceptual development plan & building elevations were submitted with the annexation request. Because development of the majority of this site is subject to the DA approved with the original Paramount annexation, staff is not recommending a new DA for the portion of the site proposed to be annexed. A preliminary plat is also proposed consisting of 77single-family detached residential building lots & 6 common area lots on 26.52 acres of land, consistent with the proposed concept plan. A portion of this site,16.49 acres, was previously annexed into the City & included in the original preliminary plat as one large 34-acre lot for future SFR uses -the remaining portion of that lot not being re-platted with this application will be re-platted in the future. The CUPIPD approved for the annexed portion of this site in 2003, allowed block lengths in excess of 1,000 feet; reduced building setbacks (front-10', rear-15', side- 5', street side 10'); & minimum street frontages of 50-feet. Access to the site is proposed on the plat via 2 access points -the existing W. Producer Drive via Meridian Rd. at the southeast boundary & N. Fox Run Way via Chinden at the northwest boundary. The applicant is required to provide a minimum of 10% open space (or 2.65 acres), along with 2 site amenities for the subdivision. The applicant proposes a children's play structure, benches, and a section of the City's multi-use pathway as site amenities. A 10-foot wide multi-use pathway is proposed within Lot 38, Block 48 at the southwest boundary as shown on the landscape plan. Commission Recommendation: Approval at the June 7~^ public hearing Summary of Commission Public Hearing: v. In favor: Mike Wardle vi. In opposition: None vii. Commenting: None viii. Written testimony: Mike Wardle (response inagreement w/staff report) Key Issue(s) of Discussion by Commission: None Key Commission Change(s) to Staff Recommendation: i. Strike condition #1.1.1 as recommended by staff as the applicant has revised the plat; ii. As recommended by Staff, add a new condition (#1.1.9) requiring the landscape plan submitted with the final plat application to be revised to include the additional area included in the annexation boundary at the northwest corner of N. Meridian Road & W. Producer Drive. Outstanding Issue(s) for City Council: None Written Testimony since Commission Hearing: None Notes: Item #8E: Sond Subdivision -Lots 4&5, Block 3 (VAC-12.001) Application(s): - Vacation Size of property, existing zoning, and location: This site consists of 0.45 of an acre zoned R-4, located at 1080 N. Crystal Cove Avenue, west of N. Black Cat Road,'/ mile south of W. Cherry Lane. Summary of Request: The applicant requests approval to vacate the (2) 5-foot wide public utility, drainage, and irrigation easements located on the interior shared lot line between Lots 4 and 5, Block 3 of Sond Subdivision. The two lots have been combined into one property through a property boundary adjustment and record of survey. The applicant states there are no utilities within the PUDI easements. All public utilities (Idaho Power, Century Link, Cable One, Intermountain Gas) along with the Sond Subdivision HOA have given consent to relinquish their easements. Approval of the subject vacation will allow the applicant to construct a home over the easement area. Outstanding Issue(s) for City Council: None Written Testimony: Greg Renfrow, Applicant (in agreement w/staff report) Staff Recommendation: Approval Notes: Item #8F: Meridian Town Center (VAR-72-002) Application(s): - Variance Size of property, existing zoning, and location: This site consists of 80 +l-acres of land zoned C-G, located on the northeast corner of Fairview & Eagle. Summary of Request: The applicant requests approval of a variance to UDC 11-3D-8F.4d, which allows properties exceeding 750' of linear street frontage an additional sign height up to 35' & background area up to 200 s.f. for free- standing signs. Only one such sign is allowed per 750' of frontage. The applicant proposes (5) of these type of signs with a background area of 355 s.f. each -155 s.f. over the allowed amount. Staff has done a complete analysis of the signage (# of allowed vs. proposed signs & background area) for the overall site based on the street frontages shown for each lot on the approved final plat. Based on staffs analysis, the property as a whole is allowed a total of (28) 20-foot tall signs with a maximum background area of 80 s.f. each; and a total of (5) 35-foot tall signs with a maximum background area of 200 s.f. each for a collective maximum background area of 3,240 s.f. Instead of utilizing the maximizing number of smaller signs allowed on the site, the applicant proposes to decrease the number of smaller signs from 28 to 11 for a reduction in the overall allowed background area of 1,380 s.f. The applicant proposes to "transfer" a portion of this area that they aren't using to the 5 larger signs and increase the maximum background area on each sign from 200 s.f. to 355 s.f. for an overall increase of 775 s.f.. The applicant is not proposing an increase in the height limit for any signs on the site. The total proposed background area for signage on the site is 2,655 s.f., which is a decrease of 585 s.f. from what is allowed; and the total number of signs proposed is 18, which is a reduction of 17 signs from what is allowed. ".Allowed #.' Proposed AllowedN Proposed It gII6Wetl r Proposed of small p of small` of large .. of large background area background area Lot & Block signs' signs' ' siges~ signsZ (s.fJ (s.f.( Total 28 11 - 5 5' 3240 2655 Written Testimony: None Staff Recommendation: Because the overall number & the background area of the signs are proposed to be reduced significantly over what is allowed by the UDC, staff finds that granting a variance would not allow a right or special privilege that is not otherwise allowed in the district. Further, staff does not find that granting the proposed variance would be detrimental to the public health, safety, and/or welfare and actually is of the opinion that public safety and welfare may be increased by reducing the number of signs on the site providing less of a distraction to the motoring public. Lastly, because there are no site conditions that prohibit compliance with the UDC, staff finds that granting a variance does not relieve an undue hardship because of the characteristics of the site. Although Staff is of the opinion the signage proposed by the applicant for this site is superior to what is allowed by the UDC, staff cannot recommend approval of the variance because all of the findings cannot be met. Therefore, Staff recommends denial of the proposed variance. Notes: Meridian City Council Meeting DATE: July 17, 2012 ITEM NUMBER: 5A PROJECT NUMBER: ITEM TITLE: Approval of Award of Bid and Agreement for Independent Contractor Services for "WWTP Reclaimed Water Onsite Irrigation" to American General Contractors, INC. for a Not-To-Exceed amount of $103,943.00. 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 E IDIAN~- Public ~ D A H O Works Department Mayor Tammy de Weerd CIly Ceundl Meroberfs Keith Bird Brad Hoaglun Charles Rountree David Zaremba TO: PURCHASING FROM: John Boyd Engineering Technician II DATE: July 10, 2012 SUBJECT: WWTP RECLAIMED WATER ONSITE IRRIGATION PROJECT I. DEPARTMENT CONTACT PERSONS John Boyd, Project Manager ............................... Clint Dolsby, Asst. City Engineer ....................... Warren Stewart, PW Engineering Manager........ Tom Barry, Director of Public Works ................. B. DESCRIPTION A. Back ound ..489-0364 ..489-0341 ..489-0350 ..489-0372 The Public Works Department has identified strategic areas for expansion of the reclaimed water program. One of these areas is the open ground to the west of the dewatering building at the Wastewater Treatment Plant. There is interest in growing crops with reclaimed water on this property by local farmers, but without the infrastructure in place the City has been unable to partner with a farmer. B. Proposed Project This project will provide the above infrastructure by installing approximately 3,600 feet of reclaimed irrigation piping, irrigation risers (for future irrigation lines) and leveling the 17 acres to enable farming of the ground. The imgation of the Wastewater Treatment Plant property will decrease effluent wastewater flow and help to meet the 7 million gallon a day NPDES Permit limit at the Wastewater Treatment Plant. Additionally, the irrigation of City owned land provides greater flexibility to add future users while allowing time to complete necessary upgrades to the reclaimed water system. This would enable the City to respond in a timely manner to private requests for the use of the resource. Page 1 of 2 III. IMPACT A. Strategic Impact: This activity aligns with our department's vision of recycling and/or reusing eighty percent of the waste stream. Water reclamation is one means of reusing the waste stream at the Wastewater Treatment Plant. When combined with other technologies, such as biosolids management and beneficial reuse, the department's vision for the year 2030 could be realized. B. FiscalIm~t: Construction Cost ........................................................................................... $103.943.60 Funding Available for Construction -Account #3590-96173 .................... $200,000.00 IV. LIST OF ATTACIIMENTS A. Engineering Construction Cost Estimate B. Purchase Order Requisition APPROVED FOR BID /AWARD PROCESS 7 / z Stewart,~E -Engineering Manager Date Page 2 of 2 O lD n 01 n ~1f n N N W Y CA C i-I YI W N Y Z 0 CW C LL 0 H V Z O a oc ~_ W H N Z OC W Q CW G g V w a W CCQ ~ C N N O W ai ~# ~ Z W ~ ,..~ W O W ~ Z a ~ z W O N d v C Q j N Q ~ T M ~ l0 OD ~ Y m ~ O LL ~ ~ C • O ~ m m } w v • Ua'r`~i~ Q ~ Q y E w ~ w ice' ¢ w r m ~~// n LI. a m $ x m 4 ~ W ~ 3 ~ a m p~ ~ o ¢ rc ~ o m ~ m ~ 1, L ~ . F xx LL LL ~ O ~ a m ~ Y I- ~ U 0 V *( z ~ d ~ :~ a °' ' A ~ . c m ~--~ `m fit a 0 w ~~ wp ~ c 7 z ~ > 0 M ~~ o ~ 00 v O ~ n: ~ 7 p G i ~ pj • o ~ G ~ M r o 0 O m r m ri v> " Z rn p O ~ o 47 '~ _ . ~ a M • A ~ . . -. ~-:. s? -.-:..e: ~ O M O C Ai. F1 _ Q W 'o fIRFF~ s o ~ xII~ ~` xa ~., ~" ~( C C p d of -Y ~ U N k p ~ ~ N ~ ~ O a~ U ~ N C ° O r l0 ~. ~ Y ~ ~ ~ s~ ?~ y ~ N ~ ~ N E .~ O . ~ ~ ~ ~ • o ~ o ~~ n ~ Q a ~ ~ ~ Z 0 U O U m M W 2 O ~ O ~ ~ ~ a .-- Z AGREEMENT FOR INDEPENDENT CONTRACTOR SERVICES (WWTP RECLAIMED WATER ONSITE IRRIGATION) PROJECT # 10244C THIS AGREEMENT FOR INDEPENDENT CONTRACTOR SERVICES is made this day of JULY , 2012, 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 AMERICAN GENERAL CONTRACTORS, INC, hereinafter referred to as "CONTRACTOR", whose business address is P O BOX 1381, MERIDIAN, ID 83680 and whose Public Works Contractor License # is C-15811-C-1-2-3. INTRODUCTION Whereas, the City has a need for services involving WWTP RECLAIMED WATER ONSITE IRRIGATION; 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. WWTP RECLAIMED WATER ONSITE IRRIGATION page 1 of 11 Project 10244C 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 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 aNot-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 $103,943.00. 2.2 The Contractor shall provide the City with a monthly statement, 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. WWTP RECLAIMED WATER ONSITE IRRIGATION page 2 0l 11 Project 10244C 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) September 30, 2012 or (c) unless sooner terminated as provided below or unless some other method or time of termination is listed in Attachment A. 3.2 Should Contractor default in the performance of this Agreement or materially breach any of its provisions, City, at City's option, may terminate this Agreement by giving written notification to Contractor. 3.3 Should City fail to pay Contractor all or any part of the compensation set forth in Attachment B of this Agreement on the date due, Contractor, at the Contractor's option, may terminate this Agreement if the failure is not remedied by the City within thirty (30) days from the date payment is due. 3.4 TIME FOR EXECUTING CONTRACT AND LIQUIDATED DAMAGES Upon receipt of a Notice to Proceed, the Contractor shall have 75 (seventy- five) calendar days to complete the work as described herein. Contractor shall be liable to the City for any delay beyond this time period in the amount of five hundred dollars ($500.00) per calendar day. Contractor will also be liable for liquidated damages in the amount of 500 per calendar day for each of the two (2) milestone requirements listed in the project schedule. Such payment(s) 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. 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 W WTP RECLAIMED WATER ONSITE IRRIGATION page 3 of 17 Project 10244C 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: 5.1 In all matters pertaining to this agreement, CONTRACTOR shall be acting as an independent contractor, and neither CONTRACTOR nor any officer, employee or agent of CONTRACTOR will be deemed an employee of CITY. Except as expressly provided in Attachment A, Contractor has no authority or responsibility to exercise any rights or power vested in the City and therefore has no authority to bind or incur any obligation on behalf of the City. The selection and designation of the personnel of the CITY in the performance of this agreement shall be made by the CITY. 5.2 Contractor, its agents, officers, and employees are and at all times during the term of this Agreement shall represent and conduct themselves as independent contractors and not as employees of the City. 5.3 Contractor shall determine the method, details and means of performing the work and services to be provided by Contractor under this Agreement. Contractor shall be responsible to City only for the requirements and results specified in this Agreement and, except as expressly provided in this Agreement, shall not be subjected to City's control with respect to the physical action or activities of Contractor in fulfillment of this Agreement. If in the performance of this Agreement any third persons are employed by Contractor, such persons shall be entirely and exclusively underthe 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 specifically W WTP RECLAIMED WATER ONSITE IRRIGATION page 4 of 11 Project 10244C agrees that it will maintain, throuahout the term of this Agreement, liability insurance, in which the CITY shall be named an additional insured in the minimum amounts as follow: General Liability One Million Dollars ($1,000,000) per incident or occurrence, Automobile Liability Insurance One Million Dollars ($1,000,000) per incident or occurrence and Workers' Compensation Insurance, in the statutory limits as required by law.. The limits of insurance shall not be deemed a limitation of the covenants to indemnify and save and hold harmless CITY; and if CITY becomes liable for an amount in excess of the insurance limits, herein provided, CONTRACTOR covenants and agrees to indemnify and save and hold harmless CITY from and for all such losses, claims, actions, orjudgments 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 CITYwith a Certificate of Insurance, or other proof of insurance evidencing CONTRACTOR'S compliance with the requirements of this paragraph and file such proof of insurance with the CITY at least ten (10) days prior to the date Contractor begins performance of it's obligations underthis 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. W WTP RECLAIMED WATER ONSITE IRRIGATION page 5 of 11 Project 10244C 6.6 The limits of insurance described herein shall not limit the liability of the Contractor and Contractor's agents, representatives, employees or subcontractors. 7. Bonds: Payment and Performance Bonds are required on all Public Works Improvement Projects per the ISPWC and the City of Meridian Supplemental Specifications & Drawings to the ISPWC, which by this reference are made a part hereof. 8. Warranty: Contractor must warrant the project per the ISPWC and the City of Meridian Supplemental Specifications & Drawings to the ISPWC, which by this reference are made a part hereof. 9. Notices: Any and all notices required to be given by either of the parties hereto, unless otherwise stated in this agreement, shall be in writing and be deemed communicated when mailed in the United States mail, certified, return receipt requested, addressed as follows: CITY CONTRACTOR City of Meridian AMERICAN GENERAL CONTRACTORS, INC Purchasing Manager Attn: Byion Barnett 33 E Broadway Ave P O Box 1381 Meridian, ID 83642 Meridian, ID 83680 208-888-4433 Phone: 208-895-8321 Email: agci@cableone.net Idaho Public Works License # C-15811-C-1-2-3 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 WWTP RECLAIMED WATER ONSITE IRRIGATION page 6 of 11 Project 10244C 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. 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 complywith 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. W WTP RECLAIMED WATER ONSITE IRRIGATION page 7 of 11 Project 10244C 19. Construction and Severability: If any part of this Agreement is held to be invalid or unenforceable, such holding will not affect the validity or enforceability of any other part of this Agreement so long as the remainder of the Agreement is reasonably capable of completion. 20. Waiver of Default: Waiver of default by either party to this Agreement shall not be deemed to be waiver of any subsequent default. Waiver or breach of any provision of this Agreement shall not be deemed to be a waiver of any other or subsequent breach, and shall not be construed to be a modification of the terms of this Agreement unless this Agreement is modified as provided above. 21. Advice of Attorney: Each party warrants and represents that in executing this Agreement. It has received independent legal advice from its attorney's or the opportunity to seek such advice. 22. Entire Agreement: This Agreement contains the entire agreement of the parties and supersedes any and all other agreements or understandings, oral of written, whether previous to the execution hereof or contemporaneous herewith. 23. Order of Precedence: The order or precedence shall be the contract agreement, the Invitation for Bid document, then the winning bidders submitted bid document. 24. Public Records Act: Pursuant to Idaho Code Section 9-335, et seq., information or documents received from the Contractor may be open to public inspection and copying unless exempt from disclosure. The Contractor shall clearly designate individual documents as "exempt" on each page of such documents and shall indicate the basis for such exemption. The CITY will not accept the marking of an entire document as exempt. In addition, the CITY will not accept a legend or statement on one (1) page that all, or substantially all, of the document is exempt from disclosure. The Contractor shall indemnify and defend the CITY against all liability, claims, damages, losses, expenses, actions, attorney fees and suits whatsoever for honoring such a designation or for the Contractor's failure to designate individual documents as exempt. The Contractor's failure to designate as exempt any document or portion of a document that is released by the CITY shall constitute a complete waiver of any and all claims for damages caused by any such release. 25. Applicable Law: This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Idaho, and the ordinances of the City of Meridian. 26. Approval Required: This Agreement shall not become effective or binding until approved by the City of Meridian. W WTP RECLAIMED WATER ONSITE IRRIGATION page 8 of 11 Project 10244C CITY OF MERIDIAN AMERICAN GENERAL CONTRACTORS, INC ,~~ TAMMY de W ,MAYOR BYION~~/T`T, Vice President Dated: ~~ 17- 13. DateC d; // ~ /y Approved by Council: I I ~-- ~ T aDnPT6D AUCU`5T _ IDMHD WWTP RECLAIMED WATER ONSITE IRRIGATION Project 10244C Purchasing Approval °`~,~ Ste' a ent A pr val _ R'T ~Ie T&E E9U`b BY:~~ / ~ BY: KEITW WAT~sing anv~ager W STE AR ,Engineering Manager Dated:: ~~/ d~/ Z Dated:: T~_ page 9 of 11 Attachment A SCOPE OF WORK REFER TO INVITATION TO BID PW-12-10244C ALL ADDENDUMS, ATTACHMENTS, AND EXHIBITS included in the Invitation to Bid Package # PW-12-10244C, are by this reference made a part hereof. WWTP RECLAIMED WATER ONSITE IRRIGATION page 10 of 11 Project 10244C Attachment B MILESTONE/PAYMENT SCHEDULE A. Total and complete compensation for this Agreement shall not exceed $103,943.00. Milestone 1 Substantial Completion 60 (sixty) days from Notice to Proceed Milestone 2 Final Completion 75 (seventy-five) days from Notice to Proceed Contract includes furnishing all labor, materials, equipment, and incidentals as required for the WWTP RECLAIMED WATER ONSITE IRRIGATION per IFB PW-12-10244C Total Bid Schedule ...................$103,943.00 CONTRACT TOTAL ....................... $103.943.00 Item No. Descri lion Quantit Unit Unit Price 2o1.a.1.e.1 Clearin and Grubbin includes s oil removal 1 L5 $5,000.00 202.4.1. D.1 Excavation (Includes Embankment and 1' Berm 1 LS $19,000.00 205.4.1.8.1 Dewaterin 1 LS $1,500.00 505.4.2.A.1 6" HDPE Pressure Sewer Pipe (to be Supplied b Cit of Meridian 3,618 LF $17.00 606.4.2.8.1 Taxes on Cit Su lied Pi a Fixed Amount 1 L5 $437.60 1001.4.1.A.1 Stormwater Pollution Prevention SWPPP 1 LS $10,500.00 zolo.a.1.A.1 Mobilization 1 L6 $5,000.00 Travel expenses, if applicable, will be paid at no more than the City of Meridian's Travel and Expense Reimbursement Policy. WWTP RECLAIMED WATER ONSITE IRRIGATION page 11 of 11 Project 10244C Meridian City Council Meeting DATE: July 17, 2012 ITEM NUMBER: 5B PROJECT NUMBER: ITEM TITLE: Non-Disclosure Agreement with A-T Solutions MEETING NOTES ~„mod Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS A~TSo/utions Securing Your World Integrity • Commilm?nl • (lnalily Parformanre NON-DISCLOSURE AGREEMENT THIS NON-DISCLOSURE AGREEMENT (this "Agreement") is entered into as of this 10th day of July, 2012 (the "Effective Date"), by and between: A-T Solutions, Inc., a Virginia Corporation with a Corporate address of 10304 Spotsylvania Ave., Ste. 200, Fredericksburg, VA 22408 ("A-TS"); and City of Meridian -Meridian Police Department, an Idaho corporation with a business address at 33 E. Broadway Ave., Meridian, ID 83642 (the "Company' and with A-TS collectively, the "Parties" and individually, a "Party'). WITNESSETH: WHEREAS, the Company wishes to disclose to A-TS confidential information regarding its operations and strategic plans in order to discuss a possible commercial or strategic relationship; WHEREAS, in connection with such discussions, A-TS may disclose to the Company confidential information regarding the core software technolonv develoaed bvA-T Solutions NOW THEREFORE, in consideration for the mutual promises and covenants herein contained, the Parties agree as follows: DEFINITIONS For the purposes of this Agreement: "Information" means any information, shall include, but is not limited to, technical, business or sanitized financial information, whether conveyed verbally (and confirmed in writing within 5 days after disclosure), by any form of electronic transmission, in writing or in other tangible form, and clearly labeled as "Proprietary' or "Confidential" or similar marking, except that the following will not constitute "Information" for purposes of this Agreement: (i) information that was known by either Party prior to the disclosure thereof under this Agreement through no breach of any third party obligation of confidentiality; (ii) information that is or becomes generally available to the public other than as a result of a disclosure directly or indirectly by either Party; (iii) information that is independently developed by either Party without reference to the Information; or (iv) information that is or becomes available to either Party on anon-confidential basis from a source other than Company or A-TS, as applicable, provided that such source has represented to such Party that it is not bound by any obligation of confidentiality in relation thereto. NDA_12-GENE-029 Page 1 A•TSo/utions Securing Your World InteorilY • OnmmifinenY • (luality PerFormanoe (v) Information that is disclosed with the written approval of the other Party, (vi Information that is disclosed pursuant to the provisions of a court order or the Idaho Public Records Act.. (vii) furnished by the Disclosing Party to the U.S. Government with "unlimited rights" 2. CONFIDENTIALITY The Parties agree that Confidential Information shall be used only for the purposes of evaluating a possible strategic or commercial relationship and for no other purpose to include any manner contrary to the export laws and regulations of the United States of America. The Parties further agree that for one (1) year from the date of disclosure hereunder, they shall keep the Information received from the other Party confidential and shall not disclose or disseminate the Information other than to the employees and advisors of such Party who need to know such Information for the purpose of assisting in the contemplated discussions. In addition, each Party agrees not to make copies of such information except as necessary to assist a Party in its investigation of the other Party. 3. STANDARD OF CARE Each Party shall take all necessary and appropriate action to safeguard the Information from disclosure to anyone other than as permitted hereby and, at a minimum, use efforts commensurate with those that such Party employs for protecting the confidentiality of corresponding information of its own, but in no event less than reasonable care. If either Party loses or makes unauthorized disclosure of the other Party's protected information, it shall notify such other Party immediately and lake all steps reasonable and necessary to retrieve the lost or improperly disclosed information. 4. CONFIDENTIALITY OF NEGOTIATIONS Without prior written consent of the other Party, a Party shall not disclose to any third party the fact that Information has been made available to a Party or that it has inspected any portion of the Information. All press releases or other public communications of any sort by either Party relating to this Agreement or a possible transaction between the Parties, and the method of the release for publication thereof, will be subject to the approval of both Parties, which approval shall not be unreasonably withheld by either Party. NDA_12-GENE-029 .Page 2 A~So/utions Securing Your World Inteori}~r • Commilmenr • r?valih~ Performance 5. 6. NOTICES In order for either Party's proprietary information to be protected as described herein, it must be submitted written form as set forth in section (1) above to the individuals listed below: A-T Solutions, Inc. For Technical Matters Name: Bill Tackett Title: Inside Sales Manager Address: 8645 W. Franklin Rd. Boise, ID 83709 Telephone: 208-908-4753 Fax:208-322-6031 Email: billtackettCa~a-tsolutions.com For Contractual Matters Name: Tawana Young Title: Contracts Administrator Address: 10304 Spotsylvania Ave., Ste 200 Fredericksburg, VA 22408 Telephone: 540-373-9542 Fax: 540-373-9543 Email: tawanavounaCa~a-tsolutions.com COMPELLED DISCLOSURE City of Meridian -Meridian Police Department For Technical Matters: Name: Mike Tanner Title: Software Engineering Manager Address: 33 E. Broadway Avenue Meridian, ID 83642 Telephone: (208) 489-0505 Fax: (208) 489-0494 Email: mtannerna meridiancitv.orp For Contractual Matters Name: Emily Kane Title: Deputy City Attorney Address: 33 E. Broadway Avenue Meridian, ID 83642 Telephone: (208) 898-5506 Fax: (208)884-8723 Email: ekane(a~meridiancitv.oro In the event that either Party or any of its respective members, directors, officers, employees or advisors becomes legally compelled to disclose any of the Information furnished by the other Party, it shall provide the other Party with prompt prior written notice of such requirements so that the other Party may seek a protective order or other appropriate remedy andlor waive compliance with the terms of this Agreement, which waiver may not be unreasonably withheld. In the event that such protective order or other remedy is not obtained, or that the other Party waives compliance with the provisions hereof, such Party agrees to furnish only that portion of the Information which is legally required and to exercise reasonable efforts to obtain assurances that confidential treatment will be accorded to such Information. NDA_12-GENE-029 Page 3 A~TSo/utions Securing Your World Infr.~rity • CnmmilmrnY • Oiiallfv PFrformance TERMINATION AND RETURN OF INFORMATION Each Party, promptly upon the written request of the other Party, will destroy and provide the receiving party of such destruction or deliver to the other Party all documents furnished by or on, behalf of to other Party which constitutes Information (including any notes, analyses, memoranda, computer data or other work product produced by such Party) without retaining any copies thereof. The confidentiality obligations set out in Section 2 above and the non-solicitation restriction set out in Section 8 below shall survive any such return or destruction of Information for the time periods specified therein. 8. REPRESENTATION Each Party acknowledges that the other Party makes no representation or warranty as to the accuracy or completeness of any of the Information furnished by or on its behalf. Only those representations and warranties which are made in a final definitive agreement relating to the purpose of the disclosure of the Information will have legal effect. Moreover, the receiving Party understands that the Information is not being furnished for use in an offer or sale of securities of the disclosing Party and is not designed to satisfy the requirements of federal or state securities law in connection with any offer or sale of such securities to the receiving Party. 9. BUSINESS RELATIONSHIPS/NON-SOLICITATION OF EMPLOYEES OR PROSPECTS Neither Party hereto will actively recruit employees of the other through contacts made in preparing the Proposal. This clause is not intended to preclude an employee's right to pursue, on his own initiative, employment opportunities available with Prime Contractor or Subcontractor. This clause will remain in effect for a period of one year after termination of this Agreement. 70. INCORPORATION OF INFORMATION The Receiving Party may, in furtherance of the Parties' mutual objectives, incorporate Proprietary Information received hereunder in a proposal, report, or other submittal to the U.S. Government provided the Proprietary Information disclosed to the Government bears the appropriate legends in accordance with this Agreement and as permitted by Government regulations. 11. DATA RIGHTS Nothing contained in this Non-Disclosure Agreement shall, by express grant, implication, estoppels or otherwise, create in either Party any right, title, interest, or license in or to the inventions, patents, technical data, computer software, or software documentation of the other Party: 12. FOREIGN CORRUPT PRACTICES ACT (FCPA). Both parties hereby agree that they will fully comply with this FCPA clause and with anticorruption rules. A declaration from one party may be required to state that: 1. They are informed of the obligation of conformity to the anticorruption rules that must be applied by both Parties so that the pecuniary obligation based on the agreement, shall not be NDA_12-GENE-029 Page 4 A~So/utions Securing Your World Integrity • Clnmmitmenr • RuTliry Performanrn used for illegal purposes, including payments that are breaking anticorruption rules such as: direct or indirect offer or payment to any government officials, aimed at influencing or provoking favorable decision of the public governing body on which basis the ATS or Party may acquire unlawrul benefits; 2. They agree to supply information upon written request from ATS concerning party's receipt and use of payments under this Agreement; 3. They are not a government official, and does not and will not employ or otherwise compensate or offer to compensate any government officials, or make or cause another to make any direct or indirect offers or payments to any government officials, for the purpose of influencing or inducing any government decision for the benefit of ATS; 4. They will not employ any subcontracting party, consultant, or representative in connection with this Agreement without prior thorough documented examination of said person and/or company, its reputation and integrity and approval by ATS; 5. They shall not employ any subcontracting party, consultant, legal representative that do not comply with anticorruption rules. In addition, party is abiding to notify ATS immediately in the case of infringement of such rules or his knowledge about it. Party agrees that the documentation of party shall be deemed as incomplete and ATS may terminate the Contract in case of non-conformances by party with this FCPA clause and/or its refusal of making required statements 13. WAIVER Any failure or delay in exercising any rights, power or privilege hereunder will not operate as a waiver thereof, nor will any single or partial exercise preclude any other further exercise thereof. 14. ASSIGNMENT This Agreement may not be assigned in whole or in part by any Party without the prior written consent of the other Party. 15. REMEDIES The Parties acknowledge that money damages would not be a sufficient remedy for any breach of this Agreement by a Party and that a Party will be entitled to specific performance and injunctive relief as remedies for any such breach. Such remedies will be in addition to any other remedies available. 16. SEVERABILITY If any provision of this Agreement is held to be invalid or unenforceable in whole or in part, such invalidity or unenforceability shall attach only to such provision or part thereof and the remaining part of such provision and all other provisions hereof shall continue in full force and effect. NDA_12-GENE-029 Page 5 A~So/utions Securing Your World IntFlnrity • CommlfmPnY • Qr~~liry Pe-rformance 77. GOVERNING LAW This Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia, without reference to its provisions of conflict of laws and the Parties agree to submit to personal jurisdiction in the Commonwealth of Virginia for all claims and actions arising under this Agreement. 18. ENTIRE AGREEMENT This Agreement constitutes the entire agreement and understanding between the Parties hereto in connection with the subject matter hereof, and supersedes any previous representations, negotiations and agreements (whether oral or written) on the subject matter. This Agreement shall not be amended or modified in any manner, except by an instrument in writing signed by a duly authorized representative of each of the Parties hereto. IN WITNESS WHEREOF, the Parties have caused their duly authorized representatives to execute this Agreement as of the Effective Date. Each Party also hereby agrees that a facsimile copy or copies of one or both signatures hereto shall have the full force and effect as an original. A-T SOLUTIONS, INC. CITY OF MERIDIAN -MERIDIAN POLICE DEPARTMENT ey~QuJana~ , ~~ a~ ~~~~- Name: Tawana M. Young Name: / dr !/~~ Title: Contracts Administrator Title: y~ NDA_12-GENE-029 Page 6 Meridian City Council Meeting DATE: July 17, 2012 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: Temporary Construction Easement Agreement with Lynx Investments, LP 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 E IDIAN~-- Public ~ D A H O Works Department Mayor Tammy de Weerd CIly Ceunall Memberlr Keith Bird Brad Hoaglun Charles Rountree David Zaremba TO: Mayor Tammy de Weerd Members of the City Council FROM: Roxanne Holland, E1T Staff Engineer DATE: July 3, 2012 SUBJECT: TEMPORARY CONSTRUCTION EASEMENT AGREEMENT WITH LYNX INVESTMENTS, LP (NEXT AVAILABLE CONSENT AGENDA) I. RECOMMENDED ACTION A. Move to: 1. Approve the Temporary Construction Easement Agreement with Lynx Investments, LP; and 2. Authorize the Mayor to sign the easement. H. DEPARTMENT CONTACT PERSONS Roxanne Holland, Staff Engineer (Project Manager) Clint Dolsby, Assistant City Engineer Warren Stewart, Engineering Manager Tom Barry, Director of Public Works 489-0347 489-0341 489-0350 489-0372 Page 1 of 2 III. DESCRIPTION A. Background Two years ago, the Public Works Department replaced a sewer line located in a shopping center off of Fairview Ave. The sewer line was in extremely poor condition and had to be replaced prior to other lines in the area, which are scheduled to be replaced with the Split Corridor Phase 2 project. B. Proposed Project The proposed temporary construction easement will allow the contractor to connect the portion replaced 2 years ago to the proposed sewer line that will be installed with the Split Corridor Phase 2 project. IV. IMPACT A.Fiscal Impact: This easement agreement holds no monetary exchanges between the City of Meridian and Lynx Investments, LP. V. TIME CONSTRAINTS Council's approval of the agreement is critical for the installation of the connecting sewer line. The project is scheduled to bid in August and construction is anticipated to begin in October. VI. LIST OF ATTACHMENTS A. Temporary Construcit Ease ent Approved for Council Agenda: _1~ D e Page 2 of 2 ~~ w~ R~~ TEMPORARY CONSTRUCTION EASEMENT THIS INDENTURE, made this _ day of , 20_between , Lyrix Investments. LP ,the parties of the first part, and hereinafter called the Grantors, and the City of Meridian, Ada County, Idaho, the patt7r of the second pant, and hereinafter called the Urantee; WITNESSETH: WHEREAS, the Grantors desire toprovide a sanitary sewer right-of--way across thepremises and property hereinafter particularly bounded aqd described; and WHEREAS, the sanitary sewer is to be provided for through an underground pipeline to be constructed by others and or Grantee; and NOW, THEREFORE, inconsideration of the benefits to be received by the Grantors, and other good and valuable consideration, the Grantors do hereby give, grant and convey unto the Grantee the right-of-way foi' an easement for the consnvc_tion of a sewer line over and across the following described property: (SEE ATTACHED EXHIBIT A) The temporary construction easement is for the purpose of construction of a sanitary sewer line and related incidental work and storage ofmaterials related to the construction process. TO HAVE AND TO HOLD, the said easement and right-of--way unto the said Grantee, its successors and assigns shall be temporary: The termination ofthis easement shall expire 30 days after the installation and acceptance of said sewer line by the Gralrtee• IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after installing and accepting said sewer line, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such repairs and maintenance. However, Granteeshal] not be responsible for repairing, replacing or restoring anything placed withinthe area described in this easement that was placed there in violation of this easement. THE GRANTORS hereby covenant and agree that they will not place or allow to he placed any permanent structures, trees, brush, or peremrial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, For the pwposes stated herein. TEMPORARY CONSTRUCTION EASEMENT.doc THE GRANTORS hereby covenant and agree with the Grantee that should any part of the right-of--.way and easement hereby granted shall become part of, or ]ie within the boundaries of any public street, then, to such extent, such right-of--way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTORS do hereby covenant with the Grantee that they are lawfully seized and possessed of the aforementioned and described tract of land, and that they have a good and lawful right to convey said easement, and that they will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said parties of the fast part have hereunto subscribed their signatures the day and year first herein above written. GRANTOR: _ ~~ Jose Huai te, Managing Partner /963 e. (3tuE 77rk. sr- Men-~r~/p.-1 Addt'ess 336Yy omn•rn nn lr nvn\ ~"~~ ~~ ~~- ~~ , D..LI:.. :_ ...,d C .......;.1 ca • «Al.. ..««e..«oA TPC ~[ / 'mIR TAT tS I1TATL'QO \VUL'D 1JnB T L....,. I_,.........a.. ..va ...... M..«A ..«.1 ..FA..ed ...., nF4:.,:,.1 m..l tAe dn.. ....1 - u ~~ ~~~ uAan« D --'TCP~!r p'nf ~i Q w I~ TEMPORARY t'nnlemo r rnmrnn~ c n ennnCTlm Po ~ d..e GRANTEE: CITY OF MERIDIAN s~~C~:-c1~XF'/~ Tammy de e d, Mayor i ~ cry of Est by~cee L. Holman, City Clerk VVl ~ r~ ~onxa Approved By City Council On: ~^A 5 °~ ie~ r ~ 3 6N-#his € > n..~i:.. :_ „_~ r _....:a n«..«,. _ _..n... ..,,a mnnrtn,rv n~ ~x~nnnr~ ...,a rnvr~c r , , ne,..da :.................a d....,..,....,. C..,.4 ..L,...,, ., «:: u..... ~T: DO CORD A~~~~ ~ t ~~ ~~ D ~~~~~. '~ha ,~ a3t.INt~ Ne}- fi ~ F~..c~, TEMPORARY f °: ~ '=i,': i m 0 N ~ s u ~ ~ ~ ~ ~ H ~ ~ ~ CITY OF MERIDIAN CIVIL SURVEY ~ CONSULTANTS, INC. ` ~ ° ~ MERIDIAN ROAD AND MAIN STREET cowaocrmc ewcrossws ewn uxn eusvsxows 0 o ~ e SPLD' CORRIDOR PHASE 2 eoo w.,mim„a amm ~ . 4 . WATER AND FEWER IMPROVEMENTS e~~~ui~ema w ezuz , "r. pie Meridian City Council Meeting DATE: July 17, 2012 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: Water Main Easement Agreement with MGT Legacy Church 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 E IDIAN~-- Public ~ D A H O Works Department TO: Mayor Tammy de Weerd Members of the City Council FROM: Roxanne Holland, EIT Staff Engineer DATE: July 3, 2012 Mayor Tammy de Weerd City Ceendl Mem6eea Kelth Bird Brad Hoaglun Charles Rountree David Zaremba SUBJECT: WATER MAIN EASEMENT AGREEMENT WITH MGT LEGACY CHURCH (NEXT AVAILABLE CONSENT AGENDA) I. RECOMMENDED ACTION A. Move to: 1. Approve the Water Main Easement Agreement with MGT Legacy Church; and 2. Authorize the Mayor to sigi the easement. II. DEPARTMENT CONTACT PERSONS Roxanne Holland, Staff Engineer (Project Manager) Clint Dolsby, Assistant City Engineer Warren Stewart, Engineering Manager Tom Barry, Director of Public Works 489-0347 489-0341 489-0350 489-0372 Prtgc 1 of 2 III. DESCRIPTION A. Backeround As part of the Split Con•idor Phase 2 project, the Public Works Department is replacing a water main in Meridian Road and installing new meters at each property. Due to the realignment of the road, a water meter had to be placed outside of the right-of--way in the property owned by MGT Legacy Church, requiring the acquisition of a water main easement. B. Prouosed Proiect The proposed easement will allow Public Works Staff to access the area for maintenance or repairs to the water meter, if necessary. IV. IMPACT A. Fiscal Lnnact: This easement agreement holds no monetary exchanges between the City of Meridian and MGT Legacy Church. V. TIME CONSTRAINTS Council's approval of the agreement is critical for the installation of the new water meter. The project is scheduled to bid in August and construction is anticipated to begin in October. VI. LIST OF ATTACIIMLNTS A. Water Main Easemen Approved for Council Agenda: 'y J Z to Page 2 of 2 ADA COUNTY RECORDER Christopher 0. Rich AMOUNT .00 F BOISE IDAHO 07118/12 11:49 AM DEPUTY Bonnie 06erbillig III I IIIIIII IIIIIIIIII I I IIIII IIII II III RECORDED-REDDEST OF 112079473 Meridian Ciry WATER MAIN EASEMENT THIS INDENTURE, made this ~ day of Jvl , 20r Z between the MGT Legacy Church, the parties of the first part, and hereinafter called the Grantors, and the City of Meridian, Ada CounTy, Idaho, the party of the second part, and hereinafter called the Grantee; WITNESSETH: WHEREAS, the Grantors desire to provide a water main right-of--way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the water main is to be provided for through an underground pipeline to be constructed by others; and WHEREAS, it will be necessary to maintain, service and subsequently connect to said pipeline from time to time by the Grantee; NOW, THEREFORE, in consideration ofthe benefits to be received by the Grantors, and other good and valuable consideration, the Grantors do hereby give, grant and convey unto the Grantee the right- of-way for mr easement for the construction, operation, maintenance, repair, replacement of a water main over and across. the following described property: (SEE ATTACHED EXHIBIT A and B) The easement hereby granted is for the purpose of construction and operation of a water line and their allied facilities, together with their maintenance, additional connection thereto, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of--way unto the said Grantee, iYs successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after construction, making repairs, performing other maintenance or making subsequent connection to the water line, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such construction, repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. THE GRANTORS hereby covenant and agree that they will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTORS hereby covenant and agree with the Grantee that should any part of the right-of- way and easement hereby granted shall become part of, or lie within the boundaries of any public street, then, to such extent, such right-of--way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. Water Main Easement EASMT WTR-l.doc THE GRANTORS do hereby covenant with the Grantee that they are lawfully seized and possessed of the aforementioned and described tract of land, and that they have a good and lawful right to convey said easement, and that they will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatares the day and year first herein above written. GRANTOR: MGT LEGACY CHURCH Ralph owe, tairman of the Board ~.J d7 ~/. Y'I.E~•i`d<<2ti ~~i /~lBri(1i~.1/J ~36'~~ Address STATE OF IDAHO ) ss County of Ada ) S On this ~~ day of U ~~ ~ , 20 ~~, before me, the undersigned, a Notary Public in and for said State, personally appeared Ralph Lowe known or identified to me to be the Chairman ofthe Board, respectively, of the MGT Legacy Church that executed the within instrument, and acknowledged to me that the MGT Legacy Church executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year fist above written. (SEAL) ~~~~ NOTARY PUBLIC FOR IDAHO Residing at LAG[ C.pU-yi Commission Expires: / Water Main Easement EASMT WTR-l.doc GRANTEE: CITY OF MERIDIAN Tammy d erd, Mayor city of L. Holman, City Clerk ~L j1/~ E1~Lrn1~ ~onxo Approved By City Council ,r n. STATE OF IDAHO ) ss County of Ada ) On this 11 day of wl ~~ , 20~, 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. 5S o . ~S ••~ OF N.• °•••.•• Water Main Easement { ~' ~~N ~ NO ARY PUB IC FOR IDAHO EAL) Residing at: ~--~QXi d-av~ t n Commission Expires:~~o.v~ 4 , 2.0- ~ EASMT WTR-l.doc EASEMENT DESCRIPTION FOR THE CITY OF MERIDIAN, IDAHO WATERLINE EASEMENT An easement for waterline purposes located in the NE %4 of the NE '/4 of Section 12, Township 3 North, Range 1 West, Boise Meridian, and being a part of Lot 17 of Block 1 of WILSON ADDITION as shown in Book 12 of Plats at Page 708 in the office of the .Recorder, Ada County, Idaho, more particularly described as follow: Commencing at a brass cap monument marking the northeasterly comer of said NE '/4 of the NE %a from which a brass cap. monument marking the southeasterly corner of the NE '/4 of said Section 12 bears. S 0°23' 19" W a distance of 2652.11 feet; Thence S 0°23' 19" W along the easterly boundary of said NE '/a of the NE '/4 a distance of 621.73 feet to a point; Thence leaving said easterly boundary N 89°36'41" W a distance of 45.68 feet to the POINT OF BEGINNING; Thence continuing N 89°36'41" W a distance of 14.90 feet to a point; Thence S 2°28'01" E a distance of 20.02 feet to a point; Thence S 89°36'41" E a distance of 14.90 feet to a point; Thence N 2°28'01" W a distance of 20.02 feet to the POINT OF BEGINNING. This parcel contains 298 square feet (0.007 acres) and is subject to any other easements existing or in use. Prepared by: Glenn K. Bennett, PLS Civil Survey Consultants, Incorporated June 18, 2012 ~J~r '~0$1 ~~ K. BE~~ EXHIBIT B POTABLE WATER EASEMENT LOCATED /N THE NE 1/4 OF THE NE 1/4 OF SECT/ON 12, TOWNSH/P 3 NORTH, RANGE 1 WEST, BO/SE MER/D/AN, ADA COUNTY, /DAHO. SPLIT CORRIDOR RIGHT-OF-WAY y l ' : O I N ~ I ~ POINT OF Z I BEGINNING Q _ N 89'36'41" W ' - - - - - - Z m r14.90 45.68' W al° P m i WILSON ADDITION °In~i_ N~~ s. BLOCK 1 mL:~ 4i94~ ~ N 1O . . S 89'36'47" E N ~ ~ LOT17 ~ `~ ° M 3 I O N _ p~ I ~ ~ N O I I (A I ft ELM STREET 10 20 40 60 SCALE: 1"=20' Meridian City Council Meeting DATE: July 17, 2012 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: Water Easement for Meridian High School Tennis Courts MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE F/NAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS ADA COUNTY AECOADER Christopher D. Rieh AMOUNT .00 ; BOISE IDAHO 07125112 02:00 PM DEPUTY Bonnie 06erbillig III IIIIIIIIII'IIIIIIIIIII IIIIII'll III RECORDED-REQUEST OF Meridian Ciry 112073b19 WATER MAIN EASEMENT p~S~C~~ ~~,~ THIS INDENTURE, made this 1=1 day of J~1a , 20 ~z between~~~ ~\ 3~- `~~~ ,the parties of the first part, and hereinafter called the Grantors, and the City of Meridian, Ada County, Idaho, the party of the second part, and hereinafter called the Grantee; WITNESSETH: WHEREAS, the Grantors desire to provide a water main right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the water main is to be provided for through an underground pipeline to be constmcted by others; and WHEREAS, it will be necessary to maintain, service and subsequently connect to said pipeline from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantors, and other good and valuable consideration, the Grantors do hereby give, grant and convey unto the Grantee the right- of-way for an easement for the constmction, operation, maintenance, repair, replacement of a water main over and across the following described property: (SEE ATTACHED EXHIBIT A and B) The easement hereby granted is for the purpose of constmction and operation of a water line and their allied facilities, together with their maintenance, additional connection thereto, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the'said easemenfand right-of-way unto the said Grantee, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after construction, making repairs, performing other maintenance or making subsequent connection to the water line, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such constmction, repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described i~,t~js,e~sement that was placed there in violation of this easement. .~ ~, ~ , ,~; ~ '>.,, THE GRANTORS hereby covenant and agree that they will not pla{;ewt5sr allow„„~ ~~ 1~Ced any permanent. structures, trees, brush, or perennial shrubs or flowers witli~h tHe'~are~ d`eS'crt~ed fpr this easement, which would interfere with the use of said easement, far the'~purpo'Ses' stated h~r~ir THE GRANTORS hereby covenant and agree with the Grantee that sho&ld any put Qf the right-of- way and easement hereby granted shall become part of, or lie withiti• ttie' bpfitll'dai'igs bf~'ady public street, then, to such extent, such right-of-way and easement hereby granted, wli~ch'lieswithin such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. Water Main Easement EASMT WTR.doc GRANTEE: CITY OF MERIDIAN Tammy de e d, Mayor ~Qo~,gEDA000yy,~ Z by xa;lcee L. Holman, City Clerk ~`~ " ~ P\i' i~ SEAI- n. Approved By City Council STATE OF IDAHO ) ss County of Ada ) On this ~, day of~ , 201 Z ,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. ~.....• ••1pA JO'•. ~{v; $o ~4~•~s•: .r `, (SEAL) ••~ TE OF N; ••.....• ~d1C ~- a N TARY PU IC FOR O Residing at: t~-"1P~r~rAt o~.v-~ I t~ Commission Expires: , ~a.vi ~ 2u1 Water Main Easement EASMT WTR.doc sr %% Page 1 of 1 ~~ 7HF LANO GROUP, IN C, June 4, 2012 Project No. 112014 Meridian Water Line Easement Meridian School District No. 2 454 Square Feet E)(HIBIT "A" An easement situated in a portion of the Southeast One Quarter of the Northeast One Quarter of Section 11, Township 3 North, Range 1 West, Boise Meridian, City of Meridian, Ada County, Idaho, described as follows: Commencing at the East One quarter corner of said Section 11, thence following the easterly line of said Section 11, North 0°35'31" East a distance of 463.39 feet to a point which bears South 0°35'31" West a distance of 2,185.57 feet from the Northeast Corner of said Section 11; Thence leaving said easterly line, North 89°47' 22" West a distance of 148.55 feet to the POINT OF BEGINNING. Thence South 0°12'38" West a distance of 18.38 feet; Thence North 89°47'22" West a distance of 24.70 feet; Thence North 0°12'38" East a distance of 18.38 feet; Thence South 89°47'22" East a distance of 24.70 feet to the POINT OF BEGINNING. The above-described easement contains 454 square feet, more or less. Attached hereto is Exhibit "B" and by this reference is made a part hereof. Prepared By: THE LAND GROUP, INC. 462 E. SHORE DRIVE, SUITE 100 EAGLE, IDAHO 83616 208-939-4041 208-939-4445 (FAX) Site Plnnning • Lonrlscnpe Arciritectur e e Civil Engineering • Gol/ Co~ a lrrignl iun & Engineering • Grvphic Communicnflon • Surveying 462 E. Shore Drive, Ste- 10(1, Eagle, Idaho 53516. P 209939.4041 F 20.5.939.440.5 • www.thelandarouoinc com g:\2D12\112014\admin\legals\I 120600. meritlian w. ter line easement i12014.doc (o • y ~ 2o/z Situated in a portion of the SE 1/4 of the SE 1/4 of the NE 1/4 of Section 11, Township 3 North, Range 1 West, B.M. City of Meridian, Ada County, Idaho 2012 III 131 I I I I -------J L---------- _w-w- _-w-w-w N89'47'22"W 24.70' ~ i 3 i ~ CITY OF MERIDIAN ~ WATER LINE EASEMENT 454 S0. FT.f i ~ ~ i 3 NORTHEAST CORNER SECTION 11 ~ h~ S89'47'22'E POINT OF ~ ~ i - 24.70' BEGINNING ~ o Nt -w-_ w-N89'47'22"W-wNT -~-~ I 38'E 148.55'(TIE) 3 6.38' SO'12'3B"W 18.36' ~ i Meridian Joint School District No. 2 1900 W. Pine Avenue ~Nd 14216 ----- CENTER 1/4 CORNER SECTION 11 ~ c i ~ _J i 3 Zi i 3 M i~~ iw l M bt I Pine Avenue _ ~_ _ 589'11'28"E 2654.95' J i EA ST 1/4 CORNER SECTION 11 ~ENGINEEWSURVEYOR~ PROJECT INFORMATION Scale: ~" = 100' ~' ~' Exhibit "B" Meridian Water Easment ~;; ~ Meridian School Dist. No. 2 614/2012 112014 1 of 1 Meridian City Council Meeting DATE: July 17, 2012 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: Findings of Fact, Conclusions of Law for Approval: MDA 12-003 Hollybrook by Kevin Howell Construction Located at West Side of N. Arrowwood Way; North of E. Ustick Road Request: Amend the Recorded Development Agreement (Instrument #105195857) for the Purpose of Modifying the Concept Plan and Building Elevations Approved with the Hollybrook Subdivision MEETING NOTES ~~~~~~ Community Item/Presentations Presenter Contact Info.INotes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER C~~~E IDIAN~-- IbAHI`~ In the Matter of Development Agreement Modification to amend the Recorded Development Agreement and Final Plat Modification to Modify Note #11 on the Final Plat for Hollybrook Subdivision, Located West of N. Arrowwood Way, North of E. UstickRoad, by Kevin Howell Construction. Case No(s). MDA-12-003 and MFP-12-001 For the City Council Hearing Date of: July 3, 2012 (Findings on July 17, 2012) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of July 3, 2012, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of July 3, 2012, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of July 3, 2012, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of July 3, 2012, incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (LC. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted April 19, 2011, Resolution No. 11-784 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-SA. 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). MDA-12-003 and MFP-12-001 -1- 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning 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 July 3, 2012, 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-SA and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's request for development agreement modification and final plat modification is hereby approved per the conditions of approval in the attached staff report for the hearing date of July 3, 2012, 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 (LJDC 11-SB-3D). A modification to the development agreement maybe 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 (iJDC 11-SB-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 July 3, 2012 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). MDA-12-003 and MFP-12-001 -2- By action of the City Council at its regular meeting held on the ~ day of , 2012. COUNCIL PRESIDENT BRAD HOAGLUN VOTED COUNCIL VICE PRESIDENT CHARLIE ROUNTREE VOTED COUNCIL MEMBER DAVID ZAREMBA VOTED COUNCIL MEMBER KEITH BIRD VOTED MAYOR TAMMY de WEERD VOTED (TIE BREAKER) ~~~~~~ Mayor Ta 1 de Weerd Attest: o4nT$D ccs~ 3 3`e X90 City of $ IDIAN aycee H n, City Clerk ~unxo m n SEAL Copy served upon Applicant, The Planning Itnre ublic Works Department and City Attorney. By. Dated: ~ - 1 Ci 'ler c s i CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). MDA-12-003 and MFP-]2-001 -3- STAFF REPORT Hearing Date: July 17, 2012 ~+ T T /~ ~T TO: Mayor & City Council (~1=i 1~1L"11 V ~~'' FROM: Sonya Wafters, Associate City Planner I B A H O 208-884-5533 SUBJECT: AZ-12-002;PP-12-006-Paramount North. I. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The property owner, Brighton Development, Tnc., has applied for annexation and zoning (AZ) of~58 10_03 acres of land with an R-8 zoning district and a preliminary plat (PP) consisting of 77 single- family detached residential building lots and 36 common area lots on 26.&752 acres of land in an R-8 zoning district for Paramount North Subdivision. A portion of this site, 16.49 acres, was previously annexed into the City; 138 10_03 acres is proposed to be annexed with this application for a total of 26-.97 26_52 acres. See Section IX of the staff report for more information. H. 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 Plannine & Zonine Commission heard these items an June 7, 2012. At the public hearine, the Commission moved to recommend approval of the subject AZ and PP requests. a. Summary of Commission Public Hearine: i. In favor: Mike Wardle ii. In opposition: None iii. Commentine: None iv. Written testimony: Mike Wardle (in aereement w/staff report) v. Staff presentine application: Sonya Waters vi. Other staff commentine on application: None b. Ke v Issue(s) of Discussion by Commission: i. None c. Ke v Commission Chanee(s) to Staff Recommendation: i. Strike condition #1.1.1 as recommended by staff as the applicant has revised the plat; ii. As recommended by Staff, add a new condition (#1.1.9) reguirine the landscape plan submitted with the final plat application to be revised to include the additional area included in the annexation boundary at the northwest corner of N. Meridian Road & W. Producer Drive. d. Outstandine Issue(s) for City Council: i. None HI. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to approve File Numbers AZ-12- 002 & PP-12-006, as presented in the staff report for the hearing date of July 17, 2012, with the following modifications: (Add any proposed modifications). Paramount North AZ-12-002; YP-012-006 PAGE 1 Denial After considering all staff, applicant and public testimony, I move to deny File Numbers AZ-12-002 & PP-12-006, as presented during the hearing on July 17, 2012, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Numbers AZ-12-002 & PP-12-006 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance.) IV. APPLICATION AND PROPERTY FACTS A. Site Address/Location: The site is located west of N. Meridian Road midway between W. Chinden Boulevard & W. McMillan Road, in Section 25, Township 4 North, Range 1 West. (Parcel #'s: 50425110400; 50425131760;S0425417420;50425142110; & S0425142225) B. Owner(s): Brighton Development, Ino. 12601 W. Explorer Drive, Ste. 200 Boise, Idaho 83713 C. Applicant: Same as owner D. Representative: Michael D. Wardle, Brighton Development, Inc. 12601 W. Explorer Drive, Ste. 200 Boise, Idaho 83713 E. Applicant's Statement/Justification: Please see applicant's narrative for this information. V. PROCESS FACTS A. The subject application is for a preliminary plat. A public hearing is required before the Planning & Zoning Commission and City Council on this matter, consistent with Meridian City Code Title 11, Chapter 5. B. Newspaper notifications published on: May 21, and June 4, 2012 (Commission); June 25, and July 19, 2012 (City Council) C. Notices mailed to subject property owners on: May 1, 2012 (Commission); June 21, 2012 (City Council D. Applicant posted notice on site(s) on: May 24, 2012 (Commission); Julv 17, 2012 (City Council) VI. LAND USE A. Existing Land Use(s) and Zoning: This site is partially zoned R-8 with the remainder zoned RUT in Ada County and consists of vacant land. B. Character of Surrounding Area and Adjacent Land Use and Zoning: 1. North: Agricultural property, zoned RUT in Ada County 2. East: Rural residential/agricultural properties, zoned RUT in Ada County 3. South: Residential & vacant properties, zoned R-8; church, zoned L-O Paramount North AZr 12-002; PP-012-006 PAGE 2 4. West: Residential properties, zoned R-8 C. History of Previous Actions: None for the subject property. • A portion of the subject property (16.5+/- acres) was hicluded in the annexation (AZ-03-006), preliminary plat (PP-03-004), and conditional use permit/planned development (CUP-03-008) for Paramount Subdivision approved in 2003. A development agreement (Instrument No. 103137116) was approved as a provision of annexation. • A development agreement modification (MI-07-007) (Instrument No. 107145935) was approved in 2007 that allowed for commercial uses to develop in the C-G and L-O zoning districts without conditional use permit approval. D. Utilities: 1. Public Works: a. Location of sewer: N Fox Run Way and W Producer Dr. b. Location of water: N Fox Rwr Way and W Producer Dr. c. Issues or concerns: None E. Physical Features: 1. Canals/Ditches Irrigation: There are a few existing ditches on this site. 2. Hazards: Staff is not aware of any hazards that exist on this property. 3. Flood Plain: This property does not lie within a floodplain. VIL COMPREHENSIVE PLAN POLICIES AND GOALS This property is designated "Mediuln Density Residential" (MDR) on the Comprehensive Plan Future Land Use Map (FLUM). The MDR designation allows smaller lots for residential purposes within City limits. Uses may include single-family homes at densities of 3 to 8 dwelling units per acre. Density bonuses maybe considered with the provision of public amenities such as open space, pathways, or land dedicated for public services. A portion of the subject site, 16.5+/- acres, is currently zoned R-8. The remainder, X38 10_03 acres, is proposed to be annexed with an R-8 zoning district. The applicant proposes to develop the site with 77 single-family detached homes at a gross density of 295 2.90 (net density of 3$ 3.78) dwelling units per acre slightly under the target density of the MDR designation. Staff finds the following Comprehensive Plan policies to be applicable to this application and apply to the proposed use of this property (staff analysis in italics): • Support a variety of residential categories (low-, medium-, medium-high and high-density single-family, multi-family, townhouses, duplexes, aparhnents, condominiums, etc.) for the purpose of providing the City with a range of affordable housing opportunities. The proposed preliminary plat depicts 77 single family residential building lots on 26.&752 acres of land resulting in a gross density of x:95 2.90 dwelling units per acre, sligh[ly lower than the target density of the MDR designation of 3 to 8 dwelling units per acre. The surrounding property that is part of paramount Subdivision is also designated MDR and zoned R-S. • Provide housing options close to employment and shopping centers. (Chapter 3, pg. 54) Paramount North AZ-12-002; PP-012-006 PAGE 3 The proposed residential development will provide housing opportunities in close proximity to the new Fred Meyer shopping center at Chinden & Linder and a little further away to the Meridian Town Center & Meridian Crossroads developments at Fairview & Eagle. • Require new residential development to meet development standards regarding landscaping, signage, fences and walls, etc. Street buffer landscaping is required adjacent to the collector streets (Fox Rzm & Producer) proposed within this development in accord with the standards listed in UDC 11-3B-7C as shown on the landscape plan. Separate permits shall be obtained for signage and fencing. Fencing shall comply with the standards listed in UDC 11-3A-7. VIII. UNIFIED DEVELOPMENT CODE (UDC) A. Purpose Statement of Zone: Per UDC 11-2A-1, the purpose of the residential districts is to provide for a range of housing opportunities consistent with the Meridian comprehensive plan. Residential districts are distinguished by the allowable density of dwelling units per acre and corresponding housing types that can be accommodated within the density range. B. Schedule of Use: Unified Development Code (11DC) Table 11-2A-2 lists the principal permitted (P), accessory (A), conditional (C), and prohibited (-) uses in the R-8 zoning district. Any use not explicitly listed, or listed as a prohibited use is prohibited. 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 Table 11-2A-6 for the R-8 zoning district.. D. Landscaping: Landscaping: Street buffer landscaping shall be installed in accordance with the standards listed in UDC Table 11-2A-6 for the R-8 zoning district. E. Off-Street Parking: Off-street parking is required in accord with UDC Table 11-3C-6 for single- farnily dwellings. IX. ANALYSIS A. Analysis of Facts Leading to Staff Recommendation: Annexation & Zoning The Applicant has applied to annex and zone 938 10_03 acres of land with an R-8 zoning district. As discussed above in Section VII, the proposed zoning is consistent with the FLUM designation of MDR. The annexation request includes two parcels of land; however, the legal description and exhibit map shown in Exhibit C does not include the entire portion of the eastern parcel. There is a 60' x 300' +/- strip that is not included. Staff has spoken with the applicant and the applicant is in the process of revising the legal description to include this area. T/:e nnnezntion legal rlescriution & exhibit man has been revised & is included in Exhibit A. Concept Plan/Elevations: Aconceptual development plan is proposed with this application as shown in Exhibit A.4. Staff has reviewed this plan and found the proposed plat is consistent with the plan. However, the conceptual development plan should be revised (as should the plat) to include the additional area required to be included in the annexation boundary noted above. The concept plan I:as been revised & is included in Exbibit A. Conceptual building elevations for the residential homes were also submitted as shown in Exhibit A.S. Paramount Nonh AZ-12-002; PP-012-006 PAGE 4 Because development of the majority of this site is subject to the development agreement (DA) approved with the original Paramount annexation, staff is not recommending a new DA for the 93S 10_03 acre portion of the site proposed to be annexed with this application. Preliminary Plat A preliminary plat is proposed that consists of 77 building lots on 2Fr.07 26_52 acres of land in the R-8 zoning district for Paramount North Subdivision. A portion of the property, 16.49 acres, was annexed with Paramount Subdivision in 2003; the remainder of the properly is proposed to be annexed with this application. The portion that was annexed previously was included in the original preliminary plat for Paramount as one large 34.9 acre lot for future single-family residential uses. The remaining portion of that lot that is not being re-platted with this application will be re-platted in the future. The conditional use permit/planned development approved for the annexed portion of this site in 2003, allowed block lengths in excess of 1,000 feet; 5,500 square foot (s.f) building lots; 1,301 s.f. dwelling size, exclusive of garage; 50' minimum street frontage; and setbacks as follows: front - 10', rear - 15', side - 5', street side 10'. Dimensional Standards: Staff has reviewed the proposed plat for compliance with the R-8 standards listed in UDC Table 11-2A.6 for the R-8 district and the above noted reduced standards. Thee street frontages for Lots 22 & 25, Block 48 need to be revised to meet the 50' minimum; and a shared driveway will be required to be provided on Lots 7 & 8, Block 48. The boundary of the plat shall be revised to include the area required to be included within the annexation boundary. The preliminary plat has been revised to include the additional annexation area and is incdttded in Exhibit A. Access: Access to this site is proposed on the plat via the existing W. Producer Drive (from N. Meridian Road) and N. Fox Run Way (from Chinden Blvd.). ACHD comments are included in Exhibit B. Multi-Use Pathway: A 10-foot wide multi-use pathway is required to be constructed within Lot 38, Block 48 as shown on the landscape plan attached in Exhibit A.3 within a public use easement. Landscaping is required to be installed in accord with UDC 11-3B-12. Landscaping: A landscape plan was submitted with this application as shown in Exhibit A.3. Street buffer landscaping is required to be installed in accord with UDC 11-3B-7C. Open Space & Site Amenities: A minimum of 10% of the site is required to consist of open space in accord with UDC I1-3G-3A; qualified open space is defined in UDC 11-3G-3B. The site consists of 26.452 acres (including the additional annexation area); therefore, a minimum of 2.645 acres of qualified open space is required to be provided. . Additionally, the calculations table shown on the plan shall demonstrate compliance with these standards. hr accord with UDC 11-3G-3A.2, a minimum of two site amenities are required to be provided with this development as defined in UDC 11-3G-3C. The applicant proposes to construct a 10- foot wide multi-use pathway to connect the existing pathway along Fox Run to Meridian Road and a children's play struchire with benches as amenities. In sttntmary, Staff recommends approval of the proposed annexation and preliminary plat request for this site with the recornntended conditions listed in Exhibit B of this report in accord with the findings contained in Exhibit C. Yara~nount North AZ-12-002; PP-012-006 PAGE 5 X. EXHIBITS A. Drawings/Other 1. Vicinity Map 2. Proposed Preliminary Plat (dated: 6/6/12) 3. Proposed Landscape Plan (dated: 4/17/12) 4. Proposed Conceptual Development Plan (dated: 6/6/12) 5. Proposed Building Elevations for Residential Homes B. Agency & Department Comments/Conditions C. Legal Description & Exhibit Map for Annexation D. Required Findings from Unified Development Code Paramount North AZ-I2-002; PP-012-006 PAGE 6 A. Drawings 1. Vicinity Map E~ Exhibit A Page I 2. Proposed Preliminary Plat (dated: 6/6/12) ~_._ ...,.,,., r- _-iii ti°~---~ .. ~J~,~_ I ......,. ~I ~ ~ ~r ~. e• ~u ?' ~~ ~~ ~~r ~' ~ GI I 'rrs~~:_.x.:~s~asa:~ vsses:..r~. ~j J~\~~ I .^ ... ~ ~ I _ .)a~ .~ ~~~~^~ I I. ~I ~ ~ ~~- .„.~.mmm A ._. a Pnrumx ~r vuT pgRRMOUNT NORTH NaglneermNNaRE~a9e, 4LP :» B4:o^~°g~' SUBDIVI90N I^ ~~.~ + P~ N y I - - .. ,.~ _- -• ry e m { i ~ ~ ®,S JJJ a m7m'Cw 1. 0 .~. 1 e /'J X\ ® O 1 ~~ y o .~' to ®, ~.~. o. r I ® ~ ~. I ^ xw r-w ~ it s.. ~ ®.~ ® ® ® ., ~,di d p ® r I m~ ®' O o .J I (~~ ~ 1 O a O.m ~~` I IL m ~ ®: a Oe ~~ o 0 9 -....~~~..a. a e. - __ -- - __-_~ ®~' ®- - P FIINI Y PLAT ~iw &~oOOTlugNalhWae4 LlC ~® +~ PARAMOUNTNORTN .wa nffc^`~~~'w°«n=~v SUBDINSION Exhibit A Pagc 1 3. Proposed Landscape Plan (dated: 4/17/12) ~.... 'A O(7~~ -- ~ __= ~ ~ i ,~ E ~' ~ } _ _ k s \ r ~_ ~ 4 ~ .• ~ ~ s r f ;~~ , ~ ~ ~ 1 --- ~ .~ ~ ~. ~ u- ~. - \ t ~.~'•, ~ ~ _a ----- ALeoaeae~~~n~' ~ Law -; M~_... 1 .v ~ ., ~i~ \ ~ i :~,`~! ~ ss~usvs+~ p`~ .,~ w ~~ I _.~ •~ ~ I ~. x~ ~... ,: '~ _ ~'. -. L ; .,~a ,. ~ . 4~' ~~ ~-~ . ~_ ®_......, a n~' Exhibit A Page 2 4. Proposed Conceptual Development Plan (dated: 6/6/12) a _- .~ ~ ~ ., ~~ ~ gyp, ~ J9~ i c.... r. i , ~', ~, ~j- ,~~~~ - -_ ~~ ~' ~ F ' ~~ ~3 ~ C'~ ~a~ ©q ~~~, ,_~ / ~~, ~~ g; ~~ w~~~°~~~ ~~~ ~ ~ ~~ . ~~ ~~~ a$ ~~ ~ ~~ T' f~ ~ , ~ 1 ~~ ,r ET~ i~ ~ .. ~ ~ of ,- ~ ~~ ~TT~- I' ~ '~' ~ r- _ _ -~ i,~r ~~ / ~ / l I -~,~., .' ,, b ~- ; ~-c, Sao ~~' II `` ~;~, re ~.; ~ z~~~, ~~o ~ ~ ~I ~ ~i' CPVCNT VL41t ,~ ,.«f~ BnglnealugNOrNweeRT,LC i."~`~ ~ "~ ~" PARAMOUNT NORTH - iia'x"'"`tr - ~~~aemr.`ii';' $UDDIVISION `. Exhibit B - 1 - 5. Proposed Building Elevations for Residential Homes Exhibit B - 2 - Exhibit B - 3 - Exhibit B - 4 - Exhibit B - 5 - B. EXHIBIT B -AGENCY & DEPARTMENT COMMENTS/CONDITIONS 1. PLANNING DEPARTMENT 1.1 Site Specific Conditions of Approval 1 } } Tl... «l..t ..1...11 t,e «e..:.....] s,.:.,,.l..,l,. .w,, cn~ ., znn> .ii ...«:.. ,.c t...,a tt,..t o~ro.,,l.. r,. rT~ a:.... n,...a r r f6..a :~ ..........:..w.A ...al. D..«,.el AcnA'tc1 nz77c 1.1.2 Lots 22 & 25, Block 48 on the plat need to be revised to meet the 50' minimum street frontage required by CUP-03-008. 1.1.3 A shared driveway shall be provided on Lots 7 & 8, Block 48. 11.4 A 10-foot wide multi-use pathway is required to be constructed within Lot 38, Block 48 as shown on the landscape plan attached in Exhibit A.3 within a public use easement. Landscaping is required to be installed in accord with UDC 11-3B-12. 1.1.5 The applicant shall construct all proposed fencing and/or any fencing required by the UDC, consistent with the standards as set forth in UDC 11-3A-7 and 11-3A-6B. 1.1.6 The applicant shall provide a minimutn of two (2) amenities (children's play structure & benches and 10-foot wide multi-use pathway) and 2:64 2.65 acres (10%) of common open space that meet or exceed the standards set forth in UDC 11-3G-3. The landscape plan & calculations table submitted with the final plat shall be revised to reflect compliance with this requirement. 1.1.7 The applicant shall revise the landscape plan to illuminate all pathways through internal common areas with afoot-foot tall bollard style or other appropriate lighting source as set forth in UDC 11-3A-8H. Such lighting shall be shielded from adjoining residences. 1.1.8 Prior to City Engineer signature on the fmal plat, the applicant shall obtain City Council approval of and record a public pedestrian easement for the 10-foot wide multi-use pathways shown on the plat. 1.1.9 The landscape plan submitted with the final plat application shall be revised to include the additional area included in the annexation boundary at the northwest corner of N. Meridian Road & W. Producer Drive. 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 11-2-A-6 unless otherwise approved by CUP-03-008. 1.2.2 Comply with all provisions of 11-3A-3 with regard to access to streets. Direct access to W. Producer Drive and N. Fox Run Way is prohibited. 1.2.3 Construct on-street bikeways on all collector streets as set forth in UDC 11-3A-5. 1.2.4 Comply with the provisions for irrigation ditches, laterals, canals and/or drainage courses, as set forth in UDC 11-3A-6. 1.2.5 Construct the pathway and adjoining fencing and landscaping consistent with the standards as set forth in UDC 11-3A-7A7 and 11-3B-12C respectively. 1.2.6 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. 1.2.7 Comply with the sidewalk standards as set forth in UDC 11-3A-17. Exhibit B - 6 - 1.2.8 Install all utilities consistent with the standards as set forth in UDC 11-3A-21 and 11-3B-SJ. 1.2.9 Construct all off-street parking areas consistent with the standards as set forth in UDC 11-3C-6 for single-family dwellings. 1.2.10 Construct the required landscape buffers consistent with the standards as set forth in UDC 11-3B- 7C. 1.2.11 Construct storm water integration facilities that meet the standards as set forth in UDC 11-3B- 11 C. 1.2.12 Construct all parkways consistent with the standards as set forth in UDC 11-3A-17E, 11-3G-3B5 and 11-3B-7C. 1.2.13 Comply with all subdivision design and improvement standards as set forth in UDC 1 I-6C-3, includmg but not limited to cul-de-sacs, alleys, driveways, common driveways, easements, blocks, street buffers, and mailbox placement. 1.2.14 Protect any existing trees on the subject property that are greater than four-inch caliper and/or mitigate for the loss of such trees as set forth in UDC 11-3B-10. 1.2.15 Construct amulti-use pathway and install pedestrian lighting and landscaping consistent with UDC 11-3H-4C3. 1.2.16 Comply with all provisions of UDC 11-3A-3 with regard to maintaining the clear vision triangle. 1.3 Ongoing Conditions of Approval 1.3.1 The applicant and/or assigns shall have the continuing obligation to provide irrigation that meets the standards as set forth in UDC I 1-3B-6 and to install and maintain all landscaping as set forth in UDC 11-3B-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-3P1. 1.3.3 The project is subject to all current City of Meridian ordinances and previous conditions of approval associated with this site (AZ-03-006; PP-03-004; CUP-03-008; MI-07-007; Development Agreement Inst. No. 103137116 & 107145935). 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 71-3A-11. 1.3.7 The applicant and/or property owner shall have an ongoing obligation to maintain all landscaping and constructed features within the clear vision triangle consistent with the standards in UDC 11- 3A-3. 1.4 Process Conditions of Approval 1.4.1 No signs are approved with this application. Prior to installing any signs on the 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. Exhibit B - 7 - 1.4.2 The applicant shall complete all improvements related to public life, safety, and health as set forth in UDC 11-SC-3B. A surety agreement may be accepted for other improvements in accord with UDC ]]-SC-3C. 1.4.3 The final plat, and any phase thereof, shall substantially comply with the approved preliminary plat as set forth in UDC ] 1-6B-3C2. 1.4.4 The applicant shall obtain approval for all successive phases of the preliminary plat within two years of the signature of the City Engineer on the previous final plat as set forth in UDC 11-6B- 7B. 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 [add date] or 2) gain approval of a time extension as set forth in UDC 11-6B-7. 1.4.6 Upon installation of the landscaping and prior to inspection by Planning Department staff, the applicant shall provide a written certificate of completion as set forth in UDC 11-3B-14A. 1.4.7 At such time that the multi-use pathway connects from one major street to another and is greater than one-half mile long, the applicant may petition the City to assume maintenance responsibilities. 2. PUBLIC WORKS DEPARTMENT 2.1 Sanitary sewer service to this development is available via extension of mains in N Fox Run Way and W Producer Dr. The applicant shall install mains to and through this subdivision; applicant shall coordinate main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2.2 Water service to this site is available via extension of mains in N Fox Run Way and W Producer Dr. The applicant shall be responsible to install two water connections dtte to fire flow requirements. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. 2.3 The applicant shall provide a 20-foot common lot for all public water/sewer mains outside of public right of way. The common lot shall be covered with a blanket easement to the Ciry of Meridian. 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 requhed. If a single-point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to signatare on the final plat by the City Engineer. 2.5 All existing structures that are required to be rernoved 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 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 Ciry Engineer prior to final plat signature. Bxhibit B - 8 - 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, water system shall be approved and activated, fencing installed, drainage lots conshucted, 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 aznount 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, 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 maybe 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 azi 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. 2.2 ] 100 Watt and 250 Watt, high-pressure sodium street lights shall be required per the City of Meridian Depaz-tment of Public Works Improvement Standards for Street Lighting. All street lights shall be installed at developer's expense. Final design shall be submitted to the Public Works Department for approved. The street light contractor shall obtain the approved design on file and an electrical permit from the Public Works Department prior to commencing Exhibit B - 9 - installations. 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 foam of an irrevocable letter of credit, cash deposit or bond. Please contact Land Development Service for more information at 887-2211. 3. POLICE DEPARTMENT 3.1 The Police Department has no concerns related to the site design submitted with the application. 4. FIRE DEPARTMENT 4.1 One and two family dwellings not exceeding 3,600 square feet require afire-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. 4.2 Acceptance of the water supply for fire protection will be by the Meridian Fire Department and water quality by the Meridian Water Department for bacteria testing. 4.3 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'. £ Fire hydrants shall be placed 18" above finished grade to the center of the 4'/z" outlets. g. Fire hydrants shall be provided to meet the requirements of IFC Section 509.5. h. Show all proposed or existing hydrants for all new construction or additions to existing buildings within 1,000 feet of the project. 4.4 In accordance with International Fire Code Section 503.2.5 and Appendix D, any roadway greater than 150 feet in length that is not provided with an outlet shall be required to have an approved turn around. Phasing of the project may require a temporary approved turn around on streets greater than 150' in length with no outlet. 4.5 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. 4.6 All common driveways shall be straight or have a turning radius of 28' inside and 48' outside and have a clear driving surface of 20' in width capable of supporting an imposed weight of 75,000 GV W, per International Fire Code Section 503.2. 4.7 Requirements for dead-end fire apparatus access roads that are between 500'-750' in length are as follows: 1) Roadways shall be built to Ada County Highway District cross section standards acrd Exhibit B - 10 - have a clear driving surface of 26-feet in width available at all times and shall have no parking; 2) Streets less than 32-feet in width shall have no parking on one side; and 3) Streets more than 39- feet in width shall be allowed to have parking on both sides. These measurements shall be based on the drivable surface dimension. Special approval is required for access roads over 750' in length per International Fire Code Table D103.6.1. and D103.6.2. The roadway shall be able to accommodate an imposed load of 75,000 GV W. 4.8 Ensure that all yet undeveloped parcels are maintained free of combustible vegetation as set forth in International Fire Code Section 304.1.2. 4.9 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. 4.10 Operational fire hydrants, temporary or permanent street signs, and access roads with an all weather surface are required to be installed before combustible construction material is brought onto the site, as set forth in International Fire Code Section (IFC) 501.4 and Meridian amendment to IFC 10-4-2J. 4.11 The roadways shall be built to Ada County Highway District cross section standards and have a clear driving surface. Streets less than 26' in width shall have no on-street parking; streets less than 32' in width shall have parking only on one side. These measurements shall be based on the drivable sw-face dimension exclusive of shoulders. The overhead clearance shall be a minimum of 13' 6". The roadway shall be able to accommodate an imposed load of 75,000 GV W as set forth in International Fire Code Section 503.2.1. and D103.6.1 and D103.6.2. 4.12 The fire deparhnent requests that any future signalization installed as the result of the development of this project be equipped with Opticom sensors to ensure a safe and efficient response by fire and emergency medical service vehicles. The cost of this installation is to be borne by the developer. (National Fire Protection Std 1141 Section 5.2.11.1) 4.13 As set forth in International Fire Code Section D 103.3, the Fire Department is opposed to any landscape island in the middle of a cul de sac that may prevent a fire truck from fuming around on the end of the court. 5. REPUBLIC SERVICES 5.1 Republic Services has no comments related to this application. 6. PARKS DEPARTMENT 6.1 Construct the pathway and adjoining fencing and landscaping consistent with the standards as set forth in UDC 11-3A-7A7 and 11-3B-12C respectively. 6.2 The applicant shall design and construct the multi-use pathways consistent with the location and specifications (Chapter 3) set forth in the Meridian Pathways Master Plan unless otherwise approved by the Parks and Recreation Director. 6.3 The applicant shall have an ongoing obligation to maintain all pathways. 7. ADA COUNTY HIGHWAY DISTRICT 7.1 Site Specific Conditions of Approval 7.1.1 Construct Heston Street to intersect Fox Run Way approximately 700 feet north of Gable Street with two 21-foot travel lanes, a 12-foot wide center landscape median, curb, gutter, 6-foot planter strips, and 5-foot wide detached concrete sidewalks within 77 feet ofright-of--way, as proposed. The right-of--way shall extend to 2 feet beyond the edge of sidewalk. Bxhibit B - 11 - 7.1.2 Dedicate the 12-foot wide center landscape median on Heston Street as right-of--way and apply for a licensing agreement with the District for the landscaping within the median. 7.1.3 Construct Peppard Avenue to intersect Producer Drive approximately 480 feet west of Meridian Road as a 33-foot street section with rolled curb, gutter, 6-foot wide planter strips, and 5-foot wide detached concrete sidewalks within 58 feet of right-of--way, as proposed. The right-of--way shall extend to 2 feet beyond the edge of sidewalk. Provide the District with written fire department approval for the reduced street section width prior to signatures on the final plat. 7.1.4 Construct all internal local streets as 33-foot street sections with rolled curb, gutter, 6-foot wide planter strips, and 5-foot wide detached concrete sidewalks along both sides of the roadway within 58 feet of right-of--way, as proposed. The right-of--way shall extend to 2 feet beyond the edge of sidewalk. Provide the District with written fire departnent approval for the reduced street section width prior to signatures on the final plat. 7.1.5 Replace the existing curb cut on Producer Drive located approximately 750 feet west of Meridian Road with vertical curb, gutter, and sidewalk to match the existing improvements on either side. 7.1.6 Construct one stub street to the east, Heston Street, located approximately 350 feet east of Fox Run Way and 1,000 feet south of Chinden Boulevard (north of Lot 20 Block 56), as proposed. Install a sign at the terminus of the roadway stating, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". 7.1.7 Construct one stub street to the north, Finney Street, located approximately 650 feet north of Producer Drive and 900 feet west of Meridian Road (between Lot 1 Block 56 and Lot 12 Block 49), as proposed. Install a sign at the terminus of the roadway stating, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". 7.1.8 Other than the access specifically approved with this application direct lot access is prohibited to Fox Run Way and Producer Drive and should be noted on the final plat. 7.1.9 Payments of impact fees are due prior to issuance of a building permit. 7.1.10 Comply with all Standard Conditions of Approval. 7.2 Standard Conditions of Approval 7.2.1 Any existing irrigation facilities shall be relocated outside of the ACHD right-of--way. 7.2.2 Private sewer or water systems are prohibited from being located within the ACHD right- of-way. 7.2.3 In accordance with District Policy, 7203.6, the applicant may be required to update any existing non-compliant pedestrian improvements abutting the site to meet current Americans with Disabilities Act (ADA) requirements. The applicant's engineer should provide documentation of ADA compliance to District Development Review staff for review. 7.2.4 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. ExhibitB - I2- 7.2.5 A license agreement and compliance with the District's Tree Planter policy is required for all landscaping proposed within ACHD right-of--way or easement areas. 7.2.6 All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 7.2.7 It is the responsibility of the applicant to verify all existing utilities within the right-of--way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1-811-342-1585) at least two full business days prior to breaking ground within ACHD right-of--way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 7.2.8 Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details. 7.2.9 All design and constuction shall be in accordance with the ACRD Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Standards unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 7.2.10 Construction, use and property development shall be in conformance with all applicable requirements of 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 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 transportafion system at that tune. 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 awaiver/variance of the requirements or other legal relief is granted by the ACHD Commission. Exhibit B - 13 - C. Legal Description & Exhibit Map for Annexation Project No. 112036 Y_/, ~' 77tH LAND nXirI1P, INC. Date: Jesse 04, 2012 PAI11AM0[7NT NO[tTH ANNCXATIQN AESCf[~PTlO1V A parcel aCland located in iha SE ll4 ofthe NE 1J4 of Section 25, T. 4 N., R.] W., B. M, Meridian, Ada t'.DUnty, Idaho, mnn+paRictderly described as follows: Cammsneing at the Section Camw common to Sediei>s 25 and 36 of said T, A N„ R. 1 W., and Sections 30 ¢rtd 31 of T. 4 N., R. I E., B.M.; Thence Nanh 00°23'20" East, 2640.13 fod on the sooNan line common fa said Sations 23 and 30 to lhs 114 Seelion Comer common to said Sections 2S and 30, said point being the REAL POINT Or BEGINNING, (from. which point the nord]eesl comer afsaid Sealion 25 boars North 00°25'09" Bast, 2661.10 fast distort); Thence from said lJ4 Section Corner, North 89°277$"' Wosy 1132.44 feet an the east-webl mid-eoerion lint of Bald tlcdion 2i tq lho euathoast comer of that 5.07 Arne lwrcel qC lasrd as slxrwu un Recerd~f--Survey Nttmber 5945 ofAda County Records; Thence North DO° 11'32" East, 655.51 feat on the easterly botutdary line of said 5.07 acts parcel to the rxrrdsweat comer of said partxl; Thebes South 70°41' 13"East, 852.36 fact on the southoriy bosmdary Line of that parael of lend described in peed instrumertl Ntnnbrr 103206801 of Ada County ReeDrd.; w rho northwest comer of that parcel of land described in Dcerl hsstrumcrrt Nmnber 101004177 of Ada County Reoards; Thence South 00°25'09" wit, 321.23 feat on the westerly bosmdary line of said insttumsnt Nnmbar 1 p 1004177 parcel to dte sauthwcst comer of said parcel; Thence South 89°27'28" East, 329.10 feet on the southerly boundary lino ofseid lnsltumant Numbar 101004177 parcel to the swuiharst comer of said parrd, s¢id point being on the Section Line camsnon to said Scetions 25 and 34; Thence South 00°25'09" 30 to rho real point of beginD REVI APPROVAL BY qua a s zmz fad on the SedioD Llne common to acid Sxtions 25 and mains 10.03 otter more or loss, PREPARED DYt THE LAND GROUP, INC. MERIDIAN PUBLIC UVORKS DEPT. SV[e planning • lend9CaA&Af4MrCCtala+lt 962 E. Shell MiV°, Buse 100 James R. Washbnrn,PLS ¢VfSe IrrlRarinn a E~Ineering+GrAphkG Og{Ign • Surveying p 309.079.104] • www.thelanCgrouplne.tom Exhibit B - 14 - a a ---'-T--- ~ •= -- a .~ I -~_ _ ~ s _ o r -rm -~. __.__ s. -~_I ~, J nme-----'---- U ~ ~ ~~ ~o I _1 e 7d'Y ~~ m --~-_T ~~ ~ !~. ~rar a+ M'N PARAMOUNT NORTH ~oNr(nNNwfhWUAI~LO ary~n w rm u TMe rwr r w urnnr e; SUBDIVISION -a..a r.w. e.rn. e.x, w~ rm, wao - ~~ ~ w Exhibit B - 15 - D. Required Findings from Unified Development Code 1. Annexation Findings: Upon recommendation from the Commission, the Council shall make a full investigation and shall, at the public hearing, review the application. In order to grant an annexation, the Council shall make the following findings: a. The map amendment complies with the applicable provisions of the Comprehensive Plan; The Applicant is proposing to annex a portion of the subject property from RUT in Ada County to the R-8 zoning district. The Commission finds that the proposed map amendment is generally consistent with the medium density residential land use designation for this site and the rest of Paramount Subdivision to the west and south of the site. Therefore, the Commission finds the amendment is consistent with the applicable provisions of the Comprehensive Plan (see section VII above). b. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; The Commission finds that the proposed map amendment to the R-8 zoning district and proposed single-family residential development of the properly is generally consistent with the purpose statement of the residential and district. c. The map amendment shall not be materially detrimental to the public health, safety, and welfare; The Commission finds that the proposed zoning amendment will not be detrimental to the public health, safety, or welfare. City utilities will be extended at the expense of the applicant. The Commission recommends that the Council consider any oral or written testimony that maybe provided when determining this finding. d. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the City including, but not limited to, school districts; and, The Commission 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 ([IDC 11-SB-3.E). The Commission 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 Commission finds that the proposed plat is in substantial compliance with the adopted Comprehensive Plan in regard to land use, transportation, and circulation. Please see Can7prehensive Plan Policies and Goals, Section VII, of the Staff Report for neore infornvalion. Exhibit B - 16 - b. Public services are available or can be made available and are adequate to accommodate the proposed development; The Commission 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 Commission finds that the subdivision will not require the expenditure of capital improvement funds. d. There is public Tnancial capability of supporting services for the proposed development; The Commission 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 Commission is not aware of any health, safety, or environmental problems associated with the platting of this property that should be brought to the Council's attention. ACRD considers road safety issues in their analysis. The Commission recommends that the Council consider any public testimony that may be presented to when determining whether or not the proposed subdivision may cause health, safety or environmental problems of which Staff is unaware. Exhibit 13 - 17 - Meridian City Council Meeting DATE: Julv 17, 2012 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: Items Moved From Consent Agenda MEETING NOTES ~GY 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: July 17, 2012 ITEM NUMBER: 7A PROJECT NUMBER: ITEM TITLE: Clerk's Office: Approval of New Beer/Wine/Liquor License application for Big AI's III Inc. dba Big AI's located at 1900 N. Eagle Rd. MEETING NOTES ,~°'v"~ 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: July 17, 2012 ITEM NUMBER: PROJECT NUMBER: FP 12-011 ITEM TITLE: Solitude Subdivision FP 12-O1 1 Solitude Place Subdivision No. 3 by M2 Land, LLC Located Southeast Corner of N. Meridian Road and E. McMillan Road Request: Final Plat Consisting of 63 Building Lots and 7 Common/Other Lots on 17.9 Acres of Land in an R-8 Zoning District MEETING NOTES A~v~.i,K.l~ Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE F/NAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: July 17, 2012 ITEM NUMBER: $B PROJECT NUMBER: PP 12-007 ITEM TITLE: Reserve West Public Hearing: PP 12-007 Reserve West by ERD, LLC Located West of N. Locust Grove Road and East of N. Jericho Road Request: Preliminary Plat Approval of 14 Residential Lots and 2 Common Lots on 5.02 Acres in an Existing R-4 Zone MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS CITY OF MERIDIAN CITY COUNCIL PUBLIC HEARING SIGN-UP SHEET DATE July 19, 2012 ITEM # 4B PROJECT NUMBER PP 12-007 PROJECT NAME Reserve West PLEASE PRINT NAME FOR AGAINST NEUTRAL ~-Y('~t l~~ti r~rd ~lo~ t E IAN CITY CLERKS OFFICE Meridian City Council Meeting DATE: July 17, 2012 ITEM NUMBER: $C PROJECT NUMBER: AZ 12-002 ITEM TITLE: Paramount North Public Hearing: AZ 12-002 Paramount North by Brighton Development, Inc. Located West of N. Meridian Road, Midway Between W. Chinden Boulevard and W. McMillan Road Request: Annexation and Zoning of 10.03 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 Meridian City Council Meeting DATE: July 17, 2012 ITEM NUMBER: PROJECT NUMBER: PP 12-006 ITEM TITLE: Paramount North Public Hearing: PP 12-006 Paramount North by Brighton Development, Inc. Located West of N. Meridian Road, Midway Between W. Chinden Boulevard and W. McMillan Road Request: Preliminary Plat Approval Consisting of 77 Single-Family Residential Building Lots and Six (6) Common Area Lots on 26.52 Acres of Land in an R-8 Zoning District MEETING NOTES ~ y~~~ Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS CITY OF MERIDIAN CITY COUNCIL PUBLIC HEARING SIGN-UP SHEET DATE July 19, 2012 ITEM # PROJECT NUMBER 4C, 4D AZ 12-002 & PP 12-006 PROJECT NAME Paramount North FOR I AGAINST I NEU CITY OF Meridian City Council Meeting DATE: July 17, 2012 ITEM NUMBER gE PROJECT NUMBER: VAC 12-001 ITEM TITLE: Sond Subdivision F'u rin PP 12-006 Paramount N y Brighton Development, Inc. Located West of N. Meridian Road, Midw Chinden Boulevard and W. McMillan Road Request: Prelimina Approval Consisting o le-Family Residential Building Lots and .Common Area Lots on 26.52 Acres of Lan R-8 Zoning District ~ n ~, 12 ~v ~~ ~~ MEETING NOTES ~~/01~ Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS CITY OF MERIDIAN CITY COUNCIL PUBLIC HEARING SIGN-UP SHEET DATE July 19, 2012 ITEM # 4E PROJECT NUMBER VAC 12-001 PROJECT NAME Sond Subdivision PLEASE PRINT NAME FOR AGAINST NEUTRAL ,gyp ~. ~l~N~d~ x ECEI~TE ~, JUL 17 2012 CITY OF CLCe~%un~. Meridian City Council Meeting DATE: July 17 2012 ITEM NUMBER gF PROJECT NUMBER: VAR 12-002 ITEM TITLE: Meridian Town Center Public Hearing: VAR 12-002 Meridian Town Center by Idaho Electric Signs Located Northeast Corner of N. Eagle Road and E. Fairview Avenue at 2200 N. Eagle Road Request: Variance to UDC 11-3D-8F.4d to Exceed the Maximum Background Area Allowed of 200 Square Feet for Free-Standing Signs MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS CITY OF MERIDIAN CITY COUNCIL PUBLIC HEARING SIGN-UP SHEET DATE July 19, 2012 ITEM # 4F PROJECT NUMBER VAR 12-002 PROJECT NAME Meridian Town Center PLEASE PRINT NAME ECE FOR I AGAINST I NE JUL 17 2012 C ITY OF CR-Ce~,,w„, Meridian City Council Meeting DATE: July 17, 2012 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: Please Amend onto the Agenda: Resolution No. Propose # 12-854• A Resolution Vacating a 10 Foot Wide Public Utility Drainage and Irrigati ement Centered on the Common Line Between Lot 4 and 5, Block 3 of Sond Subdivision (VAC 12-001) MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE F/NAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS ADA COUNTY RECORDER Christopher D. Rich AMOUNT .00 4 BOISE IDAHO 07118112 11:49 AM DEPUTY Bonnie Oberbillig III IIIIIII IIIII IIIIIIIIIIIIIIIII II III RECORDED-REQUEST OF t t~~74~47^c Meridian City ', CITY OF MERIDIAN RESOLUTION NO. ~~ ' O S`~ BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, ZAREMBA A RESOLUTION VACATING A 10 FOOT WIDE PUBLIC UTILITY, DRAINAGE AND IRRIGATION EASEMENT CENTERED ON THE COMMON LINE BETWEEN LOT 4 AND LOT 5, BLOCK 3 OF 50ND SUBDIVISION, BOOK 98, PAGE 12465, RECORDS OF ADA COUNTY, SAID SUBDIVISION BEING LOCATED IN THE NORTHEAST QUARTER OF SECTION 9, TOWNSHIP 3 NORTH, RANGE 1 WE5T, BOISE MERIDIAN, CITY OF MERIDIAN, ADA COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on July 17, 2012 the City Council of Meridian, held a hearing on the vacation of a 10-foot wide public utility, drainage and irrigation easement centered on the common line between Lot 4 and 5, Block 3 of Sond Subdivision, Book 98, Page 12465, records of Ada County, said subdivision being located in the Northeast Quarter of Section 9, Township 3 North, Range 1 West, Boise Meridian, City of Meridian, Ada County, Idaho, and WHEREAS, after such hearing, the City Council, by formal motion, did approve said described vacation; and NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN CITY, IDAHO: Section 1. That the 10-foot wide public utility, drainage and irrigation easement centered on the common line between Lot 4 and 5, Block 3 of Sond Subdivision, Book 98, Page 12465, records of Ada County, said subdivision being located in the Northeast Quarter of Section 9, Township 3 North, Range 1 West, Boise Meridian, City of Meridian, Ada County, Idaho are hereby vacated. Copies of the necessary relinquishments are attached as Exhibit "A". Section 2. That this Resolution shall be in full force and effect immediately upon its adoption and approval. VACATION - SOND SUBDIVISION -VAC 12-001 Page 1 of 2 PASSED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, H)AHO, this ~ 7~day of , 2012. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this day of , 2012. STATE OF IDAHO, ) ss County of Ada ) On this ~`~ day of ~V~~~ 2012, 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) ~~g~O~ARp~s ••~ NO RY PUB C FOR IDAHO ;r~r; ~ ~ RESIDING AT: ti-{~r~d~oi,.-1 l p 'ti' MY COMMISSION EXPIRES: ~~ 2.01 ~ . ~ ~ , . ', b '~ • ,'o ti ._ • ,"~~''tO:' VACATION - SOND SUBDIVISION -VAC 12-001 Page 2 of 2 Exhibit A KESTR~.L LAND SURVEYING EXHIBITA LEGAL DESCRIPTION FOh EASEMENT VACATION A portion of a SO foot wide public utility easement centered on the common line between Lots 4 and 5, Black 3.of Sond Subdivision, Book 98, page 12465, records of Ada County, sld subdivision being located In the Northeast quarter ofSection 9, Township 3 North, flange 1 West, Boise Meridian, CI[y of Meridian, Ada County, Idaho, Bald easement mm'e patticularly described as follows: Commencing at the Northeast corner o(sald Lot 5, [hence North 89°56'03" East a distance If 5.00 feet to a point; thence leaving saidNorth Ilne, South 00°03'13" East a distance of 11.50 feet to athe POWi OF.BEGINNING; Thence South 00°03'13" Easta distance of 109.SOfeei to a point; - "thence South 89°59'32" West a distance of 10:00 feet to a polnp Thence North 00°03'13" Wes[ a distance of 108.49 fee[ to a point; Thence North 89°56'03" East a distance of 10.00 feet to [he point orbeginning, Said easement containing 1,085 square fee[, more or less End Description Protect No. 12-112 Prepared May 23; 2012 Exhibit A EXHIBI ~' ",~ " FOR VACARON OF EASEMENT LOCA7E0 ON A PORTION OF LOTS 4 & 5, BLOCK 3, SOND SUBDlNS/ON, BOOK 9B, PAGES 12 465-124 65, LOCATED LN THE NE f/4 OF SECTION 9, TOWNSHIP 3 NORTH, RANGE f WEST OF THE 8015E MER1OlAN, CITY OF MERIDIAN, ADA COUNTY, IDAHp z• s9cwuX EI.sEM[Nr /+C CcNnez' eor s 2012 1 u nn to n. ~ .,.~..w GREY /OWERS OR. SCRLF,: I`~30' - T-saso' -_,~1'h lszr' ~~` LEGEND ~ ----- i_ ~ , _ , _ _ 11'9 ~ .~ ~ PARCEL UNE tl' ~, --r.e~~ A -EASEMENT L/NE F ion ~ o~v ~~uc~~ -vwwr or necwnxvc ~ FOUND IRON PIN '~/~1f"//~~ I ~ CALCULATED POSYRON a I oaxmac Tor uvE _~/~ I~,~~PUiuc unur~s, cRamuce I NI ~$ LOT NUMBER e ^ ~ MN MmG]KW Ll'za41ll ~a ~ °~~,Y};,;,I~ I of ~~J~ EASEMENT VACARON S 3 I i~~~a ~ i.,~ AREA a~ I O VJ~~_ O I, I ~ $ ~ PARCEL A br~/a~ PARCEL A I ~I ~ z ~ RECORD OF SURVEY /VY~ I of I No. 9181 z I I ~I 10• S--I I ~ 5 I I ~----------'~-d--------~--~ I -------= mo - o LINE BEARING D6TANCE LI N 09'50'Od` E 5,00 L2 S 00'03 13" E 11.50 L3 5 BB'SBU2' W 10.00' L4 N 89'50'03' E 10.00' BLOCK 3 I K~STRLL LANp SURVEYING 16T4 W. H/LL RD., ~' 6, BOISE, /D 83707 PHONE' (2D8) 8BH-7345