2014-04-22cWE IDIAN -- CITY COUNCIL REGULAR
IDAHO MEETING AGENDA
City Council Chambers
33 East Broadway Avenue
Meridian, Idaho
Amended Agenda
Tuesday, April 22, 2014 at 6:00 PM
Roll -Call Attendance
X David Zaremba X Joe Borton
X_ Charlie Rountree X Keith Bird
X Genesis Milam Luke Cavener
Mayor Tammy de Weerd
2. Pledge of Allegiance by Carson Hart and Jacob Stott with Boy Scout Troop 144
3. Community Invocation by None
4. Adoption of the Agenda Adopted
5. Consent Agenda Approved
A. Development Agreement for Approval: RZ 13-015 Oaks North and Oaks
South by Coleman Homes, LLC Located South Side of W. McMillan Road
Between N. McDermott Road and N. Black Cat Road (Oaks South) and
North Side of W. McMillan Road Between N. McDermott Road and N. Black
Cat Road (Oaks North) Request: Rezone Approximately 33.08 Acres from
the R-8 (Medium Density Residential) and R-15 (Medium -High Density
Residential) Zoning Districts to the R-4 (Medium -Low Density
Residential)(1.77 Acres), R-8 (Medium Density Residential) (7.43 Acres), R-
15 (Medium -High Density Residential) (18.34 Acres) and L -O (Limited
Office) (5.54 Acres) Zoning Districts for Oaks South Subdivision AND
Rezone Approximately 298.33 Acres from R-4, R-8 and R-15 Zoning
Districts to the R-4 (160.06 Acres), R-8 (104.56 Acres), R-15 (33.71 Acres)
Zoning Districts for Oaks North Subdivision
B. Development Agreement for Approval: AZ 13-008 Oaks South Subdivision
by Coleman Homes, LLC Located South Side of W. McMillan Road Between
N. McDermott Road and N. Black Cat Road Request: Annexation of
Approximately 103.04 Acres from the RUT Zoning District in Ada County to
the R-4 (Medium -Low Density Residential) and R-8 (Medium Density
Residential) Zoning Districts
Meridian City Council Meeting Agenda —Tuesday, April 22, 2014 Page 1 of 4
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.
C. Termination and Release of Development Agreement for Instrument No.
109009629 with Coleman Homes for MDA 13-015 (Oaks North and South)
D. License Agreement with Ada County Highway District for use of Fiber Optic
Conduit under Cherry/Meridian Road Intersection
E. Agreement with Idaho Power Regarding Use of Idaho Power Transmission
or Generation System Documentation
F. CableONE Movie Night in Meridian 2014 Single -Night Sponsorship
Agreement Between the Meridian United Sports Center Academy and the
City of Meridian for a Not -to -Exceed Amount of $350.00
G. Approval of, and Authorization for the Purchasing Manager to Sign
Contract Change Order No. 3 to the Existing Agreement for Independent
Contractor Services for the "WWTP Fermentation and Odor Control"
Project to Contractors Northwest for the Not -To -Exceed Amount of
$109,993.00. This Change Order Brings the Contract Total to $2,528,256.00
H. FP 14-016 Casa Bella Subdivision by Providence Properties, LLC Located
5555 N. Locust Grove Road Request: Final Plat Approval Consisting of
Twenty -One (21) Building Lots and Four (4) Common/Other Lots on 14.69
Acres of Land in the L -O and R-8 Zoning Districts
6. Items Moved From Consent Agenda None
7. Action Items
A. Public Hearing Continued from April 15, 2014: TEC 14-004 Ambercreek by
Trilogy Idaho Located Southwest Corner of W. McMillan Road and N.
Meridian Road Request: One (1) Year Time Extension on the Preliminary
Plat in Order to Obtain the City Engineer's Signature on Final Plat
Approved
B. Continued from April 15, 2014: FP 14-012 Ambercreek No. 2 by Trilogy
Idaho Located Southwest Corner of W. McMillan Road and N. Meridian
Road Request: Final Plat Approval Consisting of Fifty -Four (54) Single
Family Residential Building Lots and Two (2) Common Lots on 10.58 Acres
of Land in an R-8 Zoning District Approved
C. FP 14-017 Gramercy Heights Subdivision No. 1 by The Westpark Company,
Inc. Located South of E. Overland Road and West of S. Eagle Road on E.
Griffon Street Request: Final Plat Approval Consisting of Six (6) Building
Lots on 1.01 Acres of Land in the R-15 Zoning District Approved
Meridian City Council Meeting Agenda —Tuesday, April 22, 2014 Page 2 of 4
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.
D. Public Hearing: VAC 14-003 Jayker No. 1 (Lots 15 & 16, Block 11) by The
Club at Spurwing LLC Located North of Chinden Boulevard and East of N.
Jayker Way Request: Vacate a Portion of the 10 -Foot Wide Public Utility,
Drainage and Irrigation (PUDI) Easement Along the Shared Lot Lines of
Lots 15 and 16 AND Lots 16 and 17, Block 11 Platted with Jayker
Subdivision No. 1 Approved
E. Public Hearing: MDA 14-005 Northpointe Commercial by
Blackhawk/Meridian, LLC Located Northwest Corner of W. McMillan Road
and N. Linder Road Request: Amend the Recorded Development
Agreement (Instr. #103181095) to Remove the Requirement of Obtaining
Detailed Conditional Use Permit for the Commercial Lots Approved
F. Public Hearing: RZ 14-002 Reardon Subdivision by CS2, LLC Located
Southwest Corner of W. Cherry Lane and N. Summertree Way Request:
Rezone Approximately 2.20 Acres from the R-4 (Medium -Low Density
Residential) Zoning District to the R-8 (Medium -Density Residential) Zoning
District Approved
G. Public Hearing: PP 14-003 Reardon Subdivision by CS2, LLC Located
Southwest Corner of W. Cherry Lane and N. Summertree Way Request:
Preliminary Plat Approval of Ten (10) Single Family Residential Lots and
Four (4) Common/Other Lots on Approximately 1.96 Acres in a Proposed R-
8 Zoning District Approved with Conditions
H. Public Hearing: VAC 14-002 Reardon Subdivision by CS2, LLC Located
Southwest Corner of W. Cherry Lane and N. Summertree Request: Vacate
the Private Drain Field Easement on Lot 2, Block 1 and Note #6 Platted with
the Hearthstone Subdivision Approved
I. Public Hearing: AZ 14-004 Amberwave Subdivision by The Land Group, Inc.
Located Southwest Corner of W. McMillan Road and N. Meridian Road
Request: Annexation of Approximately 5.56 Acres from RUT in Ada County
to the R-15 (Medium High Density Residential) Zoning District Approved
J. Public Hearing: PP 14-002 Amberwave Subdivision by The Land Group, Inc.
Located Southwest Corner of W. McMillan Road and N. Meridian Road
Request: Preliminary Plat Approval of Twenty -Seven (27) Single Family
Residential Lots and Three (3) Common Lots on Approximately 4.70 Acres
in the Proposed R-15 Zoning District Approved
8. Ordinances
A. Ordinance No. 14-1602: An Ordinance (AZ 13-008 & RZ 13-008 — Oaks
North And South Subdivision) for Annexation And Rezone of Parcels of
Land Located in the North % of Section 33, Township 4 North, Range 1
Meridian City Council Meeting Agenda — Tuesday, April 22, 2014 Page 3 of 4
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.
West, and Annexing Certain Lands and Territory, Establishing and
Determining the Land Use Zoning Classification of Said Lands From RUT,
R-4, R-8 And R-15 To R-4 (Medium Low Density Residential District) (221.55
Acres); R-8 (Medium Density Residential District) (155.31 Acres); R-15
(Medium High Density Residential District) (52.05 Acres) and L -O (Limited
Office District) (5.54 Acres) in The Meridian City Code; and Providing An
Effective Date Approved
9. Future Meeting Topics None
Adjourned at 7:32 p.m.
Meridian City Council Meeting Agenda — Tuesday, April 22, 2014 Page 4 of 4
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 April 22, 2014
A meeting of the Meridian City Council was called to order at 6:00 p.m., Tuesday, April
22, 2014, by Mayor Tammy de Weerd.
Members Present: Mayor Tammy de Weerd, Keith Bird, Charlie Rountree, David
Zaremba, Genesis Milam, Joe Borton and Luke Cavener.
Others Present: Jaycee Holman, Bill Nary, Bruce Chatterton, Bill Parsons, John
Overton, Mark Niemeyer, Warren Stewart and Dean Willis.
Item 1: Roll -call Attendance:
Roll call.
X David Zaremba X Joe Borton
X Charlie Rountree X Keith Bird
X Genesis Milam X Luke Cavener
X Mayor Tammy de Weerd
De Weerd: Good evening. I would like to welcome you to the City Council meeting. It's
always nice to see the room filled. For the record it is Tuesday, April 22nd. It's 6:00
p.m. We will start with roll call attendance, Madam Clerk.
Item 2: Pledge of Allegiance by Carson Hart and Jacob Stott with Boy Scout
Troop 144
De Weerd: Okay. I would like to thank our youth for being here. We always like to see
young faces in our crowd as well and this next item we have two of our Boy Scouts that
will be leading us in this Pledge of Allegiance. They are from Troop 414, which is the
Amity LDS Ward. Carson Hart and Jacob Stott. If you will, please, come forward and
lead us in the pledge to our flag. If you will all rise.
(Pledge of Allegiance recited.)
De Weerd: Carson and Jacob, if I could offer you these pins and thank you for leading
us.
Item 3: Community Invocation by
De Weerd: Item No. 3 is -- we will skip, because we don't have someone assigned.
Item 4: Adoption of the Agenda
De Weerd: So, we will skip to Item 4, adoption of the agenda.
Rountree: Madam Mayor?
Meridian City Council
April 22, 2014
Page 2 of 36
De Weerd: Mr. Rountree.
Rountree: On Item 8-A, the ordinance number is 14-1602. And with that addition I
move that we approve the agenda.
Bird: Second.
De Weerd: I have a motion and a second to approve the agenda. All those in favor say
aye. All ayes. Motion carried.
MOTION CARRIED: ALL AYES.
Item 5: Consent Agenda
A. Development Agreement for Approval: RZ 13-015 Oaks North
and Oaks South by Coleman Homes, LLC Located South Side
of W. McMillan Road Between N. McDermott Road and N. Black
Cat Road (Oaks South) and North Side of W. McMillan Road
Between N. McDermott Road and N. Black Cat Road (Oaks
North) Request: Rezone Approximately 33.08 Acres from the
R-8 (Medium Density Residential) and R-15 (Medium -High
Density Residential) Zoning Districts to the R-4 (Medium -Low
Density Reside ntial)(1.77 Acres), R-8 (Medium Density
Residential) (7.43 Acres), R-15 (Medium -High Density
Residential) (18.34 Acres) and L -O (Limited Office) (5.54 Acres)
Zoning Districts for Oaks South Subdivision AND Rezone
Approximately 298.33 Acres from R-4, R-8 and R-15 Zoning
Districts to the R-4 (160.06 Acres), R-8 (104.56 Acres), R-15
(33.71 Acres) Zoning Districts for Oaks North Subdivision
B. Development Agreement for Approval: AZ 13-008 Oaks South
Subdivision by Coleman Homes, LLC Located South Side of
W. McMillan Road Between N. McDermott Road and N. Black
Cat Road Request: Annexation of Approximately 103.04 Acres
from the RUT Zoning District in Ada County to the R-4
(Medium -Low Density Residential) and R-8 (Medium Density
Residential) Zoning Districts
C. Termination and Release of Development Agreement for
Instrument No. 109009629 with Coleman Homes for MDA 13-
015 (Oaks North and South)
D. License Agreement with Ada County Highway District for use
of Fiber Optic Conduit under Cherry/Meridian Road
Intersection
Meridian City Council
April 22, 2014
Page 3 of 36
E. Agreement with Idaho Power Regarding Use of Idaho Power
Transmission or Generation System Documentation
F. CableONE Movie Night in Meridian 2014 Single -Night
Sponsorship Agreement Between the Meridian United Sports
Center Academy and the City of Meridian for a Not -to -Exceed
Amount of $350.00
G. Approval of, and Authorization for the Purchasing Manager to
Sign Contract Change Order No. 3 to the Existing Agreement
for Independent Contractor Services for the "WWTP
Fermentation and Odor Control" Project to Contractors
Northwest for the Not -To -Exceed Amount of $109,993.00. This
Change Order Brings the Contract Total to $2,528,256.00
H. FP 14-016 Casa Bella Subdivision by Providence Properties,
LLC Located 5555 N. Locust Grove Road Request: Final Plat
Approval Consisting of Twenty -One (21) Building Lots and
Four (4) Common/Other Lots on 14.69 Acres of Land in the L -O
and R-8 Zoning Districts
De Weerd: Item 5 is our Consent Agenda.
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Rountree: I move that we approve the Consent Agenda as published and authorize the
Clerk to attest and the Mayor to sign.
Bird: Second.
De Weerd: I have a motion and a second to approve the Consent Agenda as printed. If
there is no discussion, Madam Clerk, will you call roll.
Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea; Milam, yea; Cavener,
yea.
De Weerd: All ayes.
MOTION CARRIED: ALL AYES.
Item 6: Items Moved From Consent Agenda
De Weerd: There were not items moved from the Consent Agenda.
Meridian City Council
April 22, 2014
Page 4 of 36
Item 7: Action Items
A. Public Hearing Continued from April 15, 2014: TEC 14-004
Ambercreek by Trilogy Idaho Located Southwest Corner of W.
McMillan Road and N. Meridian Road Request: One (1) Year
Time Extension on the Preliminary Plat in Order to Obtain the
City Engineer's Signature on Final Plat
B. Continued from April 15, 2014: FP 14-012 Ambercreek No. 2 by
Trilogy Idaho Located Southwest Corner of W. McMillan Road
and N. Meridian Road Request: Final Plat Approval Consisting
of Fifty -Four (54) Single Family Residential Building Lots and
Two (2) Common Lots on 10.58 Acres of Land in an R-8 Zoning
District
De Weerd: So, we will move right into our Action Items. 7-A and B are public hearings
on TEC 14-004 for Ambercreek and FP 14-012 also of Ambercreek. I will open these
public hearings with staff comments.
Parsons: Thank you, Madam Mayor, Members of the Council. These items were
continued from the April 15th hearing. During that hearing if you recall there were some
neighbors that came out and testified that the property needed to be cleaned up and as
Council always acts in those requests, the applicant has actually gone out to that site,
met with our code enforcement officers. I have even gone out to the site this afternoon
to verify that the property is, indeed, been cleaned up per your direction at the last City
Council hearing. I did receive an e-mail from Lieutenant Overton as well saying that the
code enforcement went out there and verified everything was cleaned up, too. So, as
presented to you at the last hearing, we did recommend -- or ask you to approve the
extension one year. That is what the applicant was requesting from you at that time and
we stand with that and as I mentioned to you as well we are recommending a new
condition of approval with that time extension. If you recall that was in relation to this
road connection as depicted in this exhibit. We are asking that you approve this one
year time extension with the condition that the road connection be replaced with a
micropath connection and that would be constructed with the third phase of the
development. In moving forward to Item 7-13, which is the final plat, I wanted to bring
forth, as I have in your hearing outline this evening, I wanted to make mention to
Council that you actually approved phase two of Ambercreek Subdivision back in 2006.
The plat that is presented to you this evening is actually a smaller phase. So, in their
application submittal the applicant has requested that you act on the withdrawal of that
final plat application before you act on this final plat, so that we have a clear record that
you acknowledged the withdrawal of that final plat in 2006 and that will allow you to
make a recommendation or make a decision on the new final plat that's before you this
evening. And the primary difference between that and this plat is the applicant is
actually reducing the number of buildable lots from 74 buildable lots down to 54
buildable lots as presented to you this evening. All of other conditions remain in effect.
The time extension is, of course, critical to this -- keeping this project moving forward. If
Meridian City Council
April 22, 2014
Page 5 of 36
you deny that time extension, of course, the proposed final plat would also be denied as
well and no longer be valid, so the applicant could not move forward without submitting
a new final plat -- or new preliminary plat and go before the hearing -- or go before
Commission and you again here within the next couple months. So, this plat before you
this evening does comply with the approved preliminary plat. I would mention to you
that with the first phase of Ambercreek Subdivision there wasn't a lot of open space
created with that first phase. With this second phase the application is actually
proposing the most important amenity for this subdivision, which is actually this central
park or central open space here and, again, that will have a tot lot and some walking
paths as well as conditions with their preliminary plat. So, this certainly -- based on
what we heard at the hearing last meeting, there is really no place for the kids to play
out there in that subdivision, because there are no amenities constructed in there yet.
This would become a valuable amenity to serve not only phase one, but also phase two.
The applicant has received the staff report. They are in agreement with all the
conditions of the final plat and so staff is asking for Council to recommend approval of
both the time extension and final plat. I will stand for any questions you may have.
De Weerd: Thank you, Bill. Council, any questions?
Bird: I have none.
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Rountree: Bill, does the DA or the notes on the plat indicate the timing of the open
space -- the playground?
Parsons: Madam Mayor, Members of the Council, Councilman Rountree, to my
knowledge there was nothing in the DA that required the timing for that open space and
that's why when I had my discussions with the applicant when they discussed the
possibility of asking to withdraw the previous final plat and come in with a new final plat I
did convey to them that the planning division would be looking for that open space with
the next phase. And so they did oblige staff and provide that.
Rountree: Very good. Thank you.
De Weerd: Okay. Any questions from Council at this time?
Bird: I have none.
De Weerd: Okay. The applicant's representative?
Brown: For the record, Kent Brown, 3161 East Springwood, Meridian, Idaho. I think we
have taken care of the concerns that were issued last time and got to meet with code
enforcement out there and the -- some of the issues were the concrete trucks and the
Meridian City Council
April 22, 2014
Page 6 of 36
construction, them washing out. We actually created a -- one of those washout basins
for them to officially have a place that they can do that. So, that shouldn't be an issue
going forward and it won't be an issue as we go forward with our next phase, because
the area that was in question would be included in -- in all of that. The current situation
-- they had three non -- three lots that haven't been built on and that's why my clients
are anxious to this year get this phase two in the ground and completed. We have
submitted the plan to ACHD for that second phase of the development. They have
been in for three or four weeks now with them. So, hopefully, we will be hearing
comments from them soon on that, so -- stand for any questions.
De Weerd: Okay. So, Kent, I don't want to sound cynical, but we saw the action that
you were able to create. How are -- is it assured that that's not going to happen again?
Brown: You mean the --
De Weerd: The clean up. You know, the hazards.
Brown: When I met with code enforcement out there, technically, we are in violation,
but for the most part the issues -- the chairs and so forth that you saw -- if I was a kid
living next to there I would have probably been the one -- the culprit that had done that.
I remember playing with the flagging stakes and they were our swords.
De Weerd: Uh-huh.
Brown: The chairs were pulled from their backyards. The plywood was there. Actually,
went out and grabbed the chairs and the plywood myself today and there was paper
plates and plastic forks and that was their fort. There was probably about the size of
three basketballs that they had dug a hole in the ground and that's what they were kind
of huddling their chairs around. That was the biggest thing that was reported. There
were mounds of dirt, but technically that isn't a violation from what code enforcement
told me, unless things were sticking out of them. We have talked with our client about
that. Code enforcement told me that this particular landowner is very good at -- anytime
that there is anything that's brought to their attention they immediately take care of it, so
-- does that answer your question?
De Weerd: Yes. Thank you. Council, any questions for Kent?
Bird: I have none.
Rountree: I have none.
Milam: No.
De Weerd: Thank you.
Brown: Thank you.
Meridian City Council
April 22, 2014
Page 7 of 36
De Weerd: So, Council, you kept this open to get a report back on those items. Any
further information needed?
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: Is there public testimony? Are we going to allow testimony from anybody?
De Weerd: We kept it open for those particular items.
Bird: I have no -- I need no --
De Weerd: Do we have a neighbor who would like to provide information on the items
we kept this open for? I guess I would ask for a nod or a shake of the head. Are things
cleaned up. The bobble head says yes.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: Seeing that, I move we close the public hearings on TEC 14-004 and FP 14-012.
Milam: Second.
Rountree: Second,
De Weerd: I have a motion and a second to close the public hearing on Items 7-A and
B. All those in favor say. I guess technically 7-13 wasn't a public hearing, but that's all
right.
MOTION CARRIED: ALL AYES.
De Weerd: Okay.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I move that we approve TEC 14-004 and to include all staff, applicant, and public
testimony in this one year time extension.
Milam: Second.
Meridian City Council
April 22, 2014
Page 8 of 36
De Weerd: I have a motion and a second to approve the time extension, Item 7-A. Any
discussion from Council?
Milam: Madam Mayor?
De Weerd: Mrs. Milam.
Milam: I do believe that last time there was some controversy over the amount of
extensions; is that correct? The number of extensions that we had.
De Weerd: There was discussion on that, yes.
Milam: So, we may want to just add in there something about this being the last one or
not give anymore extensions after this one. We had a couple councilmen that were not
in favor of too many extensions on that.
De Weerd: Would the motion maker like to --
Bird: I would not, because you never know what circumstance is going come. That's
something we can -- we can determine when it comes before us. I hate to put any rules
and regulation on something down the road.
De Weerd: I'm sure the developer's representative will make sure he clearly articulates
the appetite of this Council for further time extensions; right? Any further comments?
Okay. Madam Clerk.
Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, nay; Milam, yea; Cavener,
yea.
De Weerd: Five ayes and one nay.
MOTION CARRIED: FIVE AYES. ONE NAY.
De Weerd: Okay. Item 7-B.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I move we -- Bill -- excuse me, Madam Mayor. Make sure I say this right,
because I got to withdraw the final plat of 2006 in this motion, don't I?
Nary: Yes.
Bird: Okay. I move that we approve FP 14-012 with the concession of withdrawing FP
06-027 as a -- as an application and to include all staff, applicant, and public testimony.
Meridian City Council
April 22, 2014
Page 9 of 36
Milam: Second.
De Weerd: I have a motion and a second to approve Item 7-B. Any discussion from
Council?
Rountree: I have none.
De Weerd: Okay. Madam Clerk, will you call roll.
Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, nay; Milam, yea; Cavener,
yea.
De Weerd: All ayes. Motion carried.
MOTION CARRIED: ALL AYES.
De Weerd: I would like to note to the neighbors thank you for giving us a heads up on
what's going on out in your neighborhood and I hope you do know who to call now if -- if
we need to send code enforcement out there. Thank you, Kent.
C. FP 14-017 Gramercy Heights Subdivision No. 1 by The
Westpark Company, Inc. Located South of E. Overland Road
and West of S. Eagle Road on E. Griffon Street Request: Final
Plat Approval Consisting of Six (6) Building Lots on 1.01 Acres
of Land in the R-15 Zoning District
De Weerd: Okay. Item 7-C is a final plat on 14-017. 1 will ask for staff comments at
this time.
Parsons: Thank you, Madam Mayor, Members of the Council. The next item on the
agenda is the Gramercy Heights Subdivision. This was before you a couple months
ago. This -- this plat consists of basically six residential lots. There is no open space
with this phase. On the left-hand side of the graphic here you can see the approved
preliminary plat and the proposed final plat actually consists of these six lots adjacent to
the local street. Again, these lots do conform to the approved preliminary plat and the
only reason why this is a public hearing this evening is because the applicant did not
provide the written testimony within the time frame to place it on the Consent Agenda.
But I did receive an e-mail on Monday. They are in agreement with all the conditions in
the staff report. Therefore, staff is recommending approval of the final plat and I will
stand for any questions you may have.
De Weerd: Thank you, Bill. Council, any questions?
Bird: I have none.
Meridian City Council
April 22, 2014
Page 10 of 36
Milam: None.
Rountree: I have none.
De Weerd: Is the applicant here this evening? Okay. The applicant is in agreement
with the staff report. Council, any further information needed?
De Weerd: Okay.
Borton: Madam Mayor?
De Weerd: Mr. Borton.
Borton: Seeing no further discussion, I would move we approve Item 7-C, FP 14-017
for Gramercy Heights.
Rountree: Second.
De Weerd: I have a motion and a second to approve Item 7-C. If there is no
discussion, Madam Clerk, will you call roll.
Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea; Milam, yea; Cavener,
yea.
De Weerd: All ayes. Motion carried.
MOTION CARRIED: ALL AYES.
D. Public Hearing: VAC 14-003 Jayker No. 1 (Lots 15 & 16, Block
11) by The Club at Spurwing LLC Located North of Chinden
Boulevard and East of N. Jayker Way Request: Vacate a
Portion of the 10 -Foot Wide Public Utility, Drainage and
Irrigation (PUDI) Easement Along the Shared Lot Lines of Lots
15 and 16 AND Lots 16 and 17, Block 11 Platted with Jayker
Subdivision No. 1
De Weerd: Item 7-D is a public hearing on VAC 14-003. 1 will open the public hearing
with staff comments.
Parsons: Thank you, Madam Mayor, Members of the Council. Next item on the agenda
this evening is Jayker's No. 1 vacation. As you can see in the vicinity map here this is
two lots that was platted with the Jayker's Subdivision in 2007. In 2012 the city had
actually approved a property boundary adjustment to change -- or reconfigure the
parcels and so in this application this evening there is now one single owner that owns
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April 22, 2014
Page 11 of 36
both parcels and he is currently in the planning stages of his single family residence on
the property and he wants to be able to span -- have his structure span the lot lines
across the two buildable lots here. So, in this vacation exhibit this evening I'm showing
the easements here highlighted in blue is what is requested to be vacated this evening.
Again, it is a portion of those easements. This would be a Lot 15 on the left. Lot 16 on
the right. And to the south of it is Lot 17. So, there is the portion of the utility easement
that was created with that platting. As I mentioned to you, because there was a
property boundary adjustment, I have highlighted the original parcel lines in red here to
show you how the parcel was originally configured with the Jayker Subdivision.
Through the property boundary adjustment we actually shifted these lots to the south,
therefore, we created this utility easement that's currently floating in this parcel. So, it's
actually 20 feet into the buildable lot and that's why the applicant is here requesting
vacation of these easements. We did receive letters from all the utility providers in
support of the easement vacation. As I mentioned in the staff report, the applicant, if he
is proposing this resident to span the lot line, as I'm showing here with the cursor, he
would have to do another property boundary adjustment with the city to remove that,
consolidate the two parcels, so that he could actually build across that lot line. One
other item. The one other item that we have called out in the staff report that I want to
bring to your attention, too -- because we did facilitate a property boundary adjustment
in 2012 and we did shift those lines -- parcel lines to the south, the city did not
reestablish new utility easements along the new boundary of that parcel here and that's
what I have highlighted in green for you. So, in my staff report, because the applicant
may have to come back for a new property boundary adjustment, they can go down to
the county and record utility easements and reference that recorded document on the
record of survey showing the establishment of those new easements. So, along this
portion of the property staff is recommending a five foot utility easement along the south
boundary of this lot only and, then, along the shared boundary here we are
recommending that a new ten foot public utility easement be platted or at least
conveyed across this boundary as well, so that when this parcel to the south redevelops
they have the necessary easements in place just in case they are ever needed in the
future and these are -- these easements that staff is recommending in the staff report be
recreated actually are pretty standard under our subdivision process. So, they are
nothing new or onerous on the owner, it's just something that we like to have platted
along the lot lines to address any drainage on the property as well. So, we feel it's
important. Staff has not received any confirmation from the applicant if they are in
agreement with this new recommended condition, but I did want to at least go on the
record and state that we are recommending that change and, again, I have not heard
from the applicant whether or not they support staff's recommendation or not. So,
don't know if I see the applicant's representative in the audience either this even, so I
would stand for any questions you have at this time.
De Weerd: Bill, just a question. If we know they need to come back why can't we do it
all in one swoop?
Parsons: Madam Mayor, Members of the Council, we will. I mean that's -- my condition
is you coming back for the PBA they could have those easements recorded. It's not
Meridian City Council
April 22, 2014
Page 12 of 36
another application with the city to record a new easement, it would be something they
do through the county. A record of survey does not plat easements and it does not get
rid of parcel lines, so even though they are going to do a property boundary adjustment
to consolidate the property, they can't create new easements that way under state
statute and the county won't allow it, so they have to do it through a separate agreement
and they have to record that with the county and they reference that instrument number
on the record of survey. So, you can reference those items, you just can't create new
easements.
De Weerd: Okay. They don't need to have another process and -- okay.
Parsons: That is correct.
De Weerd: Okay. Council, any questions?
Bird: I have none.
De Weerd: Is the applicant's representative here? Okay.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: Hearing none, I move we close the public hearing on VAC 14-003.
Milam: Second.
De Weerd: I -- I'm sorry. Did anyone have testimony on this item? I asked for the
applicant, but I didn't ask for public testimony. Okay. Seeing none, I do have a motion
and a second to close the public hearing. All those in favor say aye. All ayes. Motion
carries.
MOTION CARRIED: ALL AYES.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I move we approve VAC 14-003 with staff comments.
Milam: Second.
De Weerd: I have a motion and a second to approve Item 7-D with staff comments.
Any discussion from Council? Seeing none, Madam Clerk.
Meridian City Council
April 22, 2014
Page 13 of 36
Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea; Milam, yea; Cavener,
yea.
De Weerd: All ayes. Motion carried.
MOTION CARRIED: ALL AYES.
E. Public Hearing: MDA 14-005 Northpointe Commercial by
Blackhawk/Meridian, LLC Located Northwest Corner of W.
McMillan Road and N. Linder Road Request: Amend the
Recorded Development Agreement (Instr. #103181095) to
Remove the Requirement of Obtaining Detailed Conditional
Use Permit for the Commercial Lots
De Weerd: Item 7-E is a public hearing on MDA 14-005. 1 will open this public hearing
with staff comments.
Parsons: Thank you, Madam Mayor, Members of the Council. Next item on the agenda
is Northpointe Commercial development agreement modification. This property sits on
the northwest corner of Linder Road and McMillan Road and was actually platted -- or
annexed in with the Kelly Creek Subdivision in 2003. At the time that the applicant
received approval from the city there was a development agreement that required all the
commercial lots within the Kelly Creek Subdivision to obtain detailed CUP approval.
The reason for that at the time was that the city did not really have a well defined design
review ordinance in place or a design manual and so that was standard practice back in
the day when then planned developments came through. That's a pretty typical
condition that Council required as part of the annexation process. So, the applicant has
run into a little snag based on that requirement in the DA. As I alluded to in the staff
report, back in 2012 the city approved a Capital -- a Cap Ed Credit Union on the site
with a drive-thru as required in the DA to go through the conditional use process. Well,
now that the bank is under construction, the developer that owns the lot to the west of
the bank site would like to have his building pad site, his landscaping, his parking,
installed with Cap Ed's site, so that he can get a building pad ready to go, expecting a
commercial in the future. Well, when he came and approached staff at the counter we
told him we couldn't allow him to move forward on site construction unless he went --
amended the DA or went through the conditional use process. He elected -- because
going -- continuing the DA was the typical process coming forward to you and that staff
knew that we had adequate design standards in the ordinance and the design manual,
we felt comfortable bringing forth a recommendation this evening that removed that
requirement for the CUP approval prior to site development and so here are the two
sections or the two items that staff is proposing this evening for modification. The first is
to omit section five and this requires, again, CUP approval to any construction on the
site and, then, section six, DA provision number four, actually requires the plan -- for
them to go through a planned unit development to establish basically the site
development or any building elevations on the site. So, again, we feel very comfortable
that we have the necessary tools in place. I'd also bring Council's attention that
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April 22, 2014
Page 14 of 36
because there is already a drive-thru use on this site, if another drive-thru use was
proposed for the property and because this commercial property is within 300 feet of
residential district, the applicant or whoever develops or proposes another drive-thru,
that property would still have to go through the conditional use process as required in
our ordinance. So, we are not giving away the farm by removing this requirement, we
are just allowing them to go through it as any typical commercial development does
today to staff level if it doesn't require a conditional use, if they just go through what's
allowed in the zoning ordinance. If a drive-thru or any use that requires a conditional
use permit is required in the UDC, then, again, they would still have to go through the
public hearing and notify all the residents within 300 foot radius and, then, still go before
our Planning and Zoning Commission. So, we believe we have the necessary tools in
place and, again, we are recommending approval with these modifications presented to
you this evening.
De Weerd: Thank you, Bill. Council, any questions?
Zaremba: Madam Mayor?
De Weerd: Mr. Zaremba.
Zaremba: Thank you, Bill. I -- you probably said this, but I just want to confirm.
Because this was approved so many years ago I agree we did not have design review
at that time and we do now.. How do we know that design review applies to them if they
still have the original rights back from them and we take this provision out? I guess my
question is shouldn't we be -- instead of omitting section five, shouldn't we be saying
change section five to say you are under the current law subject to design review,
because I'm not sure that connection is -- I guess that's a question --
De Weerd: Mr. Zaremba, will you make sure to speak into your mike?
Zaremba: Yes. I'm sorry.
Parsons: Madam Mayor, Members of the Council, you certainly could add -- you could
certainly modify that provision to say that they go through certificate of zoning
compliance and administrative design review prior to site development.
Zaremba: Because the current laws apply.
Parsons: Correct. We can add that --
Zaremba: Which is the whole reason for eliminating the --
Parsons: Yeah.
Zaremba: I'm just worried -- let's say they sold the property tomorrow and the new
person says, oh, I'm not subject to this, because of the approval many years ago.
Meridian City Council
April 22, 2014
Page 15 of 36
Parsons: Yeah. Madam Mayor, Members of the Council, that -- just by omitting this it
doesn't get them out of the requirement of going -- being subject to this zoning
ordinance.
Zaremba: They would still be required --
Parsons: Any commercial development, commercial building, requires certificate of
zoning compliance and design review.
Zaremba: And the new laws apply to --
Parsons: And the new laws apply to this piece of ground.
Zaremba: Okay. I'm comfortable with that if you are.
De Weerd: Bill, thank you for repeating almost everything he said. If you would speak
into the mike.
Zaremba: Yes.
De Weerd: Okay. Any other questions?
Bird: I have none.
De Weerd: Okay. Is the applicant's representative here? The applicant's in agreement
and has no testimony unless Council has questions.
Bird: I have none.
De Weerd: No? Okay. Thank you. This is a public hearing. Is there anyone who
would like to offer testimony on this item? Okay. Thank you.
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Rountree: Seeing no further public testimony, I move we close the public hearing on
Item 7-E, MDA 14-005.
Bird: Second.
De Weerd: I have a motion and a second to close the public hearing on Item 7-E. All
those in favor say aye. All ayes.
MOTION CARRIED: ALL AYES.
Meridian City Council
April 22, 2014
Page 16 of 36
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Rountree: I move that we approve the MDA 14-005 subject to staff's comments and the
applicant's agreement.
Bird: Second.
De Weerd: Okay. I have a motion and a second to approve Item 7-E. Is there any
discussion from Council? Okay. Madam Clerk.
Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea; Milam, yea; Cavener,
yea.
De Weerd: All ayes. Motion carried.
MOTION CARRIED: ALL AYES.
F. Public Hearing: RZ 14-002 Reardon Subdivision by CS2, LLC
Located Southwest Corner of W. Cherry Lane and N.
Summertree Way Request: Rezone Approximately 2.20 Acres
from the R-4 (Medium -Low Density Residential) Zoning District
to the R-8 (Medium -Density Residential) Zoning District
G. Public Hearing: PP 14-003 Reardon Subdivision by CS2, LLC
Located Southwest Corner of W. Cherry Lane and N.
Summertree Way Request: Preliminary Plat Approval of Ten
(10) Single Family Residential Lots and Four (4)
Common/Other Lots on Approximately 1.96 Acres in a
Proposed R-8 Zoning District
H. Public Hearing: VAC 14-002 Reardon Subdivision by CS2, LLC
Located Southwest Corner of W. Cherry Lane and N.
Summertree Request: Vacate the Private Drain Field Easement
on Lot 2, Block 1 and Note #6 Platted with the Hearthstone
Subdivision
De Weerd: Now, those were pretty much our clean-up items. These next ones are also
public hearings. We will launch right into those. 7-F, G and H are public hearings on
RZ 14-002, PP 14-003 and VAC 14-002. 1 will open these three public hearings with
staff comments.
Parsons: Thank you, Madam Mayor, Members of the Council. Next item on the agenda
this evening is the Reardon Subdivision. It's located near the southwest corner of West
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April 22, 2014
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Cherry Lane and North Summertree Way. This property was annexed and zoned in the
city in 2001 as Hearthstone Subdivision and at that time -- at the time of annexation it
came in with the R-4 zoning district. If you can see in the exhibit to the left there, the
majority of the property surrounding this property is R-4 or R-8 in the city, with a few
outlier county parcels, which are R-2 and R-1 to the west and to the south. At the time
that this was before you in 2001 the property could not be served by city services and
so a requirement as part of that approval subdivision required the existing home that
you see in area here -- aerial here to remain hooked up to the existing well and septic
system. In tonight's presentation the applicant is actually proposing to vacate the septic
-- the drain field easement that actually serves this development. He's actually
coordinated it with the homeowner of this property and has already proceeded and
connected the home to city utilities, as envisioned under that original approval in 2001.
So, although you're acting on the vacation tonight, I would want to let Council know that
the applicant has communicated to me that those connections have taken place
already. Here is the proposed preliminary plat that the applicant is proposing. Again,
this project -- this property also came before Council I should mention in 2007 and it
was known as Moose Creek. That plat has since expired. It never received the proper
signatures from the city and never recorded at Ada County and so what's happened,
because of the economy over the years this property has actually gone back to the bank
and so the applicant is here tonight to discuss a ten lot subdivision with you and a
rezone from the R-4 zoning district to the R-8 district as well and staff is recommending
a development agreement as a provision of the rezone this evening and I will get to
those DA provisions later in my presentation. All of the lots before you this even do
comply with the R-8 dimensional standards. Average lot size is over 5,000 square feet
consistent again with the R-8 zoning district. The existing home on this lot is not part of
the subdivision application, they are merely only part of the vacation request. So, as
mentioned to you it is hooked up to utilities at this time, so the current drain field
easement actually fits across Lots 2, 3 and 4 and 5 in this general vicinity is where the
drain field easement sits platted with that subdivision. If I can step back to the aerial,
you will also notice that there is an existing private lane that is developed on this site
and that's always been a sore spot with the city as far as that access remaining. So, as
you can see here, the applicant has worked with not only the planning staff, but ACHD
-- but he's coordinating with the property owner to the south in conjunction to vacate that
easement moving forward and we do have a condition -- a recommended DA provision
that requires that easement go away as well. So, I will get into that a little bit more. But
as presented to you this evening, you can see that the easement is gone and that
property to the south will be granted access to the local street that the applicant is
proposing to bring in off of North Summertree Way here and dead end in that cul-de-
sac. So, that would be Lot 1, Block 2, as you see here as identified as a nonbuildable
lot. And, again, the applicant has not reached an agreement, with that property owner
at this time, but they are in negotiations at this time and I will let him elaborate a little
more to you on that with his presentation. Because this project is below five acres in
size, the only required open space is the 25 foot wide landscape buffer along West
Cherry Lane, the arterial street. I know this landscape plan doesn't depict the current
plat. That was -- the plat that I presented to you on the previous slide was modifications
based on ACHD staff report and that's why it's changed a little bit from what the
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April 22, 2014
Page 18 of 36
Planning and Zoning Commission acted on and what you're seeing this evening. So,
the plat that I'm depicting at the hearing tonight actually complied with not only staff's
conditions, but also ACHD's conditions and that's why there is a few modifications here.
The applicant's also platting a common lot along the south boundary of that existing
home site and he's also granted a cross -access easement across the common lot to
facilitate access to that property. So, if and when that further subdivides, further
develops, they will take access from the new street, rather than Cherry Lane. Here is
that exhibit. As I mentioned to you you can see where the existing drain field is and,
then, also there is a note -- a plat note on the subdivision that talks about that drain field
easement is for the benefit of Lot 1, Block 1, here. So, moving forward, again, that will
be vacated. We also have a condition in the staff report that that home be connected
prior to receiving city engineer's signature on the final plat. So, the applicant has a
separate agreement between him and the adjacent property owner of that existing
home to the timing of connection of the city utilities and that's why the home is
connected prior to City Council acting on the vacation. The applicant did submit sample
elevations for you this evening. You can see here a mix of single story, two story
homes, a mix of building materials. Pretty traditional single family homes.
Recommended provision of the DA does require compliance with the submitted home
elevations. As always because this property does abut up to an arterial we want to
make sure that we do get those design elements on the rear facades as well, so we
have an attractive streetscape along Cherry Lane and the DA has been conditioned as
such. So, moving forward, as I mentioned to you earlier in my presentation, we are
recommending a development agreement with the rezone application. The first DA
provision references the compliance with the elevations. The second restricts the
property to ten single family detached homes, so someone can't come in and change
the product type for the property unless they come back through a DA modification.
The third provision deals with the access to Cherry Lane and, again, because that
property does have an existing driveway on it or private street, we want to make sure
that that is removed from the property as well, that the landscape buffer is along the
entire frontage and that they remove that driveway approach as well. And so we were
pretty specific on how we wanted that roadway to terminate and that's why we have it in
the DA as written here. And, then, the last item has to do with future access to the
property to the south. Again, because that easement -- that private lane was actually
created outside of the platting process it doesn't require the applicant to come back to
the city for a vacation application, it requires the applicant to work with that property
owner to vacate the easement through the county. So there is no city application or city
jurisdiction over the vacation of that easement. It's a private matter. And so I want to
be clear on the record that it's not the city's purview. All we can do is restrict access by
the plat, but it's still up to the applicant and that private property owner to get rid of that
private street easement and ACHD was very clear with the applicant as well and so
moving forward if that easement is worked out before we even take in the final plat
application or at least with the submittal of the final plat we want to make sure that there
is written recorded documentation that that easement has been vacated. We won't
even accept a final plat if we don't have documentation. The second item is because
the applicant is platting a nonbuildable lot to serve as access to that property to the
south, we wanted to be very clear as who owns, maintains that property moving
Meridian City Council
April 22, 2014
Page 19 of 36
forward. So, whether the applicant deeds it to the -- the new owners or the people to
the south, we want to see a warranty deed or something showing that they are the
owners of that lot and block moving forward before -- again, before we even accept the
final plat. I mean this has always been something that the city staff has communicated
to applicants as they have come forward is we want to get rid of that private street. The
applicant is providing local street access in accordance with our ordinance and,
therefore, we think is an important provision for you to act on this evening and take
under your advisement this evening as to how you want to handle that. I would also
bring to your attention that in working with this issue through ACHD staff they have
communicated to the city that they can't even accept a private street over top of that
platted easement. So, if -- if Council approves that access to remain, that Cherry Lane
connection, that project -- that public street won't even be extended to the property to
the west for future connection, because it can't -- public right of way can't be platted
over top of a private easement and that's been a big concern for -- big hurdle for ACHD
and the applicant moving forward. So, the Planning and Zoning Commission did
recommend approval at the March 20th hearing. Testifying in favor was Bob Unger.
We had several folks on the adjacent subdivision to the east that testified in opposition
to the project. That was Margie Lane. Tammy Terpin also testified. She's actually the
new owner of the property to the south. We had Sarah Cartwright, who is the property
owner to the west, testifying that she wanted pressurized irrigation and, then, Arlene
Russell was also against the project. We also prior to the P&Z Commission hearing we
also received written testimony from Tammy Terpin or the Terpins. They are the new
owners of the property to the south and they are the owners that are to maintain that
private drive across this property. In their written testimony to P&Z they asked -- they
asked for Commission to allow the existing access to remain to Cherry Lane. Later this
evening -- or earlier this afternoon I did receive an e-mail from Tammy Terpin again and
again she's asking for Council to allow the easement or private street to remain. They
want their access to remain. So, just to be clear, they don't control the property, they
just have the right to use the driveway on the property and, again, it is a private matter,
but it's something that, again, at the public hearing it was a topic of discussion. It's
certainly an outstanding issue for the -- for you this evening to take under advisement,
because if we can't get a public street to the property to the west and we can't go over
that private lane, then, Bob has to redesign the plat in order to comply with all the
conditions and I don't know if he can have staff support of that private lane stays as
shown on the property. But I did want to point that out to you. We did -- the only
additional testimony that I did receive, as I mentioned to you, was Tammy Terpin and,
again, she is requesting that you allow her privacy -- street to remain intact. Other than
that outstanding issue staff believes we do have the adequate conditions in place to
address the development of this property moving forward. How the applicant works that
out with the Terpins and himself that's a private matter, but here is what we are
presenting this evening and we ask that you take advisement on the Cherry Lane
access this evening.
De Weerd: Thank you, Bill.
Parsons: And I would stand for any questions.
Meridian City Council
April 22, 2014
Page 20 of 36
De Weerd: Council, any questions?
Bird: I have none.
De Weerd: Council, would the applicant like to make comment? Good evening. If you
will, please, state your name and address for the record.
Unger: Madam Mayor and Council, my name is Bob Unger. I'm with ULC
Management. Our address is 6104 North Gary Lane, Boise, Idaho. 83714.
De Weerd: Thank you.
Unger: Excuse me. I want to thank Bill for all the help, because we have redesigned
and redesigned and redesigned this project to try to comply with the requirements of
closing Jones Lane, which is a private lane, closing that off from Cherry Lane as per the
city's request and also as per ACHD's request. Let's go the -- the vacation of the drain
field easement that was located on the property. We have -- we have an agreement
with Nancy Young, who is the owner of the property with the house on it, which is the
north -- northeast corner, that we would provide them with city sewer and water, hook
the house up, do all the plumbing in exchange for the vacation of the drain field
easement. That has been completed. In fact, our agreement was that we would do it
within 30 days of the Planning and Zoning hearing and I believe we actually met that
date. So, they have been hooked up and that has been completed. With the -- it's very
convoluted with the private lane that the Terpins take access out to Cherry Lane. We
have with Mr. and Mrs. Terpin. They just recently bought the property. They actually
live in California. Last week my client and I met with them. We discussed and went
over the plans -- the plan that you're seeing this evening and at that time they seemed
very comfortable with the revised plan. If they weren't allowed to keep their access to
Cherry Lane, then, they would be okay with this plan and one of the items that we
discussed was that we would dedicate the nonbuildable lot, which is Lot 1, Block 2, that
we would deed that to them once the plat was recorded and that would become their
new access out to Aspen Creek Drive and they seemed very acceptable to that. What
we haven't been able to do is to put together an agreement to that effect and I think
that's what they are waiting for. So, we are still negotiating. I think the e-mail that Mrs.
Terpin sent to Bill this afternoon specifically stated that they would like to keep their
access, but they are still in negotiations with Mr. Swain and myself. So, the condition
that -- that Bill has put in, the approval that we have to resolve those -- that issue prior
to the final plat being submitted and accepted. We are very comfortable with that and
we feel very confident that we will be able to work everything out with the Terpins to get
rid of the private lane, the Jones Lane. We may have to change the name of our street
to East Jones Drive, so that they can keep their Jones -- Jones Street address, because
that seems to be very important to them. So -- so, we may have to change the name
and get that approved to help them with that. And I certainly understand. They -- they
have done all their legal documents. They have done their banking, etcetera, with the
Jones address. So, whatever we can do to work with them to help them with that we
Meridian City Council
April 22, 2014
Page 21 of 36
are going to do. So, one of the things that we have done -- and, Bill, if you could show
the plat. One of the items that we have changed on this -- on -- between Planning and
Zoning and before you this evening are the two lots that -- that we have fronted on
Summertree Way and I want to explain to you why we did that. Originally we had both
of those lots flipped 90 degrees and they were fronting on Aspen Creek Drive. I ran into
a problem where the corner lot -- if -- yeah. The lots being 50 feet wide, the corner lot
would require a 15 foot setback from Summertree Way and an eight foot lot minus that
15 feet, plus the five feet sideyard setback would reduce the building envelop down to
30 feet, which makes it a little bit -- a little bit difficult to get a nice structure on there
and, then, we realized that by flipping these and having those two lots front on
Summertree Way, then, the corner lot would have a 39 foot building envelope, instead
of a 30 foot building envelope, which is more -- well, be almost one foot shy of what all
the other lots would have as far as building envelop width. So, we have made a change
to that and I think there are some folks here from the subdivision to the east who are
going to speak on that this evening. I think what we have done and with the help of the
city staff with the revisions that we have made, are, you know, very good revisions. We
are not -- you know, we don't want to see the access to Cherry Lane either. We
understand the -- the issues with that connection. So, we are making every effort to get
that eliminated. As we have presented to you this evening, all of our lots are in
compliance with the city code and ACHD frontages and having said that I will stand for
any questions you might have.
De Weerd: Thank you. Council, any questions?
Bird: I have none.
Milam: I have none.
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Rountree: Mr. Unger, you said that the Youngs were in agreement with the vacation of
the drain field. From what I see on this plan it looks like they are going to be taking
access off of the Aspen Creek Drive and no longer off of Cherry Lane; is that correct?
Or do they take it off of Summer -- Summertree?
Unger: Madam Mayor, Council Member Rountree, they -- since they are not a part of
this subdivision, okay, they are allowed to retain their access to Cherry Lane. The -- the
20 foot access easement that we are providing is a requirement of -- in the event that
that property redevelops that it would have access to Aspen Creek. At this time it's --
we can't make their access go away, because they aren't a part of this development.
Rountree: So, you have answered my second question in that the berm would not be
extended down Cherry Lane to Summertree Way, it's just going to be up to that
property.
Meridian City Council
April 22, 2014
Page 22 of 36
Unger: Madam Mayor, Mr. Rountree, that's true. The berm would not be extended on
-- but there is -- they do have a substantial landscape berm -- or I won't -- may not call it
a berm. It is a little bit of a rise behind the sidewalk.
Rountree: Thank you.
De Weerd: Any other questions at this point?
Zaremba: Madam Mayor?
De Weerd: Mr. Zaremba.
Zaremba: Just a thought from the past that I may not be remembering correctly or
maybe. There was discussion when -- there was a time I thought -- this was way back
at Planning and Zoning many many years ago, that when the subdivision that includes
your property and the property to the east and what is now apparently the Terpins -- my
recollection is that it came in as one thing and at the time they were discussing that this
little loop on -- is it Summertree Way? Would be one way counterclockwise traffic, so
that incoming traffic would be south on Summertree. Outgoing traffic had to go around
this D -shaped loop here. Is that how it turned out or is it two way traffic on
Summertree?
Unger: Madam Mayor, Mr. Zaremba, Summertree is two way traffic --
Zaremba: Okay. Either I'm not remembering it correctly or it got changed, so --
Unger: It is an ACHD standard street. Well, it's a 40 foot wide right of way I believe is
what ACHD is stating in their -- in their staff report. So, it is a two way street and the
little D or loop that goes into the subdivision there to the east, that provides access to
their lots.
Zaremba: Great. Thank you.
De Weerd: Okay. Anything further? Thank you.
Unger: Thank you.
De Weerd: I did have a number of people that signed up. If when I call your name you
would like to offer testimony at that time I would invite you forward. I will state your
name and the position you stated on the sign-up sheet. Margie Lane signed up against.
Good evening. If you will, please, state your name and address for the record.
Lane: My name is Margie Lane. I live at 1538 North Wintertree Avenue. Madam
Mayor, Council Members, I'm persistent if nothing else as I spoke before Planning and
Zoning as well. I am a resident owner in one of the townhouses immediately east of the
Meridian City Council
April 22, 2014
Page 23 of 36
proposed Reardon Subdivision and I'd like to -- I'm also the homeowner association
president and I would like you to acknowledge the people standing behind me who are
also resident owners in the townhouses immediately east of the proposed Reardon
Subdivision. Mr. Unger just spoke about one of the design changes that he made that
was not requested by or required by Planning and Zoning and that design change has
created three significant issues for us and, again, that design change -- and this plat, by
the way, is only slightly different. It was past out last week by Mr. Unger. It's only
slightly different from the one that Bill showed you and the design change is -- excuse
me -- I will hold it this way. The two lots that now face Summertree Way. We all
purchased our townhomes, because we found the similar architecture and the
arrangement of our townhomes around a common area -- they border are common area
on three sides -- to be a very pleasant village square appearance. One of the issues we
have with what Mr. Unger is proposing is =- issue number one he is not aligned with a
builder and so it is possible that multiple builders could come into the Reardon
Subdivision and create a hodgepodge style of architecture that could range from skinny
houses to what was shown on the photograph. This would dramatically destroy the
appearance of our village square. It simply would not fit. And it would diminish the
visual appeal that we found attractive to purchase our homes. That's concern number
one. Concern number two. The homes that -- the size of the planned homes in
Reardon Subdivision will be large enough that families will purchase them. These will
be homes with two car garages. Families typically own three, if not four or more
vehicles if they have driving age children. It's extremely unusual that a family will park
all of those vehicles in the garage or in the driveway. In most cases you're lucky if one
car goes in the garage and if it does car two is in the driveway, car three and four are
parked in the street. Our subdivision has narrow streets. It's 29 feet from curb to curb.
Each side of our two streets is actually posted no parking by ACHD. As homeowner
association president I get complaints from our residents about the excessive character
of the street parking that we already have and I received comments about how unsightly
it is. People want to park in front of their homes. By orienting these lots to face our
village square there will be street parking on Summertree Way. We know people
already ignore the existing ordinance and it simply is not enforced by Meridian city
police. We actually had a policeman that lived in one of those townhouses and as long
as he owned the home he made patrols through the neighborhood, never once ticketing
anyone parked on the no parking side of the street or even vehicles parked directly in
front of no parking signs. That ordinance is simply not enforced and it is an absolute
fact that street parking diminishes the visual appeal of the neighborhood and anything
that diminishes the visual appeal of the neighborhood, like hodgepodge architecture or
street parking, has the potential to harm property values. The third issue we have is
that these two lots will be directly across the street from our common area. Families
living in these homes will play in our common area without contributing a single cent to
what our homeowner association has to pay for our liability insurance and the
maintenance -- maintenance of that property. Now, this plat, which is only slightly
different from the one that Bill presented, has this corner lot where these two 50 by 100
foot lots -- it's 100 by 100 on this plat. These lots could very easily be oriented from this
direction facing us to facing north internal to the subdivision and these three concerns
would, basically, be eliminated. We do have another solution to the problem as well.
Meridian City Council
April 22, 2014
Page 24 of 36
And Mr. Unger just alluded to the fact that he had setback issues making one lot 35 feet
wide. Well, that 35 foot lot -- especially when it's oriented back internal to the Reardon
Subdivision, would actually make an excellent common area that would contribute to the
visual appeal of the Reardon Subdivision. Now, I realize that the loss of a buildable lot
has a financial impact on Mr. Unger. But we believe that no developer has a right to
come into our village square and our neighborhood and expose us to the financial risks
that I just described by hodgepodge architecture, excessive street parking -- I'm
representing a group. I have more than three minutes.
De Weerd: We gave you more.
Lane: Hodgepodge architecture, street parking, and the sign in our common area about
contributing to homeowner association. Thank you for your attention.
De Weerd: Thank you, Margie. And we did give you six minutes, because you did
mention you were HOA president, so we appreciate that.
Lane: And we believe those issues are very easily addressed. We would like to see
that you require all of the Reardon Subdivision lots face internal to the subdivision.
De Weerd: Council, any questions? Okay. Thank you so much. Arlene Russell signed
up against. Okay. I will read into the record all the names signed up and if I read your
name wrong I apologize in advance. Moana Campbell. Morna Campbell. Okay.
Morna. Thank you. Signed up against. Bill Hayes signed up against. Beth Hayes
signed up against. And Kendra Anderson signed up against. Thank you. This is a
public hearing. Is there anyone else who like to provide testimony on this item? Okay.
Mr. Unger, there were several items that were articulated. If you would, please,
respond to those.
Unger: Madam Mayor and Council, Bob Unger, representing the applicant. First of all,
need to clarify. I -- I don't know what plat that she's looking at that shows those two
corner lots as being 100 by 100. 1 have no idea where -- could I get that, Madam Chair
-- or Madam Mayor?
De Weerd: Yes. If -- if -- actually, for the record we probably should have a copy of
that. Mr. Unger, if you can give that to Madam Clerk we can make a quick copy for you.
Well, we have put it on the overhead, but we do need a copy for the record.
Unger: Madam Mayor, if I might. That is the plan that you are seeing this evening.
De Weerd: Okay. That is the same one?
Unger: She's misreading one of the dimensions. It's 109. 1 think she's just misreading
it. Okay?
De Weerd: Okay. We will put this up and --
Meridian City Council
April 22, 2014
Page 25 of 36
Unger: If you look -- if you look at the -- Lots 6 and 7 and the western dimensions on
those two lots, on Lot 7 it's 52 feet and on Lot 6 it is 57.95. That's to the -- there you go.
So, in flipping these two lots back so that they are oriented on Aspen Creek Drive, that
reduces my frontages down to 50 foot each and that's where I ran into the problem were
I have a 15 foot setback from Summertree and, then, a five yard setback, so I end up
with a 30 foot building envelope, which is what I explained earlier. By orienting them the
way I have it, Lot 6 would end up with a -- what, a 37, 38 foot wide building envelope
instead of a 30 foot building envelope. I do understand their concerns about parking
that could occur on Summertree Way, but, once again, it is a public street and parking is
allowed on one side of that street. Any structures that would be built here are going to
have a minimum of two car garages. So, we -- once again, we meet the parking
requirements where we have a two car garage, plus a 20 foot wide, 20 foot deep
driveway. So, there is capacity for four vehicles to be parked on the property itself. I
know that they have a unique situation in that their property when it was developed was
deep enough where the developer could actually put in the -- the additional loop street
there and still have sufficient depth for lots, but also by doing that he was able to create
two more building lots on that development and the common area I believe also serves
as a drainage swale. So, I'm just trying to clarify some of these points. I think, you
know, as far as additional parking. We would still have additional parking on Aspen
Creek Drive if additional parking would be needed, because there is allowed parking on
both sides of Aspen Creek. I think that it was our preference to -- original preference
was to have both of those lots frontage on Aspen Creek, but it became noticeable to us
that one of those lots would be a little bit harder to -- for someone to build on. Now,
having said that, if it boils down whether the Council is going to approve it or deny it,
then, I will flip those lots back if I have to. But I want to make sure that the Council is
aware that what we are presenting is in compliance. I mean -- and ACHD has
recommended approval with these lots oriented the way they are and I will stand for any
questions.
De Weerd: Thank you. Council? Mr. Zaremba?
Zaremba: Madam Mayor. Speaking of Lots 6 and 7, Block 2, what direction was it
oriented when it went before the Commission -- Planning and Zoning Commission? Did
they see what we are looking at or did you change it after that?
Unger: Excuse me. Madam Mayor, Mr. Zaremba, they were oriented north -south.
Zaremba: Okay.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: Mr. Unger, I -- I think that -- I don't know why you would worry about going north -
south, because you got four or five 50 foot lots -- wide lots right next to them and I know
Meridian City Council
April 22, 2014
Page 26 of 36
the one lot there, which would probably be seven, you have got the corner cut out there
that's going to make it smaller, but, you know, you got 50 there and I -- I just think that it
would be better to brings those off Aspen Creek Drive than off of Summertree Way. I
don't think Summertree Way has got anything opening out onto that, whether it's
drivable as a 29 foot road. So, I think if you can get the same lots I don't see where
you're going to lose a foot or two, maybe, on the curb, but I -- I would prefer to go back
-- back to where those two lots got their entryway off of Aspen Creek Drive. That would
be my preference.
Unger: Madam Mayor, Mr. Bird, as I stated, you know, if it boils down to that, then,
certainly you can make that a condition of approval that we rotate those ways -- that
way. It's not our preference, because it does -- it does restrict our ability to build on that
one corner lot, but I'm sure something can be designed to fit
Cavener: Madam Mayor?
De Weerd: Where did that voice come from? Mr. Cavener.
Cavener: Mr. Unger -- and you will -- I'm somewhat new to this, so you may have to
baby step just a little bit with me. I notice when I'm looking at Lot 6 and 7 that there
doesn't appear to be a sidewalk in front of those lots. Is that accurate? Is that what I'm
seeing?
Unger: Madam Mayor and Mr. Cavener, no, there will be a sidewalk in front there. This
was a -- the revision that we made was done last week and in the ACHD report it
requires sidewalk and that sidewalk will be located -- whether it be within the right of
way or within an easement, which they proposed, either way was acceptable with them.
There will be a sidewalk there.
Cavener: Okay. Thank you.
De Weerd: Okay. Any other questions from Council? Okay. Thank you.
Unger: Thank you.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: Seeing how there isn't anymore public testimony or anything needed, I move we
close RZ 14-002, PP 14-003 and VAC 14-002.
Milam: Second.
De Weerd: I have a motion and a second to close the public hearing on Items 7-F, G
and H. All those in favor say aye. All ayes.
Meridian City Council
April 22, 2014
Page 27 of 36
MOTION CARRIED: ALL AYES.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I move we approve RZ 14-002 and include staff, applicant and public testimony.
Milam: As it is?
Bird: Uh?
Milam: As it is?
Bird: The change will be in the preliminary plat.
Milam: Sorry. My bad. Second.
De Weerd: I have a motion and a second to approve Item 7-F, which is the rezone.
Any discussion from Council? Madam Clerk, will you call roll.
Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea; Milam, yea; Cavener,
yea.
De Weerd: All ayes.
MOTION CARRIED: ALL AYES.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I move we approve PP 14-003 with the condition that Lots 6 and 7 exit and enter
off of Aspen Creek Road, so they run north and south and to include all staff, applicant,
and public testimony.
Milam: Second.
De Weerd: I have a motion and a second to approve Item 7-G with the change as
noted. Any discussion from Council?
Rountree: Madam Mayor, just a comment.
De Weerd: Mr. Rountree.
Meridian City Council
April 22, 2014
Page 28 of 36
Rountree: I agree with the -- the turning of the lots as it appears that there is sufficient
building pad still on Lot 7 to build a fairly sizable home, probably consistent with the
area, and I believe that our design criteria that has been established by this plat and
approval as you see on the screen in front of you will establish the design type that will
be allowed in that area and will be screened before the building permits are issued, so I
think that takes care of my concerns.
De Weerd: Okay. Any further questions or comments? Okay. Madam Clerk.
Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea; Milam, yea; Cavener,
yea.
De Weerd: All ayes. Motion carried.
MOTION CARRIED: ALL AYES.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I move we approve VAC 14-002 and include all staff and application comments.
Milam: Second.
De Weerd: Okay. I have a motion and a second to approve Item 7-H. Any comment
from Council? Madam Clerk.
Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea; Milam, yea; Cavener,
yea.
De Weerd: All ayes. Motion carried. Thank you.
MOTION CARRIED: ALL AYES.
I. Public Hearing: AZ 14-004 Amberwave Subdivision by The
Land Group, Inc. Located Southwest Corner of W. McMillan
Road and N. Meridian Road Request: Annexation of
Approximately 5.56 Acres from RUT in Ada County to the R-15
(Medium High Density Residential) Zoning District
J. Public Hearing: PP 14-002 Amberwave Subdivision by The
Land Group, Inc. Located Southwest Corner of W. McMillan
Road and N. Meridian Road Request: Preliminary Plat
Approval of Twenty -Seven (27) Single Family Residential Lots
and Three (3) Common Lots on Approximately 4.70 Acres in
the Proposed R-15 Zoning District
Meridian City Council
April 22, 2014
Page 29 of 36
De Weerd: Items 7-1 and J are public hearings on AZ 14-004 and PP 14-002. 1 will
open these two public hearings with staff comments.
Parsons: Thank you, Madam Mayor, Members of the Council. Next item on the agenda
is the Amberwave Subdivision. The property is located on the southwest corner of West
McMillan Road and North Meridian Road. It's actually just to the east of the
Ambercreek Subdivision on which you acted on earlier this evening. You can see here
that the property is currently RUT in Ada County. This property was before you in 2008
when the federal government or the post office was actually trying to get this annexed in
with a postal annexation or a post office and deliveries and Council at that time did deny
that Comprehensive Plan map amendment application and annexation request. The
existing home has been removed from the property and it will not be remaining with the
subdivision this evening. The applicant is proposing to annex in 5.56 acres of land into
the city and plat 27 residential lots. The requested zoning designation with the
annexation request is R-15 and the primary reason for that is because of the
narrowness of the lot, the applicant is unable to, basically, have R-8 size lots in there
and still meet the public street standards. So, it was staff's recommendation to the
applicant that although this is medium density on the comp plan, which anticipates
densities between three and eight units to the acre and typically see an R-8 zoning
designation with that land use designation, the R-15 in this particular case actually fits
or allows them to shoehorn this subdivision in and actually mimic or basically look as an
extension to the existing Ambercreek Subdivision to the west and so the majority of
these lots they will still comply with the R-8 dimensional standards. Some of them do
that. And so because the R-15 zoning district is a little bit more relaxed in the street
frontage requirements and lot sizes, we felt it was appropriate and since this is
annexation, staff is recommending a development agreement moving forward. The
proposed plat consists of, again, 27 lots and the gross density for this subdivision is a
little bit under six acres -- six dwelling units to the acre at 5.74. Again, all of the lots do
comply with the proposed R-15 zoning district as you see this evening. Here is the
proposed landscape plan before you. Again, this project is under that five acre
threshold as required in the UDC to provide ten percent open space. What the
applicant is doing and as required by ordinance is the applicant is required to provide a
25 foot wide landscape buffer along Meridian Road and West McMillan Road due to the
irrigation canal along McMillan and an Idaho Power easement the applicant actually has
a platted common lot in excess of 65 feet due to those easements. The application is
requesting that Council waive the requirement to the the Lemp Canal this evening due
to the size of the facility and if Council has driven down that corridor you can see a lot of
that development along that way. That canal is still currently open and remains open
and so the applicant is not requesting anything different than what's occurring out there
along that roadway today. This plan has been updated since the Planning and Zoning
Commission hearing to reflect the conditions of approval and so all of the landscape
presented to you this evening does comply with all the UDC requirements moving
forward. Three of the lots will take access from a common drive that you see platted
here. North is to the west of the project, so I don't have the plat oriented correctly, but
north is to the west and so this is the north boundary here. So, here is the common
Meridian City Council
April 22, 2014
Page 30 of 36
driveway. So, here are the three lots that will take access from that and because this lot
adjacent to the south of this common drive does not -- is not taking access from the
common drive, the applicant has to provide a five foot landscape buffer in accordance
with the UDC. The applicant has provided sample elevations with the submitted plat.
This is generally consistent with the homes developed in the area. As a recommended
provision of the DA staff is recommending that future homes designed or constructed in
this subdivision comply with the submitted home elevations or at least design materials
portrayed in these exhibits. As I mentioned to you, this is an annexation and so staff is
recommending a DA. First provision requires compliance with the submitted landscape
plan and the preliminary plat. Requires compliance with the submitted elevations and
requires those mix of materials adjacent to the arterial streets and the third provision
actually ties them to the density proposed, which is 5.74 dwelling units to the acre,
which is, essentially, 27 single family home lots. Planning and Zoning Commission did
recommend approval at the March 20th, 2014 hearing. Testifying in favor was Tamara
Thompson. No one testified in opposition or commented on the staff report. At the
hearing staff did recommend to changes to the staff report. The first recommendation
or change that Commission acted on to strike bullets number two -- bullets number one
and two of condition 1.2.213 and the reason why we had Commission strike those
conditions was -- as I mentioned to you earlier in my presentation, the landscape plan
was updated to reflect those changes. So, those conditions were already complied
with, so there was no need to leave that in the staff report. And the other item had to do
with a public works condition which was 2. 1.1 and as you recall the city or Public Works
requires a looped water system with the construction of the subdivision and so the
applicant wanted some flexibility as to where that connection would occur, whether it
was Meridian Road or through the Ambercreek Subdivision. So, thank goodness
Council did approve the time extension and the final plat this evening, because the
applicant's preference is to route that water line and connect and tie into the
Ambercreek water system. So, they look forward to working with the applicant moving
forward and getting this project moving forward as well. So, as far as additional public
hearing, since the Planning and Zoning Commission staff has not received any. Again,
this is a pretty straight forward project this evening. It does comply with not only the
comp plan, but the UDC and so the only outstanding issue for you this evening to take
under consideration is the approval of the waiver of tiling the canal. This concludes my
presentation and I will stand for any questions you may have.
Rountree: Any questions for Bill?
Bird: Mr. President?
Rountree: Mr. Bird.
Bird: Bill, I'm positive that they are in there, but on their PP they don't show any
sidewalks. Where is the location of the sidewalks?
Parsons: Council President, Council Members, the sidewalks are actually shown on the
landscape plan in this rendering. You can see they are attached sidewalks.
Meridian City Council
April 22, 2014
Page 31 of 36
Bird: No. I'm talking about out on McMillan --
Parsons: On McMillan Road. Excuse me. My apologies.
Bird: And west -- or -- and Meridian Road.
Parsons: Sure. With the development of the Ambercreek Subdivision, that developer
was required to extend the sidewalk across the frontage of this property. So, it is
installed. It's a detached sidewalk and if you can look in the aerial here it's just on the
northern edge of the landscape buffer here and, then, along Meridian Road that
sidewalk is currently in as well.
Bird: Right.
Parsons: And one of conditions is that they need to -- currently the -- when the existing
home was on the property they had the pasture access and also an access to the
home. With the development of this property the applicant will have to remove those
access points and reinstall the sidewalk.
Bird: Okay.
Parsons: You have to fill in the gaps. So, there was no access allowed from Meridian
Road with this development.
Bird: And keep the weeds down so we can see there is a sidewalk.
Parsons: Yeah. Correct.
Bird: Okay.
Zaremba: Madam Mayor?
De Weerd: Mr. Zaremba.
Zaremba: I had that same question as well. Thank you for asking it and answering it.
One additional similar question that -- if I'm orienting myself correctly, on the caddy
corner corner there is a school as I recall. Part of the reason why the sidewalks on the
two major roads are required. So, going back to -- let's do the landscape plan again. It
would seem to me that any kids that are going to leave their homes and head for that
school are going to walk up that common drive that serves three houses and walk
across the landscape and I guess I'm asking shouldn't we just plan that and have a --
have a walkway across that -- since it's logical that that's the direction kids are going to
go and rather than have them walk across grass, there should be a walkway there, in
my opinion.
Meridian City Council
April 22, 2014
Page 32 of 36
Parsons: Madam Mayor and Members of the Council, the landscape plan and the
conditions of approval show a vinyl fencing across that area, but certainly I will defer to
the applicant as to how they want to handle that connection. But if you recall with
Ambercreek, we did require a micropath connection. Of course, it would require them to
walk out of their way. It's not a very long block to get them to that intersection, but
certainly the applicant could entertain a connection point there through the common
drive. The ordinance would allow it and support it, so I will defer that to them, but at this
time there is fencing blocking that connection point.
Zaremba: All right. Thank you.
De Weerd: Okay. Anything else for staff at this time?
Bird: I have nothing.
De Weerd: Okay. Would the applicant like to make comment?
Thompson: Madam Mayor, Members of the Council, Tamara Thompson with The Land
Group. 462 East Shore Drive in Eagle. 83616.
De Weerd: Thank you.
Thompson: We have read the staff report and agree with staff's findings. Bill does such
an excellent job of explaining these projects he hardly leaves anything left for me to talk
about. As far as the pedestrian connection, our -- I think we would prefer not to, just
because that's the front of three houses and not have a thoroughfare through there, that
they stay on the sidewalks and, then, we can have the berming and the landscaping
and the fencing that we have planned. Other than that we are consistent with the
Comprehensive Plan and the UDC and we respectfully request your approval tonight.
De Weerd: Thank you. Any questions?
Zaremba: Madam Mayor, I would just comment that I -- if there is there going to be a
fence across there, that probably would discourage the inconvenience of what I was
thinking of. So, if it's a good solid fence that they don't climb over and break down, that
would work.
De Weerd: Well -- and I'm sure that will look like a driveway.
Zaremba: Uh-huh.
De Weerd: So, it would be very evident they were not on a sidewalk, but on someone's
driveway. Any other questions for the applicant?
Bird: I have none.
Meridian City Council
April 22, 2014
Page 33 of 36
Rountree: I have none.
De Weerd: Okay. Thank you.
Thompson: Thank you.
De Weerd: This is a public hearing
testimony to this item?
Milam: Madam Mayor?
De Weerd: Mrs. Milam.
Is there anyone who would like to provide
Milam: Seeing as we have none, I would move that we close public hearing AZ 14-004
and PP 14-002.
Bird: Second.
De Weerd: I have a motion and a second to close the public hearings on Item 7-1 and J.
All those in favor say aye. All ayes. Motion carried.
MOTION CARRIED: ALL AYES.
Milam: Madam Mayor?
De Weerd: Mrs. Milam.
Milam: I move that we approve AZ 14-004 with all staff and applicant comments.
Bird: Second.
De Weerd: I have a motion and a second to approve Item 7-I. Any discussion from
Council?
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: Would this be the proper -- it would be the zoning that we would exempt the tiling
of the canal, wouldn't it, Mr. Nary?
Nary: Yes.
Bird: Yeah. Instead of the preliminary plat. Do you include that, the exemption of the
tiling?
Meridian City Council
April 22, 2014
Page 34 of 36
Milam: Oh. Yes.
Bird: Second agrees.
De Weerd: Any further discussion? Madam Clerk, will you call roll.
Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea; Milam, yea; Cavener,
yea.
De Weerd: All ayes. Motion carried.
MOTION CARRIED: ALL AYES.
Milam: Madam Mayor?
De Weerd: Mrs. Milam.
Milam: I move that we approve PP 14-002 with all staff and applicant testimony.
Bird: Second.
De Weerd: I have a motion and a second to approve Item 7-J. Any discussion from
Council? Okay. Madam Clerk.
Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea; Milam, yea; Cavener,
yea.
De Weerd: All ayes. Motion carried.
MOTION CARRIED: ALL AYES.
Item 8: Ordinances
A. Ordinance No. 14-1602: An Ordinance (AZ 13-008 & RZ 13-008
— Oaks North And South Subdivision) for Annexation And
Rezone of Parcels of Land Located in the North % of Section
33, Township 4 North, Range 1 West, and Annexing Certain
Lands and Territory, Establishing and Determining the Land
Use Zoning Classification of Said Lands From RUT, R-4, R-8
And R-15 To R-4 (Medium Low Density Residential
District) (221.55 Acres); R-8 (Medium Density Residential
District) (155.31 Acres); R-15 (Medium High Density
Residential District) (52.05 Acres) and L -O (Limited Office
District) (5.54 Acres) in The Meridian City Code; and Providing
An Effective Date
Meridian City Council
April 22, 2014
Page 35 of 36
De Weerd: Item 8-A is Ordinance 14-1602. Madam Clerk, will you, please, read this by
title only.
Holman: Thank you, Madam Mayor. City of Meridian Ordinance No. 14-1602, an
Ordinance AZ 13-008 and RZ 13-008, Oaks North and South Subdivision, for
annexation and rezone of parcels of land located in the north one half of Section 33,
Township 4 North, Range 1 West, Boise meridian, Ada County, Idaho, as described in
Attachment A and annexing certain lands and territories situated in Ada County, Idaho,
and adjacent and contiguous to the corporate limits of the City of Meridian, as requested
by the City of Meridian, establishing and determining the land use zoning classification
of said lands from RUT, R-4, R-8 and R-15, to R-4, Medium Low Density Residential
District, 221.55 acres; R-8, Medium density residential district; 155.31 acres; R-15,
Medium High Density Residential District; 52.05 acres and L -O, Limited Office District,
5.54 acres, in the Meridian City Code, providing that copies of this ordinance shall be
filed with the Ada County assessor, the Ada County recorder and the Idaho State Tax
Commission as required by law and providing for a summary of the ordinance and
providing for a waiver of the reading rules and providing an effective date.
De Weerd: You have heard this ordinary read by title only. Is there anyone who would
like to hear it read in its entirety?
Rountree: Madam Mayor? Seeing none. I move that we approve Ordinance No. 14-
1602 with suspension of rules.
Bird: Second.
De Weerd: I have a motion and a second to approve this ordinance under 8-A. Madam
Clerk, will you call roll.
Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea; Milam, yea; Cavener,
yea.
De Weerd: All ayes.
MOTION CARRIED: ALL AYES.
Item 9: Future Meeting Topics
De Weerd: Okay. Council, any items for consideration under future agendas?
Bird: I have none.
De Weerd: Okay. Well, I would entertain a motion to adjourn.
Meridian City Council
April 22, 2014
Page 36 of 36
Rountree: So moved.
Bird: Second.
De Weerd: All those in favor say aye. All ayes.
MOTION CARRIED: ALL AYES.
MEETING ADJOURNED AT 7:32 P.M.
(AUDIO RECORDING ON FILE OF THESE PROCEEDINGS)
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MAYOR TA Y DE WEERD DATE APPROVED
ATTEST:
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HOLMAN, CITY CLERK /%
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CITY OF MERIDIAN
NOTICE OF HEARING
NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the Laws of
the State of Idaho, that the Meridian Planning and Zoning Commission of the City of Meridian will hold a
public hearing at the Meridian City Hall, 33 East Broadway Avenue, Meridian, Idaho, at the hour of 6:00
p.m. on Thursday, June 5, 2014, for the purpose of reviewing and considering the applications AZ 14-
006 by Joint School District No. 2 for Annexation and Zoning of 27.96 acres of land with an R-4
zoning district AND CUP 14-003 for Conditional Use Permit for a public education institution in an R-4
zoning district for Victory Middle School located 2045 S. Stoddard Road.
A more particular description of the above property is on file in the Community Development
Department, 33 E. Broadway Avenue, Meridian, Idaho, and is available for inspection during regular
business hours, Monday through Friday, from 8:00 a.m. to 5:00 p.m. You may contact the Community
Development Department at (208) 884-5533 during regular business hours. A copy of the application is
also available to view on our website at www.meridiancity.orq at City Clerks Department/ Development
Applications.
Any and all interested persons shall be heard at said public hearing, and the public is welcome
and invited to submit testimony. Oral testimony may be limited to three (3) minutes per person. Written
materials should be submitted to the City Clerk's Office at 33 E. Broadway Avenue, Meridian, Idaho
83642, (208) 888-4433 or fax (208) 888-4218 no later than seven (7) days prior to the above hearing date
so that all interested parties may examine them prior to the hearing. All materials presented at public
meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities
related to documents and/or hearings, please contact the City Clerk's Office at (208) 888-4433 at least 72
hours prior to the public meeting.
The Ada County Highway District may also conduct public meetings regarding this application. If
you have questions about the traffic that this development may generate or the impact of that traffic on
streets in the area, please contact the Ada County Highway District at (208) 387-6170.
DATED 23`d of April, 2014
JAYCEE L. HOLMAN, CITY CLERK
PUBLISH 19`" of May and 2nd of June, 2014.
Changes to Agenda: None
Item VA: Ambercreek (TEC -14.004)
Application(s): Time Extension
Location: The subject property is located near the southwest corner of McMillan Road and Meridian Road.
Summary of Request: This is the fifth time extension requested for approval. The previous two-year time extension
approved by City Council has expired on March 23, 2014. The applicant has met the necessary deadline by filing a
written request for a time extension before the final plat expired. The applicant states the development of the property
was slowed due to the downturn in the housing market in 2011 and 2012.
With previous time extensions, the applicant has been required to comply with the most recent requirements of the
UDC. Those previous conditions remain in effect with the subject time extension. The applicant must also comply
with all previous conditions of approval for this site.
For informational purposes, the applicant is requesting to withdraw the approved second phase of the final plat (FP -
06 -027) in order to receive approval of a smaller second phase. The applicant has submitted the final plat concurrent
with the subject time extension for Council's consideration. The applicant has also coordinated with the Planning staff
and ACHD to remove the road connection to McMillan Road. Both ACHD and the Planning staff support the removal
of the roadway in lieu of a micropath connection. To memorialize the change, staff recommends a new condition with
the time extension which requires a micropath connection to the McMillan Road sidewalk in lieu of the public street
connection with the third phase of development.
Written Testimony: Kent Brown in agreement with the conditions of approval in the staff report.
Staff Recommendation: Approval
Outstanding Issue: Code Enforcement has confirmed the clean-up of the Ambercreek site per the direction of the
City Council.
Notes:
Item #76: Ambercreek No. 2 (FP -14.012)
Application(s):
➢ Final Plat
Location: The subject property is located near the southwest corner of McMillan Road and Meridian Road.
Summary of Request: The applicant has applied for approval of a final plat consisting of fifty-four (54) residential
lots and two (2) common lots on approximately 10.58 acres of land in the R-8 zoning district.
The applicant requests withdrawal of the approved final plat (file #FP -06-027) in order to construct a smaller
phase proposed with the subject application. Staff recommends the Council acknowledge the withdrawal
request before acting on the subject application.
The average lot size is 4,253 square feet. The gross density of the development is 5.13 dwelling units per acre with a
net density of 7.8 dwelling units per acre.
Open space proposed for this phase consists of the McMillan Road street buffer, 8 -foot parkways, a micropath, and
passive open space. Overall open space with this phase is 1.61 acres which totals approximately 6.5%. The open
space proposed with this phase is consistent with the overall project open space.
The proposed plat is in substantial compliance with the approved preliminary plat.
Written Testimony: Kent Brown in agreement with the conditions of approval in the staff report.
Staff Recommendation: Approval
Notes:
Item #7C: Gramercy Heights Subdivision (FP -14.017)
Application(s):
➢ Final plat
Location: The site is located south of E. Overland Road and west of S. Bonito Way between E. Blue Horizon Drive
and the Ridenbaugh Canal.
Summary of Request: The applicant has applied for final plat approval to develop 6 residential lots. This phase
consist of no open space. The proposed final plat complies with the approved preliminary plat in accord with the
UDC.
Written Testimony: Taylor Merrill in agreement with all conditions of approval.
Notes:
Item #71): Jayker No. 1(Lots 15.17, Bilk 11) (VAC -14.003)
Application(s): Vacation
Location: The site is located north of Chinden Boulevard and east of N. Jayker Way.
History: The subject property is part of Jayker Subdivision No. 1 which received final plat (FP -07-026) approval in
2007.
In 2012, the City approved a property boundary adjustment (PBA -12-001) to reconfigure the boundaries of Lots 15-
18, Block 11 of Jayker Subdivision No. 1. The record of survey does not vacate the platted utility easements nor
eliminate the original lot lines.
Summary of Request: The applicant requests approval to vacate a portion of two (2)10 -foot wide public utility,
drainage, and irrigation (PUDI) easements located on the interior lot lines of Lots 15 and 16 AND Lots 16 and 17,
Block 11 of Jayker Subdivision No.1. The land is held under single ownership and the PUDI easements being
vacated are located entirely on the subject properties. The property owner is in the design phase for his personal
residence and he needs the easements vacated to accommodate the future plans.
Due to the reconfiguration of the property in 201), the easement area on the shared lot line of Lot 16 and Lot 17,
Block 11 is approximately 20 feet north of the current parcel boundary that was approved through the PBA process.
The other easement area between lots 15 and 16 needs to be vacated so the applicant may proceed with a property
boundary adjustment application to consolidate the two parcels into one parcel.
If the City Council approves the vacation request, the applicant and/or owner will be responsible to obtain approval of
a property boundary adjustment if any structure proposed for the property spans any lot lines. This process must be
completed with the Planning Division prior to the issuance of a building permit.
All public utilities (Idaho Power, Century Link, Cable One, Intermountain Gas & SID) have given consent to relinquish
the easements. Although the utility providers have not requested the establishment of any new easements, staff
believes the applicant should dedicate new PUDI easements along the shared boundary of Parcel B and Parcel C of
ROS 9169. Since the applicant may need to process a new PBA application to consolidate the parcels to construct
the new residence, staff recommends the applicant record the new utility easement and reference the recorded
document number on the record of survey submitted with the future PBA application.
Since the two parcels are under single ownership and will be developed for a personal residence, staff recommends
approval of vacating the easements with the establishment of new PUDI easements as proposed by staff.
Written Testimony: None
Outstanding Issue(s) for City Council: None
Notes:
Item VE: Northpointe Commercial (MDA -14-005)
Application(s): Development agreement modification
Location: The site is located on the northwest corner of W. McMillan Road and N. Linder Road.
Summary of Request: The applicant proposes an amendment to the existing development agreement (DA)
(Instrument No. 103181095) approved with the Kelly Creek Subdivision. At the time of the Kelly Creek approvals the
City did not have a well-established design review process. Because there were no design standards in effect when
this property was annexed, the recorded DA requires a CUP for the approval of the site and buildings to ensure a
quality commercial development.
Under today's regulations all commercial developments require design review approval which addresses site
development and building architecture. Therefore, it is staffs opinion that the City has the necessary tools in place to
adequately review development of the commercial property without the need for detailed CUP approval.
Due to the fact that the credit union (under construction) has a drive through and the property is within 300 feet of a
residential zoning district; any additional drive through uses on this site will require CUP approval.
Staff recommends approval of the development agreement modification with the recommended modifications in the
as presented.
Written Testimony: None
Outstanding Issue(s) for City Council: None
Notes:
Item #7F, G & H: Reardon Subdivision (RZ-14.002, PP -14.003 and VAC -14.002)
Application(s):
➢ Rezone, preliminary plat and vacation
Size of property, existing zoning, and location: This site consists of 1.96 acres, is currently zoned R-4, and is
located near the southwest corner of W. Cherry Lane and N. Summertree Way.
Adjacent Land Use & Zoning: The surrounding area is developed with County and City residences, zoned R1 and
R2 in Ada County and R-4 and R-8 in the City.
History: In 2001, the property platted as the Heathstone Subdivision.
In 2007, the City approved the Moose Creek preliminary plat consisting of six (6) residential lots and one (1) common
lot on 1.96 acres. The preliminary plat has expired because the previous developer failed to obtain City approval of a
time extension.
Summary of Request: The applicant has applied to rezone 2.20 acres of land to the R-8 zone and preliminary plat
10 residential lots to develop single family detached homes. A vacation application has been submitted concurrently
to remove the platted drain field easement platted with the Hearthstone Subdivision. With the termination of the
private drain field, the applicant must connect the existing home to the east to City sewer and water prior to signature
on the final plat.
The proposed gross density of the subdivision is 5.10 dwelling units per acre which is consistent with both the density
requirements of the comprehensive plan and the proposed R-8 zoning district. All of the proposed lots comply with
the dimensional standards of the UDC.
Access to this development is proposed from the extension of W. Aspen Creek Street via N. Summertree Way.
Currently, the property is developed with a private street approved through the County for the purpose of providing
access to the Ada County parcel to the south. UDC 11-3A-3 restricts access to arterial streets when local street
access is being provided. ACHD and staff are recommending the access close with the development of the
subdivision. The subdivision as presented shows the closure of the Cherry Lane access. The applicant will have to
coordinate with the southern property owner to vacate the private street easement.
A 25 -foot wide landscape buffer is required to be installed along the entire frontage of W. Cherry Lane in accord with
UDC 11-313-7C. A common lot (Lot 7, Block 1) is proposed along the north side of W. Aspen Creek Drive. This lot will
be landscaped in accord with UDC 11 -3B -7C and will contain the pressurized irrigation pump. This lot will also
contain the 20 -foot wide cross access easement to facilitate local street access to the adjacent northern property.
The applicant has submitted sample elevations to depict the style of homes for the proposed subdivision. The
proposed homes depict a mix of building materials (lap siding, and cedar shake siding) and stonelbrick wainscot.
Design features staff supports include varying roof forms, decorative trim and corbels, pop -outs, dormers and
covered entries and front porches. Future homes constructed within the subdivision must comply with the submitted
elevations.
Commission Recommendation: Approval at the March 20, 2014 public hearing
Summary of Commission Public Hearing:
I. In favor: Bob Unger
ii. In opposition: None
iii. Commenting: Margie Lane, Tammy Turpin, Sarah Curtwright and Arleen Russell
iv. Written testimony: None
Key Issue(s) of Discussion by Commission:
I. Cherry Lane access.
Key Commission Change(s) to Staff Recommendation:
I. None
Written Testimony since Commission Hearing: Tammy Turpin wants council to approve the
Outstanding Issue(s) for City Council: The Cherry Lane access (private street) remaining as part of the
subdivision approval. Both staff and ACHD are recommending closure of the access because local street access is
being provided to serve the Turpin property in accord with the UDC. ACHD cannot approve a public street connection
over the private street easement.
Notes:
Item #71 & J: Amberwave Subdivision (AZ -14.004 and PP•14.002)
Application(s):
➢ Annexation and Preliminary Plat
Size of property, existing zoning, and location: This site consists of 5.56 acres, is currently zoned RUT in Ada
County, and is located on the southwest comer of W. McMillan Road and N. Meridian Road.
Adjacent Land Use & Zoning: Except for the vacant commercial property to north (C -G), this property is primarily
surrounded by residential subdivisions, zoned R-8.
History: In 2008, the City denied the application for a comprehensive plan map amendment and annexation of the
property (CPA -08-008 and AZ -08-009).
Summary of Request: The applicant has applied to annex 5.56 acres to the R-15 zone and preliminary plat 27
residential lots to develop single family detached homes. The average lot size within the proposed subdivision is
4,625 square feet. The proposed gross density of the subdivision is 5.74 dwelling units per acre which is consistent
with both the density requirements of the comprehensive plan and the proposed R-15 zoning district. All of the
proposed lots comply with the dimensional standards of the UDC.
Access to this development is proposed from the extension of N. Alester Avenue and N. Havasu Falls Street, via W.
Lava Falls Drive. W. Havasu Falls Street is proposed to stub along the west boundary which will provide future
connectivity with the Ambercreek Subdivision. Direct lot access via W. McMillan Road and N. Meridian Road is not
proposed or approved with this application.
A 25 -foot wide landscape buffer adjacent to W. McMillan Road and N. Meridian Road is required to be installed in
accord with UDC 11 -3B -7C. The section of the common lot adjacent to McMillan Road is approximately 65 -feet wide
due to the 50 -foot wide Lemp Canal and the 65 -foot wide Idaho Power easements. The applicant must coordinate
with Settlers Irrigation District and Idaho Power on the proposed landscape improvements within the dedicated
easement area. The applicant is seeking a waiver from Council to allow the Lemp Canal to remain un -tiled due to the
size of the facility.
The fencing proposed for the development complies with UDC 11-3A-7.
The applicant has submitted sample photos that depict the style of homes proposed for the subdivision. The
proposed homes depict a mix of building materials (lap siding, stucco, and board and batten siding) and stone
wainscot. Design features staff supports include varying roof forms, decorative trim and corbels, pop -outs, dormers
and covered front porches. Future homes constructed within the subdivision must comply with the submitted
elevations.
Commission Recommendation: Approval at the March 20, 2014 public hearing
Summary of Commission Public Hearing:
i. In favor: Tamara Thompson
ii. In opposition: None
iii. Commenting: None
iv. Written testimony: None
Key Issue(s) of Discussion by Commission: None
Key Commission Change(s) to Staff Recommendation:
i. Commission struck condition 1.2.213, bullets 1 and 2 as the landscape plan was revised per the
conditions;
ii. Commission modified site specific condition 2. 1.1 to allow the secondary water connection through the
Ambercreek Subdivision to the west.
Written Testimony since Commission Hearing: None
Outstanding Issue(s) for City Council: Lemp Canal remaining open due to the size of the facility.
Notes:
Meridian City Council Meeting
DATE: April 22, 2014 ITEM NUMBER: 5A
PROJECT NUMBER: RZ 13-008
ITEM TITLE: Oaks North and South
By Coleman Homes, LLC Located South Side of W. McMillan Road Between N.
McDermott Road and N. Black Cat Road (Oaks South) and North Side of W. McMillan
Road Between N. McDermott Road and N. Black Cat Road (Oaks North) Request:
Rezone Approximately 33.08 Acres from the R-8 (Medium Density Residential) and R-15
(Medium -High Density Residential) Zoning Districts to the R-4 (Medium -Low Density
Residential)(1.77 Acres), R-8 (Medium Density Residential) (7.43 Acres), R-15 (Medium -
High Density Residential) (18.34 Acres) and L -O (Limited Office) (5.54 Acres) Zoning
Districts for Oaks South Subdivision AND Rezone Approximately 298.33 Acres from R-4, R-
8 and R-15 Zoning Districts to the R-4 (160.06 Acres), R-8 (104.56 Acres), R-15 (33.71
Acres) Zoning Districts for Oaks North Subdivision
MEETING NOTES
9 UPROIED
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: April 22, 2014 ITEM NUMBER: 5B
PROJECT NUMBER: AZ 13-005
ITEM TITLE: Oaks South Subdivision
Development Agreement for Approval: AZ 13-008 Oaks South Subdivision by Coleman
Homes, LLC Located South Side of W. McMillan Road Between N. McDermott Road
and N. Black Cat Road Request: Annexation of Approximately 103.04 Acres from the
RUT Zoning District in Ada County to the R-4 (Medium -Low Density Residential) and R-8
(Medium Density Residential) Zoning Districts
MEETING NOTES
Community Item/Presentations Presenter Contact Info./Notes
CLERKS OFFICE FINAL ACTION
DATE:
E-MAILED TO
STAFF
SENT TO
AGENCY
SENT TO
APPLICANT
NOTES
INITIALS
ADA COUNTY RECORDER Christopher D. Rich AMOUNT .00 90
BOISE IDAHO 04125114 10:55 AM
RDEPUTY Bonnie
ECORDED-REQUEST OIF III IIIIIIIIIIIII IIIIIIIIIIIIIII II III
Meridian CIV 114030972
DEVELOPMENT AGREEMENT
PARTIES: 1. City of Meridian
2. Coleman Homes, LLC, Owner/Developer
THIS DEVELOPMENT AGREEMENT (this Agreement), is made and entered into
this day of N p,r, � 2014, by and between City of Meridian, a municipal
corporation of the State of Idaho, hereafter called CITY, and Coleman Homes, LLC whose
address is 3103 W. Sheryl Drive, Suite 100, Meridian, Idaho 83642 hereinafter called
OWNER/DEVELOPER.
RECITALS:
1.1 WHEREAS, Owner is the sole owner, in law and/or equity, of certain tract
of land in the County of Ada, State of Idaho, described in Exhibit "A" for
each owner, which is attached hereto and by this reference incorporated
herein as if set forth in full, herein after referred to as the Property; and
1.2 WHEREAS, Idaho Code § 67-6511 A provides that cities may, by ordinance,
require or permit as a condition of re -zoning that the Owner/Developer make
a written commitment concerning the use or development of the subject
Property; and
1.3 WHEREAS, City has exercised its statutory authority by the enactment of
Section 11-5B-3 of the Unified Development Code ("UDC'), which
authorizes development agreements upon the annexation and/or re -zoning of
land; and
1.4 WHEREAS, Owner/Developer has submitted an application for annexation
and re -zoning of the Property described in Exhibit "A", requesting a
designation of R-4 (Medium -Low Density Residential) (221.55 acres), R-8
(Medium Density Residential) (155.31 acres), R-15 (Medium High Density
Residential District) (52.05 acres), and L -O (Limited Office) (5.54
acres)zoning districts under the UDC and generally describing how the
Property will be developed and what improvements will be made; and
1.5 WHEREAS, City and former owner entered into a Development Agreement
on a portion of the property described in Exhibit A as Instrument #
109009629 on January 29, 2009 for the Oakcreek Subdivision. That
DEVELOPMENT AGREEMENT- OAKS NORTH AND SOUTH SUBDIVISIONS (RZ 13-015 AZ 13-008) PAGE 1 OF 10
Development Agreement is terminated and the subject property is hereby
bound by the terms of this Agreement.
1.6 WHEREAS, Owner/Developer made representations at the public hearings
both before the Meridian Planning & Zoning Commission and before the
Meridian City Council, as to how the subject Property will be developed and
what improvements will be made; and
1.7 WHEREAS, the record of the proceedings for the requested annexation and
zoning designation of the subject Property held before the Planning & Zoning
Commission, and subsequently before the City Council, include responses of
government subdivisions providing services within the City of Meridian
planning jurisdiction, and received further testimony and comment; and
1.8 WHEREAS, City Council, the 17°i day of December, 2013, the Meridian
City Council approved certain Findings of Fact and Conclusions of Law and
Decision and Order ("Findings"), which have been incorporated into this
Agreement and attached as Exhibit `B"; and
1.9 WHEREAS, the Findings require the Owner/Developer to enter into a
Development Agreement before the City Council takes final action on
annexation and zoning designation; and
1.10 WHEREAS, Owner/Developer deem it to be in their best interest to be able
to enter into this Agreement and acknowledges that this Agreement was
entered into voluntarily and at their urging and requests; and
1.11 WHEREAS, City requires the Owner/Developer to enter into a development
agreement for the purpose of ensuring that the Property is developed and the
subsequent use of the Property is in accordance with the terms and conditions
of this Agreement, herein being established as a result of evidence received
by the City in the proceedings for zoning designation from government
subdivisions providing services within the planning jurisdiction and from
affected property owners and to ensure zoning designation are in accordance
with the amended Comprehensive Plan of the City of Meridian on April 19,
2011, Resolution No. 11-784, and the Zoning and Development Ordinances
codified in Meridian Unified Development Code, Title 11.
NOW, THEREFORE, in consideration of the covenants and conditions set forth
herein, the parties agree as follows:
2. INCORPORATION OF RECITALS: That the above recitals are contractual and
binding and are incorporated herein as if set forth in full.
DEVELOPMENT AGREEMENT -OAKS NORTH AND SOUTH SUBDIVISIONS (RZ 13-015 AZ 13-008) PAGE 2 OF 10
3. DEFINITIONS: For all purposes of this Agreement the following words, terms, and
phrases herein contained in this section shall be defined and interpreted as herein provided for,
unless the clear context of the presentation of the same requires otherwise:
3.1 CITY: means and refers to the City of Meridian, a party to this Agreement,
which is a municipal Corporation and government subdivision of the state of
Idaho, organized and existing by virtue of law of the State of Idaho, whose
address is 33 East Broadway Avenue, Meridian, Idaho 83642.
3.2 OWNER/DEVELOPER: means and refers Coleman Homes, LLC, whose
address is 3103 W. Sheryl Drive, Suite 100, Meridian, Idaho 83642, the party
that is developing said Property and shall include any subsequent
owner/developer(s) of the Property.
3.3 PROPERTY: means and refers to that certain parcel(s) of Property located
in the County of Ada, City of Meridian as described in Exhibit "A"
describing the parcels to be re -zoned Medium Low Density Residential
District (R-4) (221.55 acres); Medium Density Residential District (R-8)
(155.31 acres); Medium High Density Residential District (R-15) (52.05
acres); and L -O (Limited Office) (5.54 acres) and attached hereto and by this
reference incorporated herein as if set forth at length.
4. USES PERMITTED BY THIS AGREEMENT: This Agreement shall vest the
right to develop the Property in accordance with the terms and conditions of this Agreement.
4.1 The uses allowed pursuant to this Agreement are only those uses allowed
under City's Zoning Ordinance codified at Meridian Unified Development
Code.
4.2 No change in the uses specified in this Agreement shall be allowed without
modification of this Agreement.
5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY:
5.1. Owner/Developer shall develop the Property in accordance with the following
special conditions:
5.1.1 The Owner/Developer shall comply with the submitted home elevations
attached in Exhibit A.5 of the attached Findings, with materials and
architectural features to be the same or higher quality as in the elevations.
5.1.2 Future development of the office lots shall comply with the design standards
listed in UDC 11-3A-19 and the guidelines contained in the Meridian Design
Manual. Development of these lots shall not commence until the
DEVELOPMENT AGREEMENT- OAKS NORTH AND SOUTH SUBDIVISIONS (RZ 13-015 AZ 13-008) PAGE 3 OF 10
Owner/Developer obtains certificate of zoning compliance and design review
approval.
5.1.3 The Owner/Developer shall dedicate the well lot and the lift station lot (Lot
29, Block 10) of Oaks South Subdivision to the City as proposed. The
applicant shall coordinate with the City on the acquisition of the fire station
lot (Lot 1, Block 16 of Oaks South Subdivision). If the acquisition is
mutually agreed upon by the Owner/Developer and the City, the future fire
station lot is entitled to impact fee credits as allowed by law.
5.1.4 Development of the multi -family lots requires conditional use permit
approval. The density range in these areas shall be 8 to 15 dwelling units to
the acre.
5.1.5 If mutually agreed upon by the Owner/Developer and WARD, the
Owner/Developer shall dedicate Lot 4, Block 16 of Oaks South Subdivision
to Western Ada Recreation District (WARD) for a neighborhood park as
proposed. If an agreement cannot be reached between the parties, the
Owner/Developer shall coordinate with the Parks Department on the
dedication of the lot as a City neighborhood park.
5.1.6 For phasing purposes, the Oaks North and Oaks South plats shall be reviewed
as one project and both plats will remain valid as successive phases receive
City Engineer's signature. As long as the submittal and recordation of a final
plan in one plat is completed in the timeline outlined in UDC 11-6B-7, the
entire project remains valid and does not expire.
5.1.7 The Owner/Developer shall be responsible for all costs associated with
design and construction of the required interim lift station and pressure sewer
line. The station's design and capacity shall be coordinated with the Public
Works Department; the design shall include communication capabilities that
are consistent with the City of Meridian's SCADA system. At completion of
the construction, the station will be donated to the City of Meridian who will
own and maintain the lift station. The completion and acceptance of the lift
station will be at the sole discretion of the Meridian Public Works Director.
Any potential upgrades to the interim lift station from other surrounding
parcels will be reviewed by the Meridian Public Works Department.
Approved upgrades to the purposed station will be fully funded by the
requestor, and will be subject as reimbursement fees to the Owner/Developer.
5.1.8 Water service to this site is being proposed via extension of mains in N.
Black Cat Road, McDermott Road, and McMillan Road. The
Owner/Developer shall be responsible for the installation of water mains to
and through this development through the City of Meridian's water master
plan. Due to fire flow requirements the applicant will need to construct a 12 -
inch diameter main from the intersection of N. Black Cat Road and McMillan
Road heading east to the existing 12 -inch diameter main near the Ten Mile &
McMillan intersection. This connection will need to be installed with phase
one of the Owner/Developer's plan, and may be eligible for partial
DEVELOPMENT AGREEMENT - OAKS NORTH AND SOUTH SUBMISIONS (RZ 13-015 AZ 13-008) PAGE 4 OF 10
reimbursement. If the 12 -inch water main from Ten mile & McMillan is
installed by another developer prior to phase one construction, the
Owner/Developer will not be responsible to participate in construction of the
required main extension.
5.1.9 The proposed outdoor storage is an accessory use in the R-15 district for the
benefit of the proposed residential developments and shall not operate as a
stand-alone commercial business. Development of this lot shall not
commence until the Owner/Developer obtains certificate of zoning
compliance and design review approval of the storage facility.
5.1.10 Lot 2, Block 1 of the Oaks North Subdivision and Lot 5, Block 16 of the
Oaks South Subdivision shall be preserved for future right-of-way acquisition
by ITD for the construction of the McDermott Road overpass.
5.1.11 The Owner/Developer shall comply with all City ordinances in effect at the
time of final plan submittal.
5.1.12 The Owner/Developer shall provide a method for notifying home owners of
the future multi -family developments proposed with the Oaks North and
Oaks South developments as determined by the Planning Division Manager.
5.1.13 With the first phase of development of the Oaks South Subdivision, the
Owner/Developer shall develop the pool complex on Lot 1, Block 4, as
proposed. With the second phase of development of the Oaks North
Subdivision, the Owner/Developer shall develop the pool complex and the
5.71 acre neighborhood park on Lot 6, Block 12, as proposed.
5.1.14 A cross -access easement shall be recorded for the office lots within the Oaks
South Subdivision in accord with UDC 11-3A-3.
6. COMPLIANCE PERIOD This Agreement must be fully executed within two (2)
years after the date of the Findings for the annexation and zoning or it is null and void.
DEFAULT/CONSENT TO DE -ANNEXATION AND REVERSAL OF
ZONING DESIGNATION:
7.1 Acts of Default. In the event Owner/Developer, or Owner's/Developer's
heirs, successors, assigns, or subsequent owners of the Property or any other
person acquiring an interest in the Property, fail to faithfully comply with all
of the terms and conditions included in this Agreement in connection with the
Property, this Agreement may be terminated by the City upon compliance
with the requirements of the Zoning Ordinance.
7.2 Notice and Cure Period. In the event of Owner/Developer's default of this
Agreement, Owner/Developer shall have thirty (30) days from receipt of
written notice from City to initiate commencement of action to correct the
breach and cure the default, which action must be prosecuted with diligence
and completed within one hundred eighty (180) days; provided, however, that
DEVELOPMENT AGREEMENT -OAKS NORTH AND SOUTH SUBDIVISIONS (RZ 13-015 AZ 13-008) PAGE 5 OF 10
in the case of any such default that cannot with diligence be cured within
such one hundred eighty (180) day period, then the time allowed to cure such
failure maybe extended for such period as maybe necessary to complete the
curing of the same with diligence and continuity.
7.3 Remedies. In the event of default by Owner/Developer that is not cured after
notice as described in Section 7.2, Owner/Developer shall be deemed to have
consented to modification of this Agreement and de -annexation and reversal
of the zoning designations described herein, solely against the offending
portion of Property and upon City's compliance with all applicable laws,
ordinances and rules, including any applicable provisions of Idaho Code §§
67-6509 and 67-6511. Owner/Developer reserves all rights to contest
whether a default has occurred. This Agreement shall be enforceable in the
Fourth Judicial District Court in Ada County by either City or
Owner/Developer, or by any successor or successors in title or by the assigns
of the parties hereto. Enforcement may be sought by an appropriate action at
law or in equity to secure the specific performance of the covenants,
agreements, conditions, and obligations contained herein.
7.4 Delay. In the event the performance of any covenant to be performed
hereunder by either Owner/Developer or City is delayed for causes that are
beyond the reasonable control of the party responsible for such performance,
which shall include, without limitation, acts of civil disobedience, strikes or
similar causes, the time for such performance shall be extended by the
amount of time of such delay.
7.5 Waiver. A waiver by City of any default by Owner/Developer of any one or
more of the covenants or conditions hereof shall apply solely to the default
and defaults waived and shall neither bar any other rights or remedies of City
nor apply to any subsequent default of any such or other covenants and
conditions.
8. INSPECTION: Owner/Developer shall, immediately upon completion of any
portion or the entirety of said development of the Property as required by this Agreement or by City
ordinance or policy, notify the City Engineer and request the City Engineer's inspections and written
approval of such completed improvements or portion thereof in accordance with the terms and
conditions of this Agreement and all other ordinances of the City that apply to said Property.
9. REQUIREMENT FOR RECORDATION: City shall record either a memorandum
of this Agreement or this Agreement, including all of the Exhibits, and submit proof of such
recording to Owner/Developer, prior to the third reading of the Meridian Zoning Ordinance in
connection with the re -zoning of the Property by the City Council. If for any reason after such
recordation, the City Council fails to adopt the ordinance in connection with the annexation and
zoning of the Property contemplated hereby, the City shall execute and record an appropriate
instrument of release of this Agreement.
DEVELOPMENT AGREEMENT— OAKs NORTH AND SOUTH SUBDIVISIONS (RZ 13-015 AZ 13-008) PAGE 6 OF 10
10. ZONING: City shall, following recordation of the duly approved Agreement, enact a
valid and binding ordinance zoning the Property as specified herein.
IL SURETY OF PERFORMANCE: The City may also require surety bonds,
irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under
Meridian City Code §11-5-C, to insure that installation of the improvements, which the
Owner/Developer agrees to provide, if required by the City.
12. CERTIFICATE OF OCCUPANCY: No Certificates of Occupancy shall be issued
in any phase in which the improvements have not been installed, completed, and accepted by the
City.
13. ABIDE BY ALL CITY ORDINANCES: That Owner/Developer agree to abide by
all ordinances of the City of Meridian and the Property shall be subject to de -annexation if the owner
or his assigns, heirs, or successors shall not meet the conditions contained in the Findings of Fact and
Conclusions of Law, this Development Agreement, and the Ordinances of the City of Meridian.
14. NOTICES: Any notice desired by the parties and/or required by this Agreement
shall be deemed delivered if and when personally delivered or three (3) days after deposit in the
United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed
as follows:
CITY:
City Clerk
City of Meridian
33 E. Broadway Ave.
Meridian, Idaho 83642
OWNER/DEVELOPER:
Coleman Homes, LLC
3103 W. Sheryl Drive, Suite 100
Meridian, Idaho 83642
with copy to:
City Attorney
City of Meridian
33 E. Broadway Avenue
Meridian, ID 83642
14.1 A party shall have the right to change its address by delivering to the other
party a written notification thereof in accordance with the requirements of
this section.
DEVELOPMENT AGREEMENT -OAKS NORTH AND SOUTH SUBDIVISIONS (RZ 13-015 AZ 13-008) PAGE 7 OF 10
15. ATTORNEY FEES: Should any litigation be commenced between the parties hereto
concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as
may be granted, to court costs and reasonable attorney's fees as determined by a Court of competent
jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall
survive any default, termination or forfeiture of this Agreement.
16. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time
is strictly of the essence with respect to each and every term, condition and provision hereof, and that
the failure to timely perform any of the obligations hereunder shall constitute a breach of and a
default under this Agreement by the other party so failing to perform.
17. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure
to the benefit of the parties' respective heirs, successors, assigns and personal representatives,
including City's corporate authorities and their successors in office. This Agreement shall be
binding on the Owner/Developer of the Property, each subsequent owner and any other person
acquiring an interest in the Property. Nothing herein shall in any way prevent sale or alienation of
the Property, or portions thereof, except that any sale or alienation shall be subject to the provisions
hereof and any successor owner or owners shall be both benefited and bound by the conditions and
restrictions herein expressed. City agrees, upon written request of Owner/Developer, to execute
appropriate and recordable evidence of termination of this Agreement if City, in its sole and
reasonable discretion, had determined that Owner/Developer has fully performed its obligations
under this Agreement.
18. INVALID PROVISION: If any provision of this Agreement is held not valid by a
court of competent jurisdiction, such provision shall be deemed to be excised from this Agreement
and the invalidity thereof shall not affect any of the other provisions contained herein.
19. DUTY TO ACT REASONABLY: Unless otherwise expresslyprovided, each party
shall act reasonably in giving any consent, approval, or taking any other action under this Agreement.
20. FINAL AGREEMENT: This Agreement sets forth all promises, inducements,
agreements, condition and understandings between Owner/Developer and City relative to the subject
matter hereof, and there are no promises, agreements, conditions or understanding, either oral or
written, express or implied, between Owner/Developer and City, other than as are stated herein.
Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to
this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them
or their successors in interest or their assigns, and pursuant, with respect to City, to a duly adopted
ordinance or resolution of City.
20.1 No condition governing the uses and/or conditions governing re -zoning of the subject
Property herein provided for can be modified or amended without the approval of the
City Council after the City has conducted public hearing(s) in accordance with the
notice provisions provided for a zoning designation and/or amendment in force at the
time of the proposed amendment.
DEVELOPMENT AGREEMENT -OAKS NORTH AND SOUTH SUBDIVISIONS (RZ 13-015 AZ 13-008) PAGE 8 OF 10
21. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the
date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in
connection with the annexation and zoning of the Property and execution of the Mayor and City
Clerk.
ACKNOWLEDGMENTS
IN WITNESS WHEREOF, the parties have herein executed this agreement and made
it effective as hereinabove provided.
OWNER/DEVELOPER:
Coleman Homes, LLC
M
CITY OF MERIDIAN
By:
Mayor t#my de Weerd
` \LPTLI)AVCC•S�l
ATTEST:
W
it " City of
\ IDAHO /
SEAL
Holman, City Clerk " 6T
r
°�rn� rn Earn¢.
DEVELOPMENT AGREEMENT— OAKS NORTH AND SOUTH SUHDNISIONS (RZ 13-015 AZ 13-008) PAGE 9 OF 10
STATE OF IDAHO )
ss:
County of Ada, )
On thisday ofd, 2014�, before me, the undersigned, a Notary Public in and
for s ' State, person Ily appeared 0,W,? c pBla s!?! R known or identified to me to be
the of Coleman Homes, LLC, and acknowledged to me that he executed
the same on beha f of said Corporation.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day
and year in this certificate first above written.
(SEAL) ,,Cot.
��y. NOTARp tin t phublic fo I aho
g to Residing at: COv
My Commission Expires:
10V90C
OF
STATE OF IDAHO )
ss
County of Ada
On this as day of 1,,.,, N , 2014, before me, a Notary Public,
personally appeared Tammy de Weerd and Jaycee L. Holman, know or identified to me to be the
Mayor and Clerk, respectively, of the City of Meridian, who executed the instrument or the person
that executed the instrument of behalf of said City, and acknowledged to me that such City executed
the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day
and year in this certificate first above written.
(SEAL)
A
Notary Public or Idaho
Residing at: KAck, dlayx (1)
Commission expires: Jk1 L{ ) o D o
DEVELOPMENT AGREEMENT -OAKS NORTH AND SOUTH SUBDIVISIONS (RZ 13-01$ AZ 13-008) PAGE 10 OF 10
Exhibit A
Legal Descriptions for the Annexation and Rezone
July 9, 2013
DESCRIPTION FOR R-4 ZONE ANNEXATION PARCEL
PROPOSED OAKS SOUTH SUBDIVISION
A parcel of land located in the N'/] of Section 33, T. 4N., RAW., B.M.; Meridian, Ada
County, Idaho, more particularly described as follows:
Commencing at the Northwest corner of the said Section 33, from which the North ^/
corner of said section bears South 89°16'58" East, 2635.25 feet; thence along the north
boundary of the NW % of said section South 89°16'58" East, 1317.67 feet to the northwest
corner of the E ^/1 of the NW Y< of said section; thence along the west boundary of said E %: of
the NW Y< South 00030'58" West, 702.15 feet to the POINT OF BEGINNING;
thence North 58006'55" East, 56.81 feet;
thence North 76'35'33" East, 44.23 feet;
thence South 89016'58" East, 605.00 feet;
thence South 00°43'02" West, 45.00 feet;
thence South 89°16'58" East, 221.58 feet to a point of curvature;
thence 291.40 feet along the arc of a curve to the left, said curve having a radius of
300.00 feet, a delta angle of 55°39'15", and a long chord bearing North 62°53'25" East,
280.08 feet to a point of compound curvature;
thence 22.74 feet along the arc of a curve to the left, said curve having a radius of
400.00 feet, a delta angle of 03°15'26", and a long chord bearing North 33°26'05" East, 22.74
feet to a point on a curve;
thence 121.86 feet along the arc of a non -tangent curve to the right, said curve having
a radius of 300.00 feet, a delta angle of 23°1624", and a long chord bearing South 46°33'39"
East, 121.02 feet;
thence North 58°57'32" East, 159.20 feet;
thence South 29°48'22" East, 75.02 feet;
thence South 36°44'57" East, 70,80 feet;
thence South 45°02'43" East, 63.43 feet;
thence South 56°05'04" East, 78.26 feet;
thence South 68°00'46" East, 75.00 feet;
Oaks North and South Subdivisions —(AZ -13-008; RZ-13-008)
thence South 76°05'15" East, 75.00 feet;
thence South 86°21'57" East, 74.91 feet;
thence North 87°53'29" East, 681.15 feet;
thence North 65°09'33" East, 88.92 feet;
thence South 89°31'36" East, 50.00 feet to a point on the east boundary of the W Y of
the NE %of said Section 33;
thence along said east boundary South 00°28'24" West, 938.32 feet;
thence leaving said boundary South 86°27'13" West, 249.29 feet;
thence South 88°55'20" West, 854.30 feet;
thence North 88°19'22" West, 243.62 feet;
thence North 74°47'14" West, 175.88 feet;
thence North 76044'37" West, 2499.95 feet to a point on the west boundary of said
Section 33;
thence along said west boundary North 00°32'39" East, 101,67 feet;,
thence leaving said boundary South 76°42'20" East, 1259.37 feet;
thence South 89017'19" East, 89.90 feet;
thence North 00°30'58" East, 614.45 feet to the POINT OF BEGINNING. Containing
59.72 acres, more or less.
REVIE �iCPf' ZOVAL
nY -U`-
JUL. 2 5 ?013
MERIDIAN CO•"fMUNITY
DEVELOPIJ,ENT DEPT.
Oaks North and South Subdivisions — AZ -13-008; RZ-13-008; PP -13-013; PP -13-014 and MDA -13-015
PAGE 42
July 9, 2013
DESCRIPTION FOR R-8 ZONE ANNEXATION PARCEL
PROPOSED OAKS SOUTH SUBDIVISION
A parcel of land located in the N''/z of Section 33, T. 4N., R. WV., B.M., Meridian, Ada
County, Idaho, more particularly described as follows:
Commencing at the Northwest corner of the said Section 33, from which the North'/<
corner of said section bears South 89°16'58" East, 2635.25 feet; thence along the north
boundary of the NW'/a of said section South 89°16'58" East, 1317.67 feet to the northwest
corner of the East '/2 of the NW '% of said section, the POINT OF BEGINNING;
thence continuing along said north boundary South 89'16'58" East, 1317.68 feet to the
N'% corner of said Section 33;
thence along the north boundary of the NE'% of said section South 89°16'45" East,
1317.68 feet to the NE corner of the W %: of the NW '/ of said Section 33;
thence along the east boundary of said W '/3 of the NW 1/4 South 00°28'24" West,
751.22 feet;
thence leaving said boundary North 89°31'36" West, 50.00 feet;
thence South 65009'33" West, 88.92 feet;
thence South 87°53'29" West, 681.15 feet;
thence North 86°21'57" West, 74.91 feet;
thence North 76°05'15" West, 75.00 feet;
thence North 68000'46" West, 75.00 feet;
thence North 56°05'04" West, 78.26 feet;
thence North 45°02'43" West, 83.43 feet;
thence North 36°44'57" West, 70.80 feet;
thence North 29°46'22" West, 75.02 feet;
thence South 58°57'32" West, 159.20 feet to a point on a curve;
thence 121.86 feet along the arc of a non -tangent curve to the left, said curve having a
radius of 300.00 feet, a delta angle of 23°16'24", and a long chord bearing North 46°33'39"
West, 121.02 feet to a point on a curve;
Oaks North and South Subdivisions —AZ -13-008; RZ-13-008; PP -13-013; PP -13-014 and MDA -13-015
PAGE43
thence 22.74 feet along the arc of a non -tangent curve to the right, said curve having a
radius of 400.00 feet, a delta angle of 03°15'26", and a long chord bearing South 33°26'05"
West, 22.74 feet to a point of compound curvature;
thence 291.40 feet along the are of a curve to the right, said curve having a radius of
300.00 feet, a delta angle of 55°39'15", and a long chord bearing South 62°53'25" West,
280.08 feet to a point of tangency;
thence North 89°16'58" West, 221.58 feet;
thence North 00°43'02" East, 45.00 feet;
thence North 89°16'58" West, 605.00 feet;
thence South 75°35'33" West, 44.23 feet;
thence South 58°06'55" West, 56.81 feet to a point on the west boundary of the E % of
the NW y of said Section 33;
thence along said west boundary North 00°30'56" East, 702.15 feet to the
POINT OF BEGINNING. Containing 43.32 acres, more or less.
1118
(09Ir3 _
OF a5�/
RE -VIE() -PP� �6VAL
RE
�-
JUL 7 'LUt3
Oaks North and South Subdivisions —AZ -13-008; RZ-13-008; PP -13-013; PP -13-014 and MDA -13-015
PAGE 44
July 9, 2013
DESCRIPTION FOR R-4 REZONE
PROPOSED OAKS SUBDIVISION
PARCEL A
A parcel of land located in the N''/= of Section 33, T. 4N., RAW., B.M., Meridian, Ada
County, Idaho, more particularly described as follows:
Commencing at the Northwest corner of the said Section 33, from which the North 1/4
corner of said section bears South 89°16'58" East, 2635.25 feet; thence along the north
boundary of the NW` '/<of said section South 89°16'58" East, 1317.67 feet to the northwest
corner of the E'/ of the NW Y4 of said section; thence along the west boundary of said E "/2 of
the NW '/4 South 00°30'58" West, 702.15 feet to the POINT OF BEGINNING;
thence continuing South 00°30'58" West, 614.45 feet;
thence North 89'1719" West, 89.90 feet;
thence North 76°42'20" West, 78.25 feet;
thence North 09°2849" East, 243.74 feet;
thence North 06°19'43" East, 358.40 feet;
thence North 70°59'59" East, 46.32 feet;
thence South 31'53'05" East, 39.34 feet;
thence North 58°06'55" East, 32.21 feet to the POINT OF BEGINNING. Containing
1.77 acres, more or less.
PARCEL B
A parcel of land located in the E %: and SW '% of Section 28, T. 4N., RAW., B.M.,
Meridian, Ada County, Idaho, more particularly described as follows:
Commencing at the S "/4 corner of the said Section 28, from which the Southwest
corner of said section bears South 89°16'58" West, 2635.25 feet; thence along the South
boundary of said section South 89016'45" East, 1317.68 feet; thence North 00°37'35" East,
656.30 feet to the POINT OF BEGINNING;
Thence North 89°22'25" West, 1372.28 feet;
thence North 86°16'25" West, 50.07 feet;
thence North 89°22'25" West, 265.00 feet;
Oaks North and South Subdivisions — AZ -13-008; RZ-13-008; PP -13-013; PP -13-014 and MDA -13-015
PAGE46
thence North 84°44'53" West, 165.52 feet;
thence North 69°51'36" West, 36.96 feet;
thence North 40°06'25" West, 42.00 feet;
thence North 30°17'16" West, 42.00 feet;
thence South 67°1744" West, 116.09 feet;
thence South 84°36'49" West, 51.07 feet;
thence South 71 °27'35" West, 128.62 feet;
thence North 89°22'25" West, 550.00 feet;
thence North 74°04'30" West, 51.84 feet;
thence North 89°22'25" West, 209.94 feet;
thence North 22°56'21" West, 133.50 feet;
thence North 10°22'36" West, 102.43 feet;
thence North 15°28'05" West, 262.84 feet;
thence North 01'00'42" East, 171.03 feet;
thence North 88°59'18" West, 324.54 feet;
thence North 01°00'42" East, 774.71 feet;
thence South 8902117" East, 120.00 feet;
thence South 68°27'39" East, 53.39 feet;
thence South 89°21'17" East, 345.70 feet;
thence North 45°38'43" East, 14.14 feet;
thence North 00°38'43" East, 100.00 feet;
thence North 01°50'15" West, 25,02 feet;
thence North 00038'43" East, 425.00 feet;
thence South 89021'17" East, 340.07 feet;
thence South 00°52'12" West, 16.99 feet;
Oaks North and South Subdivisions — AZ -13-008; RZ-13-008; PP -13-013; PP -13-014 and MDA -13-015
PAGE 47
thence South 89°14'34" East, 789.50 feet;
thence North 64°03'54" East, 27.64 feet;
thence South 8605348" East, 189.53 feet;
thence South 89°14'51" East, 20.04 feet;
thence South 70°27'50" East, 25.64 feet;
thence South 81 000'03" East, 36.69 feet;
thence South 88050'13" East, 85.57 feet;
thence South 86°14'58" East, 63.62 feet;
thence North 89°18'37" East, 45.49 feet;
thence South 78°07'47" East, 19.68 feet;
thence North 53°05'44" East, 16.53 feet;
thence North 00°45'06" East, 24.90 feet;
thence North 00043'58" East, 625.84 feet;
thence South 77°58'14" East, 1338.14 feet;
thence South 00036'34" West, 361.82 feet;
thence South 00037'35" West, 1979.46 feet to the POINT OF
Containing 160.06 acres, more or less.
REV�PRDVAL
JUL 2 5 �ul�
MERIDIAN
DEVELGPtv'_'""'
Oaks North and South Subdivisions—AZ-13-008; RZ-13-008; PP -13-013; PP -13-014 and MDA -13-015
PAGE 48
May 16, 2013
DESCRIPTION FOR R-8 ZONE
PROPOSED OAKS SUBDIVISION
PARCEL A
A parcel of land located In the SW 1/4 of Section 28, T. 4N., RAW., B.M., Meridian, Ada
County, Idaho, more particularly described as follows:
Commencing at the Southwest corner of the said Section 28, from which the South''/e
corner of said section bears South 89'16'68" East, 2635.25 feet; thence along the West
boundary of said section North 01'00'42" East, 2089.88 feet to the POINT OF BEGINNING;
thence continuing along said West boundary North 01°00'42" East, 540.97 feet to the
northwest corner of said SW 1/4 ;
thence along the North boundary of said SW 1/4 South 89021'17" East, 971.05 feet;
thence South 00°38'43" West, 425.00 feet;
thence South 01°50'15" East, 25.02 feet;
thence South 00°3843" West, 100,00 feet;
thence South 45°38'43" West, 14.14 feet;
thence North 89021'17" West, 345.70 feet;
thence North 68027'39" West, 53.39 feet;
thence North 89°21'17" West, 570.00 feet to the POINT OF BEGINNING. Containing
12.25 acres, more or less.
PARCEL B
A parcel of land located in the NW'/ of Section 33, T. 4N., RAW., B.M.,
Meridian, Ada County, Idaho, more particularly described as follows:
BEGINNING at the Northwest corner of the said Section 33, from which the North i/6
corner of said section bears South 89016'58" East, 2635.25 feet;
thence along the North boundary of said section South 89°16'58" East, 643.51 feet;
thence South 00°43'02" West, 502.76 feet;
thence North 89°27'21"West, 641.99 feet to a point on the westerly boundary of said
NW 1/4;
Oaks North and South Subdivisions —AZ -13-008; RZ-13-008; PP -13-013; PP -13-014 and MDA -13-015
PAGE49
thence North 00°32'39" East along said westerly boundary, 504.70 feet to the POINT
OF BEGINNING. Containing 7.43 acres, more or less.
PARCEL C
A parcel of land located In the N % of Section 33 and the S''/: of Section 28, T. 4N.,
R.1 W., B.M., Meridian, Ada County, Idaho, more particularly described as follows:
Commencing at the Northwest corner of the said Section 33, from which the North 1/4
corner of said section bears South 89°16'58" East, 2635.25 feet; thence along the North
boundary of said section South 89°16'58" East, 918.52 feet to the POINT OF BEGINNING;
thence North 00°42'28" East, 596.72 feet to a point of curvature;
thence 71.77 feet along the arc of a curve to the right, said curve having a radius of
300.00 feet, a delta angle of 13°42'28", and a long chord bearing North 07°33'42" East, 71.60
feet;
thence South 89022'25" East, 209.94 feet;
thence South 74°04'30" East, 51.84 feet;
thence South 89022'25" East, 550.00 feet;
thence North 71'27'.36" East, 128.62 feet;
thence North 84°36'49" East, 51.07 feet;
thence North 67°17'44" East, 116.09 feet;
thence South 30°17'16" East, 42.00 feet;
thence South 40°06'25" East, 42.00 feet;
thence South 69°51'36" East, 36.96 feet;
thence South 84044'53" East, 165.52 feet;
thence South 89°22'25" East, 265.00 feet;
thence South 86°16'25" East; 50.07 feet;
thence South 89°22'25" East, 1372.28 feet;
thence South 00°37'35" West, 656.30 feet to a point on the North boundary of the said
Section 33;
thence leaving said north boundary South 00°28'24" West, 751.22 feet;
thence North 89°31'36" West, 50.00 feet;
Oaks Noah and South Subdivisions — AZ -13-008; RZ-13-008; PP -13-013; PP -13-014 and MDA -13-015
PAGE 50
thence South 65°09'33" West, 88.92 feet;
thence South 87°53'29" West, 681.15 feet;
thence North 86°21'57" West, 74.91 feet;
thence North 76°05'15" West, 75.00 feet;
thence North 68°00'46" West, 75.00 feet;
thence North 56°05'04" West, 78.26 feet;
thence North 45°02'43" West, 83.43 feet;
thence North 36°44'57" West, 70.80 feet;
thence North 29°48'22" West, 75.02 feet;
thence South 58°57'32" West, 159.20 feet to a point on a curve;
thence 121.86 feet along the arc of a non -tangent curve to the left, said curve having a
radius of 300.00 feet, a delta angle of 23°16'24", and a long chord bearing North 46°33'39"
West, 121.02 feet to a point on a curve;
thence 22.74 feet along the arc of a non -tangent curve to the right, said curve having a
radius of 400.00 feet, a delta angle of 03°15'26", and a long chord bearing South 33°26'05"
West, 22.74 feet to a point of compound curvature;
thence 291.40 feet along the arc of a curve to the right, said curve having a radius of
300.00 feet, a delta angle of 55°39'15", and a long chord bearing South 62°53'25" West,
280.08 feet to a point of tangency;
thence North 89°16'58" West, 221.58 feet;
thence North 00°43'02" East, 45.00 feet;
thence North 89°16'58" West, 605.00 feet;
thence South 75°35'33" West, 44.23 feet;
thence South 58°06'55" West, 89.02 feet;
thence North 31°53'05" West, 39.34 feet to a point of curvature;
thence 209.75 feet along the arc of a curve to the left, said curve having a radius of
400.00 feet, a delta angle of 30°02'40", and a long chard bearing North 46°54'25" West,
207.35 feet;
Oaks North and South Subdivisions —AZ -13-008; RZ-13-008; PP -13-013; PP -13-014 and MDA -13-015
PAGE 51
thence North 00°43'02" East, 546.61 feet to a point on the North boundary of said
Section 33;
thence along said boundary North 89016'58" West, 200.00 feet to the POINT OF
BEGINNING. Containing 92.31 acres, more or less.
13YE1
-APROVAL
JULt, 5 YU13
MER�D,,4r C�;,sr�UNirr
DEVEt,.'1n��: o;d7 DEPT.
Oaks North and South Subdivisions —AZ -13-008; RZ-13-008; PP -13-013; PP -13-014 and MDA -13-015
PAGE, 52
May 16, 2013
DESCRIPTION FOR R-15 ZONE
PROPOSED OAKS SUBDIVISION
PARCEL A
A parcel of land located in the SW % of Section 28, T. 4N., RAW., B.M., Meridian, Ada
County, Idaho, more particularly described as follows:
BEGINNING at the Southwest corner of the said Section 28, from which the South Y<
corner of said section bears South 89°16'58" East, 2635.25 feet;
thence along the West boundary of said SW Y4 North 01°00'42" East, 1315.47 feet;
thence South 89018'59" East, 450.00 feet;
thence South 8805918" East, 324.54 feet;
thence South 01'00'42" West, 171.03 feet;
thence South 15°28'05" East, 262.84 feet;
thence South 10°22'36" East, 102.43 feet;
thence South 22°56'21" East, 133.50 feet to a point on a curve;
thence 71.77 feet along the are of a non -tangent curve to the left, said curve having a
radius of 300.00 feet, a delta angle of 13°42'28", and a long chord bearing South 07°33'42"
West, 71.60 feet to a point of tangency;
thence South 00042'28" West, 596.72 feet;
thence North 89016'58" West, 918.52 feet to the POINT OF BEGINNING. Containing
26.32 acres, more or less.
PARCEL B
A parcel of land located in the NW % of Section 33, T. 4N., R.1 W., B.M., Meridian, Ada
County, Idaho, more particularly described as follows:
Commencing at the Northwest corner of the said Section 33, from which the North 1/4
corner of said section bears South 89°16'58" East, 2635.25 feet; thence along the West
boundary of said section South 00°32'39" West, 504.70 feet to the POINT OF BEGINNING;
Thence South 89°27'21" East, 932.00 feet to a point of curvature;
Oaks North and South Subdivisions —AZ -13-008; RZ-13-008; PP -13-013; PP -13-014 and MDA -13-015
PAGE 53
thence 401.92 feet along the arc of a curve to the right, said curve having a radius of
400.00 feet, a delta angle of 57°34'16", and a long chord bearing South 60°40'13" East,
385.23 feet;
thence South 70°59'59" West, 46.32 feet;
thence South 06°19'43" West, 358.40 feet;
thence South 09°2849" West, 243.74 feet;
thence North 76°42'20" West, 1181.12 feet to a point on the West boundary of said
Section 33;
thence along said West boundary North 00°32'39" East, 537.67 feet to the POINT OF
BEGINNING, Containing 18.34 acres, more or less.
PARCEL C
A parcel of land located in the NE ^/n of Section 28, T. 4N., RAW., B.M., Meridian, Ada
County, Idaho, more particularly described as follows:
Commencing at the S ^/4 corner of the said Section 28, from which the Southwest
corner of said section bears South 89°16'58" West, 2635.25 feet; thence along the South
boundary of said section South 89°1645" East, 1317.68 feet; thence North 00°37'35" East,
2635.76 feet; thence North 00°36'34" East, 214.87 feet to the POINT OF BEGINNING;
Thence continuing North 00°36'34" East, 444.28 feet;
thence South 89°22'11" East, 175.08 feet;
thence South 00°29'20" West, 230.00 feet;
thence South 89°22'02" East, 1136.34 feet to a point on the East boundary of the said
Section 28;
thence along said boundary South 00°29'20" West, 214,64 feet;
thence North 89°21'07" West, 1312.36 feet to the POINT OF BEGINNING. Containing
7.39 acres, inore or less.
r'AUNiTY
Oaks North and South Subdivisions—AZ-13-008; RZ-13-008; PP -13-013; PP -13-014 and MDA -13-015
PAGE 54
a
. REVIPpRDVAL
BY
l�,L lF O F
TaN
JUL 2 5 2UI3
w,
r'AUNiTY
Oaks North and South Subdivisions—AZ-13-008; RZ-13-008; PP -13-013; PP -13-014 and MDA -13-015
PAGE 54
May 16, 2013
DESCRIPTION FOR L -O ZONE
PROPOSED OAKS SUBDIVISION
A parcel of land located in the NW Y< of Section 33, T. 4N., RAW., B.M., Meridian, Ada
County, Idaho, more particularly described as follows:
Commencing at the Northwest corner of the said Section 33, from which the North Y<
corner of said section bears South 89°16'58" East, 2635.25 feet; thence along the North
boundary of said section South 89616'45" East, 643.51 feet to the POINT OF BEGINNING;
thence continuing along said North boundary South 89016'58" East, 475.01 feet;
thence South 00°43'02" West, 546.61 feet to a point on a curve;
thence 192.17 feet along the are of a non -tangent curve to the left, said curve having a
radius of 400.00 feet, a delta angle of 27°31'36", and a long chord bearing North 75°41'33"
West, 190.33 feet to a point of tangency;
thence North 89°27'21" West, 290.01 feet;
thence North 00043'02" East, 502.76 feet to the POINT OF BEGINNING. Containing
5.54 acres, more or less.
Rcvl � OVAL
13Y
UL 2 5 2013
MERIDIAN COIMUNITY
DEPT.
Oaks North and South Subdivisions — (AZ -13-008; RZ-13-008)
Oaks North and South Subdivisions — AZ-13-008; RZ-13-008; PP-13-013; PP-13-014 and MDA-13-015
PAGE 57
CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF LAW
AND
DECISION & ORDER
IDIAN�--
IDAHO
In the Matter of Rezone of 298.33Acres of Land to the R-4 (Medium Low -Density Residential)
(160.06 Acres), the R-8 (Medium -Density Residential) (104.56 Acres) and the R-15 ( Medium High -
Density) (33.71 Acres) Zoning Districts AND Preliminary Plat consisting of 653 Residential Lots, 3
Multi -family Lots, 40 Common Lots and 1 Other Lot on 252.12 Acres of Land for Oaks North
Subdivision;
Annexation of 103.04 Acres to the R-4 (Medium -low Density Residential) (59.72 Acres) and R-8
(Medium Density Residential) (43.32 Acres) Zoning Districts; Rezone of 33.08 acres to the R-4
(Medium -low Density Residential) (1.77 acres), R-8 (Medium -Density Residential) (7.43 acres), R-
15 (Medium High -Density Residential) (18.34 acres) and L -O (Limited Office) (5.54 acres) Zoning
Districts; Preliminary Plat consisting of 310 Residential Lots,1 Multi -family Lot, 6 Office Lots,1
Park Lot, 2 Other Lots and 33 Common Lots on 135.93 acres for Oaks South Subdivision AND;
Development Agreement modification to replace recorded Oakcreek DA (Inst. #109009629) with
new development agreement for the Oaks North and Oaks South Subdivisions, by Coleman Homes,
LLC.
Case No(s). AZ -13-008; RZ-13-008; PP -13-013; PP -13-014 and MDA -13-015
For the City Council Hearing Date of. November 26, 2013 (Findings on December 10, 2013)
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of November 26, 2013, incorporated
by reference)
2. Process Facts (see attached Staff Report for the hearing date of November 26, 2013, incorporated
by reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of November 26,
2013, incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing
date of November 26, 2013, incorporated by reference)
B. Conclusions of Law
1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use
Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503).
2. The Meridian City Council takes judicial notice of its Unified Development Code codified at
Title 1 I Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ -13-008, RZ-13.008, PP -13-013, PP -13-014 & MDA -13-015
-I-
ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of
Meridian, which was adopted April 19, 2011, Resolution No. 11-784 and Maps.
3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A.
4. Due consideration has been given to the comment(s) received from the governmental
subdivisions providing services in the City of Meridian planning jurisdiction.
5. It is found public facilities and services required by the proposed development will not impose
expense upon the public if the attached conditions of approval are imposed.
6. That the City has granted an order of approval in accordance with this Decision, which shall be
signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the
Planning Department, the Public Works Department and any affected party requesting notice.
That this approval is subject to the Conditions of Approval all in the attached Staff Report for the
hearing date of November 26, 2013, incorporated by reference. The conditions are concluded to
be reasonable and the applicant shall meet such requirements as a condition of approval of the
application.
C. Decision and Order
Pursuant to the City Council's authority as provided in Meridian City Code § 11 -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 annexation, rezone, preliminary plat and development agreement
modification is hereby approved per the conditions of approval in the attached Staff Report for
the hearing date of November 26, 2013, attached as Exhibit A.
D. Notice of Applicable Time Limits
Notice of Preliminary Plat Duration
Please take notice that approval of a preliminary plat, combined preliminary and final plat, or
short plat shall become null and void if the applicant fails to obtain the city engineer's signature
on the final plat within two (2) years of the approval of the preliminary plat or the combined
preliminary and final plat or short plat (UDC 11 -6B -7A).
In the event that the development of the preliminary plat is made in successive phases in an
orderly and reasonable manner, and conforms substantially to the approved preliminary plat,
such segments, if submitted within successive intervals of two (2) years, may be considered for
final approval without resubmission for preliminary plat approval (UDC 11 -6B -7B).
Upon written request and filed by the applicant prior to the termination of the period in accord
with 11-613-7.A, the Director may authorize a single extension of time to obtain the City
Engineer's signature on the final plat not to exceed two (2) years. Additional time extensions up
to two (2) years as determined and approved by the City Council may be granted. With all
extensions, the Director or City Council may require the preliminary plat, combined
preliminary and final plat or short plat to comply with the current provisions of Meridian City
Code Title 11. If the above timetable is not met and the applicant does not receive a time
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ -13-008, RZ-13-008, PP -13-013, PP -13-014 & MDA -13-015
-2-
extension, the property shall be required to go through the platting procedure again (UDC 1I-
613 -7C).
Notice of Two (2) Year Development Agreement Duration
The development agreement shall be signed by the property owner and returned to the City
within two (2) years of the City Council granting annexation and/or rezone (UDC 11-513-31)).
A modification to the development agreement may be initiated prior to signature of the
agreement by all parties and/or may be requested to extend the time allowed for the agreement
to be signed and returned to the City if filed prior to the end of the two (2) year approval period
(UDC 11-513-317).
E. Notice of Final Action and Right to Regulatory Takings Analysis
1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, denial of a development
application entitles the Owner to request a regulatory taking analysis. Such request must be in
writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the
final decision concerning the matter at issue. A request for a regulatory takings analysis will
toll the time period within which a Petition for Judicial Review may be filed.
2. Please take notice that this is a final action of the governing body of the City of Meridian.
When applicable and pursuant to Idaho Code § 67-6521, any affected person being a person
who has an interest in real property which may be adversely affected by the final action of the
governing board may within twenty-eight (28) days after the date of this decision and order
seek a judicial review as provided by Chapter 52, Title 67, Idaho Code.
F. Attached: Staff Report for the hearing date of November 26, 2013
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ -13-008, RZA3-008, PP -I3-013, PP -13-014 & MDA -13.015
-3-
By action of the City Council at its regular meeting held on the -1-1 � day of lL(-O-,
2013.
COUNCIL PRESIDENT BRAD HOAGLUN VOTED
COUNCIL VICE PRESIDENT CHARLIE ROUNTREE
COUNCIL MEMBER DAVID ZAREMBA
COUNCIL MEMBER KEITH BIRD
MAYOR TAMMY de WEERD
(TIE BREAKER)
Attest:
City Clerk
Copy served upon Applicant, The
Mayor Ta
pfmb/de Weerd
VOTED
VOTEUV-O—
r—
VOTED
VOTED
VOTED
Public Works Department and City Attorney.
B : Dated:
pity Cl rk's 0 Ice
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ -13.008, RZ-13-008, PP -13-013, PP -13.014 & MDA -13-015
-4-
EXHIBIT A
STAFF REPORT C�wl EIDIAN--
Hearing Date: November 26, 2013 �-
IDAHO
TO: Mayor and City Council
FROM: Bill Parsons, Associate City Planner
208-884-5533
Bruce Freckleton, Development Services Manager
208-887-2211
SUBJECT: Oaks North and South Subdivisions —AZ -13-008; RZ-13-008; PP -13-013; PP -
13 -014; and MDA -13-015
I. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST
The applicant, Coleman Homes, LLC, has requested approval for the following applications:
1) Oaks North:
Rezone of approximately 298.33 acres from the R-4, R-8 and R-15 zoning districts to the R-4
(160.06 acres), R-8 (104.56 acres), and R-15 (33.71 acres) zoning districts
Preliminary plat (PP) approval consisting of 653 single family lots, 3 multi -family lots, 40
common lots and 1 other lot on approximately 252.12 acres in the R-4, R-8 and R-15 zoning
districts;
2) Oaks South:
Annexation of approximately103.04 acres from the RUT zoning district in Ada County to the R-4
(Medium -low Density Residential) and R-8 (Medium Density Residential) zoning districts
Rezone of approximately 33.08 acres from the R-8 (Medium Density Residential) and R-15
(Medium-high Density Residential) zoning districts to the R-4 (Medium -low Density Residential)
(1.77 acres), R-8 (Medium Density Residential) (7.43 acres), R-15 (Medium-high Density
Residential) (18.34 acres) and L -O (Limited Office) (5.54 acres) zoning districts
Preliminary plat (PP) approval consisting of 310 single family lots, 1 multi -family lot, 6 office
lots, I park lot, 2 other lots and 33 common lots on approximately 135.93 acres in a the R-4, R-8,
R-15 and L -O zoning districts.
3) Development Agreement modification to replace recorded Oakcreek DA (Inst. #109009629) with
new development agreement for the Oaks North and Oaks South Subdivisions.
See Section LY of the staff report for more information.
II. SUMMARY RECOMMENDATION
Staff recommends approval of the proposed AZ, RZ, PP and MDA applications in accord with the
conditions of approval in Exhibit B and the Findings of Fact and Conclusions of Law in Exhibit D.
The Meridian Planning and Zoning Commission heard these items on October 17.2013. At the
Dublic hearing, the Commission voted to recommend aDDroval of the subiect AZ. RZ. PP and
MDA requests.
a. Summary of Commission Public Hearing:
i. In favor: Terri and Dale Bentley (Neutral). Becky McKay
it. In onaosition: None
Oaks North and South Subdivisions — AZ -13-008; RZ-13-008; PP -13-013; PP -13-014 and MDA -13-015
PAGE t
EXHIBIT A
iii. Commenting: None
iv. Written testimony: Becky McKay, applicant's representative and Scott Noriyuki
v. Staff presenting application: Bill Parsons
vi. Other staff commenting on application: None
b. Key Issue(s) of Discussion by Commission:
I. The primary purpose of the outdoor storage facility.
ii. Dedication of a neighborhood park.
iii. Re-alienment of W. Octavia Drive.
iv. Clarification on the future amenities for the Oaks North proiect.
c. Key Commission Change(s) to Staff Recommendation:
i. Per the memo from Bruce Freckleton, the Commission amended condition 2.1.3 (see
Exhibit B).
ii. At the public hearing, the applicant clarified code compliant fencing would be installed
with each development phase and additional amenities including tot lots, sitting areas,
sports courts and walking path sienaee would be provided with the Oaks North
Subdivision (see Exhibit B).
d. Outstanding Issue(s) for City Council:
I. The Commission forwarded on a recommendation that the developer re -design the
any redesign occurs.
111 1' 11 1!
Council 1 1 1 1 DA provision Jt1 read preserve 1! I deed.
Council deleted DA 1 1 1 1 1 11 1 I' 1' 1 1Te-rt f1 the dedication 1
I"111 1111 1.
Oaks North and South Subdivisions—AZ-13-008; RZ-13-008; PP -13-013; PP -13.014 and MDA -13.015
PAGE
11 1M + 1 1 1 . I '
I In favor: B 11 ,
jL 1 opposMonL&M
ILL Commentings Scott\ 1 . 1 11111 • 1 1 1, 1
—
Written nll 1/ :
- 1
Staff1 11':1_1-11Parsons
yL I' • 11111'1 I' 11 :11 11
1
1 1 1 1 1 1 1
Dedication of the 1
IhLtiulinz I I' I I 11 of the sulifflyosion anigniije&
JJL 11 11 the use of the st
Crogg access between the office lotsI the Oakq SoUtURUMAM
Impact1 applying towards the flre statitinjoL
\ 1 I' wotcntial i 1 I I e buovers 1 11 . , 11 l' 1 1
111 1' 11 1!
Council 1 1 1 1 DA provision Jt1 read preserve 1! I deed.
Council deleted DA 1 1 1 1 1 11 1 I' 1' 1 1Te-rt f1 the dedication 1
I"111 1111 1.
Oaks North and South Subdivisions—AZ-13-008; RZ-13-008; PP -13-013; PP -13.014 and MDA -13.015
PAGE
� 1 1 I! I' i 1 11 I I 1 1 t' I I 111 ' l l• 1 1 11
1 1 1111 1 t: 1 1 11 1 11 i I: I IT t, 1 t/
111 1' 11 1!
Council 1 1 1 1 DA provision Jt1 read preserve 1! I deed.
Council deleted DA 1 1 1 1 1 11 1 I' 1' 1 1Te-rt f1 the dedication 1
I"111 1111 1.
Oaks North and South Subdivisions—AZ-13-008; RZ-13-008; PP -13-013; PP -13.014 and MDA -13.015
PAGE
EXHIBIT A
i• i n' i Ina WATWINIT"1 --
• i u', - -
III. PROPOSED MOTION
Approval
After considering all staff, applicant and public testimony, I move to approve File Numbers AZ -13-
008; RZ-13-008; PP -13-013; PP -13-014 and MDA -13-015 (optional) as presented in the staff report
for the hearing date of November 26, 2013, with the following modifications: (Add any proposed
modifications).
Denial
After considering all staff, applicant and public testimony, I move to deny File Numbers AZ -13-008;
RZ-13-008; PP -13-013; PP -13-014 and MDA -13-015 (optional), as presented during the hearing on
November 26, 2013, for the following reasons: (You should state specific reasons for denial)
Continuance
I move to continue File Numbers AZ -13-008; RZ-13-008; PP -13-013; PP -13-014 and MDA -13-015
(optional) to the hearing date of (insert continued hearing date here) for the following reason(s): (You
should state specific reason(s) for continuance.)
IV. APPLICATION AND PROPERTY FACTS
A. Site Address/Location:
Oaks North: The site is located on the north side of W. McMillan Road between N. McDermott
Road and N. Black Cat Road in the S %2 of Section 28, Township 4N, Range IW. (Parcel #'s:
SO428143240; SO428131610; SO428420000; SO428314850; SO428336900; SO428336600;
SO428336400 and SO428336025)
Oaks South: The site is located on the south side of W. McMillan Road between N. McDermott
Road and N. Black Cat Road in the N %2 of Section 33, Township 4N, Range IW. (Parcel #'s:
SO433223000;SO433212400;SO433120750)
B. Applicant/Owner(s):
Coleman Homes, LLC
1859 S. Topaz Way, Ste. 200
Meridian, Idaho 83642
C. Representative:
Becky McKay, Engineering Solutions, LLP
1029 N. Rosario Street, Ste. 100
Meridian, ID 83642
D. Applicant's Statement/Justification: Please see applicant's narrative for this information.
V. PROCESS FACTS
Oaks North and South Subdivisions — AZ -13.008; RZ-13-008; PP -13.013; PP -13-014 and MDA -13.015
PAGE
EXHIBIT A
A. The subject application is for an annexation, rezone, preliminary plat and development agreement
modification. A public hearing is required before the Planning and Zoning Commission and City
Council on this matter, consistent with Meridian City Code Title 11, Chapter 5.
B. Newspaper notifications published on: September 2, and 16, 2013(Commission); November 4,
and 18, 2013 (Council)
C. Radius notices mailed to properties within 300 feet on: August 22, 2013 (Commission); October
31, 2013 (Council)
D. Applicant posted notice on site(s) on: September 8, 2013 (Commission); November 15, 2013
Council
VI. LAND USE
A. Existing Land Use(s) and Zoning: The properties are currently being farmed and consist of
several single family residences and outbuildings, zoned RUT, R-4, R-8 and R-15.
B. Character of Surrounding Area and Adjacent Land Use and Zoning:
1. North: County residences and agriculture, zoned RUT (Ada County)
2. East: Bainbridge Subdivision, county residences and agriculture, zoned R-8 and RUT
3. South: County residences and agriculture, zoned RUT
4. West: County residences and agriculture, zoned RUT
C. History of Previous Actions: In 2008, a majority of the subject property received annexation (AZ -
08 -004) approval for a mixed use residential development. Since a majority of the property was
not serviceable the applicant obtained approval to subdivide 30.72 acres (PP -08-003) and the
remainder of the property was subject to a concept plan tied to the recorded development
agreement (instrument # 109009629). The preliminary plat consisted of 139 residential lots and
21 common lots, located on the southwest comer of McMillan and Black Cat Roads. Subsequent
final plats (FP -09-001, FP -11-013 and FP -13-029) have been approved and the third and final
phase of the previously approved preliminary plat for Oakcreek Subdivision is currently under
construction.
D. Utilities:
1. Public Works:
a. Location of sewer: Sanitary sewer service to this development is master planned to flow
to the future Can Ada Regional Lift Station. The applicant has proposed a conceptual
plan for their construction of a temporary lift station to serve the Oaks Development. The
Public Works Department has agreed in concept to this service arrangement.
b. Location of water: Water service to this development is master planned to come from
mains that would need to be constructed from existing mains in Black Cat Road as well
as McMillan Road. The applicant will be dedicating a site for a new municipal well to
provide additional service to the area.
c. Issues or concerns: The timing of the construction of the municipal well can take as
much as three -years. Because of the complex nature of water delivery in this area, each
phase of the development will require modeling analysis. Results of this modeling may
necessitate additional water main connections to ensure fire flow needs are met.
E. Physical Features:
1. Canals/Ditches Irrigation: The Creason Lateral and various other waterways transverse the
Oaks North and South Subdivisions — AZ -13-008; RZ-13-008; PP -13-013; PP -13-014 and MDA -13-015
PAGE 4
EXHIBIT A
Oaks North Subdivision and are being tiled with the subject plat application.
The Five Mile Creek and the Lemp Cana traverse across the Oaks South Subdivision
property. The applicant is requesting a Council waiver to leave the Lemp Canal open due to
the size of the facility. The Five Mile Creek is a natural waterway and will also remain open
as envisioned by the comprehensive plan (see section 7 for analysis).
2. Hazards: Staff is not aware of any hazards that exist on these properties.
3. Flood Plain: The south boundary of the Oaks South Subdivision (adjacent to the Five Mile
Creek) is impacted by the flood plain.
F. Summary of Proposed Streets and/or Access: The applicant is proposing to construct numerous
public streets and several stub streets as part of this project (see section 9 for analysis).
VII. COMPREHENSIVE PLAN POLICIES AND GOALS
The Oaks North property is designated "Medium Density Residential' (MDR) on the future land use
map. The Oaks South property includes both "Medium Density Residential' and "Office"
designations 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. Office designations are
meant to provide opportunities for low -impact business areas. Sample uses include office, technology
and resource centers and ancillary commercial uses if part of a larger business park area.
The Oaks North plat consists of 653 single-family residential building lots at a gross density of 3.03
dwelling units per acre which is at the low end of the desired density in MDR designated area. The
applicant is also proposing to plat three (3) multi -family lots which depict a gross density of 12.33
dwelling units to the acre.
The Oaks South plat consists of 310 single family residential building lots at a gross density of 2.95
dwelling units per acre which also falls slightly under the desired density in MDR designated area.
The applicant is also proposing to plat a multi -family lot in this area which depicts a desired gross
density of 13.21 dwelling units to acre.
The gross density of the multi -family lots will be analyzed when actual development is proposed.
Since the proposed developments are adjacent to rural properties, staff is of the opinion the proposed
density is appropriate in this area and compatible with adjacent uses.
As mentioned above, an Office land use designation is shown on the FLUM near the mid -mile on the
south side of McMillan Road. Since land uses are not parcel specific, the applicant is requesting to
"float" the office designation approximately '/a mile to the west of the existing designation to plat six
(6) office lots. (One of the proposed office lots may development with a future fire station to serve
this area of Meridian.) The applicant has also oriented the proposed office lots along the future
collector system, a future neighborhood park and a future multi -family development to ensure low
impact professional services can be provided in the area to support the residential development.
Because the neighborhood office park is a component of the proposed plat and may provide the
neighborhood services (i.e. daycare center, professional and personal service and medical offices) for
the area, staff is of the opinion that the requested L -O zone and shift of the office destination to the
west is consistent with the comprehensive plan.
Staff finds the following Comprehensive Plan policies to be applicable to this application and apply to
the proposed development of these properties (staff analysis in italics; comp, plan reference in
parenthesis):
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EXHIBIT A
• "Support a variety of residential categories (low-, medium-, medium-high and high-density
single-family, multi -family, townhouses, duplexes, apartments, condominiums, etc.) for the
purpose of providing the City with a range of affordable housing opportunities." (3.07.01 E)
The applicant is proposing to develop a mixed use residential development consisting of
primarily low and medium -density single-family and multi family units consistent with this
goal.
• "Provide housing options close to employment and shopping centers." (3.07.02D)
The proposed development will provide housing opportunities in close proximity to a
proposed Walmart and an existing shopping center at the northeast corner of Chinden
Boulevard and Linder Road. Future employment uses are planned a mile east of the proposed
subdivisions.
• "Require new residential development to meet development standards regarding landscaping,
signage, fences and walls, etc." (3.05.02C)
Street buffer landscaping is required adjacent to N. Black Cat Road, N. McDermott Road, W.
McMillan Road, W. Quintale Drive, N. Aldrich Avenue, N. Rustic Oak Way, N. Fawnridge
Way, W. Daphine Street and W. Octava Drive in accord with the standards listed in UDC H -
3B -7C as shown on the landscape plan. Separate permits shall be obtained for signage and
fencing in compliance with the standards listed in UDC 11-3D-5 and 11-3A-7 respectively.
• "Protect existing residential properties from incompatible land use development on adjacent
parcels." (3.06.01F)
The only developed property in the area is the Oakereek Subdivision located at the southwest
corner of McMillan Road and Black Cat Road. The remainder of the area is primarily being
farmed and includes rural residential land uses. The proposed project will certainly change
the dynamic on the fringe, from rural to urban. However much of the area is designated
medium density on the FLUMand staffanticipates similar densities developing on the
adjacent properties in the future. Additionally, the proposed subdivisions are developing at
the lower end ofthe density spectrum for medium density developments and are compatible
with the existing land uses in this area.
"Require common area in all subdivisions." (3.07.02F)
The applicant is required to provide a minimum of 10% qualified open space for each of the
proposed plats as set forth in UDC 11-3G-3. The Oaks North plat depicts plats 10.72% (or
27.03 acres) ofqualified open space and the Oaks South plat depicts 15.15% (or 20.59 acres)
of qualified open space. The proposed subdivisions are in compliance with the common area
requirement.
• "Permit new development only where urban services can be reasonably provided at the time
of final approval and development is contiguous to the City." (3.01.01F)
City services are required to be extended to the properties upon development in accord with
UDC 11-3A-21. The applicant is proposing to dedicate a well lot and a lift station lot with the
development of the Oaks South Subdivision. In order to sewer the property, the applicant
must design and install a lift station. The timing and sequence for the installation of these
improvements will be dictated by the Public Works Department. All other urban services can
or will be provided to the property.
• "Require street connections between subdivisions at regular intervals to enhance connectivity
and better traffic flow." (3.03.03C)
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EXHIBIT A
Between the two subdivisions, the applicant is proposing multiple street and pedestrian
connections. ACHD is currently analyzing the traffic study for this development to determine
the impacts to the existing roadways and what improvements will be required with the
development of the subdivisions. ACHD has indicated via an email that they do not have any
issues with the proposed plat layouts and connectivity. However, the staffreport from ACHD
was not available at the time this report went to print. Per the Master Street Map (MSM, the
applicant is providing the required collector street network.
With the development of the Oaks North plat, the applicant is proposingfour (4) stub streets
to the north, two (2) stub streets to the south and one (1) stub to the west and three (3) stub
streets to the east for future connectivity. Staff has been working with the applicant and the
adjacent property owner to the east on the realignment of the collector street (W. Octava
Drive) stubbed at the east boundary. Per our discussions the applicant has agreed to shift the
stub street to the north to align with the collector street approved with the Volterra North
Subdivision located on the east side of Black Cat Road. The alignment and construction of
this roadway will occur with the final plat.
With the development of the Oaks South plat, the applicant is proposing to stub the collector
street to the south and will be extending two stub streets constructed with the Oakcreek
Subdivision to the east.
Staff is recommending some additional streets and pedestrian connectivity to enhance
internal connectivity and enhance traffic flow; staff is supportive of the proposed roadway
network including stub streets and collector street network, as amended, for the development.
• "Provide a walkable community through good design." (2.01.01A)
See analysis in the bullet point below.
• "Require pedestrian access connectors in all new development to link subdivisions together to
promote neighborhood connectivity as part of a community pathway system." (3.03.03B)
The applicant has submitted an overall pathway plan proposed with the subdivisions,
attached as Exhibit A.4. The proposed pathway system is a combination of proposed multi-
use pathways, open space pathways and micropaths. Where the pathways terminate (stub),
the abutting properties will have the opportunity to extend the pathways into the adjacent
development further enhancing connectivity in the future. Staff finds the proposed pathway
plan/networkpromotes neighborhood connectivity and links the two subdivisions together.
• "Require screening and buffering of commercial and industrial properties to residential use
with transitional zoning." (3.06.01G).
With the Oaks North plat, the applicant is proposing accessory outdoor storage, multi family
buildings and a 60 foot wide landscape buffer adjacent to the northwest corner of the
property (Lot 1, Block 4) to provide a transition between the single-family homes and future
HWY 16.
With the Oaks South plat, the applicant is proposing a neighborhood park, future multi-
family buildings and an office park to provide a transition between the single family homes
and future HWY 16.
• "Reduce the number of existing access points onto arterial streets by using methods such as
cross access agreements, access management and frontage/backage roads." (3.03.02N)
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EXHIBIT A
The office portion of the development abuts collector streets. A requirement of the UDC
requires limited access on such roadways. With the platting of the office lots the applicant
should limit the number of accesses to the office lots through a cross -access agreement.
As mentioned above, the applicant is providing a collector street network consistent with the
MSM. The proposed collector streets for both subdivisions tie into McMillan Road, an
arterial roadway and provide future connectivity to adjacent properties consistent with the
UDC. Further, ITD has completed the HWY 16 alignment study and the existing McDermott
Road will become a backage road in the future. The applicant is also reserving the necessary
ITD right-of-way for the construction of a future McDermott Road overpass.
• "Support acquisition and development of new park land to meet the growing open space and
recreational needs of the community. "(2.01.04D)
The comprehensive plan designates a future park in both sections proposed for development.
In the Oaks South plat, the applicant is donating a 5.69 acres park to Western Ada
Recreation District (WARD). The Parks Department has agreed that this proposed park will
serve as the required neighborhood park in this section.
A f iture park site is also designated on the Oaks North property. The submitted plat depicts a
private 5.71 acre neighborhood park, as a private amenity. The applicant is not proposing to
dedicate any acreage for a future City park. The Parks Department is requesting the
applicant participate in the dedication of a neighborhood park as previously discussed,
consistent with the Comp Plan and Parks Action Plan.
• "Expand, improve, and maintain the City's infrastructure to meet existing and growing
demands in a timely, orderly, and logical manner." (3.04.00)
The applicant is dedicating a well lot and lift station lot to the City as part of the development
process. These lots will be developed with the necessary infrastructure to meet the existing
and growing demands in the area.
• "Improve and protect creeks (Five Mile, Eight Mile, Nine Mile, Ten Mile, South Slough, and
Jackson and Evans drainages) throughout commercial, industrial and residential areas."
(5.01.O1E)
The Five Mile Creek is proposed to be improved as an amenity with a 14 foot wide
pedestrian pathway.
• "Assess and provide new water sources." (5.08.02B)
The future City well will provide a much needed water source in this area of the City for
future residents.
• "Work with transportation agencies and private property owners to preserve transportation
corridors, future transit routes and infrastructure, road and highway extensions and to
facilitate access management planning." (3.O101J)
The applicant has been in communication with ITD regarding the preservation of the right-
of-way for the McDermott Road overpass and the future SH -16 extension. Per those
discussions, the applicant is platting two (2) common lots; Lot 2, Block 1 of Oaks North and
Lot 5, Block 16 of Oaks South for thefuture overpass construction.
For the above stated reasons, staff finds the proposed project is consistent with the goals and
objectives in the Comprehensive Plan.
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EXHIBIT A
VIII. UNIFIED DEVELOPMENT CODE (UDC)
A. Purpose Statement of the Zone(s):
COMMERCIAL DISTRICTS (L -O): - The purpose of the Commercial Districts is to provide for
the retail and service needs of the community in accord with the Meridian Comprehensive Plan.
Six districts are designated which differ in the size and scale of commercial structures
accommodated in the district, the scale and mix of allowed commercial uses, and the location of
the district in proximity to streets and highways.
RESIDENTIAL DISTRICTS (R-4, R-8 and R-15): - The purpose of the residential districts is to
provide for a range of housing opportunities consistent with the Meridian Comprehensive Plan.
Residential districts are distinguished by the allowable density of dwelling units per acre and
corresponding housing types that can be accommodated within the density range.
B. Schedule of Use: Table 11-213-2 lists the principal permitted (P), accessory (A), conditional (C),
and prohibited (-) uses in the L -O zoning district. Table 11-2A-2 lists the principal permitted (P),
accessory (A), conditional (C), and prohibited (-) uses in the R-4, R-8 and R-15 zoning districts.
Any use not explicitly listed, or listed as a prohibited use is prohibited.
C. Dimensional Standards: The lots in the proposed preliminary plats appear to conform to the
dimensional standards of the applicable districts. Development of the site shall comply with the
dimensional standards listed in UDC 11-213-3, UDC 11-2A-5, UDC 11-2A-6 and UDC 11-2A-7
for the L -O, R-4, R-8 and R-15 zoning districts.
D. Landscaping:
• Street buffer landscaping shall be installed in accordance with the standards listed in UDC
Tablesl 1-213-3, UDC 11-2A-5 and UDC 11-2A-6 and UDC 11 -3B -7C for the C -C, R-4 and
R-8 zoning districts.
• Parking lot landscaping: All parking lot landscaping shall comply with the standards listed in
UDC 11-311-8C.
• Landscape buffers to residential uses shall comply with the standards listed in UDC Table I I -
2B-3 and UDC 11-313-9C.
• The proposed micropaths and pathways shall comply with the design standards in accord with
UDC I1 -3A-8 and UDC 11-313-12.
• The parkways planned along the proposed local streets are required to comply with the design
standards outlined in UDC 11-3A-17 and UDC 11-313-7C.
• Per UDC 11-3G-3, both plats are required to provide 10 percent open space and one amenity
for every 20 acres of development area.
E. Subdivision Design and Improvement Standards: The subdivision must comply with the
subdivision design standards outlined in UDC 11-6C-3.
F. Off -Street Parking: Off-street parking is required in accord with UDC Table 11-3C-6 for single-
family dwellings and UDC 11 -3C -6B for the office lots.
IX. ANALYSIS
A. Analysis of Facts Leading to Staff Recommendation:
Development Agreement Modification (MDA)
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EXHIBIT A
At the time of annexation approval in 2008, specific development plans were not approved for the
subject properties, except for 30.72 acres which is now platted as the Oakcreek Subdivision. A
concept plan was approved that depicted multi -family development, single family residential lots,
open space, site amenities and conceptual home elevations.
Since 2008, the property owner has acquired additional acreage and is proposing to subdivide all
remaining acreage (approximately 388 acres). The design of the proposed subdivisions are
different from the approved concept plan and includes the additional acreage requested for
annexation. In order to move forward with the plats as designed, the applicant must amend the
recorded development agreement.
Because many of the DA provisions are tied to the 2008 submitted concept plan and actual
development plans are now proposed, staff is recommending replacing the existing Oakcreek DA
with a new DA relevant to the proposed Oaks North and Oaks South Subdivisions. (see Exhibit B
for the list of recommended DA provisions)
NOTE: The Oakcreek Subdivision is subject to terms ofthe existing, recorded DA. Because the
last phase is under construction and the plat is subject to comply with site speck conditions and
many ofthe DA provisions pertain to the concept plan, staff is amenable to omitting the Oakcreek
Subdivision from the provisions ofthe recorded DA.
Oaks North Subdivision
Rezone (RZ)
The applicant has applied to rezone approximately 298.33 acres from R-4, R-8 and R-15 zoning
districts to the R-4 (160.06 acres), R-8 (104.56 acres), R-15 (33.71 acres) zoning districts. At the
time the property was annexed in 2008, the zoning districts followed the boundaries of the
submitted concept plan. Now that specific development plans are proposed for the property, the
applicant is requesting the rezone to align the zoning boundaries with the proposed plat layout.
The requested zoning changes are consistent with the zoning districts approved with the
annexation of the property. The proposed zoning is also consistent with the corresponding FLUM
designations for this area.
Preliminary Plat (PP)
The applicant has applied to subdivide 653 single family lots, 3 multi -family lots, 40 common
lots and 1 other lot on approximately 252.12 acres in the proposed R-4, R-8 and R-15 zoning
districts. The minimum lot size proposed with the single family portion of the plat is 5,000 square
feet and the average lot size is 10,025 square feet. The three (3) multi -family lots range in size
from 2.69 acres up to13,88 acres.
The gross density for the proposed subdivision is 3.03 dwelling units to the acre. The applicant
has provided an anticipated density for the multi -family developments of 12.33 dwelling units to
the acre however; the gross density of the multi -family lots will be determined with the submittal
of a conditional use permit application. Since development is not proposed for the multi -family
lots, staff recommends a DA provision requiring the lots to development at a density range
between 8 to 15 dwelling units to the acre.
The proposed mini -storage lot is 7.83 acres. The applicant has communicated with the Idaho
Transportation Department (ITD) on the future right-of-way needed for the McDermott Road
overpass. Per those conversations, the applicant is proposing a common lot along the south
boundary of the mini -storage lot (Lot 2, Block 1) as a place holder until the overpass is
constructed. Once the common lot is platted, the applicant should deed the necessary property to
ITD.
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EXHIBIT A
The applicant should be advised that the proposed mini -storage is an accessory use in the R-15
district and must be for the benefit of the proposed residential developments; not operate as a
stand-alone commercial business. Development of this lot must not commence until the applicant
obtains certificate of zoning compliance and design review approval of the storage facility.
Dimensional Standards: All of the proposed lots must comply with the dimensional standards
established in the UDC I1 -2A-5, UDC 11-2A-6, and UDC 11-2A-7. The Oaks North plat
complies with the frontage requirements and minimum lot sizes of the UDC.
Phasing Plan: The applicant is proposing to develop the Oaks North in twenty-two (22)
development phases. Phases 1-10 are to commence off the main entrance to McMillan Road and
generally consume the east and central portion of the development. The later phases start along
the north boundary and transition to the west. In general staff is supportive of the proposed
phasing plan however, the applicant should be aware that any phase of the subdivision that
exceeds fifty (50) homes must provide secondary access per the Fire Department.
NOTE.- For phasing purposes, the plats will he viewed as one overall project. This is a
recommended provision in the DA.
Block Length: UDC 11-6C-3 regulates block lengths for residential subdivisions. Staff has
reviewed the submitted plat for conformance with these regulations. The intent of this section of
code is to ensure block lengths measure 750 feet with the allowance of an increase in block length
tol000 feet if a pedestrian connection is provided. The Council has the discretion to allow a block
length up to 1200 feet if the block is impacted by a large water way, limited access roadway,
and/or an arterial street.
A majority of the blocks fall within the stated parameters noted above however; there are a few
blocks that must be modified as follows:
1) Block 21 has a block length of 1,000 linear feet and does not meet the requirements for
Council to approve the extended block length as stated above. The applicant must provide an
intersecting street;
2) Block 11 and 22 have block lengths in excessive of 750 linear feet. The applicant must
provide a pedestrian connection in this block.
With the inclusion of the changes recommended by staff, the proposed plat would comply with
the subdivision design standards set forth in UDC 11-6C-3. Prior to the City Council hearing,
the applicant should revise plat with the aforementioned changes (see Exhibit A.2).
Street Network: With the development of the Oaks North, the applicant is proposing four (4)
stub streets to the north, two (2) stub streets to the south and one (1) stub to the west and three (3)
stub streets to the east for future connectivity. The proposed development also includes the
construction of multiple local streets to provide access and connectivity within the proposed
development. Staff is requesting additional street and pedestrian connectivity as noted above in
the Block Length section.
ACHD's Master Street Map (MSM) depicts a collector street at the mid -mile of W. McMillan
Road and an east -west collector street that connects to Black Cat in alignment with the collector
street approved with the Volterra Subdivision. The submitted plat depicts a collector street system
(N. Rustic Oak Way and W. Octavia Drive) that extends/stubs to the north boundary and the east
boundary consistent with the approved MSM. Staff has been working with the applicant and the
adjacent property owner to the east on the realignment of the collector street (W. Octava Drive)
stubbed at the east boundary. Per these discussions the applicant has agreed to shift the stub street
to the north to align with the collector street approved with the Volterra North Subdivision
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EXHIBIT A
located on the east side of Black Cat Road. Prior to City Council, the applicant should revise the
plat and show the realignment of W. Octavia Drive.
The submitted plat depicts a temporary access point to N. Black Cat Road with the development
of Lot 1, Block 33 (NEC of the development). The note on the plat states the temporary access
will be closed upon development of the parcel to the south. Since this lot is proposed to plat with
a later phase of development (Phase 21) and the applicant is coordinating with the adjacent
property owner for the realignment of the collector street, staff is supportive of the temporary
access until the parcel to the south develops. It is important to note that staff has discussed the
development of the adjacent parcels and anticipates the collector street being constructed prior to
Phase 21 of the final plat recording.
As mentioned below, the Parks Department is requesting the applicant dedicate a future park site
or a portion thereof towards a park. It was discussed the northeast corner of development (Lot 12,
Block 22 and Lot 1, Block 33) would be an ideal location location for the park site. Prior to City
Council the applicant should revise the plat to incorporate a neighborhood park in the northeast
quadrant of the development (see future park site analysis below). This may have a direct bearing
on the temporary access to N. Black Cat Road.
A pair of collector streets (W. Daphne Drive and N. Aldrich Way) are also proposed to funnel
traffic around the future HWY 16 overpass and provide connectivity to the north leg of
McDermott Road.
A traffic impact study has been accepted and reviewed by ACRD. However comments have not
yet been received from ACED on this application. ACHD has sent staff an email stated there
were no concerns with the plat layout. In general, City Staff is supportive of the street network
proposed with the submitted plat, but final review and approval comments are still needed from
ACHD.
Future Park Site: A future park site is designated on the Oaks North property. The submitted
plat depicts a private 5.71 acre neighborhood park, as a private amenity. The applicant is not
proposing to dedicate any acreage for a future City park. The Parks Department is requesting
the applicant participate in the dedication of a neighborhood park. A recommended
provision of the new DA requires the applicant dedicate acreage towards a neighborhood
park per the Parks Department. Staff advises the applicant coordinate with the Parks
Department on the location of the park site prior to the Commission hearing.
Multi -use Pathway: Per the Master Pathways Plan, the applicant is proposing to construct a 10 -
foot wide multi -use pathway on the east side of N. Rustic Oak Way and the south boundary of W.
Octavia Drive. Staff is supportive of these pathways.
Micropaths: The applicant is proposing multiple pedestrian connections throughout the
development. In reviewing the submitted plan all of the micropath lots and pedestrian connections
comply with the standards set forth in UDC 11-3A-8 and UDC 11-313-12.
Landscaping Requirements:
Open Space/Amenities: UDC 11-3G-3 requires a minimum of ten percent open space for all
residential developments exceeding five acres. The UDC also requires one additional site amenity
for each additional 20 acres of development area. Using this standard, the applicant is required to
provide a total of twelve (12) amenities for a development of this size (239 acres).
The applicant is proposing 27.03 acres of common open space with this development which
equals approximately 11.3% of the total development area. Qualifying open space includes, a
5.71 acre park, 50% of the arterial street buffers, collector street buffers, micropath lots, 8 -foot
parkways adjacent to the local streets and several pocket parks in various sizes.
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EXHIBIT A
The proposed amenities include the following:
1) pool
2) children's play structure
3) integrated pathway system
4) bocce ball court
5) extension of the Meridian Pathway system
6) covered picnic area and
7) picnic areas with barbeques in two (2) of the pocket parks.
Based on the analysis above, the applicant is deficient four (4) amenities. During the
Commission hearing the applicant shall clarify the four (4) other amenities proposed for the
Oaks North Subdivision.
Arterials: UDC 11-2A-5, UDC 11-2A-6, and UDC 11-2A-7 require a 25 -foot wide street buffer
along McMillan Road and Black Cat Road; McDermott Road is designated an entry way corridor
which requires a 35 -foot wide landscape buffer. On the submitted landscape plan, the applicant
complies with the aforementioned buffer widths along theses roadways. Said buffers shall be
constructed as proposed in accord with the standards outlined in UDC 1 -3A -7C.
The UDC requires all residential street buffers to be in common lots maintained by the
homeowners association. The submitted plat depicts the buffers as common lots as required.
Collector Streets: UDC I1 -2A-5, UDC 11-2A-6, and UDC 11-2A-7 require a 20 -foot wide street
buffer along N. Rustic Oak Way, W. Octavia Drive, N. Aldrich Way and a portion of W. Daphne
Way. On the submitted landscape plan, the applicant is proposing buffers that meet or exceed the
required 20 -foot width. Said buffers shall be constructed as proposed in accord with the standards
outlined in UDC 11 -3A -7C.
If the unimproved street right-of-way along McMillan, Black Cat, and McDermott is 10 feet or
greater from the edge of pavement to edge of sidewalk or property line, and the street widening
project is not in the transportation authority's five year funded plan, the developer is required to
maintain a 10 -foot wide compacted gravel shoulder meeting the construction standards of the
transportation authority and landscape the remainder with lawn or other vegetative ground cover
in accord with UDC 11-313-7C.5.
Fencing: No fencing is shown on the submitted plans; the applicant should clarify at the
public hearing if permanent perimeter fencing is proposed. A detailed fencing plan should be
submitted upon application for final plat approval. If permanent fencing is not provided before
issuance of a building permit, temporary construction fencing to contain debris must be installed
around the perimeter. Perimeter and common open space fencing must be designed as set forth in
UDC I1 -3A-7.
Irrigation Easements: A 30 -foot irrigation easement runs along the rear yards of Lots 8-10,
Block 30, Lots 8-I1, Block 27 and Lots 21-23, Block 21.
Because these are larger lots, staff is of the opinion the lots can accommodate the proposed
homes. However, the applicant must obtain a license agreement from the irrigation district to
develop the easement area with fencing and landscaping. If an access road across the buildable
lots in the form of a gravel road is required and a portion of the property cannot be customized by
the home owners, staff recommends the applicant place the easement in a common lot to be
maintained by the HOA.
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EXHIBIT A
Existing Trees: There are existing trees on the property that may need to be removed with the
development of the property. The applicant should protect all existing trees on the site that are
greater than four -inch caliper and/or mitigate for the loss of such trees as set forth in UDC 11-3B-
10, mitigation is required for all existing healthy trees 4 -inch caliper or greater that are removed
from the site with equal replacement of the total calipers lost on site up to an amount of 100%
replacement. With the submittal of the final plat the applicant should submit a revised
landscape plan that details the mitigation plan outlined by the developer and the City
Arborist.
Parkways: 8 -foot wide parkways are proposed adjacent to the internal local streets and several
center medians are proposed within W. Daphne Street and N. Rustic Oak Way. The parkways and
the center medians must comply with the standards set forth in UDC 11-3A-17 and UDC 11-313-
7C.
Sidewalks: Sidewalks are required along all public streets. 5 -foot wide detached sidewalks are
required adjacent to all of streets as proposed.
Ditches, Laterals, and Canals: The Creason Lateral and numerous small drains transverse this
property. Per UDC 11-3A-6, all irrigation ditches, laterals or canals, exclusive of natural
waterways and waterways being used as amenities, which intersect, cross or lie within the area
being subdivided should be covered.
Pressure Irrigation: The City of Meridian requires that pressurized irrigation systems be
supplied by a year-round source of water. The Applicant should be required to utilize any existing
surface or well water for the primary source. If a surface or well source is not available, a single -
point connection to the culinary water system shall be required. If a single -point connection is
utilized, the developer will be responsible for the payment of assessments for the common areas
prior to development plan. An underground, pressurized irrigation system should be installed to
all landscape areas per the approved specifications and in accordance with UDC 11-3A-15 and
MCC 9-1-28.
Existing Structures: The subject property is currently being framed and numerous homes and
outbuildings are being rented as part of the fanning operations. The submitted Oaks North plat
indicates the existing structures will be removed upon development of the site. Staff is amenable
to the existing structures remaining as long as the property is being farmed. Once the applicant
submits a final plat that contains the boundary of any of the existing structures, the applicant must
remove the structures prior to City Engineer's signature on a final plat.
Building Elevations: The applicant has submitted conceptual building elevations for the future
homes in this development, included in Exhibit AA. These elevations depict a variety of styles
and building materials and are consistent with existing homes constructed in the Oakcreek
Subdivision. Elevations have not been submitted for the multi -family area. A recommended
provision of the DA requires compliance with the submitted elevations.
Oaks South Subdivision
Annexation (AZ)
The applicant is requesting to annex approximately103.04 acres from the RUT zoning district in
Ada County to the R-4 (Medium -low Density Residential) and R-8 (Medium Density Residential)
zoning districts. The annexation legal description and exhibit map submitted by the applicant,
included in Exhibit C, shows the boundary of the property proposed to be annexed and zoned
contiguous to the existing boundary of the City of Meridian and within the approved Area of City
Impact boundary.
Rezone (RZ)
Oaks North and South Subdivisions—AZ-13-008; RZ-13.008; PP -13-013; PP -13-014 and MDA -13-015
PAGE 14
EXHIBIT A
The applicant has applied to rezone approximately 33.08 acres from the R-8 (Medium Density
Residential) and R-15 (Medium-high Density Residential) zoning districts to the R-4 (Medium -
low Density Residential) (1.77 acres), R-8 (Medium Density Residential) (7.43 acres), R-15
(Medium-high Density Residential) (18.34 acres) and L -O (Limited Office) (5.54 acres) zoning
districts. The rezone is requested so the zoning boundaries correspond with the submitted plat.
The requested zoning changes are generally consistent with the zoning districts approved with the
annexation of the property except for requested L -O zone. As discussed above in Section VII, the
proposed zoning is consistent with the corresponding FLUM designations of MDR and Office for
this area.
Preliminary Plat (PP)
The applicant has applied to subdivide 310 single family lots, 1 multi -family lot, 6 office lots, 1
park lot, 2 other lots and 33 common lots on approximately 135.93 acres in the proposed R-4, R-
8, R-15 and L -O zoning districts. The minimum lot size proposed with the single family portion
of the plat is 6,600 square feet and the average lot size is 9,365 square feet. The one (1) multi-
family lot consists of 13.43 acres.
The gross density for the residential portion of the subdivision is 2.95 dwelling units to the acre.
The applicant has also provided an anticipated density for the multi -family developments of 13.21
dwelling units to the acre however; the gross density of the multi -family lots will be determined
with the submittal of a conditional use permit application. Staff is recommending a provision in
the new DA requiring a density range between 8 to 15 units to acre.
The proposed office lots range in size between 20,120 square feet and 64,693 square feet. Lot 1,
Block 16 is being reserved for a future fire station. Additional lots being dedicated to the City will
be a well lot (Lot 23, Block 10) and a lift station lot (Lot 29, Block 10). A provision of the new
DA for this property requires the applicant dedicate these lots to the City. If the applicant wishes
to deed the property to the City prior to recording the final plat, the applicant can process a
property boundary adjustment (PBA) with the City once the property is official annexed.
The applicant is proposing to plat a future park lot (Lot 4, Block 16) to be developed as a Western
Ada Recreation District (WARD) park. The future park will serve as the park site as
contemplated with the comprehensive plan. Further, the applicant has been communicated with
the Idaho Transportation Department (ITD) on the future right-of-way needed for the McDermott
Road overpass and the SH -16 Expressway. Per those conversations, the applicant is proposing a
common lot along the north boundary of the future park as place holder until the overpass is
constructed. In the interim the common lot will be landscaped and improved as part of the park.
Once the common lot is platted, the applicant should deed the necessary right-of-way to ITD.
Dimensional Standards: All of the proposed lots must comply with the dimensional standards
established in the UDC I1 -2A-5, UDC 11-2A-6, and UDC 11-2A-7. The residential portion of
the Oaks South plat complies with the frontage requirements and minimum lot sizes of the UDC.
The office (L -O) portion of the development does not have dimensional standards. However, the
landscape buffers for the office lots may either be a common lot or a permanent dedicated
landscape easement. The submitted plat does not depict the required 20 -foot wide permanent
landscape buffer easement adjacent to N. Aldrich or the north side of Lots 2 and 3, Block 16
adjacent to W. Quintale Drive. With the submittal of a final plat, the 20 -foot wide landscape
street buffer easement/lot must be depicted along the office lots.
Block Length: UDC 11-6C-3 regulates the block lengths for residential subdivisions. Staff has
reviewed the submitted plat for conformance with these regulations. The intent of this section of
code is to ensure block lengths measure 750 feet with the allowance of an increase in block length
to1000 feet if a pedestrian connection is provided. A majority of the blocks fall within the stated
Oaks North and South Subdivisions—AZ-13-008; RZ-13-008; PP -13.013; PP -13.014 and MDA -13-015
PAGE 15
EXHIBIT A
parameters however; there is a block face (Block 4) that does not comply with these standards
(the block is approximately 970 feet long). In order to comply with City ordinance, the
applicant must provide a pedestrian connection through Block 4 in accord with UDC 11-
3A-8. With the inclusion of the pedestrian connection, staff finds the proposed plat complies with
the subdivision design standards set forth in UDC I1 -6C-3.
Phasing Plan: With the development of the Oaks South, the applicant is proposing nine (9)
development phases. The first phase will commence at the main entrance off of W. McMillan
Road and transition to the east. The reminder of the phases will transition to the northwest
quadrant and end at the southwest corner of the development. With the first phase of development
the applicant is proposing to install the pool complex (Lot 1, Block 4). In general staff is
supportive of the phasing plan, however; the applicant must coordinate with Public Works
Department and the Fire Department regarding the timing for deeding and building the lift station
lot, the well lot and the fire station lot since the platting of these lots occurs in later phases.
Street Network: ACHD's Master Street Map depicts a collector street at the mid -mile of W.
McMillan Road. The submitted plat depicts a collector street (N. Rustic Oak Way) at the mid -
mile and extends/stubs at the south boundary (N. Fawnridge Way) consistent with the approved
map. A second collector street system (W. Quintale Drive and N. Aldrich Way) is proposed to the
west to funnel traffic around the future HWY 16 overpass and provides connectivity to the south
leg of McDermott Road. Two stub streets along the east boundary will be extended and multiple
local streets will be constructed to provide access and connectivity within the proposed
development.
A traffic impact study has been accepted and reviewed by ACRD; however comments have not
yet been received from ACHD on this application. ACHD has sent staff an email stated there
were no concerns with the plat layout. In general City Staff is supportive of the street network
prosed with the submitted plat. However, final comments and conditions are still needed from
ACHD.
Cross -access: With the exception of the fire station lot, the proposed office lots front on a
collector street and access points are not depicted. The fire station lot shows an access to W.
McMillan Road and N. Aldrich Avenue which requires a Council waiver for the proposed access
points. Since cross -access in not proposed for the remainder of the office lots, the applicant must
request a Council waiver for the office lots to take access from the collector street in accord with
UDC 11-3A-3. Staff recommends the applicant provide cross access between the proposed office
lots so the number of curb cuts are limited to the proposed collector streets.
Multi -use Pathway: Per the Master Pathways Plan, the applicant is proposing to construct a 14 -
foot vehicle rated multi -use pathway on the north side of the Five Mile Creek and construct a 10 -
foot wide multi -use pathway on the east side of N. Fawnridge Way and N. Rustic Oak Way (see
exhibit A.4). Staff is supportive of the proposed pathway network.
Micropaths: The applicant is proposing multiple pedestrian connections throughout the
development. In reviewing the submitted plan all of the micropath lots and pedestrian connections
comply with the standards set forth in UDC 11-3A-8 and UDC 11-3B-12.
Landscaping Requirements
Open Space/Amenities: UDC I1 -3G-3 requires a minimum of ten percent open space for all
residential developments exceeding five acres. The UDC also requires one additional site amenity
for each additional 20 acres of development area. Using this standard, the applicant is required to
provide a total of six (6) amenities for a development of this size (121 single family acres).
The applicant is proposing 20.29 acres of common open space with this development which
Oaks North and South Subdivisions— AZ -13-008; RZ-13-008; PP -13-013; PP -13-014 and MDA -13-015
PAGE 16
EXHIBIT A
equals approximately 15.15% of the total development area. Qualifying open space includes, the
linear open space adjacent to the Five Mile Creek, 50% of the arterial street buffers, collector
street buffers, micropath lots, 8 -foot parkways adjacent to the local streets and three (3) pocket
parks in various sizes.
The proposed amenities include the following:
1) pool
2) children's play structure
3) integrated pathway system
4) extension of the Meridian Pathway system
5) (2) covered picnic areas and
6) 5% additional open space
Based on the analysis above, staff finds the proposed subdivision complies with the open space
and site amenity requirements in the UDC.
Arterials: UDC 11-2A-5, UDC 11-2A-6, and UDC I1 -2A-7 require a 25 -foot wide street buffer
along McMillan Road and Black Cat Road; McDermott Road is designated an entry way corridor
which requires a 35 -foot wide landscape buffer. Staff is amenable to the lift station lot
encroaching into the required landscape buffer along McDermott Road because it may not be
designated as an entryway corridor in the future with the development of HWY 16. The buffers
shall be constructed as proposed in accord with the standards outlined in UDCI 1 -3A -7C.
The UDC requires all residential street buffers to be in common lots maintained by the
homeowners association. The submitted plat depicts the buffers on common lots as required.
Collector Streets: UDC 11-2A-5, UDC 11-2A-6, UDC 11-2A-7 and UDC 11-2B-3 requires a 20 -
foot wide street buffer along N. Rustic Oak Way, W. Quintale Drive, N. Aldrich Way and N.
Fawnridge Way. On the submitted landscape plan, the applicant is proposing buffers that meet or
exceed the required 20 -foot width. Said buffers shall be constructed as proposed in accord with
the standards outlined in UDC 1 -3A -7C.
If the unimproved street right-of-way along McMillan and McDermott is 10 feet or greater from
the edge of pavement to edge of sidewalk or property line, and the street widening project is not
in the transportation authority's five year funded plan, the developer is required to maintain a 10 -
foot wide compacted gravel shoulder meeting the construction standards of the transportation
authority and landscape the remainder with lawn or other vegetative ground cover in accord with
UDC I1 -313-7C.5.
Land Use Buffers: UDC 11-3B-9 requires landscape buffers between different land use types. Per
UDC 11-2B-3, a 20 -foot wide landscape buffer is required between single-family homes and L -O
zoned property. The landscape buffer must be designed and constructed in accord with UDC 1I -
3B -9C.
Fencing: No fencing is shown on the submitted plans; the applicant should clarify at the
public hearing if any perimeter fencing is proposed. A detailed fencing plan should be
submitted upon application for final plat approval. if permanent fencing is not provided before
issuance of a building permit, temporary construction fencing to contain debris must be installed
around the perimeter. Perimeter and common open space fencing must be designed as set forth in
UDC 11-3A-7.
Existing Trees: There are existing trees on the property that may need to be removed with the
development of the property. The applicant should protect all existing trees on the site that are
Oaks North and South Subdivisions- AZ -13-008;122-13-008; PP -13-013; PP -13-014 and MDA -13-015
PAGE 17
EXHIBIT A
greater than four -inch caliper and/or mitigate for the loss of such trees asset forth in UDC 11-313-
10, mitigation is required for all existing healthy trees 4 -inch caliper or greater that are removed
from the site with equal replacement of the total calipers lost on site up to an amount of 100%
replacement. With the submittal of the final plat the applicant should submit a revised landscape
plan that details the mitigation plan outlined by the developer and the City Arborist.
Parkways: 8 -foot wide parkways are proposed adjacent to the internal local streets and several
center medians are proposed within W. Quintale Street and N. Rustic Oak Way. The parkways
and the center medians must comply with the standards set forth in UDC I1 -3A-17 and UDC 1 I -
3B -7C.
Sidewalks: Sidewalks are required along all public streets. 5 -foot wide detached sidewalks are
required adjacent to all of streets as proposed.
Ditches, Laterals, and Canals: The Five Mile Creek and the Lemp Canal transverse this
property. Per UDC 11-3A-6, all irrigation ditches, laterals or canals, exclusive of natural
waterways and waterways being used as amenities, which intersect, cross or lie within the area
being subdivided shall be covered. The five Mile Creek is a protected waterway and is proposed
to remain open with the subject application. Additionally, the applicant is seeking a waiver
from Council to allow the Lemp Canal to remain open due to the Settler's Irrigation
District requiring a 72" pipe to enclose the canal. Staff is supportive of both the Five Mile
Creek and Lemp Canal remaining open.
Pressure Irrigation: The City of Meridian requires that pressurized irrigation systems be
supplied by a year-round source of water. The Applicant should be required to utilize any existing
surface or well water for the primary source. If a surface or well source is not available, a single -
point connection to the culinary water system shall be required. If a single -point connection is
utilized, the developer will be responsible for the payment of assessments for the common areas
prior to development plan approval. An underground, pressurized irrigation system should be
installed to all landscape areas per the approved specifications and in accordance with UDC 11-
3A-15 and MCC 9-1-28.
Existing Structures: The submitted plat depicts an existing home and several outbuildings that
will remain with the development of the Oaks South Subdivision (Lot 4, Block 1). The home lot
is part of the first phase boundary and must connect to city services and the existing well and
septic system must be abandoned. The existing access to McMillan Road must be abandoned and
internal access must be provided from W. Los Flores Drive in accord with UDC I1 -3A-3. A note
on the face of the final plat, prohibiting direct lot access to McMillan Road is needed.
Building Elevations: The applicant has submitted conceptual building elevations for the future
homes in this development, included in Exhibit A.4. These elevations depict a variety of styles
and building materials and are consistent with existing homes constructed in the Oakcreek
Subdivision. Elevations for the multi -family lot and office lots have not been submitted.
Elevations for the office and multi -family buildings will be reviewed as part of the CUP process
and /or CZC and DES approval in the future. A recommended provision of the DA requires
compliance with the submitted single-family elevations.
In summary, Staff recommends approval of the proposed application request with the
recommended conditions listed in Exhibit B of this report in accord with the findings contained in
Exhibit D.
X. EXHIBITS
A. Drawings/Other
1. Vicinity Map
Oaks North and South Subdivisions — AZ -13-008; RZ-13-008; PP -13-013; PP -13-014 and MDA -13-015
PAGE 18
EXHIBIT A
2. Proposed Preliminary Plats (dated: 7/10/13 and 08/06/13)
3. Proposed Landscape Plans (dated: 5/31/13)
4. Proposed Pathway Plan (dated: 10/08/13)
4. Proposed Building Elevations
B. Conditions of Approval
C. Legal Descriptions and Exhibit Maps for Annexation and Rezone
D. Required Findings from Unified Development Code
Oaks North and South Subdivisions— AZ -13-008; RZ-13-008; PP -13-013; PP -13-014 and MDA -13-015
PAGE 19
EXHIBIT A
A. Drawings
I. Vicinity Map
Oaks Nosh and South Subdivisions— AZ -13-008; RZ-13-008; PP -13.013; PP -13-014 and MDA -13.015
PAGE 17
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Oaks Nosh and South Subdivisions— AZ -13-008; RZ-13-008; PP -13.013; PP -13-014 and MDA -13.015
PAGE 17
EXHIBIT A
2. Proposed Preliminary Plats REVISED (dated: '1„ 19,113 and 08/06/13)
Oaks North and South Subdivisions — AZ -13-008; RZ-13.008; PP -13.013; PP -13.014 and MDA -13-015
PAGE 18
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Oaks North and South Subdivisions — AZ -13-008; RZ-13.008; PP -13.013; PP -13.014 and MDA -13-015
PAGE 18
EXHIBIT A
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Oaks North and South Subdivisions — AZ -13-008; RZ-13-008; PP -13-013; PP -13-014 and MDA -13-015
PAGE 19
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EXHIBIT A
3. Proposed Landscape Plans (dated: 5/31/13)
THE OAKS NORTH SUBDIVISION
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Oaks Norlh and South Subdivisions — AZ -13-008; RZ-13.008; PP -13-013; PP -13-014 and MDA -13-015
PAGE 20
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Oaks Norlh and South Subdivisions — AZ -13-008; RZ-13.008; PP -13-013; PP -13-014 and MDA -13-015
PAGE 20
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Oaks North and South Subdivisions—AZ-13-008; R7.-13.008; PP -13-013; PP -13-014 and MDA -13-015
PAGE 21
5. Proposed Home Elevations
The Andrew
The Barrett
The Chapman
The Emerson
The Gilbert
Oaks North and South Subdivisions—AZ-13.008; RZ-13-008; PP -13-013; PP -13-014 mid MDA -13-015
PAGE 22
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EXHIBIT B — CONDITONS OFAPPROVAL
1. PLANNING DEPARTMENT
1.1 Annexation and Rezone Comments
1.1.1 A new development agreement (DA) replacing existing DA # 1090009629 is required as a
provision of annexation and rezoning of these properties. Prior to the annexation and rezone
ordinance approval, a new DA shall be entered into between the City of Meridian, the property
owner(s) at the time of annexation and rezone ordinance adoption and the developer. Signature
of the DA is required prior to submitting any final plat for review and approval. The
applicant shall contact the City Attorney's Office to initiate this process. The DA shall be signed
by the property owner and returned to the City within two (2) years of the City Council granting
annexation and rezone approval. The DA shall, at minimum, incorporate the following
provisions:
A. The applicant shall comply with the submitted home elevations attached in Exhibit A.5, mdthh
materials and architectural features to be the same or higher quality as in the elevations
B. Future development of the office lots shall comply with the design standards listed in UDC 1I -
3A -19 and the guidelines contained in the Meridian Design Manual. Development of these lots
shall not commence until the applicant obtains certificate of zoning compliance and design
review approval.
C. The applicant shall dedicate the r-^ stet'^^the well lot (Lot 23, Block
10) and the lift station lot (Lot 29, Block 10) of Oaks South Subdivision to the City as
proposed. The applicant shall coordinate with the City on the ac uisition of the fire station lot
(Lot 1 Block 16 of Oaks South Subdivision) If the acquisition is mutually agreed upon by the
applicant and the City, the future fire station lot is entitled to impact fee credits as allowed by
law.
D. Development of the multi -family lots requires conditional use permit approval. The density
range in these areas shall be 8 to 15 dwelling units to the acre.
E. If mutually agreed upon by the apnlicant and WARD, the applicant shall dedicate Lot 4, Block
16 of Oaks South Subdivision to Western Ada Recreation District (WARD) for a
neighborhood park as proposed. If an agreement cannot be reached between the two parties.
the applicant shall coordinate with the Parks Department on the dedication of the lot as a City
neighborhood nark
F. For phasing purposes, the Oaks North and Oaks South plats shall be reviewed as one project
and both plats will remain valid as successive phases receive City Engineer's signature. As
long as the submittal and recordation of a final plat in one plat is completed in the timeline
outlined in UDC I 1-6B-7, the entire project remains valid and does not expire.
G. The applicant shall be responsible for all costs associated with design and construction of the
required interim lift station and pressure sewer line. The stations design and capacity shall be
coordinated with the Public Works Department; the design shall include communication
capabilities that are consistent with the City of Meridian's SCADA system. At completion of
construction, the station will be donated to the City of Meridian who will own and maintain
the lift station. The completion and acceptance of the lift station will be at the sole discretion
of the Meridian Public Works Director. The approval to except discharge must be approved by
the Meridian Public Works Director. Any potential upgrades to the interim lift station from
other surrounding parcels will be reviewed by the Meridian Public Works Department.
Approved upgrades to the purposed station will be fully funded by the requestor, and will be
subject as reimbursement fees to the applicant.
Oaks North and South Subdivisions— AZ -13-008; RZ-13-008; PP -13-013; PP -13-014 and MDA -13.015
PAGE24
H. Water service to this site is being proposed via extension of mains in N Black Cat Road,
McDermott Road, and McMillan Road. The applicant shall be responsible for the installation
of water mains to and through this development per the City of Meridian's water master plan.
Due to fire flow requirements the applicant will need to construct a 12 -inch diameter main
from the intersection of N Black Cat Road and McMillan Road heading east to the existing 12 -
inch diameter main near the Ten Mile & McMillan intersection. This connection will need to
be installed with phase one of the applicant's plan, and may be eligible for partial
reimbursement. If the 12 -inch water main from Ten Mile & McMillan is installed by another
developer prior to phase one construction, the applicant will not be responsible to participate
in construction of the required main extension.
I. The proposed outdoor storage is an accessory use in the R-15 district for the benefit of the
proposed residential developments and shall not operate as a stand-alone commercial business.
Development of this lot shall not commence until the applicant obtains certificate of zoning
compliance and design review approval of the storage facility.
J. Lot 2, Block 1 of the Oaks North Subdivision and Lot 5, Block 16 of the Oaks South
Subdivision shall be deeded—preserved for future richt-of-way acauisition by ITD for the
construction of the McDermott Road overpass.
,K- in nnn...danen with 4l-.. City's n,......«-sl.,...s:..e Plan s fleiPlIb....6884 l.:s 4nn:n«n4n,1
e 4,...nda-.:ns of this devels«...snt The assheant shall addFess Als l iw's ,.nn..:- n«4 nn
4L....n. n\ AnAasas s mi iji....... a f s .l arfe BaFk site witiji« 4i.n AppFssfit's Js-sl,.««.n«4
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K. The applicant shall comply with all City ordinances in effect at the time of final plat submittal.
L.The applicant shall provide a method for notifying home owners of the future multi -family
developments proposed with the Oaks North and Oaks South developments. as determined by
the Planning Division Manager.
M. With the first phase of development of the Oaks South Subdivision, the applicant shall
develop the pool complex on Lot 1, Block 4. as proposed With the second Whose of
development of the Oaks North Subdivision, the annlicant shall develop the Hoot complex and
the 5.71 acre neighborhood nark on Lot 6. Block 12, as pro o1I
N. A cross -access easement shall be recorded for the office lots within the Oaks South
Subdivision in accord with UDC 11-3A-3.
1.2 Oaks North Preliminary Plat - Site Specific Conditions of Approval
1.2.1 The preliminary plat shall be revised as follows:
a. Revise Blocks 11, 21 and 22 to comply with the minimum block length requirements in
accord with UDC 11 -6C -3F and as depicted in Exhibit A.2.
b. Prior to City Engineer's signature on a final plat, the applicant shall:
1. Obtain a license agreement from the irrigation district to develop the easement
area on Lots 8-10, Block 30, Lots 8-11, Block 27 and Lots 21-23, Block 21with
fencing and landscaping.
2. If irrigation district/lateral association requires access across the buildable lots in
the form of a gravel road and/or a portion of the property cannot be customized
by the home owners, the applicant shall place the easements in a common area to
be owned and maintained by the HOA.
Oaks North and South Subdivisions— AZ -13-008; RZ-13-008; PP -13-013; PP -13-014 and MDA -13-015
PAGE 25
Prior to the City Council meeting, the applicant shall submit a revised preliminary plat that
includes the revisions noted above in 1.2.1a.
1.2.2 The landscape plan attached in Exhibit A.3 is approved as follows:
a. The applicant shall substantially comply with the pathway plan attached in Exhibit A.4. All
pathways shall be constructed as proposed and in accord with UDC 11 3A-8 and UDC 1I -
3B -12.
b. The applicant shall substantial comply with the submitted landscape attached as Exhibit A.S.
c. All fencing shall be installed in accordance with UDC 11-3A-7. Per UDC 11-3A-7A7a, the
applicant is responsible for fencing micropaths and pathway lots to distinguish the common
areas from the private areas. Where the buildable lots abut internal common lots fencing must
either be 4 -foot solid or 6 -foot open vision. A detailed fencing plan must be submitted with
each final plat application. The applicant shall clarify at the public hearing if permanent
perimeter fencing is proposed. At the public hearing, the applicant testified fencing
details would be submitted with each final plat application.
d. If the unimproved street right-of-way along Black Cat, McDermott and McMillan Roads is
10 feet or greater from the edge of pavement to edge of sidewalk or property line, and street
widening project is not in the transportation authority's five year funded plan, the developer
is required to maintain a I0 -foot wide compacted gravel shoulder meeting the construction
standards of the transportation authority and landscape the remainder with lawn or other
vegetative ground cover in accord with UDC 11-313-7C.S.
e. Per UDC 11-313-10, the applicant shall work with the City Arborist, Elroy Huff, on
designing, adopting, and implementing a protection and mitigation plan for the existing trees
on site.
f. The applicant shall comply with proposed open space and site amenities represented on the
submitted landscape plan. During the Commission hearing the applicant shall clarify the four
(4) other amenities proposed for the Oaks North Subdivision. Details of the proposed
amenities shall be provided during the public hearing. At the public hearing the applicant
testified additional amenities include additional sitting areas, snort courts, tot lots and
pathway signtaage. Installation of the amenities will be consistent with the submitted phasing
plan.
g. Provide the landscaped the center medians as proposed and enter into a license agreement
with ACHD.
It. All pathway common lots and micropath lots shall be constructed in accord with the
standards set forth in UDC 11 -3A-8 and UDC 11-3B-12.
i. The pond proposed within Lot 6, Block 12 must comply with the standards set forth in UDC
11 -3G -3B.8.
j. Install the landscape buffers adjacent the collectors and arterials streets as proposed.
1.2.3 Submit a public use easement to the Planning Division for the multi -use pathway adjacent to E.
N. Rustic Oak Way and W. Octavia Drive prior to City's Engineers signature on the final plat.
1.2.4 The applicant shall pipe or otherwise cover all irrigation ditches, laterals or canals, intersecting,
crossing or lying within the area being developed in accord with UDC 11 -3A -6A, unless left open
as a water amenity or linear open space in accord with UDC I 1 -3A -6A.2.
1.2.5 Provide the stub streets and internal street network as proposed on the plat and as noted above in
condition 1.2.1 a, Prior to n....«Gil .....,:..... Of th,..,..biAQt 1914 The applicant shall work with the
Oaks North and South Subdivisions— AZ -13-008; RZ-13-008; PP -13-013; PP -13-014 and MDA -13-015
PAGE 26
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F The development is allowed one temporary street access to Black Cat Road (northeast
corner of the development as depicted on the plat), which will be closed once a collector street is
constructed through one or both adjacent parcels (SO428I43000 & SO428410000).
1.2.6 Comply with all ACHD conditions of approval.
1.2.7 The existing structures can remain on the property as long as the property is being farmed. Once
the applicant submits a final plat that contains the boundary of any of the existing structures, the
applicant must remove the structures and abandon any existing wells and septic systems prior to
City Engineer's signature on a final plat.
�eremr.�sw.ernr.Tes!�sc _ _
1.3 Oaks South Preliminary Plat - Site Specific Conditions of Approval
1.3.1 The preliminary plat shall be revised as follows:
a. The applicant must provide a pedestrian connection for Block 4 to comply with the minimum
block length requirements listed in UDC I1 -6C -3F.
1.3.2 The landscape plan attached in Exhibit A.3 is approved as follows:
a. The applicant shall substantially comply with the pathway plan attached in Exhibit A.4.
b. All fencing shall be installed in accordance with UDC 11-3A-7. Per UDC 11-3A-7A7a, the
applicant is responsible for fencing micropaths and pathway lots to distinguish the common
areas from the private areas. Where the buildable lots abut internal common lots fencing must
either be 4 -foot solid or 6 -foot open vision. A detailed fencing plan must be submitted with
each final plat application. The applicant shall clarify at the public hearing if permanent
perimeter fencing is proposed. At the public hearing, the applicant testified fencing
details would be submitted with each final plat application.
c. If the unimproved street right-of-way along McDermott and McMillan Roads is 10 feet or
greater from the edge of pavement to edge of sidewalk or property line, and street widening
project is not in the transportation authority's five year funded plan, the developer is required
to maintain a 10 -foot wide compacted gravel shoulder meeting the construction standards of
the transportation authority and landscape the remainder with lawn or other vegetative ground
cover in accord with UDC 11-313-7C.5.
d. Per UDC 11-3B-10, the applicant shall work with the City Arborist, Elroy Huff, on
designing, adopting, and implementing a protection and mitigation plan for the existing trees
on site.
e. The applicant shall comply with proposed open space and site amenities represented on the
submitted landscape plan attached in Exhibit A3. With the first phase of development, the
applicant shall develop the pool complex on Lot 1, Block 4, as proposed. Prior to developing
the lot, the applicant shall obtain approval of a certificate of zoning compliance and
administrative design review application.
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PAGE 27
f Provide the landscaped the center medians as proposed and enter into a license agreement
with ACHD.
g. All pathway common lots and micropath lots shall be constructed in accord with the
standards set forth in UDC 11-3A-8 and UDC 11-3B-12.
h. Install the landscape buffers adjacent the collectors and arterials streets as proposed.
i. The pond proposed within Lot 4, Block 5 must comply with the standards set forth in UDC
11 -3G -3G -3B.8.
1.3.3 Submit a public use easement to the Planning Division for the multi -use pathway adjacent to the
Five Mile Creek, N. Rustic Oak Way and N. Fawnridge Way prior to City's Engineer signature
on the final plat.
1.3.4 Per UDC 11-3A-6 all irrigation ditches, laterals or canals, but exclusive of any natural waterway
(excluding the Lemp Canal and the Five Mile Creek), that intersect, cross or lie within the area
being subdivided shall be covered. Plans will need to 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 prior to construction plan approval. If
lateral users association approval cannot be obtained, alternate plans will be reviewed and
approved by the City Engineer.
1.3.5 A cross -access easement shall be recorded for the office lots within the subdivision. This
agreement shall be recorded and a copy of said agreement submitted to the City prior to the City
Engineer's signature on the final plat OR a note shall be added to the face of the final plat
granting the cross access. If cross access is not proposed for the office lots, the applicant shall
request a Council waiver for the access to the adjacent collector streets and the access point to
McMillan depicted with the fire station lot in accord with UDC 11-3A-3. The applicant testified
that cross access would be provided with the development of the office lots.
1.3.6 The applicant shall comply with all ACRD conditions of approval.
1.3.7 Provide the stub streets and internal street network as proposed on the plat.
1.3.8 Th ......1.m Wed plat depict....« ..Msti..•.1...«.,. ..«a ...........d ,.«thmil d:nps tigRt will «..«...:« ..ad. tl...
ilp,yAlsigmp'lit a f'b , Oaks Smith 9mbd:.4.,ien (Lot n Bleek 1) Thp ,...:.,t:«,. 1.A«-.. «...... ,,,.««....t tB
well..«a ....«N.. ....,.t,.«. «...•.t h...,i...«a,.«,.d T6 ..............
1.3.9 Potions of the proposed development lie within the Meridian Floodplain Overlay District.
Specifically, three parcels along the south frontage of McMillan Rd (APN#'s:SO433120750,
SO433212400, SO433223000). A floodplain development permit application is required to be
submitted, reviewed and approved by the City prior to development within the Floodplain
Overlay District per MCC section 10-6. The application shall include hydraulic and hydrologic
analysis including establishment of base flood elevation (BFE) and local floodway. Please contact
David Miles, City of Meridian Floodplain Administrator at 898-5500.
1.4 Oaks North and Oaks South General Conditions of Approval
1.4.1 Comply with all bulk, use, and development standards of the R-4, R-8, R-15 and L -O zoning
districts listed in UDC 11-2A-5, UDC 11-2A-6, UDC 11-2A-7 and UDC 11-2B-3.
1.4.2 Comply with all provisions of 11-3A-3 with regard to access to streets. Direct lot access to
McDermott, McMillan and Black Cat is prohibited.
1.4.3 Construct on -street bikeways on all collector streets as set forth in UDC 11-3A-5.
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PAGE28
1.4.4 Comply with the provisions for irrigation ditches, laterals, canals and/or drainage courses, as set
forth in UDC 11-3A-6.
1.4.5 Provide a pressurized irrigation system consistent with the standards as set forth in UDC 11-3A-
15, UDC 11-3B-6 and MCC 9-1-28.
1.4.6 Comply with the sidewalk standards as set forth in UDC 11-3A-17.
1.4.7 Install all utilities consistent with the standards as set forth in UDC 11-3A-21 and 11-313-5J.
1.4.8 Construct all off-street parking areas consistent with the standards as set forth in UDC 11 -3C-6
for single-family dwellings.
1.4.9 Construct the required landscape buffers consistent with the standards as set forth in UDC 11 -3B -
7C.
1.4.10 Construct storm water integration facilities that meet the standards as set forth in UDC 11 -3B -
11C.
1.4.11 Construct all parkways consistent with the standards as set forth in UDC 11 -3A -17E, 11-3G-3135
and I1 -313-7C.
1.4.12 Comply with all subdivision design and improvement standards as set forth in UDC 11-6C-3,
including but not limited to cul-de-sacs, alleys, driveways, common driveways, easements,
blocks, street buffers, and mailbox placement.
1.4.13 Comply with all provisions of UDC 11-3A-3 with regard to maintaining the clear vision triangle.
1.5 Ongoing Conditions of Approval
1.5.1 The applicant and/or assigns shall have the continuing obligation to provide irrigation that meets
the standards as set forth in UDC 11-3B-6 and to install and maintain all landscaping as set forth
in UDC 11-3B-5, UDC 11-311-13 and UDC 11-313-14.
1.5.2 All common open space and site amenities shall be maintained by an owner's association as set
forth in UDC 11 -3G -3F1.
1.5.3 The project is subject to all current City of Meridian ordinances. Staffs failure to cite specific
ordinance provisions does not relieve the applicant of responsibility for compliance.
1.5.4 The applicant and/or property owner shall have an ongoing obligation to prune all trees to a
minimum height of six feet above the ground or sidewalk surface to afford greater visibility of the
area.
1.5.5 The applicant shall have an ongoing obligation to maintain all micro -pathways.
1.5.6 The applicant has a continuing obligation to comply with the outdoor lighting provisions as set
forth in UDC 11-3A-11.
1.5.7 The applicant and/or property owner shall have an ongoing obligation to maintain all landscaping
and constructed features within the clear vision triangle consistent with the standards in UDC 1I -
3A -3.
1.6 Process Conditions of Approval
1.6.1 No signs are approved with this application. Prior to installing any signs on the property, the
applicant shall submit a sign permit application consistent with the standards in UDC Chapter 3
Article D and receive approval for such signs.
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1.6.2 The applicant shall complete all improvements related to public life, safety, and health as set forth
in UDC 11-5C-3B. A surety agreement may be accepted for other improvements in accord with
UDC 11-5C-3C.
1.6.3 The final plat, and any phase thereof, shall substantially comply with the approved preliminary
plats asset forth in UDC 1 I-6B-3C2.
1.6.4 The preliminary plat approval shall be null and void if the applicant fails to either 1) obtain the
City Engineer signature on a final plat within two years or 2) gain approval of a time extension as
set forth in UDC 11 -6B-7.
1.6.5 The applicant shall obtain approval for all successive phases of the preliminary plat within two
years of the signature of the City Engineer on the previous final plat as set forth in UDC 11-611-
7B.
1.6.6 Upon installation of the landscaping and prior to inspection by Planning Department staff, the
applicant shall provide a written certificate of completion as set forth in UDC 11-3B-14A.
2. PUBLIC WORKS DEPARTMENT
2.1 SITE SPECIFIC CONDITIONS OF APPROVAL
2.1.1 This proposed development is currently not serviceable by existing sewer mains intended to
provide service to the area; however the developer has proposed an acceptable alternative by
providing service by installing a temporary lift station. The site of the temporary lift station will
be large enough to accommodate a regional lift station in the future when the City decides to
budget for and construct the regional lift station. The temporary lift station is not intended to be a
throwaway cost as many of the components are reusable. The applicant shall be responsible for
all costs associated with designing and construction of the required interim lift station and
pressure sewer line. The stations design and capacity shall be coordinated with the Public Works
Department; the design shall include communication capabilities that are consistent with the City
of Meridian's SCADA system. At completion of construction, the station will be donated to the
City of Meridian who will own and maintain the lift station. The completion and acceptance of
the lift station will be at the sole discretion of the Meridian Public Works Director. The approval
to except discharge must be approved by the Meridian Public Works Director. The lift station
shall pump wastewater from the Oaks temporarily to the city's North Black Cat Lift Station
through an 8-inch pressure main until such time that the North Black Cat Lift Station reaches the
capacity that is required to switch from the 8-inch pressure sewer the North Black Cat Lift Station
currently utilizes to a larger pressure sewer from the North Black Cat Lift Station to the W WTP.
At this time the Oaks Lift Station will transition to utilizing the 8-inch pressure main currently
used by the North Black Cat Lift Station and will pump all of the way from the Oaks to the
W WTP through an 8-inch pressure sewer. The temporary lift station at the Oaks needs to be
designed to accommodate this transition (pumps should be sized for both scenarios or other
accommodations need to be made at the lift station.) Optionally, the Oaks could choose to build a
force main all the way to the plant instead of temporarily pumping to the North Black Cat Lift
Station. Any potential upgrades to the interim lift station from other surrounding parcels will be
reviewed by the Meridian Public Works Department. Approved upgrades to the purposed station
will be fully funded by the requestor, and will be subject as reimbursement fees to the applicant.
Also, the city is in the process of analyzing the need for a regional lift station at the temporary lift
station site. This analysis has not been completed and the regional lift station is not currently in
the 5-year CIP.
2.1.2 Water service to this site is being proposed via extension of mains in N Black Cat Road,
McDermott Road, and McMillan Road. The applicant shall be responsible for the installation of
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PAGE 30
water mains to and through this development per the City of Meridian's water master plan. Due
to fire flow requirements the applicant will need to construct a 12 -inch diameter main from the
intersection of N Black Cat Road and McMillan Road heading east to the existing 12 -inch
diameter main near the Ten Mile & McMillan intersection. This connection will need to be
installed with phase one of the applicant's plan, and may be eligible for partial reimbursement. If
the 12 -inch water main from Ten Mile & McMillan is installed by another developer prior to
phase one construction, the applicant will not be responsible to participate in construction of the
required main extension.
2.1.3 The City of Meridian's water master plan calls for an additional municipal well in this area. The
applicant has offered to donate a site for a new municipal well. The site for the well will need to
be a minimum of 140'x140', and donated to the city prior to first phase. If the well site cannot be
divided off and conveyed to the city prior to the first phase, the city can accept a long term lease
until such time that the property can legally be conveyed. The timing of the construction of the
municipal well can take as much as three -years. Because of the complex nature of water delivery
in this area, each phase of the development will require modeling analysis. Results of this
modeling may necessitate additional water main connections to ensure fire flow needs are met.
The developer will be required to provide two water main connections to any phase containing
more than 25 lots, unless this number of lots is increased in the future by action of the City
Council.
Alternatively the applicant may enter into non -build agreement with the City of Meridian on
the number of lots beyond the above restriction Said non -build agreement will be recorded
into Ada County Records A note shall be added to the face of the plat so that future lot buyers
will be noticed and a reference to said note shall be added to each affected lot
2.1.4 A flush line will need to be extended from the well site to an approved discharge point. The
currently proposed well site location will necessitate a lengthy flush line. The flush line will need
to be within a 20 -foot wide easement for operation and maintenance.
2.1.5 Two additional water main connections will be required, one from N. Bluefield Avenue in the
vicinity of Lots 26-30, Block 17 to the parcel to the east, and a second one from N. Oralenso
Avenue in the vicinity of Lots2-8, Block 4 to N. McDermott Road. This particular connection
will need to be 12 -inch diameter.
2.2 General Conditions of Approval
2.2.1 Applicant shall coordinate water and sewer main size and routing with the Public Works
Department, and execute standard forms of easements for any mains that are required to provide
service outside of a public right-of-way. Minimum cover over sewer mains is three feet, if cover
from top of pipe to sub -grade is less than three feet than alternate materials shall be used in
conformance of City of Meridian Public Works Departments Standard Specifications.
2.2.2 Per Meridian City Code, the applicant shall be responsible to install sewer and water mains to and
through this development.
2.2.3 The applicant shall provide easement(s) for all public water/sewer mains outside of public right of
way (include all water services and hydrants). The easement widths shall be 20 -feet wide for a
single utility, or 30 -feet wide for two. The easements shall not be dedicated via the plat, but
rather dedicated outside the plat process using the City of Meridian's standard forms. The
easement shall be graphically depicted on the plat for reference purposes. Submit an executed
easement (on the form available from Public Works), a legal description prepared by an Idaho
Licensed Professional Land Surveyor, which must include the area of the easement (marked
EXHIBIT A) and an 81/2" x 11" map with bearings and distances (marked EXHIBIT B) for
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PAGE 31
review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO
NOT RECORD. Add a note to the plat referencing this document.
2.2.4 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round
source of water (MCC 12-13-8.3). The applicant should be required to use any existing surface or
well water for the primary source. If a surface or well source is not available, a single -point
connection to the culinary water system shall be required. If a single -point connection is utilized,
the developer will be responsible for the payment of assessments for the common areas prior to
prior to receiving development plan approval.
2.2.5 All existing structures that are required to be removed shall be prior to signature on the final plat
by the City Engineer.
2.2.6 All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or
lying adjacent and contiguous to the area being subdivided shall be tiled per UDC 11-3A-6.
Plans shall be approved by the appropriate irrigation/drainage district, or lateral users association
(ditch owners), with written approval or non -approval submitted to the Public Works Department.
If lateral users association approval can't be obtained, alternate plans shall be reviewed and
approved by the Meridian City Engineer prior to final plat signature.
2.2.7 Any existing domestic well system within this project shall be removed from domestic service per
City Ordinance Section 9-1-4 and 9-4-8 contact the City of Meridian Engineering Department at
(208)898-5500 for inspections of disconnection of services. Wells may be used for non-domestic
purposes such as landscape irrigation if approved by Idaho Department of Water Resources
Contact Robert B. Whitney at (208)334-2190.
2.2.8 Any existing septic systems within this project shall be removed from service per City Ordinance
Section 9-1-4 and 9-4-8. Contact Central District Health for abandonment procedures and
inspections(208)375-5211.
2.2.9 Street signs are to be in place, sanitary sewer and water system shall be approved and activated,
fencing installed, drainage lots constructed, road base approved by the Ada County Highway
District and the Final Plat for this subdivision shall be recorded, prior to applying for building
permits.
2.2.10 A letter of credit or cash surety in the amount of 110% will be required for all uncompleted
fencing, landscaping, amenities, etc., prior to signature on the final plat.
2.2.11 All development improvements, including but not limited to sewer and water, fencing, micro -
paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining
certificates of occupancy.
2.2.12 Applicant shall be required to pay Public Works development plan review, and construction
inspection fees, as determined during the plan review process, prior to the issuance of a plan
approval letter.
2.2.13 It shall be the responsibility of the applicant to ensure that all development features comply with
the Americans with Disabilities Act and the Fair Housing Act.
2.2.14 Applicant shall be responsible for application and compliance with any Section 404 Permitting
that may be required by the Army Corps of Engineers.
2.2.15 Developer shall coordinate mailbox locations with the Meridian Post Office.
2.2.16 All grading of the site shall be performed in conformance with MCC 11-12-3H.
2.2.17 Compaction test results shall be submitted to the Meridian Building Department for all building
pads receiving engineered backfill, where footing would sit atop fill material.
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2.2.18 The engineer shall be required to certify that the street centerline elevations are set a minimum of
3 -feet above the highest established peak groundwater elevation. This is to ensure that the bottorr
elevation of the crawl spaces of homes is at least 1 -foot above.
2.2.19 The applicants design engineer shall be responsible for inspection of all irrigation and/or
drainage facility within this project that do not fall under the jurisdiction of an irrigation district
or ACHD. The design engineer shall provide certification that the facilities have been installed in
accordance with the approved design plans. This certification will be required before a certificate
of occupancy is issued for any structures within the project.
2.2.20 At the completion of the project, the applicant shall be responsible to submit record drawings
per the City of Meridian AutoCAD standards. These record drawings must be received and
approved prior to the issuance of a certification of occupancy for any structures within the
project.
2.2.21 100 Watt and 250 Watt, high-pressure sodium street lights shall be required on all public
roadways per the City of Meridian Improvement Standards for Street Lighting. All street lights
shall be installed at developer's expense. Final design shall be submitted as part of the
development plan set for approval, which must include the location of any existing street lights.
Street lighting is required at intersections, corners, cul-de-sacs, and at a spacing that does not
exceed that outlined in the Standards. The contractor's work and materials shall conform to the
ISPWC and the City of Meridian Supplemental Specifications to the ISPWC.
2.2.22 The City of Meridian requires that the owner post to the City a performance surety in the amount
of 125% of the total construction cost for all incomplete sewer, water and reuse infrastructure
prior to final plat signature. This surety will be verified by a line item cost estimate provided by
the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash
deposit or bond. Please contact Land Development Service for more information at 887-2211.
2.2.23 The City of Meridian requires that the owner post to the City a warranty surety in the amount of
20% of the total construction cost for all completed sewer, water and reuse infrastructure for
duration of two years. This surety will be verified by a line item cost estimate provided by the
owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash
deposit or bond. Please contact Land Development Service for more information at 887-2211.
3. POLICE DEPARTMENT
3.1 The Police Department has no concerns related to this application.
4. FIRE DEPARTMENT
4.1 One and two family dwellings not exceeding 3,600 square feet require a fire -flow of 1,000 gallons
per minute for a duration of 2 hours to service the entire project. One and two family dwellings in
excess of 3,600 square feet require a minimum fire flow as specified in Appendix B of the
International Fire Code. Fire Hydrant spacing shall be provided as required by Appendix C of the
International Fire Code.
4.2 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.
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c. Fire hydrant markers shall be provided per Public Works specifications.
d. Fire Hydrants shall be placed on comers when spacing permits.
e. Fire hydrants shall not have any vertical obstructions to outlets within 10'.
f Fire hydrants shall be placed 18" above finished grade to the center of the 4 %2" outlets.
g. Fire hydrants shall be provided to meet the requirements of 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 hlternational 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
GVW, per International Fire Code Section 503.2.
4.7 Provide signage ("No Parking Fire Lane') for all fire lanes in accordance with International Fire
Code Sections 503.4 & 13103.6.
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 To increase emergency access to the site a minimum of two points of access will be required for any
portion of the project which serves more than 50 homes, as set forth in International Fire Code
Section 13107.1. The two entrances should be separated by no less than %2 the diagonal measurement
of the full development as set forth in International Fire Code Section D104.3. The applicant shall
provide a stub street to the property to the (westleast/north/south).
4.12 Building setbacks shall be per the International Building Code for one and two story construction
4.13 The roadways shall be built to Ada County Highway District cross section standards and have a
clear driving surface. Streets less than 26' in width shall have no on -street parking; streets less
than 32' in width shall have parking only on one side. These measurements shall be based on the
drivable surface dimension exclusive of shoulders. The overhead clearance shall be a minimum of
13' 6". The roadway shall be able to accommodate an imposed load of 75,000 GVW as set forth
in International Fire Code Section 503.2.1. and D103.6.1 and D103.6.2.
4.14 The fire department 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)
4.15 All aspects of the building systems (including exiting systems), processes & storage practices shall
be required to comply with the International Fire Code Section 101.2.
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4.16 Emergency response routes and fire lanes shall not be allowed to have traffic calming devices
installed without prior approval of the Fire Code Official. National Fire Protection Standard 1141,
Section A5.2.18.
4.17 As set forth in International Fire Code Section D103.3, the Fire Department is opposed to any
landscape islands in the middle of a cul de sac that may prevent a fire truck from turning around on
the end of the court.
5. REPUBLIC SERVICES
5.1 Republic Services did not submit comments on this application.
6. PARKS DEPARTMENT
6.1 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.
6.2 Submit a public use easement to the Planning Division for the multi -use pathway adjacent to E.
N. Rustic Oak Way and W. Octavia Drive prior to City's Engineers signature on the final plat.
6.3 The applicant shall have an ongoing obligation to maintain all pathways.
6.4 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.
7. ADA COUNTY HIGHWAY DISTRICT
7.1 Site Specific Conditions of Approval
7.1.1 Enter into a Cooperative Development Agreement with the District to improve the Chinden/Black
Cat intersection to a 5 X 6 X 7 intersection, Black Cat/Ustick to a 7 X 7 intersection, Black Cat
Road /McMillan to a 6 X 6 intersection, and to widen McMillan Road to 3 lanes between
McDermott and Black Cat Road, as note in the District's Capital Improvement Plan.
• The Cooperative Development Agreement shall include the intersection design and
construction, as well as allocation of costs. ACHD will only provide impact fee credit for
impact fee eligible costs of permanent intersection improvements consistent with CIP.
Signal hardware is available and will be provided for the intersection improvement
project. The applicant should be responsible for all other project costs.
7.1.2 Or construct interim intersection improvements would include the signalize and widening of the
Black Cat leg of the Chinden/Black Cat intersection to 3 lanes, signalizing and widening the
Black Cat Road /Ustick Road intersection to a 3 X 3 intersection, and the signalization and widen
the Black Cat Road /McMillan intersection to a 3 X 3 intersection.
7.1.3 In order to ensure the intersections and roadway segment will be improved when warranted, the
following items must be in place prior plans acceptance for the final plat necessitating the
improvements.
• Cooperative Development Agreement;
• Financial surety provided by the applicant meeting the terms of the Cooperative Development
Agreement;
• Full design and approved plans for the intersection;
• Dedication of all of the right-of-way (both ACHD and 1TD) necessary to complete the
intersection project
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7.1.4 Widen and signalize the Black Cat Road /Chinden Boulevard to a 5 X 6 X 7 intersection, as noted
in the CIP, or make interim intersection improvements to signalize and widen the Black Cat leg
of the Chinden/Black Cat intersection to 3 lanes prior to plans acceptance or signature of the first
final plat within Phase 2 of the subdivision, or when 5,157 vehicle trips have been reached. Enter
into a development agreement with the District for the design and construction of the signals.
7.1.5 Widen and signalize the Black Cat/Ustick to a 7 X 7 intersection, as noted in the CIP, or make
interim intersection improvements to signalize and widen the Black Cat Road /Ustick Road to a 3
X 3 intersection prior to plans acceptance or signature of the first final plat within Phase 2 of the
subdivision, or when 5,157 vehicle trips have been reached. Enter into a development agreement
with the District for the design and construction of the signals.
7.1.6 When the McMillan Road/Rustic Oak intersection is first constructed construct a westbound left
turn lane, a westbound right turn lane and an eastbound left turn lane on McMillan Road at the
McMillan Road/Rustic Oak intersection. Or as an alternative the single lane roundabout could be
constructed when the intersection is first constructed as required in Phase 3.
7.1.7 Provide the concept design and dedicate the right-of-way for the roundabout at the McMillan
Road/Rustic Oak intersection when the intersection is constructed. The roundabout should be
designed meeting all of the requirements of ACHD's Roundabout Design Manual (District policy
5188).
7.1.8 Signalize and widening the Black Cat Road /McMillan intersection to a to a 6 X 6 intersection, as
noted in the CIP, or make interim intersection improvements to signalize and widen the Black Cat
Road /McMillan intersection to a 3 X 3 intersection prior to the plans acceptance or signature of
the first final plat within Phase 3.
7.1.9 Construct a northbound left-turn lane and a southbound right-turn lane at the Octavia Drive/Black
Cat intersection (if the road is constructed and intersects Black Cat) prior to the plans acceptance
or signature of the first final plat within Phase 3 that includes the 213 single -family building lot,
the 41st apartment units, or 2,282 vehicle trips per day.
7.1.10 Construct a single lane roundabout at the McMillan Road /Rustic Oak intersection prior to the
plans acceptance or signature of the first final plat within Phase 3 that includes the 213 single -
family building lot, the 41st apartment units, or 2,282 vehicle trips per day. The right-of-way
dedication and the concept design for the roundabout shall be required with the phase of the
development that includes the McMillan Road/Rustic Oak intersection.
7.1.11 Widen McMillan Road to 3 lanes between Black Cat and McDermott Roads prior to plans
acceptance or signature of the first final plat within Phase 3 that include the 231-single family
building lot, the 41st apartment unit, or 2,282 vehicle trips per day.
7.1.12 Submit an updated traffic impact study for review prior to plans acceptance and signature of the
first final plat for Phases 2 and 3.
7.1.13 Construct a 20-foot wide temporary access road to intersect Black Cat Road located
approximately 90-feet south of the north property line and 165-feet north of the future east/west
mid-mile collector roadway (Octavia) to be construct as the parcel to the south develops. Provide
a temporary right-of-way easement for the 20-foot wide temporary access road. The easement
will be released once the future east/west mid-mile collector roadway (Octavia) is constructed.
7.1.14 ACHD will not approve plans or sign a final plat including the multi-family phase of the
development which includes the temporary access road until future east/west mid-mile collector
roadway (Octavia) is constructed, and the temporary right-of-way easement is released.
7.1.15 Construct a detached 5 foot wide sidewalk on McMillan Road, located a minimum of 30 feet
from centerline. Provide permanent right-of-way easements for public sidewalk placed outside of
Oaks North and South Subdivisions- AZ-13-008; R7-13.008; PP-13-013; PP-13.014 and MDA-13-015
PAGE 36
the dedicated right-of-way. The easement shall encompass the entire area between the right-of-
way line and 2-feet behind the back edge of the sidewalk.
7.1.16 Dedicate additional right-of-way for McMillan Road so there is a total of 74 feet of right-of-way.
As this section of McMillan Road is listed in the Capital Improvements Plan, the District will
provide compensation for addition right-of-way dedicated beyond the existing right-of-way.
7.1.17 Construct detached 5 foot wide concrete sidewalk on Black Cat Road abutting the site. The
applicant should be required to construct the sidewalk a minimum of 30 feet from the centerline
of Black Cat Road. A permanent right-of-way easement shall be provided if public sidewalks are
placed outside of the dedicated right-of-way. The easement shall encompass the entire area
between the right-of-way line and 2 feet behind the back edge of the sidewalk.
7.1.18 Construct 5 foot wide meandering concrete sidewalk on McDermott Road abutting the site.
Construct the sidewalk a minimum of 43 feet from centerline. A permanent right-of-way
easement shall be provided if public sidewalks are placed outside of the dedicated right-of-way.
The easement shall encompass the entire area between the right-of-way line and 2 feet behind the
back edge of the sidewalk.
7.1.19 Dedicate 37-feet of right-of-way from centerline for McDermott Road abutting the site. As this
section of McDermott Road is not listed in the Capital Improvements Plan, the District will not
provide compensation for additional dedicated right-of-way.
7.1.20 Dedicated 37-feet of right-of-way from the centerline of Black Cat Road abutting the site. As this
section of McMillan Road is listed in the Capital Improvements Plan, the District will provide
compensation for addition right-of-way dedicated beyond the existing right-of-way. Dedicate an
additional sidewalk easement beyond the 37-feet of dedicated right-of-way to 48-feet from the
centerline of Black Cat Road abutting the site.
7.1.21 Construct 2 new residential collectors as 36 foot street sections with curb, gutter, detached 5 foot
wide meandering concrete sidewalk, and 50 feet of right-of-way. Provide a permanent right-of-
way easement if public sidewalks are placed outside of the dedicated right-of-way. The easement
shall encompass the entire area between the right-of-way line and 2 feet behind the back edge of
the sidewalk.
• Construct Rustic Oak Way, as proposed, to stub to the north property line, approximately 1,920
feet east of the northwest corner of the site, and continue through the site stubbing at the south
property line, approximately 1,650 feet west of the southeast corner of the site.
• Construct Octavia Drive, as proposed, to stub to the east property line, approximately 4,140 feet
north of the southeast corner of the site, and continue west to intersect with Rustic Oak Way.
7.1.22 Provide design and road trust for 1/2 of canal crossing for Rustic Oak Way, which stubs to the
south property line.
7.1.23 Install a sign at the terminus of each residential collector stating that, "THIS IS A DESIGNATED
COLLECTOR ROADWAY. THIS STREET WILL BE EXTENDED AND WIDENED IN THE
FUTURE.
7.1.24 Construct all internal local streets, as proposed, as 36 foot street sections with curb, gutter, 8 foot
wide landscape buffers, 5 foot wide detached concrete sidewalks, and 50 feet of right-of-way.
Provide a permanent right-of-way easement for public sidewalks placed outside of the dedicated
right-of-way. The easement shall encompass the entire area between the right-of-way line and 2
feet behind the back edge of the sidewalk.
7.1.25 Construct 5 cul-de-sac streets and 7 knuckles as proposed. Construct cul-de-sacs with minimum
turning radii of 45 feet.
Oaks North and South Subdivisions— AZ-13-008; RZ-13-008; PP-13-013; PP-13.014 and MDA-13-015
PAGE 37
7.1.26 Construct 9 internal local stub streets as proposed.
• Torana Street is to stub to the east property line approximately 750 feet north of the southeast
corner of the site and align with Torana Street of Oakcreek Subdivision. Construct a temporary
turnaround at the terminus of Torana Street. The temporary turnaround shall be paved and
provide a minimum turning radius of 45 -feet. A temporary right-of-way easement shall be
provided for the temporary turnaround. If the turnaround is located on a building lot, the whole
lot shall be encumbered by the easement until the roadway is extended.
• Quintale Street is to stub to the east property line, approximately 1,260 feet north of the
southeast corner of the site and align with Quintale Street of Oakcreek Subdivision.
• Rico Drive is proposed to stub to the east property line approximately 2,490 feet north of the
southeast corner of the site and provide connectivity to a 37 acre parcel.
• Doublerock Drive is to stub to the east property line approximately 3,150 feet north of the
southeast corner of the site and provide connectivity to a 40 acre parcel.
• Aldrich Avenue is to stub to the north property line approximately 990 feet east of the northwest
corner of the site and provide connectivity to a 21 acre parcel.
• Oralenso Avenue is to stub approximately 240 feet east of McDermott Road and provide
connectivity to an 8 acre parcel.
• Suffield Way is to stub to the north property line approximately 2,130 feet west of Black Cat
Road and provide connectivity to a 15 acre parcel.
• Doublerock Court is to stub to the west property line approximately 450 feet east of McDermott
Road and provide connectivity to an 8 acre parcel.
• Elmstone Avenue is to stub to the north at the site's northeast property line and provide
connectivity to a 6 acre parcel to the north.
7.1.27 Install a sign at the terminus of each stub street stating that, "THIS ROAD WILL BE
EXTENDED IN THE FUTURE."
7.1.28 Construct two local streets to intersect McDermott Road as proposed. Daphne Street is to
intersect McDermott Road approximately 510 feet north of McMillan Road and Quintale Drive is
to intersect McDermott Road approximately 510 feet south of McMillan Road.
7.1.29 Construct a new collector, Rustic Oak Way, to intersect McMillan Road at the %: mile, and
construct a new local street, Aldrich Way, to intersect McMillan Road approximately 1,650 feet
west of Rustic Oak Way, as proposed.
7.1.30 Construct all internal local streets to provide a minimum offset of 125 feet from any other local
street and a minimum offset of 330 feet from any collector roadway, as proposed.
7.1.31 Remove the existing driveway and construct a 40 foot wide full access driveway, as proposed,
onto McMillan located approximately 220 feet from Aldrich Avenue, to serve a new fire station.
Pave the entire width of the driveway and 30 feet into the site beyond the edge of pavement of
McMillan Road.
7.1.32 Construct a 20 foot wide driveway onto McDermott Road, located approximately 180 feet north
of the southwest corner of the site, as proposed, to serve the Meridian Sewer Lift Station. Pave
the entire width of the driveway and 30 feet into the site beyond the edge of pavement of
McDermott Road.
7.1.33 Construct a 30 foot wide driveway onto Aldrich Avenue, located approximately 230 feet from
McMillan Road, as proposed, to serve the new fire station. Pave the driveway its entire width and
a minimum of 30 feet into the site beyond the edge of pavement of Aldrich Avenue.
7.1.34 Construct 3 driveways onto Quintale Drive as proposed. Provide 2 driveways for Block 10 Lot 25
which is to be developed as multifamily. One driveway is to be 24 feet wide and located
Oaks North and South Subdivisions— AZ -13-008; RZ-13-008; PP -13-013; PP -13.014 and MDA-] 3-015
PAGE38
approximately 410 feet east of McDermott Road. The second driveway is to be 24 feet wide and
to align with Aldrich Avenue. Construct one 24 wide full access driveway, located approximately
250 feet east of McDermott Road, to serve the Western Ada County Recreation Center. Pave the
driveways their entire width and 30 feet into the site beyond the edge of pavement of Quintale
Drive.
7.1.35 Direct lot access is prohibited to McDermott Road, Black Cat Road, McMillan Road, Rustic Oak
Road, and Octavia Drive, other than the access specifically approved with this application and
shall be noted on the final plat.
7.1.36 Payment of impacts fees are due prior to issuance of a building permit.
7.1.37 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, 7203.3, the applicant may be required to update any
existing non-compliant pedestrian improvements abutting the site to meet current
Americans with Disabilities Act (ADA) requirements. The applicant's engineer should
provide documentation of ADA compliance to District Development Review staff for
review.
7.2.4 Replace any existing damaged curb, gutter and sidewalk and any that may be damaged
during the construction of the proposed development. Contact Construction Services at
387-6280 (with file number) for details.
7.2.5 A license agreement and compliance with the District's Tree Planter policy is required for
all landscaping proposed within ACHD right-of-way or easement areas.
7.2.6 All utility relocation costs associated with improving street frontages abutting the site shall
be home by the developer.
7.2.7 It is the responsibility of the applicant to verify all existing utilities within the right-of-way.
The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant.
The applicant shall be required to call DIGLINE (1-811-342-1585) at least two full
business days prior to breaking ground within ACHD right-of-way. The applicant shall
contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or
filled) are compromised during any phase of construction.
7.2.8 Utility street cuts in pavement less than five years old are not allowed unless approved in
writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file
numbers) for details.
7.2.9 All design and construction shall be in accordance with the ACHD Policy Manual, ISPWC
Standards and approved supplements, Construction Services procedures and all applicable
ACHD Standards unless specifically waived herein. An engineer registered in the State of
Idaho shall prepare and certify all improvement plans.
7.2.10 Construction, use and property development shall be in conformance with all applicable
requirements of ACHD prior to District approval for occupancy.
7.2.11 No change in the terms and conditions of this approval shall be valid unless they are in
writing and signed by the applicant or the applicant's authorized representative and an
authorized representative of ACHD. The burden shall be upon the applicant to obtain
Oaks North and South Subdivisions— AZ -13-008; RZ-13-008; PP -13-013; PP -13-014 and MDA -13-015
PAGE39
written confirmation of any change from ACRD.
7.2.12 If the site plan or use should change in the future, ACHD Planning Review will review the site
plan and may require additional improvements to the transportation system at that time. Any
change in the planned use of the property which is the subject of this application, shall require the
applicant to comply with ACHD Policy and Standard Conditions of Approval in place at that time
unless a waiver/variance of the requirements or other legal relief is granted by the ACHD
Commission.
Oaks North and South Subdivisions — AZ -13.008; RZ-13-008; PP -13-013; PP -13-014 and MDA -13-015
PAGE40
C. Legal Descriptions and Exhibit Maps for the Annexation and Rezone
J41Y 9, 2013
DESCRIPTION FOR R4 ZONE ANNEXATION PARCEL
PROPOSED OAKS SOUTH SUBDMSION
A parcel of land located In the N X of Section 33, T. 4N., RAW., B.M., Meridian, Ada
County, Idaho, more particularly described as follows:
Commencing at the Northwest corner of the said Section 33, from which the North Y.
corner of sold section beam South 89016'58" East, 2635.25 feet; thence along the north
boundary of the NW 144 of said section South 89'18'68' East, 1317.67 feet to the northwest
corner of the E % of the NW 1/4 of said section; thence along the west boundary of said E % of
the NW % South 00'30'68' West, 702.15 fest to the POINT OF BEGINNING;
thence North 58'06'65' East, 56.81 feet;
thence North 75.35'33" East, 44.23 feet;
thence South 69.18'68" East, 605.00 feat;
thence South 00'43'02" Wert, 45.00 feet;
thence South 69'16'66" East, 221.58 feet to a point of curvature;
thence 291.40 feet along the aro of a curve to Bre lett, said curve having a radius of
300.00 feet, a deka angle of 65439'15", and a long chord bearing North 62'53'26' East,
280.08 feet to a point of compound curvature;
thence 22.74 feet along the arc of a curve to the lett, said curve having a radius of
400.00 feet, a deft angle of 03'16'26", and a log chord bearing North 33.28'05" East, 22.74
feet to a point on a curve;
thence 121.86 feat slong the arc of a non -tangent curve to the right, said curve having
a radius of 30D.00 feet, a deka angle of 23'18'24", end a long chord bearing South 46033'39'
East, 121.02 feet;
thence North 58.57'32" East, 159.20 feat;
thence South 29048'22" East, 75.02 teat;
thence South 38'44'57" East, 70.80 feet;
thence South 45'02'43" East, 83.43 feet;
thence South 66.05'04" East, 78.28 feet;
thence South 58.00'40" East, 75.00 Met;
Oaks North and South Subdivisions—AZ-13-008; RZ-13-008; PP -13-013; PP -13-014 and MDA -13-015
PAGE 41
thence South 76.05'15" East, 75.00 feet;
thence South 86.21'67" East, 74.91 feet;
thence North 87'53'29" East, 681.15 feet;
thence North 85.09'33" East, 88.92 feet;
thence South 89.31'36" East, 60.00 feet to a point on the east boundary of the W % of
the NE 1: of said Section 33;
thence along said east boundary South 00.28'24" West, 938.32 feet;
thence leaving said boundary South 88.27'13" West, 249.29 feet;
thence South 88.65'20" West, 854.30 feet;
thence North 88'19'22" West, 243.62 feet;
thence North 74047'14" West, 176.88 feet;
thence North 78'44'37" West, 2499.95 feet to a point on the west boundary of said
Sedlon 33;
thence along said west boundary North 00.32'39" East, 101.67 feet;,
thence leaving said boundary South 78'42'20" East, 1259.37 feet;
thence South 89.17'19" East, 89.90 feet;
thence North 00030'68" East, 614.45 feet to the POINT OF BEGINNING. Containing
59,72 acres, more or less.
REVIE P OVAL
BY
J L 2 5 ZU13
MERIDIA14 COMMUNITY
DEVELOPMENT DEPT.
Oaks North and South Subdivisions — AZ -13.008; RZ-13-008; PP -13-013; PP -13-014 and MDA -13.015
PAGE 42
July9, 2013
DESCRIPTION FOR R4 ZONE ANNEXATION PARCEL
PROPOSED OAKS SOUTH SUBDIVISION
A parcel of land located In the N % of Section 33, T. 4N., R.1 W., B.M., Meridian, Ada
County, Idaho, more particularly described as follows:
Commencing at the Northwest comer of the said Section 33, from which the North'/.
comer of said section bears South 89'18'68' East, 2635.25 feet; thence along the north
boundary of the NW '% of sold section South 89'16'58" East, 1317.67 feet to the northwest
corner of the East % of the NW '% of said section, the POINT OF BEGINNING;
thence continuing along said north boundary South 89.1668" East, 1317.88 feet to the
N'Y, corner of said Section 33;
thence along the north boundary of the NE % of said section South 88.18'46" East, .
1317.68 feet to the NE comer of the W %of the NW Ya of said Section 33;
thence along the east boundary of said W % of the NW Y. South 00.28'24" Wast,
751.22 feet;
thence leaving said boundary North 89.3138' West, 60.00 feet;
thence South 65.09'33' West, 88.92 feet;
thence South 87'53'29" West, 681.15 feet;
thence North 86'21'57" West, 74.91 feet;
thence North 76'05'15" West, 75.00 feet;
thence North 68'00'46" Weet, 75.00 feet;
thence North 56'05'04' West, 78.26 feet;
thence North 45.02'43" West, 83.43 feet;
thence North 38'44'57' West, 70.80 feet;
thence North 29'48'22" West, 75.02 feet;
thence South 58'57'32' West 159.20 feet to a point on a curve;
thence 121.88 feet along the are of a non -tangent curve to the b8, said curve having a
radius of 300.00 feet, a delta angle of 23'16'24', and a long chord bearing North 46.33'39"
West, 121.02 feet to a point on a curve;
Oaks North and South Subdivisions- AZ -13.008; RZ-13-008; PP -13-013; PP -13-014 and MDA -13-015
PAGE43
thence 22.74 feet along the arc of a non -tangent curve to the right, said curve having a
radius of 400.00 feet, a delta angle of 03'15'26, and a long chord bearing South 33'26'05"
West, 22.74 feet to a point of compound curvature;
thence 291.40 feet along the arc of a curve to the right, said curve having a radius of
300.00 feet, a delta angle of 55°39'15", and a long chord bearing South 62.53'25' West,
260.08 feet to a point of tangency;
then North 89'16'68' West, 221.68 feet;
thence North 00'43'02" East, 45.00 feel;
thence North 89'16'58" West, 605.00 feet;
thence South 75°35'33" West, 44.23 feet;
thence South 68006'55" West, 56.81 feet to a point on the west boundary of the E % of
Me NW % of said Section 33;
thence along said west boundary North 00'30'58" East, 702.15 feet to the
POINT OF BEGINNING, Containing 43.32 acres, more or less.
REVD OVAL
By
Jul. 2 5 M3
1:h6RrDiArO.pG^'J1 DEPT
DEVEL.
Oaks North and South Subdivisions— AZ -13-008; RZ-13.008; PP -13-013; PP -13-014 and MDA -13-015
PAGE 44
PAGE 45
July 9, 2013
DESCRIPTION FOR R4 REZONE
PROPOSED OAKS SUBDIVISION
PARCEL A
A parcel of land located In the N % of Section 33, T. 4N., RAW., B.M., Meridien, Ada
County, Idaho, more particularly described as follows:
Commencing at the Northwest comer of the said Section 33, from which the North •/
comer of said notion bears South 89.18'58" East, 2835.26 feel; thence along the north
boundary of the NW % of sold section South 89.16'68" East,1317.67 feet to the northwest
comer of the E % of the NW •% of said section; thence along the west boundary of said E % of
the NW %South 00°30'58" West, 702.16 feet to the POINT OF BEGINNING;
thence continuing South 00.30'58" West, 614.45 feet;
thence North 89°17'19" West, 89.90 feet;
thence North 76.42'20" West, 78.25 feet;
thence North 09.2849" East, 243.74 feet;
thence North 08°19'43" East, 356.40 feet;
thence North 70.59'59" East, 46.32 feet;
thence South 31'53'05• East, 39.34 feet;
thence North 58006'55" East, 32.21 feet to the POINT OF BEGINNING. Containing
1.77 acres, more or lose.
PARCEL B
A parcel of land located In the E %and SW % of Sedan 28, T. 4N., R. W. B.M.,
Meridian, Ada County, Idaho, more particularly described as follows:
Commencing at the S % corner of the said Section 28, from which the Southwest
comer of said section bears South 89°16'58" Met, 2835.25 feet; thence along the South
boundary of said section South 89'16'46" East, 1317.88 feet; thence North 00.37'35' East,
656.30 feet to the POINT OF BEGINNING;
Thence North 89'22'26" West, 1372.28 feet;
thence North 86'16'26" West, 50.07 feet;
thence North 89022'25" West, 265.00 feet;
Oaks North and South Subdivisions — AZ -13-008; RZ-13-008; PP -13.013; PP -13-014 and MDA -13-015
PAGE 46
thence North 84.44153" West, 165.52 feet;
thence North 89051'30" West, 36.96 feet;
thence North 40'0825" West, 42.00 feet;
thence North 30017'18" West, 42.00 feet;
thence South 87.17'44" West, 116.09 feet;
thence South 84'3849' West, 61.07 feet;
thence South 71'27'35' West,126.62 feet;
thence North 89022'25" West, 550.00 feet;
thence North 74004'30" West 51.84 feet;
thence North 89'22'26" West, 209.04 feet;
thence North 22'68'21" West, 133.60 feel;
thence North 10'22'36" West, 102.43 feet;
thence North 15'28'05' West, 262.84 feet;
thence Nath 01'00'42" East, 171.03 feet;
thence Nath 88.5918" West, 324.54 feet;
thence Nath 01.00'42" East, 774.71 feet;
thence South 89'21'17' East, 120.00 feet;
thence South 08.27'39" East, 63.39 feet;
thence South 89'21'17" East, 345.70 feet;
thence North 45.38'43" East, 14.14 feet;
thence Nath 00'38'43" East, 100.00 feet;
thence North 01"50'15" West, 25.02 feet;
thence North 00'38'43" East 425.00 feet;
thence South 89'21'17" East, 340.07 feet;
thence South 00'52'12" West,16.99 feet;
Oaks North and South Subdivisions- AZ -13-008; RZ-13-008; PP -13-013; PP -13-014 and MDA -13-015
PAGE47
thence South 89'1434" East, 789.50 feet;
thence North 64'03'54" East, 27.64 feet;
thence South 88'6348" East, 189.53 feet;
thence South 89014'61" East, 20.04 feet;
thence South 7002760' East, 25.64 feet;
thence South 81'00'03" East, 38.69 feet
thence South 88'60'13" East 65.67 feet;
thence South 88.14'68" East, 63.62 feet;
thence Noith 89'18'37' East 46.49 feet
thence South 78.0747" East,19.68 feet;
thence North 53'05'44" East 10,63 feet
thence North 00'45'08' East, 24.90 fee,
thence North 00'43'68' East, 626.84 feet;
thence South 77'68'14' East,1338.14 feet;
i
thence South 00'36'34" Weet, 361.62 feat;
thence South 00'37'36' West, 1970.46 feet to the POINT OF
ContsIning 160.06 acres, more or less.
REV ROVAL
BY --
UL 2 y 'Lu17
MERIDIAN GOMt%'�"��'
DEVELOPM-W. -"
Oaks North and South Subdivisions—AZ-13-008; RZ-13-008; PP -13-013; PP -13-014 and MDA -13-015
PAGE48
May 16, 2013
DESCRIPTION FOR R-8 ZONE
PROPOSED OAKS SUBDIVISION
PARCEL A
A parcel of land located In the SW%of Section 28, T. 4N., RAW., B.M., Meridian, Ada
County, Idaho, more particularly described as follows:
Commencing at the Southwest comer of the said Section 28, from which the South Y4
corner of said section bears South 89'16'68' East, 2635.25 feet; thence along the West
boundary of said section North 01.00'42" East, 2089.88 feet to the POINT OF BEGINNING;
thence continuing along said West boundary North 01.00'42" East, 640.97 feet to the
northwest comer of said SW %;
thence along the North boundary of sold SW'/. South 89'21'17" East, 971.05 feet;
thence South 00'38'43" West, 425.00 feet;
thence South 01'50'15" East, 26,02 feet;
thence South 00°38'43" West, 100.00 feet;
thence South 45°38'43" West, 14.14 feet
thence North 89°21'17" West, 345.70 feet;
thence North 68°27'39" West, 63.39 feet
thence North 89.21'17" West 570.00 feet to the POINT OF BEGINNING, Containing
12.25 acres, more or less.
PARCEL B
A parcel of land located In the NW%of Section 33, T. 4N., R. W, B.M.,
Meridian, Ada County, Idaho, more particularly described as follows:
BEGINNING at the Northwest comer of the said Section 33, from which bre North Y.
comer of said section bears South 89'16'68" East, 2635.25 feet;
thence along the North boundary of said section South 119'16'68' East, 643,61 feet;
thence South 00°43'02" West, 502.76 feet;
thence North 89.27'21 "West, 641.99 feet to a point on the westerly boundary of sold
NW 1/4;
Oaks North and South Subdivisions— AZ -13-008; RZ-13-008; PP -13-013; PP -13-014 and MDA -13-015
PAGE49
thence North 00'32'39" East along said westerly boundary, 504.70 feet to the POINT
OF BEGINNING. Containing 7.43 acres, more or lees.
PARCEL C
A parcel of land located In the N % of Section 33 and the S % of Section 28, T. 4N.,
R. W, B.M., Merktan, Ada County, Idaho, more particularly described as follows:
Commencing at the Northwest corner of the said Section 33, from which the North
corner of said section bears South 89'16'58" East, 2635.26 feet; thence along the North
boundary of said section South 89'16'68" East, 918.62 feet to the POINT OF BEGINNING;
thence North 00'42'28" East, 696.72 feet to a point of curvature;
thence 71.77 feet along the are of a curve to the right, said curve having a radius of
300.00 feet, a deka angle of 13'4228", and a long chord bearing North 07.3342" East, 71.60
feet;
thence South 89.2226" East, 209.94 feet;
thence South 74004'30" East, 51.84 feet;
thence South 89°22'26" East, 550.00 feet;
thence North 71'27:35" East,128.62 feet;
thence North 84'38'49" East, 61.07 feet;
thence North 67.1744" East, 116.09 feet;
thence South 30'17'10" East, 42.00 feet;
thence South 40'0826" East, 42.00 feet;
thence South 69'6138" East, 36.88 feet;
thence South 6444'63" East,165.52 feet;
thence South 89'2225" East, 265.00 feet;
thence South 88.1626" East; 60.07 feet
thence South 89.2226" East, 1372.28 feet;
thence South 00.37'36" West, 656.30 feet to a point on the North boundary of the sail
Section 33;
thence leaving said north boundary South 00.28'24" West, 761.22 feet;
thence North 69.31'36" West 60.00 feet;
Oaks North and South Subdivisions - AZ -13.008; RZ-13-008; PP -13-013; PP -13-014 and MDA -13-015
PAGE 50
thence South 85009'33" West, 88.92 feet;
thence South 87'6329" West, 681.16 feet;
thence North 88'21'57" West, 74.91 feet;
thence North 78'0516" West, 75.00 feet;
thence North 88.00'48" West, 75.00 feet;
thence North 58'0604" Weat, 78.26 feet;
thence North 45.0243' West, 83.43 feet;
thence North 38'44'67' West, 70.80 fest;
thence Nath 29'48'22" West, 75.02 teat;
thence South 58'67'32" West, 159.20 feet to a point on a curve;
thence 121.88 feet along the are of a non -tangent curve to the left, said curve having a
radlue of 300.00 feet, a delta angle of 23'18'24', and a long chord bearing North 48'3319"
West, 121.02 feat to a point on a curve;
thence 22.74 feet along the arc of a non -tangent curve to the right, said curve having a
radius of 400.00 feet, a delta angle of 03'1628, and a long chord bearing South 33.28'05"
Weal, 22.74 Net to a point of compound curvature;
thence 201.40 feet along the arc of a am to the right, said curve having a radius of
300.00 feat, a deka angle of 55'39'16', and a long chord bearing South 82'53'25' West,
280.08 feet to a point of tangency;
thence North 89'18'58' West, 221.58 teak
thence North 00'43'02' East, 46.00 feet
thence North 89.18'58' West, 605.00 feet;
thence South 75'3533" West, 44.23 Net;
thence South 68'08'65" West, 80.02 Net;
thence North 31'63'05" West, 39.34 feet to a point of curvature;
thence 209.76 Net along the arc of a curve to the loft, said curve having a radius of
400.00 feet, a deft angle of 30'02'40", and a long chord bearing North 46.5425" West,
207.36 feet;
Oaks North and South Subdivisions- AZ -13-008; RZ-13-008; PP -13.013; PP -13.014 and MDA -13-015
PAGE 51
thence North 00.43'02" East, 546.61 feet to a point on the North boundary of said
Section 33;
thence along said boundary North 80'18'58" West, 200.00 feet to the POINT OF
BEGINNING. Containing 92.31 acres, more or less.
BYE ROVAL
JUL 2 5(OI3
MMD(A ' L(,;pI UNI i Y
DEVELf)P,,a NT DEPT.
Oaks North and South Subdivisions— AZ -13-008; RZ-13.008; PP -13.013; PP -13-014 and MDA -13.015
PAGE 52
May 18, 2013
DESCRIPTION FOR R-16 ZONE
PROPOSED OAKS SUBDIVISION
PARCEL A
A parcel of land located In the SW % of Section 28, T. 4N., RAW., B.M., Meridian, Ada
County, Idaho, more particularly described as follows:
BEGINNING at the Southwest corner of the said Section 28, from which the South Y.
corner of said section bears South 89'18'68' East, 2635.26 feet;
thence along the West boundary of said SW % North 01'00'42" East,1315.47 feet;
thence South 89'18'59" East, 450,00 feet;
thence South 88'69'18" East, 324.54 feet;
thence South 01'00'42" West, 171.03 fest;
thence Sbuth 16.28'05" East, 262.84 teat;
thence South 10'22'38" East 102.43 feet;
Owtoe South 22'66'21" East, 133.50 feet to a point on a curve;
thence 71.77 feet along the arc of a nonAangent curve to the left, said curve haft a
radius of 300.00 feet, a delta angio of 13'42'28", and a long chord bearing South 07'3342'
West, 71.60 feet b a point of tangency;
thence South 00.42'28" West, 698.72 feet;
thence Nath 89.16'68" West, 918.62 feet to the POINT OF BEGINNING. Containing
26.32 acres, more or loss.
PARCEL B
A parcel of land located In the NW %of Section 33, T. 4N., R. W. B.M., Meridian, Ada
County, Idaho, more particularly described as follows:
Commenting at the Northwest corner of Bre sold Section 33, from which the North %
comer of said section bears South 89'18'58" East, 2635.25 feet thence along the West
boundary of said section South 00'3219' West 604.70 feet to the POINT OF BEGINNING;
Thence South 89'2721" East, 932.00 feat to a point of curvature;
Oaks North and South Subdivisions — AZ -13-008; RZ-13.008; PP -13-013; PP -13-014 and MDA -13-015
PAGE 53
thence 401.92 teat along the are of a curve to the right, said curve having a radius of
400.00 feet, a deka angle of 5713418', and a long chord bearing South 60'40'13' East,
385.23 feet;
thence South 70'59'69" West, 48.32 feet;
thence South 08'19'43" Met, 358.40 feet;
thence South 09'2849" West, 243.74 feet;
thence North 78'42'20" West, 1181.12 feet to a point on Me West boundary of amid
Section 33;
thence along said West boundary North 00.32'39" East, 637.67 feet to the POINT OF
BEGINNING. Containing 18.34 acres, more or leas.
PARCEL C
A parcel of land located In the NE'/. of Section 28, T. 4N., RAW., B.M., Meridian, Ada
County, Idaho, more par8oulady described as follows:
Commencing at the S % corner of the said Section 28, from which the Soudwmt
comer of sold seotion bears South 89' 18'58" West, 2635.26 feet; thence along the South
boundary of sold section South 89'1845' East, 1317.68 feet; thence Nath 00'3735' East,
2635.78 feet; thence North 00036'34" East, 214.87 feet to the POINT OF BEGINNING;
Thence contnuhV North 00'30'34" East, 444.28 feet;
thence South 89'22'11' East, 175.08 feet;
thence South 00'29'20" Wast, 230.00 feet;
thence South 89'22'02` East,1136.34 feet to a point on the East boundary of the said
Section 28;
thence along sold boundary South 00020'20' West, 214.64 feet;
thence North 89.21'07' West, 1312.38 feet to the POINT OF BEGINNING. Containing
7.39 mores, more or less.
-REV[ ROVAL
sv UL 2 5 2013'
DEPT.
Oaks North and South Subdivisions— A7_-13-008; RZ-13-008; PP -13-013; PP -13-014 and MDA -13-015
PAGE 54
May 18, 2013
DESCRIPTION FOR LA ZONE
PROPOSED OAKS SUBDIVISION
A parcel of land located In the NW %of Section 33, T. 4N., RAW., B.M., Meridian, Ads
County, Idaho, more particularly described as follows:
Commencing at the Nortnvest comer of the said Section 33, from which Bre North Y.
comer of said section beers South 89'1668" East, 2636.26 fest; thence along the North
boundary of said section South 89.16'46" East, 643.61 feet to Bre POINT OF BEGINNING;
thence continuing along said North boundary South 89.16'68" East, 476.01 fest;
thence South 00'43'02" West, 646.61 feet to a point on a curve;
thence 192.17 feet along the arc of a non -tangent curve to the left, said curve havkg ■
radius of 400.00 feet, a dads angle of 27'31'38", and a long chord bearing North 76'41'33'
West, 190.33 feet to a point of tangency;
thence North 89'27'21" West, 290.01 feet;
thence North 00.43'02" Fast, 602.76 feet to the POINT OF BEGINNING. CWWinkt9
6.64 acres, more or less.
I EVI PROVgL
ey
U!, 2 5 2U13
MERIDIAN COMMUNITY
DEVELO�'ENT DEPT.
Oaks North and South Subdivisions— AZ -13.008; RZ-13-008; PP -13-013; PP -13-014 and MDA -13-015
PAGE 55
Oaks North and South Subdivisions— AZ -13.008; RZ-13-008; PP -13-013; PP -13-014 and MDA -13-015
PAGE 56
I l
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Oaks North and South Subdivisions— AZ -13.008; RZ-13-008; PP -13-013; PP -13-014 and MDA -13-015
PAGE 56
D. Required Findings from Unified Development Code
1. Annexation and Rezone Findings:
Upon recommendation from the Commission, the Council shall make a full investigation
and shall, at the public hearing, review the application. In order to grant an annexation, the
Council shall make the following findings:
a. The map amendment complies with the applicable provisions of the Comprehensive
Plan;
The applicant is proposing to annex and/or rezone approximately 434.81 acres to the L -O, R-
4, R-8, and R-15 zoning districts. The Council finds that the proposed map amendment is
generally consistent with the MDR and Office FLUM designations for this property. The
Council finds the amendment is consistent with the applicable provisions of the
Comprehensive Plan (see section VII above).
b. The map amendment complies with the regulations outlined for the proposed district,
specifically the purpose statement;
The Council finds that the proposed map amendment to the L -O, R-4, R-8 and R-15 zoning
districts is consistent with the purpose statements for commercial and residential districts as
detailed in Section VIII above.
c. The map amendment shall not be materially detrimental to the public health, safety,
and welfare;
The Council finds that the proposed zoning amendment will not be detrimental to the public
health, safety, or welfare. City utilities will be extended at the expense of the applicant. The
Council considered all oral or written testimony that was provided to determine this finding.
d. The map amendment shall not result in an adverse impact upon the delivery of services
by any political subdivision providing public services within the City including, but not
limited to, school districts; and,
The Council finds that the proposed zoning amendment will not result in any adverse impact
upon the delivery of services by any political subdivision providing services to this site.
e. The annexation is in the best of interest of the City (UDC 11-511-3.E).
The Council finds the annexation and rezoning of these properties with an L -O, R-4, R-8 and
R-15 zoning districts is in the best interest of the City if the applicant enters into a
development agreement and adheres to the recommended development agreement provisions
in Exhibit B.
2. Preliminary Plat Findings:
In consideration of a preliminary plat, combined preliminary and final plat, or short
plat, the decision-making body shall make the following findings:
a. The plat is in conformance with the Comprehensive Plan;
The Council finds that the proposed plats are in substantial compliance with the adopted
Comprehensive Plan in regard to land use, transportation, and circulation. Please see
Comprehensive Plan Policies and Goals, Section VII, of the Staff Report for more
information.
Oaks North and South Subdivisions— AZ -13-008; RZ-13-008; PP -13-013; PP -13-014 and MDA -13-015
PAGE 57
b. Public services are available or can be made available and are adequate to
accommodate the proposed development;
If the applicant constructs a lift system and extends the water mains as required by the
Public Works Department, the Council finds that public services will be provided to the
subject property upon development. (See Exhibit B of the Staff Report for more details
from public service providers.)
c. The plat is in conformance with scheduled public improvements in accord with the
City's capital improvement program;
Because City water and sewer and any other utilities will be provided by the development
at their own cost, the Council finds that the subdivision will not require the expenditure
of capital improvement funds.
d. There is public financial capability of supporting services for the proposed
development;
The Council relied upon comments from the public service providers (i.e., Police, Fire,
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 Council is not aware of any health, safety, or environmental problems associated
with the platting of this property. ACHD and ITD consider road safety issues in their
analysis. The Council considered all public testimony that was presented to determine if
the proposed subdivision may cause health, safety or environmental problems.
f: The development preserves significant natural, scenic or historic features.
The Council is unaware of any natural, scenic or historic features on this site. Therefore,
the Council finds that the proposed development will not result in the destruction, loss or
damage of any natural, scenic or historic feature(s) of major importance. The Council
referenced all public testimony that was presented to determine whether or not the
proposed development may destroy or damage a natural or scenic feature(s) of major
importance.
Oaks North and South Subdivisions— AZ -13-008; RZ-13-008; PP -13-013; PP -13-014 and MDA -13-015
PAGE 58
Meridian City Council Meeting
DATE: April 22, 2014 ITEM NUMBER:
PROJECT NUMBER: MDA 13-01
ITEM TITLE: Oaks North and South
Termination and Release of Development Agreement for Instrument No. 109009629
with Coleman Homes for MDA 13-015 (Oaks North and South)
MEETING NOTES
Community Item/Presentations Presenter Contact Info./Notes
CLERKS OFFICE FINAL ACTION
DATE:
E-MAILED TO
STAFF
SENT TO
AGENCY
SENT TO
APPLICANT
NOTES
INITIALS
ADA COUNTY RECORDER Christopher D. Rich AMOUNT .00 I
BOISE IDAHO 04125/14 10:55 AM
DEPUTY Bonnie �II I'II'III'I'III'I'I'II�I'II'll'I'll
RECORDED -REQUESTUEST OFF
Meridian City 114030974
When recorded, please return to:
City Clerk
CITY OF MERIDIAN
33 E. Broadway
Meridian, Idaho 83642
TERMINATION AND RELEASE OF DEVELOPMENT AGREEMENT
This Termination and Release of Development Agreement ("Termination") is made by the City
of Meridian, an Idaho municipal corporation ("City"), for the benefit of Coleman Homes LLC, an Idaho
limited liability company, and successors and assigns ("Owner").
WHEREAS, City entered into that certain Development Agreement with Owner's predecessor -
in -title dated December 26, 2008, and recorded in the real property records of Ada County, Idaho, on or
about January 29, 2009, as Instrument No. 109009629 ("Old Development Agreement") as a condition
of annexation and zoning of approximately 318.75 acres of real property, as legally described in Exhibit
A, attached hereto and incorporated herein by this reference as if set forth in full ("Old DA Property");
WHEREAS, on December 17, 2013, City approved certain Findings of Fact and Conclusions of
Law and Decision and Order which provide that the Old Development Agreement is terminated and the
Old DA Property shall be subject to a new development agreement;
WHEREAS, City desires to execute and record this Termination to memorialize that the Old
Development Agreement is terminated and no longer has any force or effect with respect to the Old DA
Property.
NOW, THEREFORE, in consideration of the recitals above, City declares and confirms that
the Old Development Agreement is hereby terminated and no longer has any force or effect with
respect to the Old DA Property identified in Exhibit A.
[end of text]
TERMINATION AND RELEASE OF DEVELOPMENT AGREEMENT— 1
2050934_1
IN WITNESS WHEREOF, the parties have executed this Termination effective as of the
day of 2014.
CITY: OWNER:
CITY OF MERIDIAN, an Idaho municipal COLEMAN HOMES LLC, an Idaho limited
corporation liability company
By: By: V l
Mayor Tam e Weerd ,<(Cnnp ST Thomas Coleman,President
c' 9
R
ATTEST:
11A Nt--
mann
Jaycee L�31I ]man, City C
STATE OF IDAHO )
:ss.
County of Ada )
SEAL
,f ar ray 1e.c rsoa�',Py
On this a7 day of Apra , 2014, before the undersigned notary public in and for the said
state, personally appeared Tammy de Weerd and Jaycee L. Holman, known or identified to me to be the Mayor and
City Clerk of the City of Meridian and the persons who executed and attested the foregoing instrument on behalf of
said City and acknowledged to me that said City executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and seal the day and year first above written.
VAR
a % Y Notary Public for Idaho
Y I
° Residing at: 1
My Commission Expires:
c
Pillil�C''`�' ;
STATE OF IDAHO
:as.
County of Ada )
On thisday, of !i , 2014, before the undersigned notary public in and for the said
state, personally appeared Thomas Coleman, known or identified to me to be the President of Coleman Homes LLC, an
Idaho limited liability company, and who subscribed said name to the foregoing instrument and acknowledged to me
that he executed the same in said company name.
IN WITSfpPVd1 ]have hereunto set my hand and seal the day and year first above written.
NOTARY T�`
.0.•
N ubfc fo Id ho -
Pk Residing at: �ll�
�N �P,.•� My Commission Expires: 5—e7f7- r7
TERMINATION AND RELEASE OF DEVELOPMENT AGREEMENT -2
2050934_1
EXHIBIT A
Legal Description of the Old DA Property
A parcel of land located in the NE % of the NE % and the NW'/ of the NW'/ of
Section 33, the S % of the NE'/ and the S % of Section 28, all located in T. 4N.,
RAW., B.M., Ada County, Idaho more particularly described as follows:
Commencing at the Northeast comer of the said Section 33 from which the East
'/ corner of said Section 33 bears South 00027'22" West, 2631.60 feet;
thence along the East boundary of said Section 33 South 00027'22" West, 169.00
feet to the REAL POINT OF BEGINNING;
thence continuing along said East boundary South 00027'22" West, 626.39 feet;
thence leaving said East boundary line South 89008'23" West, 246.54 feet;
thence South 06037'22" West, 308.30 feet;
thence North 89030'26" West, 1038.40 feet to a point on the West boundary line
of the NE'/, of the NE "/4 of said Section 33;
thence along said West boundary line North 00028'25" East, 1113.00 feet to the
E1116 corner of said Section 33;
thence along the north boundary line said Section 33 North 89"16'46" West,
1317.68 feet,to the N'/ comer of said Section 33;
thence along said North boundary line North 89'16'49" West, 1317.62 feet to the
W 1116 corner of said Section 33;
thence along the East boundary line of the NW'/4 of the NW'/ of said Section 33
South 00031'02" West, 1316.64 feet to the NW 1/16 corner of said Section 33; -
thence along the South boundary line of the NW 1/4 of the NW % of said Section
33 North 89"17'19" West, 89.91 feet;
thence leavirig said South boundary line North 76°42'21" West, 1259.37 feet to a
point on the West boundary of said Section 33;
thence along said West boundary line North 00032'39" East, 1042.47 feet to the
northwest corner of Section 33;
TERMINATION AND RELEASE OF DEVELOPMENT AGREEMENT - 3
2050934_1
thence along the West boundary line of said Section 2b North 01 000'42" East,
1315.38 feet to the S 1/16 corner of said Section 28;
thence along the North boundary line of the SW '/ of the SW % of said Section
33 South 89°18'59" East, 450.00 feet;
thence leaving said North boundary line North 01000'42" East, 774.71 feet;
thence North 89021'17" West, 450.00 feet to a point on the West boundary said
Section 28;
thence along said West boundary line North 01'00'42" East, 540.97 feet to the W
'/4 corner of said Section 28;
thence along the North boundary of said SW '/4 South 89"21'17" East, 1311.11
feet to the C -W 1116 comer of said Section 28;
thence along the East boundary line of the NW "/ of the SW "/4 of said Section 28
South 00°52'12" West, 16.99 feet;
thence leaving said East boundary line South 89014'34" East, 789.50 feet;
thence North 64003'54" East, 27.64 feet;
thence South 8605348" East, 189.53 feet;
thence North 89014'51" East, 20.04 feet;
thence South 70027'50" East, 25.64 feet;
thence South 81000'03" East, 36.69 feet;
thence South 88050'13" East, 85.57 feet;
thence South 86014'58" East, 63.62 feet;
thence North 89018'37" East, 45.49 feet;
thence South 78007'47" East, 19.68 feet;
thence North 53005'44" East, 16.53 feet to a point on the East boundary line of
the SW 1/4 of said Section 28;
thence along said East boundary line North 00043'42" East, 24.35 feet to the C'/
corner of said Section 28;
thence along the West boundary line of the NE'/ of said Section 28 North
00°43'58" East, 625.84 feet;
TERMINATION AND RELEASE OF DEVELOPMENT AGREEMENT - 4
2050934_1
thence South 77°58'14" East, 1338.14 feet to a point on the East Boundary line
of the SW ''/ of the NE'/ of said Section 28;
thence along said East boundary line North 00"36'34" East, 293.64 feet;
thence South 89031'36" East, 175,03 feet;
thence South 00628'24" West, 230:00 feet;
thence South 89031'36" East, 1136.30 feet to a point on the East boundary line of
said Section 28, said point also being on the existing Meddlan City Limits boundary;
thence along said East boundary line and said City Limits boundary South
00°29'02" West, 214.51 feet;
thence leaving said East boundary line North 89020'59" West, 1312.34 feet to a
point of the West boundary of the SE'/ of the NE % of said Section 28;
thence along said West boundary line South 00°36'34" West, 215.00 feet to the
C -E 1/16 corner of said Section 28;
thence along the East boundary of the W % of the SE'/ of said Section 28 South
00°37'35" West, 2635.75 feet to the E 1/16 corner of said Section 28;
thence along the South boundary of said Section 28 South 89°16'45" East,
1059.08 feet;
thence leaving said South boundary line South 00°27'22" West, 169.00 feet;
thence South 89016'45" East, 258.60 feet to the REAL POINT OF BEGINNING.
Containing 318.75 acres, more or less.
TERMINATION AND RELEASE OF DEVELOPMENT AGREEMENT- 5
2050934_1
Meridian City Council Meeting
DATE: April 22, 2014 ITEM NUMBER: 5D
PROJECT NUMBER:
ITEM TITLE:
License Agreement with Ada County Highway District for use of Fiber Optic Conduit
under Cherry/Meridian Road Intersection
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 IDAHO
Works Department
TO: Mayor Tammy de Weerd
Members of the City Council
FROM: Ashley Newbry
Staff Engineer I
DATE: 1 April 2014
Mayor Tammy de Weerd
C@y Council Memberts
Charlee Rountree
Keith Bird
Joe Borton
Luke Caverner
Genesis Mllam
David Zaremba
SUBJECT: LICENSE AGREEMENT WITH ADA COUNTY HIGHWAY DISTRICT
FOR USE OF FIBER OPTIC CONDUIT UNDER CHERRY/MERIDIAN
ROAD INTERSECTION
L RECOMMENDED ACTION
A. Move to:
1. Approve the License Agreement with Ada County Highway District to
allow City utilization of ACHD-owned fiber optic conduit beneath the
Cherry/Meridian Road Intersection.
2. Authorize the Mayor to sign the Agreement.
II. DEPARTMENT CONTACT PERSONS
Ashley Newbry, Staff Engineer I ....................
Clint Dolsby, Asst. City Engineer ...................
Warren Stewart, PW Engineering Manager....
Tom Barry, Director of Public Works ............
III. DESCRIPTION
.....................................................489-0385
.....................................................489-0341
.....................................................489-0350
.....................................................489-0372
A. Background
As a part of the Meridian Split Corridor project, an empty conduit was installed
from City Hall to the intersection of Fairview Avenue and Meridian Road to
accommodate a future fiber optic cable to connect City Hall to the Water and
Page I of 2
Wastewater Departments. Due to the amount of time required for design, the
conduit was not installed to cross the intersection.
B. Proposed Project
The City is currently designing a fiber optic connection from City Hall to
Fairview Avenue, and a new conduit pathway from the Cherry/Meridian
intersection north to Five Mile Creek. From there, the fiber optic route will
follow Five Mile Creek to the WWTP, including communications run to the
Water Department.
In order to commence with further permitting and design, a license agreement
with ACHD for utilization of their fiber optic conduit across Cherry/Fairview
Avenue will be necessary.
IV. IMPACT
A. Strategic Impact
By utilizing ACHD's spare conduit beneath the Cherry/Meridian intersection,
design and construction can be completed. The City has worked with engineering
consultants to choose the most cost effective route for the Public Works fiber
optic line.
B. Fiscal Impact
There is no fee associated with the creation of this license agreement.
V. ALTERNATIVES
A. The City could elect not to sign the license agreement which would increase
design and construction costs, as well as delay the project and the Public Works
fiber optic line construction. The Public Works fiber optic connection will
streamline electronic communication and data collection activities between City
Hall and the Water and Wastewater Departments.
VI. LIST OF ATTACHMENTS
A. The attached License Agreement is a requirement of Ada County Highway
District to utilize their conduit beneath the Cheng/Meridian intersection.
Approved for Council Agenda:
Dat
Page 2 of 2
INTERAGENCY LICENSE AGREEMENT
THIS LICENSE AGREEMENT (the "Agreement") is made and entered into thisfX
day of MAV , 2014, by and between the ADA COUNTY HIGHWAY DISTRICT, a
body politic and 6orporate of the state of Idaho, ("ACHD") and the City of Meridian ("Licensee").
WITNESSETH:
For good and valuable consideration, the receipt and sufficiency of which is
acknowledged by the parties:
WITNESSETH:
For and in consideration of the terms and conditions hereinafter contained, and the covenants to
be kept, it is hereby agreed as follows:
NATURE OF LICENSE: Pursuant to the terms, conditions and limitations of this
Agreement Licensor hereby grants to Licensee a license to encroach upon a portion of the
public right-of-way in Ada County, for the following specific use:
To use ACHD-owned conduit for the installation of fiber optic cable (the fiber optic
cable and associated equipment are collectively hereinafter referred to as
"Improvements") for Licensee's exclusive use. Licensee understands and agrees
that it may be required to remove and/or relocate the Improvements if a need for this
portion of the public right-of-way is required for a public use. Costs associated with
the removal and relocation of the Improvements will be borne by Licensee at no cost
to Licensor. This Agreement is not an exclusive right to use the public right-of-way,
is not intended to preclude access to adjacent and abutting properties and is subject
to any existing easements of record or in use.
2. GRANT OF LICENSE: The property to be included in this Agreement are parcels of real
property within the public right-of-way in Ada County, State of Idaho, more particularly
described as follows:
A. ACHD-owned conduit within existing splice vaults, depicted in the attached Exhibits A
and B, at the northwest and southwest corners of the intersection of the public rights-of-
way known as W. Cherry Lane and N. Meridian Road; and
B. Approximately two hundred thirty-four (234) feet of ACHD-owned conduit, depicted in the
attached Exhibit C, along the public right-of-way known as N. Meridian Road.
3. TERM OF LICENSE: This license will commence on the 10 day of
A44 , 2014, and will continue until terminated by Licensor or its successors or
assigns dr by Licensee. Licensor or Licensee may terminate this license anytime, with or
without cause, upon giving the other party THIRTY (30) DAYS written notice of termination
of this license.
4. OWNERSHIP: Licensee acknowledges that the real property described in Paragraph 2,
"Grant of License," hereinabove set out is a public right-of-way and Licensee waives any
claim to ownership of the right-of-way whether in fee, adverse possession or any other right,
INTERAGENCY LICENSE AGREEMENT - Page 1
title or interest therein, other than established pursuant to the terms of this Agreement. This
Agreement does not extend to Licensee the right to use the right-of-way to the exclusion of
ACHD for any use within its jurisdiction, authority and discretion or of others to the extent
authorized by law to use public right-of-way. If the right-of-way has been opened as a public
Highway (as used in this License Agreement the term "Highway" is as defined in Idaho Code
§ 40-109(5)) Licensee's authorized use is subject to the rights of the public to use the right-
of-way for Highway purposes. Licensee's authorized use is also subject to the rights of
holders of easements of record or obvious on inspection of the right-of-way and statutory
rights of utilities to use the public right-of-way. This Agreement it is not intended to, and
shall not, preclude or impede the ability of ACHD to enter into other similar agreements in
the future allowing third parties to also use its public rights-of-way, or the ability of ACHD to
redesign, reconstruct, relocate, maintain and improve its public rights-of-way and Highways
as authorized by law and as it determines, in its sole discretion, is appropriate.
5. TAXES AND ASSESSMENTS: Licensee agrees to pay all special assessments and
personal property taxes that may be imposed against the Improvements during the term of
this Agreement.
6. LICENSEE'S FEES: Any ACHD license fees shall be waived in accordance with the
ACHD-Meridian Interagency Governmental Agreement for Waiver of Costs and Fees dated
June 9, 2010 and incorporated herein by reference.
IMPROVEMENTS: Pursuant to the terms of this License Agreement, Licensee may
place those Improvements upon the right-of-way as set out in paragraph one, "Nature of
License." At its sole cost and expense, Licensee shall maintain the Improvements in good
condition and repair and as required to satisfy applicable laws, the policies of ACHD and
sound engineering practices. Licensee shall have access over, across and under the right-
of-way for the purposes of accomplishing such repair and maintenance.
If the Highway on and/or adjacent to the right-of-way is damaged as a result of:
(i) the performance by Licensee of the maintenance required by this Section 7, or
the failure or neglect to perform such maintenance; and/or
(ii) Licensee's design, installation or use of the Improvements, regardless of cause;
at its sole cost and expense Licensee shall forthwith correct such deficiency and restore the
Highway and the surface of the right-of-way to the same condition it was in prior thereto, and
if Licensee shall fail or neglect to commence such correction and restoration within twenty-
four (24) hours of notification thereof, ACHD may proceed to do so, in which event Licensee
agrees to reimburse ACHD for the costs and expenses thereof, including, without limitation,
reasonable compensation for the use of staff and equipment of ACHD.
Notwithstanding the provisions of the preceding paragraph, should an emergency exist
related to Licensee's use of this license which threatens the stability or function of the
Highway on or adjacent to the right-of-way or the safety of the public use thereof, ACHD
shall have the right to immediately perform, on behalf of, and at the cost of Licensee
necessary emergency repairs.
It is agreed that upon the termination of this Agreement, Licensee will promptly remove all
Improvements placed in the right-of-way by Licensee at no cost or expense to Licensor.
INTERAGENCY LICENSE AGREEMENT - Page 2
Licensee agrees at the termination of this Agreement, to return all premises as nearly as
practical to the condition that the premises were in before any use by Licensee. Should
Licensee fail to promptly remove any Improvements upon the right-of-way at the termination
of this license herein, and Licensor wants to have said Improvements removed, Licensor
may remove such Improvements and assess Licensee for the costs of their removal.
Licensee will also be liable for all costs incurred by Licensor to cause the property to be
returned to the same condition it was in before the grant of this license.
It is further agreed that should Licensee not remove the Improvements in the public right-of-
way at the termination of this Agreement that Licensee hereby disclaims any interest or title
to the Improvements left on the property after the expiration of the term of this Agreement,
and all Improvements left on the property after the termination of this Agreement will pass to
Licensor at no cost to Licensor.
8. ASSIGNMENT: It is expressly agreed and understood by and between the parties
hereto, that Licensee will not have the right to assign, transfer, hypothecate or sell any of its
rights under this License Agreement except upon the prior express written consent of
Licensor.
9. HOLD HARMLESS AND INDEMNIFICATION: Licensee will, to the extent permitted by
law, always, indemnify, defend and hold harmless Licensor, its agents, successors and
assigns, against all actions, claims, demands, liabilities, damages, debts, bodily injury and
property damage, including all expenses, costs and attorney fees that may in any manner
be imposed or incurred by Licensor because of, or arising out of, the actions, direct or
indirect, defaults or omissions by Licensee, or any of its officers, agents or servants, arising
out of or concerning the above described property and/or license granted herein, or any
other liability or damages to which Licensor may be subjected as a result or consequence of
granting this license. Licensee's obligations pursuant to this paragraph shall survive the
termination of this License Agreement.
10. HAZARDOUS MATERIAL CLAIMS; Licensee will be solely responsible for and will
indemnify and hold harmless Licensor, its respective directors, officers, employees, agents,
successors, and assigns from and against any and all loss, damage, cost, expense or
liability directly or indirectly arising out of or attributable to the use, generation, storage,
release, threatened release, discharge, disposal, or presence of hazardous materials on,
under or about the real property described in paragraph two "Grant of License," including
without limitation (1) all damages, (2) the costs of any required or necessary repair, cleanup
or detoxification of the property and (3) all reasonable costs and expenses incurred by the
Licensor in connection therewith, including but not limited to reasonable attorneys' fees.
Licensee's obligations pursuant to this paragraph shall survive the termination of this
License Agreement.
11. ATTORNEY FEES: It is agreed by and between the parties hereto, that in the event suit
is instituted for the purpose of enforcing any and all of the provisions of this License
Agreement, the prevailing party will be entitled to such attorney fees as are adjudged
reasonable by the Court.
12. HEIRS AND ASSIGNS: The covenants and conditions of this Agreement will extend to
and bind the heirs, executors, assigns and successors of the respective parties hereto.
INTERAGENCY LICENSE AGREEMENT - Page 3
13. NO COST TO ACHD: Any and all costs and expenses associated with Licensee's
authorized use of the right-of-way, or any construction or installation of Improvements
thereon, or the repair and maintenance thereof, or the relocation of Improvements or utilities
thereon, or the restoration thereof at the termination of this Agreement, shall be at the sole
cost and expense of Licensee.
14, NOTICE: Any notice under this Agreement shall be in writing and be delivered in person,
or by United States Mails, postage prepaid, or by public or private 24-hour overnight courier
service (so long as such service provides written confirmation of delivery), or by facsimile
verified by electronic confirmation. All notices shall be addressed to the party at the address
set forth below or at such other addresses as the parties may from time to time direct in
writing by notice given the other. Any notice shall be deemed to have been given on (a)
actual delivery or refusal, (b) three (3) days following the day of deposit in the United States
Mails, (c) the day of delivery to the overnight courier, or (d) the day facsimile delivery is
electronically confirmed.
If to ACHD: Ada County Highway District
3775 Adams Street
Garden City, Idaho 83714
Attn: Right of Way Division
If to Licensee: City of Meridian
33 E. Broadway Avenue
Meridian, Idaho 83642
Attn: Public Works Department
15. EXHIBITS; RECITALS: All exhibits attached hereto and the recitals contained herein are
incorporated herein as if set forth in full herein.
16. WARRANTY OF AUTHORITY TO EXECUTE: The person executing this Agreement on
behalf of ACHD represents and warrants due authorization to do so on behalf of ACHD, and
that upon execution of this Agreement on behalf of ACHD, the same is binding upon, and
shall inure to the benefit of, ACHD.
The person executing the Agreement on behalf of Licensee represents and warrants due
authorization to do so on behalf of Licensee, and that upon execution of this Agreement on
behalf of Licensee, the same is binding upon, and shall inure to the benefit, of Licensee.
IN WITNESS WHEREOF, the undersigned have caused this Agreement to be executed
the day, month and year first set forth above.
EXHIBITS
Exhibit A — Depiction of Splice Vault at Northwest Corner of Cherry Lane and Meridian Road
Exhibit B — Depiction of Splice Vault at Southwest Corner of Cherry Lane and Meridian Road
Exhibit C — Depiction of Conduit along Meridian Road
INTERAGENCY LICENSE AGREEMENT - Page 4
CITY OF MERIDIAN
l�
By: Tamnyf . de Weerd
Its: Mayo
STATE OF IDAHO )
) ss.
County of Ada )
On this day of A P r o 1 2014, before me,
Sqt no n ne , a Notary Public in and for the State of Idaho, personally
appeared Tammy L. de Weerd, known or identified to me to be the Mayor of the City of
Meridian, the person who executed this instrument on behalf of said City, 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. 11
INTERAGENCY LICENSE AGREEMENT - Page 5
Re -Tiding at: 4
My commission
Idaho
V -
a 6.O
ADA COUNT? HIGHWAY DISTRICT
John S. Franden
President
STATE OF IDAHO )
) ss.
County of Ada )
�On / this day of Ct 2014, before me,
�/,e L.. i,fMGYI a Notary Public in ao for the State of Idaho, personally
appeared, John S. Franden, known or identified to me to be the President of the Board of
Commissioners of the Ada County Highway District, the person who executed this instrument on
behalf of said District, and acknowledged to me that the Ada County Highway District executed
the same.
IN WITNESS WHEREOF, I have unto set my hand and affix official s a/ the day and year
first above written. �I
04V Notq ubl c f rldaho
y dr ` Res' g at:
My commission expires:
The Ada County Highway District (ACRD) is committed to compliance with Title VI of the Civil
Rights Act of 1964 and related regulations and directives. ACHD assures that no person shall
on the grounds of race, color, national origin, gender, disability or age, be excluded from
participation in, be denied the benefits of, or be otherwise subjected to discrimination under any
ACHD service, program or activity.
INTERAGENCY LICENSE AGREEMENT - Page 6
Exhibit A — Depiction of Splice Vault at Northwest Corner of Cherry Lane and Meridian Road
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Exhibit B — Depiction of Splice Vault at Southwest Corner of Cherry Lane and Meridian Road
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Exhibit C — Depiction of Conduit along Meridian Road
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Meridian City Council Meeting
DATE: April 22, 2014 ITEM NUMBER: 5E
PROJECT NUMBER:
ITEM TITLE:
Agreement with Idaho Power Regarding Use of Idaho Power Transmission or
Generation System Documentation
p
EY
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
IPC CHI No:
NONDISCLOSURE AGREEMENT
REGARDING USE OF IDAHO POWER
TRANSMISSION OR GENERATION
SYSTEM DOCUMENTATION
(For Non -CEI)
City of Meridian ("Recipient") has requested
Eastern Treasure Valley Electrical Plan ("ETVEP")
from Idaho Power Company ("Idaho Power").
The requested ETVEP contains non-public
information about Idaho Power's transmission or
generation system. Idaho Power generally does not
make such information available, consistent with
certain regulatory and security concerns.
Idaho Power does, however, release information
and related materials like those included in the
ETVEP on a case-by-case basis, and generally only
when the following conditions are met: (1) the
recipient has a compelling reason to obtain the
information; (2) the recipient is not in a position to
use the infonnation for commercial gain relative to
other Idaho Power customers; (3) the information
released to the recipient contains no Critical Energy
Infrastructure Information ("CEII"), as defined in
section 388.112 of the regulations of the Federal
Energy Regulatory Commission ("FERC"), 18 C.F.R.
§ 388.112 (2007); (4) the information released to the
recipient contains no Critical Infrastructure Protection
("CIP") information, as defined in FERC's mandatory
reliability standards;' and (5) Idaho Power has reason
to believe that the recipient will comply with the
conditions attached to the receipt of the information,
to be established on a case-by-case basis (and set
forth below regarding Recipient's access to this
information).
Idaho Power believes that all of these conditions
set forth above regarding the release of this
information to Recipient are satisfied.
NOW, THEREFORE, in consideration of the
mutual covenants contained herein, Idaho Power and
Recipient agree as follows:
�1VAW
POWER,
An1UACORPCOMAMY
(1) Idaho Power hereby agrees to provide Recipient
ETVEP for purposes of planned infrastructure.
(2) Recipient shall communicate to Recipient
employees granted access to the ETVEP that the
ETVEP shall not be distributed to any individual
that is not a Recipient employee.
(3) If any third party requests access to the ETVEP,
Recipient shall take commercially appropriate
measures to protect the information contained in
the ETVEP from disclosure to such third party.
Recipient shall promptly inform Idaho Power of
any third party request for access to the ETVEP,
and allow Idaho Power to assist in the protection
of the ETVEP.
(4) Recipient shall promptly disclose to Idaho
Power any actual or suspected use or release of
the ETVEP that is not consistent with this
agreement.
(5) Recipient acknowledges and agrees that Idaho
Power does not wan -ant the information and data
provided under this Agreement in any way. The
information and data is provided "as is" without
any warranties. Any use of any kind or any
changes of any kind to the information and data
will be at Recipient's sole risk, and without
liability, risk or legal exposure to Idaho Power,
it employees, officers, affiliates, and agents.
Recipient and any other person or entity using
the data and information agree to release and, to
the fullest extent permitted by law, indemnify,
hold harmless and defend Idaho Power, its
employees, officers, affiliates, and agents from,
for, and against any and all claims, demands,
losses, expenses, damages, penalties and
liabilities of any kind, including but not limited
to attorneys' fees, arising out of or relating in
any way to such use of or change to the,
information or data.
(6) Idaho Power retains the right to terminate this
agreement at any time, in which case Recipient
shall be required to return the ETVEP to Idaho
Power, including any and all copies or
reproductions of the ETVEP.
' See Mandatory Reliability Standardsfor Critical (Signature page immediately follows)
Infrastructure Protection, 120 FERC 161,077 (2007)
(Notice of Proposed Rulemaking).
IPC NDA (non-CEII) LGL 116 (3123112)
Page 1 of 2
BY PLACING MY SIGNATURE HEREUNDER, I
ACKNOWLEDGE THAT I HAVE READ ALL THE
PROVISIONS OF THIS AGREEMENT AND THAT
I AGREE TO ALL OF ITS TERMS.
CITY OF MERIDIAN
By:
/J
sO
Name:
Title:
Date:
q - 2.Z - I
IDAHO POWER COMPANY
?I
Name: ,Jared 1TGLhu/\
Title: Tk o r /A At. �uw Pr
Date: _ _ y - i 0 - -201
IPC NDA (non-CEII) LGL 116 (3/5/12)
Page 2 of 2
Meridian City Council Meeting
DATE: April 22, 2014 ITEM NUMBER: 5F
PROJECT NUMBER:
ITEM TITLE:
CableONE Movie Night in Meridian 2014 Single -Night Sponsorship Agreement Between
the Meridian United Sports Center Academy and the City of Meridian for a Not -to -
Exceed Amount of $350.00
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
Meridian Settler
CABLEONE MOVIE NIGHT IN MERIDIAN
2014 SINGLE -NIGHT SPONSORSHIP AGREEMENT
One
This CABLEONE MOVIE NIGHT IN MERIDIAN 2014 SINGLE -NIGHT
SPONSORSHIP AGREEMENT ("Agreement") is made on this day of 12014
("Effective Date"), by and between the City of Meridian, a municipal corporation organized
under the laws of the state of Idaho, whose address is 33 E. Broadway Avenue, Meridian, Idaho
("City"), and Meridian United Sports Center Academy, whose address is 1465 East Commercial
Avenue, Meridian, ID 83642 ("Sponsor"). For good and valuable consideration and in
consideration of the mutual promises and covenants herein contained, City and Sponsor agree as
follows:
1. Single -Night Sponsorship. Throughout the term of this Agreement, Sponsor shall be, and
shall be recognized as, the Single -Night Sponsor of City's July 1111` installment of the weekly
summer CableONE Movie Night in Meridian event series. As such, benefits insuring to
Sponsor throughout the term of this Agreement shall include those enumerated for Single -
Night sponsors in the CableONE Movie Night in Meridian 2014 Sponsorship Packet,
attached hereto as Exhibit A.
2. Payment. By 5:00 p.m. on March 20, 2014, Sponsor shall prepay to City three hundred and
fifty dollars ($350.00). In the event the Sponsor fails to pay this amount in full in a timely
manner as provided herein, City may terminate this Agreement in the manner therefor as set
forth herein. In the event that the CableONE Movie Night in Meridian program is
discontinued, or the showing is cancelled or shortened before Sponsor's promotional video is
shown, no portion of the amount prepaid shall be refundable, though City shall issue a
raincheck to Sponsor for redemption as a Single -Night Sponsor in the following season. City
shall make all decisions regarding scheduling. In the event that the CableONE Movie Night
in Meridian program is discontinued, or the showing is cancelled or shortened after
Sponsor's promotional video is shown, no portion of the amount prepaid shall be refundable,
and no raincheck shall issue.
3. Promotion.
a. City's efforts. With regard to CableONE Movie Night in Meridian, City shall undertake
the promotional and advertising efforts enumerated for Single -Night Sponsors in the
CableONE Movie Night in Meridian 2014 Sponsorship Packet, attached hereto as Exhibit
A.
MOVIE NIGHT SINGLE -NIGHT SPONSORSHIP AGREEMENT PAGE 1 of 6
b. Promotional Item Limitations. The sale or distribution of any food, drink, or other
promotional item by Sponsor at Sponsor's booth, as allowed in the CableONE Movie
Night in Meridian 2014 Sponsorship Packet attached hereto as Exhibit A, shall not be
permitted without prior written permission from City. Such permission may be withheld
or revoked at any time and for any reason. City may also, at any time, require that
Sponsor discontinue the distribution of any promotional item that City deems to be
negatively impacting concessions sales or deems not to be appropriate.
c. Video production. City, in its sole discretion, may edit, reduce, cancel, or reject, at any
time, any audio, video, or written material submitted, used, or created by Sponsor. Any
pre -approval by City shall not be considered a waiver of the right to revoke or edit any
such material during the term of this Agreement. Further, Sponsor warrants and
represents that, as to all content of the video pieces created or produced pursuant to this
Agreement, Sponsor shall, and hereby agrees to, indemnify, defend and hold harmless
City from all claims, suits, judgments, proceedings, losses, damages, costs, and expenses,
of any nature whatsoever, including attorneys' fees, for which the City, may become
liable by reason of City's displaying of Sponsor's audio or video copy, artwork, or other
content, including but not limited to claims for libel, violation of privacy, plagiarism, or
copyright violations.
4. Term. The term of this agreement shall be from the Effective Date through September 1,
2014, unless earlier terminated by either party by the method established herein.
5. Cancellation; scheduling. The parties acknowledge that the 2014 CableONE Movie Night
in Meridian event series schedule shall include twelve to fourteen (12-14) weekly movie
showings during June, July, and August, but cancellation of any or all movie showings may
be necessary due to weather or other conditions or circumstances. City shall have sole
responsibility and discretion in scheduling and/or cancelling CableONE Movie Night in
Meridian and all movies and activities related thereto, including any and all related activities
by Sponsor. The parties hereto expressly acknowledge that Settlers Park is a public space,
the management and scheduling of which shall at all times be within the sole purview of
City. Any right or privilege granted to Sponsor by this Agreement shall include neither the
right to exclude any law-abiding person from CableONE Movie Night in Meridian, nor the
right to interfere with any person's concurrent, lawful use of Settlers Park where such
concurrent use does not conflict or interfere with Sponsor's use.
6. Insurance Sponsor's responsibility. City shall not provide insurance to cover loss, theft, or
damage of any equipment, materials, or personnel used or employed by Sponsor in the
furtherance of this Agreement, or to cover any activity undertaken by Sponsor in the exercise
of the rights or the furtherance of the obligations described herein. Any and all insurance of
each party's respective property and personnel shall be the sole responsibility of that party.
Sponsor shall obtain all necessary insurance as may be required in order to protect Sponsor's
insurable interests for Sponsor's rights and obligations described within this Agreement,
including, but not limited to, liability insurance, automobile insurance, worker's
compensation insurance, and/or property insurance.
MOVIE NIGHT S WGLE-NIGHT SPONsoRSHw AGREEMENT PAGE 2 of 6
7. Use of City's name, logo. City hereby conveys to Sponsor permission to use City's name
for purposes of advertising, marketing, and public information, without violation of City's
rights of privacy or any other rights City may possess under this Agreement, provided that
Sponsor shall not use City's logo for any purpose without the express, written permission of
the Mayor's Executive Assistant.
8. Termination.
a. Termination for cause. If either Party determines that the other has failed to comply
with any term or condition of this Agreement, violated any of the covenants, agreements,
and/or stipulations of this Agreement, engaged in any act of misconduct in the
performance of this Agreement; or if either Party willfully or negligently defaults in, or
fails to fulfill, its material obligations under this Agreement, the other Party shall have the
right to terminate the Agreement by giving written notice to the defaulting party of its
intent to terminate, and shall specify the grounds for termination. The defaulting party
shall have two (2) days after such notice is sent to cure the default. If the default is not
cured within such period, this Agreement shall be terminated upon written notice of such
termination by the terminating party.
b. No compensation upon termination. In the event of termination, neither Party shall be
entitled to compensation or damages for any equipment or materials provided pursuant to
this Agreement or obligations incurred in furtherance of the rights conveyed by this
Agreement.
9. Photography and recording. City shall be authorized to photograph, record, video tape,
reproduce, transmit, or disseminate, in or from CableONE Movie Night in Meridian, all
related activities for educational and public information purposes. City shall not be
responsible for the actions of persons who are not under its employment or control.
10. Relationship of Parties. It is the express intention of Parties that Sponsor is an independent
contractor and not an employee, agent, joint venturer, or partner of City. Nothing in this
Agreement shall be interpreted or construed as creating or establishing the relationship of
employer and employee between Sponsor and City or between Sponsor and any official,
agent, or employee of City. Both parties acknowledge that Sponsor is not an employee of
City. Sponsor shall retain the right to perform services for others during the term of this
Agreement. Sponsor shall have no authority or responsibility to exercise any rights or power
vested in City. The selection and designation of the personnel of City in the performance of
this agreement shall be made by City.
11. Indemnification. Sponsor specifically indemnifies City and holds City harmless from any
loss, liability, claim, judgment, or action for damages or injury to Sponsor, to Sponsor's
personal property or equipment, and to Sponsor's employees, agents, or volunteers arising
out of or resulting from the condition of City's real or personal property or any lack of
maintenance or repair thereon, and not caused by or arising out of the tortious conduct of
City or its employees. Sponsor further agrees to indemnify and hold City harmless from any
loss, liability, claim or action from damages or injuries to persons or property in any way
MOVIE NIGHT SINGLE -NIGHT SPONSORSHIP AGREEMENT PAGE 3 of 6
arising out of or resulting from the use of City's real or personal property by Sponsor or by
Sponsor's employees, agents, volunteers, or invitees and not caused by or arising out of the
tortious conduct of City or its employees or volunteers.
12. Waiver. Sponsor shall, and hereby does, waive any and all claims and recourse against City,
including the right of contribution for loss and damage to persons or property arising from,
growing out of, or in any way connected with or incident to Sponsor's performance of this
Agreement, whether such loss or damage may be attributable to known or unknown
conditions, except for liability arising out of the tortious conduct of City or its officers,
agents or employees.
13. Taxes. Sponsor shall be solely responsible for the payment of taxes owed for any income
realized as the result of activities undertaken pursuant or related to this Agreement.
14. Time of the essence. Sponsor acknowledges that services provided under this Agreement
shall be performed in a timely manner. The Parties acknowledge and agree that time is
strictly of the essence with respect to this Agreement, and that the failure to timely perform
any of the obligations hereunder shall constitute a breach of, and a default under, this
Agreement by the party so failing to perform.
15. Compliance with law. Throughout the course of this Agreement, Sponsor shall comply with
any and all applicable federal, state, and local laws.
16. Non-discrimination. Throughout the course of this Agreement, Sponsor shall not
discriminate against any person as to race, creed, religion, sex, age, national origin, sexual
orientation or any physical, mental, or sensory handicap.
17. Entire Agreement. This Agreement constitutes the entire understanding between the
Parties. This Agreement supersedes any and all statements, promises, or inducements made
by either party, or agents of either party, whether oral or written, whether previous to the
execution hereof or contemporaneous herewith. The terms of this Agreement may not be
enlarged, modified or altered except upon written agreement signed by both parties hereto.
18. Costs and attorneys' fees. If either party brings any action or proceedings to enforce, protect
or establish any right or remedy under the terms and conditions of this Agreement, the
prevailing party shall be entitled to recover reasonable costs and attorneys' fees, as
determined by a court of competent jurisdiction, in addition to any other relief awarded.
19. Agreement governed by Idaho law. The laws of the State of Idaho shall govem the validity,
interpretation, performance and enforcement of this Agreement. Venue shall be in the courts
of Ada County, Idaho.
20. Cumulative rights and remedies. All rights and remedies herein enumerated shall be
cumulative and none shall exclude any other right or remedy allowed by law. Likewise, the
exercise of any remedy provided for herein or allowed by law shall not be to the exclusion of
any other remedy.
MOVIE NIGHT SINGLE -NIGHT SPONSORSHIP AGREEMENT PAGE 4 of 6
21. Severability. If any provision of this Agreement is found by a court of competent
jurisdiction to be illegal, invalid, or unenforceable, the remainder of this Agreement shall not
be affected.
22. No assignment. Sponsor shall not assign, sublet, subcontract, or transfer its rights or
responsibilities hereunder without the express written consent of City. Should Sponsor cease
to exist in its current form, this Agreement and all rights granted to Sponsor hereunder shall
be void.
23. Notice. Any and all notice required to be provided by either of the Parties hereto, unless
otherwise stated in this Agreement, shall be in writing and shall be deemed communicated
upon sending an e-mail message, addressed as follows:
Sponsor: City:
Melissa Mendez Colin Moss
mmendez@meridianunited.org cmoss@meridiancity.org
Either party may change its e-mail address for the purpose of this paragraph by giving
written notice of such change in the manner herein provided.
24. Exhibits. All exhibits to this Agreement are incorporated by reference and made a part of
hereof as if the exhibits were set forth in their entirety herein.
25. Warranty of authority. The undersigned expressly warrants that, to the extent set forth
herein, he is duly authorized to act as the representative and agent of Sponsor. The
undersigned further warrants that he is authorized to bind Sponsor to the obligations set forth
herein, and to accept the liabilities as established herein on behalf of Sponsor.
SPONSOR:
Authorized Representative Signature
NA1.U.S5a_ tVW_A6-e_2_
Please Print Name
CITY OF MERIDIAN: _
a�Picn no
BY:
��� 4S
V// ?`o
�
cry ar
Tammy de )Ke/rd, Mayor c_ j44;RTP
MOVIE NIGHT SINGLE -NIGHT SPONSORSHIP
iowna
SE/U_
k �dde ffiF 50.¢
Title Cn,W
3110j,.
Date
ATTEST:
City Clerk
PAGE 5 of 6
Exhibit A
CABLEONE MOVIE NIGHT IN MERIDIAN 2014 SPONSORSHIP PACKET
Single Night Sponsor
For $350 you will receive:
• Recognition as one event's sponsor in all promotional efforts for that event.
• The opportunity to promote your business or organization at your movie
night through product displays, sampling, demonstrations, etc. It is also
encouraged to organize activities that add to the appeal of your movie night.
Examples include bounce houses, live bands, games, raffles, etc.
•
The opportunity to insert one (1) thirty (30) second advertisement into the
pre -movie video at your movie night.
• The opportunity to hang up to two (2) banners no wider than eight (8) feet
each around the seating area during your show. Banners around seating area
must be free-standing. There will be no fences, trees, buildings, etc around
the seating area to hang your banner on.
• Your logo linked to your website on the City of Meridian website next to
your event's listing on the CableONE Movie Night in Meridian page.
• Your logo and a link to your website on your movie night's event listing on
the Meridian Parks and Recreation page on Facebook.
• Your logo next to your event's listing on the CableONE Movie Night in
Meridian flyers that are distributed throughout the season.
MOVIENIGHT SINGLE -NIGHT SPONSORSHIP AGREEMENT PAGE 6 of 6
Meridian City Council Meeting
DATE: April 22, 2014 ITEM NUMBER: 5G
PROJECT NUMBER:
ITEM TITLE:
Approval of, and Authorization for the Purchasing Manager to Sign Contract Change
Order No. 3 to the Existing Agreement for Independent Contractor Services for the
"WWTP Fermentation and Odor Control" Project to Contractors Northwest for the Not -
To -Exceed Amount of $109,993.00. This Change Order Brings the Contract Total to
$2,528,256.00
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
Memo
To: Jaycee L. Holman, City Clerk,
From: Keith Watts, Purchasing Manager
CC: Jacy Jones, Clint Dolsby
Date: 4/17/14
Re: April 22 City Council Meeting Agenda Item
The Purchasing Department respectfully requests that the following item be placed on the
April 22"' City Council Consent Agenda for Council's consideration.
Approval of, and authorization for the Purchasing Manager to sign Contract Change
Order No. 3 to the existing Agreement for Independent Contractor Services for
"WWTP Fermentation and Odor Control Proiect to Contractors Northwest for the Not -
To -Exceed amount of $109.993.00.
Recommended Council Action: Approval of, and authorize the Purchasing
Manager to sign, Contract Change Order No. 3 to Contractors Northwest for the
Not -To -Exceed amount of $109,993.00 and authorize the Purchase Manager to
sign. This change order represents a 4.5% increase in the contract amount for
a total of $2,528,256.00. The total amount of all 3 change orders ($306,756) is
13.8% of the original contract amount. This change order is within the project
budget.
Thank you for your consideration
0 Page 1
E IDIAN-
Public D A H O
Works Department
TO: Keith Watts
FROM: Clint Dolsby
Assistant City Engineer
DATE: 04/18/2014
Mayor Tammy de Weerd
City Council Uembertr
Keith Bird
Brad Hoaglun
Charles Rountree
David Zaremba
SUBJECT: Project Information; WWTP Fermentation and Odor Control Project 10045a
Construction Change Order 3
I. DEPARTMENT CONTACT PERSONS
Clint Dolsby, Asst. City Engineer (Project Manager) 489-0341
Warren Stewart, PW Engineering Manager 489-0350
John McCormick, Deputy Public Works Director 489-0378
II. DESCRIPTION
A. Backpround
The objective of the primary sludge fermentation process is to promote a reliable
biological phosphorous removal process through the addition of volatile fatty
acids to the secondary treatment system at the wastewater treatment plant.
Volatile fatty acids (VFAs) are the preferred food for the biological phosphorus
removal processes, and the Meridian wastewater treatment plant influent
wastewater has limited VFAs. A fermentation process has the capability to
produce VFAs to promote a reliable biological phosphorus removal process at
the Meridian wastewater treatment plant.
B. Proposed Project
Change Order #3 for the Fermentation and Odor Control Construction Project
includes the modification of the odor control system to include the secondary
pump station wet well, the addition of a shed for storage of the odor control
components, the replacement of the existing worn out fermenter tubes with
stainless steel tubes, a new foam roof on the fermenter tank and other related
work.
Page I of 2
IV
V
IMPACT
A. Strategic Impact:
This project will help increase efficiencies at the Wastewater Treatment Plant and
investigate alternative methods of wastewater treatment to reduce nitrogen and
phosphorous loadings into our receiving stream.
B. Service/Delivery Impact:
Improving the operation of the biological nutrient removal processes at the
wastewater treatment plant will not only help to stabilize the plant operation, it
will additionally improve the removals of the nutrients that are regulated or will
be regulated in our facility permits.
C. Fiscal Impacts:.
This change order will be financed using the Fiscal Year 2014 fermentation
enhancement. The construction will be completed in Fiscal Year 2014.
Project Costs
Fiscal Year 2013 Construction
Fiscal Year 2014 Construction
Services During Construction
Special Inspections
Programming and Integration
Change Order 1
Change Order 2
Change Order 3
Total Cost
Project Funding
Fiscal Year 2013 Fermentation (3590-96130)
Fiscal Year 2013 Odor Control (3590-92100)
Fiscal Year 2014 Fermentation (3590-96130)
Total Funding Available
TIME CONSTRAINTS
$1,500,000.00
$721,500.00
$257,006.00
$14,045.25
$150,975.00
$161,996.00
$34,767.00
$109,993.00
$2,950,282.25
$1,565,000.00
$450,000.00
$1,000,000.00
$3,015,000.00
Council's approval will allow this work to be completed in fiscal year 2014.
LIST OF ATTACHMENTS
A. Change Order 3 for the Fermentation and Odor Control Project
Approved for Council Agenda:
Warren Stewart
Page 2 of 2
Date
Keith Watts
From: Clint Dolsby
Sent: Tuesday, April 1S, 2014 2:08 PM
To: Keith Watts
Cc: Kathy Wanner
Subject: WWTP Fermentation and Odor Control Change Order 3 Narrative
Attachments: Signed CO3.pdf
Keith
Here is some supplementary backup to Change Order 3 for the fermentation project which is attached. Let me know if
you need any other information or have any questions before we get this processed and a PO issued.
• The City chose to retrofit an existing primary clarifier and digester into a gravity thickener and fermenter as a
part of the WWTP Fermentation and Odor Control Project. During this retrofit the contractor discovered the
draft tubes integral to the operation of the digester were in poor condition and needed to be replaced at a cost
of $43,402 to the project.
• A Stor-Mor shed was added to this project for storage of the micronutrient drum at the odorous air blower in
order to protect it from the elements. Additionally, the odor control system ducting installed as a part of this
project was modified to include odor control of the secondary pump station to capture and filter the odorous air
associated with the secondary pump station. The value of these changes is $54,014
• The remainder of the changes incorporated into this change order include the replacement of the worn out
foam roof of the existing digester being retrofitted into a fermenter tank ($9,322) and miscellaneous piping
changes to the contract (approx. $3K).
Thanks
Clint
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City Of Meridian
Detailed Statement of Revenues and Expenditures - Rev and Exp Report - Keith - Unposted Transactions Included In
Report
3590 - WWTP Construction Projects
60 - Enterprise Fund
From 10/1/2013 Through 9/30/2014
Date: 4/17/14 12:35:07 em Page: 1
Percent
of
Budget with
Current Year
Budget
Budget
Amendments
Actual
Remaining
Remaining
Capital Outlay
96130
Fermentation Projects
10045
Primary 1/2 Fermentation
2,073,997.84
0.00
2,073,997.84
100.00%
10045.a
WWTP Fermentation & Odor
0.00
1,603,999.35
(1,603,999.35)
0.00%
Control Ph 1 Construction
10045.c
WWTP Fermentation & Odor
0.00
176,776.81
(176,776.81)
0.003
Control SDC
10045.e
WWTP Fermentation & Odor
0.00
130,975.00
(130,975.00)
0.00%
Control - Programming &
Integration
10045d
WWTP Fermentation & Odor
0.00
7,776.00
(7,776.00)
0.00%
Control Special Inspections
Total Capital Outlay
2,073,997.84
1,919,527.16
154,470.68
7.453
TOTAL EXPENDITURES
2,073,997.84
1,919,527.16
154,470.68
7.45%
Date: 4/17/14 12:35:07 em Page: 1
City Of Meridian
Detailed Statement of Revenues and Expenditures - Rev and Exp Report - Keith - Unposted Transactions Included In
Report
3590 - WWTP Construction Projects
60 - Enterprise Fund
From 10/1/2013 Through 9/30/2014
Date: 4/17/14 12:35:46 PM Page: 1
Percent
of
Budget with
Current Year
Budget
Budget
Amendments
Actual
Remaining
Remaining
Capital Outlay
92100
WWTP - Bldg improvements
10002
Odor Control Study Task
0.00
4,003.58
(4,003.58)
0.00&
Order 10002
10002.e
WWTP Odor Control Project
0.00
298,305.35
(298,305.35)
0.00%
- Construction
10002d
WWTP Odor Control Project
0.00
12,006.95
(12,006.95)
0.00%
- design
10045
Primary 1/2 Fermentation
611,596.69
0.00
611,596.69
100.00&
10045.e
WWTP Fermentation & Odor
0.00
20,000.00
(20,000.00)
0.00&
Control - Programming &
Integration
10158
Chemical Feed Building -
0.00
7,838.59
(7,838.59)
0.005
Design
10158g
WWTP Chem Feed Bldg
0.00
3,078.76
(3,078.76)
0.00&
Control System Software
Services
10163
Wastewater Facility
0.00
215,815.00
(215,815.00)
0.00%
Maintenance Shop
10381
WWTP Sampling Station
110,000.00
0.00
110,000.00
100.00W
Improvements
10381.a
WWTP Sampling Stn
0.00
18,807.50
(18,807.50)
0.005
Imprvmnts - Final Design &
Permitting
10381.b
WWTP Sampling Station
0.00
54,000.00
(54,000.00)
0.00&
Improvements -Construction
10381.c
WWTP Sampling Stn -
0.00
3,577.75
(3,577.75)
0.008
Special Inspections
10382
Fiber Optics
0.00
1.20
(1.20)
0.00$
10430
WWTP Frontage Improvements
295,000.04
19,336.24
275,663.80
93.451;
10430.a
WWTP Frontage Improvements
0.00
51,766.90
(51,766.90)
0.005
Headgate Construction
10430.b
WWTP Frontage Improvements
0.00
24,981.00
(24,981.00)
0.005
- Entrance Design
1043...
Cresson Lateral
0.00
19,982.00
(19,982.00)
0.005
Improvements
10454
WWTP Road Repair and
500,000.04
16,856.17
483,143.87
96.635
Asphalt & Stormwater
Retention
1045...
WWTP Storm Drainage
0.00
24,950.00
(24,950.00)
0.00&
Improvements - Design
1045...
WWTP Paving & Grading
0.00
24,500.00
(24,500.00)
0.001;
Improvements Design
Total Capital Outlay
1,516,596.77
819,806.99
696,789.78
45.945
TOTAL EXPENDITURES
1,516,596.77
819,806.99
696,789.78
45.945
Date: 4/17/14 12:35:46 PM Page: 1
CITY OF. MERIDIAN
33 EAST BROADWAY
MERIDIAN, ID 83642
CONTRACT CHANGE ORDER
CHANGE ORDER NO. 3
PROJECT NO.
10045a
DATE:
3/12/2014'
EFFECTIVE DATE:
3/12/2014
CONTRACTOR: Contractors Northwest,. Inc.
PROJECT: W WTP Fermentation and Odor Control Project
The Contractor Is hereby directed to make the following changes from the Contract Documents and Plans.
Description:
For the addition of odor control to the secondary pump station, a shed for storage of the odor control
system, the replacement of the existing worn out fermenter tubes with stainless steel tubes, a new
foam roof on the fermentor tank and other related work.
Reason for Change Order:.
To replace worn out fermentor draft tubes and a worn out roof on the fermentor tank as well as add
odor control to the secondary pump station and construct a shed to protect the odor control system.
Attachments:
Pricing for COR 19, COR 20, COR 23A, COR 25, COR 26, COR 27 and COR 26
CHANGE IN CONTRACT PRICE:
'CHANGE IN CONTRACT TIMES:
Original Contract Price $ $2,221,500.00
Original Contract Times: 400
Net changes form previous Change Orders
Net changes form pravlous Change Orders
No.-1—to-2—
No _1_ to 2_ (calendar days)
$ 196,763.00
0
Contract Price Prior to this Change Order.
Contract Times prior to this Change Order.
(calandardeys)
$ 2,416,263.00
400
Net Increase (decrease) of this Change Order.
Not Increase (decrease) of this Change Order,
(calendar days)
$ 109,993.00
35
Contract Price with all Approved Change Orders;
Contract Times with all Approved Change Orders;
(celendardays)
$ 2,526,256.00
435
APPROVED: '(Clly Purchaeing Manager)
ACCEPTED: (Contractor)
Cau�,l,V
By: Keith Walls
Date;
Date:
RECOM ENDED: (Public, orita)
I rlu
By Clint Dolsby
/
Date: 3 11 S f q
Contractor, CONTRACTORS NORTHWEST, INC.
Project: Meridian W WTP Fermentation & Odor control - project # 424845
Reference:
Scope of change:
Change Order Request No: 19
Provide new stainless steel fermenter tubes at interior & exterior of tank 1/20/2014
Note: lube is a 1/4" thick, 27" OD diameter by 14' 10 1/2" length single wall construction.
( 3) Flanges to match existing are included.
9:39 AM 1/20/2014
Page 1 Sheet3Change Order Request 19 - SS tubes
Item #
Description
Quantity
Price
Unit
Cost
1
Western Waterworks
1.00
25161.00
Is
25161.00
2
labor - remove & replace roof system to allow for installation
48.00
45.00
hr
2160.00
3
allowance - replace roof membrane
1.00
1000.00
Is
1000.00
4 liabor
- remove existing -install new pipe
96.00
45.00
hr
4320.00
5
Boll kits & gaskets
1.00 1
225.00
IS
1 225.00
6
Scaffolding
1.00
124.00
Is
124.00
7
crane -including in & out
8.00
135.00
hr
1080.00
8
forklift
9.00
105.00
day
945.00
9
misc. materials
1.00
250.00
Is
250.00
10
Dumpster & removal offsite
1.00
375.00
Is
375.00
11
0.00
12
0.00
0.00
0.00
0.00
Sales tax @ 6%
0.06
25760.00
Is
1545.60
Project Manager
4.00
85.00
HR
340.00
Superintendent
12.00
80.00
HR
960.00
Clerical - office
1.00
40.00
HR
40.00
Labor - clean-up
0.00
32.00
HR
0.00
0.00
Sub -total
38525.60
Overhead & Profit: CNI provided @ 10%
0.10
3852.56
Bond rate
U42378.16
0.01500
635.67
Liability insurance
0.00550
236.58
Builders risk insurance
0.00350
151.38
Total
843,401.78
9:39 AM 1/20/2014
Page 1 Sheet3Change Order Request 19 - SS tubes
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I Contractor. CONTRACTORS NORTHWEST, INC.
Project: Meridian W WTP Fermentation & Odor control - project # 424845
Reference:
Scope of change:
Additional odorous air ductwork, per COD #2,
Note: includes aluminum ductwork
Change Order Request No: 20
1/20/2014
2:30 PM1/20/2014 Page 1 Sheet3Change Order Request 2D
Item #
Description
quantity
Price
Unit
Cost
1
YMC Mechanical
1.00
24300.00
Is
24300.00
2
Titanium Excavation -excavate & backfill pads
1.00
2307.00
Is
2307.00
3
(6) Tx 5'6"x 1' deep concrete pads - conc material ( short load)
6.00
125.00
ry
750.00
4
(6) Tx 5'6"x 1' deep concrete pads - rebar material
768.00
0.62
lbs
476.16
5
( 8) Tx 5'6'x 1' deep concrete pads - form material 2x12
144.00
1 1.20
If
172.80
6
( 8) 3' x 6'6"x 1' deep concrete pads - e, bolts & grout material
8.00
12.00
hr
96.00
7
6) 3' x 5'6" x 1' deep concrete pads - form & pour labor
24.00
35.00
hr
840.00.
8
A -Core - core drill 10" diameter holes In wall
1.00
505.00
Is
505.00
9
Automated Dairy Systems- rubber mat material
1.00
3991.40
Is
3991.40
10
KB Welding -aluminum checkered plate & gat bar- materials
1.00
1850.00
Is
1850.00
11
Install rubber mat ( 780 sf )
16.00
45.00
hr
720.00
12
Install checkered & aluminum plate
64.00
45.00
hr
2880.00
fasteners, tools, equipment & consumables
1.00
280.00
Is
280.00
0.00
0.00
Sales tax @ 60/a
0.06
7520.36
451.22
Project Manager
3.00
85.00
HR
255.00
Superintendent
12.00
80.00
HR
960.00
Clerical -office
3-00 1
40.00
HR
120.00
Labor - clean-up
0.00
32.00
HR
0.00
0.00
Sub -total
40954.58
Overhead & Profit: CNI provided @ 10%
1.00
40954.58
0.10
4095.46
Bond rate
1.00
45050.04
0.01500
675.75
Liability insurance
1.00
45725.79
0.00550
251.49
Builders risk insurance
1.00
45977.28
0.00350
160.92
Total
$48,138
2:30 PM1/20/2014 Page 1 Sheet3Change Order Request 2D
WORK CHANGE DIRECTIVE
No. 002 — Rev. 001
PROJECT: WWTP FERMENTATION AND ODOR CONTROL
DATE OF ISSUANCE: October 31, 2013 EFFECTIVE DATE: TBD
DATE OF REVISION: January 3, 2014
OWNER: City of Meridian
Project No,
CONTRACTOR: Contractors Northwest, Inc.
ENGINEER: CI -12M HILL
You are directed to provide a price quotation for the following change(s);
Extend the odorous air ductwork from the 12 -inch wye to the Secondary Pump Station as shown on the attached
exhibits
Purpose of Work Change Directive:
Allows for the capture and filtration of the odorous air associated with the Secondary Pump Station.
If a claim is made that the above change(s) have affected Contract Price or Contract Times any claim for a Change
order based thereon will involve one or more of the following methods of determining the effect of the change(s).
Method of determining change in Contract Price: Method of determining change in Contract Times:
❑ Unit Prices ❑ Contractor's records
® Lump Sum ❑ Engineer's records
❑ Other ❑ Other
Estimated increase (decrease) in Contract Price: Estimated increase (decrease) in Contract Times:
$ Substantial Completion: 0 days; Ready
If the change involves an increase, the estimated amount for final payment: 0 days. If the change
is not to be exceeded withdut further authorization. involves an increase, the estimated times are not to
be exceeded without further authorization.
RECOMMEND by ENGINEER: AUTHORIZED by OWNER:
By! Perrin Robinson, CH2M HILL By:
(Authorized Signature)
(Authorized Signature)
XN0
ONTRACTORS
, INC.
2-12-14
City of Meridian
Wastewater Division
3401 N. Ten Mile Road
Meridian, ID. 83646
Project: Meridian Fermentation & Odor #424845
RE: Request for Change Orders
ATT: Tracy Crane; Clint'Dolsby
Contractors Northwest, [nc is pleased to provide a quotation for additional work for the
following:
COR # 23 -A -REVISED Supply and install 6'x 6'x 6' Stor-Mor insulated shed for
storage of Bio Tower 55 drum liquids. Note: electrical excludes division 1, class 2 non-
combustible code compliance and consists of conductors, light & switch, and receptacle
outlet for use connecting heater or heat blanket by others. Includes heat trace of ( 2 ) I
%x" diameter pipes from shed to bio -tower. Add: $ 7,876.00
Please see attached scope of change for details on pricing for each of the above Change
Order Requests. We appreciate the opportunity to provide proposals for this work.
submitted,
Duncan Goundry
Project Manager
Coeur d'Alene P.O. Box 6300, Coeur d'Alene, ID 83816-1938 // Phone: (208) 667-2456 // Fax: (208) 667.6388
Boise P.O. Box 190689, Boise, ID 83719-0689 // Phone: (208) 362.9656 // Fax: (208) 362-9701
contractorenorthwent.cam
Idaho Contractors Regstration 4 RCE -1919
Contractor, CONTRACTORS NORTHWEST, INC.
Project Meridian W WTP Fermentation & Odor control - project # 424845
Reference:
Scope of change:
Supply & install G x 6 x 6' insulated Stor-Mor shed
for storage of Bio Tower 55 gallon drum
No heat or class r Div 2 compliance
Change Order Request No; 23-A
Revised 2.12-14
10 12 AM2I12J2014 Page 1 Sheet3Change Order Request 23A
Item #
Description
Quantity
Price
Unit
Cost
1
Sior-MorOwd
1.00
1452.20
Is
1452,20
2
CNI-install shed - labor
6.00
45.00
hr
-270.00
3
CNI - concrete pad - labor
12.00
45.00
ht
540.00
4
CNI - sawculting & removal of exislin concrete I asphalt paving
1.00
125.00
Is
125.00
5
CNI - concrete pad materials - concrete & rebar
1.00 t
150.60
Is 1
150.00
6
CNI - excavate & compact pad base
6.00
45.00
hr
270.00
7
Equipment - forldift
3.00
105.00
hr
315.0(1
8
Misc. materials & fasteners
1.00
'.100,00
IS
100.00
9
AME Electric- light, switch, recepl&conductors
1.00
.2980.00.
Is
2980.00
10
AME Electric- heat trace (2) 1 1W x 20' pipes
1.0D
Ind.
IS
included
11
Gale Industries - Insulate (2) 1 112"x 20' pipes
1.00
504.00
Is
504.OD
12
..000
0.00
0.00
0.00
Sales tax @ 6%
250.00
0.00.
Project Manager
1.00
85.00
HR
85.00
Superintendent
2.00
80.00
HR
160.00
Clerical - office
100
40,00
HR
40.00
Labor -dean -up
0.00
32.00
HR
0.00
0.0D
Sub -total
6891.20
Overhead & Profit: CNI provided 10%
1.00
6991.20
0.10
699.12
Bond rate
1.00
769032
0.01500
115.35
Liability insurance
1 1.00 1
7805.67
0.00550
42.93
Builders risk insurance
1.00
7848.61
0.00350
27.47
Total
$7,876
10 12 AM2I12J2014 Page 1 Sheet3Change Order Request 23A
JAMIEI WINTERS � lJ4eCtx1L', .l..rAC. MIKES. TENI11)IZEN
iomi�j(antelecv¢enm INDUSTRIAL •MUNICIPAL miLciGam.elnlricaam
COMMEflCIAL •RESIDENTIAL
MOTOR CONTROL
3621 ARTHUR STREET
CALDWELL, IDAHO
PHONE: (208) 459-8959
FAX: (208) 459-2243
February 6, 2014
PUBLIC WORKS LICENSER 11544 -AA -4 (16000) IDAHO CONTRACTOR LICENSER C 2854
UL 508A INDUSTRIAL CONTROL PANEL LICENSE H E 312625
Web Site; www.ameelectric.com
To: CONTRACTORS NORTHWEST
Reference: MERIDIAN W WTP FERMENTATION DRUM SHED WIRING AND HEAT
TRACE
Proposal: A.M E. PROPOSAL #2014-132
A.M.E. Electric, Inc. is pleased to present this proposal for your review and consideration. Our
proposal is to provide and install electrical and heat trace for the new 55 gallon drum shed,and piping
to be located in an unclassified area
INCLUDED IN THIS PROPOSAL:
1. Provide and install one (1) 4' 24amp T-8 fluorescent strip light
2. Provide and install one (I) toggle switch to operate the light
3. Provide and install one (1) 20A, 120V, GFCI convenience receptacle
4. Provide and install heat trace for two (2) 1 %;' pipes from the shed to the bio tower
(approximately 20' runs)
5. Provide and install conduit, circuit, and wiring to feed the light, convenience receptacle, and heat
trace
COST AS DETAILED....................................................................... $2,980.00
LABOR.................................................................................................... $1,950A0
MATERIALS............................................................................................ $1,030.00
A.M.E. Electric, Inc. appreciates this opportunity and we strive to earn your future business. Should
you have any questions, or require any additional information please feel free to contact us.
Sincerely,
Jamie J. Winters
Urner; Eitlmaror
N�
CONTRACTORS
NORTHWEST, INC.
fin,
1-23-14
City of IVIeridian
Wastewater Division
3401 N. Ten Mile Road
tMeridian, ID. 83646
Project: Meridian Fermentation & Odor 0424845
RE: Request for Change Orders
ATT: Tracy Crane; Clint Dolsby
Contractors Northwest, Inc is pleased to provide a quotation for additional work for the
following:
COR # 25 Install ( l ) owner supplied 8" valve, and supply & install drain valve
assembly & additional flange adapters for valve at mechanical room. Add: $ 1,576.00
Please see attached scope of change for details on pricing for each of the above Change
' Order Requests. We appreciate the opportunity to provide proposals for this work.
submitted,
Duncan Goundry
Project Manager
Coeur d'Alene P.O. Bax 6300, Coeur d'Alene, to 83816.1938 // Phone: (208) 667-2456 // Fax. (208) 667-6388
Boise P.O. Box 190689, Boise, to 63719.0689 // Phone: (208) 362-9656 // Fax: (208) 362-9701
contractorsnorthwest.com 1 `
Idaho Contractors Regstrabon i RCE 1919 •• :
I Contractor. CONTRACTORS NORTHWEST, INC.
Project Meridien W WTP Fermentation & Odor control - project # 424845
Reference:
Scope of change: Change Order Request No. 25
Install (1 ) owner supplied valve and new drain valve on W diameter pipe 1/23/2014
9'40AM112312014
Page 1 Sheet3Change Order Request 25
Item #
Description
Quantity
Price
Unit
Coat
1
Fowler-(2)vldsullcedeptemll,draln-maledal
1.00
524.12
to
524.12
2
CNI-inatell valve, couplers 8 drain assembly -labor
8.00
45.00
HR
360.00
3
CNI- ilmovedInstall piping -labor
3.00
45.00
HR
135.00
4
lEolulpmerril,smalltools, gaakels.olherconeumablea
1.00
60.00
Is
60.00
5
0.00
6
0.00
7
0.00
8
0.00
9
0.00
10
0.00
11
0.00
12
0.00
0,00
0.00
0.00
Sales tax 6%
0.06
584.12
35.05
Project Manager
1.00
135.00
HR
86.00
Superintendent
2.00
80.00
HR
160.00
Clerical - office
1.00
40.00
HR
40.00
Labor -dean -up
0.00
32.00
HR
0.00
0.00
Sulkotal
1399.17
Overhead &Profit: CNI provlded ®10%
1.00
1399.17
0.10
139.92
Bond rate
1.00
1539.08
0.01500
23.09
UabAitylnsurance
1.00
1582.17
0.00550
8.59
Builders dsk insurance
1.00
1570.76
0.00350
5.50
Total
$1,676
9'40AM112312014
Page 1 Sheet3Change Order Request 25
Bid No: Q239208 Page 1 of 1
H.D. FOWLER
COMPANY
Customer: BIDDING CONTRACTORS Quote #: Q239208
Estimator: EMILEE DUNCAN Bid Date: 1/23/2014
Job Name: MERIDIAN WWTP DRAIN ASSY
Location: MERIDIAN ID
Line Qty UoM Description Unit Price Extended Price
1
2
EA
B" FUG CI SIZE VIC x341, M GASK, GROOVED
149.67
299.34
2
1
EA
9.05 X 1-1/2"113 SADDLE ROMAC 202 BODY ONLY
30.59
30.59
3
2
EA
9.80 5 S STRAP WITH NUTS FOR ROMAC SADDLE
29.35
58.70
4
1
EA
11/2" X 6" GALV NIPPLE,STO WT,A53 ERW
3.60
3.60
5
1
EA
1.1/2" BRASS BALLVALVE THREADED NO LEAD
30.88
30.88
6
1
EA
1-1/2" MALE CAMLOCK X MIPT ALUMINUM 15F
11.73
11.73
7
1
EA
1-1/2' CAMLOCK DUST CAP 20V ALUMINUM
19.28
19.28
Approximate Total
454.12
eS h irW
10.6a
4 524..tz
WORK CHANGE DIRECTIVE
No. 007
PROJECT: W WTP FERMENTATION AND ODOR CONTROL
DATE OF ISSUANCE: January6, 2014 EFFECTIVE DATE: January 6, 2014
OWNER: City of Meridian
Project No. 472317
CONTRACTOR: Contractors Northwest, Inc.
ENGINEER: CH2M HILL
You are directed to provide a price quotation for the following change(,):
Relocate 8" valve SMCB I-VAL-4001 and flow meter arrangement, including 8" x4" eccentric reducers, 4" spool
pieces, and flow meter PMT -003 on the VFA-Enriched pump discharge line. Install line drain valve and install 8"
V405 (provided by the W WTP) on the VFA-Enriched pump discharge line as shown on the attached plan redlines.
Purpose of Work Change Directive:
Provide for isolation of flowmeter for future maintenance.
' If a claim is made that the above change(s) have affected Contract Price or Contract Times any claim for a Change
- order based thereon will involve one or more of the following methods of determining the effect of the change(s).
Method of determining change in Contract Price:
Unit Prices
Lump Sum
Other
Estimated increase (decrease) in Contract Price:
If the change involves an increase, the estimated amount
is not to be exceeded without further authorization.
RECOMMEND by ENGNEER:
Method of determining change in Contract Times:
❑ Contractor's records
❑ Engineer's records
❑ Other
Estimated increase (decrease) in Contract Times:
Substantial Completion: 0 days; Ready
for final payment: 0 days. If the change
involves an increase, the estimated times are not to
be exceeded without further authorization.
By: By:
(Authorized Signature)
AUTHORIZED by OWNER:
(Authorized Signature)
cni�
g9XAC
GRTNWEHT ING.
1-23-14
City of Meridian
Wastewater Division
3401 N. Ten Mile Road
Meridian, ID. 83646
Project: Meridian Fermentation & Odor #424845
PL: Request for Change Orders
ATT: Tracy Crane; Clint Dolsby
Contractors Northwest, Inc is pleased to provide a quotation for additional work for the
following:
COR# 26 Insulate ( t ) exterior fermentation draft tube. Add: $ 1,679.00
Please see attached scope of change for details on pricing for each of the above Change
Order Requests, We appreciate the opportunity to provide proposals for this work.
Duncan Goundry
Project Manager
tied,
Coeur d'Alene P.O. Box 6300, Coeur d'Alene, ID 83816-1938 // Phone: (208) 667-2456 // Fax: (208) 667.6388
Boise P.O. Box 190689, Boise, ID 83719.0689 // Phone: (208) 362-9656 // Fax: (208) 362-9701
cantractoranorthwest.com 1aae
�
Idaho Contractors Regstragon 9 R& 1919 _
I Contractor CONTRACTORS NORTHWEST, INC.
Project Meridian WWTP Fermentation & Odor control - project #424845
Reference.
Scope of change:
Insulate (1) exterior fermentation draft tube
Change Order Request No. 26
1123/2014
9'57 A141112312014
Page 1
Sheet3Chengs Order Request 25
Item #
Description
Quantity
Price
Unit
Cost
1
Sub - Gala ContractorServloes
1,00
1205,00
Is
1205.00
2
0,00
3
0.00
4
0.00
5
0.00
6
0.00
7
0.00
8
0.00
9
0.00
10
0.00
11
0.00
12
0.00
0.00
0.00
0.00
Sales tax ® 6%
0.08
0.00
Project Manager
1.00
85.00
HR
85.00
Superintendent
2.00
80.00
HR
ISOM
Clerical - office
1.00
40.00
HR
40.00
Labor - clear-up
0.00
32.00
HR
0.00
0.00
Sub -total
1490.00
Overhead & Profit CNI provided @ 10%
1.00
1490.00
0.10
149.00
Bond rate
1.00
1639.00
0.01500
24.59
,Usbility Insurance
1.00
1663.59
0,00550
9.15
Builders nsk Insurance
1.00
1672.73
0.00350
5.85
Total
$1,679
9'57 A141112312014
Page 1
Sheet3Chengs Order Request 25
a
ibis agnamany Company is willing to famish to Customer all medal and labor required for
art not
within Company's Work unless specifically listed below,
OSE NOTICE. If cellulose is to be applied with a wat spray application, you must allow adequate done for it to cure and dry
italling drywall or other materials. The adequate lime required varies depending upon climate, aldlude and weather. Do not
pat barriers, vapor words, dry wall, or other interior finish until dw material has dried W less than 20% m0lstale content Time
Ill very based on climate and weather. Be pure to schedule your trade accordingly.
codes may require a thermal barrier or ignition bonier be applied to the spray applied foam insulation. A thermal barrier or
ender is not incl Wed within the stupe of this pgteemenr of work unlet sperl really listed below.
Work Arm Product Nato
DRAFTTUBE 2'PIPE&TANK WRAP W/AS749'X 29
.016 ALUMINIUM JACKETING 36'X 100' SMOOTH
____;>___---_____.._... ..
Use Price: S1105.00 _ - - Additional Information:
options
TANKSEAL R-11. 3.5 NOMINAL INCHES CLOSED CELL FOAM
NOW: SPRAY FOAM INSTALLEDAROUND
TOP PERIMETER CHANNEL OF TANK
t]J
. TO SEAL THE ATTACHED LID
-------- 7 ------
-----------
NOTE: This agreemenr consists of multiple pages. If you do not receive the number of pages noted below, please contact Company
directly at the telephone number sated above.
PRICING! The
CLSTDMER:
9y
SIGNATURE 'TITLE
eninwm¢sadlwofmyprym la Voorna you hart mmdot
aw IhSavrtemenl 11 CampmY deer nd I[Ria raianmN ieueume
I who mM- Quuon4,har,q mon, huh„ Pores U, Mn.
neat undo. A., ryrzimwl
COMPANY
8v
SIGNATURE TITLE
Can,, %arae Dare
THE INFORMATION CONTAINED IN THIS AGREEMENT IS CONFIDENTIAL. NEITHER THIS ,ACREEMENTNOR ITS
TERMS NAY BE DISCLOSED TO THIRD PARTIES.
230
1.
Gale Contractor Services -
P
Lle 8: RCE -906 (Ideho)l CCB -113363 (Oregon)
5
2908 Brandt Ave Nampa, ID 83687-6856
i� II �p
Tel: (708) 465-5201, Fu: (208) 465-0773
•g.�9
WORK AGREEMENT
TO: CONTRACTORTN0RTUWnST
Rg:MERIDL4YwWIFTANUIINS11LATION
Addreu: I0940,v EXEMIVE DRIVE
Job Addrea: 3401 N 10 MILE ROAD nerwEEN OsncK A MnCREL
110ISE,m0A13
MERIDIAN. ID
Ana:
oam 0ly^J30W
Espinhlas Dale ON+J++-0W
70,11011363-9036
Fu:
Eaivaar. vmlcata LuryD
Ouaa1_095101 Vaalea lOT1
ibis agnamany Company is willing to famish to Customer all medal and labor required for
art not
within Company's Work unless specifically listed below,
OSE NOTICE. If cellulose is to be applied with a wat spray application, you must allow adequate done for it to cure and dry
italling drywall or other materials. The adequate lime required varies depending upon climate, aldlude and weather. Do not
pat barriers, vapor words, dry wall, or other interior finish until dw material has dried W less than 20% m0lstale content Time
Ill very based on climate and weather. Be pure to schedule your trade accordingly.
codes may require a thermal barrier or ignition bonier be applied to the spray applied foam insulation. A thermal barrier or
ender is not incl Wed within the stupe of this pgteemenr of work unlet sperl really listed below.
Work Arm Product Nato
DRAFTTUBE 2'PIPE&TANK WRAP W/AS749'X 29
.016 ALUMINIUM JACKETING 36'X 100' SMOOTH
____;>___---_____.._... ..
Use Price: S1105.00 _ - - Additional Information:
options
TANKSEAL R-11. 3.5 NOMINAL INCHES CLOSED CELL FOAM
NOW: SPRAY FOAM INSTALLEDAROUND
TOP PERIMETER CHANNEL OF TANK
t]J
. TO SEAL THE ATTACHED LID
-------- 7 ------
-----------
NOTE: This agreemenr consists of multiple pages. If you do not receive the number of pages noted below, please contact Company
directly at the telephone number sated above.
PRICING! The
CLSTDMER:
9y
SIGNATURE 'TITLE
eninwm¢sadlwofmyprym la Voorna you hart mmdot
aw IhSavrtemenl 11 CampmY deer nd I[Ria raianmN ieueume
I who mM- Quuon4,har,q mon, huh„ Pores U, Mn.
neat undo. A., ryrzimwl
COMPANY
8v
SIGNATURE TITLE
Can,, %arae Dare
THE INFORMATION CONTAINED IN THIS AGREEMENT IS CONFIDENTIAL. NEITHER THIS ,ACREEMENTNOR ITS
TERMS NAY BE DISCLOSED TO THIRD PARTIES.
230
1.
Bid Summary
Quote d Plan Trade Total
2095101 Version I Of I INSULATION $1,205.00
Pricer Good For Work Perfarmed Tbmagh: April 22, 2014 Taut Bid: 51,205.00
Bid ealc Jammy 22, 2014
Gale Conlcoclor Servicer
t�
LIc P: RCE•90d (Idaho); CCB -113362 (Oregon)
56
8346740/13
Tel: 209)46 Ave01.I=:
Se)
2
Tel: (208) 465-520 1. Fax: (2119) 9fi5A773
WORK AGREEMENT
M. Coirm%cm"3011THWFSF
Rg WRIDIAN WW(P*ANKS I D(5ULA21ON
Ja4 Addmn 3401 N ID SULE ROAD BEIWEEH USf1OLG 64ITCM
Mdmn 10140 • EXECUTIVE DRIVg
11FJUDIAN.no
0015141D0371)
Aum
D.W 01/»11014 BapINUo)DHn ON12/]019
Td: (NO)362-905b
gpimamn Vwhkk WyO
Fu:
Bid Summary
Quote d Plan Trade Total
2095101 Version I Of I INSULATION $1,205.00
Pricer Good For Work Perfarmed Tbmagh: April 22, 2014 Taut Bid: 51,205.00
Bid ealc Jammy 22, 2014
ACCEPTANCE.
2.
NI
a
1 nes
OF
anal. wail to yen uee.pr
fir one year firm the dam
United wrramy does Rt over statuettes o oft m (O uCidM% inqume .1 R`SIM or nmmn wear and Iter. (b) /whim m um or mmwn em ptv¢u r In
awotdaneewith nrenof eves imduetlolii aM (a)dmadun repilrw tt4sisped repair by myaR ober dim Caepmy err ire amhorimlrePreseamdye, Youshalbe
solely responsible for the canermem M the plum and m aeutmeamm and sw Blase and hold hamlet Campmy Rom any dehugn Inultfg'Rmn Improper,
Imdapae m ague Inrmtnaift aupDllhd by you. Cwnpmy dent eke on my dllgul-n m impn orevd •^••Ian wash afousee peones In my mama m open
ThisNSUR rsaml. Conrad,
1. INSURANCE. eimP�nr shat murrain aorlms' eompwaefion (anpfym Iiab1110'I, u tequimed by Iso. dad 51.000.000 m ge^a^I.IIeGEay Imutma while
pcRotmiog the umY. CatW^Y raervn dee fight m be uifinmued m Ian amu alowcd by vPPltnble law. CaopanY ureses Pw age m onnm mY odta peteannor
4. LIMITATION
arid OF
R
a. LIMITATION OF REMEDIES. Yaa wlh and aelbyC remedy t co Company for my ye rt eluw'fir nod,
she boat Dfm case w such
adwt w[ be Wank wilt 6e IMited m die tepiirmlepkumem by Cafpat6'. a Capponyl opfivA eranYRmdfoimfg wak or m du lsvuceors creat far such
nonwnfomiing woh f uwNence with dwu amdt and ewdldom powded CompenY k giro a toulmble wPmadiry m ftpect the wok and onRmu rich
n-ncwfoemlty. Thk
nanwnfarmi¢ work add�I. my Co nRteMr bs emadmam m OebHvllery IWfnkdtearrdamme nsdilpl be olimited
W.I. coCWmnpteonwy i[s aid.B Cooper, fmm rths,Worris tendo the
under shat
agramenL This Lindell or Retalles shun "I apply to Em psrein an We agteanea u well as m One ounal ulnad
sumewa sod anigne, If you sues...Wm for dumge, by my owrar srising m -for dleged an mvestfapt out ofde I
Ca mom of the eWm and provide Company an Opportunity impem rho dlagdd damsga within 10 do ager Cmpmys n
MOM sad. aWm fall an alba Com uay m uppameiry x impns de. iii., damsga with. 10 days, yes lardy wail
Rc
codwofwadtq"Cmpmy.This LimiiagweorR edianmybep1aW useomrylsbhammy xdo to viakdonl
S. LIMITATIONS ON ACTIONS AND LIABILITY. All chime andur kawlm alluding but we lmdledat
BE LIABLE
FOR GNYLOS,DAodes thisu INJURY
Ruebemade FROM
II monde Rom Endue DELIVERY
THE ofsh
BE LLARM FOR ANY LOSS, DAMAGE OR IN CES BEYOND IT FROM RELAY IN COMPANY
DI OF THE PRO
PERFORM THAT IS IGH TO CIRCUMSTANCES BEYOND ITS CONTROL COMPANY IC TO DISCLAIMS AL1
DAMAGE WHICH MIGHT RE SRSTABiED BY ANY PERSON WHO MAY BE ALLERGIC i0 OR AFF!
LT' FOR ANY AND ALL
BY THE EMANATION OF
PIIIIPOSL
6, PRICES, TERMS AND SHIPMENT. No ash&sevam,psd clwgeu ha offs irsvlmmmkims ate dlawed wlasspsified by Campmy. in addivw
m to prim spelfisd. you W.I. Fetzer fid", trae or kcd aurae. ume, aWpdonal, msnda m mw In forte or mbe cueud io Ian 0mve, aseud agaWa
ConNmY myau byrman a[thm aenmalon No reTnfiwhpe+mhad wlmsCRlpanY+gtenoAawim in wrifing. AnYyeedn RYmmEuillhe.uCmnpenYs
opdom subject aiarmilat5%pn mom(11%pmsmuml mtbeumapeamimudby law, You at= mte¢!ve(mpmnll Company kaceivhl mm dm wa lm
You
E. CONFIDENTIALITY. Ifyou visitcwrpmya pmnkeocyou odoawiu tredve my peopinay ermnftdmdd infomudw bars Campnr.yawWll natio
wash (allowed can u co attended and tet uses or drachm, It an my did Perry aithsd CampmYm art= assume.
9. CREDIT APPROVAL. SNpmw[ and ddivay of Bawds aM p:doRena of wary mol u W ebrms be mbdm m the rpptvvd err Compmys sredim
d:pu-umhind CampsnY mY u anYEan deelMe m maim mY tF•ptmmardellw0• m � tet my avhanptupoa taeipt afpeYmmlor upon vans mdmditlom
10. CANCELLATION.
TION. Thi B eraloo t. my plus you m y u,d CompmY mebad clurpony, mwsama
IB. CANCEL(ATeraC This agtwnmh m my pre of M1 may wait' I. esmdmd waters [ompuyt when approval. to 0e mot of <undiadao of suis
agmanmLmmY PuldnmLyvu shill pY:U)dm onimtpNceofml mmplercd lmlde:@I Uwl pomanafEo olwatpda lhetkquJmdu hgrm nfeom euro.
or tet R wmB In protta. ... w tU dem CompOr- taatm mda.gudies-",re (d the on of W. m es; ad and my. la which EmtIPNy I hove
IWa:WdWmd m d loam and ahtdt atm o 1, oftY mild ha un o far a0a m Orr0re RRaer, (d) a h. h pat a fa: and (el my apnwt Iaurmd by Campmy
1lmludlttg legdf mdJWgmmtlaaradaardm Mnllado ofsubLonmuamRtsOaa rela�mthk aDeanem
IL DEFAULT, Ywmryav Wmmhisgrwnotfor Compmy'sdefult.whORymmya byglvingcm"ywdnenmda.rlm Mena6n.w. Yau
may give a mina =on or temtimdw only If eaRmY bee radved a areas mon hors you spoelf ing surh ddadc do dehde Is at nmuble unEer my
doomed a tleRdt fir purposes of tertttwnan. In the event of Immmdao fm defads fa than bes rtllewd of da obligarmn to pat, for weds at pedomted by
Compay pries m Em eRecfiva darn of fmh termtmdw. A ddbdt a Company's pan slWl not mbJm Company to liability. duou th pymmsby Company. sn oRar
athwAmrarmyothadstmgeuwhMerdlrcgcomqumualarmcldeoW,Wwhedeisoughtwdadoarinofaa immm
12, ASSIGNMENT. Yo may nor anlp lhk agteanm or my dam apse Company rckhng r -this agrtmtmn
Il. GOVERNMGLAW. Two yrtmRrit shill be summed. ammdand im nights of the penia dmamud In noNaue with the kw of the Savor
Campmymedthasnmiii dmdmhmiarthlsaBreanent
Id. DISPUTES AND MANDATORY MEDIATION. f ole amt dm a dhpue arises ova the teamnablenm of a enddwma m fm charged by
cempnY. Ito CMIng pang mll he mmlN m roaombla mnmeys fas and mus [nil olhesdbplRs ofmY tenors, exh prey Ibdl pay to aw rm and cam
Ealeptm(glt mpmmn onRamrW mfatmAdw andmdmf puhtuauy tnjunceve rtbefm Prevmtlmpa+bla Aum, you andthe Campmy agtm lha pnnm
Im Initiation of my begil actiondw penia all casesin fcAnatsve owdfatmafmy ad At disputer loony way related to lhuafirealm, Ifthepudamnotsgra
upon a fullltuive mvdim er with. 10 days of ohm the dispute one, as will be alatd pram, m the Camtemkl Mutilation Rules of dm Amednn ArfRuan
Alsodatlan. FYh parry tell IM1w gmlly tlm fm afthe fxlloanve mdiamrmd test ofdmmediadw.
13. INSULATION DOES NOT PREVENT FROZEN PIPES. Imukang mated ester Iola in m annul dmwd Or semi conditioned are. will me
Items pulpa from Rearing or neon mlmttg modavaium To demmm dm pumbthry of M1mm pipes, loam any won pipet whhln s omgdomd ares Web u
mtemd walls miter thenewnnal walls tryout do not tome the pip" mlhm m Internet wall. you how Claps" mrmlems ad Neve Canpmy gam my dorsa
16. SEVERABILITY. SEVERABILITY. Ifmy pmcutnwdus sgteemmtsOut mfartmple. thus pmwmn shill be ettadve,nlY'a tan m:ea pwkedNlew wJ dl other
prunwas or.ho,. dullraven,
17, ENTIREAGREEMENT
Thur l Ily by. eamm.a rte omus, pang mt o the paten ommo m the abject mem mmir+al my aniv be calved.
I:utasd.ismotevL enendN errnd zoreTNnt ortbyawrung ugnell Syrhe putt'eYamtwhom 4-'a moms or my musM1 waiver. aharya mudidmtion. ntenaona
I S. I'N Esmghe The term{and;mua fa"gragreementapndemysdtemmui whlrhdiswaded
13.INDEMNITY, F sh o(qe penin ta:fugrmam+gras:o defend and tmlemntfyane nloAardom mV and dl:!eims xfims mdrr Wwluiu;msed by the
pdlgemxturumtvuum.Thu,ndemntrychuu d$euhtgmua:m redicrcmthdlcunmlmJrdrcpdad uvermYaroma idmni ogknem
manmed cdomm pour tmiupamenu F•snhewltre. Nlvindmwlry.Ivum mJ ole obllgenum mrN neteln shall wood eM the ydaria avermymnmryindemmty
hyrtummt enured anti muhsgtwm m:hw aytevn<m unlal Ihe;ubsryums eyeement Ipemgeally refnc .o Ihuindemnlry:Suu roil Jce';ern i1 null wJ vmd
11=
I Contractor: CONTRACTORS NORTHWEST, INC.
Project: Meridian W WTP Fermentation & Odor control - project # 424845
Reference:
Scope of change:
Foam spray new roof on fermentation lank.
Change Order Request No: 27
21612014
11:29 AM21612014 Page 1 Sheet3Change Order Request 27
Item #
Desorption
quantity
Price
Unit
Cost
1
Sub- Gale Contractor Services - foam new roof
1.00
6878.00
Is
6878.00
2
Sub- Gale Contractor Services- foam in trough at perimeter
1.00
406.00
Is
406.00
3
scaffolding
1.00
124.00
Is
124.00
4
equipment - forklift
2.00
105.00
day
210.00
5
CNI - clean trough prior to spray
4.00
1 45.00
HR
180.00
6
0.00
7
0.00
8
0.00
9
0.00
10
0.00
11
1
0.00
12
0.00
O.00
0.00
O.oO
Sales tax Q 6%
0.06
530.00
31.80
Project Manager
1.00
1 85.00
HR
1 85.00
Superintendent
4.00
80.00
HR
320.00
Clerical - office
1.00
40.00
HR
40.00
Labor - clean-up
0.00
32.00
HR
0.00
0.00
Sub -total
8274.80
Overhead & Profit: CNI provided Q 10%
1.00
8274.60
0.10
827.48
Bond rate
1.00
9102.28
0.01500
136.53
Liability Insurance
1.00
9238.81
0.00550
50.81
Builders risk insurance
1.00
9289.63
0.00350
32.51
Total
$9,322
11:29 AM21612014 Page 1 Sheet3Change Order Request 27
Subject to the leans and conditions stated in this agreement, Company is willing to furnish to Customer all material and labor required for
the Seem of Work described below:
or
(LOSE NOTICE. If cellulase Ism be applied With A wet spray application, you must allow adequate time for life cure and dry
installing drywall or other materials. The adequate time required varies depending upon climate, altitude and weather. Do not
,spar barriers, vapor retards, dry wall, or other interior finish until the material has dried to less than 201/6 moisture content. Time
will vary based on climate and weather. He sure to schedule your trades accordingly.
ig codes may require a thermal harrier or ignition barrier be applied to the spray applied ream insulation. A Ihennal barrier or
t bamicr I$ not included within the scope of this agreement of work unless specifically listed below.
Trade: INSULATION
Work Area Praduel Note$
ORAFTTUBE 2"PIPE& TANK WRAP Wl ASJ 43-x26'
.016 ALUMNUMJACKETINO Jfi'X 100'.SMOOTH __ -
Base Price: $1,205.00 ' — � � � � - _ _ Addltlonel lnformalion: . .
ANK SEAL R-172.5 NOMINAL INCHES CLOSED CELL FOAM
Notes: SPRAY FOAM INSTALLED AROUND
TOP PERIMETER CHANNEL OF TANK
TO SEAL THE ATTACHED LID
BAYBLOCK 700 ACRYLIC COATING
+5406,00
'IPING . - . , ... ` t,5 %P FIBERGLASS PIPE INSULATION' _
.016 ALUMINUM IACKETING CUT & ROLLED 1.5 K 2
NOTE: This agreement consists ofmultiple pages. If you donor receive rhe number ofpages noted below, please contact Company
directly az the telephone number stated above.
TERMS OF PAYMENT P,Ym.mm
ACCEPTANCE1 Company may oho
PRICING: mePst.�Y Jamlln:hn A;
sans m Par C,ntwnya nen.vn a
ask IDmmw�ninJ �m1aJe mY+ndA dl n
C_5TO31EA. CUMIANY
3, ...�_
SIGNATURE TILE-� SIGNATURE TITLE
^.xnpvy X u:x
bens.
THE INFORMATION CONTAINED IN THIS AGREEMENT iS CONFIDENTIAL. NEITHER THIS AGREEMENTNOK ITS
TERNIS MAY BE DISCLOSED TO THIRD PARTIES
?YJ
Gale Contractor Services
Llc N: RCE -906 (Idaho); CC" 13362 (Oregon)
2908 Brandt Ave Nampa, ID 87687.6856
{N11,0
Cunlaxwr
(V=)�"
Tel: (208)465-5201, Fax: (208) 465-0777
Services
WORKAGREEMENT
TO: CONTR\CTORSYORTHWEST
RE: MERIDIAN WWTP TANKS M. SUlAT10N
Job Addreut 34DI N 10 MILE ROAD BETWEEN CSTICK & MITCIIEL
Addle: 10340 w. EXECUTIVE DRIVE
MEMDIAN.ID
9mSE, ID317D
Alm,
Dme:01r'rr201J Espinton Oel¢Oaa?9201J
Td, 12031362.9056
Estimator. Vamiekle. Larry D Quote 0 209510 Vaaaton IOf 1
Pae
Subject to the leans and conditions stated in this agreement, Company is willing to furnish to Customer all material and labor required for
the Seem of Work described below:
or
(LOSE NOTICE. If cellulase Ism be applied With A wet spray application, you must allow adequate time for life cure and dry
installing drywall or other materials. The adequate time required varies depending upon climate, altitude and weather. Do not
,spar barriers, vapor retards, dry wall, or other interior finish until the material has dried to less than 201/6 moisture content. Time
will vary based on climate and weather. He sure to schedule your trades accordingly.
ig codes may require a thermal harrier or ignition barrier be applied to the spray applied ream insulation. A Ihennal barrier or
t bamicr I$ not included within the scope of this agreement of work unless specifically listed below.
Trade: INSULATION
Work Area Praduel Note$
ORAFTTUBE 2"PIPE& TANK WRAP Wl ASJ 43-x26'
.016 ALUMNUMJACKETINO Jfi'X 100'.SMOOTH __ -
Base Price: $1,205.00 ' — � � � � - _ _ Addltlonel lnformalion: . .
ANK SEAL R-172.5 NOMINAL INCHES CLOSED CELL FOAM
Notes: SPRAY FOAM INSTALLED AROUND
TOP PERIMETER CHANNEL OF TANK
TO SEAL THE ATTACHED LID
BAYBLOCK 700 ACRYLIC COATING
+5406,00
'IPING . - . , ... ` t,5 %P FIBERGLASS PIPE INSULATION' _
.016 ALUMINUM IACKETING CUT & ROLLED 1.5 K 2
NOTE: This agreement consists ofmultiple pages. If you donor receive rhe number ofpages noted below, please contact Company
directly az the telephone number stated above.
TERMS OF PAYMENT P,Ym.mm
ACCEPTANCE1 Company may oho
PRICING: mePst.�Y Jamlln:hn A;
sans m Par C,ntwnya nen.vn a
ask IDmmw�ninJ �m1aJe mY+ndA dl n
C_5TO31EA. CUMIANY
3, ...�_
SIGNATURE TILE-� SIGNATURE TITLE
^.xnpvy X u:x
bens.
THE INFORMATION CONTAINED IN THIS AGREEMENT iS CONFIDENTIAL. NEITHER THIS AGREEMENTNOK ITS
TERNIS MAY BE DISCLOSED TO THIRD PARTIES
?YJ
Subject to the terms and conditions stated in this agreement, Company is willing to furnish to Customer all material and labor required for
the Scope of Work described below:
Until: scop, ilia block, tiro stop (unC 7116.2.1 01 seq., lonnerly 2516(q, of locally- 'g0yl equivalent), and fire rated caulking are not
included within Company's Work unless specifically listed below, - 'S
CELLULOSE NOTICE. Ifccllulose is 10 be applied with a wet spray appli o _ must allow adequmc time for it to cure and dry
before installing drywall or other materials. The adequate time required 'd N
limate, attitude and weather. Do not
install veporhorricrs, vapor retards, dry wall, ar other interior finish anti t atcrlolcss Ihon 20°/. moistarc content Timc
la cure will vary based on climate and wemher. Besureloschcdulc d d ccordBuilding codes may require a thermal baffler or ignition barri applied to the sp11 [[qqem insulalian. A Ihcrmal bonier ar
ignition barrier is not Included within abc scope of this agree fwork unless speciJI- W.
NG-,_--._._-_
Price: 56.878.1
NOTE: This ngmementeonsists of multiple pages. If you do not receive the number of pages noted below, please contact Company
directly at die telephone number stated above.
TERMS OF PAYMENT: P,, In full due us smlN nn Intake wraNlus ofenyymnMamnymwnuyuu M1aw rvi,h IhiN panics.
ACCEPTANCE: Company mey uhangc roxYx i,hdmw ad,asn:nmw RCnwpany Joe, net make yvurdp,W=Mana on or sroe do Eapfmdwr Dow saalN AMre.
PRICING+TM1.p,nv nand ln,hk Aan•nwnr o'lllrcmsin 0nn for9a Jan aarr,AA Oat awwl abort. Ifwrf � re of,hi3hamememmrcnd.MwnJ dti, Jn.l�. ue6W r
rills ryn m •Anna stand.• any Awt All Adewdwna. amahmmu, UbdUks ar aMbiu atlad,N lees, "Bw Pfk vnrduJr any And Oil wmw+nd mnJillan, nmdptuly sknd
eosin imluJlna,vult., IlmOalen. any Abli'd.. bYCAnwAnY In mmu you umA,dkA ,.A.Adiaond io,umd un in, tnfuranac sulky: wpmviduperpmjm aygrryuw
mripr fm ae• lYork:,opankllwk to any Arvvu:anwllN. crap, orfbnibrimumucpmamnAra inJomnify w deYrnJ ymnr any IM1iNpmY awnany daMn.
wlnm an,h�u laoxulunfmry tlnJ ur nuwewhaso waren...... rhe Ilmind a,dnnmle in AAOrMn axn06k iy mnrnl. AnY remsur eunPubuna nyuhN br5nu by snuxl ur
.nhamlm In 1k iann w ry Iwvnsluenr .hit rh,t2 uTrlsely slaved Imhb Ay.n., alit nauh In adaidmnl ah'aryes a„ "r hasher Pring. Any sddiltual it pno.s l Is
sublee, m C"l.Ys @.'Arrant Viking lunhv, Cnmpmy mEmoim agn+•s in rditl Ou m Ihls rylremenl.
CUSTOMER: COMPAM
By: ....... ..... _---"-. B,r.-- "—"
SIGNATURE TITLE. SIGNATURE TITLE
CJA1p., yNorm Bali:
THE INFORMATION CONTAINED IN THIS AGREEMENT IS CONFIDENTIAL. NEITHER THIS AGREEMENT NOR ITS
TERMS MAY BE DISCLOSED TO THIRD PARTIES.
2af3
Gale Contractor Services
Lle#: RCE -906 (Idaho); CCB -113362 (Oregon)
Awa
2908 Brandt Ave Nampa, ID 83687-6856
Conlydr1ar
Tel: (208)465-5201, Fax: (2081465-0773
Services
WORK AGREEMENT
TO: CONTRACTORSNORTUIVEST
RE:NER101ANW `r TANK ROOF? INSULATION
Addrnu 10940w. EKECU7IVE DRIVE
Job Address: 3401 N TENMILE RD MERIDIAN, ID
BOISE. ID 83713
Alto:
Dere:mi3113014
Rfpinllan Dle:05A)In9I4
Tel-In")361-9056
Quote 9:2107072 version l of
Fal
Esmrul.r: Wnskklk Lowy D
Subject to the terms and conditions stated in this agreement, Company is willing to furnish to Customer all material and labor required for
the Scope of Work described below:
Until: scop, ilia block, tiro stop (unC 7116.2.1 01 seq., lonnerly 2516(q, of locally- 'g0yl equivalent), and fire rated caulking are not
included within Company's Work unless specifically listed below, - 'S
CELLULOSE NOTICE. Ifccllulose is 10 be applied with a wet spray appli o _ must allow adequmc time for it to cure and dry
before installing drywall or other materials. The adequate time required 'd N
limate, attitude and weather. Do not
install veporhorricrs, vapor retards, dry wall, ar other interior finish anti t atcrlolcss Ihon 20°/. moistarc content Timc
la cure will vary based on climate and wemher. Besureloschcdulc d d ccordBuilding codes may require a thermal baffler or ignition barri applied to the sp11 [[qqem insulalian. A Ihcrmal bonier ar
ignition barrier is not Included within abc scope of this agree fwork unless speciJI- W.
NG-,_--._._-_
Price: 56.878.1
NOTE: This ngmementeonsists of multiple pages. If you do not receive the number of pages noted below, please contact Company
directly at die telephone number stated above.
TERMS OF PAYMENT: P,, In full due us smlN nn Intake wraNlus ofenyymnMamnymwnuyuu M1aw rvi,h IhiN panics.
ACCEPTANCE: Company mey uhangc roxYx i,hdmw ad,asn:nmw RCnwpany Joe, net make yvurdp,W=Mana on or sroe do Eapfmdwr Dow saalN AMre.
PRICING+TM1.p,nv nand ln,hk Aan•nwnr o'lllrcmsin 0nn for9a Jan aarr,AA Oat awwl abort. Ifwrf � re of,hi3hamememmrcnd.MwnJ dti, Jn.l�. ue6W r
rills ryn m •Anna stand.• any Awt All Adewdwna. amahmmu, UbdUks ar aMbiu atlad,N lees, "Bw Pfk vnrduJr any And Oil wmw+nd mnJillan, nmdptuly sknd
eosin imluJlna,vult., IlmOalen. any Abli'd.. bYCAnwAnY In mmu you umA,dkA ,.A.Adiaond io,umd un in, tnfuranac sulky: wpmviduperpmjm aygrryuw
mripr fm ae• lYork:,opankllwk to any Arvvu:anwllN. crap, orfbnibrimumucpmamnAra inJomnify w deYrnJ ymnr any IM1iNpmY awnany daMn.
wlnm an,h�u laoxulunfmry tlnJ ur nuwewhaso waren...... rhe Ilmind a,dnnmle in AAOrMn axn06k iy mnrnl. AnY remsur eunPubuna nyuhN br5nu by snuxl ur
.nhamlm In 1k iann w ry Iwvnsluenr .hit rh,t2 uTrlsely slaved Imhb Ay.n., alit nauh In adaidmnl ah'aryes a„ "r hasher Pring. Any sddiltual it pno.s l Is
sublee, m C"l.Ys @.'Arrant Viking lunhv, Cnmpmy mEmoim agn+•s in rditl Ou m Ihls rylremenl.
CUSTOMER: COMPAM
By: ....... ..... _---"-. B,r.-- "—"
SIGNATURE TITLE. SIGNATURE TITLE
CJA1p., yNorm Bali:
THE INFORMATION CONTAINED IN THIS AGREEMENT IS CONFIDENTIAL. NEITHER THIS AGREEMENT NOR ITS
TERMS MAY BE DISCLOSED TO THIRD PARTIES.
2af3
Bid Summary
Plan
2107072 Version I Of I INSULATION 56,878.00
Prices Goad For Work Performed Through: May 01, 2014 Total Bid: $6,878.00
Bid Dale: January 31,2014 AK
700
Gale Contractor Servicer
Lie N: RCE -906 (Idaho); CCB -111362 (Oregon)
34ECU
2908 Brandt Ave Nampo, ID 81687-6856
�� ia,
Tel:(208)465-5201, Fax: (208) 465-0771
WORK AGREEMENT
TO: CONTRACTORS NORTHWEST
RE: MERIDIAN WWTP TANK ROOFI INSULATION
Add,.,: 10840w. EXECUTIVE DRIVE
Jab Addna: 7401 N TEN MILE RD MERIDIAN. ID
OOISE, ID 81713
Allo:
0a1r. O1,31014 E,Irulaa Daly. OSMIPA14
Ld;l (101)362.9056
Far.
EIIImwoD VansIckh%Lwry D
Bid Summary
Plan
2107072 Version I Of I INSULATION 56,878.00
Prices Goad For Work Performed Through: May 01, 2014 Total Bid: $6,878.00
Bid Dale: January 31,2014 AK
700
2-6-14
City of Meridian
Wastewater Division
3401 N. Ten Mile Road
Meridian, ID. 83646
Project: Meridian Fermentation & Odor #424845
RE: Request for Change Orders
ATT: Clint Dolsby
CNS
CONTRACTORS
NORTHWEST INC.
Contractors Northwest, Inc is pleased to provide a quotation for additional work for the
following:
COR # 28 Extension of project schedule from original date of 5-5-14 to new
completion date of 6-9-14. No Charge : $ 0.00
Please see attached scope of change for details on pricing for each of the above Change
Order Requests. We appreciate the opportunity to provide proposals for this work.
Respectfully submitted,
Duncan Goundry
Project Manager
Coeur d'Alene P.O. Box 6300, Coeur d'Alene, ID 83816-1936 // Phone: (208) 667-2456 // Fax: (208) 667-6388
Bolsa P.O. Box 190689, Boise, ID 83719-0689 // Phone: (208) 362-9656 // Fax: (208) 362-9701 ��� �`�
contractorenorthwest. cam
Idaho Contractors Registratlan M RCE 1919
Contractor; CONTRACTORS NORTHWEST, INC.
Project: Meridian W WTP Fermentation & Odor control - project # 424845
Reference:
Scope of change: Change Order Request No: 28
Project time extension from original completion date of 5-5-14 to 216/2014
new completion date of 6-9-14.
11 23 AM2/612014
Page 1 Sheet3Change Order Request 28
Item #
Description
Quantity
Price
Unit
Cast
1
Time extension of completion date
1.00
0.00
Is
0.00
2
0.00
3
0.00
4
0.00
5
0.00
6
0.00
7
0.00
8
0.00
9
0.00
10
0.00
1
11
0.00
12
0.00
0.00
0.00
0.00
Sales tax @ 6%
0.06
0.00
0.00
Project Manager
0.00
1 85.00
HR
0.00
Superintendent
0.00
80.00
HR
0.00
Clerical - office
_ 0.00
40.00
HR
0.00
Labor - clean-up
0.00
32.00
HR
0.00
0.00
Sub -total
0.00
Overhead & Profit CNI provided @ 10%
1.00
0.00
0.10
0.00
Bond rate
1.00
0.00
0.01500
0.00
Liability Insurance
1.00
0.00
0.00550
0.00
Builders risk insurance
1.00
0.00
0.00350
0.00
Total
$0
11 23 AM2/612014
Page 1 Sheet3Change Order Request 28
Bid Summary
Quote 8 Plan Trade Total
2095101 Version I Of I INSULATION $1,205.00
Priced Good For Work Performed Through: April 22, 2014
Did Date: January 22, 2014
I If
Total Bid. 51,205,00
Gate Contractor Services
Lie 0: RCE -906 (Idaho); CCR -1!3362 (Oregon)
2908 Brandt Ave Nampa, ID 83687-6856
NMI)
Conlraclor
Tel: (208) 4655201, Fax: (208) 465-0773
�I�
WORK AGREEMENT
TO: CONTR%CfORS NORTBWEST
BE: MERIDIAN WIMP TANKS I INSULATION
Address 10840 w. EXECUTIVE DRIVE
Jab Address: 3401 N 10 MILE ROAD BETWEEN USTICK & MITCNBL
BOISE, ID 83713
MERIDIAN, m
Ana:
Date: OIPM014 ExpInIka Date: 04PJ-014
Te6 (208)361-9056
Estisoxbr: Vanskkla, Levy D
Rax:
Bid Summary
Quote 8 Plan Trade Total
2095101 Version I Of I INSULATION $1,205.00
Priced Good For Work Performed Through: April 22, 2014
Did Date: January 22, 2014
I If
Total Bid. 51,205,00
aThis in., diffam. fressdie.cdmanu made
addition ro or diRertm from thou mnmincd herein
uunnd to all terms and conditions contained M1emin irony pan ofthe product arwone described noon are pmwdm or
h: Limited Wmmry. Limimtian ofRcmediu end Limitatlom on Actions and Uabiliry provisions setfoNr below. You
c based on the enfa¢mbiliry oftheu terms and canditions. and on On Limited Wamrnry. Limitation of Remedies and Limimnm
claw. goodie price would be Wmar ully higher ilCompury could not limit its liability as herein provided, and that you accept
2, LIMITED WARRANTY. All work performed by Company is w nWd to be ace from dance¢ in mated.] and workmanship far one year ft. the dem of
completion of the installation subject to die terms below. Company makes no warranties regarding mandate; sold bur assigns to you any mmufaztur¢ wamndes
relating on the product, THIS EXPRESS WARRANTY IS IN LIEU OF AND EXCLUDES ALL OTHER WARRANTIES, WHETHER EXPRESSED,
IMPLIED OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FORA PARTICULAR PURPOSE. This
limited waremry does not cover dmanges minting . (al azeidmt. mise. ehme, region. or ramal wear and tar. Hd failure a. uta m maintain die produW in
azcmdmce witheto, thnr. inswuwu: ands and
it
repairby myope WarrthenCompany or its my damages
rendndve,Youshell be
mlely responsible for the coememess of the plans and spenlm na[s .nth shall mi lig and hold ct oro Company ham any damage resulting bora improper,
in i, mato or vague In tirmabon supplied by you. Company does not wkc on any abliguion oo impea ormalmu rhe work ¢father pmies in any manner or aspect.
This wamnry is tat mnumble.
3. INSURANCE. Company shall maintain workers compensation (emplimer liability], W required by Was. and S1.000,000 in general Ianiny Imuran¢ while
performing the work Company reserves the right m be self insured m the .mm allowed by applicable law. Company dues Rod agree to mare my other persons or
mid, ostddili...I insureds.
A. LIMITATION OF REMEDIES, Your sole and .elusive remedy attains, Company for my and .11 claims for damages arising on, of ey alleged to have
arisen our the Work will W limited .,he repair or mphcemcm by Company, at Company's optimn, of my nommnkmming work or to the Issuance of. credit for such
nanconfoming work in simulative with these turns and conditions provided Company is given a reammble oppommiry to impar the .,it and mnfims such
mnconfomiry.
nil .clusi a rcmdy shall not be deemed to have haled mf m csamami pmpow, an long as Company is willing and able to repair or m,1.. the
nonconforming work and. in any evens Company's randru m liability far my damages shall be limited an the Tend amount paid to Company for the Work miler this
agreement. This Limitation or Remedies clause shall apply to the parties to this agreement as well as to the mrzeno owmQsl of the project and i W their respective
succnw¢ and assiSm. If you receive a claim for damages by my owner arising out of in alleged to have arisen out or the Work, you agree in give write notice to
Company ofthe claim and psevO, Company An oppmardY m Inspect the alleged damages within 30 days Wile, Company's notip, of the retire. Ifyou fail to give rhe
requital ..He. No, fail to allow Company m eup... try to inspect rhe allege damages within 30 days, you hereby waive my and all rights for damages anNm
correction of work against Company. This Limindons of Remedies maybe plead ss s mmpkm bars. any aztim in vhhtion erthiz deme
5. LIMITATIONS ON ACTIONS AND LIABILITY. All deims md/ar lawsuit including bra not limited m.hims or lawsuit fm Indemnity mdfor
contrbution against Company arising under this agreement must ba made within 13 months Fmm the Jett ohompledon of roc iumllmion. COMPANY WILL NOT
BE LIABLE FOR ANY LOSS, DAM,%GE OR INJURY RESULTING FROM DELAY IN DELIVERY OF THE PRODUCTS OR FOR ANY FAILURE TO
PERFORM THAT IS DUE TO CIRCUMSTANCES BEYOND ITS CONTROL COMPANY DISCLAIMS ALL LIABILITY FOR ANY AND ALL
DAMAGE WHICH MIGHT BE SUSTAINED BY ANY PERSON WHO MAY BE ALLERGIC TO OR AFFECTED BY TILE EMNATION OF
PARTICLES FROM CERTAIN TYPES OF INSULATION. THE MAXIMUM LIABILITY, IF ANY, OF COMPANY FOR ALL DAMAGES, INCLUDING
WITHOUT LIMITATION CONTRACT DAMAGES AND DAMAGES FOR INJURIES TO PERSONS OR PROPERTY, WHETHER ARISING FROM
COMPANY'S BREACH OF THIS AGREEMENT', BREACH OF WARRANTY, NEGLIGENCE, 9MLT LIABILITY OR OTHER TORT WITH
RESPECT TO THE PRODUCTS, OR ANY SERVICES IN CONNECTION WITH THE PRODUCTS, IS LIMITED TO AN AMOUNT NOT TO EXCEED
THE CONTRACT PRICE. IN NO EVENT SHALL COMPANY BE LEABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, LIQUIDATED, OR
SPECIAL DAMAGES, INCLUDING WITHOUT LIMITATION, LOST REVENUES AND PROFITS, ATTORNEYS FEES ANDIOR COSTS EVEN IF IT
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE RIGHT TO RECOVER DAMAGES WITHIN THE LIMITATIONS
SPECIFIED 15 YOUR EXCLUSIVE REMEDY IN THE EVENT TIAT ANY OTHER CONTRACTUAL REMEDY FATS OF ITS ESSENTIAL
PURPOSE.
6. PRICES, TERMS AND SHIPMENT. Norah Ottoman. lauskehouges, set aft mmmmmdums areallowdtalesspaVOedby Company. in addition
lathe prices spacifled. you agree to pay any fubml, sore .,?.,a] .nim, me, occupmi mad. or similar was new in fore or to be enanred in dm fume, us and against
Coenpmy or you by rm n althu ==coon. No mrcndon is pernlned talus Company alma other ;,e it writing. Any put due payment will be, u Company's
option,subjectmded to oIJVteamonm (MS You
agre 10 r rhe extortpsmim-0by law. Youaloesrod,rorl(arpema Campmyareceive) near theworksite,
my mmerials needed m sampler. the and You agree m promet sura meoeuils arta damage le loss and provide Company. Ree of charge, with ..able o use of
Cmispaeaeecives wer,nnrage1. Comfort,
.h., hl...eean and hors¢ ssmmani h.pb ailmeteriadyfares Water hisagrdo"mhallnatify. myov mall
Campmy receives payroem in full Company may ehmge yauafce mdit uncal.p.ns<s ifthejob rim is norrmdy hrwork on rhe due you specify.
7. FORCEMAJEURE. C¢mpenyshul not be liable for myd.ry, failurte, ordebutln Mureaanccolthie agrtmmtmmismone. In wade ormpaircaund
by it. tworr ma of my contingency beyead the mmol eirher.fCompany or of suppliers to the Company. Such contingencies include but am not limited to hi]ure
an delay in transportation. ants of my govemmrnt or my agency or subdivision mWorj.dicial actin, labor dispmu, Ire, accident. tats of moue, sevens wanner.
producr ulacedm m shomgu. labor shormga, hal sh.mga. nw memnal shoneg., machinery or saaucal lallurt, or work that mmol be eomplbmd bemuse of
morhec Campmyreveringtheeminentpardon it thebuilding.IfsWmmingmdy coeurs, Campmymayng,o. produedon, deliveries, and petfommtt of work
mrmg i¢ customers orsubadmm suhstmoally similar mmcriala In i¢ soln uurttion, without liability for doing so.
8. CONFIDENTIALITY. Ifyou visit Company's prtmiuz or you otherwise receive my propdehry orconftlmtiu infomatian ham Campmy. ymu soul ¢min
taco infoermden as confidmdu and mouse ordisclou it to my thW perry wilhom Campmy's writer mnsena
9. CREDIT APPROVAL. Shipment and delivery of goods and performance of work shall at all drums be subject to the appmvu of Compmy's credit
department and Company ..yet my time dedicate make my shipment ordclivey, or parfom my work except upon reaipt¢f payment or upon wars and conditions
ecuriry. sadsfazery m Campmy. By signing this agreement, you mthoeiae Company to check your credit and mfimerm s.
10. CANCELLATION. This agrtmenL or my Two of is, may only be ..celled with Company's W. a,,..L Ira the event of condition of this
agreemena nr my pm hereof. you shall pay: (al the comraet priev fall completed name: (b) twepotoroldw contromprieethat is equal mLhadegreeofmmpletlen
of products ar work in proms, irf.rive m the dem Company receives nate of cmeellm..: Codes cou of my materials and supplies which Company shell hove
purchased to perform and which cannot be readily mold or used for other or shNlar purposes: (d) a rest.,king fm: and (el my expense Incumd by Company
[including legal fees mdjudgmema) a a result ¢robe mncellnian ofsubcmoac¢ or pumhues related in this agrement
11. DEFAULT. You may tnminate this agaermen[ for Company's defauia wholly or in pan. by giving Campmy writer nmice eReminanon ss follows. You
may give . wdue. mitt of teminmi in only if Company has received a anion. mine. ft. you specifying such default, the default Is net ..able ender my
provision hereof, and doe default has not been mmedied within thins 1301 days (.,such ]anger Most as may be ...able order the cimumsunm) alter Company's
receipt eCtbe nodes of defaila Delivery of nonconfoming pedmt or work by Campmy soul give you oho right set fano in pmgaph i hereof but shall tar be
deemed is defauh Bir p..... of oamianon. In the event of u m mama, far dehulc you shall be rtdievcd of rhe obligation to pay for work nor perfumed by
Company prior m the off rive dem of such semination. A default on Company's pan shall not subjeco Company to liabdiry, through payment by Company. set off or
mherwiss. farany otherJarmge, whedandirect. consequential orincidmal, and whether sought under dead. ufmmmrt or tort.
12. ASSIGNMENT. You maynm usign chis agrtmem ao any claim aloins. Company relating res rM1is agrtemenc
13, GOVERNING LAW. This agrtemmo shall be mummies. interpreted and the rights arrhe Mies dclinumedin azcutdame with the laws ofthe Sum of
Compmy's addres rim Itso.dm rhe front of this agmcmenc
13. DISPUTES AND MANDATORY MEDIATION. In the even Wo a dupum vises ova rhe ressanableness of or mdtlemem m fs eM1arged by
Company, pe topg party will be emitled m tion die
ie anomepr fees and cast. in all other dtpumn ofmy name. mea nary shall pay it own fes and asst.
Erceposs unpavedm pmenconhdennallnfomanen and mobtain preliminary injunctive relief us prevent irtepamble hum,yen and the Company magree nrhesprior to
rhe Initiation ofany legal anon she penia svitl engage in faelim,ive mmhedun ofmy and all disputes in my way related oo tht alrtmenr. I(the panics cannot agmc
upon. ic..Each medhm, withiny't J.yscfees the dlepme.unse,00e,anduretarde magnuo oh.0mmmmialMdimlan Rules of rhe Americm Abimtian
Mseci.dan. Each pony will short equally the fees Fun, fazilimrv<mediam, and costs of oho medieoion.
15. INSULATION DOES NOT PREVENT FROZEN PIPES. Insulating around water lines in an unconditioned or s.mi-condinomd vea will not
prevent pipes Ram Seem, a, accumulating condemadun. To Jecrmm the possibility of banes pipes. lame my water pipes within a conditioned arca such u
imervl wills mohcnhan ramal walls IlYau da nm lumen the pipes within m mmmol walk you hold Company hamlets and rete.. Company Erma any nhMs
relating to ft.. or burst pipes.
16. SEVERABILITY. If my pownum an this'ralraem to not enfoneW,le. ohms pmvbmn ;hull be effective only m die event pemind by law and all other
point ... s ordas "neon, diAl mount
17, ENTIRE AGREEMENT. Tom msttummt cenmim;he inure agrecmmo of the pant. rchamg to the mbleer matter hemur snit may ..to be waivcd.
ehurgd, modified axmndcd m discharged urmly by a wtiting .,,cd Sy rhe parry ag.uml whom mfotmen, ofmy such waver, change. muduimnon. estenamn or
Jmnhmge is sough.. The tams sod:omlthurt of rhmagteemenrupende any ageeemrnt in which it is notched.
IS. INDEMNITY. Each of rhe pmre m:hu a,tw ent agtm:o defend and indemnity me another fmmmy and Al amens. suns mdse luwsmt mused ay the
parry: ale;ligmt act ur oro sWai. Tbt lndarron. clause and 'he obligations crmted hwm n,lull cental and rake pmnry over any contrary indemnity agreement
mmrallima rira rotht ageemenc Fmdtemme,Ori indwwrmyclauw and the obligaions-erawarercm shall wmrd and rakc;mmiyovenmmmaey;ndemntry
agrccmem emend taro uOwa,em m tht ay¢emmwnlas the remequem ay .anent sotnholly refer, m this mdmiroy clause and Jeclams ¢null and void.
Meridian City Council Meeting
DATE: April 22, 2014 ITEM NUMBER: 5H
PROJECT NUMBER: FP 14-016
ITEM TITLE: Casa Bella
FP 14-016 Casa Bella Subdivision by Providence Properties, LLC Located 5555 N. Locust
Grove Road Request: Final Plat Approval Consisting of Twenty -One (21) Building Lots
and Four (4) Common/Other Lots on 14.69 Acres of Land in the L -O and R-8 Zoning
Districts
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: April 22, 2014 ITEM NUMBER: 6
PROJECT NUMBER:
ITEM TITLE:
Items Moved From Consent Agenda
MEETING NOTES
vt&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
Meridian City Council Meeting
DATE: April 22, 2014 ITEM NUMBER: 7A
PROJECT NUMBER: TEC 14-004
ITEM TITLE: Ambercreek
Public Hearing Continued from April 15, 2014: TEC 14-004 Ambercreek by Trilogy Idaho
Located Southwest Corner of W. McMillan Road and N. Meridian Road Request: One
(1) Year Time Extension on the Preliminary Plat in Order to Obtain the City Engineer's
Signature on Final Plat
uD
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: April 22, 2014 ITEM NUMBER: 7B
PROJECT NUMBER: FP 14-012
ITEM TITLE: Ambercreek
Continued from April 15,2014: FP 14-012 Ambercreek No. 2 by Trilogy Idaho Located
Southwest Corner of W. McMillan Road and N. Meridian Road Request: Final Plat
Approval Consisting of Fifty -Four (54) Single Family Residential Building Lots and Two (2)
Common Lots on 10.58 Acres of Land in an R-8 Zoning District
MEETING NOTES
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: April 22, 2014 ITEM NUMBER:
PROJECT NUMBER: FP 14-017
ITEM TITLE: Gramercy Heights
FP 14-017 Gramercy Heights Subdivision No. 1 by The Westpark Company, Inc.
Located South of E. Overland Road and West of S. Eagle Road on E. Griffon Street
Request: Final Plat Approval Consisting of Six (b) Building Lots on 1.01 Acres of Land in
the R-15 Zoning District
MEETING NOTES
D
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: April 22, 2014 ITEM NUMBER: 7D
PROJECT NUMBER: VAC 14-003
ITEM TITLE: Jayker No. 1
Public Hearing: VAC 14-003 Jayker No. 1 (Lots 15 & 16, Block 1 1) by The Club at
Spurwing LLC Located North of Chinden Boulevard and East of N. Jayker Way
Request: Vacate a Portion of the 10 -Foot Wide Public Utility, Drainage and Irrigation
(PUDI) Easement Along the Shared Lot Lines of Lots 15 and 15 AND Lots 16 and 17,
Block 11 Platted with Jayker Subdivision No. 1
MEETING NOTES
APPROVED
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: April 22, 2014 ITEM NUMBER:
PROJECT NUMBER: MDA 14-005
ITEM TITLE: Northpointe Commercial
Public Hearing: MDA 14-005 Northpointe Commercial by Blackhawk/Meridian, LLC
Located Northwest Corner of W. McMillan Road and N. Linder Road Request: Amend
the Recorded Development Agreement (Instr. #103181095) to Remove the
Requirement of Obtaining Detailed Conditional Use Permit for the Commercial Lots
MEETING NOTES
Community Item/Presentations Presenter Contact Info./Notes
CLERKS OFFICE FINAL ACTION
DATE:
E-MAILED TO
STAFF
SENT TO
AGENCY
SENT TO
APPLICANT
NOTES
INITIALS
Meridian City Council Meeting
DATE: April 22, 2014 ITEM NUMBER: 7F
PROJECT NUMBER: RZ 14
ITEM TITLE: Reardon Subdivision
Public Hearing: RZ 14-002 Reardon Subdivision by CS2, LLC Located Southwest Corner
of W. Cherry Lane and N. Summertree Way Request: Rezone Approximately 2.20 Acres
from the R-4 (Medium -Low Density Residential) Zoning District to the R-8 (Medium -
Density Residential) Zoning District
MEETING NOTES
APPROVED
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: ADM 22. 2014
ITEM TITLE: Reardon Subdivision
ITEM NUMBER:
PROJECT NUMBER: PP 14-003
Public Hearing: PP 14-003 Reardon Subdivision by CS2, LLC Located Southwest Corner
of W. Cherry Lane and N. Summertree Way Request: Preliminary Plat Approval of Ten
(10) Single Family Residential Lots and Four (4) Common/Other Lots on Approximately
1.96 Acres in a Proposed R-8 Zoning District
MEETING NOTES
Community Item/Presentations Presenter Contact Info./Notes
CLERKS OFFICE FINAL ACTION
DATE:
E-MAILED TO
STAFF
SENT TO
AGENCY
SENT TO
APPLICANT
NOTES
INITIALS
Meridian City Council Meeting
DATE: April 22, 2014 ITEM NUMBER: 7H
PROJECT NUMBER: VAC 14-002
ITEM TITLE: Reardon Subdivision
Public Hearing: VAC 14-002 Reardon Subdivision by CS2, LLC Located Southwest
Corner of W. Cherry Lane and N. Summertree Request: Vacate the Private Drain Field
Easement on Lot 2, Block 1 and Note #6 Platted with the Hearthstone Subdivision
MEETING NOTES
Community Item/Presentations Presenter Contact Info./Notes
CLERKS OFFICE FINAL ACTION
DATE:
E-MAILED TO
STAFF
SENT TO
AGENCY
SENT TO
APPLICANT
NOTES
INITIALS
-7 F- tt
Machelle Hill
From:
Bill Parsons
Sent:
Tuesday, April 22, 2014 4:04 PM
To:
Jacy Jones; Jaycee Holman; Machelle Hill
Subject:
FW: Reardon subdivision
4'�T`�i 41A1 vo M1
Clerks,
Please include the attached email testimony in tonight's City Council packet. --..
Thanks,
-----Original Message -----
From: Tammi Turpin [mailto:tammiturpin@yahoo.com]
Sent: Tuesday, April 22, 2014 3:59 PM
To: Bill Parsons
Cc: John Turpin; Bob Unger
Subject: Reardon subdivision
Mr. Parsons,
After our phone call this afternoon, my husband and I are hesitant to agree with the Reardon subdivision plan. We want
1490 N Jones Creek to remain accessible from Cherry Avenue. We are also opposed to changing our street name. We are
still trying to work something out with Cory Swain and Bob Unger. Please use this at tonight's City Council meeting.
Thank You,
Tammi Turpin
Sent from my iPhone
APR
Bill Parsons, AICP
GI7Y OF
Associate City Planner
CITY CLERKS OFFICE
Community Development Department
33 E. Broadway Avenue
Meridian, Idaho 83642
PHONE: (208) 884-5533
FAX: (208) 888-6854
bparsons@meridiancitv.org
-----Original Message -----
From: Tammi Turpin [mailto:tammiturpin@yahoo.com]
Sent: Tuesday, April 22, 2014 3:59 PM
To: Bill Parsons
Cc: John Turpin; Bob Unger
Subject: Reardon subdivision
Mr. Parsons,
After our phone call this afternoon, my husband and I are hesitant to agree with the Reardon subdivision plan. We want
1490 N Jones Creek to remain accessible from Cherry Avenue. We are also opposed to changing our street name. We are
still trying to work something out with Cory Swain and Bob Unger. Please use this at tonight's City Council meeting.
Thank You,
Tammi Turpin
Sent from my iPhone
DATE
CITY OF MERIDIAN
CITY COUNCIL
PUBLIC HEARING SIGN-UP SHEET
April 22, 2014
ITEM # 717, G & H
PROJECT NUMBER RZ 14-002, PP 14-003, VAC 14-002
PROJECT NAME Reardon Subdivision
PLEASE PRINT NAME
iw1mw
CITY CLERKS
FOR I AGAINST IN
X
Meridian City Council Meeting
DATE: April 22, 2014 ITEM NUMBER:
PROJECT NUMBER: AZ 14 -
ITEM TITLE: Amberwave
Public Hearing: AZ 14-004 Amberwave Subdivision by The Land Group, Inc. Located
Southwest Corner of W. McMillan Road and N. Meridian Road Request: Annexation of
Approximately 5.56 Acres from RUT in Ada County to the R-15 (Medium High Density
Residential) Zoning District
MEETING NOTES
141
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
TE: April 22, 2014 ITEM NUMBER:
PROJECT NUMBER: PP 1
ITEM TITLE: Amberwave
Public Hearing: PP 14-002 Amberwave Subdivision by The Land Group, Inc. Located
Southwest Corner of W. McMillan Road and N. Meridian Road Request: Preliminary
Plat Approval of Twenty -Seven (27) Single Family Residential Lots and Three (3)
Common Lots on Approximately 4.70 Acres in the Proposed R-15 Zoning District
MEETING NOTES
Community Item/Presentations Presenter Contact Info./Notes
CLERKS OFFICE FINAL ACTION
DATE:
E-MAILED TO
STAFF
SENT TO
AGENCY
SENT TO
APPLICANT
NOTES
INITIALS
Meridian City Council Meeting
DATE: April 22, 2014 ITEM NUMBER:
PROJECT NUMBER:
ITEM TITLE: The Oaks North and South
Ordinance No. 14 _ Flo 0D-- AZ 13-008 / RZ 13-008 The Oaks North and South
MEETING NOTES
CLERKS OFFICE FINAL ACTION
DATE:
E-MAILED TO
STAFF
SENT TO
AGENCY
SENT TO
APPLICANT
NOTES
INITIALS
ADA COUNTY RECORDER Chrislopher 0. Rich AMOUNT .00 22
BOISE IDAHO 04125114 10:55 AM
DEPUTY Bonnie Oberbillig III IIIIIIII�IIIIIIIIIIIIIIIIII VIII
RECORDED-REQUESTOF 11 #[+3k�373
Meridian Ciry
CITY OF MERIDIAN ORDINANCE NO.
BY THE CITY COUNCIL: BIRD, BORTON, CAVENER,
MILAM, ROUNTREE, ZAREMBA
AN ORDINANCE (AZ 13-008 & RZ 13-008 - OAKS NORTH AND SOUTH
SUBDIVISION) FOR ANNEXATION AND REZONE OF PARCELS OF LAND LOCATED IN
THE NORTH r/2 OF SECTION 33, TOWNSHIP 4 NORTH, RANGE 1 WEST, BOISE
MERIDIAN, ADA COUNTY, IDAHO, AS DESCRIBED IN ATTACHMENT `°A" AND
ANNEXING CERTAIN LANDS AND TERRITORY, SITUATED IN ADA COUNTY, IDAHO,
AND ADJACENT AND CONTIGUOUS TO THE CORPORATE LIMITS OF THE CITY OF
MERIDIAN AS REQUESTED BY THE CITY OF MERIDIAN; ESTABLISHING AND
DETERMINING THE LAND USE ZONING CLASSIFICATION OF SAID LANDS FROM
RUT, R-4, R-8 AND R-15 TO R-4 (MEDIUM LOW DENSITY RESIDENTIAL DISTRICT)
(221.55 ACRES); R-8 (MEDIUM DENSITY RESIDENTIAL DISTRICT) (155.31 ACRES); R-
15 (MEDIUM HIGH DENSITY RESIDENTIAL DISTRICT) (52.05 ACRES) AND L -O
(LIMITED OFFICE DISTRICT) (5.54 ACRES) IN THE MERIDIAN CITY CODE;
PROVIDING THAT COPIES OF THIS ORDINANCE SHALL BE FILED WITH THE ADA
COUNTY ASSESSOR, THE ADA COUNTY RECORDER, AND THE IDAHO STATE TAX
COMMISSION, AS REQUIRED BY LAW; AND PROVIDING FOR A SUMMARY OF THE
ORDINANCE; AND PROVIDING FOR A WAIVER OF THE READING RULES; AND
PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY
OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO:
SECTION 1. That the following described land as evidenced by attached Legal Description
herein incorporated by reference as Exhibit "A" are within the corporate limits of the City of
Meridian, Idaho, and that the City of Meridian has received a written request for annexation and re-
zoning by the owner of said property, to -wit: Coleman Homes, L.L.C.
SECTION 2. That the above-described real property is hereby annexed and re -zoned from
RUT, R-4, R-8 and R-15 to R-4 (Medium Low Density Residential District) (221.55 acres); R-8
(Medium Density Residential District) (155.31 acres); R-15 (Medium -High Density Residential
District) (52.05); and L -O (Limited Office District) (5.54 acres), in the Meridian City Code.
SECTION 3. That the City has authority pursuant to the laws of the State of Idaho, and the
Ordinances of the City of Meridian to annex and zone said property.
SECTION 4. That the City has complied with all the noticing requirements pursuant to the
laws of the State of Idaho, and the Ordinances of the City of Meridian to annex and re -zone said
property.
ANNEXATION - OAKS NORTH & SOUTH SUBDIVISION (AZ 13-008 & RZ 13.008) Page I of 3
SECTION 5. That the City Engineer is hereby directed to alter all use and area maps as well
as the official zoning maps, and all official maps depicting the boundaries and the zoning districts of
the City of Meridian in accordance with this ordinance.
SECTION 6. All ordinances, resolutions, orders or parts thereof in conflict herewith are
hereby repealed, rescinded and annulled.
SECTION 7. This ordinance shall be in full force and effect from and after its passage,
approval and publication, according to law.
SECTION 8. The Clerk of the City of Meridian shall, within ten (10) days following the
effective date of this ordinance, duly file a certified copy of this ordinance and a map prepared in a
draftsman manner, including the lands herein rezoned, with the following officials of the County of
Ada, State of Idaho, to -wit: the Recorder, Auditor, Treasurer and Assessor and shall also file
simultaneously a certified copy of this ordinance and map with the State Tax Commission of the State
of Idaho.
SECTION 9. That pursuant to the affirmative vote of one-half (1/2) plus one (1) of the
Members of the full Council, the rule requiring two (2) separate readings by title and one(]) reading in
full be, and the same is hereby, dispensed with, and accordingly, this Ordinance shall be in full force
and effect upon its passage, approval and publication.
PASSED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this
day of 4a, , 2014.
APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this
.� day of PS-Dn...Q , 2014.
ATTEST:
JAYCEE . HOLMAN, CITY
de WEERD
ANNEXATION — OAKS NORTH & SOUTH SUBDIVISION (AZ 13-008 & RZ 13-008) Page 2 of 3
STATE OF IDAHO, )
) ss:
County of Ada )
On this P.;L day ofl;!t� ,- , 2014, before me, the undersigned, a Notary Public
in and for said State, personally appeared TAMMY de WEERD and JAYCEE L. HOLMAN,
known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who
executed the within instrument, and acknowledged to me that the City of Meridian executed the
same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day
and year first above written.
,... a"
(SEAL) :
X' --A
' �Nti'` e
s
a GJ ®T
P �
•s°97E O� ®��
NOVARY PUBLId FOR IDA
RESIDING AT: % le. i rel tai `t j�
MY COMMISSION EXPIRES: VG N LI
ANNEXATION - OAKS NORTH & SOUTH SUBDIVISION (AZ 13-008 & RZ 13-008) Page 3 of 3
Exhibit A
Legal Descriptions for the Annexation and Rezone
July 9, 2013
DESCRIPTION FOR R-4 ZONE ANNEXATION PARCEL
PROPOSED OAKS SOUTH SUBDIVISION
A parcel of land located in the N'/2 of Section 33, T. 4N., RAW., B.M. Meridian, Ada
County, Idaho, more particularly described as follows:
Commencing at the Northwest corner of the said Section 33, from which the North 1/4
corner of said section bears South 89°16'58" East, 2635.25 feet; thence along the north
boundary of the NW '% of said section South 89°16'58" East, 1317.67 feet to the northwest
corner of the E''/2 of the NW 1/4 of said section; thence along the west boundary of said E'/a of
the NW "/4 South 00°30'58" West, 702.15 feet to the POINT OF BEGINNING;
thence North 58°06'55" East, 56.81 feet;
thence North 75°35'33" East, 44.23 feet;
thence South 89016'58" East, 605.00 feet;
thence South 00"43'02" West, 45.00 feet;
thence South 89'16'58" East, 221.58 feet to a point of curvature;
thence 291.40 feet along the arc of a curve to the left, said curve having a radius of
300.00 feet, a delta angle of 55°39'15", and a long chord bearing North 62053'25" East,
280.08 feet to a point of compound curvature;
thence 22.74 feet along the arc of a curve to the left, said curve having a radius of
400.00 feet, a delta angle of 03°15'26", and a long chord bearing North 33°26'05" East, 22.74
feet to a point on a curve;
thence 121.86 feet along the are of a non -tangent curve to the right, said curve having
a radius of 300.00 feet, a delta angle of 23°16'24", and a long chord bearing South 46°33'39"
East, 121.02 feet;
thence North 58°57'32" East, 159.20 feet;
thence South 29°48'22" East, 75.02 feet;
thence South 36°44'57" East, 70.80 feet;
thence South 45°02'43" East, 83.43 feet;
thence South 56°05'04" East, 78.26 feet;
thence South 68°00'46" East, 75.00 feet;
Oaks North and South Subdivisions—(AZ-t3-008; RZ-13-008)
thence South 76°05'15" East, 75.00 feet;
thence South 86021'57" East, 74.91 feet;
thence North 87°53'29" East, 681.15 feet;
thence North 65°09'33" East, 88.92 feet;
thence South 89°31'36" East, 50.00 feet to a point on the east boundary of the W'/� of
the NE 1/4 of said Section 33;
thence along said east boundary South 00028'24" West, 936.32 feet;
thence leaving said boundary South 86°27'13" West, 249.29 feet;
thence South 88°55'20" West, 854.30 feet;
thence North 88°19'22" West, 243.62 feet;
thence North 74°47'14" West, 175.88 feet;
thence North 76°44'37" West, 2499.95 feet to a point on the west boundary of said
Section 33;
thence along said west boundary North 00°32'39" East, 101.67 feet;,
thence leaving said boundary South 76°42'20" East, 1259.37 feet;
thence South 89°17'19" East, 89.90 feet;
thence North 00°30'58" East, 614.45 feet to the POINT OF BEGINNING. Containing
59.72 acres, more or less.
REVIE l-PP)MAL
t3Y JUL i.5 %013_...:.x:
Nd6RIDIAN O0R4MUNITY
DEVELOPMENT DEP-1.
Oaks North and South Subdivisions — AZ -13-008; RZ-13-008; PP -13-013; PP -13-014 and MDA -13-015
PAGE 42
July 9, 2013
DESCRIPTION FOR R-8 ZONE ANNEXATION PARCEL
PROPOSED OAKS SOUTH SUBDIVISION
A parcel of land located in the N''/2 of Section 33, T. 4N., RAW., B.M., Meridian, Ada
County, Idaho, more particularly described as follows:
Commencing at the Northwest corner of the said Section 33, from which the North Y
corner of said section bears South 89°16'58" East, 2635.25 feet; thence along the north
boundary of the NW'/a of said section South 89°16'58" East, 1317.67 feet to the northwest
corner of the East '/z of the NW 1/4 of said section, the POINT OF BEGINNING;
thence continuing along said north boundary South 89016'58" East, 1317.68 feet to the
N''/n corner of said Section 33;
thence along the north boundary of the NE %< of said section South 89°16'45" East, .
1317.68 feet to the NE corner of the W % of the NW Y of said Section 33; I
thence along the east boundary of said W'/2 of the NW 1/4 South 00°28'24" West,
751.22 feet;
thence leaving said boundary North 89°31'36" West, 50.00 feet;
thence South 65009'33" West, 88.92 feet;
thence South 87°53'29" West, 681.15 feet;
thence North 86°21'57" West, 74.91 feet;
thence North 76°05'15" West, 75.00 feet;
thence North 68000'46" West, 75.00 feet;
thence North 56°05'04" West, 78.26 feet;
thence North 45°02'43" West, 83.43 feet;
thence North 36044'57" West, 70.80 feet;
thence North 29°48'22" West, 75.02 feet;
thence South 58057'32" West, 159.20 feet to a point on a curve;
thence 121.86 feet along the arc of a non -tangent curve to the left, said curve having a
radius of 300.00 feet, a delta angle of 23°16'24", and a long chord bearing North 46033'39"
West, 121.02 feet to a point on a curve;
Oaks North and South Subdivisions — AZ -13-008; RZ-13-008; PP -13-013; PP -13-014 and MDA -13-015
PAGE 43
thence 22.74 feet along the arc of a non -tangent curve to the right, said curve having a
radius of 400.00 feet, a delta angle of 03°15'26", and a long chord bearing South 33°26'05"
West, 22.74 feet to a point of compound curvature;
thence 291.40 feet along the arc of a curve to the right, said curve halving a radius of
300.00 feet, a delta angle of 55°39'15", and a long chord bearing South 62053'25" West,
280.08 feet to a point of tangency;
thence North 89°16'58" West, 221.58 feet;
thence North 00°43'02" East, 45.00 feet;
thence North 89016'58" West, 605.00 feet;
thence South 75°35'33" West, 44.23 feet;
thence South 58°06'55" West, 56.81 feet to a point on the west boundary of the E %of
the NW 1/4 of said Section 33;
thence along said west boundary North 00°30'58" East, 702.15 feet to the
POINT OF BEGINNING. Containing 43.32 acres, more or less.
1118
o F a5�/
REVIE��', pp�OVA�
BY
PdERID V N61'imt'kiNIr
Dc1ELrc -14
T DEPT.
Oaks North and South Subdivisions —AZ -13-008; RZ-13-008; PP -13-013; PP -13-014 and MDA -13-015
PAGE 44
July 9, 2013
DESCRIPTION FOR R-4 REZONE
PROPOSED OAKS SUBDIVISION
PARCEL A
A parcel of land located in the N % of Section 33, T. 4N., RAW., B.M., Meridian, Ada
County, Idaho, more particularly described as follows:
Commencing at the Northwest corner of the said Section 33, from which the North '%
corner of said section bears South 89016'58" East, 2635,25 feet; thence along the north
boundary of the NW '/4 of said section South 89°16'58" East, 1317.67 feet to the northwest
corner of the E''/3 of the NW Y< of said section; thence along the west boundary of said E''% of
the NW 1/4 South 00030'58" West, 702.15 feet to the POINT OF BEGINNING;
thence continuing South 00°30'58" West, 614.45 feet;
thence North 89°17'19" West, 89.90 feet;
thence North 76°42'20" West, 78.25 feet;
thence North 09028'49" East, 243.74 feet;
thence North 06°19'43" East, 358.40 feet;
thence North 70°59'59" East, 46.32 feet;
thence South 31'53'05" East, 39.34 feet;
thence North 58°06'55" East, 32.21 feet to the POINT OF BEGINNING. Containing
1.77 acres, more or less.
PARCEL B
A parcel of land located in the E''/1 and SW '% of Section 28, T. 4N., R.1 W., B.M.,
Meridian, Ada County, Idaho, more particularly described as follows:
Commencing at the S''/4 corner of the said Section 28, from which the Southwest
corner of said section bears South 89016'58" West, 2635.25 feet; thence along the South
boundary of said section South 89'16'45" East, 1317.68 feet; thence North 00°37'35" East,
656.30 feet to the POINT OF BEGINNING;
Thence North 89°22'25" West, 1372.28 feet;
thence North 86°16'25" West, 50.07 feet;
thence North 89°22'25" West, 265.00 feet;
Oaks North and South Subdivisions — AZ -13-008; RZ-13-008; PP -13-013; PP -13-014 and MDA -13-015
PAGE 46
thence North 84°44'53" West, 165.52 feet;
thence North 69°51'36" West, 36.96 feet;
thence Notch 40°06'25" West, 42.00 feet;
thence North 30°17'16" West, 42.00 feet;
thence South 67°1744" West, 116.09 feet;
thence South 84036'49" West, 51.07 feet;
thence South 71°27'35" West, 128.62 feet;
thence North 89°22'25" West, 550.00 feet;
thence North 74°04'30" West, 51.84 feet;
thence North 89°22'25" West, 209.94 feet;
thence North 22°56'21" West, 133.50 feet;
thence North 10°22'36" West, 102.43 feet;
thence North 15028'05" West, 262.84 feet;
thence North 01'00'42" East, 171.03 feet;
thence North 88°59'18" West, 324.54 feet;
thence North 01°00'42" East, 774.71 feet;
thence South 89°21'17" East, 120.00 feet;
thence South 68°27'39" East, 53.39 feet;
thence South 89°21'17" East, 345.70 feet;
thence North 45°38'43" East, 14.14 feet;
thence North 00°38'43" East, 100.00 feet;
thence North 01°50'15" West, 25.02 feet;
thence North 00°38'43" East, 425.00 feet;
thence South 89°21'17" East, 340.07 feet;
thence South 00°52'12" West, 16.99 feet;
Oaks North and South Subdivisions — AZ -13-008; RZ-13-008; PP -13-013; PP -13-014 and MDA -13-015
PAGE 47
thence South 89°14'34" East, 789.50 feet;
thence North 64003'54" East, 27.64 feet;
thence South 8605348" East, 189.53 feet;
thence South 89°14'51" East, 20.04 feet;
thence South 70027'50" East, 25.64 feet;
thence South 81'00'03" East, 36.69 feet;
thence South 88°50'13" East, 85.57 feet;
thence South 86°14'58" East, 63.62 feet;
thence North 89°18'37" East, 45.49 feet;
thence South 78007'47" East, 19.68 feet;
thence North 53°05'44" East, 16.53 feet;
thence North 00045'06" East, 24.90 feet;
thence North 00°43'58" East, 625.84 feet;
thence South 77°58'14" East, 1338.14 feet;
thence South 00036'34" West, 361.82 feet;
thence South 00°37'35" West, 1979.46 feet to the POINT OF
Containing 160.06 acres, more or less.
REVI�J Pf'ROVAL
SY
JUL 115 '?M
MERIDIAN laid€N.'%hit'
Oaks Noah and South Subdivisions —AZ -13-008; RZ-13-008; PP -13-013; PP -13-014 and MDA -13-015
PAGE 48
May 16, 2013
DESCRIPTION FOR R-8 ZONE
PROPOSED OAKS SUBDIVISION
PARCEL A
A parcel of land located in the SW '% of Section 28, T. 4N., RAW., B.M., Meridian, Ada
County, Idaho, more particularly described as follows:
Commencing at the Southwest corner of the said Section 28, from which the South 1/4
corner of said section bears South 89016'58" East, 2635.25 feet; thence along the West
boundary of said section North 01°00'42" East, 2089.88 feet to the POINT OF BEGINNING;
thence continuing along said West boundary North 01'00'42" East, 540.97 feet to the
northwest corner of said SW 1/4 ;
thence along the North boundary of said SW "/a South 89°21'17" East, 971.05 feet;
thence South 00°3843" West, 425.00 feet;
thence South 01°50'15" East, 25.02 feet;
thence South 0003843" West, 100.00 feet;
thence South 45°38'43" West, 14.14 feet;
thence North 89021'17" West, 345.70 feet;
thence North 68027'39" West, 53.39 feet;
thence North 89021'17" West, 570.00 feet to the POINT OF BEGINNING. Containing
12.25 acres, more or less.
PARCEL B
A parcel of land located in the NW'/a of Section 33, T. 4N., R.1 W., B.M.,
Meridian, Ada County, Idaho, more particularly described as follows:
BEGINNING at the Northwest corner of the said Section 33, from which the North %
corner of said section bears South 89°16'58" East, 2635.25 feet;
thence along the North boundary of said section South 89°16'58" East, 643.51 feet;
thence South 00°43'02" West, 502.76 feet;
thence North 89°27'21"West, 641.99 feet to a point on the westerly boundary of said
NW 114;
Oaks North and South Subdivisions —AZ -13-008; RZ-13-008; PP -13-013; PP -13-014 and MDA -13-015
PAGE49
thence North 00°32'39" East along said westerly boundary, 504.70 feet to the POINT
OF BEGINNING. Containing 7.43 acres, more or less.
PARCEL C
A parcel of land located in the N 1/2 of Section 33 and the S 4/ of Section 28, T. 4N.,
R.1 W., B.M., Meridian, Ada County, Idaho, more particularly described as follows:
Commencing at the Northwest corner of the said Section 33, from which the North 4/4
corner of said section bears South 89°16'58" East, 2635.25 feet; thence along the North
boundary of said section South 89016'56" East, 918.52 feet to the POINT OF BEGINNING;
thence North 00042'28" East, 596.72 feet to a point of curvature;
thence 71.77 feet along the are of a curve to the right, said curve having a radius of
300.00 feet, a delta angle of 13°42'28", and a long chord bearing North 07°33'42" East, 71.60
feet;
thence South 89°22'25" East, 209.94 feet;
thence South 74°04'30" East, 51.84 feet;
thence South 89°22'25" East, 550.00 feet;
thence North 71°27'.35" East, 128.62 feet;
thence North 84°36'49" East, 51.07 feet;
thence North 67°17'44" East, 116.09 feet;
thence South 30017'16" East, 42.00 feet;
thence South 40°06'25" East, 42.00 feet;
thence South 69°51'36" East, 36.96 feet;
thence South 84°44'53" East, 165.52 feet;
thence South 89°22'25" East, 265.00 feet;
thence South 86°16'25" East; 50.07 feet;
thence South 89°22'27" East, 1372.28 feet;
thence South 00°37'35" West, 656.30 feet to a point on the North boundary of the said
Section 33;
thence leaving said north boundary South 00°28'24" West, 751.22 feet;
thence North 89°31'36" West, 50.00 feet;
Oaks North and South Subdivisions—AZ-13-008; KZ -13-008; PP -13-013; PP -13-014 and MDA -13-015
PAGE 50
thence South 65009'33" West, 88.92 feet;
thence South 87°53'29" West, 681.15 feet;
thence North 86°21'57" West, 74.91 feet;
thence North 76°05'15" West, 75.00 feet;
thence North 68°00'46" West, 75.00 feet;
thence North 56°05'04" West, 78.26 feet;
thence North 45°02'43" West, 83.43 feet;
thence North 36°44'57" West, 70.80 feet;
thence North 29048'22" West, 75.02 feet;
thence South 58°57'32" West, 159.20 feet to a point on a curve;
thence 121.86 feet along the are of a non -tangent curve to the left, said curve having a
radius of 300.00 feet, a delta angle of 23°1624", and a long chord bearing North 46°33'39"
West, 121.02 feet to a point on a curve;
thence 22.74 feet along the are of a non -tangent curve to the right, said curve having a
radius of 400.00 feet, a delta angle of 03°15'26", and a long chord bearing South 33°26'05"
West, 22.74 feet to a point of compound curvature;
thence 291.40 feet along the arc of a curve to the right, said curve having a radius of
300.00 feet, a delta angle of 55°39'15", and a long chord bearing South 62°53'25" West,
280.08 feet to a point of tangency;
thence North 89°16'58" West, 221.58 feet;
thence North 00°43'02" East, 45.00 feet;
thence North 89016'58" West, 605.00 feet;
thence South 75035'33" West, 44.23 feet;
thence South 58006'55" West, 89.02 feet;
thence North 31'53'05" West, 39.34 feet to a point of curvature;
thence 209.75 feet along the arc of a curve to the left, said curve having a radius of
400.00 feet, a delta angle of 30°02'40", and a long chord bearing North 46054'25" West,
207.35 feet;
Oaks North and South Subdivisions —AZ -13-008; RZ-13-008; PP -13-013; PP -13-014 and MDA -13-015
PAGE; 51
thence North 00°43'02" East, 546.61 feet to a point on the North boundary of said
Section 33;
thence along said boundary North 89616'58" West, 200.00 feetto the POINT OF
BEGINNING. Containing 92.31 acres, more or less.
LA
gYEV 5PROVAL
JUt. 2 5 CU13
MERiMM, cGr:;MUNIh�
DEl%ELOG;,f F-�4T UcP 1.
Oaks North and South Subdivisions —AZ -13-008; RZ-13-008; PP-13-Ot3; PP -13-014 and MDA -13-015
PACE 52
May 16, 2013
DESCRIPTION FOR R-15 ZONE
PROPOSED OAKS SUBDIVISION
PARCEL A
A parcel of land located In the SW Y of Section 28, T. 4N., RAW., B.M., Meridian, Ada
County, Idaho, more particularly described as follows:
BEGINNING at the Southwest corner of the said Section 28, from which the South'/<
corner of said section bears South 89°16'58" East, 2635.25 feet;
thence along the West boundary of said SW '% North 01'00'42" East, 1315.47 feet;
thence South 89°18'59" East, 450.00 feet;
thence South 88'59'18" East, 324.54 feet;
thence South 01 °00'42" West, 171.03 feet;
thence South 15°28'05" East, 262.84 feet;
thence South 10022'36" East, 102.43 feet;
thence South 22°56'21" East, 133.50 feet to a point on a curve;
thence 71.77 feet along the arc of a non -tangent curve to the left, said curve having a
radius of 300.00 feet, a delta angle of 13°42'28", and a long chord bearing South 07033'42"
West, 71.60 feet to a point of tangency;
thence South 00°42'28" West, 596.72 feet;
thence North 89°16'58" West, 918.52 feet to the POINT OF BEGINNING. Containing
26.32 acres, more or less.
PARCELS
A parcel of land located In the NW%of Section 33, T. 4N., RAW., B.M., Meridian, Ada
County, Idaho, more particularly described as follows:
Commencing at the Northwest corner of the said Section 33, from which the North 4/4
corner of said section bears South 89°16'58" East, 2635,25 feet; thence along the West
boundary of said section South 00°32'39" West, 504.70 feet to the POINT OF BEGINNING;
Thence South 89027'21" East, 932.00 feet to a point of curvature;
Oaks North and South Subdivisions—AZ-13-008; RZ-13-008; PP -13-013; PP -13-014 and MDA -13-015
PAGE 53
thence 401.92 feet along the are of a curve to the right, said curve having a radius of
400.00 feet, a delta angle of 57°34'16", and a long chord bearing South 60°40'13" East,
385.23 feet;
thence South 70°59'59" West, 46.32 feet;
thence South 06019'43" West, 358.40 feet;
thence South 09028'49" West, 243.74 feet;
thence North 76°42'20" West, 1181.12 feet to a point on the West boundary of said
Section 33;
thence along said West boundary North 00°32'39" East, 537.67 feet to the POINT OF
BEGINNING. Containing 18.34 acres, more or less.
PARCEL C
A parcel of land located in the NE "/° of Section 28, T. 4N., RAW., B.M., Meridian, Ada
County, Idaho, more particularly described as follows:
Commencing at the S Y corner of the said Section 28, from which the Southwest
corner of said section bears South 89°16'58" West, 2635.25 feet; thence along the South
boundary of said section South 89°16'45" East, 1317.68 feet; thence North 00°37'35" East,
2635.76 feet; thence North 00°36'34" East, 214.87 feet io the POINT OF BEGINNING;
Thence continuing North 00°36'34" East, 444.28 feet;
thence South 89°22'11" East, 175.08 feet;
thence South 00°29'20" West, 230.00 feet;
thence South 89°22'02" East, 1136.34 feet to a point on the East boundary of the said
Section 28;
thence along said boundary South 00°29'20" West, 214.64 feet;
thence North 89°21'07" West, 1312.36 feet to the POINT OF BEGINNING. Containing
7.39 acres, more or less,
. REVI J,b yROVAL.
)UL 2 5 2013
Oaks North and South Subdivisions—AZ-13-008; RZ-13-008; PP -13-013; PP -13-014 and MDA -13-015
PAGE 54
May 16, 2013
DESCRIPTION FOR L -O ZONE
PROPOSED OAKS SUBDIVISION
A parcel of land located in the NW'/4 of Section 33, T. 4N., R.1 W., B.M., Meridian, Ada
County, Idaho, more particularly described as follows:
Commencing at the Northwest corner of the said Section 33, from which the North 1/4
corner of said section bears South 89016'58" East, 2635.25 feet; thence along the North
boundary of said section South 89°1645" East, 643.51 feet to the POINT OF BEGINNING;
thence continuing along said North boundary South 89°16'58" East, 475.01 feet;
thence South 00043'02" West, 546,61 feet to a point on a curve;
thence 192.17 feet along the arc of a non -tangent curve to the left, said curve having a
radius of 400.00 feet, a delta angle of 27°31'36", and a long chord bearing North 75°41'33"
West, 190.33 feet to a point of tangency;
thence North 89°27'21" West, 290.01 feet;
thence North 00°43'02" East, 502.76 feet to the POINT OF BEGINNING. Containing
5.54 acres, more or less.
N7,11
I PI OVAL.
ny
2 J ZOCi
MERIDIAN CC7„MUNn
C`VEL^,=.:?_r�T DEPT.
Oaks North and South Subdivisions—(AZ-13-008; RZ,-13-008)
Oaks North and South Subdivisions — AZ-13-008; RZ-13-008; PP-13-013; PP-13-014 and MDA-13-015
PAGE 57
NOTICE AND PUBLISHED SUMMARY
OF ORDINANCE PURSUANT TO I.C. § 50-901(A)
CITY OF MERIDIAN ORDINANCE N0.14-1(eD�,,.
PROVIDING FOR ANNEXATION AND ZONING ORDINANCE
An Ordinance of the City of Meridian granting annexation and zonina for parcels
COP
of land located in the North 1/2 of Section 33, Township 4 North, Range I West, Boise,
Ada County, Idaho. These parcels contain 434.45 acres more or less..A:lso, these parcels
are SUBJECT TO all easements and rights-of-way of record or implied. As surveyed in
attached exhibit "B" and is not based on an actual field survey. A full text of this
ordinance is available for inspection at City Hall, City of Meridian, 33 East Broadway
Avenue, Meridian.,. Idaho. This ordinance shall become effective on. the get day of
2014.
A
4.1
6i'tAf eddia city of
E I
Mayor an City Council IDAHO
B���,
y: Jaycee L. Holman, City Clerk
SEAL
CIO
ti
First Reading: VLaw c TV's -
Adopted after first reading by suspension of the Rule as allowed pursuant to Idaho Code
§50-902: YES
Second Reading. __-.
-
Third Reading: '""
STATEMENT OF MERIDIAN CITY ATTORNEY AS TO ADEQUACY OF
SUMMARY OF ORDINANCE NO. 14- &0A. -
The undersigned, William L.M. Nary, City Attorney of the City of Meridian,
Idaho, hereby certifies that he is the legal advisor of the City and has reviewed a copy of
the attached Ordinance No. 14- /Cp.O;X, of the City of Meridian, Idaho, and has found
the same to be true and complete and provides adequate notice to the public pursuant to
Idaho Code § 50-901 A (3).
of
day 2014.
DATED this AA
19
William. L.M. Nary
City Attorney
ORDINANCE SUMMARY - OAKS NORTH & SOUTH SUBDIVISION (AZ 13-008 & RA 13-008)
Map
Exhibit B
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Oaks North & South Subdivisions (AZ 13-008 — RZ 13-008)
Meridian City Council Meeting
DATE: April 22, 2014 ITEM NUMBER: W '�
ITEM TITLE:
Future Meeting Topics
PROJECT NUMBER:
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