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HomeMy WebLinkAbout2016-08-16Meridian City Council Meeting Agenda Tuesday, August 16, 2016 – Page 1 of 3 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk’s Office at 888-4433 at least 48 hours prior to the public meeting. 1. City Council Chambers 33 East Broadway Avenue Meridian, Idaho Tuesday, August 16, 2016 at 6:00 PM 1. Roll-Call Attendance X Anne Little Roberts X Joe Borton X Ty Palmer X Keith Bird __X__ Genesis Milam __X__ Luke Cavener X Mayor Tammy de Weerd 2. Pledge of Allegiance 3. Community Invocation by Pastor Troy Drake with Calvary Chapel 4. Adoption of the Agenda Adopted 5. Consent Agenda Approved A. Sanitary Sewer and Water Main Easement and Partial Vacation of Water and Sewer Easement between the City of Meridian and Pawn 1, Inc. within McNelis Subdivision B. Water Main Easement between the City of Meridian and Heartland Town Homes Property Management LLC within Brinegar Prairie Subdivision No. 1 C. Approval of Award of Bid and Agreement to STAR CONSTRUCTION LLC. for the ELM STREET WATERLINE REPLACEMENT project for a Not-To- Exceed amount of $109,577.00 D. Settlement Agreement between the United States of America and City of Meridian under the Americans with Disabilities Act E. Resolution No.: 16-1157: A Resolution of the Mayor and City Council of the City of Meridian Authorizing the City Clerk to Destroy Certain Semi - Permanent and Temporary Records of the Human Resources Department; and Providing an Effective Date. 6. Community Items/Presentations CITY COUNCIL AMENDED MEETING AGENDA Meridian City Council Meeting Agenda Tuesday, August 16, 2016 – Page 2 of 3 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk’s Office at 888-4433 at least 48 hours prior to the public meeting. A. Police Department: Chief Lavey to Swear in 3 New Police Officers - Tavita Messenger, Brandon Esparza, Scott Frazier 7. Items Moved From the Consent Agenda 8. Action Items Land Use Public Hearing Process: After the Public Hearing is opened the staff report will be presented by the assigned City planner. Following Staff’s report the applicant has up to 15 minutes to present their application. Each member of the public may provide testimony up to 3 minutes or if they are representing a larger group, such as a Homeowners Association, they are allowed 10 minutes. The applicant is then allowed 10 additional minutes to respond to the public’s comments. No additional public testimony is taken once the public hearing is closed. A. Final Plat for Biltmore Estates Subdivision No 3 (H-2016-0086) Located at W. Victory Road and West of South Meridian Road Continued to 9/6/2016 1. Request: Final Plat for Thirty One (31) Single Family Residential Building Lots and Six (6) Common Lots on Approximately 11.91 Acres in the R -4 Zoning District by Oakwood Estates LLC. B. Public Hearing for Velvet Point Subdivision (H-2016-0068) by Mussell Construction Located East of S. Locust Grove Road Between E. Time Zone Drive and E. Lake Street Approved 1. Request: Combined Preliminary/Final Plat Approval Consisting of One (1) Building Lot on 0.19 of an Acre in the R-4 Zoning District C. Public Hearing for Settlers Square Subdivision (H -2016-0074) by Seagle Three, LLC Located 870 W. Ustick Road Approved 1. Request: Development Agreement Modification to Change the Internal Public Roads to Private Driveways and Allow for Temporary Vehicle Access to Ustick Road D. Public Hearing for Creason Creek No. 1 (H-2016-0087) by ULC Management, LLC Located Near the Southeast Corner of N. Linder Road and W. Ustick Road Continued to 8/23/2016 1. Request: Modification to the Development Agreement to Allow the Developer to Receive Four (4) Building Permits Prior to Recording a Final Plat Meridian City Council Meeting Agenda Tuesday, August 16, 2016 – Page 3 of 3 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk’s Office at 888-4433 at least 48 hours prior to the public meeting. E. Final Plat Approval for Creason Creek No. 1 (H-2016-0087) by ULC Management, LLC Located Near the Southeast Corner of N. Linder Road and W. Ustick Road Continued to 8/23/2016 1. Request: Modification to the Final Plat to Alter the Number of Buildable and Common Lots and to Move the Multi-Use Pedestrian Pathway Out of the Nampa Meridian Irrigation District's Easement and Into a Common Lot and to Update the Landscape Plan, Plat and Open Space Calculations F. Public Hearing for Silverstone Apartments (H-2016-0060) by DevCo, LLC Located at 4225 E. Overland Road Approved 1. Request: Amendment to the Comprehensive Plan Future Land Use Map to Change the Land Use Designation on 25.97 Acres of Land from Medium Density Residential to Mixed Use Regional and to Change the Land Use Designation on 42.18 from Boise's "Suburban" Comprehensive Plan Land Use Designation to Medium Density Residential 2. Request: Annexation and Zoning of 14.41 Acres of Land from the RUT to the C-G Zoning District 3. Request: Conditional Use Permit for a Multi-Family Development Consisting of 312 Dwelling Units in the C-G Zoning District 9. Future Meeting Topics 10. Executive Session per Idaho State Code 74-206 (1)(d): To Consider Records That Are Exempt From Disclosure As Provided In Chapter 3, Title 9, Idaho Code Into Executive Session 7:35pm Out of Executive Session 8:39pm Adjourned at 8:39pm Meridian City Council Meeting lb DATE: August 1-8;"2016 ITEM NUMBER: 5A PROJECT NUMBER: ITEM TITLE: McNelis Subdivision Sanitary Sewer and Water Main Easement and Partial Vacation of Water and Sewer Easement between the City of Meridian and Pawn 1, Inc. within McNelis Subdivision MEETING NOTES C✓i APPROVEO 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 2016-075779 BOISE IDAHO Pgs=5 LISA BATT 08/17/2016 03:12 PM MERIDIAN CITY NO FEE IIIIIIIIIIIIIIIIIIIIIIIII II"I'�II IIIIIII II III III 00261826201600767790060068 SANITARY SEWER AND WATER MAIN EASEMENT THIS INDENTURE, made this day of, 20„w between the parties of the first part, and hereinafter called the GRANTORS, and the City of Meridian, Ada County, Idaho, the party of the second part, and hereinafter called the GRANTEE; WITNESSETH: WHEREAS, the GRANTORS desire to provide a sanitary sewer and water main right-of- way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer and water is to be provided for through underground pipelines to be constructed by others; and WHEREAS, it will be necessary to maintain, service and subsequently connect to said pipelines from time to time by the GRANTEE; NOW, THEREFORE, in consideration of the benefits to be received by the GRANTORS, and other good and valuable consideration, the GRANTORS do hereby give, grant and convey unto the GRANTEE the right-of-way for an easement over and across the following described property: (SEE ATTACHED EXHIBITS A and B) The easement hereby granted is for the purpose of construction and operation of sanitary sewer and water mains and their allied facilities, together with their maintenance, repair, replacement and subsequent connection at the convenience of the GRANTEE, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of-way unto the said GRANTEE, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after making repairs, performing maintenance, replacements or subsequent connections to the sanitary sewer and water mains, GRANTEE shall restore the area of the easement and adjacent property to that existent prior to undertaking such procedures. However, GRANTEE shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. Sanitary Sewer and Water Main Easement EASMT S&W 11-15-13.doc THE GRANTORS hereby covenant and agree that they will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTORS hereby covenant and agree with the GRANTEE that should any part of the right-of-way and easement hereby granted become part of, or lie within the boundaries of any public street, then, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTORS do hereby covenant with the GRANTEE that they are lawfully seized and possessed of the aforementioned and described tract of land, and that they have a good and lawful right to convey said easement, and that they will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. GRANTOR: T_es,s Secretary Address x STATE OF IDAHOr- ) . ss. County of Ada ) On this day of AI 4— , 20 1 tP, before me, the undersigned, a Notary Public in and for said State, personally appeared {'Y) a r -[C L.uA and SG1f-0— LUA i k-e� , known or identified to me to be the President and Secretary, respectively, of the corporation that executed the within instrument, and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. t%J1„111111® (SEA®?®®®•�si�rid�� �� pubVIC Of WOO Sanitary Sewer and Wd wlfih asement NOTkkY PUBLIC FOR IDAHO Residing at: Commission Expires: l i -3o -Z�jci EASMT S&W 11-15-13.doc GRANTEE: CITY OF MERIDIAN eo AUGUST' QQ �� O pW Tammy de rd, Mayor IDIAN+- IDAHO W AL SE P� Attest by4a e;"Ralmart City Clerk Rarthe TRE Approved By City Council On: STATE OF IDAHO, ) : ss County of Ada ) On this ) L, day of , 20, before me, the undersigned, a Notary Public in and for said State, p rsonally appeared Tammy de Weerd and Jaye; oIman, 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. p1� 6 to FI1�c••°• (S AR I,•.♦+, NOTARY PUBLIC FOR IDAHO Residing at: 1 W; Commission Expir s: L -a - � 1 �S � 1 1 y,� • -C 0 Sanitary Sewer and Water Main Easement EASMT S&W 11-15-13.doc June 12, 2016 Project No. 115101 THE LAND GROUP, INC. Exhibit "A" WATER & SEWER EASEMENT DESCRIPTION An easement located in Block 1 of McNelis Subdivision, as shown on the official plat thereof, recorded in Book 100 of Plats at Page 13085, Ada County Records, situated in the Southeast Quarter of Section 34, Township 4 North, Range 1 West, Boise Meridian, City of Meridian, Ada County, Idaho, being more particularly described as follows: Commencing at the Northeast corner of Lot 11, Block 1 of said McNelis Subdivision; Thence South 00°53'05" West, a distance of 117.46 feet on the easterly lot line of said Lot 11; Thence South 89'07'30" East, a distance of 20.00 feet to the POINT OF BEGINNING; Thence South 89°07'30" East, a distance of 10.00 feet; Thence South 00°53'05" West, a distance of 43.16 feet; Thence North 89°06'55" West, a distance of 10.00 feet; Thence North 00°53'05" East, a distance of 43.16 feet to the point of beginning. PREPARED B L&J1 r G •9 James R. Washburn A, Site Planning • Landscape Architecture . Civil Engineering • Golf Course Irrigation & Engineering • Graphic Design • Surveying 462 E. Shore Drive, Suite 100. Eagle, Idaho 83616 • P 208.939.4041 e www.thelandgroupinc,com e-) c') �z VV NELIS DRIVE rn --_ _�..__ / ~~ | \-� PO —�~---- — — — | |NORTHEAST CORNER OF LOT 11 �� az | ' BLOCK 1, McNEL|SSU8OK0S0N | PARCEL RDS#10206 | | ! ~�—��T�G��Of��0D�N | / | | SEWER & WATER EASEMENT | ' CD | @08'07'30"E POINT OF BEGINNING | S89007'30"E 10.00' | K8[�NE||qSU�D|V|�|ON CD _'�""w«/u/u/» C� ' = | BLOCK 1 Lu LWU | | ^ SEWER & WATER EASEMENT | -- | | LN89-06'55"W10.00, PARCELB | | | RDS#10208 LA | | | | / | | | | | | . EXISTING CITY 0FMERIDIAN | | SEWER & WATER EASEMENT OF � c] | ���"0m~� oo��nx ^�~^^~^"�~° =~ 110AIZONIAL. SCALE, V 40' THE LAND GROUP m=. ��mmmm� 0���~�"�mn��wo u°..moumwom m� wmm*��m=��`� SM '—a— , m�,m�mom ���&��� �� ��X���� N���������0 ,/=.xoxo,n4m1'x"mo»ooxw5 *m=,....� �� m�~°w~°. u�~~.°.~.."=,""u ~~'—~~~�~~'~�^~ |U| 0A or lmvu tin,$ Idaho I 1 1 0 f I RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City ofMeridian 33 E. Broadway Avenue Meridian, ID 83642 ADA COUNTY RECORDER Christopher D. Rich 2016-075780 BOISE IDAHO Pgs=3 LISA BATT 08/17/2016 03:12 PM MERIDIAN CITY NO FEE IIIIIIIIIIII1111111111111 III IIIIIIII IIII 1111111111 00261827201600757800030032 CITY OF MERIDIAN PARTIAL RELEASE OF EASEMENT (Space Above For Recorder's Use) WHEREAS, by easement dated September 19`h, 2007 and recorded February 27, 2008 as Instrument Number 108022167 of the records of Ada County, State of Idaho, Ten Mile Center, LLC, granted to City of Meridian, an Idaho Municipal Corporation (City), certain Sanitary Sewer and Water Main Easements across certain real property legally described and visually depicted in said Instrument; and, WHEREAS, subsequent to the recording of Instrument Number 108022167, the plans for the use of a property affected by Easement "F" have changed and the location of a portion of the Sanitary Sewer and Water Main Easement "F" is not needed and interferes with the footprint or setback of a planned improvement on the real property. NOW, THEREFORE, in consideration of the premises, the said City of Meridian does hereby vacate, release and abandon the portion of the rights and easements legally described in Exhibit A and depicted on Exhibit B, attached hereto and incorporated herein, with the intent that the same shall forthwith cease and be extinguished. This Partial Release shall have no effect on the remainder of Easement "F" or any of the other easements set forth in Instrument Number 108022167. IN WITNESS WHEREOF, THE CITY OF MERIDIAN has caused these presents to be executed by its proper officers thereuRta-dnt7 dttthvriKgd-this � � # dav--a£Auizust, 2016. ATTEST STATE OF IDAHO ) ss County of Ada ) AUG'US'T Q� �s ow 2 City of `E IDIAN W ��. SEAL ,1/ On this / �0 day of August, 2016 before me, a notary public in and for the State of Idaho, personally appeared Tammy de Weerd and known or identified to me to be the Mayor and City Clerk of the City of Meridian, respectively,# attested the within instrument and acknowledged to me that they executed the same. �. Notary Public for Idaho Y Residing at Meridian, Idaho Commission Expires: too* 0 ° A T F, O t' June 12, 2016 Project No. 115101 THE LAND GROUP, INC. Exhibit "A" WATER & SEWER EASEMENT VACATION DESCRIPTION An easement located in Block 1 of McNelis Subdivision, as shown on the official plat thereof, recorded in Book 100 of Plats at Page 13085, Ada County Records, situated in the Southeast Quarter of Section 34, Township 4 North, Range 1 West, Boise Meridian, City of Meridian, Ada County, Idaho, being more particularly described as follows: Commencing at the Northeast corner of Lot 11, Block 1 of said McNelis Subdivision; Thence South 00°53'05" West, a distance of 160.62 feet on the easterly lot line of said Lot 11; Thence South 89°06'55" East, a distance of 30.00 feet to the POINT OF BEGINNING; Thence South 89°06'55" East, a distance of 21.00 feet; Thence South 00°53'05" West, a distance of 71.00 feet; Thence North 89°06'55" West, a distance of 21.00 feet; Thence North 00°53'05" East, a distance of 71,00 feet to the point of beginning. PREPARED BY: THE LAND GROUP, INC, James R. Washburn Site Planning • Landscape Architecture + Civil Engineering • Golf Course Irrigation & Engineering • Graphic Design • Surveying 462 E. Shore Drive, Suite 100 * Eagle, Idaho 83616 • P 208.939A041 • www,thelandgroupinc.com L) CY) W. NELIS DRIVE POINT OF COMMENCEMENT: I NORTHEAST CORNER OF LOT 11 BLOCK 1, McNELIS SUBDIVISION PARCEL A ROS#10206 EXISTING CITY OF MERIDIAN SEWER & WATER EASEMENT s I CD MCNELIS SUBDIVISION cr_ I S89Q06155"EU-1 U-130,00' TIE LINE BLOCK POINT OF BEGINNING S89006'55"E 21,00' LU F - &I SEWER & WATER EASEMENT PARCEL ROS#10206 9:-.7! A 01 EXISTING CITY OF MERIDIAN 0 —"FN89'06'55"W 21.00' SEWER & WATER EASEMENT L 0 40, 80, Exhibit "B" Q4 HORIZONTAL SCALE. V - 40' #55-0---��N THE LAND TG GROUP 10 INCORMRA 462 East Shote Dive, Suite 100 Eagle, Idaho 83616 Niue, 208.939.404) - fax 208.930.4445 WNW Exhibit "B" Sewer & Water Easement Vacation lb_t�1bj CC" 0�0titf y4f Idaho � 1 1 of I 0 i6� Meridian City Council Meeting DATE: Augusta-6'2016 ITEM NUMBER: 5B PROJECT NUMBER: ITEM TITLE: Brinegar Prairie Subdivision No. 1 Water Main Easement between the City of Meridian and Heartland Town Homes Property Management LLC within Brinegar Prairie Subdivision No. 1 MEETING NOTES 9 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 ADA COUNTY RECORDER Christopher D. Rich 2016-075778 BOISE IDAHO Pgs=5 LISA BATT 08/1712016 03r 110 M l MERIDIAN CITY '' II'�I"I'I'I0 I2II8 I42 III00 II!'lll06l I6I�I�' WATER MAIN EASEMENT THIS INDENTURE, made this day ofd, 20 between erly the parties of the first part, and hereinafter called the GRANTORS, and the City of Meridian, Ada County, Idaho, the party of the second part, and hereinafter called the GRANTEE; WITNESSETH: WHEREAS, the GRANTORS desire to provide a water main right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the water main is to be provided for through an underground pipeline to be constructed by others; and WHEREAS, it will be necessary to maintain, service and subsequently connect to said pipeline from time to time by the GRANTEE; NOW, THEREFORE, in consideration of the benefits to be received by the GRANTORS, and other good and valuable consideration, the GRANTORS do hereby give, grant and convey unto the GRANTEE the right-of-way for an easement over and across the following described property: (SEE ATTACHED EXHIBIT A and B) The easement hereby granted is for the purpose of construction and operation of a water line and their allied facilities, together with their maintenance, repair, replacement and subsequent connection at the convenience of the GRANTEE, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of-way unto the said GRANTEE, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after making repairs, performing maintenance, replacements or subsequent connections to the water mains, GRANTEE shall restore the area of the easement and adjacent property to that existent prior to undertaking such procedures. However, GRANTEE shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. Water Main Easement REV. 04/29/16.doe THE GRANTORS hereby covenant and agree that they will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTORS hereby covenant and agree with the GRANTEE that should any part of the right-of-way and easement hereby granted shall become part of, or lie within the boundaries of any public street, then, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTORS do hereby covenant with the GRANTEE that they are lawfully seized and possessed of the aforementioned and described tract of land, and that they have a good and lawful right to convey said easement, and that they will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. GRANTOR: Ct Address STATE OF IDAHO ) : ss. County of Ada ) On this �` ' day of , 20 1 , before me, the undersigned, a Notary Public in and for said State, personally appeared 4� 14 1 a A 51, atid7 , known or identified to me to be the sident-ar Arik !" of the that executed the within instrument, and acknowledged to me that such �^ tion eecute�d the same. e. fad{ 4 } BTS F r.1 d b e• p IN WITNESS WHEREOF, I have hereunto setts my hand and affixed my official seal the day and year first V '...r. 1407. (SEAL) ELIC Water Main EasementOp 9�E'••P ID • D 00 NOTARY PUBLIC FOR IDAHO Residing at: i tk UP, Commission Expires: REV. 08/02/16.doe GRANTEE: CITY OF MERIDIAN lleo AUG UG VO �w Cit", of 1i.. Tammy e , Mayor C../►'`E IDI IA- IDA►tD } W SEAL J Attest by-jna�- e- elm n; City Clerk TSR of the 7F�EP`' uff ` Ce Approved By City Council On: STATE OF IDAHO, ) : ss County of Ada ) On this l Lo day of , 20 before me, the undersigned, a Notary Public in and for said State, rsonally appeared Tammy de Weerd and 4-a3�.ce Irl n; 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. 'Ds"� F—, 1—, �� NOTARY PUBLIC FOR IDAHO Residing at: Lc,�L, I p Commission Expires: (o Water Main Easement REV. 08/02/16.doc DESCRIPTION FOR WATER LINE EASEMENT BRINEGAR PRAIRIE SUBDIVISION NO. 1 A utility easement located in the SW 1/4 of Section 2 T.3N., R.1W., B.M., Meridian Ada County, Idaho more particularly described as follows; Commencing at the W1/4 of said Section 2 from which the SW corner bears South 00°18'48" West, 2,642.98 feet; thence along the West boundary line of said Section 2 South 00°18'48" West, 551,27 feet; thence leaving said West boundary line and along the South right-of-way line of W, Chateau Drive South 89°05'53" East, 855.03 feet to the REAL POINT OF BEGINNING; thence continuing along said South right-of-way line South 89005'53" East, 20.00 feet; thence leaving said South right-of-way line South 00052'24" West, 167.00 feet; thence North 89005'53" West, 101.72 feet; thence North 1314'43" East, 20.47 feet; thence South 8905'53" East, 77.33 feet; thence North 00052'24" East, 147.00 feet to the REAL POINT OF BEGINNING. I C5 I J W N m WWz000 I t— co � I u1 r- < 0 mz I I � tCD IDAHO 1450 E, WATERTOWER ST. 130 SURVEY MEIRIDIAN, IDAHO 83642 GROUP, y P.C./"� (208) 846-6570 3 Ice I I 2 11 W. CHATEAU DRIVE S89'05'53"E 855.03' S89'05'53"E 1 20/.00' , REAL POINT V i OF BEGINNING , 1 I , I I i I o, ! 0 �I to �I o � Ir 0 CD N z i I iNn ! 20' WIDE WATER i (n LINE EASEMENT I I I r I I I I _ _S8_99''0_55''5_3"E 7_7.3_3_' N13'14'43"E 20.47' e W. JANELLE ST, N89'05'53"W 101.72' W. CHERRY LANE 5 20 80 o 10 40 120 SCALE: 1 " = 40' EXHIBIT DRAWING FOR WATER LINE EASEMENT BRINEGAR PRAIRIE SUBDIVISION NO. 1 LOCATED IN THE SW 1/4 OF SECTION 2, T.3N„ RAW., B.M., ADA, COUNTY, IDAHO JOB NO, 15-256 SHEET NO. 1 7/18/2016 &/ Meridian City Council Meeting r DATE: August; 2016 ITEM NUMBER: 5C PROJECT NUMBER: ITEM TITLE: ELM STREET WATERLINE REPLACEMENT Approval of Award of Bid and Agreement to STAR CONSTRUCTION LLC. for the ELM STREET WATERLINE REPLACEMENT project for a Not -To -Exceed amount of $109,577.00 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 CONTRACT FOR PUBLIC WORKS CONSTRUCTION ELM STREET WATER LINE REPLACEMENT PROJECT # 10520.13 THIS CONTRACT FOR PUBLIC WORKS CONSTRUCTION is made this day of August 2016, and entered into by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho, hereinafter referred to as "CITY", 33 East Broadway Avenue, Meridian, Idaho 83642, and STAR Construction LLC., hereinafter referred to as "CONTRACTOR", whose business address is PO Box 157 Star ID 83669and whose Idaho Public Works Contractor License # is C -14428 -AAA -4. INTRODUCTION Whereas, the City has a need for services involving WATER LINE CONSTRUCTION; and WHEREAS, the Contractor is specially trained, experienced and competent to perform and has agreed to provide such services; NOW, THEREFORE, in consideration of the mutual promises, covenants, terms and conditions hereinafter contained, the parties agree as follows: TERMS AND CONDITIONS 1. Scope of Work: 1.1 CONTRACTOR shall perform and furnish to the City upon execution of this Contract and receipt of the City's written notice to proceed, all services and work, and comply in all respects, as specified in the document titled "Scope of Work" a copy of which is attached hereto as Exhibit "A" and incorporated herein by this reference, together with any amendments that may be agreed to in writing by the parties. 1.2 All documents, drawings and written work product prepared or produced by the Contractor under this Agreement, including without limitation electronic data files, are the property of the Contractor; provided, however, the City shall have the right to reproduce, publish and use all such work, or any part thereof, in any manner and for any purposes whatsoever and to authorize others to do so. If any such work is copyrightable, the Contractor may copyright the same, except that, as to any work which is copyrighted by the Contractor, the City reserves a royalty -free, non-exclusive, and irrevocable license to reproduce, publish and use such work, or any part thereof, and to authorize others to do so. 1.3 The Contractor shall provide services and work under this Agreement consistent with the requirements and standards established by applicable federal, state and city laws, ordinances, regulations and resolutions. The Contractor ELM STREET WATER LINE REPLACEMENT page 1 of 14 Project 10520.13 34. Approval Required: This Agreement shall not become effective or binding until approved by the City of Meridian. CITY OF MERIDIAN B TAMMY de V RD, MAYOR Dated: Approved by Council Attest: AAVN-��- CITY ERK Purchas7in Approval BY: 7 KEITwWATTS, Purchasing Manager Dated::- L / Z—/ Project Manager Dean Stacey STAR CONISTR'OCTION, LLC. BY: IRMINGEk, AA ANA t M Ci Dated: E/3,11 & r. n Chy or O C�WWDIAN� 4 N=.0-/ to- SEAL S',) ELM STREET WATER LINE REPLACEMENT page 11 of 14 Project 10520.13 ,,Meridian City Council Meeting DATE: August 1-8; 2016 ITEM NUMBER: 5D PROJECT NUMBER: ITEM TITLE: Settlement Agreement Settlement Agreement between the United States of America and City of Meridian under the Americans with Disabilities Act MEETING NOTES Q 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 20. The person signing for the City represents that he or she is authorized to bind the City to this Agreement. 21. The effective date of this Agreement is the date of the last signature below. Executed this day of August, 2016. FOR The City of Meridian: TAMMY de ERD Mayor, City o Meridian, Idaho ZZ WILLIAM L.M. NAR Attorney for the City of Meridian Executed this' day of August, 2016 FOR THE UNITED STATES: WENDY J. OLSON By CHRISTIN EAL ENGLAND Assistant United States Attorney SETTLEMENT AGREEMENT - 6 Meridian City Council Meeting /b DATE: August .18-, 2016 ITEM NUMBER: 5E PROJECT NUMBER: ITEM TITLE: Semi -Permanent and Temporary Records Resolution No. I �_, 11 : A Resolution of the Mayor and City Council of the City of Meridian Authorizing the City Clerk to Destroy Certain Semi - Permanent and Temporary Records of the Human Resources Department; and Providing an Effective Date. MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS CITY OF MERIDIAN RESOLUTION NO. BY THE CITY COUNCIL: BIRD, BORTON, CAVENER, MILAM, PALMER, LITTLE-ROBERTS A RESOLUTION OF THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN AUTHORIZING THE CITY CLERK TO DESTROY CERTAIN SEMI-PERMANENT AND TEMPORARY RECORDS OF THE HUMAN RESOURCES DEPARTMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Mayor and City Council have the authority pursuant to Idaho Code § 50-907(7) to, by resolution, destroy semi-permanent and temporary records upon the advice of the City Attorney, and with such disposition to be under the direction and supervision of the City Clerk; and WHEREAS, the City Clerk has identified certain semi-permanent and temporary records that may be destroyed pursuant to Idaho Code § 50-907(2) and (3) because the time period for retention of such records has expired; NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN CITY, IDAHO: Section 1. That the City Clerk is hereby authorized to direct and supervise the destruction of the following semi-permanent and temporary records of the Human Resources Department: HUMAN RESOURCES YEAR(S) DESCRIPTION DEPARTMENT Semi -Permanent Records Affirmative Action; 2000-2002, 2002- Records documenting city compliance with the Civil Rights Act of Equal Employment 2004, 2005-2007, 1964, the Equal Employment Opportunity Act of 1972 and the Opportunity 2010, 2011 Americans with Disabilities Act. Records include: plans, policy Commission Reports statements, reports, investigations, case files and related information. Also includes EEO -4 reports submitted to the Equal Employment Opportunity Commission (EEOC) documenting compliance with EEOC requirements by cities with 15 or more employ es. Insurance 1996, 1997, Records documenting plan descriptions and summaries of city Policies/Plans: 1998, 1999, 2001 insurance policies and plans covering employee group health and Employee Group Health life benefits, including annual certification records. and Life Benefits Temporary Records Collective Bargaining 1999 Records documenting negotiations between the city and employee representatives, including contracts, reports, negotiation notes, letters of agreement, arbitration findings, cost analyses, minutes, tape recordings, etc. Recruitment and 1998, 2002-2007, Documents regarding the recruitment and selection of city Selection Records for 2009-2013 employees and contracted service providers such as attorneys, Applicants who are auditors, consultants, etc. Records may include, but are not limited Hired; Not Hired to: job announcements and descriptions, applicant lists, applications and resumes, position advertisement records, civil service and other examination records, interview questions, interview and application scoring notes, applicant background investigation information, RESOLUTION AUTHORIZING DESTRUCTION OF HUMAN RESOURCES DEPARTMENT RECORDS 2016-05 PAGE I OF 2 polygraph test results, letters of reference, civil service records, staffing requisition forms, certification of eligibles, recruitment file (job announcement, position description, documentation relating to the announcement and test, and test items and rating levels), and related correspondence and documentation. Section 2. That the City Clerk is authorized to take all necessary steps to destroy the records as provided by this Resolution. Section 3. That this Resolution shall be in full force and effect immediately upon its adoption and approval. ADOPTED by the City Council of the City of Meridian, Idaho, this 16th day of August, 2016. APPROVED by the Mayor of the City of Meridian, Idaho, this 16th day of August, 2016. APPROVED: BY: Mayor Tammy e Weerd oo�Pt�pq Uw �Etv of �IDIAN 16- ATTEST: By: SEAL 1pa TRBAS����P _ C. Jay. Coles, ity Clerk RESOLUTION AUTHORIZING DESTRUCTION OF HUMAN RESOURCES DEPARTMENT RECORDS 2016-05 PAGE 2 OF 2 Meridian City Council Meeting I 6 DATE: August �, 2016 ITEM NUMBER: 6A PROJECT NUMBER: ITEM TITLE: Police Department Police Department: Chief Lavey to Swear in 3 New Police Officers - Tavita Messenger, Brandon Esparza, Scott Frazier MEETING NOTES L'X 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 I61 DATE: August)§, 2016 ITEM NUMBER: 8A PROJECT NUMBER: H-2016-0086 ITEM TITLE: Biltmore Estates Subdivision No 3 A. Final Plat for Biltmore Estates Subdivision No 3 (H-2016-0086) Located at W. Victory Road and West of South Meridian Road 1. Request: Final Plat for Thirty One (3 1) Single Family Residential Building Lots and Six (6) Common Lots on Approximately 1 1.91 Acres in the R-4 Zoning District by Oakwood Estates LLC. 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 f Meridian City Council Meeting DATE: August 0, 2016 ITEM NUMBER: 8B PROJECT NUMBER: H-2016-0068 ITEM TITLE: Velvet Point Subdivision B. Public Hearing for Velvet Point Subdivision (H-2016-0068) by Mussell Construction Located East of S. Locust Grove Road Between E. Time Zone Drive and E. Lake Street 1. Request: Combined Preliminary/Final Plat Approval Consisting of One (1) Building Lot on 0.19 of an Acre in the R-4 Zoning District MEETING NOTES 9 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 Changes to Agenda: Item #8A: Biltmore Estates Subdivision No. 3 (H-2016.0086) The applicant has requested to continue the item to the September 61" hearing. Item #813: Velvet Point Subdivision (H-2016.0068) Application(s): ➢ Preliminary/Final Plat Size of property, existing zoning, and location: This site consists of 0.19 of an acre of land, is currently zoned R-4, and is located at 2795 S. Velvet Falls Way. Adjacent Land Use & Zoning: The property is located within Salmon Rapids Subdivision No. 4 and is surrounded by single-family residential parcels, zoned R-4. History: The preliminary plat for Salmon Rapids Subdivision was approved in 1994, and the Salmon Rapids No. 4 Final Plat was approved in 1995. Comprehensive Plan FLUM Designation: MDR Summary of Request: A combined preliminary and final plat is proposed consisting of 1 building lot on 0.19 of an acre of land in the R-4 zoning district for Velvet Point Subdivision. The proposed subdivision is a re -subdivision of Lot 5, Block 7, Salmon Rapids Subdivision No. 4. The lot in question is dedicated as a common lot; however it was never counted as part of the required open space for the Salmon Rapids Subdivision. The proposed plat complies with the dimensional standards of the R-4 district. Access is proposed via existing local streets. Future structures on these lots are required to comply with the UDC Written Testimony Since Commission Hearing: Eric and Kamberli Shaner Commission Recommendation: Approval with Conditions a. Summary of Commission Public Hearing: i. In favor: Kent Mussell (Applicant) ii. In opposition: Erick Shaner iii. Commenting: Eric Shaner iv. Written testimony: None v. Staff presenting application: Josh Beach vi. Other staff commenting on application: Bill Parsons b. Key issue(s) of Public Testimony: i. Losing this as "open space" for the existing development. c. Key Issues of Discussion by Commission: i. Height of the proposed home, whether one-story of two-story. d. Commission Change(s) to Staff Recommendation: i. The applicant shall comply with the submitted elevation. e. Outstanding Issue(s) for City Council: i. None Notes: Possible Motions: Approval After considering all staff, applicant and public testimony, I move to approve File Number H-2016-0068, as presented in the staff report for the hearing date of August 16, 2016, with the following modifications: (Add any proposed modifications to conditions) Denial After considering all staff, applicant and public testimony, I move to deny File Number H-2016-0068, as presented during the hearing on August 16, 2016, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Number H-2016-0068 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance) Pl a n n i n g & Z o n i n g Co m m i s s i o n M e e t i n g Au g u s t 1 6 , 2 0 1 6 It e m # 8 B : V e l v e t P o i n t S u b d i v i s i o n Vi c i n i t y M a p Pr e l i m i n a r y / F i n a l P l a t Si t e P l a n El e v a t i o n s CITY OF MERIDIAN CITY COUNCIL PUBLIC HEARING SIGN -IN SHEET Date: August 16, 2016 Item # Project Number: Project Name: H-2016-0068 2�3 Velvet Point Subdivision Please print your name For Against Neutral Do you wish to testify (Y/N) AV i") CITY CITY CLERKS OFFNCE Meridian City Council Meeting DATE: August .1.9, 2016 ITEM NUMBER: $C PROJECT NUMBER: H-2016-0074 ITEM TITLE: Settlers Square Subdivision Public Hearing for Settlers Square Subdivision (H-2016-0074) by Seagle Three, LLC Located 870 W. Ustick Road 1. Request: Development Agreement Modification to Change the Internal Public Roads to Private Driveways and Allow for Temporary Vehicle Access to Ustick Road MEETING NOTES us --t 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 Item #8C: Settlers Square Subdivision (H-2016.0074) Application(s): ➢ Development Agreement Modification Size of property, existing zoning, and location: This site consists of approximately 9.001 acres of land, zoned C -C, located at 870 W. Ustick Road. Summary of Request: The applicant is requesting to amend the recorded development agreement (DA) approved with the annexation of the property in 2007 (Instrument #108059803). In the Development Agreement that was signed in 2008, the applicant was granted direct access to Ustick Road. Due to policy changes at ACRD, and city code changes, direct access to Ustick Road is no longer desired by both parties. In working with the applicant, City staff and ACHD are supportive of an interim access to Ustick Road until such time that a public street and/or shared driveway are constructed with the development of the property to the west. To ensure the interim access is terminated in the future, staff required the applicant to submit a revised concept plan with a concurrent development agreement modification application prior to adoption of the Findings by City Council. The provided concept plan was to provide details on how the site would be designed after the removal of the temporary access to Ustick Road. NOTE: ACHD also requires the applicant to enter into a development agreement with them for the temporary access to Ustick Road and provide financial surety for the closure of the driveway. History: • In 2008, the property was granted annexation (AZ -07-018), approval by the City Council with the C -C zoning district for Settlers Square Subdivision. A development agreement (DA) was approved with the annexation (instrument # 108059803). A preliminary plat (PP -07-021) was also approved concurrently that consisted of 12 commercial lots and 2 common lots on 9.001 acres. The preliminary plat expired in 2010, but the Development Agreement for the property does not expire, and is still in effect. • In 2015, the property was granted preliminary plat (H-2015-0014) approval for 12 commercial lots on 9.001 acres of land however, a condition of approval required the applicant to modify the existing DA prior to Council's approval of the PP Findings. In general, staff is supportive of the requested changes, to the DA. To move forward with development of the site as proposed by the applicant, staff recommends the following DA modifications: 1. Development of the property shall substantially comply with the commercial elevations and the conceptual site plan submitted with the subject application. 2. A. Except for the two access points noted on the plat, no lot shall have direct access to Ustick Road or Venable Ave. Place a note on the face of the final plat prohibiting direct lot access to Ustick Road and Venable Ave. The single/temporary access to Ustick Road shall be terminated at the time the property to the west constructs an access to Ustick Road that aligns with N. Blairmore Way. B. A cross -access easement/agreement shall be recorded for all commercial lots within the subdivision. All lots within the subdivision shall have access to the public streets via private drive aisles. 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 said cross -access. Written Testimony: None Staff Recommendation: Approval Notes: Possible Motions: Approval After considering all staff, applicant and public testimony, I move to approve File Number H-2016-0074, as presented in the staff report for the hearing date of August 16, 2016: (Add any proposed modifications to conditions) Denial After considering all staff, applicant and public testimony, I move to deny File Number H-2016-0074, as presented during the hearing on August 16, 2016, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Number H-2016-0074 to the hearing date of (insert continued hearing date here)for the following reason(s): (You should state specific reasons) for continuance.) It e m # 8 C : S e t t l e r s S q u a r e S u b . MD A Zo n i n g / A e r i a l M a p Ap p r o v e d C o n c e p t P l a n Pr o p o s e d C o n c e p t P l a n 5. C O N D I T I O N S G O V E R N I N G D E V E L O P M E N T O F S U B J E C T P R O P E RT Y : 5. 1 . 1 O w n e r / D e v e l o p e r s h a l l d e v e l o p t h e P r o p e r t y i n a cc o r d a n c e w i t h t h e f o l l o w i n g s p e c i a l c o n d i t i o n s : ► 2. A . E x c e p t f o r t h e t w o a c c e s s p o i n t s n o t e d o n t h e p l a t , n o l o t s h a l l h a v e d i r e c t a c c e s s to U s t i c k R o a d o r V e n a b l e A v e . P l a c e a n o t e o n t h e f ac e o f t h e f i n a l p l a t p r o h i b i t i n g di r e c t l o t a c c e s s t o U s t i c k R o a d a n d V e n a b l e A v e . T he s i n g l e / t e m p o r a r y a c c e s s t o U s t i c k Ro a d s h a l l b e t e r m i n a t e d a t t h e t i m e t h e p r o p e r t y t o t h e w e s t c o n s t r u c t s a n a c c e s s t o Us t i c k R o a d t h a t a l i g n s w i t h N . B l a i r m o r e W a y . ► B. A c r o s s - a c c e s s e a s e m e n t / a g r e e m e n t s h a l l b e r e c o r de d f o r a l l c o m m e r c i a l l o t s w i t h i n th e s u b d i v i s i o n . A l l l o t s w i t h i n t h e s u b d i v i s i o n s h al l h a v e a c c e s s t o t h e p u b l i c s t r e e t s v i a pr i v a t e d r i v e a i s l e s . T h i s a g r e e m e n t s h a l l b e r e c o r de d a n d a c o p y o f s a i d a g r e e m e n t su b m i t t e d t o t h e C i t y p r i o r t o t h e C i t y E n g i n e e r ’ s s ig n a t u r e o n t h e f i n a l p l a t O R a n o t e sh a l l b e a d d e d t o t h e f a c e o f t h e f i n a l p l a t g r a n t i ng s a i d c r o s s - a c c e s s . CITY OF MERIDIAN CITY COUNCIL PUBLIC HEARING SIGN -IN SHEET Date: August 16, 2016 Item # Project Number: H-2016-0074 Project Name: Settlers Square Subdivision Please print your name For Against Neutral Do you wish to testify (Y/N) f�ECEIYFZi z I t a Meridian City Council Meeting DATE: August,, 2016 ITEM NUMBER: PROJECT NUMBER: H-2016-0087 ITEM TITLE: Creason Creek No. 1 Public Hearing for Creason Creek No. 1 (H-2016-0087) by ULC Management, LLC Located Near the Southeast Corner of N. Linder Road and W. Ustick Road 1. Request: Modification to the Development Agreement to Allow the Developer to Receive Four (4) Building Permits Prior to Recording a Final Plat MEETING NOTES A14lkVj a�� Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Item #8D: Creason Creek Subdivision (H-2016-0087) Application(s): ➢ Development Agreement Modification ➢ Final Plat Modification Size of property, existing zoning, and location: This site consists of approximately 15.75 acres of land, zoned R-8, located near the southeast corner of N. Linder Rd. and W. Ustick Rd. Summary of Request: The applicant is requesting to amend the recorded development agreement (DA) approved with the annexation of the property, recorded as Instrument #2016-019362. Additionally, the applicant requests approval to modify the Creason Creek No. 1 final plat to convert Lot 4, Block 1 to a common lot/drainage facility and to relocate the proposed pathway outside of the Nampa - Meridian Irrigation easement. This site consists of four legal parcels. The applicant would like to start construction on four houses, one on each parcel. Therefore, the applicant requests a new DA provision be included that would allow the applicant of obtain approval of four (4) building permits prior to the property being subdivided. Provided that access to the building sites meets the Fire Department's standards and any other applicable life safety requirements, staff does not object to the applicant commencing construction on these four structures. These structures should be located so that they comply with the setbacks of the R-8 zoning district for the future platted lots. Prior to issuance of Certificate of Occupancy for these structures, the final plat should be recorded and all improvements completed. DA Modification: Staff is supportive of the requested DA provision as the UDC allows for the approval. C. The applicant shall be granted approval to obtain four (4) building permits prior to the recordation of the final plat. The applicant shall not however be granted any Certificates of Occupancy until such time as the plat is recorded and all site improvements are accepted by the City. The council approved the final plat with a total of 34 single-family residential lots and 6 common lots. Due to requirements of the Nampa -Meridian Irrigation District (NMID), the applicant has requested to modify the plan and to reduce the number of buildable lots to address NMID's concerns. The applicant proposes to reduce the number of buildable lots from thirty four (34) to thirty three (33), with the number of common lots remaining the same at six (6). The open space for the subdivision has changed from 0.82 acres of qualified open space that was approved with the previously approved final plat, to 0.90 acres of qualified open space for the proposed final plat. The amenity package for the development will not change. The applicant is proposing a 10 -foot multi -use pathway and a dog park as part of this phase of development for the Creason Creek Subdivision. The remaining amenities that were approved as part of the Overall Creason Creek Subdivision will be constructed with a subsequent phase of development. Final Plat Modification: Staff is supportive of the requested changes to the final plat. In order to proceed with the modification as proposed by the applicant, the plat notes must be modified as follows: Proposed Changes to Final Plat: 1) Plat Note #7 - Currently, this plat note does not indicate that Lot 4, Block 1 is a common lot for the subdivision. The plat note needs to be revised to indicate this as a common lot that shall be owned and maintained by the HOA. 2) Modify condition 5(b) to read as follows: Extend Lot 3, Block 1 to the west boundary of Lot 5, Blor4 4 The entire -lot Lot 4, Block 1 shall be designed to include the 10 -foot wide multi -use pathway and landscape standards set forth in UDC 11-3A-8 and UDC 11-36-12C. The developer shall provide a minimum fourteen (14) foot wide recreational pathway easement covering the pathway route for City Council approval and recordation. Depict 4 -foot tall bollard lighting, or other appropriate lighting source, along all pathways through common areas that are not visible from a public street as set forth in UDC 11 -3A -8H. Staff recommends approval of the development agreement modification and final plat modification with recommended provisions. History: • In 2015, the property received approval of Annexation, Preliminary Plat and Alternative Compliance (AZ -15-009, PP -15-014, ALT -15-020) to develop a residential subdivision consisting of 51 single family residential lots and 8 common lots on approximately 15.75 acres of land. • In 2016, the property received approval of the first phase of the subdivision that consists of 34 single-family residential building lots and 6 common lots on 8.72 acres of land (H-2016-0022). Written Testimony: None Staff Recommendation: Approval Notes: Possible Motions: Approval After considering all staff, applicant and public testimony, I move to approve File Number H-2016-0087, as presented in the staff report for the hearing date of August 16, 2016: (Add any proposed modifications to conditions) Denial After considering all staff, applicant and public testimony, I move to deny File Number H-2016-0087, as presented during the hearing on August 16, 2016, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Number H-2016-0087 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance.) CITY OF MERIDIAN CITY COUNCIL PUBLIC HEARING SIGN -IN SHEET Date: August 16, 2016 Item # Project Number: Project Name: H-2016-0087 UE DA Modification Creason Creek No. 1 Please print your name For Against Neutral Do you wish to testify (YIN) r1z g S ....s., tt3L l /.f Y { 5 c'1 l PP `y �ry Meridian City Council Meeting 16 DATE: August,1, 2016 ITEM NUMBER: 8E PROJECT NUMBER: H-2016-0087 ITEM TITLE: Creason Creek No. 1 Final Plat Approval for Creason Creek No. 1 (H-2016-0087) by ULC Management, LLC Located Near the Southeast Corner of N. Linder Road and W. Ustick Road 1. Request: Modification to the Final Plat to Alter the Number of Buildable and Common Lots and to Move the Multi -Use Pedestrian Pathway Out of the Nampa Meridian Irrigation District's Easement and Into a Common Lot and to Update the Landscape Plan, Plat and Open Space Calculations MEETING NOTES (0P Aim fb R1 RV * Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS It e m s # 8 D , E : C r e a s o n C r e e k S u b d i v i s i o n - Z o n i n g & A e r i al M a p s Ap p r o v e d F i n a l P l a t Pr o p o s e d F i n a l P l a t Ap p r o v e d F i n a l P l a t Pr o p o s e d F i n a l P l a t Ea r l y S t a r t L o t s E x h i b i t 5. C O N D I T I O N S G O V E R N I N G D E V E L O P M E N T O F S U B J E C T P R O P E R T Y : 5. 1 O w n e r / D e v e l o p e r s h a l l d e v e l o p t h e P r o p e r t y i n a c co r d a n c e w i t h t h e f o l l o w i n g s p e c i a l c o n d i t i o n s : ► c. T h e a p p l i c a n t s h a l l b e g r a n t e d a p p r o v a l t o o b t a i n f o u r ( 4 ) b u i l d i n g p e r m i t s p r i o r t o t h e r e c o r d a t i o n o f t h e f i n a l p l a t . T h e a p p l i c a n t s ha l l n o t h o w e v e r b e g r a n t e d a n y C e r t i f i c a t e s o f O c c u p a n c y u n t i l s u c h t i m e a s t h e p la t i s r e c o r d e d a n d a l l s i t e i m p r o v e m e n t s a r e a c c e p t e d b y t h e C i t y . T h e i s s u a n ce o f t h e s e f o u r p e r m i t s s h a l l b e a f t e r t h e s a t i s f a c t o r y c o m p l e t i o n o f t h e f o l l o w in g p r e r e q u i s i t e i t e m s : ► a. T h e d o m e s t i c w a t e r s y s t e m s h a l l b e i n s t a l l e d , t e s te d , a n d a c t i v a t e d s o t h a t f i r e h y d r a n t s a r e a v a i l a b l e d u r i n g c o n s t r u c t i o n . ► b. T h e s a n i t a r y s e w e r s y s t e m s h a l l b e i n s t a l l e d a n d t e s t e d . ► c. A t a m i n i m u m , a c o m p a c t e d g r a v e l r o a d b a s e s h a l l b e i n p l a c e t h a t w i l l s u p p o r t t h e w e i g h t o f a f i r e a p p a r a t u s ( 7 5 , 0 0 0 l b s ) . ► d. A t a m i n i m u m , t e m p o r a r y s t r e e t s i g n s w i l l n e e d t o b e i n p l a c e . Ex h i b i t A . 7 : P r o p o s e d C h a n g e s t o F i n a l P l a t : 1. Pl a t N o t e # 7 - C u r r e n t l y , t h i s p l a t n o t e d o e s n o t i n d i c a t e t h a t L ot 4 , B l o c k 1 i s a c o m m o n l o t fo r th e s u b d i v i s i o n . T h e p l a t n o t e n e e d s t o b e r e v i s e d t o i n d i c a te t h i s a s a c o m m o n l o t t h a t s h a l l be ow n e d a n d m a i n t a i n e d b y t h e H O A . 2. Mo d i f y c o n d i t i o n 5 ( b ) t o r e a d a s f o l l o w s : E x t e n d L o t 3 , B l o c k 1 t o t h e w e s t b o u n d a r y o f Lo t 5, B l o c k 1 . T h e e n t i r e l o t L o t 4 , B l o c k 1 s h a l l b e d e s i g n e d t o i n c l u d e t h e 1 0 - f o o t w i d e m u l t i - us e pa t h w a y a n d l a n d s c a p e s t a n d a r d s s e t f o r t h i n U D C 1 1 - 3 A - 8 a n d U D C 1 1 - 3 B - 1 2 C . Th e de v e l o p e r s h a l l p r o v i d e a m i n i m u m f o u r t e e n ( 1 4 ) f o o t w i d e r e c r e a t i o n a l p at h w a y ea s e m e n t co v e r i n g t h e p a t h w a y r o u t e f o r C i t y C o u n c i l a p p r o v a l a n d r e c o r d a t i o n . D e pi c t 4 - f o o t t a l l bo l l a r d li g h t i n g , o r o t h e r a p p r o p r i a t e l i g h t i n g s o u r c e , a l o n g a l l p a t h w a y s th r o u g h c o m m o n a r e a s t h a t ar e no t v i s i b l e f r o m a p u b l i c s t r e e t a s s e t f o r t h i n U D C 1 1 - 3 A - 8 H . CITY OF MERIDIAN CITY COUNCIL PUBLIC HEARING SIGN -IN SHEET Date: August 16, 2016 Item # Project Number: Project Name: H-2016-0087 Final Plan Modification -Creason Creek No. 1 Please print your name For Against Neutral Do you wish to testify (Y/N) ilT � � CYC Y C £ E R K S Meridian City Council Meeting lG DATE: August A-9',2016 ITEM NUMBER: $F PROJECT NUMBER: H-2016-0060 ITEM TITLE: Silverstone Apartments FUNIC Hearing Tor Silverstone Apartments - - y Devuo, LLU Locateda E. Overland Road Request: Amendment to the Comprehensive Plan Future Land Use Map to Change the Land Use Designation on 25.97 Acres of Land from Medium Density Residential to Mixed Use Regional and to Change the Land Use Designation on 42.18 from Boise's "Suburban" Comprehensive Plan Land Use Designation to Medium Density Residential Request: Annexation and Zoning of 14.41 Acres of Land from the RUT to the C -G Zoning District Request: Conditional Use Permit for a Multi -Family Development Consisting of X19 nw,-Ilinr-i I Initc in the 7nninn nictrir,t MEETING NOTES 9 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 Item #8F: Silverstone Apartments (H-2016-0058) Application(s): ➢ Comprehensive Plan Map Amendment ➢ Annexation & Zoning ➢ Conditional Use Permit Size of property, existing zoning, and location: The overall site consists of 25.97 acres of land, is currently zoned RUT in Ada County, and is located at 4225 E. Overland Road. Adjacent Land Use & Zoning: North: E. Overland Road and single family homes in Rolling Hills Subdivision, zoned R1 in Ada County East: Commercial property, zoned RUT in Ada County South: Agricultural property, zoned RUT in Ada County West: Commercial property in the Silverstone Business Park, zoned C -G History: None Comprehensive Plan FLUM Designation: MDR Summary of Request: The applicant, DevCo, LLC, has submitted an application for the following: • An amendment to the Future Land Use Map (FLUM) contained in the Comprehensive Plan (CPAM) to change the land use designation on 25.97 acres of land from Medium Density Residential (MDR) to Mixed Use -Regional (MU -R); and 42.18 acres to the Medium Density Residential Comprehensive Plan Land Use designation. • Annexation and zoning (AZ) of 14.41 acres of land from the RUT zoning district in Ada County to the C -G zoning district; • Conditional use permit (CUP) for a multi -family development consisting of 312 dwelling units in the C -G district. A concept plan for the entire proposed MU -R area was submitted with the subject application. The concept plan depicts a mixed use development consisting of ten (10) commercial buildings ranging in size from 40,000 square feet to 3,500 square feet, access to the future development and various other commercial site improvements and a 312 unit multi -family development. This is a first phase of a much larger development that is slated for a future application submittal (see applicant's narrative for details). Prior to submitting an application to the City of Meridian, the applicant reached out to Boise City to determine the likelihood of being able to provide utilities to the 42.18 acres proposed to be included in the Comprehensive Plan Future Land Use Map. (The property to be included in the Comprehensive Plan Future Land Use Map is indicated in a purple box). It was determined that Boise City could not provide utilities for the property in question. In a letter dated January 20, 2016 sent to Cody Riddle, the Current Planning Manager for Boise City, Warren Stewart of the City of Meridian indicated that the area in question was included in Meridian's Master Planning for Sanitary Sewer and Water Services and that the property is serviceable by the City of Meridian. Subsequently, Boise's City Council de -annexed the subject property on April 19, 2016 and a letter was sent to the applicant stating such. The applicant is now requesting to include this 42.18 acre parcel into the City of Meridian's Comprehensive Plan Future Land Use Map with the MDR land use designation. The applicant requests approval to annex and zone 14.41 acres of land with a C -G zoning district consistent with the proposed FLUM designation of MU -R to develop the multi -family portion of the property. In the application submittal, the applicant did submit a tentative approval letter from Ada County Development Services approving a property boundary in the configuration of the proposed development. Staff recommends that the applicant submit a letter of final approval from Ada County Development Services for the Boundary Line Adjustment and a recorded copy of the Record of Survey, prior to approval of the annexation ordinance by City Council, A CUP is requested for the development of a MFR use on the subject 14.41 acre property in the proposed C -G district as required by the UDC for a MFR development in the C -G district. The multi -family residential development is proposed to consist of 312 dwelling units within (15) 3 -story structures on 13.51 acres of land. The units will consist of 204 2 -bedroom units and 1081 -bedroom units containing 500s.f. and 1,200 s.f. respectively. A 4,389 s.f. clubhouse is proposed that will contain a business center, leasing office, exercise room, and enclosed bike storage with a covered patio. Associated garage (15) and carport structures (25) are also proposed The commercial portion of the site is not proposed to develop at this time. The primary entrance for the development is from E. Overland Road. The applicant has also proposed cross -access to the future commercial development to the east and depicts a road to the southwest corner of the apartments that will provide access to an existing stub street (E. Pewter Falls Street) from the Silverstone Campus Subdivision. Because all of the proposed units (312) contain between 500 and 1,200 square feet of living area, a minimum of 78,000 s.f. (or 1.79 acres) of common open space is required to be provided. A total of 2.55 acres of passive and active open space is proposed. Common open space is required to be a minimum of 400 s.f. in area with a minimum length and width dimension of 20 feet. The calculations table depicts 111,383 s.f. of common open space is proposed, which exceeds the requirements of the UDC. The applicant proposes to provide the following amenities: 1) clubhouse, 2) fitness facility (in the clubhouse), 3) a swimming pool, 4) a children's play structure, 5) a 50'x 100' open grassy area, and 6) enclosed bicycle storage (within the clubhouse), with the capability of storing approximately 60 bicycles, and 7) a business center (within the clubhouse) which fall under the quality of life and recreation categories. The applicant has provided seven (7) amenities as detailed above. Staff believes the applicant has provided sufficient amenities for the size of the proposed development. Written Testimony Since Commission Hearing: None Commission Recommendation: Approval with Conditions a. Summary of Commission Public Hearing: vii. In favor: Jim Conger (Applicant) viii. In opposition: Donna McDonald, ix. Commenting: Gary Glenn, Jerrod Jenldns x. Written testimony: None xi. Staff presenting application: Josh Beach xn. Other staff commenting on application: Bill Parsons b. Key issue(s) of Public Testimony: i. Traffic on Overland Road ii. Access to Overland Road c. Key Issues of Discussion by Commission: ii. Design of the apartment in. Access to Overland Road iv. Amenities provided with the development X. Appropriateness of this property as part of the large Mixed Use designation di. Commission Change(s) to Staff Recommendation: ii. None L Outstanding Issue(s) for City Council: ii. None Notes: POSSIBLE MOTIONS Approval After considering all staff, applicant and public testimony, I move to approve File Number H-2016-0060, as presented in the staff report for the hearing date of July 7, 2016, with the following modifications: (Add any proposed modifications.) Denial After considering all staff, applicant and public testimony, I move to deny File Number H-2016-0060, as presented during the hearing on July 7, 2016, for the following reasons: (You should state specific reasons for denial.) Continuance I move to continue File Number H-2016-0060 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance.) A Notes: Possible Motions: Approval After considering all staff, applicant and public testimony, I move to approve File Number H-2016-0078, as presented in the staff report for the hearing date of July 26, 2016: (Add any proposed modifications to conditions) Denial After considering all staff, applicant and public testimony, I move to deny File Number H-2016-0078, as presented during the hearing on July 26, 2016, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Number H-2016-0078 to the hearing date of July 26, 2016 for the following reason(s): (You should state specific reasons) for continuance.) Silverstone Apartments Meridian City Council Vicinity Map E Overland Rd S E a g l e R d Meridian City 42 Acre Parcel Removed from Boise Site Plan Access Points Traffic Flow Silverstone Apartments Vicinity Map E Overland Rd S E a g l e R d Comprehensive Plan Map Amendment Amenities Features: *Swimming Pool *Playground *Large Open Grassy Area *Covered Patios *Trellis Lounging/Sunning Areas *Bike Barn *Wi-Fi Overland Road Elevation Architectural Design Clubhouse Traffic Flow Pedestrian Pathway Mixed Use Site Plan Boise 42 Acre De-Annexation Parcel Cross Access Silverstone Apartments Southern Area Site Plan CITY OF MERIDIAN CITY COUNCIL PUBLIC HEARING SIGN -IN SHEET Date: August 16, 2016 Item # Project Number: Project Name: H-2016-0060 Silverstone Apartments Please print your name For Against Neutral Do you wish to testify (Y/N) v Meridian City Council Meeting l DATE: August 1-8,'2016 ITEM NUMBER: 9 PROJECT NUMBER: ITEM TITLE: Future Meeting Topics MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: Auqust W,, 2016 ITEM NUMBER: 10 PROJECT NUMBER: ITEM TITLE: Executive Session per Idaho State Code 74-206 (1) (d) : To Consider Records That Are Exempt From Disclosure As Provided In Chapter 3, Title 9, Idaho Code 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