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HomeMy WebLinkAbout2016-09-20E IDIAN IUAH CITY OF MERIDIAN CITY COUNCIL PRE -COUNCIL MEETING SPECIAL MEETING AGENDA Tuesday, September 20, 2016 at 5:00 PM City Council Chambers 33 East Broadway Avenue, Meridian, Idaho 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. Adoption of the Agenda Adopted 3. Executive Session Per Idaho State Code 74-206A (1)(a): A governing body or its designated representatives may hold an executive session for the specific purpose of : (a) Considering a labor contract offer or to formulate a counteroffer. Into Executive Session at 5:01 pm Out of Executive Session at 6:04pm Adjourned at 6:04pm Meridian City Council Pre -Council Meeting Agenda — September 20, 2016 Page 1 of 1 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 IDIAN CITY COUNCIL REGULAR AMENDED MEETING AGENDA City Council Chambers 33 East Broadway Avenue Meridian, Idaho Tuesday, September 20, 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 tett at 6:21pm X Mayor Tammy de Weerd 2. Pledge of Allegiance by Cub Scout Troop #365 3. Community Invocation by Pastor Troy Drake with Calvary Chapel Meridian 4. Adoption of the Agenda Adopted 5. Consent Agenda Approved A. Approve Minutes of September 6, 2016 City Council Meeting B. Addendum No. 14 to Boise City Prosecutorial Agreement C. Final Order for Hill's Century Farm No. 5 (H-2016-0103) by Brighton Investments, LLC Located on the East Side of S. Eagle Road, approximately'/4 Mile North of E. Lake Hazel Road. D. Final Order for Bainbridge Subdivision No. 4 (H-2016-0094) by Brighton Investments, LLC Located East of N. Black Cat Road, Midway Between W. Chinden Boulevard and W. McMillan Road E. Final Order for Decatur Estates Subdivision No. 2 (H-2016-0101) by 4345 Linder Road, LLC Located 4345 N. Linder Road F. Final Order for Vicenza Subdivision No. 3 (H-2016-0096) by Cottonwood Development, LLC Located North of W. McMillan Road; Between N. Black Cat Road and N. Ten Mile Road Meridian City Council Meeting Agenda Tuesday, September 20, 2016 — Page 1 of 6 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. G. Final Order for Vicenza Subdivision No. 4 (H-2016-0097) by Cottonwood Development, LLC Located North of W. McMillan Road, Between N. Black Cat Road and N. Ten Mile Road H. Findings of Fact, Conclusions of Law For Approval for Twelve Oaks (H- 2016-0100) by Twelve Oaks, LLC Located 1845 W. Franklin Road I. Findings of Fact, Conclusions of Law for Approval for Roundtree Place Subdivision (H-2016-0081) by Trilogy Development Located at 755 S Linder Road J. Final Plat for Biltmore Estates Subdivision No. 3 (H-2016-0086) by Oakwood Estates, LLC Located at W. Victory Road and West of S. Meridian Road K. Final Plat for Howry Lane Subdivision No 1 (H-2016-0106) by M3 Acquisitions, LLC Located at 5220 S Howry Lane L. Professional Service Agreement for Design, Construction, and Installation of Credenza for Initial Point Gallery for the Not -to -Exceed Amount of $2,300.00 M. Professional Services Agreement for Meridian Anti -Drug Coalition Strategic Prevention Framework State Incentive Grant (SPF/SIG) Program Evaluation Services for the Not -to -Exceed Amount of $9,000.00 N. Release of Water Main Easement at Wahooz / Pinz O. Acceptance Agreement - Meridian City Hall Plaza Artwork: "Out on the Town" P. Warranty Surety Waiver Agreement with West Ada School District for Hillsdale Elementary School Q. Warranty Surety Waiver with West Ada School District for Victory Middle School R. Resolution No. 16-1160: Resolution to Destroy Semipermanent Records of the Community Development Department, Building Services Division S. Resolution No. 16-1161: A Resolution of the Mayor and City Council of the City of Meridian to Amend the Future Land Use Map of the 2002 Comprehensive Plan for 68.15 Acres known as Silverstone Apartments Generally Located at 4225 E. Overland Road, in the NE 1/4 of Section 21, Township 3 North, Range 1 East, Meridian, Idaho; and Providing an Effective Date. Meridian City Council Meeting Agenda Tuesday, September 20, 2016 — Page 2 of 6 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. VA 0 T. Resolution No. 16-1162: Resolution Signifying City's Final Acceptance of Meridian City Hall Plaza Artwork "Out on the Town" by Daniel Borup U. Final Plat for Rainer Villas (H-2016-0107) by Intermountain Pacific, LLC Located West of Meridian Road and South of West Penwood Street and North of West Corporate Drive. Request: A Final Plat of Fifteen (15) Residential Lots and Five (5) Common Lots on 5.354 Acres in an Existing C -G Zoning District Items Moved From the Consent Agenda Department Reports A. Mayor's Office: Resolution No. 16-1163: Resolution Appointing Ella Kramer as the Youth Member of the Meridian Historic Preservation Commission Approved B. Mayor's Office: Resolution No. 16-1164: Resolution Appointing Lance Baumgartner as Youth Member to the Meridian Transportation Commission Approved C. Mayor's Office: Resolution No. 16-1165: Resolution Appointing Taylor Farmer as Youth Member to Meridian Arts Commission Approved D. Mayor's Office: Resolution No. 16-1166: A Resolution Appointing Kayla McNay as Youth Member to the Meridian Parks and Recreation Commission Approved E. Mayor's Office: Resolution No. 16-1167: A Resolution Appointing Victoriah Madrigal as Youth Member to Meridian Solid Waste Advisory Commission Approved F. Mayor's Office: Resolution No. 16-1168: A Resolution Appointing Mark Nelson to Seat 2 and Reappointing Steven Cory to Seat 4 of the Solid Waste Advisory Commission Approved Action Items Meridian City Council Meeting Agenda Tuesday, September 20, 2016 — Page 3 of 6 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. Land Use Public Hearing Process: After the Public Hearing is opened the staff report will be presented by the assigned City planner. Following Staffs 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. Public Hearing: Republic Services Proposed 2017 Fee Schedule B. Public Hearing For Silverwater South (H-2016-0082) by Trilogy Development Located at South of E. Victory Road and West of S. Locust Grove Road Approved 1. Request: Preliminary Plat Consisting of 48 Building lots and 4 (Four) Common Lots on 12.08 Acres of Land in an R-8 Zoning District C. Public Hearing for Silverwater North (H-2016-0083) by Trilogy Development Located at South Side of E. Victory Road and West of S. Locust Grove Road Approved Approved 1. Request: Preliminary Plat Consisting of 13 Building Lots and 1 (One) Common Lot on 4.12 Acres of Land in an R-8 Zoning District D. Public Hearing for Little Creek Subdivision (H-2016-0076) by David Alexander Located 1470 N. Locust Grove Road Approved 1. Request: Annexation and Zoning of Seventeen (17) Acres of Land with an R-40 Zoning District 2. Request: Conditional Use Permit for a Multi -Family Development Consisting of 204 Dwelling Units in an R-40 Zoning District 3. Request: Preliminary Plat Approval Consisting of Fifty -One (51) Building Lots and Three (3) Common Lots on 15.85 Acres of Land E. Public Hearing for T -Mobile (H-2016-0091) by T -Mobile Located at 1855 N. Black Cat Road Approved 1. Request: Modify the Development Agreement for the Site to Allow for a Telecommunications Tower as an Allowed Use F. Public Hearing for Knightsbridge Subdivision (H-2016-0088) by Schultz Development Located 3870 E. Victory Road Approved Meridian City Council Meeting Agenda Tuesday, September 20, 2016 — Page 4 of 6 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. Request: Annexation and Zoning of 5.15 Acres of Land with an R-4 Zoning District 2. Request: Preliminary Plat Approval Consisting of Seventeen (17) Building Lots and Two (2) Common Lots on 5.15 Acres of Land in the R-4 Zoning District G. Public Hearing for Paisley Meadows (H-2016-0089) by Hayden Homes Idaho, LLC Located at 2180 East Amity Road Approved 1. Request: Preliminary Plat Consisting of 75 Building Lots and Six (6) Common Lots on 20.18 Acres of Land in an R-4 Zoning District H. Public Hearing for 2016 City Initiated Annexation (H-2016-0093) by City of Meridian Approved • ACHD Properties - Generally Located Near the Northeast Corner of S. Eagle Road and E. Amity Road, Southeast Corner of N. Meridian Road and E. Carmel Drive, East Side of N. Ten Mile Road, North of W. Ustick Road, 3955 E. Ustick Road, 2910 W. Franklin Road and 6175 N. Linder Road • Idaho Power Properties - Located at 3275 E. Amity Road, 1635 S. Stoddard Road and 3539 N. Ten Mile Road • Blackrock Subdivision - Generally Located North of E. Lake Hazel Road, Between S. Locust Grove Road and S. Eagle Road • City of Meridian Property - Located 3064 W. Malta Drive 1. Request: Annexation and Zoning of Approximately 67.50 Acres of Land with R-4 (53.25 Acres), R-8 (11.64 Acres), R-15 (30.10 Acres) and C -C (2.61 Acres) Zoning Designations I. Amended onto Agenda: Resolution No. 16-1169: A Resolution Adopting the Annual Rate Adjustment for the Solid Waste Collection Services by Republic Services, Inc.; Authorizing the City of Meridian Utility Billing Department to Collect Such Rate; and Providing an Effective Date Approved 9. Ordinances A. Ordinance No. 16-1707: An Ordinance Repealing And Replacing Meridian City Code Section 9-1-16, Regarding Connection To City Water System Outside City Limits; Repealing And Replacing Meridian City Code Section 9-4-26(A), Regarding Connection To City Sewer System Outside City Limits; Adopting A Savings Clause; And Providing An Effective Date Approved 10. Future Meeting Topics Meridian City Council Meeting Agenda Tuesday, September 20, 2016 — Page 5 of 6 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. Adjourned at 8:4Opm Meridian City Council Meeting Agenda Tuesday, September 20, 2016 — Page 6 of 6 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 September 20, 2016 A meeting of the Meridian City Council was called to order at 6:05 p.m., Tuesday, September 20, 2016, by Mayor Tammy de Weerd. Members Present: Mayor Tammy de Weerd, Joe Borton, Keith Bird, Genesis Milam, Ty Palmer, Luke Cavener and Anne Little Roberts. Others Present: Bill Nary, C.Jay Coles, Jaycee Holman, Bruce Chatterton, Sonya Allen, Josh Beach, Warren Stewart, Tracy Basterrechea, Joe Bongiorno, and Dean Willis. Item 1: Roll-call Attendance: Roll call. X_ Anne Little Roberts X _ _Joe Borton X__ Ty Palmer X_ Keith Bird __X__ Genesis Milam __X__ Lucas Cavener _X Mayor Tammy de Weerd De Weerd: Thank you for your patience. We are sorry that we are a few minutes beyond 6:00, but welcome to Meridian City Council meeting. Thank you for joining us. For the record it is Tuesday, September 20th. It's a few minutes after 6:00. We will start with roll call attendance, Mr. Clerk. Item 2: Pledge of Allegiance by Cub Scout Troop #365 De Weerd: Item No. 2 is the Pledge of Allegiance. Tonight we will be led in our pledge by Cub Scout Troop 365. If they would like to come forward. (Pledge of Allegiance recited.) De Weerd: If I could ask you Cub Scouts -- young men. I would like to give you a City of Meridian Pin. Good job. Item 3: Community Invocation by Pastor Troy Drake with Calvary Chapel Meridian De Weerd: Okay. Item No. 3 is our community invocation. Pastor Troy Drake is here with us to lead us in the invocation. If you will all join us or take this as an opportunity for a moment of reflection. Thank you for joining us. Drake: Good evening. Thank you for having me. It's hard to follow the Cub Scouts, but I will try. Lord God, thank you so much for this country that we live in and the freedoms that we have to choose our representatives and to work where we want to and live where we want to and -- and believe in serving -- serve you Meridian City Council September 20, 2016 Page 2 of 58 or not and -- and so we just appreciate this country and, God, we just pray for safety over Meridian tonight and the rest of our country, Lord, just all the craziness that has been happening, we just ask that you be with the families elsewhere and, you know, just, God, we ask for you to be over our police officers and firefighters and all those who protect us from harm and that yo u would keep our city safe tonight and we do just consider those who have suffered recently in our nation and, Lord, lastly, I also just pray for our City Council meeting here tonight and these -- the Mayor and the Council Members, Lord, we are just so thankful for them and pray that you would bless them, bless their lives for their service to us all and -- and that you would give them wisdom here tonight in all the affairs, the business of the city, and we just trust them with those things, God, and pray that they would make good decisions and would do according to your will and plan and so we honor you tonight, Lord, and it's in Jesus' name we pray, amen. Thank you. Item 4: Adoption of the Agenda De Weerd: Thank you. Item No. 4 is adoption of the agenda. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: On the agenda under the Consent Agenda, 5 -R is -- the resolution number is 16-1160. 5-S is resolution number 16-1161. Under 5-T the resolution number is 16-1162. And under Department Reports, resolution number under 7-A is 16- 1163. 7-B is resolution number 16-1164. 7-C is resolution number 16-1165. Item 7-D is reservation number 16-1166. Item 7-E is resolution number 16-1167. And Item 7-F is 16-1168 resolution. Under Acton Items we have to add an 8-1, which needs to be a resolution -- proposed resolution of 16-1169 and that is a resolution adopting the annual rate adjustment for the solid waste collection. 9-A the ordinance number is 16-1707. And with that I move we approve the amended agenda. Borton: Second. De Weerd: Mr. Bird, will you restate that. I'm just kidding. Bird: I know it. De Weerd: Any questions? I have a motion and a second to adopt the agenda as amended. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 5: Consent Agenda Meridian City Council September 20, 2016 Page 3 of 58 A. Approve Minutes of September 6, 2016 City Council Meeting B. Addendum No. 14 to Boise City Prosecutorial Agreement C. Final Order for Hill’s Century Farm No. 5 (H-2016-0103) by Brighton Investments, LLC Located on the East Side of S. Eagle Road, approximately ¼ Mile North of E. Lake Hazel Road. D. Final Order for Bainbridge Subdivision No. 4 (H-2016- 0094) by Brighton Investments, LLC Located East of N. Black Cat Road, Midway Between W. Chinden Boulevard and W. McMillan Road E. Final Order for Decatur Estates Subdivision No. 2 (H- 2016-0101) by 4345 Linder Road, LLC Located 4345 N. Linder Road F. Final Order for Vicenza Subdivision No. 3 (H-2016-0096) by Cottonwood Development, LLC Located North of W. McMillan Road; Between N. Black Cat Road and N. Ten Mile Road G. Final Order for Vicenza Subdivision No. 4 (H-2016-0097) by Cottonwood Development, LLC Located North of W. McMillan Road, Between N. Black Cat Road and N. Ten Mile Road H. Findings of Fact, Conclusions of Law For Approval for Twelve Oaks (H2016-0100) by Twelve Oaks, LLC Located 1845 W. Franklin Road I. Findings of Fact, Conclusions of Law for Approval for Roundtree Place Subdivision (H-2016-0081) by Trilogy Development Located at 755 S Linder Road J. Final Plat for Biltmore Estates Subdivision No. 3 (H- 2016-0086) by Oakwood Estates, LLC Located at W. Victory Road and West of S. Meridian Road K. Final Plat for Howry Lane Subdivision No 1 (H-2016- 0106) by M3 Acquisitions, LLC Located at 5220 S Howry Lane Meridian City Council September 20, 2016 Page 4 of 58 L. Professional Service Agreement for Design, Construction, and Installation of Credenza for Initial Point Gallery for the Not-to-Exceed Amount of $2,300.00 M. Professional Services Agreement for Meridian Anti-Drug Coalition Strategic Prevention Framework State Incentive Grant (SPF/SIG) Program Evaluation Services for the Not-to-Exceed Amount of $9,000.00 N. Release of Water Main Easement at Wahooz / Pinz O. Acceptance Agreement - Meridian City Hall Plaza Artwork: "Out on the Town" P. Warranty Surety Waiver Agreement with West Ada School District for Hillsdale Elementary School Q. Warranty Surety Waiver with West Ada School District for Victory Middle School R. Resolution No. 16-1160: Resolution to Destroy Semipermanent Records of the Community Development Department, Building Services Division S. Resolution No. 16-1161: A Resolution of the Mayor and City Council of the City of Meridian to Amend the Future Land Use Map of the 2002 Comprehensive Plan for 68.15 Acres known as Silverstone Apartments Generally Located at 4225 E. Overland Road, in the NE ¼ of Section 21, Township 3 North, Range 1 East, Meridian, Idaho; and Providing an Effective Date. T. Resolution No. 16-1162: Resolution Signifying City's Final Acceptance of Meridian City Hall Plaza Artwork "Out on the Town" by Daniel Borup U. Final Plat for Rainer Villas (H-2016-0107) by Intermountain Pacific, LLC Located West of Meridian Road and South of West Penwood Street and North of West Corporate Drive. Request: A Final Plat of Fifteen (15) Residential Lots and Five (5) Common Lots on 5.354 Acres in an Existing C-G Zoning District De Weerd: Item 5 is our Consent Agenda. Meridian City Council September 20, 2016 Page 5 of 58 Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Under the Consent Agenda earlier, the resolution numbers for R is 16 - 1160. S is 16-1161. And T is 16-1162. With that I move we approve the Consent Agenda, the Mayor to sign and the Clerk to attest. Borton: Second. De Weerd: I have a motion and a second to approve the Consent Agenda. Any discussion from Council? Mr. Clerk, will you call roll. Roll Call: Bird yea; Borton, yea; Milam, yea; Cavener, yea; Palmer, yea; Little Roberts, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 6: Items Moved From the Consent Agenda De Weerd: There were no items moved from the Consent Agenda. Item 7: Department Reports A. Mayor's Office: Resolution No. 16-1163: Resolution Appointing Ella Kramer as the Youth Member of the Meridian Historic Preservation Commission B. Mayor's Office: Resolution No. 16-1164: Resolution Appointing Lance Baumgartner as Youth Member to the Meridian Transportation Commission C. Mayor's Office: Resolution No. 16-1165: Resolution Appointing Taylor Farmer as Youth Member to Meridian Arts Commission D. Mayor's Office: Resolution No. 16-1166: A Resolution Ap pointing Kayla McNay as Youth Member to the Meridian Parks and Recreation Commission E. Mayor's Office: Resolution No. 16-1167: A Resolution Appointing Victoriah Madrigal as Youth Member to Meridian Solid Waste Advisory Commission Meridian City Council September 20, 2016 Page 6 of 58 De Weerd: Item 7-A is a proposed resolution on the appointment of our youth member for the HPC. Ella Kramer -- actually, do I have any of my youth council member appointees here? Awesome. I'm going to go ahead and ask for Council action and, then, I will see if you -- either of you would like to make comment. I will invite you up at that time. So, thank you for joining us tonight. You can go ahead and sit down. I'll call on you in a moment. Council, the A through F -- actually A through E are appointments for our youth seats. They are effective for one year. We conducted interviews last week -- seems like a long time ago. And I can tell you that the -- we interviewed 13 youth members that were all interested in these youth seats on our citizen commissions and they would knock your socks off. So, I am really proud and I have already informed the chairs of each of these commissions that they are going to be blown away by their newest members and I'm really excited to have our youth voice on these various commissions. So, I would ask your approval of these appointments of Ella Kramer to the Historic Preservation Commission. Lance Baumgartner to the Transportation Commission. And I will tell you that Lance is returning. He has served one year on the Transportation Commission and was a very active participant. I have Taylor Farmer on our Meridian Arts Commission. Kayla McNay on our Parks Commission and Victoria Madrigal -- I worked on it. On our Solid Waste Advisory Commission. So, once I have your approval I will -- I will see if we have a comment. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: With your permission I would move that we approve resolutions number 16-1163, 16-1165, 16-1165, 16-1166 and 16-1167. Milam: Second. De Weerd: Okay. I have a motion and a second to approve the appointments on Items 7-A through E. Any discussion? Mr. Clerk, will you call roll. Roll Call: Bird yea; Borton, yea; Milam, yea; Cavener, yea; Palmer, yea; Little Roberts, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. De Weerd: And at this point I will ask Victoria if she would like to make comments. You would need to come right up. Madrigal: I'd like to thank you for offering me this position and I'm really proud to say that I accepted it and I'm excited to see what I can help do this year. Meridian City Council September 20, 2016 Page 7 of 58 De Weerd: And I will tell you that she was very anxious to -- to be a youth representative and to add her input into our process and so I'm excited to have you. And -- okay. So, it is I think -- Taylor. Right? Farmer: Um -- wow, that's really loud. I would like to thank you for honoring me with this position and I really hope that with this position I can make a great amount of change within the arts and culture within our city. De Weerd: And so you want to tell us a little bit about your interest in the arts? Farmer: I -- when I was younger was in the theater. I took art last year. Not my biggest strong suit, but I learned a lot from it and I know that -- I know a lot of great artists from my school by taking art and I was told about the youth exhibit of art in my interview and I think that we could take a lot from those smaller schools and really implement their ideas and their art and let them be heard through that exhibit this year. De Weerd: And I will tell you that our arts commissioner -- our youth representative also is responsible for putting together an art exhibit for youth and so we -- we made sure that we shared that. In the past those exhibits have been phenomenal and -- and we are excited to work with you. Farmer: Thank you. De Weerd: Appreciate you being here. And proud parents as well. And I think if -- did I see someone else stand up? Kayla. Right? Come one forward. McNay: Well, I'm Kayla McNay and I'd like to thank you guys for this opportunity to show that I can really affect the city and I can just -- I will try my hardest and I'm really excited for this year. So thank you. De Weerd: Thank you. We are excited to have you as well and like I said on all the other chairs of the various commissions , they have been warned about each of your energy, your enthusiasm, and I'm looking forward to having you on board. McNay: Thank you so much. De Weerd: So thank you. I guess the third one we really got it right, so let's give all three of them -- oh. And Ella. Now, I just want to tell you on Ella, she came prepared with specific ideas and so she had done her homework and very excited to have you introduce yourself. Kramer: Well, I really love history so much. I'm so excited about this opportunity and to see what I can learn and what I can do to make the city a better place. Meridian City Council September 20, 2016 Page 8 of 58 De Weerd: Thank you all for being here and for your interest in our history. It's -- it was very rewarding to have young members that had an interest in the history , the roots of our community, and we are excited to have you on board as well. Kramer: Thank you. De Weerd: Thank you. Okay. The only one that isn't here is Lance and, again, he is a returning commissioner. I think, Mr. Cavener, you have worked with Lance and -- Cavener: Madam Mayor? De Weerd: Yes. Cavener: If I may, Lance is a -- enthusiasm I think is an understatement. There is a guy who is motivated and passionate about transportation. I don't think when I was in high school I could maybe even spell transportation and let alone we have got a great individual like Lance who is really committed to our community and so I'm excited to see that he's being reappointed to this commission. De Weerd: I would challenge you if you tied his hands to his side if he could still talk. Cavener: Not likely. De Weerd: No. Again, thank you -- thank you all. You do not have to stay the rest of the meeting. You're going to have your own meetings that you will get to it -- to sit through. So, thank you for being here with us and we appreciate your interest. Unless you're doing it for credit in government classes or anything else. And I know you're not that age yet, so -- De Weerd: Okay. Item 8-A is a public hearing on Republic Services proposed 2017 fee schedule. Milam: Madam Mayor? Cavener: You got one more. Item F. F. Mayor's Office: Resolution No. 16-1168: A Resolution Appointing Mark Nelson to Seat 2 and Reappointing Steven Cory to Seat 4 of the Solid Waste Advisory Commission De Weerd: Oh, I'm sorry. Yes. Is Mark here? I didn't see him. Okay. Item F is resolution 16-1168. Mark Nelson is interested in serving on our Solid Waste Advisory Commission. Probably ten years or more ago he served on our Meridian City Council September 20, 2016 Page 9 of 58 Planning and Zoning Commission and, then, he got very involved in work and travel, so he's -- he's back homebound again -- not homebound, but he's at least in town and ready to recommit to serving our citizens. As well as Steven Cory to Seat 4. He is a returning commissioner. He's been the chair and he also represents our commission and our city as well on the Ada County advisory commission. So, both of these I enthusiastically bring for your approval tonight. Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: I move that we approve Resolution No. 16-1168. Cavener: Second. De Weerd: I have a motion and a second to approve Item 7-F. If there is no discussion, Mr. Clerk. Roll Call: Bird yea; Borton, yea; Milam, yea; Cavener, yea; Palmer, yea; Little Roberts, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 8: Action Items A. Public Hearing: Republic Services Proposed 2017 Fee Schedule De Weerd: Okay. I will now move to the public hearing on Republic Services proposed 2017 fee schedule. I will open the public hearing with comments or questions. I think we have already heard this. We heard this as we moved to put it on the agenda. I would ask if there is anyone in our audience tonight who would like to make comment on this item? Okay. Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: Seeing none, I move that we approve the proposed -- De Weerd: We need to close the public hearing. Milam: Oh. Close the public hearing on 8-A. Meridian City Council September 20, 2016 Page 10 of 58 Bird: Second. De Weerd: We have a motion and a second to close the public hearing on Item 8-A. All those in favor say aye. All ayes. MOTION CARRIED: FIVE AYES. ONE ABSENT. De Weerd: And if the record will note that Mr. Cavener had to leave. Nary: Madam Mayor? De Weerd: Mr. Nary. I. Amended onto Agenda: Resolution No. 16-1169: A Resolution Adopting the Annual Rate Adjustment for the Solid Waste Collection Services by Republic Services, Inc.; Authorizing the City of Meridian Utility Billing Department to Collect Such Rate; and Providing an Effective Date Nary: I was just going to say Item I that was added is the resolution to approve that. If you want to you can do that now. De Weerd: Thank you. Nary: Or you can wait until it comes up with the agenda. Bird: Whatever you want to do. Milam: Madam Mayor? De Weerd: Yes, Mrs. Milam. Milam: I move to I. 8-I. Okay. De Weerd: Appropriate. Milam: Appropriate. I move that we approve Resolution No. 11 -- dash 1169, adopting the annual rate adjustment for the solid waste collection services by Republic Services, authorizing the City of Meridian Billing Department to collect such rate and providing an effective date. De Weerd: Okay. The motion was to approve Resolution 16-1169. Any discussion from Council? Mr. Clerk, will you call roll. Meridian City Council September 20, 2016 Page 11 of 58 Roll Call: Bird yea; Borton, yea; Milam, yea; Cavener, absent; Palmer, yea; Little Roberts, yea. De Weerd: All ayes. Motion carried. Thank you. MOTION CARRIED: FIVE AYES. ONE ABSENT. B. Public Hearing For Silverwater South (H-2016-0082) by Trilogy Development Located at South of E. Victory Road and West of S. Locust Grove Road 1. Request: Preliminary Plat Consisting of 48 Building lots and 4 (Four) Common Lots on 12.08 Acres of Land in an R-8 Zoning District De Weerd: Item 8-B is a public hearing for H-2016-0082. I will open this public hearing with staff comments. Allen: Thank you, Madam Mayor, Members of the Council. The first application before you tonight as a request for a preliminary plat . This site consists of 12.08 acres of land. It's zoned R-8 and located south of Victory Road and west of South Locust Grove Road. A little history. This was annexed with a development agreement and preliminary platted back in 2006 as part of Tanana Valley Subdivision. In 2007 a new preliminary plat was approved for Cavanaugh Subdivision, which included the subject property. Several time extensions have been approved for the plat. Since approval of the plat individual parcels have been sold off and are now under different ownerships and are being developed separately, rather than as a single master planned project as originally intended. The subject developer is developing all of the property north of the Ridenbaugh Canal and east of Standing Timber Way. Standing Timber is the street right here. And, then, the Ridenbaugh runs right along here. So, everything north of that is under this developer's project. The original preliminary plat did include land that's south of the Ridenbaugh also. Because the previous preliminary plat depicted all of the site amenities for the overall development north and south of the canal to be provided on the north side of the canal, staff didn't feel it was reasonable to require this development to provide all of the amenities for the overall subdivision. De Weerd: Can you hear in the back of the room? Can you m ove your microphone closer. Allen: Therefore, at the last time extension staff required the remainder of the property to be re-subdivided and meet current development standards. The Comprehensive Plan future land use map designation for this property is -- approximately half of it is designated mixed-use neighborhood, with a neighborhood center overlay and the other half is designated medium density Meridian City Council September 20, 2016 Page 12 of 58 residential. The applicant is proposing a new preliminary plat consisting of 48 building lots and four common area lots on 12.08 acres of land in the R-8 zoning district in the same layout as shown on the previous preliminary plat. The minimum lot size is 6,827 square feet, with the average lot size being 8,698 square feet. The proposed density is 3.97 units per acre, consistent with the medium density residential future land use designation, but below the density desired in the mixed-use neighborhood designated areas. Access is proposed via internal local streets within the development. The applicant proposes .44 of an acre or 3.65 percent of qualified open space consisting of a 50-by-100 open space area, six foot wide parkways and micropath lots and a pathway as a site amenity. In the overall development, which encompasses 54 acres of land, a total of 7.38 acres or 13.63 percent of qualified open space and a gazebo, basketball court, pathways and a tot lot will be provided as amenities. The applicant requests the overall common area is allowed to count toward that required with this development. Staff is amenable to this request. Conceptual building elevations were submitted for the future homes within this development as shown and building materials appear to consist of a mix of horizontal lap siding and vertical board and batten siding, with stone veneer, brick accents. The Commission did recommend approval on the subject application. Scott Wonders, the applicant's representative, testified in favor. No one testified in opposition. Nancy Buckley commented. And written testimony was received from Scott Wonders, the applicant's representative, in agreement with the staff report. Key issues of public testimony was concern of overdevelopment in Meridian and of schools and roads not being able to support growth. There are no outstanding issues for City Council and no written testimony has been received since the Commission hearing. Staff will stand for any questions. De Weerd: Council, any questions? Bird: I have none. De Weerd: Okay. Is the applicant here? Good evening. If you will, please, state your name and address for the record. Wonders: Yes. It's Scott Wonders with JUB Engineers. 250 South Beechwood in Boise. Thank you, Madam Mayor and Council Members. I'm here representing the applicant for this project. The Silverwater South plat there before you is basically the third phase of the project as a whole. It's about 54 acres. We just completed phase three this summer and this would be probably slated, if approved, to be started next spring. So, all the site amenities will be either constructed with phase two or phase three. So, just to the north. And you will see on the subsequent application for north there is an exhibit that will show where the common open space is for this side of the development where all the tot lot and the basketball court were installed -- or should be installed this summer before -- before the completion of phase three. We are in agreement Meridian City Council September 20, 2016 Page 13 of 58 with all of the staff recommendations and the conditions of approval and I am here to answer any questions that you might have. De Weerd: Thank you. Is there a reason we are not hearing both of these at the same time, so we can see it? Allen: We certainly can. They are two separate preliminary plat applications. But we certainly can. De Weerd: Council, if you wouldn't mind, I think it would be appropriate, since they are adjoining and, then, we can take comment on both the phases. Allen: So, would you like me to present the other preliminary plat? De Weerd: Yeah. If -- if you wouldn't mind. Allen: Would you like to officially open that? C. Public Hearing for Silverwater North (H-2016-0083) by Trilogy Development Located at South Side of E. Victory Road and West of S. Locust Grove Road Approved 1. Request: Preliminary Plat Consisting of 13 Building Lots and 1 (One) Common Lot on 4.12 Acres of Land in an R-8 Zoning District De Weerd: Yes. I will open the public hearing for H-2016-0083. Allen: Okay. This is the second primary plat in this general area for Silverwater North. This site is 4.12 acres of land. It's also zoned R-8, located on the south side of East Victory Road, west of South Locust Grove. This preliminary plat consists of 13 building lots and one common area lot on 4.12 acres of land in the R-8 zoning district. Here is just a general -- general area here where this plat lies and, then, the preliminary plat. The minimum lot size in this phase is -- or in this subdivision I should say is 8,295 square feet, with an average lot size of 11,218 square feet. Density is 3.16 units per acre. Access to this development is proposed on the plat from East Springwood Drive, an internal local street proposed to be constructed with phase three of Silverwater Subdivision by way of South Mesa Road via East Victory. Mesa runs along the east side of the property and, then, this is Victory right here along the north. And, then, again, conceptual building elevations are the same as previously shown . Scott Wonders, the applicant's representative, testified in favor at the Commission hearing. No one testified in opposition or commented. The applicant submitted written testimony in agreement with the staff report. And that is all staff has to offer on that. Meridian City Council September 20, 2016 Page 14 of 58 De Weerd: Is there anything that shows those two together in relation to -- Allen: This is the area -- so, this is the Silverwater North here. It does not show the preliminary plat overlay on it. This is south right here. De Weerd: Okay. Allen: Yes. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: While we are doing that, Scott, is this -- was this property back in the Cavanaugh time, did it have a school site on it in that location? Wonders: That's correct. On the north -- on what we are calling Silverwater North -- basically the reason why we have two preliminary plats is they are not contiguous, so now we have to have two preliminary plats. So, that's the North and South. So, the north was proposed to be a school site, however, the school has declined that site in recent years and so they don't need any more, so we are just converting it into two cul-de-sacs to be incorporated into the development. So, phase one and two are to the west and once Sonya gets it up you will have a better concept of where it's at. And, then, phase three is kind of in the middle of North and South and so with those three we had a park area where we constructed a basketball court, kind of a gazebo -- or not a gazebo, but like a sitting area and some trails and north is just to the north of this park area and, then, Silverwater South is on the bottom end of the subdivision. So, you can see in blue is what is constructed or being currently being completed this year and in yellow, obviously, to the north is -- is Silverwater North and, then, the larger 12 acres to the south of Silverwater South. So, we have a micropath that connects up to the common area space. It's just below Silverwater North that has all those amenities in it and, then, for the eastern portion, phases one and two, they were more off of Standing Timber. There is an open space over there for those residents on that side. So, overall, even though these are less than the ten percent, combined with the overall development it's -- we are a little over 13 and a half percent open space. And we are also in agreement with the staff report and conditions of approval for Silverwater North as well. De Weerd: Thank you. This is helpful. Wonders: Yeah. De Weerd: I could not envision what we were talking about, so I appreciate that. Meridian City Council September 20, 2016 Page 15 of 58 Wonders: So, yeah, Cavanaugh was a much larger development and in the downturn it was pretty much divided up into like 20 different owners and , then, this developer purchased this 54 acres. So, we are just kind of cleaning up some development agreement and conditions that don't really apply to this parcel with these last two phases. De Weerd: Okay. Council, any questions? Bird: I have none. De Weerd: Okay. Thank you. Wonders: Thank you. De Weerd: Okay. We have two public hearings open, Item 8-B and C. Is there anyone who would like to provide testimony on this? On either of these? Council, any questions for staff or the applicant? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Seeing none, I move we close the public hearings on H-2016-0082 and H- 2016-0083. Milam: Second. De Weerd: I have a motion and a second to close the public hearing -- hearings on Items 8-B and C. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: FIVE AYES. ONE ABSENT. De Weerd: Okay. We can consider Item 8-B. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve H-2016-0082. Include all staff, applicant and public testimony. Milam: Second. De Weerd: I have a motion and a second to approve Item 8-B. Any discussion from Council? Mr. Clerk, will you call roll. Meridian City Council September 20, 2016 Page 16 of 58 Roll Call: Bird yea; Borton, yea; Milam, yea; Cavener, absent; Palmer, yea; Little Roberts, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: FIVE AYES. ONE ABSENT. De Weerd: Item 8-C. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve H-2016-0083 and to include all staff, applicant, and public testimony. Mila: Second. De Weerd: I have a motion and a second to approve Item 8-C. Any discussion from Council? Mr. Clerk. Roll Call: Bird yea; Borton, yea; Milam, yea; Cavener, absent; Palmer, yea; Little Roberts, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: FIVE AYES. ONE ABSENT. D. Public Hearing for Little Creek Subdivision (H-2016- 0076) by David Alexander Located 1470 N. Locust Grove Road 1. Request: Annexation and Zoning of Seventeen (17) Acres of Land with an R-40 Zoning District 2. Request: Conditional Use Permit for a Multi- Family Development Consisting of 204 Dwelling Units in an R-40 Zoning District 3. Request: Preliminary Plat Approval Consisting of Fifty-One (51) Building Lots and Three (3) Common Lots on 15.85 Acres of Land De Weerd: Item 8-D is a public hearing for item H-2016-0076. I will open this public hearing with staff comments. Meridian City Council September 20, 2016 Page 17 of 58 Allen: One moment here. All right. The next application before you is a request for annexation and zoning, conditional use permit, and preliminary plat. This site consists of 17 acres of land, zoned R-40, located at 1470 North Locust Grove Road. It's just southeast of the Locust Grove-Fairview intersection. This property was previously platted as lots in Pleasant Valley Subdivision. The Comprehensive Plan future land use map designation is high density residential. The applicant proposes to annex 17 acres of land with an R-40 zoning district, consistent with the high-density residential future land use map designation for this site. The proposed zoning and multi-family residential use of the property is consistent with the multiple -- excuse me -- multi-family residential property to the east, which is also zoned R-40, and provides a transition between the commercial uses to the north and the future mixed use development to the south. A conditional use permit is requested for a multi-family residential development, consisting of 51 four-plex structures containing a total of 240 -- 204 dwelling units in a proposed R-40 zoning district. A gross density of 12.87 units per acre, with a net density of 16.68 units per acre, is proposed, which falls within the density range desired in medium high density residential designated areas at eight to 15 units per acre, which is below that of 15 units per acre desired in high density residential designated areas. The proposed density will require approval of a step down in density from high density residential to medium high density residential by City County. The units consist of a mix of two and three bedroom units. Parking is provided on the site in excess of UDC standards. One building elevation was submitted for the proposed multi -family structures. Staff recommends additional building types with a mix of colors and materials are provided for variety within the development as set forth in the architectural standards manual. A preliminary plat is proposed consisting of 51 building lots and three common area lots on 15.85 acres of land. A phasing plan was submitted that shows two phases of development starting on the eastern portion of the site as shown on the left there. The plat submitted with this application depicts two accesses -- and this is the original -- excuse me -- plat right here -- depicted two access via Wilson Lane at the north boundary of the site with no access via Locust Grove. Because congestion is currently a problem at this intersection for traffic accessing Locust Grove via Wilson, ACHD's traffic engineers determined a full access via Locust Grove would help to improve the situation, rather than having all of the traffic flowing through Wilson. A traffic impact study was submitted to ACHD for this project. A revised plat was submitted based on ACHD's requirements. Staff supports the proposed accesses shown on the revised plat if Council approves the waiver to UDC 11- 3A-3 for an access by an arterial street. A 25 foot wide landscape buffer is required along Locust Grove Road. A total of 3.07 acres or 19.36 percent of qualified open space and site amenities, consisting of half the street buffer along Locust Grove Road, a 20 foot linear open space area on Wilson Lane, common area where the clubhouse, swimming pool, and tot lot is located, miscellaneous open grassy areas that are a minimum of 20 by 20 in area -- is proposed with this development, which complies with UDC standards. A ten foot wide multi-use pathway is also proposed in accord with the pathways master plan along the Meridian City Council September 20, 2016 Page 18 of 58 Settlers Canal, which is along the southern boundary of the site. Because there is an existing common area that abuts the east boundary of this site and the adjacent multi-family development -- and that is in this area right here -- staff is recommending the open space, which is labeled as a dog park right here where my pointer is -- proposed along the south side of Lots 20 and 21 to the north side of these lots, which will provide a view corridor to the existing common area, instead of walling it off with buildings. The Settlers Canal, Jackson Drain, runs along the southern boundary of this site. Because it is a large facility the applicant is requesting a waiver to UDC 11-3A-6A3 from City Council for the waterway to remain open and not be piped . The Commission did recommend approval of the subject applications. Scott Wonders, the applicant's representative, testified in favor. No one testified in opposition. Nancy Buckley commented. And written testimony was received from Greg Ramp from Aire Incorporated, a business to the east of this property, and Scott Wonders, the applicant's representative, in agreement with the staff report. Key issues of public testimony was concerned of overdevelopment in Meridian and of schools and roads not being able to support growth. Traffic concerns at the Wilson Lane- Locust Grove Road intersection until Wilson is extended to the east in the future. Key issues of discussion by the Commission was relocating the common area along the east boundary to the north side of the four residential structures, so that it aligns better with the common area to the east . So, that is taking this area right here and moving it to the north side of these four structures here . Direct access via Locust Grove and traffic and congestion at the Wilson -Locust Grove Road intersection. The pinwheel design of the structures with only one building type and footprint. And, lastly, the Commission was in support of the applicant's request for a waiver to UDC 11-3A6 to allow the Settlers Canal, Jackson Drain to remain open along the southern boundary of the site and not be piped. The Commission did change a couple of items from the staff's recommendation. They modified development agreement provision 1.1.1B to not require more than one building type provided the structures are offset 90 degrees from each other and a variety of at least three different color pallets are used . And to modify condition 1.1.3E require the dog park open space to be relocated to the north side of Lots 18 and 19, Block 1, which is actually shown as Lots 19 and 20, Block 1, on the revised plat. Outstanding issues for City Council is the applicant requests a waiver to allow the Settlers Canal to remain open and not be piped along the south boundary of the site. No written testimony has been received since the Commission hearing. Staff will stand for the questions. De Weerd: Council, any questions at this time for staff? Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: Sonya, if it's a -- all the R-15 qualifications, why are we -- why are we annexing at R-40 instead of R-15? Was it just the density? Meridian City Council September 20, 2016 Page 19 of 58 Allen: Councilman, Mayor, they could. You could zone R-15 instead. They are asking for R-40 because it's consistent with the high-density residential future land use designation for the site and that's a maxim of 40 units per acres. You could certainly down zone it to R-15 with a step down in the density designation on the Comprehensive Plan. Either way. Milam: Thank you. De Weerd: So, it meets the R-15, they were just requesting R-40 to meet -- to comply with the Comp Plan? Allen: I believe so, Madam Mayor. The density is within that. It's at 12.87 units per acre. I'm not absolutely positive about the dimensional standards without looking at it. I think it would meet, but I'm not absolutely positive. De Weerd: Thank you. Any further questions at this point? Is the applicant here? Thank you for joining us. If you would state your name and address for the record. Wonders: Scott Wonders with JUB. 250 South Beechwood Avenue in Boise, here representing the applicant on this project. Let's see. We are requesting the annexation rezone to R-40 with the CUP in the preliminary plat and the R-40 zoning was really just to stay consistent with what was labeled on the Comp Plan. I think it does meet most of the R-15 criteria. We wouldn't have any issue with having it zoned R-15, just as long as the dimensional standard are -- we are not restricted in any way between the R-15 and R-40. We are requesting 204 units on 51 buildings. We have a little over three acres of open space, which is roughly 19 percent. A couple of the key items. The required parking on this site is 408 spaces. A lot of issues with parking in a lot of these areas is there is never enough and we are actually providing 489. So, we are over parked by 80 space or 81 spaces. We are including amenities that would include two gazebos, as swimming pool with a club -- with a 5,800 square foot clubhouse. A large open space area with a tot lot, a dog park, and a ten foot pathway along the Jackson Drain and the Settlers Canal that abuts us on the south property line. We don't have any issues with relocating the dog park and shifting those four buildings south and, then, just flip-flopping the dog park to the north. That is not an issue for us. To clarify the waiver request for the open ditch, the Jackson Drain is actually a very large drain on the south and our property line only goes to the center line. That is what we are requesting the waiver to leave that open . The Settlers Canal is a much smaller ditch. It's probably going to require a 24 or 30 inch pipe, but we are willing to pipe that and actually are going to pipe that portion of it. It's piped to the east and, obviously, it's piped to the west, so we will make that pipe connection for that. Our waiver request is specifically for the Jackson Drain. We did some hoop jumping I think right before Planning and Zoning when we got our staff report from ACHD when they asked us to eliminate Meridian City Council September 20, 2016 Page 20 of 58 one of our lane connections and make it on out to Locust Grove. So, we are requesting that entrance be approved as well as a full access. So, what ACHD was contemplating when they asked us to do this was to alleviate the left -turn delays off of Wilson Lane onto Locust Grove. So, we are requesting that full access and, hopefully, in the future when Locust Grove is widened and improved that that probably may get restricted in the future, but I would assume that there will be some kind of U-turn capability at Fairview at that time and, hopefully, Wilson Lane will go through to the east, but -- and, then, we are requesting the condition that was accepted by the Planning and Zoning for the one building type, this is kind of a pinwheel design where this is a four-plex unit and each side has its own entrance, so for each unit they have their own separate entrance on each side and, then, with the -- I guess a variation in the elevations and the color palettes is what we are proposing to mix that up and, then, with the building orientation -- if Sonya could actually run that -- we have a fly through that kind of shows a visual 3D rendering of what it would look like that might help. And so this would be looking east on Wilson Lane and, then, here shortly we will be turning into what would be the -- the single entrance on Wilson Lane. I think part of their conditions as well -- while this is playing I will kind of go through a couple other items. We were requested to put 20 bike racks in -- or spaces for 20 bikes, which we will add and disperse through the development as well. So, this is looking back to the west. A lot of the -- the actual landscaping that you see here is actually rendered to -- to actually emulate the actual landscape plan that's been prepared for this project, so, basically, what you see is what's going to be actually planted on the project. And, then, I think one other item that was pointed out in the staff report was providing a safe pick up point for school students and we will work with the school district on where ever the school will end up picking up students from this facility, we will make sure that there is a -- a sufficient area for the students to wait while they are waiting for the bus. Next you will see this is the back of the clubhouse with the pool. A two-story clubhouse. This would be built with phase one. And, then, you can kind of see beyond the pool. There is the -- actually, a parking area. That -- that parking we have actually eliminated and we added a tot lot into that area. So, since we were so overparked we thought the city staff had requested that we add a little more open space where we added the tot lot and you will see that here in the next slide. Other than that we are in agreement with the staff report and if you have any questions I will stand for any questions you might have. De Weerd: Council, any questions? Bird: I have none. Palmer: Madam Mayor? De Weerd: Yes, Mr. Palmer. Meridian City Council September 20, 2016 Page 21 of 58 Palmer: Madam Mayor. Not really a question for you, just wanted to thank you for bringing us this with the pinwheel design. I think it looks so much better. It's like bigger houses rather than just a stacked apartment that a lot of citizens come to us with heartburn over. So, thank you for investing in that style instead. Wonders: All right. I will make sure I pass it on. De Weerd: Okay. Any other questions or comments? Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: One question, Scott. If the school district's recommendation is that there is a recessed nook on Wilson for some school bus, I can envision them, if asked, make that recommendation. Wonders: So, what we are envisioning, where ever they decide -- if it's on Wilson, which I -- it's either going to be somewhere internally and there is a spot right in front of the clubhouse that would be a perfect spot for buses to pick them up. But if it's going to end up being on Wilson -- I would hope it wouldn't be on - - on Locust Grove, but what we would do is provide like a widened sidewalk area, maybe like ten-by-ten area, so they don't -- so you don't have a large number of students that they spill out onto the street. So, we will just make it an extra wide standing area for them. That's what we are proposing. We haven't -- I haven't discussed it with the school district, but we will certainly be amenable to whatever they would like to see. Borton: Okay. Madam Mayor? One other question -- and ACHD -- was there discussion on any conflicting traffic movements with the proposed development across the street and folks exiting directly onto Locust Grove, you know, heading north and, then, trying to turn west there and vice-versa? Wonders: Yeah. So, their main concern is, obviously, Wilson. They understand that there is a huge issue that -- anywhere on Locust Grove south of Fairview, so they are just trying to find a way to alleviate the left -turn conflicts. Now, there is an entrance probably about 250 feet south of where our proposed entrance will be on the opposite side, but they are proposing to do some kind of land delineation or kind of a lane split to -- so that there aren't any left turn conflicts in that location. ACHD at the time we got our staff report said they were going to still work with their traffic engineers to figure out how they were going to delineate Locust Grove in order to accommodate this entrance. I haven't gotten any feedback from them on that at that time, but -- Borton: Okay. Meridian City Council September 20, 2016 Page 22 of 58 De Weerd: And so what has the conversation been about the stacking at that intersection? Because it stacks back quite a distance. Wonders: Yes. You know, they didn't really have a solution and I think this was their -- their solution with the -- with the Locust Grove was at least providing a second opportunity. I think one thing that this does do, it alleviates the cut- through traffic through like the D&B parking lot and a few others to get out to Fairview. So, I think in the end it's probably not the perfect solution , but I think this is probably the best solution at this time . We are -- you know, there is a small gap on Wilson Lane to the east before you get to the Pinebridge development and I don't know when and if that will ever get extended through, but we are providing an additional 11 feet along Locust Grove for the future lane widening and from what I understand that's coming up on the next five-year plan, if I'm -- if I'm correct on that. So, hopefully, this is a short-term issue once Locust Grove gets widened -- hopefully within the next five years at that location. De Weerd: Okay. Council, any other questions? Thank you. Wonders: Thank you. Bongiorno: Madam Mayor, may I ask a question? De Weerd: Yes. Bongiorno: Sonya, can you bring up the phasing plan, please? Scott, how many apartment buildings are in the -- how many dwelling units do we have in phase one? Wonders: It's -- it would be roughly half. So, it's 104 units, so that would be 26 buildings. And they are sprinklered, so -- Bongiorno: Okay. Perfect. And, then, the other question is the access road out to Locust Grove will be built with phase two? Wonders: Correct. And we would -- we could look at providing an emergency access to that location with phase one, like an all-weather access if needed. Bongiorno: Okay. I just wanted to verify that, what was going on. Wonders: Yeah. We checked with Perry this last week on what the criteria was and I think we are well under the maximum. Bongiorno: Thank you. De Weerd: Thank you. Meridian City Council September 20, 2016 Page 23 of 58 Wonders: Thank you. De Weerd: This is a public hearing on Item 8-D. Is there anyone who wishes to provide testimony on this item? Yes, ma'am. Please come forward. Thank you for joining us. If you will, please, state your name and address for the record. Resman: Debra Resman. 11303 West Hickory Nut Street in Boise, Idaho. De Weerd: Thank you. Resman: And I own the -- De Weerd: Could you pull the microphone a little closer. Thank you. Resman: I own a couple of the four-plexes right next door on Wilson Lane and I'm real excited about this new project. It will just continue to bring the value up and I love the plan. I do have to ask a question about the dog park area , like, basically, what is going to separate the current four-plexes that are there now with the new -- with the new subdivision? Is there going to be a fence there? Would the dogs be allowed to -- you know, to wander over into -- into the other area, that sort of thing? And the other question and concern I had was with that Canal that is open currently the way I understand it h alf of it is owned by this group and when you walk by there it really looks like it's a dangerous place for people, you know, to fall into or whatever. You can't see them. There is a lot of brush in there. There is a lot of barbed wire fence just stuck in there. It's really a mess and I just didn't know who was really responsible for cleaning that up . De Weerd: Thank you. Two good questions and we will ask the applicant in his closing remarks to address those. Thank you. Any other testimony? Okay. Wonders: Scott Wonders. JUB. 250 South Beechwood. For the record. We are proposing to put a fence around the entire development and, then, as well for the dog park it would have a four foot kind of like an open wrought iron type fencing around the dog park, so -- there was an existing tenant on the property that had been leasing that property for a number of years. That's in the process of being cleaned up. So, once -- I guess once we move to the next step that all will be cleaned up here in the next probably six months I would believe, to get ready for construction. So, all the barbed wire and miscellaneous stuff that's been laying around there for probably a number of years will all be cleaned up. De Weerd: Okay. Thank you. Council, any additional questions for the applicant or staff? Milam: Madam Mayor? De Weerd: Mrs. Milam. Meridian City Council September 20, 2016 Page 24 of 58 Milam: Are we ready to close this? Rather than ask him a question. De Weerd: I thought you were going ask him a question. Thank you. Wonders: All right. Thank you. Milam: I move that we close the public hearing of H-2016-0076. Palmer: Second. De Weerd: I have a motion and a second to close the public hearing on Item 8 - D. All those in favor say aye. All ayes. MOTION CARRIED: FIVE AYES. ONE ABSENT. Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: Just a comment to Scott. This is a -- this is a very nice apartment project and I appreciate all the amenities and putting everything in with phase one, so kudos to you guys, so -- I move that we approve H-2016-0076 with all staff, applicant, and public testimony. Palmer: And waivers? Milam: And what? De Weerd: The waiver that was requested on tiling. Milam: Oh, yes. A waiver allowing the Jackson Drain to remain open and not -- yeah, not piped along the southern boundary. Palmer: And entrance to Locust Grove? Milam: The what? Palmer: The entrance to Locust Grove. Milam: Oh. And allowing the entrance directly to Locust Grove. Palmer: Second. De Weerd: Nice job, Mr. Palmer. I have a motion and a second. Any discussion? Meridian City Council September 20, 2016 Page 25 of 58 Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: We are leaving the Jackson Drain open; right? De Weerd: Uh-huh. Bird: And he's already said they are going to take the Settlers Canal and tiling it. Okay. De Weerd: Okay. Any other questions or comments from Council? Mr. Clerk, will you call roll. Roll Call: Bird yea; Borton, yea; Milam, yea; Cavener, absen t; Palmer, yea; Little Roberts, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: FIVE AYES. ONE ABSENT. E. Public Hearing for T-Mobile (H-2016-0091) by T-Mobile Located at 1855 N. Black Cat Road 1. Request: Modify the Development Agreement for the Site to Allow for a Telecommunications Tower as an Allowed Use De Weerd: Item 8-E is a public hearing on H-2016-0091. I will open this public hearing with staff comments. Beach: Good evening, Madam Mayor, Members of the Council. Get the slide where it needs to go here. Before you first is an application for a development agreement modification. The site consists of 4.642 acres, zoned L-O, located at 1855 North Black Cat Road. In 2005 this property was extended and zoned with the development agreement. The recorded development currently restricts the use of this site for a church, so the applicant is requesting to modify the existing development agreement that was approved with the annexation for this property to allow for a telecommunications facility. The current development agreement is explicit in only a church use being allowed and so in interpreting that staff has asked the applicant to come forward with a develop ment agreement modification to modify that. So, this is the current site plan. The tower that they are proposing would be located in this area here. I have also included an elevation for that tower. So, the applicant proposes to modify Section 5 under conditions governing development of subject property of the development agreement to Meridian City Council September 20, 2016 Page 26 of 58 allow the construction of a wireless communication facility. So, the applicant, as I said, has provided the site plan and the elevation for the slimline tower they are proposing. In the L-O district a wireless communication facility is a principally permitted use if it falls into one of several categories of which I saw slimline facility is included. So, this facility is subject to the specific use standards of the UDC and final design of the facility in compliance with the se standards that we verify with a certificate of zoning compliance application . Staff did not receive any written testimony as of the writing of this staff report. I believe you have been given comments from an adjoining neighbor -- a neighbor to the west of this property had sent in -- about 4:30 this afternoon. So, hopefully, you have received that. Staff is recommending approval of this application and I would stand for any questions you have. Bird: Council, any questions of staff at this point? Seeing none, is the applicant here? Please state your name and address if you would. Cox: Caleb Cox with T-Mobile. Address is 121 West Election Road, Draper, Utah. Good evening, City Council. I guess the Mayor stepped out for a second, but -- so, as the staff report has said, T-Mobile has been trying to get a telecommunications tower in this area for several years. We have worked with the Planning Commission ostensibly to try to find the right place for it and the -- a number of the planning commission -- a planner that's not in that department anymore actually directed us to this location. Because of the way the zoning ordinances are written it's -- you know, it's difficult in a residential area. So, this particular area is zoned and it is a permitted use and we are prepared to build and construct this tower, you know, with all the -- all the qualifications needed for that permitted use. The tower we are proposing is going to be slimline, meaning the antennas will be flush. It will be 60 feet high, which is shorter than, you know, the -- actually, the telephone poles that run along Black Cat. So, I mean it's pretty straight forward. All the setbacks and height requirements will be met. Other than that I'm available for any questions. Bird: Council, any questions for the applicant? Borton: Mr. President? Bird: Mr. Borton. Borton: Did you have discussions with the neighbor directly to the west about the tower? Cox: I -- I don't know if I have directly -- he may have come to the neighborhood meeting. I'm not a hundred percent sure who that would be, but I haven't, no. Borton: Mr. President? Has the company that you're working for heard from him? Do you know if anyone else has had those conversations? Meridian City Council September 20, 2016 Page 27 of 58 Cox: Not that I have -- I work for T-Mobile, not that I -- no, we haven't been reached out to. We had a neighborhood meeting and there was one of the residents that came by and had some clarifying questions, but that was about it as far as I know. Bird: Any other questions for the applicant? Thank you. Okay. We had some people signed up. Samantha Lapoint is against and she would like to testify. If she would come forward. Please state your name and address. Lapoint: My name is Samantha Lapoint. 6145 West Economy Drive, Boise, Idaho. 83714. Thank you for letting me speak today. Dear City Council Members, it's come to my attention just recently that my neighbor, the church there, is requesting a permit to install a T-Mobile cellular tower adjacent to a ten acre property that own. I'm voicing my objection to this change in the development agreement for the following reasons : My property has a signed development agreement with the city and it was for a 20 acre residential project and it had at the time an approved preliminary plat call Incline Village. I think there were about 51 lots that were on that Incline Village. I, myself, and three other property owners who make up the properties within Incline Village are in negotiations with a developer who is interested in purchasing that 20 acres and an additional I think four acres right next door to develop and, let's face it, cellular towers aren't maybe a necessity, but they are a bit of an eyesore and none of us would really choose to live next to one if we had the choice . There is also a perception that there are unknown health risks associated with living near cellular towers. Although undocumented the perception still exists. If the cellular tower is approved the developer's representative has stated that they would likely terminate their negotiations with us due to these concerns. Meridian is a family centered city and locating a cellular tower within a residential area with this density would seem to conflict with that objective. I and many people feel cellular towers belong in a nonresidential area and I think it is prudent -- I believe it is prudent to postpone the approval of this tower to consider how this tower might negatively affect the city's Comprehensive Plan for quality, family, friendly neighborhood here, the development agreement goals and how it might damage my -- and my property -- excuse me -- my and my neighbors potential sale -- our property values and the marketability of our projects should this tower be built -- approved. Thank you for your time and consideration. Bird: Thank you very much. Okay. Dr. Michael Pearson is for, but he don't want to testify. Phil Lanson is for, but didn't want to testify. Ken Motley is for. Randy Rogers. And Hudson Logan is for. This is a public hearing. Is there anybody that would like to testify on this item? Okay. come forward. Motley: My name is Keri Motley and I live at 1817 North Tessa Avenue, Meridian. My backyard actually is with -- right across Black Cat from this proposed cell tower. As a neighbor I don't oppose -- I actually approve having Meridian City Council September 20, 2016 Page 28 of 58 this tower being built. It's been a known problem that T-Mobile has had poor service in the area and with the growth of the community I feel that it's important that they keep up with the communications of those who live in the area . I know -- I am also -- I have to say I am also a T-Mobile customer and I have terrible service in that area and I would love to be able to have good service at an affordable cost for my family. We have looked at other options and they cost more money. And so being able to stick with the current carrier and having better service would be a huge benefit. I don't feel that it would be an eyesore. We already have power lines directly behind our home running along Black Cat and so I do not feel it would impact any further , since we already have those power lines right behind our house. De Weerd: Thank you, Keri. And I do have -- they have all -- okay. Is there anyone else who would like to provide testimony on the item? Okay. Seeing none, Council? Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: I have a -- well, I guess the applicant will come back up anyways. I have a question -- I have a question for the applicant. Thank you. My question is about being an eyesore, that that does seem to be somewhat of a -- I know it's similar to a telephone pole, but it's -- it's a little bit more than that. Are there any other designs? I know like at Eagle Hills Golf Course somebody put in a cell tower up there, they made it look like a big tree and so you -- you know, are there any other designs or something that maybe that doesn't just look like a big cell tower? Cox: You know, it actually comes up a lot and there are and we do palm trees and we do pine trees and we do flag poles and things, but I would s ay you remember that tower, but you probably don't remember the others you pass by, you know, because you're like, oh, that's a funny looking tree. So, I mean , yeah, there are -- we have had some cities have us paint them sky blue, thinking it would blend in and, to be honest, the slim -- it just kind of ends up blending into the skyline like a power pole would or, you know, like anything else. I mean -- but we do have that option, you know, if the city wanted to entertain that, but I think, you know, those fit a little better in areas with, you know, densely tall trees of the same height kind of thing. Palm trees actually work really well, but that would probably look a little funny. But they are -- you know, that's pretty well -- but we can look at that and we can perhaps bring some renderings, but in my personal opinion having just the same color as the power poles and everything else tends to be less noticeable in the long run. Meridian City Council September 20, 2016 Page 29 of 58 Milam: Madam Mayor? So, there was no other more nonresidential area in this vicinity that you could find to place this? I can tend to agree there really shouldn't be -- I wouldn't want it next to my house. Cox: Right. And we have actually been looking a lot. The closest we have is at a -- at a retail store in Meridian, like a shopping complex, but, unfortunately, because it's such a densely populated residential area -- I agree nobody wants them there. Everyone wants them on the outside kind of pointing in, but the nature of the beast is it has become a necessity, a utility just like almost anything else. Just like a telephone service or electricity. And because, you know, they are getting so densely populated, these residential areas, we have to start putting them in and we try to make them as -- you know, as little invasive as we possibly can, you know, and the reason we picked this area is because it is a little more rural, but we -- we have had a lot of complaints in this area from T-Mobile customers over the years, we have lost a lot of customers, and, you know, it -- and I sympathize for the -- the individual -- they oppose this and -- and her -- the neighbors, but, you know, the more residential houses that are going to go in, as she pointed out, the more there will be a need for this and, unfortu nately, we also have a responsibility to allow people to have emergency services, be able to call 911 in basements and things like that , and when we are farther away it penetrates less and, unfortunately, it's just kind of the nature of the way things are going with the industry. Milam: Thank you. De Weerd: Okay. Any other questions for the applicant? Thank you. Council, any additional information needed from the applicant or staff ? Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: Quick question for staff. If approved is the language for the modification broad to permit a wireless communication facility or is it more narrowly tailored to fit what is the slimline design, which may be more narrow? Beach: We can entertain that option. How it's written, as you see on the slide up here, it's -- right now it says it's -- the only allowed use in the area are churches and that's it. We have added their associated uses and wireless communication facilities. If you want to you can tailor that to be more specific to a slimline tower or however you would like to do that. That's within your purview. Borton: Madam Mayor? De Weerd: Uh-huh. Meridian City Council September 20, 2016 Page 30 of 58 Borton: It seems appropriate, if it's possible -- I guess I can ask the applicant. They might not care about having that restriction, but if that confirms and assures that the specific style and matrix of the tower as presented tonight -- I don't know how you add that language to address that. Beach: Associated uses and slimline wireless communication towers. Seems pretty straight forward. Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: Along those lines, another -- I guess another concern if I was a neighbor would be if -- and this is just kind of general language that what's going to stop another carrier from putting one on the other side -- you know, right next door. Just kind of general language that was going to stop another carrier from putting one on the other side, other -- you know right next door where this all of a sudden becomes cell towerville. So, maybe even just limiting it to one. Borton: Madam Mayor? If I heard Council Woman Milam, it's a DA modification and associated uses with a single slimline wireless communication facility? It would be worth having the applicant at least nod affirmatively or -- De Weerd: Well, I'm sure T-Mobile would like be the only one on it. I need you to speak into the microphone. Cox: I think the zoning ordinances take care of a lot for that for that location and I don't think they can be as close together as that, just -- the zoning ordinances might take care of that, but -- Borton: Okay. De Weerd: And maybe Josh can comment to that. Beach: Madam Mayor, I don't believe our zoning ordinance has a minimum distance between cellphone facilities as you -- if you go around the city you will notice on the top of various buildings in town there are multiple -- they are not towers, but they are wireless facilities that are constructed on top of taller buildings throughout town and we -- we don't have a -- we don't have a minimum spacing between them, so -- De Weerd: But you probably won't see a number of cell towers in -- in the same vicinity. Beach: Madam Mayor, from my experience what -- what happens is they tend to co-locate, which means multiple carriers will use an existing -- Meridian City Council September 20, 2016 Page 31 of 58 De Weerd: On one pole. Beach: -- pole and have other facilities on that. I'm not sure how T-Mobile does that necessarily, but I have seen that in the past, so -- we are not always going to put five towers up when you have got one. You can always just put your facilities on there, so -- De Weerd: Okay. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: If there is not additional public comment, I would move we close the public hearing on item -- oh. De Weerd: Council, I apologize I had to step out. Would you like additional testimony? Okay. Yes, ma'am. Lapoint: Want me to state my name? De Weerd: Thank you. Yes, please. Lapoint: Okay. Samantha Lapoint again. Okay. A couple other considerations are -- what you guys are considering, there is also another church just adjacent to this church. If you allow a cellular tower on this church would the church that's right adjacent, then, also have the right to install another cellular tower and, then, we are talking about multiple towers in the area? De Weerd: I would imagine they would have that same opportunity to come in for the same public hearings that this one would, so you would be notified if that were to happen. Beach: Madam Mayor, just to -- just to clarify that -- De Weerd: No? Beach: It's a principally permitted use. The only reason this applicant is having to come forward is their development agreement specifically allows for churches and their associated uses, which we did not interpret a wireless communication facility would be an associated use for a church. So, current ordinance allows for wireless communication facilities in the L-O district. De Weerd: And towers? Meridian City Council September 20, 2016 Page 32 of 58 Beach: Correct. Lapoint: Is it a possibility of even smaller? You know, height restriction on that? I know it's -- 60 feet seems like a lot, but -- De Weerd: You know, our ordinance does define where they are allowed and the specific -- specific -- that's easy for me to say -- the specifics. Lapoint: Okay. I guess that's all I have to say. De Weerd: Yeah. Thank you, Samantha. Lapoint: Thank you. De Weerd: And would the applicant have any additional comment? We always allow you the last word. Cox: Yeah. Just in closing -- De Weerd: State your name again for the record. Cox: Oh, again. Caleb Cox. De Weerd: Thank you. Cox: My address, too? De Weerd: No. Cox: The pastor of the church actually just came and spoke with me and said they would have the say if other carriers were to co-locate on that tower and they are not interested in that. So, I don't have a co-location on that tower -- I don't think it would be high enough for one and I don't -- and as the ground they wouldn't be interested in that, so I think -- hopefully that might help it rest a little easier. But other than that that is a necessity, it's necessary in our society and, unfortunately, with the more people that are moving in in Meridian it seems like a terrific place, we need to be able to provide emergency services and utilities of their phone, so -- any other questions? De Weerd: Okay. Thank you. Anything further from Council? Okay. Thank you. Okay. Council, any further information needed from staff or the applicant or any of those that provided testimony? If not, I would entertain a motion to close. Borton: Madam Mayor? De Weerd: Mr. Borton. Meridian City Council September 20, 2016 Page 33 of 58 Borton: Move that we close Item 8-E, H-2016-0091. Bird: Second. De Weerd: I have a motion and a second to close the public hearing on Item 8- E. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: FIVE AYES. ONE ABSENT. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: I'd move that we approve Item H-2016-0091 to allow the modification of Development Agreement Section 5.1.1 to read that the following be the only allowed uses on the property, churches, their associated uses, comma, and a single slimline designed wireless communication facility. Bird: Second. De Weerd: I have a motion and a second to approve Item 8-E as stated. Any discussion? Mr. Clerk. Roll Call: Bird yea; Borton, yea; Milam, yea; Cavener, absent; Palmer, yea; Little Roberts, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: FIVE AYES. ONE ABSENT. F. Public Hearing for Knightsbridge Subdivision (H-2016- 0088) by Schultz Development Located 3870 E. Victory Road 1. Request: Annexation and Zoning of 5.15 Acres of Land with an R-4 Zoning District 2. Request: Preliminary Plat Approval Consisting of Seventeen (17) Building Lots and Two (2) Common Lots on 5.15 Acres of Land in the R-4 Zoning District De Weerd: Item 8-F is a public hearing on H-2016-0088. I will open this public hearing with staff comments. Meridian City Council September 20, 2016 Page 34 of 58 Beach: This is an application for annexation and zoning and for preliminary plat. This site consists of approximately 5.15 acres of land, which is currently zoned RUT in Ada County. It's located at 3870 East Victory Road. The adjacent land use and zoning. To the north is single family residential property in the Sutherland Farms Subdivision, which is zoned R-4. To the east is single family residential zoned property zoned RUT also in Ada county. To the south is East Victory Road and single family residential property zoned RUT in Ada county. And to the west is also single family residential properties zoned RUT in Ada county. As I said, this is an annexation, so there is no current history on this property. The future land use map designation for this piece is medium density residential. The applicant has applied for annexation and zoning, as I said, 5.15 acres of land with an R-4 zoning district. Staff believes the proposed zoning intensity is consistent with the vision of the Comprehensive Plan. The proposed plat consists of 17 building lots and two common lots on 5.15 acres of land. The R-4 zoning district is proposed for the developments , with a gross density of 3.3 dwelling units per acre, with an average lot size of 9,218 square feet, which is consistent with medium density residential Comprehensive Plan designation. There is an existing single family home on the site that will be demolished as part of his project and the home must be removed prior to obtaining city engineer's signature on the final plat. The master street map -- going back to the vicinity map here. As you can see there is a large -- it's indicated as a roundabout. The master street map indicates a roundabout located at the intersection of South Terri Drive and East Victory Road. The highway district has indicated that they are in support of removing that from the master street map, but in order to do so the applicant will need to request that from them -- from the ACHD commission at a hearing to be scheduled that some date in the future. ACHD is requesting that the applicant construct South Proud Way as one half -- sorry. For references sake this is Proud Way here. As one half of a 36-foot street section with curb, gutter, and five foot wide concrete sidewalk within 50 feet of right of way, plus 12 feet of additional payment beyond the centerline and three foot wide gravel shoulder beyond the existing terminated roadway to the Proud Way-Moon Dipper Street intersection. Sidewalks are required along all public streets. The applicant proposes to construct five foot wide detached sidewalk throughout the development and a five foot wide detached sidewalk adjacent to East Victory Road. The eight foot parkways are required to comply with the UDC. As admitted the applicant has not provided the require d trees per the UDC. With the submittal of the final plat the applicant must submit a revised landscape plan that meets those standards. A 20 foot wide -- 25 foot wide street buffer is required along East Victory Road, which is considered an arterial street and is required to be landscaped in accord with -- with the UDC. The buffer shown on the landscape plan meets the requirements, however, because there are single common lots and fencing along, the sidewalk will have to be placed along the interior edge of the lots in accord with the UDC. Based on the aerial, the preliminary plat, which is approximately 5.15 acres, a minimum of ten percent or in this case .51 acres of qualified usable open space is required to be provided. Based on the preliminary plat the applicant is proposing .53, which is Meridian City Council September 20, 2016 Page 35 of 58 approximately 10.2 percent of the proposed development as open space. The open space consists of eight foot parkways and two pathway open space lots that are at least 50 by 100, that include the required street buffer adjacent to -- to Victory Road. So, located here. Staff is concerned about the location of the proposed open space for the development. The majority of the proposed open space is adjacent to a busy arterial roadway that will be widened in the future and will become busier with future development in the area . The applicant is proposing what is, essentially, an extra wide landscape buffer along East Victory Road. The fencing requirements in the UDC require that fencing, as I said, be installed on the interior edge of the common lot , which would, essentially, be here. The proposal by the applicant will essentially require anyone who uses the open space to recreate along the arterial roadway. In addition to the open space provided for the development, the applicant requests this property be allowed to be included in the open space and site amenity calculations for the Sutherland Farm development. I did not have an aerial, but this is the Sullivan Farm Subdivision here. So, they are proposing to -- and applicant is working with that HOA to be included within their HOA, so that this property be included in their required open space, as well as their amenities calculations. A total of 13.24 acres or 11.3 percent qualified open space has already been constructed within the Southern Farm development, along with the following site amenities. A three-quarter mile regional pathway along the Ridenbaugh Canal, a 5.9 acre park, a 2.5 acre park, tot lot, gazebo, swing set and horseshoe pits. The applicant has discussed incorporating the subject property, as I said, with their HOA and the applicant may have made some progress since the Planning Commission. I have not spoken with him regarding this since then. So, he may have some additional insight. The applicant is proposing to provide a future -- what he's calling a future large amenity within the Sutherland Farm existing 5.9 acre park and at this time the applicant has not provided details of what that future large amenity would be. So, because the applicant is proposing to be included in that Sutherland Farm HOA and subject to their CC&Rs, staff supports the applicant's request provided that the Sutherland Farm HOA agrees to allow this property to be incorporated and, if not, staff recommends that the plat is revised to provide the full ten percent qualified open space and one site amenity on this subject property. If an agreement cannot be reached between the two parties, staff recommends that the applicant separate the landscape buffer and passive open space and include an open space somewhere else on the property so that it's more usable and so it will create a more central open space. The applicant is proposing to construct detached single family homes. The applicant has submitted conceptual sample elevations. This is the overall Sutherland Farm Subdivision just for references sake. The applicant did something similar with the Bancroft Square Subdivision if you remember and got that included within the Sutherland Farm Subdivision recently and that's what they are proposing to do here. As I said, there are some sample elevations that were submitted by the applicant. Written testimony since the Commission hearing is from the applicant Matt Schultz. The Commission did recommend approval. Summary of the Commission public hearing. Matt Schultz, the applicant's representative, was in Meridian City Council September 20, 2016 Page 36 of 58 favor. There was none in opposition. William Bollar commented. Written testimony, as I said, was received from the applicant. I presented that application. Bill Parsons also commented. Key issues of public testing were the location of sewer and water as it relates to this development. Key issues of discussion by the Commission were amenities for the development if included in the Sutherland Farms HOA, as well as amenities if not included in the Sutherland Farm HOA and location of the open space might not be appropriate. Commission changes to the staff recommendations are -- they modified Condition 1.1.1C as follows: If an agreement cannot be reached with the Sutherland Farm homeowners association to allow the subject property to be incorporated into the Sutherland Farm HOA, that prior to submitting a final plat application the applicant shall separate the landscape buffer from the passive open space, which is Lot 1, Block 1, and Lot 7, Block 3, and create a more central open space lot and include one site amenity in accord with the standards of the UDC. There are no outstanding issues for City Council and I did recommend approval, as I said. Stand for any questions you may have. De Weerd: Thank you, Josh. Council, any questions? Bird: I have none. De Weerd: Okay. Would the applicant like to make comment? If you will, please, state your name and address for the record. Schultz: Thank you, Mayor Tammy, Council. Matt Schultz. 8421 South Ten Mile in Meridian. Here on behalf of Schultz Development. We have endeavored to do something similar to Bancroft Square, if you remember, which is right around the corner on Eagle Road, with the exception that we felt that this location was more appropriate to be R-4, instead of R-8. So, whereas -- you know, just -- we thought that was the best thing to do to blend in with the neighborhood. The big picture -- the overall picture that you're shown here I prepared when I measured everything and came up with the open space and, yeah, we -- we do meet the open space on our own, the two percent. What we are asking for is we would like to do an extra wide buffer on the road. It does count in the ordinance towards qualified open space. People are going to recreate in the big park in Sutherland Farm, which is very close. It's within 800 feet. It's closer to our subdivision than a lot of people that live in Sutherland Farm. Now, we would like to recreate in there with their full approval as being part of their HOA, paying dues, and being subject to their ACC guidelines as to what gets built. We are offering all that control to them and to pay 10,000 dollars towards a large amenity in the park that would use the Brancroft Square money that Berkeley homes is doing, with our money, use some of the other two hundred and some residents' money to do something bigger. As it stands today, they already have enough amenities in the overall subdivision to exceed your current ordinance, even though it was done ten years ago with the big pond that's stocked with fish in the middle, the regional pathway -- it's a great -- it's a great open space, it's centrally Meridian City Council September 20, 2016 Page 37 of 58 located, we would contribute to that. The reason Bancroft Square worked was prior to submitting the final plat we had to have that agreement in place and that all happened, it all came. We are still working through ours. Very positive so far. And I mean just takes a while for those wheels to turn when you're dealing with that many residents and you need to take it to a vote and all that and so we would like to have this approval in place subject to getting their -- their approval and if we can't get that approval, then, our final plat won't be able to be submitted like we submitted here, we would have to move the open space a couple lots in and put, you know, I don't know if it's a little playground or a gazebo or some amenity. We are right on the edge of needing an amenity, 4.99 acres, we wouldn't need one, we are at 5.1. Anything between five and 20 needs one amenity. We are right there on the edge. We would rather contribute to a bigger amenity in the park. Connectivity, it's a pretty simply layout in terms that we have to line up with Terri across Victory, we have to line up connecting to Sutherland Farm, we have to provide connections to the east and west. It is what it is and we decided to go with the deeper lots. I don't know that these lots are deeper than Sutherland Farm. They are not as wide, but they do meet that 8,000 minimum in the R-4, which is considered a larger lot in the City of Meridian, which we were going for. It will allow a three car garage. We want to, like I said, hand over the architectural control to their ACC board and do something that blends in with them and we just want to be one big happy neighborhood. So, with that we would stand for any questions and ask that you approve it with staff conditions that we agree with. Thank you. De Weerd: So, Matt, do you have the agreement with the Sutherland Farms HOA? Schultz: We have presented them -- we presented them here for them to sign. It outlines the contribution, the fact that we give them control. All of the things. It hasn't been signed yet, but that would be -- after this approval that would be a condition of being able to submit a final plat is having that agreement in place and it just takes time for that to work through. Bancroft Square, that just got done and that plat was approved a couple months ago. So, it's going to probably lag a month or two behind to get through the -- the process in dealing with those many homeowners. They have to vote on it -- they have to concur with a 66 percent supermajority. So, it's a high bar we have to meet. We think we are going to hit it. Like I said, we are doing big lots, we are giving them control, we are giving them money, just be one big happy family. So, it's going to take time, though. So, in the meantime, we are just going to take our approval forward to the board and say this is what got approved, will you, please, accept this and they will take it to a vote, so -- thank you. De Weerd: Okay. Council, any questions? Bird: I have none. Meridian City Council September 20, 2016 Page 38 of 58 De Weerd: Okay. Thank you. There were several that did sign up. If when I call your name you would like to provide testimony, please, step forward. Donna Reese signed up against. Mike Devine signed up as neutral or for. I would need you to come forward, please. If you will, please, state your name and address for the record. Devine: It's Mike Devine. I'm 3730 East McKay Drive. De Weerd: Thank you. Devine: I just live kind of at the intersection we are talking about poking -- just Proud through and connecting to Sutherland Farm. If they do go ahead and Sutherland Farm does approve all of this, who would we talk to -- or I guess maybe it's a development issue or a city issue or what have you, but that area -- that intersection there is already quite a bit of traffic that comes -- I guess would be west to east coming down McKay where it would join in with the new property. If there would possibly be a way to put like some kind of a stop sign, either just to -- I guess do I have a way to show you on this map where I 'm talking about or -- following their plat going from west to east -- De Weerd: Yeah. Right where the arrow is. Where the cursor is. Devine: Yes. Right. I just live I guess kitty-corner to that and that road going west to east is McKay and there already is problems with teenage drivers kind of just ripping through there and, then, they turn and go north up Proud. If that were to go through, which I'm in favor of, I'm not -- not in favor of, I think the development is great. But that's going to get, you know, access from people going down Victory to turn to go north up to our subdivision. We talked a month ago about the Bancroft Square and we were worried about people coming out of there and, you know, cutting through our neighborhood to head east and get back out to Victory. This is kind of giving another avenue for people to come from Victory through our subdivision and even cut over to Eagle Road. So, who would we talk to about putting -- like just putting a stop sign, just to -- just to slow traffic down at that internal intersection? De Weerd: That guy. Justin is with ACHD and I don't know if that can -- because it's not on this particular plat, it would need to be in the subdivision. ACHD does have a process of doing that, but maybe Justin can talk with you offline or we can ask him to come up and outline what that process is. Devine: Sure. Something as simple as that, just to deter people from blowing through there, because it already happens within the subdivi sion, that just gives them another avenue to do it and that really -- that's the only concern that I have. I mean I'm all for development in that area, I would even buy a lot in that area, but living where we live, I mean it happens all the time, especial ly on Friday and Saturdays, but that's about -- that's a question I had and I was just curious about Meridian City Council September 20, 2016 Page 39 of 58 if it were to go through and were to get approved from Sutherland Farms, who would we talk to about possibly in the stop sign there? De Weerd: Well -- and, actually, that would be -- make sense with the north- south as more of a -- a through road. But we don't do roads, so pass the buck to ACHD. Devine: Okay. De Weerd: We will ask him to comment. Devine: Okay. Perfect. Thank you. De Weerd: Thank you for your comments. Brian Barker signed up as neutral and for. And Jenny Staples as well. Thank you. Okay. Justin, can you make comment on -- on that last request on the stop sign? If you will, please, state your name and address for the record. Lucas: Thank you, Madam Mayor, Members of the City Council. My name is Justin Lucas, I'm here representing the Ada County Highway District and the business address is 3775 Adams Street in Garden City, Idaho. De Weerd: Thank you. Lucas: I can't speak specifically to this location. Obviously, this is a developing area and when this does go through it is certainly possible a stop sign would be an appropriate solution for that intersection. It's not uncommon for -- in areas like this where the streets are kind of built as we go for ACHD to come in and retroactively install stop signs. We have a policy related to this -- not only stop signs, but also a traffic calming policy and the -- the way to get that initiated is through contacting the Ada County Highway District. We have a very easy interface and response to these types of requests relatively quickly. There is some science behind the placement of stop signs and a stop sign alone -- it's been proven that if it's located in a place wher e it's not warranted, where the traffic or geometry or whatever doesn’t warrant it, that it doesn't do anything. So, I'm not going to promise we are going to put a stop sign anywhere without the analysis that is required through our -- through our policy, but that being said we do have a core process to do that analysis. We will respond. We do -- we go out and do traffic counts and monitoring and all those kinds of things before we make those decisions, but it's hard in this situation, because the street isn't there yet. Typically I'm talking about streets that are there. This one it's not there. When it does go in I think the point the gentleman made is -- is good and it's likely we will be able to do an analysis and provide him an answer at that time. De Weerd: Okay. If you will give him your -- your contact information after this that would be awesome. Meridian City Council September 20, 2016 Page 40 of 58 Lucas: Certainly. I certainly can. Thank you, Madam Mayor. De Weerd: Thank you, Justin. And we have it as well, so -- any other public testimony on this item? Okay. Any other comment? Okay. Council, any additional questions? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Seeing none, I move we close the pub lic hearing on H-2016-0088. Milam: Second. De Weerd: I have a motion and a second to close the public hearing on this item. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: FIVE AYES. ONE ABSENT. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve H-2016-0088 and to include all staff, applicant, and public testimony. Pending the HOA, which is part of the statement. Milam: Second. De Weerd: I have a motion and a second to approve Item 8 -F. Any discussion? Mr. Clerk. Roll Call: Bird yea; Borton, yea; Milam, yea; Cavener, absent; Palmer, yea; Little Roberts, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: FIVE AYES. ONE ABSENT. G. Public Hearing for Paisley Meadows (H-2016-0089) by Hayden Homes Idaho, LLC Located at 2180 East Amity Road 1. Request: Preliminary Plat Consisting of 75 Building Lots and Six (6) Common Lots on 20.18 Acres of Land in an R-4 Zoning District Meridian City Council September 20, 2016 Page 41 of 58 De Weerd: Item 8-G is a public hearing on H-2016-0089. I will open this public hearing with staff comments. Beach: Thank you, Madam Mayor. This is an application for a preliminary plat. The site consists of approximately 20.18 acres of land, which is currently zoned R-4, located at 2180 East Amity Road. To the north of this property we have residential property in Bellingham Park Subdivision, which is zone R-8. To the east we have rural residential or agricultural property zoned RUT within Ada county. To the south we have East Amity Road and rural residential or agricultural property zoned RUT also within Ada county. And to the west we have single family residential properties in the Estancia Subdivision, which is zoned R-4. In 2006 this property was granted annexation and zoning and a preliminary plat for 62 single family lots and nine common lots on 20.18 acres of land in the R-8 zoning district for what was called Cotswold Village. In 2009 the property was granted final plat approval of -- for 19 single family residential lots and seven common lots on 6.78 acres of land in the R-8 zoning district and the plat was subsequently -- has subsequently expired. The Comprehensive Plan future land use map designation for this property is low density residential. This proposed plan consists of 75 single family residential building lots and six common lots and the plat is proposed to development in two phases. As you can see here the phasing line runs approximately where my cursor is here. As I said, the property is designated as low density residential on the Comprehensive Plan future land use map. Low density residential areas are anticipated to contain single family residences at densities up to three dwelling units per acre. The proposed preliminary plat includes 75 residential building lots on 20.18 acres of land for a gross density of 3.72 dwelling units per acre. The gross density is slightly above density outlined in the Comprehensive Plan, but it comports with the maximum density requirements of the R-4 district. The average lot size within the development 8,408 square feet. The applicant indicated in the application that the minimum home size for the development would be 1,200 square feet. However, the zoning designation they are asking for requires a minimum of 1,400 square feet. There is an existing home and outbuildings on this site. The home is supposed to be removed. Development of this site is required to comply with the dimension standards set forth in UDC for the R-4 district and staff has reviewed the proposed plat and found it to be in compliance with those standards. The highway district did not require a traffic impact study for this development. Access to the site is currently provided via East Amity Road, which is considered an arterial street. This access would be terminated with the development of the proposed subdivision. The plat as submitted does not -- does not depict direct lot access in accord with the UDC. Access is proposed from South Rangewood Way on the north and East Nova Street on the east, which are both considered local residential streets. The Ada County Highway District in an e-mail received on August 17th indicated that there is potential to allow for construction access to enter the site from Amity. The applicant has worked with ACHD and has some additional information to share in Meridian City Council September 20, 2016 Page 42 of 58 that regard. I will let the applicant discuss that as part of his presentation. East Miller Street and South Rangewood Way are stubbed to this site. The applicant is proposing to stub to the property to the east as well, as staff is supportive of the street layout proposed for the development. A 25 foot wide street landscape buffer should measure from the back of curb is required along East Amity Road, which is considered a residential arterial street per the UDC and shows the landscape is in accord with the standards also set forth in the UDC. The applicant is proposing a 35 -- plus or minus 35 foot wide landscape buffer adjacent -- adjacent to East Amity Road. A ten foot wide compacted gravel shoulder meeting the construction standards of the transportation authority and landscaping, which is either lawn or other vegetative ground cover is required along East Amity Road. A minimum of ten percent qualified open space is required to be provided for this development based on the area of the preliminary plat, which is approximately 20.18 acres and, then, 2.01 acres of qualified open space is required to be provided as set forth in the UDC. A total of 10.01 percent of qualified open space is proposed consisting of half the street buffer along East Amity Road. A micropath lot, a drainage lot, an internal common open space. The applicant proposes to provide a tot lot within the central common ar ea located at Lot 16, Block 2. So, if you look at the landscape plan -- and if I can find my cursor -- in this location here. And, as I said, we worked with the applicant and -- I apologize, this isn't actually what they are proposing, they are proposing this pathway here and this will actually be a street connection, because we have some issues with the block length on the south here, which we have since resolved. Sidewalks are required along all public streets and a minimum of five foot detached sidewalk is required along East Amity Road as depicted in the landscape plan. Because homes on lots that back up to East Amity Road will be highly visible, staff recommends the rear or sides of those structures that face East Amity Road incorporate articulation through changes in material, color, modulation and architectural elements to break up those monotonous wall plains and roof lines. Staff did receive some additional testimony since the Commission hearing from Jerry T eibel, Amity Shinsel, and also from Ross Erickson, the applicant's representative. Based on the Commission public hearing the applicant's representative Ross Erickson was in forever and there was several comments that were in opposition were Crystal Dickerson, Amy Shinsel, Jared Perry, John W alker, Earl Griffin, Clarissa Amos, Annie Moore, Michael Thompson, Peter Thompson, Laura Dahl, Russ Damyan. Written testimony was received from Ross Erickson. I represented the staff in this presentation. Bill Parsons and Ted Baird also commented on the application. Key issues of public testimony were the lack of direct access to Amity Road. Safety of children on Wrightwood Drive with the increased traffic from the proposed development. Concerns over lack of amenities. Why a traffic impact study was not required for the proposed development. Where construction traffic will be directed. Public notification -- or feelings that the public notification was inadequate based on the impact to the surrounding neighborhoods. Timing of the construction entrance off of Amity Road. Key issues of discussion by the Commission were traffic on Wrightwood and the Meridian City Council September 20, 2016 Page 43 of 58 speed of cars on that road. Direct access to Amity Road from the parcel to the east once it develops. The additional homes might make W rightwood eligible for some traffic calming measures. Designated signs that require construction to use a construction entrance off of Amity Road. Timing of the removal of the construction entrance and who would use the entrance . There were several changes to the conditions from the Commission. First is the addition of condition 1.1.8 as follows: That pending the approval of the -- of Ada County Highway District, a sign saying, quote, no construction traffic, be placed at the corner of Locust Grove and Wrightwood at the dead end of Rangewood and at the entrance to Estancia off of Amity Road. Add Condition 1.1.9 as follows: Pending approval of Ada County Highway District, a temporary construction access shall be built off of Amity Road and that all construction vehicles shall use the temporary construction access. Add Condition 1.1.10 to read as follows: Landscape surety shall be put in place for removal of the construction entrance and the temporary construction entrance shall be removed prior to signature on the final plat for phase two of the proposed development . Add Condition 1.1.11 to read as follows: Prior to the City Council hearing the applicant shall provide details of the location of the temporary access, as well as have final information from the highway district as far as any conditions for use of the temporary access. So, in that regard the applicant did provide staff with proposed locations of signs for emergency and construction traffic only, as well as the location for a proposed temporary direct access to Amity Road. With that the Commission did recommend approval and I will stand for any questions you have. De Weerd: Thank you, Josh. Council, any questions? Bird: I have none at this time. De Weerd: Okay. Is the applicant here? If you will, please, state your name and address for the record. Erickson: Madam Mayor, Council Members, Ross Erickson. 6213 North Cloverdale Road, Boise. I'm here tonight representing the applicant. First off, Josh, thanks for the thorough staff report and all of your efforts to get us to this point. As Josh mentioned, we are here to request approval of a preliminary plat for six -- or 75 single family detached building units on a parcel just over 20 acres that's currently zoned R-4. We feel it's compatible with the surrounding area. Directly to the west is the Estancia Subdivision that's also zoned R-4. To the north is Bellingham, which is zoned R-8. To the northeast is Messina Meadows, which is also zoned R-8. And to the -- directly to the east is a vacant parcel that's still in the county that's RUT. And to the east of that parcel there is a parcel zoned R-8. So, from a bird's eye we are, basically, an R-4 parcel surrounded by R-8s and R-4s. So, we think it's a good fit for this proposed development with regards to density and use. The access for the site was, basically, predetermined by the adjacent developments , through Bellingham and through Estancia. Estancia provided the Melwood stub street to the west property Meridian City Council September 20, 2016 Page 44 of 58 boundary and Bellingham provided the Rangewood stub street to the north property. So, basically, our layout utilizes those two stub streets for our internal network of streets and we also provide a stub street to the west to provide access to the undeveloped parcel to the east. We do not provide direct access to Amity, nor would it be approved by ACHD in accordance with their policy, due to the successive driveway spacing from the approach to the west that goes into Estancia to the north and, then, there is another approach to Amity Road to the east that goes to White Bark. There is about 1,200 feet between those two driveways and they require 660 feet of successive spacing between driveways. So, it physically wouldn't fit to try to get another access to this property directly to Amity, nor do we think it makes sense, simply because we are providing a stub street to the east and the next property over to the east when it develops would have the ability to construct a driveway that aligns with the approach for White Bark, which provides another access out to Amity Road for the Paisley Meadows development. The internal streets are 34 foot wide. Will accommodate parking on both sides. We are proposing eight foot planter strip parkways. It will be landscaped with trees, sprinklers, and grass. The development includes just over ten percent open space in accordance with the city's code. At the northeast corner of the project we have a detention pond for storm water. It's actually the low point of the site, so it makes sense to put it there. The area -- around the detention pond will be landscaped. To the extent ACC will provide some spacing requirements for trees and things, but we can do -- we have some flexibility with grass and shrubs, so we are going to dress it up, so it looks nice. Centrally located in the project is more of a park-type setting for our open space. That location will include a tot lot, some benches for a sitting area, and also like a pet station that will include some bags and refuse for disposal and we have also got - - this landscape plan isn't quite accurate, as Josh just mentioned, the pedestrian connection on the west side is actually a through street now, but we do have a mid-block pedestrian connection for access right where the cursor is and, then, also we provide two pedestrian connections off the -- the terminus of the -- the bulbs on this portion of phase two. We provided a 37 foot landscape buffer along Amity Road. A 25-foot buffer is required. W e think it's -- it's a good measure just to provide a little bit of separation for most homes to the arterial roadway and also improve the streetscape I guess looking in. The utilities are readily available to the site. We have got water and sewer on three sides, the northwest and the south. So, the site is easily serviceable. Our plan is to bring sewer from the south, run it through the internal streets and provide a stub to the east for that parcel for future development. Same goes with water. We wi ll connect on the northwest and the south and provide a stub to the east. The construction issue came up at a Planning and Zoning meeting. It was kind of a -- and I couldn't quite address, because we didn't have enough information and we didn't answer that question to ACHD in time, so we since had to go back and follow up with them to develop the temporary access plan that you see on the screen right now. Basically, what this plan shows is it shows a temporary gravel access road from the southerly boundary of phase two that connects directly out to Amity Road. This access will be limited to construction traffic and that will include all the folks Meridian City Council September 20, 2016 Page 45 of 58 working on the home construction within phase one. It will include trades, the roofer, the painters, all the guys that their trucks or cars or vehicles coming to work on those homes. It's the intent in providing this road that, you know, we can see if those folks actually use that access and not go through the local streets and burden them with undue construction traffic, since the neighbors were really concerned about that. The sign -- the signage proposal we have actually included it on this plan. The condition of approval that is included in the staff report is a little bit different from what we are showing here. It was drafted prior to us working out the details with ACHD. So, what we would like to do is -- I have a proposal I sent Josh, an e-mail with some suggested language to change that condition to align with our proposed temporary access plan with regards to some of these items. So, do you guys want me to read those proposed modifications into the record? Josh, do you want me to do that? Okay. So, the Commission added Condition 1.1.8 and, basically, to back up, through one of the -- the no construction traffic signs posted out on Amity and, then, also out on Locust Grove. After meeting with ACHD we didn't think that was quite the right location for those signs, we thought it would be better to put it at the boundary of the project, so it was clear as far as what traffic we are trying to control and that is the project coming to and from the Paisley Meadows Development. So, I propose Condition 1.1.8 be modified to read: Pending approval of ACHD, that sign saying no construction access permitted be placed along East Melwood Street and South Rangewood Way at the subdivision boundary and that's exactly what's shown on this plan here. The second modification would be to condition 1.1.10. There was a -- more for the notice with regards to a landscape surety and it's really unnecessary to have that in the condition, simply because this temporary access will remain in place until probably about halfway through the infrastructure construction of phase two, which we just got halfway through the infrastructure construction in phase two, it's going to be a safety hazard to have people driving through there, we are going to be cutting roads in, putting road base down and preparing for concrete. So, we would anticipate t hat the temporary access would be removed at the point in time when we have to start prepping for the road and for the concrete for phase two. So, basically, what I did is I struck this portion from the condition. A landscape surety shall be put into place for removal of the construction entrance and -- basically I crossed that part out. I don't know if that makes sense. I was just reading it from the -- but the remaining portion could read like these. The temporary construction entrance shall be removed prior to signature on the final plat of phase two of the proposed development. And Josh has this e-mail. He has these in writing. I don't know if you guys would like a copy of those or not, so -- so, that pretty much sums it up. With that we will ask for your approval tonight and I will stand for any questions. De Weerd: Thank you. Council, any questions? Bird: I have none. Milam: Madam Mayor? Meridian City Council September 20, 2016 Page 46 of 58 De Weerd: Mrs. Milam. Milam: There seems to be a lot of contention about traffic. Was getting direct access to Amity Road something that you tried to do? Did you ask them? Was that ever a part of the plan? Erickson: Madam Mayor, Councilman -- is it Milam? Milam: Yeah. Erickson: No, we didn't propose it, because it doesn't meet policy. So, we went in and met with the highway district. Looking at the overall plan, it's pretty clear that the parcel to the east will have an access to Amity that will align with White Bark and it just -- it seems for a planning perspective to be a much more suitable location for the access. So, given the fact that access on the parcel to the east will align with White Bark, ACHD policy won't allow it due to the driveway spacing in our project, it just makes sense to put it on the parcel to the east to align with White Bark. Milam: Madam Mayor? Also our policy is a minimum of 1,400 square feet, not 1,200 square feet, but you're asking us, so I'm just, you know, like it would just be a lot -- it would be a lot less issues with your neighbors -- and maybe they may even say, no, it doesn't work and, then, you go on from there, but I was curious. Erickson: Madam Mayor, Councilman Milam, we are actually -- we put the 1,200 square foot on the application in error. Fourteen hundred square foot minimum is fine for what we are proposing to do. I forgot to mention that, but thanks for -- Milam: Thank you for mentioning that. Erickson: But with regards to the -- to the driveway spacing, one of the Comprehensive Plan goals is to minimize driveway access to arterial streets. So, I mean that's taking everything in and kind of thinking about what makes sense for this area with the parcel being undeveloped to the east. I think from a planning perspective it makes sense for how we are approaching this. We did talk to ACHD about a direct access and they said that it doesn't meet their policy for spacing. Milam: Thank you. De Weerd: So, Josh, can you show how -- how -- you can't overlay it -- Beach: This doesn't have White Bark Subdivision on there. This must be an old aerial photograph, but we will go back to my -- we will go back to my PowerPoint and I can show you where the -- I believe the vicinity map will show -- so, if you Meridian City Council September 20, 2016 Page 47 of 58 look -- this is the White Bark Subdivision here. The road lines up -- or it's further over. This east -- property to the east -- let me pull the aerial back over so you can kind of see what we are talking about. So, it's approximately in this location where the White Bark access to Amity Road is and my understanding is that it makes sense to line up the access so you're not off-setting multiple access points and, again, it doesn't meet the separation standards. I know Mr. Lucas is here and he can kind of explain the highway district's reasoning for that, but that's my understanding is that with a proposed future access to Amity in approximately this location, it didn't make sense to have another one here with -- the intent is to limit those direct access points to Amity Road. De Weerd: So, if the access is on Melwood Street -- Beach: So, Melwood is the street here that runs east-west, so that would be an access to the subdivision, as well as to Rangewood here, which brings it out to Locust Grove. De Weerd: So, that cul-de-sac is a through street. Beach: It is. De Weerd: Council, any other questions at this point? Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: I'd like to hear Josh's response to the requested removal of the surety portion of 1.1.10. Give us the other side of what can occur. Beach: Sure. The discussion at Planning and Zoning was some way of trying to get the applicant to -- because typically we required the -- the landscape improvements along the -- along the street with the first phase; right? If you're going to put a construction entrance through that , you're obviously not going to build that portion of it. So, I think the thought was to get some money so that when that is removed we have got some -- some -- some surety or some -- some way of enforcing that that gets constructed with the removal of the access. I don't know that we necessarily need to do that. Maybe Mr. Nary can elaborate a little bit more on that. But from my perspective it doesn't make a whole lot of sense. We are going to require that they do that. A surety for this -- so, I guess that's my two cents. Borton: Madam Mayor, I didn't catch the last part. You're not sure why it's -- why we would require the surety? Beach: A surety in addition to what we would already require? Meridian City Council September 20, 2016 Page 48 of 58 Borton: Right. Wasn't that in our language initially though? The addition of -- of -- the language that Ross wanted stricken, is that -- Beach: The language from -- Planning and Zoning added that language. Borton: Okay. Beach: Yes. Staff didn't add that language, it was something that -- Borton: Okay. Beach: -- it was discussed at the Planning and Zoning. Borton: Okay. Got you. Erickson: I should clarify that just one more time for you, Councilman Borton, if you would like. Because the -- the driveway approach -- or excuse me. Because the temporary access road is going to be removed probably halfway through the phase two infrastructure construction, it's kind of a moot point. What's the point of putting the surety language in there if it's going to be removed and you're going to construct your landscaping for phase two along the frontage along with Amity Road widening, it doesn't make any sense. I mean we can leave it in there, but it's just extra -- extra language that doesn't really mean anything. It's kind of out of place. Borton: Okay. De Weerd: Okay. Any other questions? Thank you. Erickson: Thanks. De Weerd: I had several people sign up and, hopefully, we didn't chase them off because of the lateness, but Collin Whitlock signed up against. Majo -- Meso -- I don't know -- Whitlock also signed up against. Michelle Sorensen signed up against, as well as neutral. Christian Sorenson same. And John Walker signed as neutral. Thank you for sticking with us. If you will, please, state our name and address for the record. Walker: John Walker. 4592 South Glenmere Way in Meridian, Idaho. Madam Mayor and Council Members, appreciate the time. I sit on the board for the HOA for Estancia. We have had a lot of banter on this project, if you will, from our neighborhood, as well as the neighbors to the north Bellingham Estates. And I just have a few questions that I would like clarified, as well as our board, and a couple of them offer solutions to, so it's a question -- a solution posed in the form of a question, if you will. The first question is the roads through Estancia -- and Meridian City Council September 20, 2016 Page 49 of 58 this is more probably a question for Josh than ACHD, you know, were these roads designed for the type of traffic. Proposing 75 homes. Originally it was 62 or so. You know, 75 homes on an average of two cars per home on two trips per day, that's 300 trips to the new neighborhood. So, that's one of the big concerns of -- of the neighbors in my neighborhood. Again, I'm neutral to the -- to the situation here. I do promote development in the area. It helps with home values. It helps bring good quality people into our town . But I do have concerns for safety for the kids in my neighborhood, as long as my -- my own, seeings as how -- right where Josh's cursor is where my house is on that corner. That is Melwood, which is a proposed entrance to the new neighborhood, which isn't even a through street from Amity. So, to use that, you know, people would actually have to come in -- can I write on this? Beach: Select a color at the very top. The top of the -- there is a button. Walker: Sorry. Oh. So, those would be the three m ain entrances to get into the new subdivision. Again, that's the concern. So, were the roads meant for the type of traffic that's going to be using these roadways. Wrightwood on the north side there, that's already being used by two different subdivisio ns. Some would argue three, because up in here there are new homes that are already there. So, again, traffic. My second question is -- and this is more posing a solution -- could this project wait until the new road from White Bark -- I think that land there has to be annexed into Meridian, but would that be a possible solution? Why put three different neighborhoods at unrest when we could just hold off on a project until the roadways are there to meet the needs of the neighborhood? And, finally, even if the project is approved, what kind of traffic controls could be put in place? You know, speed bumps through these neighborhoods. A lot of, you know, community members have already stated about people speeding through the neighborhood, mainly on W rightwood, but also through -- down Glenmere Way. So, those are big concerns that I'm seeing from my fellow neighbors. Again, you know, I'm not opposed to the -- to the homes going in, I think it's a good thing for the city, but, you know, there are much larger neighborhoods, such as Tuscany right to the north of us that have hundreds of homes. You know, we are only talking -- we are dealing with a few hundred homes right here in my two neighborhoods, but they have, you know, residential collector street s, so vehicles that are traveling on actual residential -- pure residential roads where homes and children are, is minimal, because it kicks them out on these residential collectors streets that, then, kicks out on the arterial roadways, so there is not so many people playing on those and we don't have those in our particular situation. So, you know, with that I would hope to be able to answer some of those questions and if it's okay with you I would like to come up and -- if I have any more questions after he comes up. Thank you. De Weerd: Thank you. So, Justin. You're earning your keep tonight. We do appreciate you being here. Meridian City Council September 20, 2016 Page 50 of 58 Lucas: I have attended many of these meetings and I always find it enjoyable , so -- I do. It's, you know, kind of a weird thing, but I enjoy these -- the public process. My name is Justin Lucas. I represent the Ada County Highway District. Business address is 3775 Adams Street, Garden City, Idaho. As you are aware, you know, ACHD provides a written staff report on the applications for development and I will always guide you to that staff report for ACHD's official comment on any application. I can try to add some thoughts behind why, number one, we do not want an access to Amity Road through the subdivision and we would prefer it line up in the future with that White Bark access. I think Ross touched on this a little bit, but the idea behind that is safety. When you have offset streets across the street from each other and they are just a little bit offset, it's the left-turn movement that will get you, because the left -- the people turning left, if they are lined up and can see each other across the way, then, they have a better chance of not running into each other. So, if they are o ffset a little bit and they turn into that center lane and when they see the person is when they are looking straight at them in the center lane. So, that's the primary reason behind why they are so concerned with intersection offset. The second concern brought up by the HOA board member was about the volume of traffic going through these streets. I don't -- I looked at the staff report. I don't have all the numbers for the volumes on these streets, but based on my experience I'm 99 percent positive that the volumes on his local roadways do not exceed ACHD standards. You can see here -- Eagle, Amity, and Locust Grove, typically we call out the major streets and we will only call out the minor streets if there is an issue and so here where there is these low volume local streets, there was no issue identified. I understand the concern of each different subdivision being concerned about a new subdivision passing through those roads, but that is very typical. It happens all the time. And the roads are public. There is not -- they don't belong to any specific subdivision, unless they are private streets. So, public roads are meant for the use of the public, regardless of the subdivision that you -- that you live in. Looking at this area, it's -- it's -- it's likely that if this developed all as one subdivision it would have a very similar street layout and accesses to Amity and Locust Grove would be basically what -- what was presented and so I don't know if that helps solve all those issues, but certainly if - - after this development goes in and there is a problem on one of these roads , once again, you can contact the highway district. There are traffic calming policies that -- speed bumps, whatever they may be -- it's surprising, though, how many people don't want speed bumps when we actually go out and talk to the neighborhoods and so it's interesting how that plays out through traffic calming. So, that said, I don't know if I clearly answered every question, but I hope I addressed the major concerns. De Weerd: Council, any questions for Justin? Bird: Thank you. De Weerd: I think you addressed the overarching concerns. Meridian City Council September 20, 2016 Page 51 of 58 Lucas: Thank you. De Weerd: Okay. Is there any further testimony? Yes. Thank you for being here. If you will, please, state your name and address for the record. Sorensen: My name is Michelle Sorensen and I live at 1915 East Melwood Street. We thank you for an opportunity to speak. We just purchased our home in June and we have five small children -- well, my oldest probably isn't so small, but I have five children and one of the biggest selling points for our home was how quiet the neighborhood was and how it felt. We felt safe with our children being on this -- being able to go out and play. We live right across the street from the park in Estancia and we live about 200 feet from where the subdivisions will join and I feel -- I'm not opposed to the development, I'm only opposed to the way that the traffic needs to be handled. I understand wanting the Amity entrances to line up at the White Bark and Twin Star, but I would agree with them possibly holding off on the project until we can get that White Bark entrance there. We do have a lot of subdivisions in that area. It's not just the two subdivisions. There is a whole lot of the subdivisions that do interlink and there are no streets, except for the ones that drive all along houses and there are cars that go through there quickly already. If you add another 75 homes there will be a lot more cars that go through there quickly and not just by the houses, but close to the park where the kids do play. I feel that this causes increased risks to our children and not just to my children, but to all of the children in the neighborhood, both in Estancia and in Bellingham Park and the other neighborhoods that have just gone back in around Rangewood. I would ask that we wait on this project until the White Bark entrance can be constructed to help keep traffic at safe levels for our children in the neighborhoods. I know that the development needs to happen. I get that. But I am concerned that there was no traffic study completed on this, because it is going to impact traffic in those neighborhoods and I don't want to have to wait for a problem to occur before we address the issues that we can already see that are coming . And I think that's all I have to say. De Weerd: Thank you very much. Okay. Any further comments? Okay. Would the applicant like to respond? Erickson: Madam Mayor, Members of the Council, Ross Erickson again representing the applicant. Thank you, Justin, for your testimony and clarification on -- on the traffic issues. I don't have too much to add there, other than I didn't see anything in the ACHD staff report that said that there is any undue burden on any of the adjacent local streets that will service this project. We think the right thing is to align the future access to Amity with the White Bark access and that's why our proposal is as it is. So, I really don't have much more to add, unless you guys have any additional questions for me. Meridian City Council September 20, 2016 Page 52 of 58 De Weerd: Council, any questions for the applicant? Thank you. Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: We don't even have an application on the neighboring property; right? So, that could be ten years out, there is nothing -- we don't know? There is nothing planned right there? Beach: We have had some interest over the recen t years, but currently there is no application. Milam: Thanks. De Weerd: Okay. Council, any questions for staff, the applicant, or any of the neighbors? Bird: Hearing none, Mayor, I move we close the public hearing on H-2016-0089. Little Roberts: Second. De Weerd: I have a motion and a second to close the public hearing on Item 8 - G. All those in favor say aye. All ayes. MOTION CARRIED: FIVE AYES. ONE ABSENT. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: A statement first. While I sympathize with the subdivisions that are already there, I think if we look back through the minutes when their subdivision was -- application was here we had people from Tuscany and stuff testifying that they were going to bring too much traffic through their subdivisions and stuff and on Locust Grove, so while we want all our roads to be safe and stuff, I -- I personally think that this developer -- he showed his thoughtfulness by going to an R-4, getting larger lots, less houses, and I appreciate that. And with that if we have no more discussion, I move that we approve H-2016-0089 and to include all applicant, staff, and public comment. Little Roberts: Second. De Weerd: I have a motion and a second to approve Item 8-H -- I mean 8-G. Sorry. I would just say that I understand the concern , too, and -- and the -- probably the local collector just north of that will probably be the -- the main route Meridian City Council September 20, 2016 Page 53 of 58 out, but the developer did do less density, it was actually low density. It's exceedingly three per acre in low density, so just wanted to make sure that that -- that was noted. They did -- did adhere to the minimum square footage for the low density however. Any discussion from Council? Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: I have discussion, I just had a comment, too, because I do sympathize with you guys. We just approved a 200 home subdivision across from my subdivision that's going to drive all that traffic right down my street taking their kids to school, so I feel the pain. Unfortunately, we can't make emotional decisions like that, so -- just facts and findings. De Weerd: Mr. Clerk, will you call roll. Roll Call: Bird yea; Borton, yea; Milam, yea; Cavener, absent; Palmer, yea; Little Roberts, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: FIVE AYES. ONE ABSENT. H. Public Hearing for 2016 City Initiated Annexation (H- 2016-0093) by City of Meridian ACHD Properties - Generally Located Near the Northeast Corner of S. Eagle Road and E. Amity Road, Southeast Corner of N. Meridian Road and E. Carmel Drive, East Side of N. Ten Mile Road, North of W. Ustick Road, 3955 E. Ustick Road, 2910 W. Franklin Road and 6175 N. Linder Road Idaho Power Properties - Located at 3275 E. Amity Road, 1635 S. Stoddard Road and 3539 N. Ten Mile Road Blackrock Subdivision - Generally Located North of E. Lake Hazel Road, Between S. Locust Grove Road and S. Eagle Road City of Meridian Property - Located 3064 W. Malta Drive 1. Request: Annexation and Zoning of Approximately 67.50 Acres of Land with R-4 (53.25 Acres), R-8 (11.64 Acres), R-15 (30.10 Acres) and C-C (2.61 Acres) Zoning Designations Meridian City Council September 20, 2016 Page 54 of 58 De Weerd: Item 8-H is a public hearing for H-2016-0093. I will ask for staff comments as I open the public hearing. Hi, Brian. McClure: Madam Mayor. De Weerd: Thanks for sticking with us. McClure: You guys get me two weeks in a row. Good evening. I'm here to present and review an application for a city-initiated annexation. Last year City Council approved a small budget for the city initiated project. Part of this was a request to -- and direction for staff to clean up enclaves and the other was to close the loop on a 2005 agreement for services and annexation. That agreement allowed the Blackrock Subdivision to develop in the county with city services, even though it was not contiguou s at the time. This application is for a Category A annexation. All of these properties are now contiguous with the city and they have all provided some type of consent . These properties include six Ada County Highway District properties, one City of Meridian property, three Idaho Power properties and the Blackrock Subdivision. ACHD has indicated they will not contest annexation. Idaho Power has provided signed consent for their agreement to the City of Meridian and wishes for its property to be part of the city. The Blackrock Subdivision was allowed to develop in the county with city services under an agreement that it would be annexed when it became contiguous to city limits. This agreement was recorded at the county, memorialized in individual titles, and referenced in their CC&Rs. With the Sky Mesa development Blackrock became contiguous to the city. Blackrock is also contiguous to the southwest and now it's part of the south Meridian annexation. This area has development into the north, east and south, including schools, residential, a regional park, YMCA and others. Total acreage for the annexation is approximately 67 acres. Land uses for these properties include low density residential, medium density residential, and mixed-use commercial, commercial and civic. These properties are consistent with the future land use map and include 53 acres of R-4, 11 acres of R-8 and 2.68 acres of C-C. For the ACHD, Idaho Power, and City of Meridian. There are no real impacts as a result of this annexation, but there may be some opportunities for expansion on some of these properties, the Idaho Power and ACHD sites are existing storm water -- are for the most part existing storm water or power substations. The City of Meridian property is a small strip of land that connects -- it's a pathway connection between Harris Park and Ten Mile Road. In terms of service and assessment impacts, utility, roads, schools and services remain unchanged. Fire service will remain the same, since Meridian Fire provides the rural fire service. There are, however -- there will, however, no longer be an assessed tax value for the fire district. Trash service will remain with Republic, but there are some differences between the city account and the county account. Police services will now be Meridian Police, instead of the Ada County Sheriff. In terms of the outreach and coordination -- I think I skipped one. In terms of the outreach and coordination, Meridian City Council September 20, 2016 Page 55 of 58 city staff held an open house for Blackrock residents on May 23rd, 2016. Planning, Code Enforcement, Legal and Republic Public Services were present to answer any questions or address any concerns. Tim Foster, the Blackrock HOA president at the time, was the only person to attend. He indicated that he would take this information back to their HOA two weeks later at the -- their annual meeting. Code enforcement also mentioned they would be attending that, but I have not heard any feedback from them. Staff sent courtesy mailers to Blackrock property owners for both the P&Z and City Council meetings. Lastly, trash service has been coordinated under the city contract will not change for Blackrock residence until the start of the new year, if they are annexed. On August 18th the Planning and Zoning Commission recommended this application to City Council for approval and tonight city staff are requesting approval of this annexation and zoning application. I do have maps for each one of these properties if you would like me to go through those, but, otherwise, I will stand for questions. De Weerd: Council, any questions? Palmer: Madam Mayor? De Weerd: Mr. Palmer. Palmer: Madam Mayor, so to date we have had no objection whatsoever from any residents in Blackrock? McClure: Not one. Palmer: Cool. De Weerd: Any other questions? Thank you, Brian. I don't see anyone beating down the door. It looks like our -- our team answered questions. It was a thoughtful approach and, hopefully, was able to put the questions to rest and we appreciate all of your efforts. Any questions for Brian? Okay. Okay. Council, if there is no questions I would entertain a motion to close the public hearing on Item 8-H. Palmer: Madam Mayor? De Weerd: Mr. Palmer. Palmer: Maybe one more question. Just looking at the agenda, so it says 67.5 acres, but, then, the breakdown of the different zonings acreages adds up to way more than that. Is there a typo or am I just -- don't understand it? Or is it 67? McClure: Bear with me for one second here. Meridian City Council September 20, 2016 Page 56 of 58 Palmer: The breakdown doesn't really matter if it is 67. I'm just curious if it's a lot more than 67. McClure: Council Palmer -- or, Madam Mayor, Councilman Palmer, I know the 67.5 is accurate. There must be a typo on the other ones there. I'm not sure which one it is without pulling it up, which I could do if you're interested. Palmer: No. No. That's fine. I just was curious if the 67 was accurate or if it was -- McClure: The 67 is accurate. Yes. Palmer: Okay. Thanks. De Weerd: It was a test. Good job. Okay. Council, anything further on this item? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we close the public hearing on H-2016-0093. Little Roberts: Second. De Weerd: I have a motion and a second to close the public hearing on Item 8 - H. All those in favor say aye. All ayes. MOTION CARRIED: FIVE AYES. ONE ABSENT. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve H-2016-0093 and let it be shown that it is on 67.5 acres of land. Little Roberts: Second. De Weerd: I have a motion and a second to approve Item 8 -H. If there is no discussion, Mr. Clerk. Roll Call: Bird yea; Borton, yea; Milam, yea; Cavener, absent; Palmer, yea; Little Roberts, yea. De Weerd: All ayes. Motion carried. Meridian City Council September 20, 2016 Page 57 of 58 MOTION CARRIED: FIVE AYES. ONE ABSENT. Item 9: Ordinances A. Ordinance No. 16-1707: An Ordinance Repealing And Replacing Meridian City Code Section 9-1-16, Regarding Connection To City Water System Outside City Limits; Repealing And Replacing Meridian City Code Section 9- 4-26(A), Regarding Connection To City Sewer System Outside City Limits; Adopting A Savings Clause; And Providing An Effective Date De Weerd: We already acted on Item 8-I. 9-A is Ordinance 16-1707. Mr. Clerk, will you, please, read this by title. Coles: Thank you, Madam Mayor. City of Meridian Ordinance No. 16-1707, an ordinance repealing and replacing Meridian City Code Section 9-1-16 regarding connection to city water system outside city limits, repealing and replacing Meridian City Code Section 9-4-26A regarding connection to city sewer system outside city limits. Adopting a savings clause and providing an effective date. De Weerd: Council, you have heard this read by title. Do I have a motion? Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: I move that we approve Ordinance No. 16-1707 with suspension of rules. Bird: Second. De Weerd: I have a motion and a second to approve Item 9 -A. Mr. Clerk, will you call roll. Roll Call: Bird yea; Borton, yea; Milam, yea; Cavener, absent ; Palmer, yea; Little Roberts, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: FIVE AYES. ONE ABSENT. Item 10: Future Meeting Topics De Weerd: Council, any topics for our future meeting agendas? Hearing none, I do have -- we have a couple of items coming up this week. The Chamber's Meridian City Council September 20, 2016 Page 58 of 58 send-off summer is on Thursday evening out in the City Hall Plaza from 5:00 to 8:30. 8:30. They are going to have food trucks and all kinds of activities, so, please, join Chamber members for the send-off to summer. I guess that's kind of sad, but it's going to be a nice activity in our downtown. The Treasure Valley Youth Summit -- Safety Summit is on Friday. If you want to experience the energy and enthusiasm and questions of 200 teens, we invite you down to Wahooz to hang out with us and 200 teens, so 8:00 to -- 8:00 to 3:00, 3:30, 1 believe. And, then, finally our final Youth Farmers Market is on Saturday. Would love to see your smiley faces down there and -- and thank the youth that hung in there to the last event and thank them for participating and encourage them to come back next year. So, with that said, I would entertain a motion to adjourn. Bird: So moved. Milam: Second. De Weerd: No second? I have a motion and a second to adjourn. All those in favor say aye. All ayes. MOTION CARRIED: FIVE AYES. ONE ABSENT. MEETING ADJOURNED AT 8:40 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) MAYO MM DE WEERD DATE APPROVED �QORHI CU.4 ATTE T: w C. 6AY CUE , CITY CLERK m E jD1gN 0ov SEAL ; / Changes to Agenda: None Item #813: Silverwater South (H-2016-0082) Application(s): ➢ Preliminary Plat Size of property, existing zoning, and location: This site consists of 12.08 acres of land, zoned R-8, located south of E. Victory Road & west of S. Locust Grove Road. History: This property was annexed with a DA & preliminary platted in 2006 as part of Tanana Valley Subdivision. In 2007, a new preliminary plat was approved for Cavanaugh Subdivision which included the subject property. Several time extensions have been approved for the plat. Since approval of the preliminary plat, individual parcels have been sold off and are now under many different ownerships and are being development separately rather than as a single master -planned project as intended. The subject developer is developing all of the property north of the Ridenbaugh Canal & east of Standing Timber Way. Because the previous preliminary plat depicted all of the site amenities for the overall development (north & south of the canal) to be provided on the north side of the canal, staff didn't feel it was reasonable to require this development to provide all of the amenities for the overall subdivision. Therefore, with the last time extension, staff required the remainder of the property to be re -subdivided and meet current development standards. Comprehensive Plan FLUM Designation: Approximately''/2 is designated MU -N with a N,C. overlay and the other''/2 MDR Summary of Request: The applicant proposes a new preliminary plat consisting of 48 building lots & 4 common area lots on 12,08 acres of land in the R-8 district in the same layout as shown on the previous preliminary plat. The minimum lot size is 6,827 s.f. with the average lot size being 8,698 s.f. The proposed density is 3.97 dwelling units/acre consistent with the MDR FLUM designation but below the density desired in MU -N designated areas. Access is proposed via internal local streets within the development. The applicant proposes 0.44 of an acre (or 3.65°/x) of qualified open space consisting of a 50'x 100'+ open space area, 6' wide parkways & micropath lots; and a pathway as a site amenity. In the overall development, which encompasses 54.14 acres of land, a total of 7.38 acres (or 13.63%) of qualified open space and a gazebo, basketball court, pathways and a tot lot will be provided as amenities. The applicant requests the overall common area is allowed to count toward that required with this development; staff is amenable to this request. Conceptual building elevations were submitted for the future homes within this development, Building materials appear to consist of a mix of horizontal lap siding and vertical board and batten siding with stone veneer/brick accents. Commission Recommendation: Approval Summary of Commission Public Hearing: i. In favor: Scott Wonders, Applicant's Representative ii. In opposition: None iii.Commenting: Nancy Buckley iv. Written testimony: Scott Wonders, Applicant's Representative (in agreement w/staff report) v. Key Issue(s): None Key issue(s) of Public Testimony: Concern of overdevelopment in Meridian and of school & roads not being able to support growth. Key Issue(s) of Discussion by Commission: None Commission Change(s) to Staff Recommendation: None Outstanding Issue(s) for City Council: None Written Testimony since Commission Hearing: None Notes: Possible Motions: Approval After considering all staff, applicant and public testimony, I move to approve File Number H-2016-0082, as presented in the staff report for the hearing date of September 27, 2016: (Add any proposed modifications to conditions) Denial After considering all staff, applicant and public testimony, I move to deny File Number H-2016-0082, as presented during the hearing on September 27, 2016, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Number H-2016-0082 to the hearing date of September 27, 2016 for the following reason(s): (You should state specific reason(s) for continuance.) Item #8C: Silverwater North (H-2016.0083) Application(s): ➢ Preliminary Plat Size of property, existing zoning, and location: This site consists of 4.12 acres of land, zoned R-8, located on the south side of E. Victory Road, west of S. Locust Grove Road. History: This property was annexed with a DA and preliminary platted in 2006 as part of Tanana Valley Subdivision. In 2007, a new preliminary plat was approved for Cavanaugh Subdivision which included the subject property; this property was intended to develop with a public school. Since that time, the School District decided they didn't need a school in this location and it was included as one large lot in Silverwater Subdivision No. 3 but the plat has not yet been recorded. Comprehensive Plan FLUM Designation: MU -N with a N.C. overlay Summary of Request: The proposed preliminary plat consists of 13 building lots and 1 common lot on 4.12 acres of land in the R-8 zoning district. The minimum lot size is 8,295 s.f. with an average lot size of 11,218 s.f. The proposed density is 3.16 d.u./acre which is below that desired in the MU -N designated area; however, because FLUM designation locations are conceptual and MDR designated land exists to the south, staff deems the proposed plat to be in substantial compliance with the Comprehensive Plan. Access to this development is proposed on the plat from E. Springloyd Street, an internal local street proposed to be constructed with Phase 3 of Silverwater Subdivision, by way of S. Mesa Road via E. Victory Road; or, via internal local streets from S. Standing Timber Way. Parkways are proposed along internal streets. Because this development is below 5 acres in size, qualified open space & site amenities are not required. Conceptual building elevations were submitted for the future homes within this development. Building materials appear to consist of a mix of horizontal lap siding and vertical board and batten siding with stone veneer/brick accents. Commission Recommendation: Approval Summary of Commission Public Hearing: i. In favor: Scott Wonders, Applicant's Representative ii. In opposition: None iii. Commenting: None iv. Written testimony: Scott Wonders, Applicant's Representative (in agreement w/staff report) v. Key Issue(s): Key issue(s) of Public Testimony: Concern of overdevelopment in Meridian and of school & roads not being able to support growth. Key Issue(s) of Discussion by Commission: None Commission Change(s) to Staff Recommendation: None Outstanding Issue(s) for City Council: None Written Testimony since Commission Hearing: None Notes: Possible Motions: Approval After considering all staff, applicant and public testimony, I move to approve File Number H-2016-0083, as presented in the staff report for the hearing date of September 27, 2016: (Add any proposed modifications to conditions) Denial After considering all staff, applicant and public testimony, I move to deny File Number H-2016-0083, as presented during the hearing on September 27, 2016, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Number H-2016-0083 to the hearing date of September 27, 2016 for the following reason(s): (You should state specific reason(s) for continuance. Item #8D: Little Creek (H-2016-0076) Application(s): ➢ Annexation ➢ Conditional Use Permit ➢ Preliminary Plat Size of property, zoning, and location: This site consists of 17 acres of land, zoned R-40, located at 1470 N. Locust Grove Road. History: This property was previously platted as lots in Pleasant Valley Subdivision. Comprehensive Plan FLUM Designation: HDR Summary of Request: The applicant proposes to annex 17 acres of land with an R-40 zoning district consistent with the HDR FLUM designation for this site. The proposed zoning and MFR use of the property is consistent with the MFR property to the east which is also zoned R-40 & provides a transition between the commercial uses to the north and the future mixed use development to the south (Pinebridge). A CUP is requested for a MFR development consisting of (51) 4-plex structures containing a total of 204 units in a proposed R-40 zoning district. A gross density of 12.87 units/acre with a net density of 16.68 units/acre is proposed which falls within the density range desired in MHDR designated areas of 8 to 15 units/acre which is below that of 15+ units/acre desired in HDR designated areas.. The proposed density will require approval of a "step" down in density from HDR to MHDR by City Council. The units consist of a mix of 2 & 3 bedroom units. Parking is provided on the site in excess of UDC standards. One building elevation was submitted for the multi -family structures. Staff recommends additional building types with a mix of colors and materials are provided for variety within the development as set forth in the Architectural Standards Manual. A preliminary plat is proposed consisting of 51 building lots & 3 common area lots on 15.85 acres of land. A phasing plan was submitted that shows 2 phases of development starting on the eastern portion of the site. The plat submitted w/this application depicts 2 accesses via Wilson Lane at the north boundary of the site w/no access via Locust Grove. Because congestion is currently a problem at this intersection for traffic accessing Locust Grove via Wilson, ACHD's traffic engineers determined a full access via Locust Grove would help to improve the situation rather than having all of the traffic flowing through Wilson; a TIS was submitted to ACHD for this project. A revised plat was submitted based on ACHD requirements. Staff supports the proposed accesses shown on the revised plat if Council approves a waiver to UDC 11-3A-3 for an access via an arterial street. A 25' wide landscape street buffer is required along Locust Grove Road. A total of 3.07 acres (or 19,36%) of qualified open space and site amenities consisting of half of the street buffer along Locust Grove Road, a 20 -foot wide linear open space area along Wilson Lane, common area where the clubhouse, swimming pool and tot lot is located and miscellaneous open grassy areas that are a minimum of 20'x 20' in area is proposed with this development which complies with UDC standards. A 10 -foot wide multi -use pathway is also proposed in accord with the Pathways Master Plan along the Settler's Canal. Because there is an existing common area that abuts the east boundary of this site in the adjacent multi -family development, staff recommends the open space (dog park) area proposed along the south side of Lots 20 & 21 to the north side of those lots which will provide a view corridor to the existing common area instead of "walling" it off with buildings. The Settler's Canal/Jackson Drain runs along the southern boundary of this site. Because it's a large facility, the applicant requests a waiver to UDC 11 -3A -6A.3 from City Council for the waterway to remain open and not be piped. Commission Recommendation: Approval Summary of Commission Public Hearing: i. In favor: Scott Wonders, Applicant's Representative ii. In opposition: None iii.Commenting: Nancy Buckley iv. Written testimony: Greg Ramp, Aire Inc.; Scott Wonders, Applicant's Representative (in agreement w/staff report) v. Key Issue(s): None Key issue(s) of Public Testimony: i. Concern of overdevelopment in Meridian and of school and roads not being able to support growth. ii. Traffic concerns at the Wilson Lane/Locust Grove Road intersection until Wilson is extended to the east in the future. Key Issue(s) of Discussion by Commission: i. Relocating the common area along the east boundary to the north side of the 4 residential structures so that it aligns better with the common area to the east; ii. Direct access via Locust Grove Road and traffic/congestion at the Wilson/Locust Grove intersection; iii. The pinwheel design of the structures with only one building type/footprint. iv. The Commission was in support of the applicant's request for a waiver to UDC 11-3A-6 to allow the Settlers Canal/Jackson Drain to remain open along the southern boundary of the site and not be piped. Commission Change(s) to Staff Recommendation: i. Modify DA provision #1.1.14 to not require more than one building type provided that structures are off -set 90 degrees from each other and a variety of at least 3 different color pallets are used. ii. Modify condition #1.1.3e to require the dog park (open space) to be relocated to the north side of Lots 18 and 19, Block 1 (shown as Lots 19 and 20, Block 1 on the revised plat). Outstanding Issue(s) for City Council: i. The applicant requests a waiver from City Council to UDC 11 -3A -6A.3 to allow the Settler's Canal/Jackson Drain to remain open and not be piped along the southern boundary of the site. Written Testimony since Commission Hearing: None Notes: Possible Motions: Approval After considering all staff, applicant and public testimony, I move to approve File Number H-2016-0076, as presented in the staff report for the hearing date of September 27, 2016: (Add any proposed modifications to conditions) Denial After considering all staff, applicant and public testimony, I move to deny File Number H-2016-0076, as presented during the hearing on September 27, 2016, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Number H-2016-0076 to the hearing date of September 27, 2016 for the following reason(s): (You should state specific reason(s) for continuance.) Item #9E: T -Mobile (H-2016-0091) Application(s): ➢ Development Agreement Modification Size of property, existing zoning, and location: This site consists of 4.642 acres of land, zoned L-0, and located at 1855 N. Black Cat Road. History: In 2005, this property was annexed and zoned (AZ -05-024) with a development agreement (DA) (Inst. 105164027). The recorded DA restricts the use of the site for a church. Comprehensive Plan FLUM Designation: LDR Summary of Request: The applicant requests a modification to the existing development agreement (DA) approved with the annexation for this property. The applicant proposes to modify Section 5, Conditions Governing Development of Subject Property, of the DA (Instrument No. 105164027) to allow the construction of a wireless communication facility. Specifically, the DA restricts the uses of the property to the existing church use and associated activities. For illustrative purposes, the applicant has submitted a site plan that depicts the location of the facility on the site. The type of facility that the applicant has proposed is called a slimline tower. In the L-0 district the wireless communication facility is a principally permitted use if it falls into one of several categories, of which slimeline facilities are included. The proposed slimline facility is subject to the specific use standards set forth in UDC 11-4-3-43. Final design of the facility and compliance with these standards will be verified with a certificate of zoning compliance application. Written Testimony: None Staff's Recommendation: Approval per the staff report Notes: Possible Motions: Approval After considering all staff, applicant and public testimony, I move to approve File Number H-2016-0091, as presented in the staff report for the hearing date of September 20, 2016: (Add any proposed modifications to conditions) Denial After considering all staff, applicant and public testimony, I move to deny File Number H-2016-0091, as presented during the hearing on September 20, 2016, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Number H-2016-0100 to the hearing date of September 20, 2016 for the following reason(s): (You should state specific reason(s) for continuance.) Item #9F: Knightsbridge Subdivision (H-2016.0088) Application(s): ➢ Annexation and Zoning ➢ Preliminary Plat Size of property, existing zoning, and location: This site consists of 5.15 acres of land, zoned RUT (Ada County), and is located at 3870 E. Victory Road. Adjacent Land Use & Zoning: North: Single-family residential properties in Sutherland Farm Subdivision, zoned R-4 East: Single-family residential zoned property, zoned RUT (Ada County). South: E. Victory Road; Single-family residential properties, zoned RUT (Ada County) West: Single-family residential zoned property, zoned RUT (Ada County). History: None Comprehensive Plan FLUM Designation: MDR Summary of Request: The applicant has applied for annexation and zoning of 5.15 acres of land with an R-4 zoning district. Staff believes the proposed zoning and density is consistent with the vision of the Comprehensive Plan. The proposed plat consists of seventeen (17) building lots and two (2) common lots on 5.15 acres of land. The R-4 zoning district is proposed for the development. The gross density for the subdivision is 3.30 d.u./acre. The average lot size is 9,218 square feet. There is an existing single family home on the site that will be demolished as part of this project. The home must be removed prior to obtaining City Engineer's signature on the final plat. The Master Street Map indicates a roundabout located at the intersection of S. Terri Drive and E. Victory Road. ACHD has indicated that they are in support of removing this from the Master Street map, but in order to do so, the applicant will need to request that from the ACHD Commission at a hearing to be scheduled in the future. ACHD is requiring that the applicant construct S Proud Way as one-half of a 36 -foot street section with curb, gutter, and 5 -foot wide concrete sidewalk within 50 -feet of right-of-way; plus 12 -feet of additional pavement beyond the centerline and 3 -foot wide gravel shoulder beyond the existing terminated roadway to the Proud Way/ Moon Dipper Street intersection. Sidewalks are required along all public streets as set forth in UDC 11-3A-17. The applicant proposes to construct 5 -foot wide detached sidewalks throughout the development and a 5 -foot wide detached sidewalk adjacent to E. Victory Road. The 8 -foot parkways are required to comply with UDC 11 -3A -17E. As submitted the applicant has not provided the required trees per the UDC. With the submittal of a final plat, the applicant must submit a revised landscape plan the meets the standard set forth in UDC 11 -3G -3B.5. A 25 -foot wide street buffer is required along E. Victory Road, an arterial street, per UDC Table 11-2A-5 and is required to be landscaped in accord with the standards listed in UDC 11 -3B -7C. The buffer shown on the landscape plan meets the requirements of the UDC however, because these are single common lots any fencing along said lots will have to be placed along the interior edge of the lot in accord with UDC 11-3B-7C2c Based on the area of the preliminary plat (5.15 acres), a minimum of 0.51 acres of qualified useable open space is required to be provided as set forth in UDC 11 -3A -3B. Based on the preliminary plat the applicant is proposing 0.53 acres which is 10.2% of the proposed development. Open space consists of 8 -foot parkways and two (2) passive open space lots (50' X 100') that include the required street buffer adjacent to Victory Road. Staff is concerned about the location of the proposed open space for the development. The majority of the proposed open space is adjacent to an arterial roadway that will be widened in the future and will become busier with future development in the area. The applicant is proposing what is essentially an extra -wide landscape buffer along E. Victory Road. The fencing requirements in the UDC require that fencing be installed on the interior edge of the common lot. The proposal by the applicant will essentially require anyone who uses the open space to recreate along an arterial roadway. In addition to the open space provided for this development, the applicant requests this property be allowed to be included in the open space and site amenities calculations for the Sutherland Farm development, and that the qualified open space and site amenities for the overall development be considered to cover this portion of the site as well. A total of 13.24 acres or 11.3% qualified open space has already been constructed within the Sutherland Farm development along with the following site amenities: a 3/4 mile regional pathway along the Ridenbaugh Canal, a 5.9 acre park, a 2.5 acre park, tot lots, a gazebo, swing set and horseshoe pits. The applicant has discussed incorporating the subject property into the Sutherland Farm Homeowner's Association (HOA) with the HOA; however, an official agreement has not yet been reached. The applicant is proposing to provide a "future large amenity" within Sutherland Farms existing 6 acre park. The applicant has not provided details of the proposed amenity proposed for the 6 acre park in the Sutherland Farms development as well as the time frame in which the amenity would be constructed. Because the applicant is proposing to be included in the Sutherland Farms HOA and to be subject the their CC&R's, staff supports the applicant's request provided that the Sutherland Farm HOA agrees to allow this property to be incorporated into their HOA. If not, staff recommends the plat is revised to provide the full 10% qualified open space and one site amenity on this site. If an agreement cannot be reached between the two parties, staff recommends that the applicant bifurcate the landscape buffer from the passive open space (Lot 1, Block 1 and Lot 7, Block 3) and create a more central open space lot that one amenity that Knightsbridge community can use and maintain that is not located adjacent to Victory Road. The applicant is proposing to construct detached single-family homes. The applicant has submitted 10 conceptual sample building elevations for future homes in this development, included in Exhibit A.4. Building materials appear to consist of a mix of horizontal lap siding, board and batten with stone accents. Staff is supportive of the proposed elevations. Written Testimony since Commission Hearing: Matt Schultz (applicant's representative) Commission Recommendation: Approval w/ conditions a, Summary of Commission Public Hearin: s 1 -n --favor: Matt Schultz (Applicant's Representative) ii. In opposition: None Hi i Commenting: William Bollar 1y- Written testimony: Matt Schultz (Applicant's representa_tiv_e_l L Staff presenting application: Josh Beach. Vii,. Other staff commenting on application: Bill Parsons b- Key issue(sl of Public Testimony: i Location of sewer and water as it relates to this development c, Key Issues of Discussion by Commis -Aon: v. Amenities for the development if included in Sutherland Farms HOA as well as amenities if not included in Sutherland Farms HOA. vi. Location of the open space might not be appropriate d. Commission Change(s)-to-Staff Recommendation: iii. Modify condition 1.1.1(C) as follows: If an agreement cannot be reached with the Sutherland Farm Homeowner's Association (HOA) to allow the subject property to be incorporated into the Sutherland Farm HOA�that prior to submitting a final plat application the applicant shall bifurcate the landscape uffer from the passive open space (Lot 1. Block 1 and Lot 7, Block 3) and create a more central ope space lot and include one (1) site amenity in accord with the standards listed in UDC 11-3G1 e Outstanding Issues) for City Council i. None Notes: Possible Motions: Approval After considering all staff, applicant and public testimony, I move to approve File Number H-2016-0088, as presented in the staff report for the hearing date of September 20, 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-2016-0088, as presented during the hearing on September 20, 2016, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Number H-2016-0088 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance) Item #9G: Paisley Meadows (H-2016-0089) Application(s): ➢ Preliminary Plat Size of property, existing zoning, and location: This site consists of 20.18 acres of land, zoned R-4, located at 2180 E. Amity Road. Adjacent Land Use & Zoning: North: Residential properties in the Bellingham Park Subdivision, zoned R-8 East: Rural residential/agricultural property, zoned RUT (Ada County) South: E. Amity Road; Rural residential/agricultural property, zoned RUT (Ada County) West: Single-family residential properties in the Estancia Subdivision, zoned R-4 History: 1. In 2006, the property was granted annexation and zoning (AZ -06-042) and a preliminary plat (PP -06-044) for 62 single-family lots and 9 common lots on 20.18 acres of land in the R-8 zoning district (Cottswald Village). 2. In 2008, the property was granted final plat approval for 19 single-family residential lots and 7 common lots on 6.78 acres of land in the R-8 zoning district. This plat has subsequently expired. Comprehensive Plan FLUM Designation: LDR Summary of Request: The proposed plat consists of 75 building lots, and 6 common lots. The plat is proposed to develop in two phase. This property is designated "Low Density Residential" on the Comprehensive Plan Future Land Use Map. Low density residential areas are anticipated to contain single family residences at densities up to three dwelling units per acre. The proposed Preliminary Plat includes 75 residential building lots on 20.18 acres for a gross density of 3.72 dwelling units/acre. The gross density is slightly above density outlined in the Comprehensive Plan but it comports with the maximum density requirements of the R-4 district. The average lot size within the development is 8,408 square feet (s.f,). The applicant indicated in the application that the minimum home size for the development would be 1,200 s.f., however UDC 11-2A-5 requires a minimum of 1,400 s.f., with multi -story building having a minimum 800 s.f. on the ground floor. There is an existing home and outbuildings on this site. The home is proposed to be removed. Development of this site is required to comply with the dimensional standards listed in UDC Table 11-2A-5 for the R-4 district and UDC 11-2A-3. Staff has reviewed the proposed plat and found it to be in compliance with these standards. ACHD did not require a TIS for this development. Access to this site is currently provided via E. Amity Road, an arterial street. This access will be terminated with the development of the proposed subdivision. The plat as submitted does not depicted direct lot access in accord with UDC 11-3A-3. Access is proposed from S. Rangewood Way, and E. Melwood Street, both local residential streets. ACHD in an email received on August 17th indicated that there is potential to allow for construction access to enter the site from Amity. The applicant has worjed with ACHD and has some information to share in that regard, I'll let the applicant discuss that. E. Melwood Street and S. Rangewood Way are stubbed to the site. The applicant is also proposing to stub to the property to the east (parcel #S1121336840). Staff is supportive of the street layout prosect for this development. A 25 -foot wide street buffer (measured from the back of curb) is required along E. Amity Road, a residential arterial street, per UDC Table 11-2A-5 and shall be landscaped in accord with the standards listed in UDC 11-313-7C. A 35+ foot wide buffer is proposed. A 10 -foot wide compacted gravel shoulder meeting the construction standards of the transportation authority and landscaping (lawn or other vegetative groundcover) is required along E. Amity Road in accord with UDC 11 -3B -7C.5. . A minimum of 10% qualified open space is required to be provided for this development in accord with UDC 11 -3G -3A.1. Based on the area of the preliminary plat (20.18 acres), a minimum of 2.01 acres of qualified open space is required to be provided as set forth in UDC 11 -3A -3B. A total of 10.01% of qualified open space is proposed consisting of 1/2 the street buffer along E. Amity Road, the micropath lot, drainage lot and internal common open space area comply with this requirement. The applicant proposes to provide a tot lot within the central common area on Lot 16, Block 2, and pathways through internal common areas in accord with this requirement. Sidewalks are required along all public streets as set forth in UDC 11-3A-17. A minimum 5 -foot wide detached sidewalk is required along E. Amity Road as depicted on the landscape plan. The applicant has submitted nine pictures of typical sample building elevations for future homes in this development. Building materials appear to consist of a mix of horizontal shake siding with stone accents. Because homes on lots that back up to E. Amity Road will be highly visible, staff recommends the rear or sides of structures on lots that face E. Amity Road (Lots 10, 12, 21 and 22, Block 5) incorporate articulation through changes in materials, color, modulation, and architectural elements (horizontal and vertical) to break up monotonous wall planes and roof lines. Written Testimony since Commission Hearing: Jerri Tiebel, Amy Shinsel, Ross Erickson (applicant's representyative) a. Summary of Commission Public Hearin: i In favor: Ross Erickson (Applicant's Representative) ii . In on_nositiion: None iiiCommenting: Crystal Dickerson, Amy Shinsel, Jared Perry, John Walker, Earl Griffin, Clarissa Amos, Annie Moore, Michael Thompson, Peter Thompson, Laura Dahl, Russ Damya iY, Written testimony: Ross Erickson (Applicant's representative) Y, Staff presenting application: Josh Beach, Yis Other staff commenting on application: Bill Parsons. Ted Baird b- Key issue(s)of Public Testimony: i Lack of direct access to Amity Road ii. Safety of children on Wrightwood Drive with the increased traffic from the proposed developmen iii. Concern over a lack of amenities iy. Why a traffic impact study was not required for the proposed development Y, Where construction traffic will be directed YL Public notification was inadequate based on the impact to the surrounding neighborhoods vii. Timing of a construction entrance off of Amity Road -, Key Issues of Discussion by Commission: vii. Traffic on Wrightwood and the speed of cars on that road viii. Direct connection to Amity will be from the parcel to the east once it develop& ix. The additional home might make Wrightwood eligible for some traffic calming measures x. Designated signs that require construction to use a construction entrance off of Amity Road. xi. Timing of the removal of a construction entrance and who would use the entrance. Commission Change(s) to Staff Recommendation: i Add condition 1.1.8 as follows: That pending the approval of ACHD, that signs saying "Noi construction Traffic" be placed at the corner of Locust Grove and Wrightwood, the dead end of Rangewood, and at the entrance to Estancia off of Amity Road. ii Add condition 1.1.9 as follows: Pending approval of ACHD, a temporary -cons truction access shall be built off of Amity Road, and that all construction vehicles shall use the temporary- construction access, iii Add condition 1.1.10 as follows: A landscape surety shall be put into place for removal of the construction entrance and the temporary construction entrance shall be removed prior to signature on the final plat for phase two of the proposed development. iY, Add condition 1.1.11 as follows: Prior to the City Council hearing, the applicant shall provide details of he location of the temporary access as well as have final information from ACHD as far as any conditions for use of the tem) o� raty access. Lf Outstanding Issue(s) for City Council i. i c n Notes: Possible Motions: Approval After considering all staff, applicant and public testimony, I move to approve File Number H-2016-0089, as presented in the staff report for the hearing date of September 20, 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-2016-0089, as presented during the hearing on September 20, 2016, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Number H-2016-0089 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance) City Council Meeting September 20, 2016 Item #8B: Silverwater South Vicinity/Zoning Map 33 6 7 595 683 3326 3338 700 629 3312 3132 855 1284 1579 3523 75 7 481 678 692 1290 459 3639 437 1433 3557 3424 976 1650 824 1274 34 1 4 437 3456 3155 701 3265 3345 3430 3372 331273 8 3199 566 1052 1313 3322 733 3261 812 779 756 71 9 3363 74 5 3422 3240 792 1161 670 79 3 661 669 3338 3192 560 1204 3318 12 7 1 3300 1488 509 709 3343 3278 3419 776 1254 1297 685 3302 3408 553 70 2 1302 3505 3306 1296 32 8 3 1256 3260 3603 3149 1280 760 836 1222 2990 581 3496 1265 3433 3378 3264 1416 1359 3488 1272 1371 645 16 3 6 741 653 3481 638 3245 1285 838 3373 1245 1624 1176 76 2 3251 1323 3246 3275 3042 3362 725 3058 3357 3164 3432 662 3389 1452 3580 3309 78 8 3101 71 6 3410 3472 567 492 3512 3501 3406 1422 3046 1186 439 3480 485 732 3318 728 3311 1272 3545 613 3115 3360 1484 760 72 8 1314 880 3181 3488 75 2 3350 3465 1238 784 78 1 655 3506 764 3407 581 32 8 2 1375 3324 12 3 4 1596 1665 668 546 1157 1287 840 78 3 77 4 77 6 716 611 3103 796 3364 914 1265 3094 1397 3086 3449 3303 998 1449 598 3314 1332 1377 13281030 76 4 3301 71 1 1503 1240 3086 827 78 6 76 3 3381 1419 1216 466 2962 468 3524 699 1305 3268 12 2 5 817 3591 77 1 537 3373 12 7 8 3042 31 1 1 71 4 3398 74 0 3374 3051 500 432 3401 3329 3325 1380 597 3138 1341 1570 3253 539 677 75 0 3540 3336 1224 3288 461 2984 3521 3264 3399 1239 1252 1370 3456 2940 464 3137 1553 630 748 635 1193 798 3187 73 5 1210 883 659 2978 3307 728 624 1280 1246 1487 3063 3336 1230 1400 1206 1354 3290 3350 3335 3175 488 3085 3315 3302 3070 894 574 1345 770 712 76 9 817 532 3030 1648 826 1358 852 1468 1350 3301 3325 3417 3385 74 9 742 3280 1476 1386 1275 1168 3569 2955 895 448 627 693 744 490 714 456 859 548 1444 646 616 757 765 694 3460 1263 3088 781 3313 1296 70 4 3006 33 1 8 72 6 463 72 1 684 3275 690 3409 3402 12 8 7 1231 1296 3161 442 73 3 70 9 3114 874 810 1279 1307 3384 670 3022 1254 1340 3336 1299 672 687 648 1312 3277 3528 3224 3247 773 1300 3397 1319 3327 33 1 9 3421 3010 2978 70 3 3291 3357 1618 749 3321 1384 34 1 5 1154 1527 1150 3386 1241 514 3440 1465 1408 1546 3273 3470 3341 602 3371 3354 536 3308 717 3313 3150 1233 1466 3406 1289 1460 3330 339033 7 6 3126 1635 1263 3289 470 1198 1241 3084 798 700 3327 866 801 1319 1268 1560 L-O RUT RUT TN-R R-8 RUT R-8 R-4 E Victory Rd S L o c u s t G r o v e R d S G l a c i e r B a y W a y E Whiskey Flats St S C a e s a r Av e S B r i g h a m Av e S P o m p e i A v e E Whiskey Flats St E BoardwalkRow Dr E Pienza St E Sagemoor St E Ionia Dr E Ionia St E Sagemoor Dr E Forest Ridge Ct S A n d r o s A v e S A s c a i n o W a y S A s c a i n o A v e E Fallingbranch Ct E Springloyd St S S a r t e a n o A v e S G l a c i e r B a y A v e E Italy St S A s c a i n o A v e S G l a c i e r B a y A v e E Observation Dr S C a n n o n W a y E Oakbrook C t E Fallingbranch Dr S N o v a r a W a y E Observation St EForest Ridge Dr E Pistioa Dr S B a i l e y W a y S D a y b r e a k A v e S S t a n d i n g T i m b e r W a y S S t a n d i n g T i m b e r W a y S M e s a W a y E Gannett Dr S D a y b r e a k A v e S G l a c i e r Bay Way S A n d r o s W a y S P o m p e i A v e S M u r l o W a y KING'S CONGREGATION CHURCH CABELLA CREEK CAVANAUGH - OLD TANANA VALLEY TRADEWINDS SUBDIVISION NO.1 SICILY GLACIER SPRINGS SHERBROOKE HOLLOWS NO 4 OBSERVATION POINT SAGELAND TUSCANY VILLAGE NO 01 TUSCANY VILLAGE NO 02 TUSCANY LAKES NO 01ROSELEAF NO 01 ROSELEAF NO 02 CAVANAUGH NO 02 - OLD TANANA VALLEY CAVANAUGH NO.1 SHAY'S COVE SUBDIVISION RED WING SUBDIVISION TRADEWINDS SUBDIVISION NO. 2 SILVERWATER NO. 2 SILVERWATER NO. 3 E. Victory Rd. S . L o c u s t G r o v e R d . Preliminary Plat Landscape Plan Conceptual Building Elevations Item #8C: Silverwater North Vicinity/Zoning Map 33 6 7 595 683 3326 3338 700 629 3312 3132 855 1284 1579 3523 75 7 481 678 692 1290 459 3639 437 1433 3557 3424 976 1650 824 1274 34 1 4 437 3456 3155 701 3265 3345 3430 3372 331273 8 3199 566 1052 1313 3322 733 3261 812 779 756 71 9 3363 74 5 3422 3240 792 1161 670 79 3 661 669 3338 3192 560 1204 3318 12 7 1 3300 1488 509 709 3343 3278 3419 776 1254 1297 685 3302 3408 553 70 2 1302 3505 3306 1296 32 8 3 1256 3260 3603 3149 1280 760 836 1222 2990 581 3496 1265 3433 3378 3264 1416 1359 3488 1272 1371 645 16 3 6 741 653 3481 638 3245 1285 838 3373 1245 1624 1176 76 2 3251 1323 3246 3275 3042 3362 725 3058 3357 3164 3432 662 3389 1452 3580 3309 78 8 3101 71 6 3410 3472 567 492 3512 3501 3406 1422 3046 1186 439 3480 485 732 3318 728 3311 1272 3545 613 3115 3360 1484 760 72 8 1314 880 3181 3488 75 2 3350 3465 1238 784 78 1 655 3506 764 3407 581 32 8 2 1375 3324 12 3 4 1596 1665 668 546 1157 1287 840 78 3 77 4 77 6 716 611 3103 796 3364 914 1265 3094 1397 3086 3449 3303 998 1449 598 3314 1332 1377 13281030 76 4 3301 71 1 1503 1240 3086 827 78 6 76 3 3381 1419 1216 466 2962 468 3524 699 1305 3268 12 2 5 817 3591 77 1 537 3373 12 7 8 3042 31 1 1 71 4 3398 74 0 3374 3051 500 432 3401 3329 3325 1380 597 3138 1341 1570 3253 539 677 75 0 3540 3336 1224 3288 461 2984 3521 3264 3399 1239 1252 1370 3456 2940 464 3137 1553 630 748 635 1193 798 3187 73 5 1210 883 659 2978 3307 728 624 1280 1246 1487 3063 3336 1230 1400 1206 1354 3290 3350 3335 3175 488 3085 3315 3302 3070 894 574 1345 770 712 76 9 817 532 3030 1648 826 1358 852 1468 1350 3301 3325 3417 3385 74 9 742 3280 1476 1386 1275 1168 3569 2955 895 448 627 693 744 490 714 456 859 548 1444 646 616 757 765 694 3460 1263 3088 781 3313 1296 70 4 3006 33 1 8 72 6 463 72 1 684 3275 690 3409 3402 12 8 7 1231 1296 3161 442 73 3 70 9 3114 874 810 1279 1307 3384 670 3022 1254 1340 3336 1299 672 687 648 1312 3277 3528 3224 3247 773 1300 3397 1319 3327 33 1 9 3421 3010 2978 70 3 3291 3357 1618 749 3321 1384 34 1 5 1154 1527 1150 3386 1241 514 3440 1465 1408 1546 3273 3470 3341 602 3371 3354 536 3308 717 3313 3150 1233 1466 3406 1289 1460 3330 339033 7 6 3126 1635 1263 3289 470 1198 1241 3084 798 700 3327 866 801 1319 1268 1560 L-O RUT RUT TN-R R-8 RUT R-8 R-4 E Victory Rd S L o c u s t G r o v e R d S G l a c i e r B a y W a y E Whiskey Flats St S C a e s a r Av e S B r i g h a m Av e S P o m p e i A v e E Whiskey Flats St E BoardwalkRow Dr E Pienza St E Sagemoor St E Ionia Dr E Ionia St E Sagemoor Dr E Forest Ridge Ct S A n d r o s A v e S A s c a i n o W a y S A s c a i n o A v e E Fallingbranch Ct E Springloyd St S S a r t e a n o A v e S G l a c i e r B a y A v e E Italy St S A s c a i n o A v e S G l a c i e r B a y A v e E Observation Dr S C a n n o n W a y E Oakbrook C t E Fallingbranch Dr S N o v a r a W a y E Observation St EForest Ridge Dr E Pistioa Dr S B a i l e y W a y S D a y b r e a k A v e S S t a n d i n g T i m b e r W a y S S t a n d i n g T i m b e r W a y S M e s a W a y E Gannett Dr S D a y b r e a k A v e S G l a c i e r Bay Way S A n d r o s W a y S P o m p e i A v e S M u r l o W a y KING'S CONGREGATION CHURCH CABELLA CREEK CAVANAUGH - OLD TANANA VALLEY TRADEWINDS SUBDIVISION NO.1 SICILY GLACIER SPRINGS SHERBROOKE HOLLOWS NO 4 OBSERVATION POINT SAGELAND TUSCANY VILLAGE NO 01 TUSCANY VILLAGE NO 02 TUSCANY LAKES NO 01ROSELEAF NO 01 ROSELEAF NO 02 CAVANAUGH NO 02 - OLD TANANA VALLEY CAVANAUGH NO.1 SHAY'S COVE SUBDIVISION RED WING SUBDIVISION TRADEWINDS SUBDIVISION NO. 2 SILVERWATER NO. 2 SILVERWATER NO. 3 E. Victory Rd. S . L o c u s t G r o v e R d . Preliminary Plat Landscape Plan Conceptual Building Elevations Item #8D: Little Creek Zoning/Vicinity Map Original Site Plan Revised Preliminary Plat & Phasing Plan (per ACHD’s Requirements) Open Space Exhibit Landscape Plan Item #8E: T-Mobile Zoning Map Site Plan Tower Elevation ►5. Conditions Governing Development of Subject Property: 5.1 “Owners” and/or “Developer” shall develop the “Property” in accordance with the following special conditions: ►5.1.1 That the following be the only allowed uses on this property: churches, their associated uses and wireless communication facilities. Item #8F: Knightsbridge Subdivision Zoning Map Site Plan Landscape Plan Southerland Farms Building Elevations Item #8G: Paisley Meadows Subdivision Zoning Map Site Plan Phasing Plan Landscape Plan Building Elevations Meridian City Council Meeting DATE: September 20, 2016 ITEM NUMBER: 5A PROJECT NUMBER: ITEM TITLE: Minutes of September 6 Approve Minutes of September 6, 2016 City Council Meeting MEETING NOTES C✓i 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 September 6, 2016 Page 27 of 27 Bird: So moved. Borton: Second. De Weerd: I have a motion and a second. All those in favor say aye. All ayes. Motion carried: MOTION CARRIED: ALL AYES. De Weerd: Do I have a motion to adjourn? Bird: So moved. Borton: Second. De Weerd: All those in favor? Palmer: No. De Weerd: No? Motion passes nonetheless. MOTION CARRIED: FIVE AYES. ONE NAY. MEETING ADJOURNED AT 8:09 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) MAYOR TAAVll'OIY DE WEERD ATTEST`'' zi�6z JAY S, CITY CLERK q/?o/16 DATE APPROVED PQoRPI t u Ali 00001GO � ty or 0 �-�►'1 ECIIDIAN�. Z IDAHO L6 SEAL A,/ Meridian City Council Meeting DATE: September 20, 2016 ITEM NUMBER: 5B PROJECT NUMBER: ITEM TITLE: Addendum No. 14 to Boise City Prosecutorial Agreement MEETING NOTES c✓i 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 EXHIBIT "A" ADDENDUM NO. 14 TO AGREEMENT FOR CITY PROSECUTOR/CRIMINAL LEGAL SERVICES DATED NOVEMBER 1, 2002 This addendum No. 14 is entered into this j.,j day of S,t, b,r, 2016 by and between the City of Meridian (hereinafter referred to as "Meridian"), and the City of Boise, (hereinafter referred to as 'Boise"), for the purpose of amending and extending an Agreement for City Prosecutor/Criminal Legal Services dated November 1, 2002. Whereas, on November 1, 2002 Meridian and Boise entered into an agreement for Boise to provide certain prosecutorial/criminal legal services to Meridian; and Whereas, the agreement was extended and modified by Addendums approved in 2003, 2004, 2005, 2006, 2007, 2008, 2009, 2010, 2011, 2012, 2013, 2014, 2015, 2016; and Whereas, Meridian and Boise desire to modify certain terms of the agreement related to the amount of payment; and Whereas, Meridian and Boise desire to extend the agreement as modified for an additional one (1) year term. Now, therefore, in consideration of the foregoing, Meridian and Boise agree to amend that certain Agreement for City Prosecutor/Criminal Legal Services dated November 1, 2002 as follows: 1. That Section 4 of the Agreement is hereby modified to read as follows: 4. PAYMENT FOR SERVICES. Meridian agrees to pay Boise for services rendered pursuant to the terms of this Agreement as follows: 4.1 As compensation for all Primary Legal Services, including all out-of-pocket expenses incurred by Boise in performing the Primary Legal Services, Meridian shall pay Boise the total surn of twenty- n i n e thousand one hundred two dollars and forty-two cents ($29,102.42) per month, with the annual total cost of three hundred forty-nine thousand two hundred and twenty-nine dollars ($349,229). 4.1.1 Payment of Primary Legal Services shall be paid by Meridian to Boise on or before the 201h day of the following month. 4.1.2 Boise shall provide Meridian with a monthly itemized invoice of all services performed at the request of Meridian beyond the Primary Legal Services (including all out-of-pocket expenses). Provided the invoice is received by the 5th of the month, Meridian shall remit payment to Boise by the first business day of the following month. Meridian Addendum No. 14 Page 1 2. That section 9 of the Agreement is hereby modified to read as follows: POSSIBLE EXTENSION OF TERM OF AGREEMENT. The parties mutually agree to renew or extend the term of this Agreement, as provided in the Contract Extension — FY -2017, attached hereto as Exhibit `B" 3. Except as modified by this Addendum No. 14, the original Agreement for City Prosecutor/Criminal Legal Services between the City of Meridian and the City of Boise dated November 1, 2002, which incorporates Addendums Nos. 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11,12, and 13 shall remain in full force and effect. IT IS SO AGREED. IN WITNESS WHEREOF, the parties have executed this Addendum No. 14 on this _ day of kHem 6& , 2016. CITY OF MERIDIAN BY: Mayor am y de Weerd CITY OF BOISE BY: Mayor David Bieter Meridian Addendum No. 14 Page 2 "10101TED gUCGS T 2G � 01� �r W B IDIANt- -+ 1DANO SEAL ATTEST: BY: - ty Cle -01.-Xy cztq ATTEST: BY: Lynda Lowry, Ex - Officio City Clerk Meridian City Council Meeting DATE: September 20, 2016 ITEM NUMBER: PROJECT NUMBER: H-2016-0103 ITEM TITLE: Hill's Century Farm No. 5 Final Order for Hill's Century Farm No. 5 (H-2016-0103) by Brighton Investments, LLC Located on the East Side of S. Eagle Road, approximately IA Mile North of E. Lake Hazel Road. 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 BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE ) REQUEST FOR FINAL PLAT ) CONSISTING OF FORTY EIGHT ) (48) BUILDING LOTS AND EIGHT ) (8) COMMON AREA LOTS ON ) 12.48 ACRES IN THE R-8 ZONING ) DISTRICT FOR HILL'S CENTURY ) FARM SUBDIVISON NO.5 ) BY: BRIGHTON INVESTMENTS, ) LLC ) APPLICANT ) L HEARING DATE: SEPTEMBER 6, 2016 CASE NO. H-2016-0103 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT This matter coming before the City Council on September 6, 2016 for final plat approval pursuant to Unified Development Code (UDC) 11-6B-3 and the Council finding that the Administrative Review is complete by the Planning and Development Services Divisions of the Community Development Department, to the Mayor and Council, and the Council having considered the requirements of the preliminary plat, the Council takes the following action: IT IS HEREBY ORDERED THAT: 1. The Final Plat of "PLAT SHOWING HILL'S CENTURY FARM SUBDIVISION PHASE 5, LOCATED IN A PORTION OF THE NW 'A OF THE SW %, SECTION 33, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, CITY OF MERIDIAN, ADA COUNTY, IDAHO, 2016, HANDWRITTEN DATE: 7/26/2016, by AARON L. BALLARD, PLS, SHEET 1 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR HILL'S CENTURY FARM SUBDIVISION NO. 5 (H-2016-0103) Page 1 of 3 OF 4," is conditionally approved subject to those conditions of Staff as set forth in the staff report to the Mayor and City Council from the Planning and Development Services divisions of the Community Development Department dated September 9, 2016, a true and correct copy of which is attached hereto marked "Exhibit A" and by this reference incorporated herein, and the response letter from Van Elg, Brighton Corporation, a true and correct copy of which is attached hereto marked "Exhibit B" and by this reference incorporated herein. 2. The final plat upon which there is contained the certification and signature of the City Clerk and the City Engineer verifying that the plat meets the City's requirements shall be signed only at such time as: 2.1 The plat dimensions are approved by the City Engineer; and 2.2 The City Engineer has verified that all off-site improvements are completed and/or the appropriate letter of credit or cash surety has been issued guaranteeing the completion of off-site and required on-site improvements. NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAKINGS ANALYSIS The Applicant is hereby notified that pursuant to Idaho Code § 67-8003, the Owner may 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. ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR HILL'S CENTURY FARM SUBDIVISION NO.5 (H-2016-0103) Page 2 of 3 Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521. An affected person being a person who has an interest in real property which may be adversely affected by this decision may, within twenty- eight (2 8) days after the date of this decision and order, seek a judicial review pursuant to Idaho Code§ 67-52. By action of the City Council at its regular meeting held on the day of By: AUG Tammy deW e or, City Meridian Attest: (11Y of w A�A -4 E IDIAN�-�- IDAh10 CA -ay Co �� SEAL �`� City Clerk 2rFA / Copy served upon the Applicant, Planning and Development Services Divisions of the Community Development Department and City Attorney. By: , "lam 4fiW- Dated: q--)'1 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR HILL'S CENTURY FARM SUBDIVISION NO. 5 (H-2016-0103) Page 3 of 3 EXHIBIT A Hill’s Century Farm Subdivision No. 5– FP H-2016-0103 PAGE 1 STAFF REPORT MEETING DATE: September 6, 2016 TO: Mayor and City Council FROM: Sonya Allen, Associate City Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: Hill’s Century Farm Subdivision No. 5 – FP H-2016-0103 I. APPLICATION SUMMARY The applicant, Brighton Investments, LLC, has applied for a final plat (FP) consisting of 48 building lots and 8 common area lots on 12.48 acres of land in an R-8 zoning district. This is the fifth phase of development of Hill’s Century Farm Subdivision. II. STAFF RECOMMENDATION Staff recommends approval of the Hill’s Century Farm Subdivision No. 5 final plat based on the analysis provided below in Section V. III. PROPOSED MOTION Approval I move to approve File Number H-2016-0101, as presented in the staff report for the hearing date of September 6, 2016, with the following modifications: (Add any proposed modifications.) Denial I move to deny File Number H-2016-0101, as presented during the hearing on September 6, 2016, for the following reasons: (You should state specific reasons for denial.) Continuance I move to continue File Number H-2016-0101 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance.) IV. APPLICATION AND PROPERTY FACTS A. Site Address/Location: The subject property is generally located on the east side of S. Eagle Road, approximately ¼ mile north of E. Lake Hazel Road, in the southwest ¼ of Section 33, T. 3N., R. 1E. B. Applicant: Brighton Investments, LLC 12601 W. Explorer Drive, Ste. 200 Boise, ID 83713 C. Owner: Same as applicant EXHIBIT A Hill’s Century Farm Subdivision No. 5– FP H-2016-0103 PAGE 2 D. Representative: Van Elg, Brighton Corporation 12601 W. Explorer Drive, Ste. 200 Boise, ID 83713 V. STAFF ANALYSIS The proposed final plat depicts 48 single-family residential building lots and 8 common lots on 12.48 acres of land in an R-8 zoning district. The minimum property size in this phase is 5,938 square feet (s.f.) with an average size of 6,936 s.f. A segment of the City’s regional pathway system along the Ten Mile Creek and internal micro-paths are included as amenities in this phase. The pedestrian bridge over the creek that will provide residents on the east side of the creek access to the regional pathway on the west side of the creek should be constructed in the future with development of the phase that aligns with the pathway in Lot 1, Block 17 (shown on the phasing plan as Phase 7). All of the lots proposed in this phase are for single-family detached homes and must comply with the dimensional standards of the R-8 zoning district listed in UDC Table 11-2A-6. Staff has reviewed the proposed plat and found it in compliance with the aforementioned dimensional standards. Staff has reviewed the proposed final plat for substantial compliance with the approved preliminary plat in accord with the requirements listed in UDC 11-6B-3C.2. The number of buildable lots has decreased by two (2) in Block 17 and the common area has subsequently increased in Lot 1, Block 17. Therefore, staff deems the proposed final plat in substantial compliance with the approved preliminary plat. VI. SITE SPECIFIC CONDITIONS 1. Prior to City Engineer signature on the final plat, the applicant shall remove all existing structures on the site. 2. The applicant shall construct all proposed fencing and/or any fencing required by the UDC, consistent with the standards as set forth in UDC 11-3A-7 and 11-3A-6B. 3. The rear or side of structures on Lots 14-21, Block 6 that face S. Eagle Road, shall incorporate articulation through changes in materials, color, modulation, and architectural elements (horizontal and vertical) to break up monotonous wall planes and roof lines per requirement of the development agreement. 4. The Ten Mile Creek, a natural waterway, is required to be left open as a natural amenity and not be piped or otherwise covered. 5. The final plat prepared by KM Engineering, stamped on 7/26/2016 by Aaron L. Ballard shall be revised as follows: a. Correct note #5 as follows, “Lots 1, 13 and 26, Block 6, Lots 8 and 17, Block 11, Lots 1 and 14, Block 17 and Lots 1 and 10, Block 1816 are common lots. . .” b. Note #13: Include recorded instrument number. c. Modify note #18 to correctly reflect all of the storm drainage easements depicted on the landscape plan. d. Note #17: Consider adding: “unless otherwise dimensioned”. As currently worded, the side lot line of Lot 14, block 6 will have a 10-foot wide easement for Public Utilities, Homeowner’s Association Pressurized Irrigation and Lot Drainage. If no utilities are present along this line that would justify the 10-foot easement, you could graphically depict a 5-foot wide easement. EXHIBIT A Hill’s Century Farm Subdivision No. 5– FP H-2016-0103 PAGE 3 6. The landscape plan prepared by KM Engineering, dated 8/1/2016, shall be revised prior to signature on the final plat by the City Engineer as follows: a. Stormwater swales in required landscape areas are required to be vegetated with grass or other appropriate materials; gravel, rock, sand or cobble are not permitted on the surface unless designed as a dry creek bed or other design feature, per UDC 11-3B-11C. b. Depict the storm drainage areas consistent with those depicted on the plat. c. Depict vegetative groundcover within the parkways. d. Where storm drainage easements exist in the parkways that preclude trees from being planted, depict the required trees within the adjacent building lot; include a note that states such. e. If the unimproved street right-of-way is 10 feet or greater from the edge of pavement to edge of sidewalk or property line, the developer shall maintain a 10-foot wide compacted shoulder meeting the construction standards of the transportation authority and landscape the remainder with lawn or other vegetative ground cover, per UDC 11-3B-7C.5; revise accordingly. f. Include a minimum of one (1) tree along the micropath in Lot 1, Block 17 along the north boundary of this phase in accord with UDC 11-3B-12C. g. Depict 4-foot tall bollard style or other appropriate lighting source along the regional pathway along the Ten Mile Creek; include a detail of the light fixture. Or, request a waiver from the Director as allowed by UDC 11-3A-8H. 7. Future development shall be generally consistent with the conceptual building elevations included in the development agreement. 8. Install a sign at the end of S. Tindaris Avenue at the south boundary of the subdivision that states the street will be extended in the future. VII. ONGOING CONDITIONS OF APPROVAL 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 11-3B-13 and UDC 11-3B-14. 2. All common open space and site amenities shall be maintained by an owner's association as set forth in UDC 11-3G-3F1. 3. The project is subject to all current City of Meridian ordinances and previous conditions of approval associated with this site (AZ-14-012, Development Agreement #2015-003138; PP-14- 014). 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. 5. The applicant shall have an ongoing obligation to maintain all pathways. 6. The applicant has a continuing obligation to comply with the outdoor lighting provisions as set forth in UDC 11-3A-11. 7. The applicant and/or property owner shall have an ongoing obligation to maintain all landscaping and constructed features within the clear vision triangle consistent with the standards in UDC 11- 3A-3. EXHIBIT A Hill’s Century Farm Subdivision No. 5– FP H-2016-0103 PAGE 4 8. Future homes constructed within this development shall be generally consistent with the conceptual building elevations included in the development agreement. VIII. PROCESS CONDITIONS OF APPROVAL 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. 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. 3. The applicant shall obtain approval for all successive phases of the preliminary plat within two years of the signature of the City Engineer on the previous final plat as set forth in UDC 11-6B- 7B or obtain approval of a time extension as set forth in UDC 11-6B-7. 4. Upon installation of the landscaping and prior to inspection by Planning Division staff, the applicant shall provide a written certificate of completion as set forth in UDC 11-3B-14A. 5. The applicant shall pay any applicable impact fees prior to the issuance of a building permit. IX. GENERAL REQUIREMENTS 1. Sanitary sewer service to this development is available via extension of existing mains adjacent to the development. The applicant shall install mains to and through this subdivision; applicant shall coordinate main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2. Water service to this site is available via extension of existing mains adjacent to the development. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. 3. 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 (ACHD) and the Final Plat for this subdivision shall be recorded, prior to applying for building permits. 4. 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. 5. A letter of credit or cash surety in the amount of 110% will be required for all incomplete fencing, landscaping, amenities, pressurized irrigation, prior to signature on the final plat. 6. The City of Meridian requires that the owner post with the City a performance surety in the amount of 125% of the total construction cost for all incomplete sewer, water 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 applicant shall be required to enter into a Development Surety Agreement with the City of Meridian. 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. 7. 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, and water infrastructure for a duration EXHIBIT A Hill’s Century Farm Subdivision No. 5– FP H-2016-0103 PAGE 5 of two years. This surety amount will be verified by a line item final cost invoicing 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. 8. All development improvements, including but not limited to sewer, water, fencing, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy, or as otherwise allowed by UDC 11-5(c) -1. 9. 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. 10. 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. 11. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 12. Developer shall coordinate mailbox locations with the Meridian Post Office. 13. All grading of the site shall be performed in conformance with MCC 11-1-4(b). 14. 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. 15. The engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. 16. 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. 17. 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. 18. 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. Contact the City of Meridian Transportation and Utility Coordinator at 898-5500 for information on the locations of existing street lighting. 19. 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, which must include the area of the easement (marked EXHIBIT A) and an 81/2” x 11” map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a EXHIBIT A Hill’s Century Farm Subdivision No. 5– FP H-2016-0103 PAGE 6 Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. 20. Applicant shall be responsible for application and compliance with and NPDES permitting that may be required by the Environmental Protection Agency. 21. 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. 22. 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. 23. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 9-1-28(c) -1). 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 development plan approval. X. EXHIIBITS A. Vicinity Map B. Approved Preliminary Plat (dated: 11/7/14) C. Proposed Final Plat (dated: 7/26/16) D. Proposed Landscape Plan (dated: 8/1/16) EXHIBIT A Hill’s Century Farm Subdivision No. 5– FP H-2016-0103 PAGE 7 Exhibit A – Vicinity Map EXHIBIT A Hill’s Century Farm Subdivision No. 5– FP H-2016-0103 PAGE 8 Exhibit B – Approved Preliminary Plat (dated: 11/7/14) Phase 5 EXHIBIT A Hill’s Century Farm Subdivision No. 5– FP H-2016-0103 PAGE 9 Exhibit C – Proposed Final Plat (dated: 7/26/16) EXHIBIT A Hill’s Century Farm Subdivision No. 5– FP H-2016-0103 PAGE 10 Exhibit D –Proposed Landscape Plan (dated: 8/1/16) Meridian City Council Meeting DATE: September 20, 2016 ITEM NUMBER: 5D PROJECT NUMBER: H-2016-0094 ITEM TITLE: Bainbridge Subdivision No. 4 Final Order for Bainbridge Subdivision No. 4 (H-2016-0094) by Brighton Investments, LLC Located East of N. Black Cat Road, Midway Between W. Chinden Boulevard and W. McMillan Road 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 : x/77-1� a I -S101:7117 EWEN 0 rb drK/11J041 IN THE MATTER OF THE REQUEST FOR FINAL PLAT CONSISTING OF THIRTY SIX (36) BUILDING LOTS AND FOUR (4) COMMON AREA LOTS ON 13.03 ACRES IN THE R-8 ZONING DISTRICT FOR BAINBRIDGE SUBDIVISION NO.4 BY: BRIGHTON DEVELOPMENT APPLICANT HEARING DATE: SEPTEMBER 6, 2016 CASE NO. H-2016-0094 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT This matter coming before the City Council on September 6, 2016 for final plat approval pursuant to Unified Development Code (UDC) 11-6B-3 and the Council finding that the Administrative Review is complete by the Planning and Development Services Divisions of the Community Development Department, to the Mayor and Council, and the Council having considered the requirements of the preliminary plat, the Council takes the following action: IT IS HEREBY ORDERED THAT: 1. The Final Plat of "PLAT SHOWING BAINBRIDGE SUBDIVISION NO. 4, LOCATED IN A PORTION OF THE SOUTHEAST 1/4 OF THE NORTHWEST 1/40F SECTION 27, TOWNSHIP 4 NORTH, RANGE 1 WEST, BOISE MERIDIAN, CITY OF MERIDIAN, ADA COUNTY, IDAHO, 2016, HANDWRITTEN DATE: 8/18/2016, by AARON L. BALLARD, PLS, SHEET 1 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR BAINBRIDGE SUBDIVISION NO.4 (H-2016-0094) Page 1 of 3 OF 3," is conditionally approved subject to those conditions of Staff as set forth in the staff report to the Mayor and City Council from the Planning and Development Services divisions of the Community Development Department dated September 6, 2016, a true and correct copy of which is attached hereto marked "Exhibit A" and by this reference incorporated herein, and the response letter from Van Elg, Brighton Corporation, a true and correct copy of which is attached hereto marked "Exhibit B" and by this reference incorporated herein. 2. The final plat upon which there is contained the certification and signature of the City Clerk and the City Engineer verifying that the plat meets the City's requirements shall be signed only at such time as: 2.1 The plat dimensions are approved by the City Engineer; and 2.2 The City Engineer has verified that all off-site improvements are completed and/or the appropriate letter of credit or cash surety has been issued guaranteeing the completion of off-site and required on-site improvements. NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAKINGS ANALYSIS The Applicant is hereby notified that pursuant to Idaho Code § 67-8003, the Owner may 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. ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR BAINBRIDGE SUBDIVISION NO.4 (H-2016-0094) Page 2 of 3 Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521. An affected person being a person who has an interest in real property which may be adversely affected by this decision may, within twenty- eight (28) days after the date of this decision and order, seek a judicial review pursuant to Idaho Code§ 67-52. By action of the City Council at its regular meeting held on the day of 1 Attest: ��Azl I C.Yrfy Coles City Clerk ECit. �r a I^ m104,40N�. Copy served upon the Applicant, Planning and Development Services Divisions of the Community Development Department and City Attorney. Dated: ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR BAINBRIDGE SUBDIVISION NO.4 (H-2016-0094) Page 3 of 3 EXHIBIT A Bainbridge Subdivision No. 4 – FP H-2016-0094 1 STAFF REPORT MEETING DATE: September 6, 2016 (Continued from August 23, 2016) TO: Mayor and City Council FROM: Sonya Allen, Associate City Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: Bainbridge Subdivision No. 4 – FP (H-2016-0094) I. APPLICATION SUMMARY The applicant, Brighton Development, has applied for final plat (FP) approval of 36 single-family residential building lots and 4 common lots on 13.03 acres of land in the R-8 zoning district for the fifth phase of Bainbridge Subdivision. II. STAFF RECOMMENDATION Staff recommends approval of the Bainbridge Subdivision No. 4 final plat subject to the conditions noted in Sections VI and VII below. These conditions shall be considered in full, unless expressly modified or deleted by motion of the City Council. III. PROPOSED MOTION Approval I move to approve File Number H-2016-0094 as presented in the staff report for the hearing date of September 6, 2016, with the following modifications: (Add any proposed modifications.) Denial I move to deny File Number H-2016-0094, as presented during the hearing on September 6, 2016, for the following reasons: (You should state specific reasons for denial.) Continuance I move to continue File Number H-2016-0094 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance.) IV. APPLICATION AND PROPERTY FACTS A. Site Address/Location: The subject property is located approximately ½ mile south of Chinden Blvd. and ¼ mile east of N. Black Cat Road, in the NW ¼ of Section 27, T. 4N., R. 1W. B. Applicant: Van Elg, Brighton Development 12601 W. Explorer Drive, Ste. 200 Boise, Idaho 83713 EXHIBIT A Bainbridge Subdivision No. 4 – FP H-2016-0094 2 C. Owner: Brighton Investments, LLC 12601 W. Explorer Dr., Ste. 200 Boise, Idaho 83713 D. Representative: Same as Applicant V. STAFF ANALYSIS The proposed final plat depicts 36 single-family residential building lots and 4 common lots on 13.03 acres of land in an R-8 zoning district. The minimum property size in this phase is 10,424 square feet (s.f.) with an average size of 11,834 s.f. The McMullen Lateral runs along the southern boundary of this site within a 30-foot wide prescriptive easement. When the preliminary plat for Bainbridge was approved in 2013, the lateral was proposed to be piped and half of the easement contained within a 15-foot wide common lot on this property with the other half anticipated being on a 15-foot wide common lot on the adjacent development to the south (Volterra North). This was purportedly agreed upon by the subject developer and the owner at that time of the property to the south . A pathway was proposed to be constructed as an amenity within the common lot for pedestrian access to the school site to the west. Since that time, ownership of the property to the south has changed. Staff recently met with the applicant, property owner to the south and the User’s Association for the McMullen Lateral to discuss the location of the easement between the two developments. The applicant agreed to absorb 20 feet of the easement with the main gravity pipe at the 10 foot mark; and the adjacent developer agreed to absorb the remaining 10 feet of the easement within building lots on the Volterra property. The Users Association for the lateral agreed to allow the easement to be located within building lots provided that the Homeowner’s Associations for both developments are responsible for all repairs via a license agreement (see email in Exhibit E). Because the adjacent developer does not intend to include the 10-foot wide easement in a common lot, the applicant does not feel the 15-foot wide common lot is wide enough to provide a pathway as originally proposed as they feel it would create too narrow of a corridor between the building lots. Therefore, the applicant would also like to locate the easement on building lots rather than a common lot. In lieu of the pathway, the applicant proposes that the swimming pool in phase 2 that was not part of the original approval be allowed to replace the pathway as an amenity. Staff supports the proposed replacement amenity. The UDC (11-3A-6C) requires irrigation easements wider than 10 feet to be included in a common lot that is a minimum of 20 feet wide and outside of a fenced area, unless modified by City Council at a public hearing with notice to surrounding property owners. The applicant wishes to request such a modification to allow the 20-foot wide easement to be located within building lots; however, because final plat applications do not require a public hearing or notice to surrounding property owners, the requirement cannot be waived as part of this application. Therefore, staff is including a condition of approval that the easement be located within common lots unless otherwise waived by City Council. Staff has reviewed the proposed final plat for substantial compliance with the approved preliminary plat (PP-13-011). There are a total of two additional building lots proposed in this phase within Blocks 10 and 16 than were shown on the preliminary plat; previous phases (1-3 and Bainbridge Park) contained the same number of building lots as shown on the approved preliminary plat. If Council approves a modification to UDC 11-3A6C and the McMullen Lateral is allowed to be included in an easement on building lots rather than on common lots, the amount of common area in this phase will decrease by 0.41 of an acre. Phases 1 and 2 and Bainbridge Park contained the same EXHIBIT A Bainbridge Subdivision No. 4 – FP H-2016-0094 3 amount of common area, but Phase 3 contained more common area than shown on the approved preliminary plat. To ensure substantial compliance with the preliminary plat, staff recommends an updated overall site plan/concept plat for the development that includes building lot and open space calculations consistent with that approved with the preliminary plat is submitted with the next phase final plat application. The overall number of building lots must be the same or fewer and qualified open space area should be the same or greater (a minimum of 31.66 acres or 16.55%). Because additional phases are proposed in which the building lot count and common area can be adjusted, staff deems the final plat to be in substantial compliance with the preliminary plat as required by UDC 11-6B-3C.2. VI. SITE SPECIFIC CONDITIONS 1. Applicant shall meet all terms of the approved annexation (AZ-05-058, Development Agreement #106141058), rezone (RZ-13-005) and preliminary plat (PP-13-011) applications approved for this site. 2. The applicant shall obtain the City Engineer’s signature on the final plat within two years of the City Engineer’s signature on the previous phase final plat, in accord with UDC 11-6B-7. 3. Prior to submittal for the City Engineer’s signature, have the Certificate of Owners and the accompanying acknowledgement signed and notarized. 4. The final plat prepared by KM Engineering, stamped on 8/18/16 by Aaron L. Ballard, shall be revised as follows: a. Note #13: Include the recorded instrument number for the license agreement. b. Note #14: “. . . and a portion of Lots 3-5, 9-11 and 14, Block 16. . .” c. Include the recorded instrument number for the McMullen Lateral easement on the face of the plat. d. Include the recorded instrument number for the License Agreement required between the Bainbridge HOA and the McMullan Lateral User’s Association (see condition #11 below). e. Include a 15-foot wide common lot along the southern boundary of the site for the McMullen Lateral in accord with UDC 11-3A-6C; unless otherwise waived by City Council at a public hearing with notice to surrounding property owners. f. Depict a 20-foot wide easement for the McMullen along the southern boundary of this site. 5. The landscape plan prepared by KM Engineering, dated 7/8/16, shall be revised as follows: a. Include a 15-foot wide common lot along the southern boundary of the site for the McMullen Lateral easement in accord with UDC 11-3A-6C; unless otherwise waived by City Council at a public hearing with notice to surrounding property owners. b. Depict a 20-foot wide easement for the McMullen along the southern boundary of this site. 6. Submit an updated overall site plan/concept preliminary plat with building lot and qualified open space calculations with the next final plat application that demonstrates substantial compliance with the preliminary plat as set forth in UDC 11-6B-3C. 7. All fencing installed on the site must be consistent with the standards listed in UDC 11-3A-7. If permanent fencing does not exist at the subdivision boundary, temporary construction fencing to contain debris shall be installed around this phase prior to release of building permits. 8. Staff’s failure to cite specific ordinance provisions or conditions from the preliminary plat does not relieve the Applicant of responsibility for compliance. EXHIBIT A Bainbridge Subdivision No. 4 – FP H-2016-0094 4 9. Prior to the issuance of any new building permit, the property shall be s ubdivided in accordance with the UDC. 10. The applicant shall be required to complete the Bainbridge Park Subdivision water main connection to Ten Mile Road, including the installation of a pressure reducing valve (PRV) station, prior to the issuance of a Certificate of Occupancy for any homes under 3,600 square feet. Permits will not be issued for any homes over 3,600 square feet until the above water main connection and PRV station is completed. 11. A license agreement shall be required between the McMullen Lateral User’s Association and the Homeowner’s Association (HOA) for Bainbridge (and Volterra North) that states the HOA for Bainbridge Subdivision (and Volterra North) is responsible for all repairs that may be necessary to the McMullen Lateral; the McMullen Lateral User’s Association will not be financially responsible for any repairs, if needed, and said repairs will not preclude any member of the WUA from receiving their allotment of water. VII. GENERAL REQUIREMENTS 1. Sanitary sewer service to this development is available via extension of existing mains adjacent to the development. The applicant shall install mains to and through this subdivision; applicant shall coordinate main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2. Water service to this site is available via extension of existing mains adjacent to the development. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. 3. 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 (ACHD) and the Final Plat for this subdivision shall be recorded, prior to applying for building permits. 4. 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. 5. A letter of credit or cash surety in the amount of 110% will be required for all incomplete fencing, landscaping, amenities, pressurized irrigation, prior to signature on the final plat. 6. The City of Meridian requires that the owner post with the City a performance surety in the amount of 125% of the total construction cost for all incomplete sewer, water 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 applicant shall be required to enter into a Development Surety Agreement with the City of Meridian. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 7. 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, and water infrastructure for a duration of two years. This surety amount will be verified by a line item final cost invoicing 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. Applicant must file an application for surety, which can be found on the EXHIBIT A Bainbridge Subdivision No. 4 – FP H-2016-0094 5 Community Development Department website. Please contact Land Development Service for more information at 887-2211. 8. All development improvements, including but not limited to sewer, water, fencing, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy, or as otherwise allowed by UDC 11-5C-1. 9. 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. 10. 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. 11. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 12. Developer shall coordinate mailbox locations with the Meridian Post Office. 13. All grading of the site shall be performed in conformance with MCC 11-1-4B. 14. 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. 15. The engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. 16. 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. 17. 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. 18. Street light plan requirements are listed in section 6-5 of the Improvement Standards for Street Lighting (http://www.meridiancity.org/public_works.aspx?id=272). 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. The contractor’s work and materials shall conform to the ISPWC and the City of Meridian Supplemental Specifications to the ISPWC. Contact the City of Meridian Transportation and Utility Coordinator at 898-5500 for information on the locations of existing street lighting. 19. The applicant shall provide easement(s) for all public water/sewer mains outside of public right of way (include all water services and hydrants). The easement widths shall be 20-feet wide for a single utility, or 30-feet wide for two. The easements shall not be dedicated via the plat, but rather dedicated outside the plat process using the City of Meridian’s standard forms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement (on the form available from Public Works), a legal description prepared by an Idaho Licensed Professional Land Surveyor, which must include the area of the easement (marked EXHIBIT A) and an 81/2” x 11” map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. All easements must be submitted, reviewed, and approved prior to signature on the final plat by the City Engineer. EXHIBIT A Bainbridge Subdivision No. 4 – FP H-2016-0094 6 20. Applicant shall be responsible for application and compliance with and NPDES permitting that may be required by the Environmental Protection Agency. 21. 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. 22. 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. 23. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 9-1-28.C.1). 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 development plan approval. 24. All irrigation ditches, canals, laterals, or drains, exclusive of natural waterways, intersecting, crossing or laying adjacent and contiguous to the area being subdivided shall be tiled per UDC 11-3A-6. In performing such work, the applicant shall comply with Idaho Code 42-1207 and any other applicable law or regulation. V. EXHIIBITS A. Vicinity Map B. Preliminary Plat (dated: 4/30/13) C. Proposed Final Plat (dated: 8/18/16) D. Proposed Landscape Plan (dated: 7/7/16) E. Email from Don Brown, McMullan Lateral WUA President EXHIBIT A Bainbridge Subdivision No. 4 – FP H-2016-0094 7 Exhibit A – Vicinity Map ââ ââ ââ ââ ââ ââ ââ ââ ââ ââ ââ ââ ââ ââ ââ ââ ââ ââ ââ ââ ââ ââ ââ ââ ââ ââ ââ ââ ââ ââ ââ ââ ââ ââ ââ ââ ââ ââ ââ ââ ââ ââ ââ ââ ââ ââ ââ ââ ââ ââ ââ ââ ââ ââ ââ ââ ââ ââ ââ ââ ââ ââ ââ ââ ââ ââ ââ ââ ââ ââ ââ ââ ââ ââ ââ ââ ââ ââ ââ ââ ââ ââ ââ ââ ââââââââââââââââââââââââââââââââââââââââââââââââââââââââââââââââââââââââââââââââââââââââââââ XY L-O L-O C-C R-15 C-NR1 R-4 L-O R-8 RUT R1L-O R-8 L-O RUT C-G R-15 R-4 R-4 R-8 R-15 R-15 R-8 C-C R-8 R-4R-15 RUT R-8 R-4 N B l a c k C a t R d W Chinden Blvd W Chinden Blvd N T e n M i l e R d W McMillan Rd W Wolf Rapids Dr W Selway Rapids Ln W Root Creek St N S a n V i t o W a y N L i c h f i e l d Av e W Wolf Rapids St W Gondola Dr N T h r e e Li n k s L n W Sunny Cove St W Tango Creek St W Lost Rapids Dr N S e a c l i f f A v e WHungry Cre e k S t W Vanderbilt Dr W WolfRapids St W Tango Creek Dr W Wapoot St N J o y W a y N B i g C e d a r A v e WSa n d Wedg e S t N V e r c e l l i W a y N A s i s s i Av e N E y n s f o r d A v e W Anatole Dr W R a v e nna St W L o st RapidsSt W Ditch Creek St W Cedar Grove St W Divide Creek St N S i l v e r S p r u c e A v e N B l a c k S a n d A v e W Ladle Rapids St WVanderbiltDr W Caraga n a C t W Daphne St N Sa l v i a W a y W Cedar Grove St W Wapoot St W Ravenna St W Daphne St N S p i n d r i f t A v e W Riva Capri S t WSand Wedg e S t W Milano St N L e v i L n W G l a d e Creek Dr N S a n t a R i t a A v e W Ramblin Ct W Divide Creek Dr W Ditch Creek D r W Selway River Ln W Wapoot Dr W Milano Dr W Malta Dr W Larry Ln N J o y A v e N C a r l e s e A v e N B o l s e n a A v e N A s i s s i W a y N F a r l e i g h Way N B o t t i c e l l i A v e N T o s c a n a A v e N S i l v e r E l m W a y N C o r t o n a W a y N A r e z z o A v e N B l a c k S a n d A v e N B o l s e n a A v e N B o t t i c e l l i A v e N B o l s e n a A v e N T r e e F a r m W a y N E x e t e r A v e W Turin C t N J o y S t N B l a c k S a n d A v e N S p u r w i n g W a y Chinden Blvd. EXHIBIT A Bainbridge Subdivision No. 4 – FP H-2016-0094 8 Exhibit B – Preliminary Plat (dated: 4/30/13) EXHIBIT A Bainbridge Subdivision No. 4 – FP H-2016-0094 9 Exhibit C – Proposed Final Plat (dated: 8/18/16) EXHIBIT A Bainbridge Subdivision No. 4 – FP H-2016-0094 10 EXHIBIT A Bainbridge Subdivision No. 4 – FP H-2016-0094 11 Exhibit D – Proposed Landscape Plan (dated: 7/7/16) EXHIBIT A Bainbridge Subdivision No. 4 – FP H-2016-0094 12 EXHIBIT A Bainbridge Subdivision No. 4 – FP H-2016-0094 13 Exhibit E – Email from Don Brown, McMullan Lateral WUA President -----Original Message----- From: Don and Angie Brown [mailto:beaverbrown4@gmail.com] Sent: Tuesday, August 23, 2016 9:04 AM To: Bill Parsons; Bruce Freckleton Cc: Mark Phillips; Mike Siron; Jeanette Johnson; Rod Wagner Subject: McMullen Lateral Good morning Bill and Bruce, This letter is to confirm the following: The McMullen lateral has a 30 foot easement for development purposes along the lateral. Volterra and Bainbridge subdivisions are developing along the lateral with adjacent properties. Bainbridge has agreed to absorb 20 feet of this easement with the main gravity pipe at the 10 foot mark. Volterra with absorb 10 feet of this easement. They will be running pressurized irrigation. We are allowing this development on buildable lots along the lateral by both subdivisions with the understanding that the HOA's of the new developments will be responsible for all repairs and both developers will be placing this verbiage in their license agreements. The McMullen will not be financially responsible for any repairs, if needed, and said repairs will not preclude any member of the WUA from receiving their allotment of water. If you need any additional information from me, do not hesitate to ask. Regards, Don Brown McMullen Lateral WUA President Meridian City Council Meeting DATE: September 20, 2016 ITEM NUMBER: 5E PROJECT NUMBER: H-2016-0101 ITEM TITLE: Decatur Estates Subdivision No. 2 Final Order for Decatur Estates Subdivision No. 2 (H-2016-0101) by 4345 Linder Road, LLC Located 4345 N. Linder Road MEETING NOTES APH'19�1!1*Aj' Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE; E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE REQUEST FOR FINAL PLAT CONSISTING OF FORTY TWO (42) BUILDING LOTS AND ONE (1) COMMON AREA LOT ON 16.03 ACRES OF LAND IN THE R-4 ZONING DISTRICT FOR DECATUR ESTATES SUBDIVISION NO.2 BY: 4345 LINDER ROAD, LLC APPLICANT HEARING DATE: SEPTEMBER 6, 2016 CASE NO. H-2016-0101 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT This matter coming before the City Council on September 6, 2016 for final plat approval pursuant to Unified Development Code (UDC) 11-6B-3 and the Council finding that the Administrative Review is complete by the Planning and Development Services Divisions of the Community Development Department, to the Mayor and Council, and the Council having considered the requirements of the preliminary plat, the Council takes the following action: IT IS HEREBY ORDERED THAT: 1. The Final Plat of "PLAT SHOWING DECATUR ESTATES SUBDIVISION NO. 2, LOCATED IN THE SE 1/401` THE NE 1A OF SECTION 35, TOWNSHIP 4N., RANGE 1W., B.M., MERIDIAN, ADA COUNTY, IDAHO, 2016, HANDWRITTEN DATE: 7/28/16, by CLINTON W. HANSEN, PLS, SHEET 1 OF 3," is conditionally approved subject to those conditions of Staff as set forth in ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR DECATUR ESTATES SUBDIVISION NO.2 (H-2016-0101) Page 1 of 3 the staff report to the Mayor and City Council from the Planning and Development Services divisions of the Community Development Department dated September 6, 2016, a true and correct copy of which is attached hereto marked "Exhibit A" and by this reference incorporated herein, and the response letter from Becky McKay, a true and correct copy of which is attached hereto marked "Exhibit B" and by this reference incorporated herein. 2. The final plat upon which there is contained the certification and signature of the City Clerk and the City Engineer verifying that the plat meets the City's requirements shall be signed only at such time as: 2.1 The plat dimensions are approved by the City Engineer; and 2.2 The City Engineer has verified that all off-site improvements are completed and/or the appropriate letter of credit or cash surety has been issued guaranteeing the completion of off-site and required on-site improvements. NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAKINGS ANALYSIS The Applicant is hereby notified that pursuant to Idaho Code § 67-8003, the Owner may 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. ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR DECATUR ESTATES SUBDIVISION NO.2 (H-2016-0101) Page 2 of 3 Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521. An affected person being a person who has an interest in real property which may be adversely affected by this decision may, within twenty- eight (2 8) days after the date of this decision and order, seek a judicial review pursuant to Idaho Code§ 67-52. By action of the City Council at its regular meeting held on the day of 50 ! em b&r- , 2016. Attest: dJay Col City Clerk Lo a '1} of �w E IDIAN�-- � IDAHO \� SEAL Meridian Copy served upon the Applicant, Planning and Development Services Divisions of the Community Development Department and City Attorney. By: I- A -A Dated: U'1 '�-D - I (-,,, ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR DECATUR ESTATES SUBDIVISION NO.2 (H-2016-0101) Page 3 of 3 EXHIBIT A Decatur Estates Sub 2 – FP H-2016-0101.doc PAGE 1 STAFF REPORT MEETING DATE: September 6, 2016 TO: Mayor and City Council FROM: Sonya Allen, Associate City Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: Decatur Estates Subdivision No. 2 - FP (H-2016-0101) I. APPLICATION SUMMARY The applicant, 4345 Linder Road, LLC, has applied for final plat (FP) approval of 42 single-family residential building lots and 1 common lot on 16.03 acres of land in an R-4 zoning district for the second phase of Decatur Estates Subdivision. II. STAFF RECOMMENDATION Staff recommends approval of the Decatur Estates Subdivision No. 2 final plat based on the analysis provided below in Section V. III. PROPOSED MOTION Approval I move to approve File Number H-2016-0101 as presented in the staff report for the hearing date of September 6, 2016, with the following modifications: (Add any proposed modifications.) Denial I move to deny File Number H-2016-0101, as presented during the hearing on September 6, 2016, for the following reasons: (You should state specific reasons for denial.) Continuance I move to continue File Number H-2016-0101 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance .) IV. APPLICATION AND PROPERTY FACTS A. Site Address/Location: The subject property is located at 4345 N. Linder Road, in the northeast ¼ of Section 35, T. 4N., R. 1W. B. Applicant: 4345 Linder Road, LLC 13967 W. Wainwright Drive, Suite 102 Boise, Idaho 83713 C. Owner: Same as Applicant EXHIBIT A Decatur Estates Sub 2 – FP H-2016-0101.doc PAGE 2 D. Representative: Becky McKay, Engineering Solutions, LLP 1029 N. Rosario Street, Ste. 100 Meridian, ID 83642 V. STAFF ANALYSIS The proposed final plat depicts 42 building lots and 2 common area lot on 16.03 acres of land in the R-4 zoning district. All of the lots proposed in this subdivision are for single-family detached homes and comply with the dimensional standards of the R-4 zoning district listed in UDC Table 11-2A-5. There are no existing structures on this site. A tot lot with play equipment, a gazebo and benches are proposed as amenities with this phase of development. Staff has reviewed the proposed final plat for substantial compliance with the approved preliminary plat as set forth in UDC 11-6B-3C.2. The total number of buildable lots is the same and the amount of common area has increased where an ACHD stormwater drainage system is now proposed on Lot 8, Block 5 and on the west side of Lot 7, Block 6 on Lot 6. Because the number of building lots is the same and the common area has increased, staff finds the proposed final plat in substantial compliance with the approved preliminary plat. VI. SITE SPECIFIC CONDITIONS 1. Applicant shall meet all terms of the approved annexation (AZ-15-002, Development Agreement Inst. No. 2015-061374) and preliminary plat (PP-15-001). 2. The applicant shall obtain the City Engineer’s signature on the final plat by August 10, 2018; or, apply for a time extension in accord with UDC 11-6B-7. 3. Prior to submittal for the City Engineer’s signature, have the Certificate of Owners and the accompanying acknowledgement signed and notarized. 4. The final plat prepared by Clinton W. Hansen, PLS., stamped and dated 7/28/16, shall be revised prior to City Engineer signature on the final plat as follows: a. Note #12: Include the recorded instrument number. 5. The landscape plan prepared by Jensen Belts Associates, stamp dated 7/20/16, shall be revised as follows: a. Include calculations for the linear feet of street frontage, excluding 26 feet for each driveway, with the number of trees required per UDC 11-3A-7C and the number of trees proposed. 6. Submit a detail of the gazebo prior to the City Engineer signature on the final plat. 7. All fencing installed on the site must comply with the fencing plan depicted on the landscape plan, the conditions in this report, and with the standards listed in UDC 11-3A-6 and 11-3A-7. If permanent fencing does not exist at the subdivision boundary, temporary construction fencing to contain debris shall be installed around this phase prior to release of building permits for this subdivision. 8. Staff’s failure to cite specific ordinance provisions or conditions from the preliminary plat does not relieve the Applicant of responsibility for compliance. 9. Development of homes within this subdivision shall be generally consistent with the building elevation design and materials approved with the preliminary plat. EXHIBIT A Decatur Estates Sub 2 – FP H-2016-0101.doc PAGE 3 10. The rear or sides of future structures on lots that face N. Linder Road on Lots 2-7, Block 5 shall incorporate articulation through changes in materials, color, modulation, and architectural elements (horizontal and vertical) to break up monotonous wall planes and roof lines. 11. Comply with the stormwater integration standards listed in UDC 11-3B-11C. VII. GENERAL REQUIREMENTS 1. Sanitary sewer service to this development is available via extension of existing mains adjacent to the development. The applicant shall install mains to and through this subdivision; applicant shall coordinate main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2. Water service to this site is available via extension of existing mains adjacent to the development. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. 3. 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 (ACHD) and the Final Plat for this subdivision shall be recorded, prior to applying for building permits. 4. 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. 5. A letter of credit or cash surety in the amount of 110% will be required for all incomplete fencing, landscaping, amenities, pressurized irrigation, prior to signature on the final plat. 6. The City of Meridian requires that the owner post with the City a performance surety in the amount of 125% of the total construction cost for all incomplete sewer, water 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 applicant shall be required to enter into a Development Surety Agreement with the City of Meridian. 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. 7. 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, and water infrastructure for a duration of two years. This surety amount will be verified by a line item final cost invoicing 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. 8. All development improvements, including but not limited to sewer, water, fencing, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy, or as otherwise allowed by UDC 11-5(c) -1. 9. 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. 10. 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. EXHIBIT A Decatur Estates Sub 2 – FP H-2016-0101.doc PAGE 4 11. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 12. Developer shall coordinate mailbox locations with the Meridian Post Office. 13. All grading of the site shall be performed in conformance with MCC 11-1-4(b). 14. 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. 15. The engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. 16. 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. 17. 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. 18. 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. Contact the City of Meridian Transportation and Utility Coordinator at 898-5500 for information on the locations of existing street lighting. 19. 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, which must include the area of the easement (marked EXHIBIT A) and an 81/2” x 11” map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. 20. Applicant shall be responsible for application and compliance with and NPDES permitting that may be required by the Environmental Protection Agency. 21. 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. 22. 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. EXHIBIT A Decatur Estates Sub 2 – FP H-2016-0101.doc PAGE 5 23. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 9-1-28(c)-1.). 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 development plan approval. V. EXHIIBITS A. Vicinity Map B. Approved Preliminary Plat (dated: 2/26/15) C. Proposed Final Plat (dated: 7/28/16) D. Proposed Landscape Plan (dated: 7/20/16) EXHIBIT A Decatur Estates Sub 2 – FP H-2016-0101.doc PAGE 6 Exhibit A – Vicinity Map EXHIBIT A Decatur Estates Sub 2 – FP H-2016-0101.doc PAGE 7 Exhibit B – Approved Preliminary Plat (dated: 2/26/15) EXHIBIT A Decatur Estates Sub 2 – FP H-2016-0101.doc PAGE 8 Exhibit C – Proposed Final Plat (dated: 7/28/16) EXHIBIT A Decatur Estates Sub 2 – FP H-2016-0101.doc PAGE 9 Exhibit D –Proposed Landscape Plan (dated: 7/20/16) EXHIBIT A Decatur Estates Sub 2 – FP H-2016-0101.doc PAGE 10 Meridian City Council Meeting DATE: September 20, 2016 ITEM NUMBER: 5F PROJECT NUMBER: H-2016-0096 ITEM TITLE: Vicenza Subdivision No. 3 Final Order for Vicenza Subdivision No. 3 (H-2016-0096) by Cottonwood Development, LLC Located North of W. McMillan Road; Between N. Black Cat Road and N. Ten Mile Road MEETING NOTES rte✓ APPROVED CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE REQUEST FOR FINAL PLAT CONSISTING OF 28 RESIDENTIAL LOTS AND 4 COMMON LOTS ON 10.62 ACRES OF LAND IN THE R-4 ZONING DISTRICT FOR VICENZA SUBDIVISION NO. 3. BY: COTTONWOOD INVESTMENTS, LLC APPLICANT HEARING DATE: SEPTEMBER 6, 2016 CASE NO. H-2016-0096 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT This matter coming before the City Council on September 6, 2016 for final plat approval pursuant to Unified Development Code (UDC) 11-613-3 and the Council finding that the Administrative Review is complete by the Planning and Development Services Divisions of the Community Development Department, to the Mayor and Council, and the Council having considered the requirements of the preliminary plat, the Council takes the following action: IT IS HEREBY ORDERED THAT: 1. The Final Plat of "PLAT SHOWING VICENZA SUBDIVISION NO. 3, LOCATED IN THE N'/2 OF THE S V2 OF SECTION 27, TAN., R.1 W, B.M., MERIDIAN, ADA COUNTY, IDAHO, 2016, TRAVIS P. FOSTER, PLS, SHEET 1 OF 3," is approved subject to those conditions in the staff report to the ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR VICENZA SUBDIVISION No. 3 (H-2016-0096) Page 1 of 3 Mayor and City Council from the Planning and the Development Services Divisions of the Community Development Department dated September 6, 2016, a true and correct copy of which is attached hereto marked "Exhibit A" and by this reference incorporated herein, and the response letter from Cara Duskey, a true and correct copy of which is attached hereto marked "Exhibit B" and by this reference incorporated herein. 2. The final plat upon which there is contained the certification and signature of the City Clerk and the City Engineer verifying that the plat meets the City's requirements shall be signed only at such time as: 2.1 The plat dimensions are approved by the City Engineer; and 2.2 The City Engineer has verified that all off-site improvements are completed and/or the appropriate letter of credit or cash surety has been issued guaranteeing the completion of off-site and required on-site improvements. NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAKINGS ANALYSIS The Applicant is hereby notified that pursuant to Idaho Code § 67-8003, the Owner may 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. ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR VICENZA SUBDIVISION No. 3 (H-2016-0096) Page 2 of 3 Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521. An affected person being a person who has an interest in real property which may be adversely affected by this decision may, within twenty- eight (28) days after the date of this decision and order, seek a judicial review pursuant to Idaho Code§ 67-52. By action of the City Council at its regular meeting held on the WON O•s � 1 � By: Tammy d erd Q0 ATE IA, r, of Meridian Attest: G 2 CI of O� -4 E IDjAN . C. ay Col City Clerk 0 - SEAL day of Copy served upon the Applicant, Planning Division, Public Works Department, and City Attorney. Dated: I Ja l L ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR VICENZA SUBDIVISION No. 3 (H-2016-0096) Page 3 of 3 Exhibit A Vicenza No. 3 – H-2016-0096 PAGE 1 STAFF REPORT Hearing Date: September 6, 2016 TO: Mayor and City Council FROM: Josh Beach, Associate Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: Vicenza No. 3 – H-2016-0096 I. APPLICATION SUMMARY The applicant, Cottonwood Investments, LLC, has applied for approval of a final plat consisting of twenty-eight (28) buildable lots and four (4) common lots on approximately 10.62 acres of land. II. STAFF RECOMMENDATION Staff recommends approval of Vicenza Subdivision No. 3 final plat (FP) application subject to the conditions noted below. These conditions shall be considered in full, unless expressly modified or deleted by motion of the City Council. III. PROPOSED MOTION Approval I move to approve File Number H-2016-0096 as presented in the staff report for the hearing date of September 6, 2016, with the following modifications: (Add any proposed modifications.) Denial I move to deny File Number H-2016-0096 as presented during the hearing on September 6, 2016, for the following reasons: (You should state specific reasons for denial.) Continuance I move to continue File Number H-2016-0096 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance.) IV. APPLICATION AND PROPERTY FACTS A. Site Address/Location: The site is located on the north of W. McMillan Road between N. Black Cat Road and N. Ten Mile Road in the S ½ of Section 27, Township 4 North, Range 1 West. B. Applicant/Owner: Cottonwood Investments, LLC 2228 Piazza Drive, Suite #150 Meridian, Idaho 83646 C. Representative: Matt Munger, WH Pacific 3130 S. Owyhee Street Boise, Idaho 83705 Exhibit A Vicenza No. 3 – H-2016-0096 PAGE 2 V. STAFF ANALYSIS The proposed final plat consists of twenty-eight (28) buildable lots and four (4) common lots on approximately 10.62 acres of land. This is the third phase of development for the Volterra North Subdivision. Open space planned for this phase consists of parkways and two pedestrian pathways. The proposed open space and site amenities comply with the overall open space and site amenities approved with the Volterra North development. Because the number of buildable lots is the same and the common open space is the same, staff finds the proposed plat to be in substantial compliance with the approved preliminary plat as required by UDC11- 6B-3C.2. VI. SITE SPECIFIC CONDITIONS 1. Applicant shall meet all terms of the approved preliminary plat (PP-10-004), time extension (TED-12-002), final plat (FP-13-033) and amended development agreement (instrument #111010393). 2. The applicant has until June 8, 2018 to obtain City Engineer’s signature on the final plat or apply for a time extension in accord with UDC 11-6B-7. 3. Prior to submittal for the City Engineer’s signature, have the Certificate of Owners and the accompanying acknowledgement signed and notarized. 4. The final plat prepared by WHPacific stamped on July 21, 2016, by Travis P. Foster, shall be revised prior to signature of the final plat by the City Engineer as follows:  Modify Note #1 to include 5-foot side lot line easements for Public Utility, Drainage, and Irrigation. Revise the rear lot line easement from 5-foot to 10-foot width.  Modify Note #2 and remove Lot 2, Block 13 and add Lot 3, Block 14 as a common lot to be owned and maintained by the homeowner’s association.  Note #9: insert the instrument number.  Add the missing lot line between Lots 11 and 12, Block 13.  Add a note indicating that the property is subject to recorded development agreement instrument #111010393. 5. The landscape plan prepared by South Architecture dated 06/25/14 shall be revised as follows:  Remove Lot 1, Block 13 from the landscape plan as it was included in a previous final plat.  Lot 3, Block 14 shall be landscaped in accord with UDC 11-3G-3E.2.  All fencing installed on the site must be in compliance with UDC 11-3A-6 and 11-3A-7. Temporary construction fencing to contain debris shall be installed at the subdivision boundary prior to release of building permits for this subdivision.  All landscape improvements approved with the proposed subdivision must be installed prior to releasing occupancy for any homes constructed within the subdivision. Provide two (2) full size copies of landscape plan with the aforementioned changes prior to obtaining City Engineer’s signature on the final plat. 6. Prior to signature of the final plat by the City Engineer, the applicant shall provide a letter from the United States Postal Service stating that the applicant has received approval for the location of mailboxes. Contact the Meridian Postmaster, Kimberly Cutler, at 887-1620 for more information. Exhibit A Vicenza No. 3 – H-2016-0096 PAGE 3 7. Staff’s failure to cite specific ordinance provisions or conditions from the preliminary plat does not relieve the applicant of responsibility for compliance. 8. Prior to the issuance of any new building permits, the property shall be subdivided in accordance with the UDC. 9. The applicant shall submit a final approval letter from the Street Naming Committee approving the street names for the proposed subdivision. 10. Applicant shall be required to construct a second water main connection to W. Gondola Drive via their proposed off-site route in order to provide necessary fire flows to the proposed development. VII. GENERAL REQUIREMENTS 1. Sanitary sewer service to this development is available via extension of existing mains adjacent to the development. The applicant shall install mains to and through this subdivision; applicant shall coordinate main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2. Water service to this site is available via extension of existing mains adjacent to the development. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. 3. 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 (ACHD) and the Final Plat for this subdivision shall be recorded, prior to applying for building permits. 4. 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. 5. A letter of credit or cash surety in the amount of 110% will be required for all incomplete fencing, landscaping, amenities, pressurized irrigation, prior to signature on the final plat. 6. The City of Meridian requires that the owner post with the City a performance surety in the amount of 125% of the total construction cost for all incomplete sewer, water 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 applicant shall be required to enter into a Development Surety Agreement with the City of Meridian. 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. 7. 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, and water infrastructure for a duration of two years. This surety amount will be verified by a line item final cost invoicing 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. 8. All development improvements, including but not limited to sewer, water, fencing, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy, or as otherwise allowed by UDC 11-5C-1. 9. 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 Exhibit A Vicenza No. 3 – H-2016-0096 PAGE 4 approval letter. 10. It shall be the responsibility of the applicant to ensure that all development features comp ly with the Americans with Disabilities Act and the Fair Housing Act. 11. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 12. Developer shall coordinate mailbox locations with the Meridian Post Office. 13. All grading of the site shall be performed in conformance with MCC 11-12-3H. 14. 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. 15. The engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. 16. All irrigation ditches, canals, laterals, or drains, exclusive of natural waterways, intersecting, crossing or laying adjacent and contiguous to the area being subdivided shall be tiled per UDC 11-3A-6. In performing such work, the applicant shall comply with Idaho Code 42-1207 and any other applicable law or regulation. 17. 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. 18. 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. 19. 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. Contact the City of Meridian Transportation and Utility Coordinator at 898-5500 for information on the locations of existing street lighting. 20. 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, which must include the area of the easement (marked EXHIBIT A) and an 81/2” x 11” map with bearings and di stances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. All easements must be submitted, reviewed, and approved prior to development plan approval. 21. Applicant shall be responsible for application and compliance with and NPDES permitting that Exhibit A Vicenza No. 3 – H-2016-0096 PAGE 5 may be required by the Environmental Protection Agency. 22. 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. 23. 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. 24. 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 development plan approval. VIII. EXHIBITS A. Vicinity Map B. Approved Volterra North Subdivision (PP-10-004) C. Proposed Final Plat (dated: 07/21/2016) D. Proposed Landscape Plan (dated: 06/20/2016) Exhibit A Vicenza No. 3 – H-2016-0096 PAGE 6 Exhibit A – Vicinity Map Exhibit A Vicenza No. 3 – H-2016-0096 PAGE 7 Exhibit B – Approved Volterra North Subdivision (PP-10-004) Exhibit A Vicenza No. 3 – H-2016-0096 PAGE 8 Exhibit C – Proposed Final Plat (dated: 07/21/2016) Exhibit A Vicenza No. 3 – H-2016-0096 PAGE 9 Exhibit D. – Proposed Landscape Plan (dated: 06/20/16) Exhibit A Vicenza No. 3 – H-2016-0096 PAGE 10 WHF&�fic September 2, 2016 Josh Beach City of Meridian 33 E. Broadway Meridian, Idaho 83642 RE: H-2016-0096 — Vicenza No. 3 Dear Josh: I have received your letter of conditions. I have discussed these conditions with the owner/applicant and they have agreed to comply with all listed conditions and requirements for the plat for Vicenza No. 3. Thank you for your time and consideration on this project. Please do not hesitate to contact Matt Munger or me if you have any questions. Sincerely, LOA. 6� Cara Duskey Project Coordinator 2141 West Airport Way, Suite 104 • Boise, ID 83705 • 1 208.342.5400 • F 208.342.5353 • www.whpacific.com Meridian City Council Meeting DATE: September 20, 2016 ITEM NUMBER: 5G PROJECT NUMBER: H-2016-0097 ITEM TITLE: Vicenza Subdivision No. 4 Final Order for Vicenza Subdivision No. 4 (H-2016-0097) by Cottonwood Development, LLC Located North of W. McMillan Road, Between N. Black Cat Road and N. Ten Mile Road MEETING NOTES rte✓ 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 BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE REQUEST FOR FINAL PLAT CONSISTING OF 17 RESIDENTIAL LOTS AND 3 COMMON LOTS ON 5.01 ACRES OF LAND IN THE R-4 ZONING DISTRICT FOR VICENZA SUBDIVISION NO. 4. BY: COTTONWOOD INVESTMENTS, LLC APPLICANT HEARING DATE: SEPTEMBER 6, 2016 CASE NO. H-2016-0097 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT This matter coming before the City Council on September 6, 2016 for final plat approval pursuant to Unified Development Code (UDC) 11-6B-3 and the Council finding that the Administrative Review is complete by the Planning and Development Services Divisions of the Community Development Department, to the Mayor and Council, and the Council having considered the requirements of the preliminary plat, the Council takes the following action: IT IS HEREBY ORDERED THAT: The Final Plat of "PLAT SHOWING VICENZA SUBDIVISION NO. 4, LOCATED IN THE N'/2 OF THE S 1/2 OF SECTION 27, TAN., R.1 W, B.M., MERIDIAN, ADA COUNTY, IDAHO, 2016, TRAVIS P. FOSTER, PLS, SHEET 1 OF 3," is approved subject to those conditions in the staff report to the Mayor and City Council from the Planning and the Development Services ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR VICENZA SUBDIVISION No. 4 (H-2016-0097) Page 1 of 3 Divisions of the Community Development Department dated September 6, 2016, a true and correct copy of which is attached hereto marked "Exhibit A" and by this reference incorporated herein, and the response letter from Cara Duskey, a true and correct copy of which is attached hereto marked "Exhibit B" and by this reference incorporated herein. 2. The final plat upon which there is contained the certification and signature of the City Clerk and the City Engineer verifying that the plat meets the City's requirements shall be signed only at such time as: 2.1 The plat dimensions are approved by the City Engineer; and 2.2 The City Engineer has verified that all off-site improvements are completed and/or the appropriate letter of credit or cash surety has been issued guaranteeing the completion of off-site and required on-site improvements. NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAKINGS ANALYSIS The Applicant is hereby notified that pursuant to Idaho Code § 67-8003, the Owner may 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. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521. An affected person being a person who has an ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR VICENZA SUBDIVISION No. 4 (H-2016-0097) Page 2 of 3 interest in real property which may be adversely affected by this decision may, within twenty- eight (2 8) days after the date of this decision and order, seek a judicial review pursuant to Idaho Code§ 67-52. By action of the City Council at its regular meeting held on the aO day of �� bel,-, 2016. Attest: C Jay Co City Clerk o�QORP��Id1 it of Meridian s �o C/WI E IDIAN�- IDAHO SEAL Copy served upon the Applicant, Planning Division, Public Works Department, and City Attorney. kc— ��-moi-I By: k�' � —Jy/ Dated: ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR VICENZA SUBDIVISION No. 4 (H-2016-0097) Page 3 of 3 EXHIBIT A Vicenza No. 4 – H-2016-0097 PAGE 1 STAFF REPORT Hearing Date: September 6, 2016 TO: Mayor and City Council FROM: Josh Beach, Associate Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: Vicenza No. 4 – H-2016-0097 I. APPLICATION SUMMARY The applicant, Cottonwood Investments, LLC, has applied for approval of a final plat consisting of seventeen (17) buildable lot and three (3) common lots on approximately 5.01 acres of land. II. STAFF RECOMMENDATION Staff recommends approval of Vicenza Subdivision No. 4 final plat (FP) application subject to the conditions noted below. These conditions shall be considered in full, unless expressly modified or deleted by motion of the City Council. III. PROPOSED MOTION Approval I move to approve File Number H-2016-0097 as presented in the staff report for the hearing date of September 6, 2016, with the following modifications: (Add any proposed modifications.) Denial I move to deny File Number H-2016-0097 as presented during the hearing on September 6, 2016, for the following reasons: (You should state specific reasons for denial.) Continuance I move to continue File Number H-2016-0097 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance.) IV. APPLICATION AND PROPERTY FACTS A. Site Address/Location: The site is located on the north of W. McMillan Road between N. Black Cat Road and N. Ten Mile Road in the S ½ of Section 27, Township 4 North, Range 1 West. B. Applicant/Owner: Cottonwood Investments, LLC 2228 Piazza Drive, Suite #150 Meridian, Idaho 83646 C. Representative: Matt Munger, WH Pacific 3130 S. Owyhee Street Boise, Idaho 83705 EXHIBIT A Vicenza No. 4 – H-2016-0097 PAGE 2 V. STAFF ANALYSIS The proposed final plat consists of seventeen (17) buildable lot and three (3) common lots on approximately 5.01 acres of land. This is the fourth phase of development for the Volterra North Subdivision. Open space planned for this phase consists of three landscaped common lot. The proposed open space complies with the overall open space and site amenities approved with the Volterra North development. Because the number of buildable lots is the same and the common open space is the same, staff finds the proposed plat to be in substantial compliance with the approved preliminary plat as required by UDC11- 6B-3C.2. VI. SITE SPECIFIC CONDITIONS 1. Applicant shall meet all terms of the approved preliminary plat (PP-10-004), time extension (TED-12-002), final plat (FP-13-033) and amended development agreement (instrument #111010393). 2. The applicant has until June 8, 2018 to obtain City Engineer’s signature on the final plat or apply for a time extension in accord with UDC 11-6B-7. 3. Prior to submittal for the City Engineer’s signature, have the Certificate of Owners and the accompanying acknowledgement signed and notarized. 4. The final plat prepared by WHPacific stamped on July 21, 2016, by Travis P. Foster, shall be revised prior to signature of the final plat by the City Engineer as follows:  Modify Note #1 to include 5-foot side lot line easements for Public Utility, Drainage, and Irrigation. Revise the rear lot line easement from 5-foot to 10-foot width.  Note #9: insert the instrument number.  Add a note to the plat the states Lot 9, Block 15 is to be owned and maintained by the homeowner’s association.  Add a plat note that references the recorded development agreement Instrument #111010393. 5. The landscape plan prepared by South Architecture dated 06/25/14 shall be revised as follows:  All fencing installed on the site must be in compliance with UDC 11-3A-6 and 11-3A-7. Temporary construction fencing to contain debris shall be installed at the subdivision boundary prior to release of building permits for this subdivision.  All landscape improvements approved with the proposed subdivision must be installed prior to releasing occupancy for any homes constructed within the subdivision. 6. Prior to signature of the final plat by the City Engineer, the applicant shall provide a letter from the United States Postal Service stating that the applicant has received approval for the location of mailboxes. Contact the Meridian Postmaster, Kimberly Cutler, at 887-1620 for more information. 7. Staff’s failure to cite specific ordinance provisions or conditions from the preliminary plat does not relieve the applicant of responsibility for compliance. 8. Prior to the issuance of any new building permits, the property shall be subdivided in accordance with the UDC. 9. The applicant shall submit a final approval letter from the Street Naming Committee app roving the street names for the proposed subdivision. EXHIBIT A Vicenza No. 4 – H-2016-0097 PAGE 3 10. Applicant shall be required to construct a second water main connection to W. Gondola Drive via their proposed off-site route in order to provide necessary fire flows to the proposed development. VII. GENERAL REQUIREMENTS 1. Sanitary sewer service to this development is available via extension of existing mains adjacent to the development. The applicant shall install mains to and through this subdivision; applicant shall coordinate main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2. Water service to this site is available via extension of existing mains adjacent to the development. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. 3. 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 (ACHD) and the Final Plat for this subdivision shall be recorded, prior to applying for building permits. 4. 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. 5. A letter of credit or cash surety in the amount of 110% will be required for all incomplete fencing, landscaping, amenities, pressurized irrigation, prior to signature on the final plat. 6. The City of Meridian requires that the owner post with the City a performance surety in the amount of 125% of the total construction cost for all incomplete sewer, water infrastructure prior to final plat signature. This surety will be verified by a line i tem cost estimate provided by the owner to the City. The applicant shall be required to enter into a Development Surety Agreement with the City of Meridian. 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. 7. 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, and water infrastructure for a duration of two years. This surety amount will be verified by a line item final cost invoicing 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. 8. All development improvements, including but not limited to sewer, water, fencing, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy, or as otherwise allowed by UDC 11-5C-1. 9. 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. 10. 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. 11. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 12. Developer shall coordinate mailbox locations with the Meridian Post Office. EXHIBIT A Vicenza No. 4 – H-2016-0097 PAGE 4 13. All grading of the site shall be performed in conformance with MCC 11-12-3H. 14. 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. 15. The engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. 16. All irrigation ditches, canals, laterals, or drains, exclusive of natural waterways, intersecting, crossing or laying adjacent and contiguous to the area being subdivided shall be tiled per UDC 11-3A-6. In performing such work, the applicant shall comply with Idaho Code 42-1207 and any other applicable law or regulation. 17. The applicants design engineer shall be responsible for inspection of all irr igation 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. 18. 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. 19. 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. Contact the City of Meridian Transportation and Utility Coordinator at 898-5500 for information on the locations of existing street lighting. 20. 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, which must include the area of the easement (marked EXHIBIT A) and an 81/2” x 11” map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. All easements must be submitted, reviewed, and approved prior to development plan approval. 21. Applicant shall be responsible for application and compliance with and NPDES permitting that may be required by the Environmental Protection Agency. 22. 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 n on-domestic purposes such as landscape irrigation if approved by Idaho Department of Water Resources Contact Robert B. Whitney at (208)334-2190. 23. Any existing septic systems within this project shall be removed from service per City Ordinance EXHIBIT A Vicenza No. 4 – H-2016-0097 PAGE 5 Section 9-1-4 and 9 4 8. Contact Central District Health for abandonment procedures and inspections (208)375-5211. 24. 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 development plan approval. VIII. EXHIBITS A. Vicinity Map B. Approved Volterra North Subdivision (PP-10-004) C. Proposed Final Plat (dated: 07/21/2016) D. Proposed Landscape Plan (dated: 06/20/2016) EXHIBIT A Vicenza No. 4 – H-2016-0097 PAGE 6 Exhibit A – Vicinity Map EXHIBIT A Vicenza No. 4 – H-2016-0097 PAGE 7 Exhibit B – Approved Volterra North Subdivision (PP-10-004) EXHIBIT A Vicenza No. 4 – H-2016-0097 PAGE 8 Exhibit C – Proposed Final Plat (dated: 07/21/2016) EXHIBIT A Vicenza No. 4 – H-2016-0097 PAGE 9 Exhibit D. – Proposed Landscape Plan (dated: 06/20/16) WHpadiff September 2, 2016 Josh Beach City of Meridian 33 E. Broadway Meridian, Idaho 83642 RE: H-2016-0097 —Vicenza No. 4 Dear Josh: I have received your letter of conditions. I have discussed these conditions with the owner/applicant and they have agreed to comply with all listed conditions and requirements for the plat for Vicenza No. 4. Thank you for your time and consideration on this project. Please do not hesitate to contact Matt Munger or me if you have any questions. Sincerely, IW Cara uskey Project Coordinator 2141 West Airport Way, Suite 104 • Boise, ID 83705 • 208.342.5400 • 208.342.5353 • www.whpacific.com Meridian City Council Meeting DATE: September 20, 2016 ITEM NUMBER: 5H PROJECT NUMBER: H-2016-0100 ITEM TITLE: Twelve Oaks Findings of Fact, Conclusions of Law For Approval for Twelve Oaks (H-2016-0100) by Twelve Oaks, LLC Located 1845 W. Franklin Road 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 F. /� T FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the Matter of the Request for a Modification to the Development Agreement for Twelve Oaks (fka Hark's Canyon Creek Subdivision) to Update the Development Plan for the Site, by Jim Jewett, Twelve Oaks, LLC. Case No(s). H-2016-0100 For the City Council Hearing Date of: September 6, 2016 (Findings on September 20, 2016) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of September 6, 2016, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of September 6, 2016, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of September 6, 2016, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of September 6, 2016, incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted April 19, 2011, Resolution No. 11-784 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A. 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Community Development Department, the Public Works Department and any affected party requesting notice. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). H-2016-0100 - 1 - 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of September 6, 2016, incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11-5A and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's request for a modification to the development agreement is hereby approved per the provisions in the Staff Report for the hearing date of September 6, 2016, attached as Exhibit A. D. Notice of Applicable Time Limits Notice of Development Agreement Duration The development agreement shall be signed by the property owner and returned to the City within six (6) months of the City Council granting annexation and/or rezone (UDC 11-513-31)). A development agreement may be modified by the city or an affected party of the development agreement. Decision on the development agreement modification is made by the city council in accord with this chapter. When approved, said development agreement shall be signed by the property owner(s) and returned to the city within six (6) months of the city council granting the modification (UDC 11 -5B -3F). 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 six (6) month 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 September 6, 2016 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). 1-1-2016-0100 - 2 - By action of the City Council at its regular meeting held on the day of 6 e<, 2016. COUNCIL PRESIDENT KEITH BIRD COUNCIL VICE PRESIDENT JOE BORTON COUNCIL MEMBER ANNE LITTLE ROBERTS W -911i► 10 LTj 19105l: ' : ul a It COUNCIL MEMBER LUKE CAVENER COUNCIL MEMBER GENESIS MILAM MAYOR TAMMY de WEERD (TIE BREAKER) Attest: C.%y Core City Clerk VOTED yeL! VOTED VOTED VOTED—ye-'l VOTED Yel VOTED /`^? VOTED Copy served upon Applicant, Community Development Department, Public Works Department and City Attorney. By: / "L Dated: City Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). H-2016-0100 - 3 - EXHIBIT A Twelve Oaks – MDA H-2016-0100 1 STAFF REPORT Hearing Date: September 6, 2016 TO: Mayor & City Council FROM: Sonya Allen, Associate City Planner 208-884-5533 SUBJECT: Twelve Oaks (fka Hark’s Canyon Creek Subdivision) – MDA (H-2016-0100) I. SUMMARY DESCRIPTION OF APPLICANT’S REQUEST The applicant, Jim Jewett, Twelve Oaks, LLC, requests a modification to the existing development agreement (MDA) for Hark’s Canyon Creek Subdivision. The applicant proposes to update the development plan for this site. See Section IX Analysis for more information. II. SUMMARY RECOMMENDATION Staff recommends approval of the proposed MDA with the changes shown in Exhibit A.3 and A.4, attached. The Meridian City Council heard these items on September 6, 20106. At the public hearing, the Council approved the subject MDA request. a. Summary of City Council Public Hearing: i. In favor: Jim Jewett ii. In opposition: None iii. Commenting: Tom Roam iv. Written testimony: Jim Jewett v. Staff presenting application: Sonya Allen vi. Other staff commenting on application: None b. Key issue(s) of Public Testimony: i. Concern for safety of animals on adjacent property to the east (Roam property). c. Key Issues of Discussion by Council: i. Fencing along east boundary of site adjacent to the Roam property. d. Key Council Changes to Staff Recommendation i. Include a provision for fencing to be provided along the east boundary of site adjacent to the Roam property matching that along the north boundary of the Roam property (see provision #6.1.10 in Exhibit A.4). III. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to approve File Number H-2016-0100 as presented in the staff report for the hearing date of September 6, 2016, with the following modifications: (Add any proposed modifications.) Denial After considering all staff, applicant and public testimony, I move to deny H-2016-0100 as presented during the hearing on September 6, 2016, for the following reasons: (You should state specific reasons for denial.) Continuance I move to continue File Number H-2016-0100 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance.) EXHIBIT A Twelve Oaks – MDA H-2016-0100 2 IV. APPLICATION AND PROPERTY FACTS A. Site Address/Location: The subject property is located at 1845 W. Franklin Road, in the NE ¼ of Section 14, Township 3N., Range 1W. B. Owner(s): Twelve Oaks, LLC 167 E. Whitespur St. Meridian, ID 83642 C. Applicant: Jim Jewett, Twelve Oaks, LLC 167 E. Whitespur St. Meridian, ID 83642 D. Representative: Carl Porter, Sawtooth Land Surveying, LLC 2030 S. Washington Ave. Emmett, ID 83617 E. Applicant's Statement/Justification: Please see applicant’s narrative for this information. V. PROCESS FACTS A. The subject application is for a development agreement modification. A public hearing is required before the City Council on this matter, consistent with Meridian City Code Title 11, Chapter 5. B. Newspaper notifications published on: August 15, and 29, 2016 C. Radius notices mailed to properties within 300 feet on: August 11, 2016 D. Applicant posted notice on site by: August 26, 2016 VI. LAND USE A. Existing Land Use(s) and Zoning: This site consists of undeveloped land that is zoned C-C and TN-R. B. Character of Surrounding Area and Adjacent Land Use and Zoning: South: Single-family residential properties in Whitestone Estates, zoned R-4; East: Rural residential/agricultural property, zoned R1 in Ada County and commercial uses, zoned C-C; West: Rural residential/agricultural property, zoned R1 in Ada County and C-C North: W. Franklin Road and industrial uses, zoned I-L C. History of Previous Actions:  In 2006, this property received the following approvals:  Annexation and Zoning (AZ-05-056) of 10.15 acres with a C-C zoning district and 6.08 acres with a TN-R zoning district under the name of Hark’s Canyon Creek Subdivision. A development agreement was approved as a provision of the annexation, recorded as Instrument No. 106180812;  Conditional Use Permit (CUP-05-051) for a mixed use development within 300 feet of a residential district; EXHIBIT A Twelve Oaks – MDA H-2016-0100 3  Preliminary Plat (PP-05-058) consisting of 29 single-family residential building lots, 7 commercial building lots and 8 common/other lots;  Alternative Compliance (ALT-06-004) to UDC 11-2B-3 which requires a 25-foot wide landscape buffer to residential uses in the C-G zoning district to allow a reduced buffer width; and  Modification to the pending approved development agreement (MI-06-006) to allow temporary construction fencing between Lot 5, Block 3 and Lot 19, Block 3, rather than permanent fencing, to limit public access to the Ten Mile Creek during construction.  In 2007, this property received the following approvals:  Private street (PS-07-006) approval of two streets within the subdivision; and  Final Plat (FP-07-017) consisting of 29 townhome building lots, 7 commercial building lots and 8 common/other lots on 6.29 acres of land in the TN-R and C-C zoning districts.  In 2008, an 18 month time extension (TE-08-004) on the preliminary plat was approved to obtain the City Engineer’s signature on a final plat.  In 2010, another time extension (TE-10-030) on the preliminary plat, for two years, was approved to obtain the City Engineer’s signature on a final plat, which expired on October 25, 2012. A final plat was not signed by the City Engineer and another time extension was not requested within the time period allowed under the time extension; therefore, the preliminary plat expired.  In 2013, a modification to the development agreement (MDA-13-008) (Instrument No. 106180812) was approved that updated the development plan for the site, recorded as Instrument No. 113080081 & 113103818.  Also in 2013, a combined preliminary and final plat (PFP-13-001) was approved consisting of 2 building lots on 9.43 acres of land in the TN-R and C-C zoning districts.  In 2015, a short plat (H-2015-0025) was approved consisting of 4 building lots on 1.44 acres of land in the C-C zoning district at the northeast corner of the site. D. Utilities: 1. Public Works: a. Location of sewer: Sanitary sewer is currently installed in Franklin Road. b. Location of water: Water is currently installed in Franklin Road. c. Issues or concerns: NA E. Physical Features: 1. Canals/Ditches Irrigation: There is an irrigation ditch that runs along the northern portion of the west property boundary and along the western portion of the north property boundary that has been piped. 2. Hazards: There are no known hazards that exist on this property. 3. Floodplain: This property does not lie within a floodplain. VII. ANALYSIS A. Analysis of Facts Leading to Staff Recommendation: EXHIBIT A Twelve Oaks – MDA H-2016-0100 4 The request is to amend the first addendum to the existing Development Agreement (DA) (Instrument No. 113080081 & 113103818) to update the development plan for the site. The existing conceptual development plan included in the DA depicts single-family (12-15 units) and multi-family (40+/- units) residential, a residential care facility (35+/- units), and commercial uses (4 pads) with a large central open space area containing a pond. A conceptual elevation for the townhomes was also included (see Exhibit A.2). The proposed conceptual development plan depicts a multi-family residential development with a mix of 8-plex and 12-plex apartment buildings and duplexes (106 units) with a clubhouse, and one 2,900 square foot commercial building pad (the development plan for the commercial portion of the property at the northeast corner is not proposed to change and is not included in the subject amendment). The residential care facility has been removed. A segment of the City’s multi-use pathway system is depicted from the southern to the northern boundary of the site in accord with the Pathways Master Plan and as required in the DA. The proposed gross density of the development is 13.27 dwelling units/acre with a net density of 13.86 dwelling units/acre. The Future Land Use Map (FLUM) contained in the Ten Mile Interchange Specific Area Plan (TMISAP) designates the southern portion of this property as Medium High-Density Residential (MHDR) and the northern portion as Mixed Use – Commercial (MU-C). The proposed density falls within the density desired in MHDR designated areas of 8-15 units/acre and in MU-C designated areas of 8-12 units/acre with higher densities allowed on individual projects. The proposed multi-family development requires conditional use approval in the C-C district and is a principal permitted use in the TN-R district per UDC Tables 11-2B-2 and 11-2D-2. A conditional use permit application is currently in process that is scheduled to be heard by the Commission on October 6th; approval of which is contingent upon approval of the proposed MDA. One driveway access is depicted via W. Franklin Road for the site with driveways stubbed to the properties to the west at the northwest and southwest corners of the site for future extension. The previous plan depicted public streets for internal access with a cul-de-sac at the southwest corner of the site. For future interconnectivity, the DA required the east/west public street to be stubbed to the west boundary for future extension at the southern end of the site. Because public streets are no longer proposed, the applicant proposes to delete DA provision #6.1.5 that requires a public street to be extended to the west boundary for future extension. Because the proposed concept plan depicts a driveway stub to the west boundary, staff recommends approval of this change. Staff further recommends DA provision #6.1.6 is modified to remove the text referencing a public street and correct/add the parcel numbers on the properties to the west (see Exhibit A.4). Conceptual building elevations have been submitted for the apartments, duplexes, garages, and clubhouse structures; elevations were not submitted for the commercial structure. The apartments consist of 2 and 3 story structures; the duplex structures are 2 stories; and the clubhouse is a single- story. Building materials for all of the structures on the site appear to consist of a mix of stucco and vertical siding. The applicant requests DA provision #6.1.9 is deleted which requires development of the single-family homes to be consistent with the previously approved conceptual elevations. Instead of deleting the condition, staff recommends it’s modified to require future development to be generally consistent with the concept plan and elevations proposed with this application and comply with the design standards in the Architectural Standards Manual (see Exhibit A. 4). A Certificate of Zoning Compliance and Design Review application is required to be submitted for the apartment, garage, and commercial structures; only Design Review is required for the duplex structures. Future development should be consistent with the elevations contained in Exhibit A.3. Final design is required to be consistent with the design standards listed in UDC 11-3A-19 and the Architectural Standards Manual. EXHIBIT A Twelve Oaks – MDA H-2016-0100 5 Staff is supportive of the changes to the DA requested by the applicant as amended by staff in Exhibit A.4. X. EXHIBITS A. Drawings/Other 1. Vicinity Map 2. Existing Conceptual Development Plan & Building Elevations 3. Proposed Conceptual Development Plan (dated: 6/24/2016) & Building Elevations 4. Proposed Amended Development Agreement as Recommended by Staff EXHIBIT A Twelve Oaks – MDA H-2016-0100 6 Exhibit A.1: Vicinity Map EXHIBIT A Twelve Oaks – MDA H-2016-0100 7 Exhibit A.2: Existing Conceptual Development Plan (dated: 10/14/05) EXHIBIT A Twelve Oaks – MDA H-2016-0100 8 EXHIBIT A Twelve Oaks – MDA H-2016-0100 9 Exhibit A.3: Proposed Conceptual Development Plan (dated: 6/24/2016) & Building Elevations EXHIBIT A Twelve Oaks – MDA H-2016-0100 10 EXHIBIT A Twelve Oaks – MDA H-2016-0100 11 EXHIBIT A Twelve Oaks – MDA H-2016-0100 12 EXHIBIT A Twelve Oaks – MDA H-2016-0100 13 EXHIBIT A Twelve Oaks – MDA H-2016-0100 14 EXHIBIT A Twelve Oaks – MDA H-2016-0100 15 Exhibit A.4: Proposed Amended Development Agreement as Recommended by Staff 4. USES PERMITTED BY THIS AGREEMENT: 4.1 The uses allowed pursuant to this Agreement are only those uses allowed under “City’s” Zoning Ordinance codified as Meridian City Unified Development Code: Application for a Certificate of Zoning Compliance shall be submitted to the City of Meridian prior to future development in the C-C and TN-R zones, and the pertinent provisions of the City of Meridian Comprehensive Plan are applicable to this MDA-13-008 application development. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. 5. DEVELOPMENT: “Owner and/or Developer” has submitted to “City” a Conceptual Site Plan attached as Exhibit “B”, and shall be required to obtain the “City” approval thereof, for a preliminary and final plat of the subject property. 6. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 6.1 “Owner/Developer” shall develop the “Property” in accordance with the following special conditions: 1. That the Owner and/or Developer will be responsible for all costs associated with the sewer and water service extension. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service, per City Ordinance Section 5-7-517, when services are available from the City of Meridian. Wells may be used for non-domestic purposes such as landscape irrigation. 2. That all future development of the subject property shall be constructed in accordance with City of Meridian ordinances in effect at the time of development. All future uses shall not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. 3. The Owner and/or Developer shall provide a surety agreement for the construction of a multi -use pathway through the site from the Ten Mile Creek to W. Franklin Road and pedestrian bridge across the Ten Mile Creek in accordance to Unified Development Code 11-5C prior to the issuance of the first certificate of occupancy in this development. 4. The Owner and/or Developer shall coordinate with the Meridian Parks Department and Nampa Meridian Irrigation District to define the location of the multi -use pathway, bridge maintenance, and landscaping along the Ten Mile Creek. 5. The public street depicted on the concept plan for access to the single-family residences at the southern end of the site shall extend to the west property boundary for future extension. 6. A cross-access/ingress-egress easement or a public street stub (as applicable) shall be recorded to the properties to the east (Parcel #’s R8956000010 & R8956000200) and west (Parcel #S12141206631 & #S1214121134) prior to issuance of any building permits for the site. In lieu of access being provided from the subject property to Parcel # R8956000200, a cross-access/ingress- egress easement may be granted instead through the Hark’s Corner property (to the east of the subject property) with the property owners consent. In this case, a cross-access/ingress-egress easement shall be recorded to Parcel # R8956000200 along with consent for a minimum 20-foot wide section of the concrete fence to be removed for the access to occur. EXHIBIT A Twelve Oaks – MDA H-2016-0100 16 7. Access to the site via W. Franklin Road is limited to one access point unless otherwise waived by City Council in accord with UDC 11-3A-3A. City Council approved a waiver for the second access via Franklin Road shown on the site plan, contingent upon approval by ACHD. 8. The commercial portion of the site is depicted on the concept plan to consist of a two retail pads consisting of 2,900 and 1,750 square feet (s.f.); a 3,525 s.f. bank; and a 4,500 s.f. dental office. In determining consistency with the concept plan, building sizes on these pads shall be allowed a 20% increase or decrease in size. 9. Development of the single-family homes site shall be consistent with the conceptual site plan and elevations included as Exhibit “B” unless otherwise modified through an amendment to this agreement. Compliance with the design standards listed in the Architectural Standards Manual is required. 10. An 8-foot tall concrete fence is required to be constructed along the east boundary of the site adjacent to the Roam property (Parcel No. R8956000200) to match the existing fence along the north boundary of the Roam property. Meridian City Council Meeting DATE: September 20, 2016 ITEM NUMBER: 51 PROJECT NUMBER: H-2016-0081 ITEM TITLE: Roundtree Place Subdivision Findings of Fact, Conclusions of Law for Approval for Roundtree Place Subdivision (H- 2016-0081) by Trilogy Development Located at 755 S Linder Road 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 FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the Matter of the Request for Annexation and Zoning of 5.78 Acres of Land with an R-8 Zoning District; and Preliminary Plat Consisting of twenty-three (23) single-family residential building lots and four (4) common lots on 5.78 acres of land for Roundtree Place Subdivision located at 755 S. Linder Road, by Trilogy Development. Case No(s). H-2016-0081 For the City Council Hearing Date of: September 6, 2016 (Findings on September 20, 2016) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of September 6, 2016, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of September 6, 2016, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of September 6, 2016, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of September 6, 2016, incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted April 19, 2011, Resolution No. 11-784 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A. 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). H-2016-0081 -1- 6. That the City has granted an order of approval of the annexation and zoning request in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning Department, the Public Works Department and any affected party requesting notice. 7. That this annexation approval is subject to a development agreement containing the provisions in the attached Staff Report for the hearing date of September 6, 2016, incorporated by reference. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11-5A and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's request for annexation and zoning was approved with an R-8 zoning district with the requirement of a Development Agreement with the provisions noted in the Staff Report for the hearing date of September 6, 2016, attached as Exhibit A. 2. The applicant's request for a preliminary plat is hereby approved based on the findings in the Staff Report for the hearing date of September 6, 2016, attached as Exhibit A. D. Notice of Applicable Time Limits Notice of Six (6) Month Development Agreement Duration The development agreement shall be signed by the property owner and returned to the City within six (6) months of the City Council granting annexation and/or rezone (UDC 11 -5B -3D). A modification to the development agreement may be initiated prior to signature of the agreement by all parties and/or may be requested to extend the time allowed for the agreement to be signed and returned to the City if filed prior to the end of the six (6) month approval period (UDC 11 -5B -3F). E. Notice of Final Action and Right to Regulatory Takings Analysis 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, denial of a development application entitles the Owner to request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. 2. Please take notice that this is a final action of the governing body of the City of Meridian. When applicable and pursuant to Idaho Code § 67-6521, any affected person being a person who has an interest in real property which may be adversely affected by the final action of the governing board may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. F. Attached: Staff Report for the hearing date of September 6, 2016 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). H-2016-0081 -2- By action of the City Council at its regular meeting held on the day of kP�G 01 , 2016. COUNCIL PRESIDENT KEITH BIRD VOTED le� COUNCIL VICE PRESIDENT JOE BORTON VOTED ft COUNCIL MEMBER ANNE LITTLE ROBERTS VOTED Yeo COUNCIL MEMBER TY PALMER VOTED Y� COUNCIL MEMBER LUKE CAVENER VOTED ft COUNCIL MEMBER GENESIS MILAM VOTED Yeo MAYOR TAMMY de WEERD VOTED (TIE BREAKER) Attest: '- 7*6/ C. lay Ules City Clerk Mayor Ta y e �1q0 I,TEDAUG� T S n � r (qo C-/Vl E� IIDIAN!,- � IDAHO SEAL Copy served upon Applicant, The Planning Division, Public Works Department and City Attorney. By: �/� �� l,� 1Z. �ut Dated: City Cleric's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). H-2016-0081 -3- EXHIBIT A Roundtree Place Subdivision H-2016-0081 PAGE 1 STAFF REPORT Hearing Date: September 6, 2016 TO: Mayor and City Council FROM: Josh Beach, Associate Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: Roundtree Place Subdivision – AZ and PP (H-2016-0081) I. SUMMARY DESCRIPTION OF APPLICANT’S REQUEST The applicant, Trilogy Development, has submitted an application for annexation and zoning (AZ) of 5.78 acres of land with an R-8 zoning district; and a preliminary plat (PP) consisting of twenty-three (23) building lots and four (4) common lots on 5 acres of land in the R-8 zoning district for Roundtree Place Subdivision. NOTE: The proposed development is a resubdivison of Lot 18 of the Van Hees Subdivison. All County records (the recorded plat and Ada County Assessor) indicate that the subject parcel is 5 acres in size thus staff has based its analysis of the open space and site amenities on the County records. See analysis below. II. SUMMARY RECOMMENDATION Staff recommends approval of the proposed AZ and PP applications in accord with the conditions of approval in Exhibit B and the Findings of Fact and Conclusions of Law in Exhibit D. The Meridian Planning & Zoning Commission heard these items on August 4th, 2016. At the public hearing on August 4th, the Commission moved to recommend approval of the subject AZ and PP requests. a. Summary of Commission Public Hearing: i. In favor: Kristi Watkins (applicant) ii. In opposition: None iii. Commenting: Jeanette Ockerman, Ron Hohnstein, Andrew Gowans 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. Proposed density ii. Fencing along Waltman Road iii. Safety of children crossing Linder to get to the elementary school iv. Traffic, direct access to Linder from the proposed subdivision v. Removing the direct access to Waltman Road vi. The capacity of Peregrine Elementary School c. Key Issues of Discussion by Commission: i. Safety of children getting to Peregrine Elementary, and providing additional crossing guards across Linder. ii. Proposed density of the development iii. Traffic to and from the are both for the school as well as the increased number of homes in the area. EXHIBIT A Roundtree Place Subdivision H-2016-0081 PAGE 2 iv. The addition of the pathway through a common lot to the sidewalk along S. Linder Road. d. Commission Change(s) to Staff Recommendation: i. Remove condition 1.1.3b. The applicant has complied with this condition. ii. Remove condition 1.1.3c. With the addition of new condition 1.1.3b, the applicant will comply with this condition. iii. Add new condition 1.1.3b. The Commission recommended that the applicant provide a pedestrian pathway from S. Tree Top Avenue through the proposed common lot to the proposed sidewalk in the landscape buffer along S. Linder Road. iv. Remove condition 1.1.1C that required the removal of the home immediately upon annexation. e. Outstanding Issue(s) for City Council: i. None The Meridian City Council heard this item on September 6th, 2016. At the public hearings, the Council moved to approve the AZ and PP request. a. Summary of City Council Public Hearing: i. In favor: Scott Wonders (applicant) ii. In opposition: None iii. Commenting: Ron Newberry iv. Written testimony: None v. Staff presenting application: Josh Beach vi. Other staff commenting on application: None b. Key Issues of Discussion by Council: i. The increase in traffic and safety of children walking to the elementary school. c. Key Council Changes to Staff/Commission Recommendation i. None III. PROPOSED MOTION Denial Approval After considering all staff, applicant and public testimony, I move to recommend approval to the City Council of File Number H-2016-0081, as presented in the staff report for the hearing date of August 4, 2016, with the following modifications: (Add any proposed modifications). Denial After considering all staff, applicant and public testimony, I move to recommend denial to the City Council of File Number H-2016-0081, as presented during the hearing on August 4, 2016, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Number H-2016-0081 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance.) IV. APPLICATION AND PROPERTY FACTS A. Site Address/Location: The site is located at 755 S. Linder Road, in the NE ¼ of Section 14, Township 3 North, Range 1 West. B. Owners: EXHIBIT A Roundtree Place Subdivision H-2016-0081 PAGE 3 Corey Barton Homes 1977 E. Overland Road Meridian, ID 83642 C. Applicant: Trilogy Development 9839 W. Cable Car Street, Suite 101 Boise, ID 83709 D. Representative: JUB Engineers 250 S. Beechwood, Suite 201 Boise, ID 83709 E. Applicant's Statement/Justification: Please see applicant’s narrative for this information. V. PROCESS FACTS A. The subject application is for annexation and zoning and preliminary plat. A public hearing is required before the Planning & Zoning Commission and City Council on this matter, consistent with Meridian City Code Title 11, Chapter 5. B. Newspaper notifications published on: July 18 and August 1, 2016 (Commission); August 15 and August 29, 2016 (Council) C. Radius notices mailed to properties within 300 feet on: July 15, 2016 (Commission); August 11, 2016 (Council) D. Applicant posted notice on site(s) on: July 25, 2016 (Commission); August 26, 2016 (Council) VI. LAND USE A. Existing Land Use(s) and Zoning: The annexation area consists of a vacant agricultural property and a single-family home zoned RUT in Ada County. B. Character of Surrounding Area and Adjacent Land Use and Zoning: 1. North: Single-family residential properties in Tapestry Subdivision, zoned R-8. 2. East: S. Linder Road; single-family residential zoned property in Mallard Landing Subdivision, zoned R-4. 3. South: Single-family residential properties in Primrose Subdivision, zoned RUT (Ada County) 4. West: Peregrine Elementary School, zoned R-4. C. History of Previous Actions: In 1948, the subject property was platted as a 5 acre lot (Lot 18) as part of the Van Hees Subdivision. D. Utilities: 1. Location of sewer: A sanitary sewer main intended to provide service to the proposed development currently exist adjacent to the east of the proposed development. 2. Location of water: Water mains intended to provide service to the proposed development currently exist adjacent to the south and north of the proposed development. EXHIBIT A Roundtree Place Subdivision H-2016-0081 PAGE 4 3. Issues or concerns: Applicant shall be required to loop the proposed water system to the existing water mains adjacent to the proposed development. E. Physical Features: 1. Canals/Ditches Irrigation: No major facilities. 2. Hazards: Staff is not aware of any hazards that exist on this property. 3. Flood Plain: This site does not lie within the Meridian Floodplain Overlay District. VII. COMPREHENSIVE PLAN POLICIES AND GOALS The Comprehensive Plan Future Land Use Map (FLUM) designates this site as Medium Density Residential (MDR). MDR designated areas allow smaller lots for residential purposes within City limits. Uses may include single-family homes at gross densities of 3 to 8 dwelling units per acre (d.u./acre). The applicant proposes to develop the property with twenty-three (23) single-family detached dwellings at a gross density of 4.62 dwelling units per acre (d.u./acre) and a net density of 6.69 d.u./acre. Staff finds the density proposed by the applicant with the preliminary plat is consistent with the MDR designation. Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to the proposed use (staff analysis in italics): 1. “Restrict private curb cuts and access points on collectors and arterial streets.”(3.06.02D, Page 53) The proposed development will not connect to S. Linder Road which is an arterial street. Access to the subdivision will be through the Tapestry Subdivision using W. Bayeux Drive and S. Flintstone Avenue, or from W. Waltman Street. 2. “Require appropriate landscaping and buffers along transportation corridor (Setback, vegetation, low walls, berms, etc.).” (3.06.02F) The landscape plan submitted by the applicant depicts a landscape buffer; however it does not meet the width requirements as set forth in UDC 11-3B-7C. 3. “Provide for a wide diversity of housing types (single-family, modular, mobile homes and multi-family arrangements) and choices between ownership and rental dwelling units for all income groups in a variety of locations suitable for residential development.” (3.07.03B, Page 56) If approved, the proposed single-family detached would contribute to the variety of housing types available within the City, consistent with the surrounding residential developments. 4. ”Require usable open space to be incorporated into new residential subdivision plats.” (3.07.02A Page 55) UDC 11-3G-3 requires that a minimum of 10% of open space be provided as well as one site amenity. The plat as designed provides approximately 4.4% useable open space. Prior to the Commission hearing, the applicant should submit a revised plat providing the required 10% open space. 5. “Require common area in all subdivisions.” (3.07.02F) The proposed plat depicts a total of 0.22 acres of qualified open space. The applicant has provided open space for the development; however the UDC requires that subdivisions with 5 EXHIBIT A Roundtree Place Subdivision H-2016-0081 PAGE 5 acres or more provide 10% open space. This property is a re-subdivision of a county subdivision. That recorded plat depicts this property as a 5 acre parcel; thus the property must develop with 10 percent open space and one (1) amenity per UDC 11-3G-3. 6. “Require pedestrian access in all new development to link subdivisions together and promote neighborhood connectivity.” (3.07.02C) The preliminary plat shows a five foot sidewalk that would connect the proposed development to the Tapestry Subdivision to the north, as well as to the existing sidewalk along W. Waltman Street. A five foot detached sidewalk is required along S. Linder Road. 7. “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 available and will be extended by the developer to the proposed lots upon development of the site in accord with UDC 11-3A-21. 8. “Review new development for appropriate opportunities to connect local roads and collectors to adjacent properties (stub streets). (3.03.02O Page 48) The proposed plat depicts connections to the existing stub street from the north.The new roadway will facilitate a connection to W. Waltman Street. 9. “Support infill of vacant lots in substantially developed, single-family areas at densities similar to surrounding development.” (3.07.02I Page 55) The subject property is adjacent to existing single-family homes and similar lot sizes to the north in Tapestry Subdivision. The proposed development, with the proposed zoning of R-8, is similar to the surrounding uses. All of the proposed lots exceed the minimum standards of R- 8 district. Based on the above analysis, staff finds that the proposed development is generally consistent with the comprehensive plan. VIII. UNIFIED DEVELOPMENT CODE (UDC) A. Purpose Statement of Zone: Per UDC 11-2A-1, the purpose of the residential districts is to provide for a range of housing opportunities consistent with the Meridian Comprehensive Plan. Residential districts are distinguished by the allowable density of dwelling units per acre and corresponding housing types that can be accommodated within the density range. The medium density residential (R-8) district allows a maximum gross density of 8 dwelling units per acre. B. Schedule of Use: Unified Development Code (UDC) Table 11-2A-6 lists the principal permitted (P), accessory (A), conditional (C), and prohibited (-) uses in the R-8 zoning district. Any use not explicitly listed, or listed as a prohibited use is prohibited. The proposed use of the site for single- family detached dwellings is principally permitted use in the R-8 zoning district. C. Dimensional Standards: Development of the site should be consistent with the dimensional standards listed in UDC Tables 11-2A-6 for the R-8 zoning district. D. Landscaping: Street buffer landscaping shall be installed in accordance with the standards listed in UDC Table 11-2A-6 for the R-8 zoning district. E. Common Open Space and Site Amenity Requirements: Common open space and site amenities are required to be provided on the site in accord with the requirements listed in UDC 11-3G-3. F. Off-Street Parking: Off-street parking is required in accord with UDC Table 11-3C-6 for single- family dwellings. EXHIBIT A Roundtree Place Subdivision H-2016-0081 PAGE 6 IX. ANALYSIS A. Analysis of Facts Leading to Staff Recommendation: Annexation & Zoning: The applicant has applied for annexation and zoning of 5.78 acres of land with an R-8 zoning district. As discussed above in Section VII, staff believes the proposed zoning and density is consistent with the vision of the Comprehensive Plan. The legal description submitted with the application, included in Exhibit C, shows the boundaries of the property proposed to be annexed. The property is contiguous to land that has been annexed. The City may require a development agreement (DA) in conjunction with an annexation pursuant to Idaho Code section 67-6511A. To ensure the site develops as proposed and recommended by staff with this application, staff recommends a DA as a provision of annexation with the provisions included in Exhibit B. Preliminary Plat: The proposed plat consists of twenty-three (23) building lots and four (4) common lots on 5 acres of land. The R-8 zoning district is proposed for the development (see Exhibit A.2). The gross density for the subdivision is 4.62 d.u./acre. The average lot size is 6,515 square feet. Existing Structures: There is an existing single family home on the site that will be demolished as part of this project. Dimensional Standards: Development of this site is required to comply with the dimensional standards listed in UDC 11-2A-3 and Table 11-2A-6 for the R-8 district and. Staff has reviewed the proposed plat and found it to be in compliance with the R-8 dimensional standards. Block Length: The plat is required to comply with the block length standards listed in UDC 11- 6C-3F. Staff has reviewed the proposed plat and found it to be in compliance with the aforementioned standards. Common Driveways: For any plats using a common driveway, the setbacks, building envelope, and orientation of the lots and structures shall be shown on the preliminary plat and/or as an exhibit with the final plat application. Staff has determined that the preliminary plat does not show the required details as set forth in UDC 11-6C-3 and several of the lots are proposed to take access from a common drive (Lots6-8, Block 1 and Lots 5-7 and Lots 9-11, Block 2). At the time of final plat submittal, the applicant shall submit an exhibit showing the required setbacks, building envelopes and building orientation of all lots that take access from a common drives. Access: Vehicular access is proposed for this site via an extension of S. Flintstone Avenue, and a vehicular access to W. Waltman Lane. No direct lot access to S. Linder Road is proposed or permitted for the proposed development. Streets: All of the proposed streets depicted on the plat are public. A total of 50-feet of right-of- way is proposed throughout the subdivision with 33 feet between the back of curbs. ACHD’s staff has indicated support of the road design as proposed by the applicant. Sidewalks: Sidewalks are required along all public streets as set forth in UDC 11-3A-17. The applicant proposes to construct 5-foot wide attached sidewalks throughout the development and a 5-foot wide detached sidewalk adjacent to S. Linder Road. Landscaping: A landscape plan was submitted with this application for the area proposed to be platted as shown in Exhibit A.4. A 25-foot wide street buffer is required along S. Linder Road, an arterial street, per UDC Table 11-2A-6 and is required to be landscaped in accord with the standards listed in UDC 11-3B-7C. The buffer shown on the landscape plan does not meet the requirements of the UDC. All street buffers with detached sidewalks shall be measured from the ultimate curb location as anticipated by ACHD. Detached sidewalks shall have an average EXHIBIT A Roundtree Place Subdivision H-2016-0081 PAGE 7 minimum separation of greater than four (4) feet to back of curb. The applicant shall construct a 25 foot landscape buffer as required by UDC 11-3B-7 and revise the plan accordingly. Further, the applicant is proposing to construct a 10-foot wide landscape buffer adjacent to W. Waltman Street. To ensure a uniform landscape buffer along said roadway, staff recommends that the applicant construct the same buffer width on Lot 1, Block 1. Tree Mitigation: If there are any existing trees on the site that are proposed to be removed, the applicant should contact Elroy Huff, City Arborist, at 888-3579 to schedule an appointment to confirm mitigation requirements prior to removal of any trees on the site. The landscape plan incorrectly notes that there are no existing trees on the site. Fencing: All fencing should comply with the standards listed in UDC 11-3A-6B and 11-3A-7. The landscape plan does not depict any proposed fencing for the subdivision. With the submittal of the final plat application, the applicant shall submit a master fencing plan for the entire development. Open Space: Based on the area of the preliminary plat (5 acres), a minimum of 0.50 acres of qualified useable open space is required to be provided as set forth in UDC 11-3A-3B. Based on the preliminary plat the applicant is proposing 0.22 acres which is 4.4% of the proposed development. Prior to the Commission hearing, the applicant shall (at a minimum) provide a revised plat that demonstrates compliance with 10% open space. Staff recommends that the applicant convert Lot 3, Block 1 from a buildable lot to a common lot and add additional open space to the south boundary of Lot1, Block 1 (10-foot landscape buffer as noted above). If the aforementioned changes are made, staff believes the plat will conform to the open space requirements set forth in UDC 11-3G. Site Amenities: All developments consisting of five acres of more are required to provide a minimum of one site amenity; one additional site amenity is required for each additional 20 acres per UDC 11-3G-3A.2, in accord with the standards listed in UDC 11-3G-3C. Based on the area of the preliminary plat as determined by staff (5 acres), staff recommends a minimum of 1 qualified site amenity be provided. The applicant has not proposed a site amenity as set forth in UDC 11-3G-3C. Prior to the Commission hearing, the applicant shall revise the landscape plan and incorporate one amenity as set forth UDC 11-3G-3C. Pressurized Irrigation (PI): An underground PI system is required to be provided to each lot in the subdivision as proposed in accord with UDC 11-3A-15. Building Elevations: The applicant is proposing to construct detached single-family homes. The applicant has submitted 4 conceptual sample building elevations for future homes in this development, included in Exhibit A.4. Building materials appear to consist of a mix of horizontal lap siding, board and batten with stone accents. For the most part, staff is supportive of the proposed elevations. In the elevation exhibit below, staff does not supportive of one of the elevations because the living space and garage does not provide adequate modulation. Staff recommends that this elevation not be part of the recorded development agreement. Because homes on lots whose side or rear face S. Linder Road (Lots 1-3 and 6, Block 1), S. and W. Waltman Street (Lot 1, Block 1, Lots 1, 7, and 9, Block 2) will be highly visible; staff recommends that the side of any structure that faces the public street on these lots, incorporate articulation through changes in materials, color, modulation, and architectural elements (horizontal and vertical) to break up monotonous wall planes and roof lines. Compliance with these standards will be verified prior to applying for a building permit for said lots. EXHIBIT A Roundtree Place Subdivision H-2016-0081 PAGE 8 In accord with the Findings contained in Exhibit D, Staff recommends approval of the proposed annexation and preliminary plat request for this site. Staff has included comments and recommended conditions from other City departments in Exhibit B of this report. X. EXHIBITS A. Drawings/Other 1. Vicinity Map 2. Proposed Preliminary Plat (dated: 06/29/16) 3. Proposed Landscape Plan (dated: 06/02/16) 4. Conceptual Building Elevations B. Agency & Department Comments/Conditions C. Legal Description & Exhibit Map for Annexation Boundary D. Required Findings from Unified Development Code EXHIBIT A Roundtree Place Subdivision H-2016-0081 PAGE 9 A. Drawings 1. Vicinity Map EXHIBIT A Roundtree Place Subdivision H-2016-0081 PAGE 10 2. Proposed Preliminary Plat (dated: 06/29/16) EXHIBIT A Roundtree Place Subdivision H-2016-0081 PAGE 11 3. Proposed Landscape Plan (dated: 06/02/2016) EXHIBIT A Roundtree Place Subdivision H-2016-0081 PAGE 13 4. Conceptual Building Elevations This elevation is not approved. EXHIBIT A Roundtree Place Subdivision H-2016-0081 PAGE 14 B. EXHIBIT B - AGENCY & DEPARTMENT COMMENTS/CONDITIONS 1. PLANNING DEPARTMENT 1.1 Site Specific Conditions of Approval 1.1.1 A Development Agreement (DA) is required as a provision of annexation of this property. Prior to the annexation ordinance approval and the acceptance of a final plat application, a DA shall be entered into between the City of Meridian, the property owner(s) at the time of annexation ordinance adoption, and the developer. Currently, a fee of $303.00 shall be paid by the applicant to the Planning Division prior to commencement of the DA. The DA shall be signed by the property owner and returned to the City within six months of the City Council granting annexation. The DA shall, at minimum, incorporate the following provisions: a. Future development of this site shall be consistent with the preliminary plat, landscape plan) and building elevations attached in Exhibit A and the revisions noted in the staff report. b. All single-family dwellings constructed within the project shall substantially conform to the materials and elevations proposed and included in Exhibit A.4, excluding the two story home. Because homes on lots whose side or rear face S. Linder Road (Lots 1-3 and 6, Block 1), and W. Waltman Street (Lot 1, Block 1, Lots 1, 7, and 9, Block 2) will be highly visible; the side of any structure that faces the public street on these lots, shall incorporate articulation through changes in materials, color, modulation, and architectural elements (horizontal and vertical) to break up monotonous wall planes and roof lines. c. All existing structures on the property shall be removed immediately upon annexation into the city. c. Direct lot access to S. Linder Road is prohibited in accord with UDC 11-3A-3. 1.1.2 The preliminary plat, dated 06/29/16, is approved with the following changes: a. The applicant shall include a common lot on the south side of Lot 1, Block 1 to match the width (10’) of the other common lot adjacent to W. Waltman Street. 1.1.3 The landscape plan dated 06/02/16, is approved with the following changes: a. With the submittal of the final plat application, the applicant shall submit a master fencing plan for the entire development. The landscape plan does not depict the required 25 foot of landscaping on the frontage of S. Linder Road. All street buffers with detached sidewalks shall be measured from the ultimate curb location as anticipated by ACHD. Detached sidewalks shall have an average minimum separation of greater than four (4) feet to back of curb. Prior to the Commission hearing, the landscape plan shall be revised to meet the requirements of UDC 11-3B-7. b. The landscape plan does not show the required 10% of qualified open space as required by UDC 11-3G-3. Prior to the Commission hearing, the landscape plan shall be revised to reflect the required qualified open space. Staff recommends that the applicant convert Lot 3, Block 1 from a buildable lot to a common lot and add additional open space to the south boundary of Lot1, Block 1 (10-foot landscape buffer as noted in condition 1.2.2a. above). c. The landscape plan does not show the one (1) required amenity for the development as required by UDC 11-3G-3. Prior to the Commission hearing, the applicant shall revise the site plan to meet the requirements of UDC 11-3G-3C. EXHIBIT A Roundtree Place Subdivision H-2016-0081 PAGE 15 b. The applicant shall provide a pathway amenity on Lot 4, Block 1 extending from S. Tree Top Ave. to the proposed sidewalk within the 25 foot landscape buffer along S. Linder Road, and this pathway shall be landscaped according to UDC 11-3B-12. 1.1.4 Sidewalks are required along all public streets as set forth in UDC 11-3A-17. Five-foot wide attached sidewalks are required along both sides of S. Flintstone Ave., W. Roundtree St. and S. Tree Top Ave., and a 5-foot wide detached sidewalk is required along S. Linder Rd. 1.1.5 Lots 6, 7, and 8, Block 1 and Lots 5-7 and 9-11, Block 2 shall take access from common driveway as proposed if the Commission and Council approve the use of the common driveway as shown. An exhibit depicting the setbacks, building envelope and orientation of lots and structures shall be submitted with a future final plat application. Include note on the final plat that addresses access across the lots and the responsible party for maintenance of the common driveway. 1.1.6 Prior to the issuance of a building permit, the applicant shall record a final plat. 1.2 General Conditions of Approval 1.2.1 Comply with all bulk, use, and development standards of the R-8 zoning district listed in UDC Table 11-2-A-5. 1.2.2 Comply with all provisions of 11-3A-3 with regard to access to streets. 1.2.3 Comply with the provisions for irrigation ditches, laterals, canals and/or drainage courses, as set forth in UDC 11-3A-6. 1.2.4 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. The applicant shall provide a waiver from the applicable irrigation district that the property does not have water rights and/or water delivery to the subject property with the submittal of a final plat application. 1.2.5 Install all utilities consistent with the standards as set forth in UDC 11-3A-21 and 11-3B-5J. 1.2.6 Construct all off-street parking areas consistent with the standards as set forth in UDC 11-3C-6 for single-family dwellings. 1.2.7 Construct the required landscape buffers consistent with the standards as set forth in UDC 11-3B- 7C. 1.2.8 Comply with all subdivision design and improvement standards as set forth in UDC 11-6C-3, including but not limited to cul-de-sacs, common driveways, easements, blocks, street buffers, and mailbox placement. 1.2.9 Protect any existing trees on the subject property that are greater than four-inch caliper and/or mitigate for the loss of such trees as set forth in UDC 11-3B-10. 1.2.10 Comply with all provisions of UDC 11-3A-3 with regard to maintaining the clear vision triangle. 1.3 Ongoing Conditions of Approval 1.3.1 The applicant and/or assigns shall have the continuing obligation to provide irrigation that meets the standards as set forth in UDC 11-3B-6 and to install and maintain all landscaping as set forth in UDC 11-3B-5, UDC 11-3B-13 and UDC 11-3B-14. 1.3.2 All common open space and site amenities shall be maintained by an owner's association as set forth in UDC 11-3G-3F1. 1.3.3 The project is subject to all current City of Meridian ordinances and previous conditions of approval associated with this site. EXHIBIT A Roundtree Place Subdivision H-2016-0081 PAGE 16 1.3.4 The applicant and/or property owner shall have an ongoing obligation to prune all trees to a minimum height of six feet above the ground or sidewalk surface to afford greater visibility of the area. 1.3.5 The applicant has a continuing obligation to comply with the outdoor lighting provisions as set forth in UDC 11-3A-11. 1.3.6 The applicant and/or property owner shall have an ongoing obligation to maintain all landscaping and constructed features within the clear vision triangle consistent with the standards in UDC 11- 3A-3. 1.4 Process Conditions of Approval 1.4.1 No signs are approved with this application. Prior to installing any signs on the property, the applicant shall submit a sign permit application consistent with the standards in UDC Chapter 3 Article D and receive approval for such signs. 1.4.2 The applicant shall complete all improvements related to public life, safety, and health as set forth in UDC 11-5C-3B. A surety agreement may be accepted for other improvements in accord with UDC 11-5C-3C. 1.4.3 The final plat, and any phase thereof, shall substantially comply with the approved preliminary plat as set forth in UDC 11-6B-3C2. 1.4.4 The applicant shall obtain approval for all successive phases of the preliminary plat within two years of the signature of the City Engineer on the previous final plat as set forth in UDC 11 -6B- 7B (if applicable). 1.4.5 The preliminary plat approval shall be null and void if the applicant fails to either 1) obtain the City Engineer signature on a final plat within two years; or, 2) gain approval of a time extension as set forth in UDC 11-6B-7. 1.4.6 Upon installation of the landscaping and prior to inspection by Planning Division staff, the applicant shall provide a written certificate of completion as set forth in UDC 11-3B-14A. 2. PUBLIC WORKS DEPARTMENT 2.1 SITE SPECIFIC CONDITIONS OF APPROVAL 2.1.1 A street light plan will need to be included in the final plat application. Street light plan requirements are listed in section 6-7 of the City's Design Standards. A copy of the standards can be found at http://www.meridiancity.org/public_works.aspx?id=272. The plan will need to include the installation of a 30' LED Type 1 light at the intersection of Linder Road and Waltman Street. Type 2 lights will be required on the subdivisions internal streets and along the frontage of Watlman Street. 2.1.2 In lieu of extending a water main down the westerly common drive, applicant shall install services and meters adjacent to the public right-of-way, and then run service lines to each individual lot on the common drive. 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. EXHIBIT A Roundtree Place Subdivision H-2016-0081 PAGE 17 2.2.2 Per Meridian City Code (MCC), the applicant shall be responsible to install sewer and water mains to and through this development. Applicant may be eligible for a reimbursement agreement for infrastructure enhancement per MCC 8-6-5. 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 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. All easements must be submitted, reviewed, and approved prior to development plan approval. 2.2.4 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 9-1-28C1). 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, canals, laterals, or drains, exclusive of natural waterways, intersecting, crossing or laying adjacent and contiguous to the area being subdivided shall be tiled per UDC 11-3A-6. In performing such work, the applicant shall comply with Idaho Code 42-1207 and any other applicable law or regulation. 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. EXHIBIT A Roundtree Place Subdivision H-2016-0081 PAGE 18 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 11-1-4B. 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. 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 bottom 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 light plan requirements are listed in section 6-5 of the Improvement Standards for Street Lighting. A copy of the standards can be found on the city of meridian Public Works Department’s website at http://www.meridiancity.org/public_works.aspx?id=272. 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. Applicant must file an application for surety, which can be found on the Community Development Department website. 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. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-221. 3. POLICE DEPARTMENT 3.1 The Police Department has no comment on this application. EXHIBIT A Roundtree Place Subdivision H-2016-0081 PAGE 19 4. FIRE DEPARTMENT 4.1 Homes who take access from a common driveway shall post their address at the entrance to the common driveway. 5. REPUBLIC SERVICES 5.1 Republic Services wants to ensure that the garbage totes get to the end of the common drives on service day. 6. PARKS DEPARTMENT 6.1 Parks Department has no comments 7. ADA COUNTY HIGHWAY DISTRICT 7.1 Site Specific Conditions of Approval 7.1.1 Improve Linder Road abutting the site with pavement a minimum of 17-feet from centerline plus a 3-foot wide gravel shoulder adjacent to the entire site. 7.1.2 Dedicate 48-feet of right-of-way from centerline on Linder Road abutting the site. 7.1.3 Construct 5-foot wide concrete sidewalk on Linder Road abutting the site. The front edge of sidewalk shall be located no less than 41-feet from the centerline of Linder Road. 7.1.4 Construct all internal streets as 33-foot street sections, with rolled curb, gutter and 5-foot wide concrete sidewalk within 50-feet of right-of-way. Continue Flintstone Avenue south into the site tapering down to a 33-foot street section. 7.1.5 Replace any deteriorated or deficient sidewalk, curb, gutter or pedestrian facilities along Waltman Street abutting the site. 7.1.6 Payment of impacts fees are due prior to issuance of a building permit. 7.1.7 Comply with all Standard Conditions of Approval. 7.2 Standard Conditions of Approval 7.2.1 All proposed irrigation facilities shall be located outside of the ACHD right-of-way (including all easements). Any existing irrigation facilities shall be relocated outside of the ACHD right-of-way (including all easements). 7.2.2 Private Utilities including 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 borne by the developer. EXHIBIT A Roundtree Place Subdivision H-2016-0081 PAGE 20 7.2.7 It is the responsibility of the applicant to verify all existing utilities within the right-of-way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1-811-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 7.2.8 Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District’s Utility Coordinator at 387-6258 (with file numbers) for details. 7.2.9 All design and construction shall be in accordance with the ACHD Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Standards unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 7.2.10 Construction, use and property development shall be in conformance with all applicable requirements of ACHD prior to District approval for occupancy. 7.2.11 No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant’s authorized representative and an authorized representative of ACHD. The burden shall be upon the applicant to obtain written confirmation of any change from ACHD. 7.2.12 If the site plan or use should change in the future, ACHD Planning Review will review the site plan and may require additional improvements to the transportation system at that time. Any change in the planned use of the property which is the subject of this application, shall require the applicant to comply with ACHD Policy and Standard Conditions of Approval in place at that time unless a waiver/variance of the requirements or other legal relief is granted by the ACHD Commission. EXHIBIT A Roundtree Place Subdivision H-2016-0081 PAGE 21 EXHIBIT A Roundtree Place Subdivision H-2016-0081 PAGE 22 C. Legal Description & Exhibit Map for Annexation Boundary EXHIBIT A Roundtree Place Subdivision H-2016-0081 PAGE 23 EXHIBIT A Roundtree Place Subdivision H-2016-0081 PAGE 24 D. Required Findings from Unified Development Code 1. Annexation Findings: Upon recommendation from the Commission, the Council shall make a full investigation and shall, at the public hearing, review the application. In order to grant an annexation, the Council shall make the following findings: a. The map amendment complies with the applicable provisions of the Comprehensive Plan; The Applicant is proposing to annex 5.78 acres with an R-8 zoning district and develop 23 new single-family residential homes. Council finds that the proposed map amendment complies with the provisions of the Comprehensive Plan. (see section VII above for more information). b. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; The Council finds that the proposed map amendment to the R-8 zoning district is consistent with the purpose statement for the residential districts as detailed in Section VIII above. c. The map amendment shall not be materially detrimental to the public health, safety, and welfare; The Council finds that the proposed zoning map 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 considers any oral and written testimony that was provided when determining this finding. d. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the City including, but not limited to, school districts; and, The 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 11-5B-3.E). The Council finds annexing this property with an R-8 zoning district is in the best interest of the City with the provision of a development agreement. 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; Council finds that the proposed plat is in substantial compliance with the adopted Comprehensive Plan in regard to land use, transportation, and circulation. Please see Comprehensive Plan Policies and Goals, Section VII, of the Staff Report for more information. b. Public services are available or can be made available and are adequate to accommodate the proposed development; 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.) EXHIBIT A Roundtree Place Subdivision H-2016-0081 PAGE 25 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, 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 relies 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 Council is not aware of any health, safety, or environmental problems associated with the platting of this property that should be brought to the Council’s attention. ACHD considers road safety issues in their analysis. The Council considers any public testimony that was presented when determining whether or not the proposed subdivision may cause health, safety or environmental problems of which the Commission is unaware. f. The development preserves significant natural, scenic or historic features. 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 any 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 of which the Commission is unaware. Meridian City Council Meeting DATE: September 20, 2016 ITEM NUMBER: 5J PROJECT NUMBER: H-2016-0086 ITEM TITLE: Biltmore Estates Subdivision No. 3 Final Plat for Biltmore Estates Subdivision No. 3 (H-2016-0086) by Oakwood Estates, LLC Located at W. Victory Road and West of S. Meridian Road MEETING NOTES uy APPROUP 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: September 20, 2016 ITEM NUMBER: 5K PROJECT NUMBER: H-2016-0106 ITEM TITLE: Howry Lane Subdivision No 1 Final Plat for Howry Lane Subdivision No 1 (H-2016-0106) by M3 Acquisitions, LLC Located at 5220 S Howry Lane MEETING NOTES 9 APPRO"OF-0 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: September 20, 2016 ITEM NUMBER: 5L PROJECT NUMBER: ITEM TITLE: Professional Service Agreement Professional Service Agreement for Design, Construction, and Installation of Credenza for Initial Point Gallery for the Not -to -Exceed Amount of $2,300.00 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 PROFESSIONAL SERVICES AGREEMENT for DESIGN, CONSTRUCTION, AND INSTALLATION OF CREDENZA FOR INITIAL POINT GALLERY This PROFESSIONAL SERVICES AGREEMENT for CONSTRUCTION OF CREDENZA FOR INITIAL POINT GALLERY ("Agreement") is made this X day of September, 2016 ("Effective Date"), by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho ("City"), and Old Town Meridian Woodworking, LLP, a limited liability company organized under the laws of the State of Idaho ("Contractor"). (City and Contractor may hereinafter be collectively referred to as "Parties.") WHEREAS, the City desires that public art will be a component of Meridian City Hall and to that end, instituted Initial Point Gallery, an art gallery on the thud floor of Meridian City Hall, the address of which is 33 E. Broadway Ave., Meridian, Idaho ("Initial Point Gallery"); WHEREAS, the recent expansion of office space eliminated the storage area where gallery maintenance and reception supplies were stored, and the City seeks to replace some storage capacity by commissioning the design and construction of a credenza from Contractor; WHEREAS, Contractor specializes in artistic, handcrafted, custom-made furniture incorporating a compass design portrayed in parquetry, which would appropriately represent the theme of Initial Point Gallery as well as the City of Meridian, both named in honor of the Boise Meridian Initial Point that forms the not baseline of land surveys in Idaho; NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and agreed, and in consideration of the mutual promises and covenants herein contained, the Parties agree as follows: I. SCOPE OF SERVICES. Contractor shall design and construct one (1) credenza made of wood, in accordance with the dimensions and specifications as mutually agreed in writing with the Gallery Curator, and shall deliver such credenza to Initial Point Gallery on or before December 29, 2016. II. COMPENSATION. A. Total amount. The total payment to Contractor for the design, fabrication, and installation of the Deliverables shall be two thousand three hundred dollars ($2,300.00). This amount shall constitute full compensation for any and all of Contractor's labor, materials, and costs for completion of services under this Agreement. B. Method of payment. To request payment for services rendered under this Agreement, Contractor shall provide City with an invoice, which City shall pay within thirty (3 0) days of receipt. City shall not withhold any federal or state income taxes or Social Security tax from any payment made by City to Contractor under the terms and conditions of this Agreement. Payment of all taxes and other assessments on such sums shall be the sole responsibility of Contractor. PROFESSIONAL SERVICES AGREEMENT—INITIAL POINT GALLERY CREDENZA PAGE I of 6 C. Payment schedule. Contractor shall be paid per the following schedule: 1. One thousand, one hundred and fifty dollars ($1,150.00) shall be paid to Contractor, pursuant to the method specified in this Agreement, following Contractor's submission to City of written plans for design of the credenza. 2. One thousand, one hundred and fifty dollars ($1,150.00) shall be paid to Contractor, pursuant to the method specified in this Agreement, following delivery of the completed credenza. III. TIME OF PERFORMANCE. A. Timeline. In performing, the Parties shall comply with the following timeline: By 5:00 p.m. on September 26, 2016: Contractor shall submit to the Gallery Curator written plans for design of the credenza. The Gallery Curator shall approve or approve such plans within seven (7) days of receipt thereof. 2. By 5:00 p.m. on December 29, 2016: Contractor shall deliver to City the completed credenza. By 5:00 p.m. on January 6, 2017: Following Contractor's delivery of the credenza to Initial Point Gallery and City's Inspection thereof as described herein, City shall issue a written acceptance of the credenza as delivered, or a written determination that the credenza is nonconforming. City's failure to issue written acceptance or determination of nonconformity shall constitute City's presumptive acceptance of the Deliverables as inspected. B. Time of the essence. Contractor 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. Contractor shall provide to City reasonable opportunities to review the progress of the Deliverables to ensure compliance with the timeline, upon City's request. C. Determination of nonconformity. If during the course of this Agreement City concludes that the credenza or any portion or component thereof does not conform to the plans as mutually agreed by the Parties in writing, City shall, as soon as practicable as soon as practicable, provide to Contractor written notice of the specific non -conformity and request that Contractor address the specified non -conformity. Contractor shall have fourteen (14) days to address and correct any non -conformity. If, upon City's re -inspection, City concludes that the credenza or the nonconforming portion or component thereof remains nonconforming, termination procedures may commence. PROFESSIONAL SERVICES AGREEMENT —INITIAL POINT GALLERY CREDENZA PAGE 2 of 6 IV. INSTALLATION, MAINTENANCE AND REPAIRS. A. Installation coordination. In delivering and installing the Deliverables or any portion or component thereof, Contractor shall coordinate all such activities, and/or the activities of his subcontractors and employees, with the Gallery Curator. B. First year following acceptance. Contractor shall be fully responsible for all parts and workmanship of the Deliverables for a period of one (1) year after City's acceptance of the credenza, and during such year shall replace any defective components and/or rework any defective craftsmanship in a timely fashion at no cost to City, except that during such year Contractor shall not be required to replace or repair any damage to the Deliverables caused by City; by City's agents, employees, visitors, or volunteers; or by an act of God. V. CREATION, INTEGRITY, AND OWNERSHIP OF DELIVERABLES. A. Ownership. Upon Contractor's delivery of the credenza and City's written acceptance thereof, the credenza shall be owned by City, whereupon City shall have the right to remove the credenza from public display, to modify the credenza, and to sell the credenza or any component thereof. B. Subcontracting or assignment of obligations. Contractor shall not subcontract or assign any of his obligations under this Agreement that require or that may require his professional workmanship or expertise. Contractor may subcontract or assign obligations hereunder that do not require his professional workmanship or expertise, including, but not limited to, such obligations as transport and installation of the Deliverables. Any subcontractor or assignee shall be bound by all the terms and conditions of this Agreement. VI. INDEMNIFICATION, WAIVER, AND INSURANCE. A. Indemnification. Contractor shall indemnify, save, and hold harmless the City and any and all of its employees, agents, volunteers, and/or elected officials from any and all losses, claims, and judgments for damages or injury to persons or property, and from any and all losses and expenses caused or incurred by Contractor, or by his servants, agents, employees, guests, and/or business invitees, occurring before City's acceptance of the Deliverables. B. Waiver. Contractor waives 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 Contractor's performance of this Agreement, whether such loss or damage may be attributable to known or unknown conditions or risks, except for liability arising out of concurrent or sole negligence of City or its officers, agents or employees. C. Insurance. City will provide hereunder no insurance or other coverage or benefits to Contractor or his agents, employees, or subcontractors. Contractor shall obtain all necessary insurance as may be required in order to protect his insurable interests as may be affected by the rights and obligations described within this Agreement. This includes, but is not limited to, general liability, acts and omissions, automobile, shipping, worker's compensation, or property insurance. PROFESSIONAL SERVICES AGREEMENT — INITIAL POINT GALLERY CREDENZA PAGE 3 of 6 VII. TERMINATION. A. Termination for cause. If City determines that Contractor has failed to comply with any term or condition of this Agreement, violated any of the covenants, agreements, and/or stipulations of this Agreement, falsified any record or document required to be prepared under this Agreement, engaged in fraud, dishonesty, or any other act of misconduct in the performance of this Agreement; or if either Parry willfully or negligently defaults in, or fails to fulfill, its material obligations under this Agreement; the other Parry 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 thirty (30) days after receipt of such notice to cure the default. If the default is not cured within such period, this Agreement shall be terminated upon mailing of written notice of such termination by the terminating party. This Agreement shall automatically terminate upon the death or incapacity of Contractor. B. Non -waiver of breach. A waiver of any breach or default of any provision of this Agreement shall not be construed as a waiver of a breach of the same or any other provision hereof. VIII. GENERAL PROVISIONS. A. Day-to-day communications. Communication between Contractor and City regarding credenza design, construction progress, and delivery shall occur via e-mail or telephone between Contractor and the Gallery Curator: Hillary Bodnar, Arts & Culture Specialist hbodnar@meridiancity.org 208-489-0422 B. All other 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 mailing by United States Mail, addressed as follows: Contractor: City: Old Town Meridian Woodworking, LLC City Clerk Alfred J. Scales City of Meridian 535 E. State Ave. 33 E. Broadway Avenue Meridian ID 83642 Meridian ID 83642 Either party may change its address for the purpose of this paragraph by giving written notice of such change in the manner herein provided. C. Relationship of Parties. It is the express intention of Parties that Contractor is an independent Contactor 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 Contractor and City or between Contractor and any official, agent, or employee of City. Both parties acknowledge that Contractor is not an employee of City. Contractor shall retain the right to perform services for others during the term of this Agreement. Further: PROFESSIONAL SERVICES AGREEMENT —INITIAL POINT GALLERY CREDENZA PAGE 4 of 6 1. Contractor shall not be entitled to any benefits generally granted to employees. Without limitation, but by way of illustration, benefits which are not intended to be extended by this Agreement to the Contractor include: overtime pay; vacation, holiday, sick, or other leaves of pay; medical or dental insurance; or retirement benefits. 2. Contractor is an independent contractor for purposes of the Idaho workers' compensation laws, and shall comply with all applicable workers' compensation insurance requirements. Contractor will not be eligible for any Federal Social Security, State worker's compensation or unemployment insurance payment from City. 3. All necessary equipment and supplies will be furnished by Contractor. D. Compliance with law. Throughout the course of this Agreement, Contractor shall comply with any and all applicable federal, state, and local laws. E. Non -Discrimination. Throughout the course of this Agreement, Contractor shall not discriminate against any person as to race, creed, religion, sex, age, national origin, sexual orientation or any physical, mental, or sensory handicap. F. 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. G. 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. H. Agreement governed by Idaho law. The laws of the State of Idaho shall govern the validity, interpretation, performance and enforcement of this Agreement. Venue shall be in the courts of Ada County, Idaho. I. 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. J. 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. K. Successors and Assigns. All of the terms, provisions, covenants and conditions of this Agreement shall inure to the benefit of, and shall be binding upon, each party and their successors, assigns, legal representatives, heirs, executors, and administrators. L. City Council approval required. The validity of this Agreement shall be expressly conditioned upon City Council action approving the Agreement. Execution of this Agreement PROFESSIONAL SERVICES AGREEMENT—INITIAL POINT GALLERY CREDENZA PAGE 5 of 6 by the persons referenced below prior to such ratification or approval shall not be construed as proof of validity in the absence of Meridian City Council approval. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the 20th day of September, 2016. CONTRACTOR: Alfred J Gales, P , ner Old Town Meridian Woodworking, LLC OQ`P�recp AUGUST, CITY OF MERIDIAN: i cayoI E IDS I' ' IDAND BY: - Tarnmy de Weer , Byor sn IAL Attest: A PROFESSIONAL SERVICES AGREEMENT — INITIAL POINT GALLERY CREDENZA PAGE 6 of 6 Meridian City Council Meeting DATE: September 20, 2016 ITEM NUMBER: 5M PROJECT NUMBER: ITEM TITLE: Professional Service Agreement Professional Services Agreement for Meridian Anti -Drug Coalition Strategic Prevention Framework State Incentive Grant (SPF/SIG) Program Evaluation Services for the Not -to - Exceed Amount of $9,000.00 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 PROFESSIONAL SERVICES AGREEMENT FOR MERIDIAN ANTI-DRUG COALITION STRATEGIC PREVENTION FRAMEWORK STATE INCENTIVE GRANT (SPF/SIG) PROGRAM EVALUATION SERVICES This AGREEMENT FOR PROFESSIONAL SERVICES is made this 12— day of 6 ("Effective Date"), and entered into by and between the City of Meridian, a minicipal corporation organized under the laws of the State of Idaho ("City"), and Bethany Gadzinski, an individual (Contractor"). WHEREAS, in 2014, City, by and through the Mayor's Anti -Drug Coalition ("MADC"), received a Strategic Prevention Framework State Incentive Grant ("SPF/SIG") from the Idaho Office of Drug Policy; WHEREAS, MADC has invested SPF/SIG monies in programs that seek to reduce substance abuse among youth and adults by addressing the factors in our community that increase the risk of substance abuse and promoting the factors that minimize the risk of substance abuse; WHEREAS, the SPF/SIG requires evaluation of the outcomes of such programming, and Contractor is specially trained, experienced, and competent to provide, and has agreed to provide, such evaluation services; NOW, THEREFORE, in consideration of the mutual promises, covenants, terms and conditions hereinafter contained, the parties agree as follows: I. TERMS AND CONDITIONS A. Scope of Services. 1. Contractor shall perform and furnish to City, upon execution of this Agreement, services described as attached hereto as Exhibit A. 2. Contractor shall provide services and work under this Agreement consistent with the SPF/SIG requirements and any other applicable standards established by applicable federal, state and city laws, ordinances, regulations and resolutions. Contractor represents and warrants that she will perform her work in accordance with generally accepted industry standards and practices for the profession or professions that are used in performance of this Agreement and that are in effect at the time of performance of this Agreement. B. Consideration. 1. City shall pay Contractor for services rendered in the form of a firm fixed amount, divided into monthly payments, through the completion and delivery of evaluation of SPF/SIG programs and surveys throughout the grant year. The amount paid by City to Contractor under this Agreement shall not exceed nine thousand dollars ($9,000.00). 2. To receive payment, Contractor shall provide a written, itemized invoice to the Meridian Police Department certifying Contractor's delivery of the specified evaluation work. Following verification of such delivery and conformance by the Meridian Police PROFESSIONAL SERVICES AGREEMENT — EVALUATION OF MADC PROGRAM PAGE I of 8 Department, City shall pay Contractor within thirty (30) days of receipt of such invoice. Contractor shall submit the final invoice to City no later than thirty (30) days after the expiration or termination of this Agreement. 3. Except as expressly provided in this Agreement, Contractor shall not be entitled to receive from City any additional consideration, compensation, salary, wages, or other type of remuneration for services rendered under this Agreement., including, but not limited to: meals, lodging, or transportation. Further, without limitation, Contractor shall not be entitled by virtue of this Agreement to consideration in the form of overtime, health insurance benefits, retirement benefits, paid holidays or other paid leaves of absence of any type or kind whatsoever. C. Time of performance. 1. This Agreement shall become effective as of the Effective Date upon execution by both parties, and shall expire on June 30, 2017, unless earlier terminated or mutually extended by separate written agreement. 2. The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of, and a default under, this Agreement by the party so failing to perform. D. Independent contractor. In all matters pertaining to this Agreement, Contractor shall be acting as an independent contractor, and neither Contractor nor any officer, employee or agent of Contractor shall be deemed an employee or agent of City in any manner or for any purpose. Specifically, without limitation, Contractor understands, acknowledges, and agrees: 1. Contractor is free from actual and potential control by City in the provision of services under this Agreement. 2. Contractor is engaged in an independently established trade, occupation, profession, or business. 3. Contractor has the authority to hire subordinates. 4. Contractor owns and/or will provide all major items of equipment necessary to perform services under this Agreement. 5. Neither Contractor nor City shall be liable to the other for a peremptory termination of the business relationship described under this Agreement. E. Indemnification and insurance. 1. Contractor shall indemnify and save and hold harmless City from and for any and all losses, claims, actions, judgments for damages, and/or injury to persons or property and losses and expenses and other costs including litigation costs and attorneys' fees, arising out of, resulting from, or in connection with the performance of this Agreement by Contractor and/or Contractor's officers, employs, agents, representatives and/or subcontractors and resulting in and/or attributable to personal injury, death, and/or damage and/or destruction to tangible or intangible property and not caused by or arising out of the tortious conduct of City or its employees. PROFESSIONAL SERVICES AGREEMENT — EVALUATION OF MARC PROGRAM PAGE 2 of 8 2. Contractor shall not be required by this Agreement to obtain worker's compensation insurance because she is acting as a sole practitioner; however, should Contractor, in the course of work related to this Agreement, employ any person, Contractor shall notify City and shall obtain Worker's Compensation Insurance in the statutory limits as required by law. C. Notices. Any and all notices, invoices, and/or reports required to be provided by either of the parties hereto, unless otherwise stated in this Agreement, shall be in writing and be deemed communicated when mailed by United States Mail, addressed as follows: Kendall Nagy Meridian Police Department 1401 E. Watertower Street Meridian, Idaho 83642 Bethany Gadzinski 2633 West Piazza Drive Meridian, Idaho 83642 Either party may change its address for the purpose of this section by giving written notice of such change to the other in the manner herein provided. D. Attorney fees. Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorneys' fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. E. Assignment. It is expressly agreed and understood by the parties hereto, that Contractor shall not have the right to assign, transfer, hypothecate, sell, or subcontract any of her rights or obligations under this Agreement except upon the prior express written consent of City. F. Discrimination prohibited. In performing the services required hereunder, Contractor shall not unlawfully discriminate in violation of any federal, state or local law, rule or regulation against any person on the basis of race, color, religion, sex, national origin or ancestry, age or disability. G. Reports and information. At such times and in such forms as City may require, there shall be furnished to City such statements, records, reports, data and information as City may request pertaining to matters covered by this Agreement. H. Audits and inspections. At any time during normal business hours and as often as City may deem necessary, there shall be made available to City for examination all of Contractor's records with respect to all matters covered by this Agreement. Contractor shall permit City to audit, examine, and make excerpts or transcripts from such records, and to make audits of all contracts, invoices, materials, payrolls, records of personnel, conditions of employment and other data relating to all matters covered by this Agreement. I. Publication, reproduction and use of material. No material produced in whole or in part under this Agreement shall be subject to copyright in the United States or in any other PROFESSIONAL SERVICES AGREEMENT — EVALUATION OF MARC PROGRAM PAGE 3 of 8 country. City shall have unrestricted authority to publish, disclose and otherwise use, in whole or in part, any reports, data or other materials prepared under this Agreement. J. Compliance with laws. In performing the scope of services required hereunder, Contractor shall comply with all applicable laws, ordinances, and codes of federal, state, and local governments. K. Termination: 1. Grounds for termination of this Agreement shall include, but shall not be limited to: a. Any act or omission by Contractor and/or her officers, employees, or agents, by which Contractor fails to fulfill in a timely and proper manner her obligations under this Agreement, violates any of the covenants, agreements, and/or stipulations of this Agreement, falsifies any record or document required to be prepared under this agreement, engages in fraud, dishonesty, or any other act of misconduct in the performance of this contract. b. A determination by the Meridian City Council that termination of this Agreement is in the best interest of City. c. An act or omission by either party which breaches any term of this Agreement. d. An act of nature, loss of grant funding, or other unforeseeable event which precludes or makes impossible the performance of the terms of this Agreement by either party. e. A change in circumstances that renders the performance by either party a detriment to the public health, safety, or welfare. 2. Either parry may terminate this Agreement by providing written notice of intention to terminate. Such written notice shall include a description of the breach or circumstances providing grounds for termination. A seven (7) day cure period shall commence upon mailing of the notice of intention to terminate. If, upon the expiration of such cure period, cure of the breach or circumstances providing grounds for termination has not occurred, this Agreement may be terminated upon mailing of written notice of termination. 3. In the event of any termination of this Agreement for any reason and/or by either parry, all finished or unfinished documents, data, and reports prepared by Contractor under this Agreement shall become City's property, and Contractor shall be entitled to receive just and equitable compensation for any work satisfactorily completed hereunder, not to exceed the maximum amount set forth herein. 4. Notwithstanding the above or any other provision of this Agreement, Contractor shall not be relieved of liability to City for damages sustained by City by virtue of any breach of this Agreement by Contractor, and City may withhold any payments to Contractor for the purposes of set-off until such time as the exact amount of damages due City from Contractor is determined. This provision shall survive the termination of this agreement and shall not relieve Contractor of her liability to City for damages. L. Construction and severability. If any part of this Agreement is held to be invalid or unenforceable, such holding will not affect the validity or enforceability of any other part PROFESSIONAL SERVICES AGREEMENT — EVALUATION OF MADC PROGRAM PAGE 4 of 8 of this Agreement so long as the remainder of the Agreement is reasonably capable of completion. M. Advice of attorney. Each party warrants and represents that in executing this Agreement, it has received independent legal advice from its respective attorney and/or has received the opportunity to seek such advice. N. Non -waiver. Failure of either party to promptly enforce the strict performance of any term of this Agreement shall not constitute a waiver or relinquishment of any party's right to thereafter enforce such term, and any right or remedy hereunder may be asserted at any time after the governing body of either parry becomes entitled to the benefit thereof, notwithstanding delay in enforcement. O. Entire agreement. This Agreement contains the entire agreement of the parties and supersedes any and all other agreements or understandings, oral of written, whether previous to the execution hereof or contemporaneous herewith. P. Applicable law. This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Idaho. Q. Approval required. This Agreement shall not become effective or binding until approved by the governing body of City. CONTRACTOR: L BY: L4 Bethany Ga nski�QO�p?EDAU,0 o CITY OF MERIDIAN: =G Ch or ,w EIDIAN!_ � IDAHO BY: SEAL ^ Tammy de W r , Mayor TF� OJ�v Attest: Clerk PROFESSIONAL SERVICES AGREEMENT — EVALUATION OF MARC PROGRAM PAGE 5 of 8 EXHIBIT A SCOPE OF SERVICES E. EVALUATION El. Tool The type of data that will be collected to measure the effectiveness of the strategies and activities of the 12 Month Coalition Action Plan. The project evaluation for MADC is broken down into Coalition Process Evaluation and Program/Objective Outcome Evaluation. Outcome data is collected utilizing already existing surveys/data tools and measures changes in the usage and perception of participants that is consistent with the goals of the project. The environmental scan of existing policies, community attitudes, behaviors, perceptions to identify gaps in the current prevention system in Meridian is completed yearly and will be continually updated to provide current data that MADC can base changes in our yearly action plan on. Coalition Process data is collected utilizing key informant interviews, brief individual telephone interviews/group interviews or written surveys, attendance lists, meeting minutes, and bi-yearly Kaizen assessments. The sole purpose of the project evaluation is to answer two questions: (1) Are the efforts of MADC reducing substance abuse among youth and, over time, among adults and (2) are the efforts of MADC establishing and strengthening collaboration among our communities, private nonprofit agencies, and federal, state, local, and tribal governments to support the efforts of our coalition to prevent and reduce substance abuse among youth. Evaluating our Environmental Change Strategies: Environmental change strategies have specific advantages over strategies that focus exclusively on the individual. Because they target a much broader audience, they have the potential to produce widespread changes in behavior at the population -level. When implemented effectively, they can create shifts in both individual attitudes and community norms that can have long-term, substantial effects: a more cost-effective solution. Ideally, the most effective prevention approaches, such as those described in our action plan, are those that include a blend of environmental strategies that align with and reinforce prevention strategies directed at individuals. But evaluating the success of environmental change strategies can be challenging; it requires a shift in thinking—from the individual as the unit of analysis to the population. We have selected the CDC developed CHANGE tool to conduct our evaluation of the environmental change strategies we deploy. Our Process Evaluation: Our process evaluation looks at how well we are developing as a coalition. It helps us determine the degree to which members are actively involved in all aspects of the coalition. Our methods for collecting process data include interviews and bi-annual coalition process assessments utilizing the Kaizen assessment tool. Outcome Evaluation: Our outcome evaluation measures the results of the program's we support, determining whether a program or strategy produced the desired changes it intended to achieve. We utilize the following tools in evaluating program outcomes: ➢ DFC Support Program Evaluation of Core Measures Survey PROFESSIONAL SERVICES AGREEMENT — EVALUATION OF MADC PROGRAM PAGE 6 of 8 ➢ MADC Community Assessment — as part of MADC's Drug Free Communities grant, a city level environmental scan is conducted every other year. ➢ 1DHS Region 4 assessment — this assessment is conducted by Idaho's Single State Authority each year to determine prevention program funding ➢ Drug Take Back Survey — This is a voluntary survey given to community members dropping of their prescription medications at the twice annual DEA sponsored Take -Back event. ➢ Local school incident report data ➢ Local police data How the coalition will measure and analyze the data collected. The evaluation methodology framework will be a Community -Based Participatory model (CBPR). This model was chosen because it fully includes stakeholders. Most methodologies that use stakeholder input have an advisory committee who "blesses" the evaluation. In CBPR, stakeholders actually help design and interpret the evaluation. The CBPR is particularly appropriate for the community coalition movement. Participants in the CBPR are co -collaborators with the professional evaluator. The Kellogg Foundation defines CBPR as a collaborative approach to research that equitably involves all partners in the research process and recognizes the unique strengths that each brings. CBPR begins with a research topic of importance to the community, has the aim of combining knowledge with action and achieving social change to improve health outcomes and eliminate health disparities. Because the Coalition understands we do not have all the experience and capability needed to lead and update a CBPR evaluation for our local needs and coalition process assessment, both the outcome and process evaluation will be led by contracted evaluator Bethany Gadzinski. As the former States Single State Authority Director for Substance Abuse Prevention and Treatment, Ms. Gadzinski has access to a multitude of State, Regional and local data bases. Ms. Gadzinski has been collecting, analyzing and reporting local and State project evaluation data for the past 12 years. Ms. Gadzinski, will collect all data from individual programs. Each program will assign unique identifiers to preserve program participant confidentiality; the identity of program participants cannot be determined by any of the records or notations retained on file. Participation is strictly voluntary. Program participants will always be informed of the purpose of the evaluation and will be advised that their participation or lack thereof does not affect program eligibility or participation. When necessary, data collection will be conducted in the native language of the client. In addition, data reports will segregate data by cultural factors including age, gender, sexual orientation, race and ethnicity to address culturally appropriate data collection issues and compare data to the aggregate client population. Data changes will be tracked and reported using an Access data base that can be interfaced with SPSS software. The data will be used at two levels. First, it will be used as a means of evaluating coalition project activities. The data can provide information needed to either focus or redirect activities at the community level. Second, the data will be an additional input for the evaluation team. Members of the team can use the data to more closely evaluate the Meridian community. Additionally, the evaluation team will use the data to refine its assessment of needs and gaps. E2. Barriers Describe, citing specific examples, barriers and challenges to data collection and evaluation and your plans to overcome them. PROFESSIONAL SERVICES AGREEMENT — EVALUATION OF MARC PROGRAM PAGE 7 of 8 Anticipating and handling potential barriers to the success of our evaluation is an important component in the evaluation process. A number of factors may influence the direction and/or success of our evaluation. Listed below are categories of factors that may influence our evaluation. Funding. Funding is typically the barrier most frequently experienced when conducting a comprehensive evaluation of a program. Evaluation requires substantial resources, and program coordinators frequently place higher priority on meeting service needs than on evaluation. Funding agencies contribute to this situation if they require evaluation without specifying the level at which it is to be done or do not allocate adequate resources for both service delivery and evaluation. To overcome this barrier we have requested the maximum amount of local evaluation funding allowed under this grant — 9%. Evaluation expertise. Contracting with an external evaluator requires a greater commitment of program funds but provides access to a higher level of expertise than is likely to be found among program coordinators or staff. To overcome this barrier we have selected to contract with an experienced local evaluator. Interference with program/school activities. There is a concern that the time required for evaluation activities adds to the workload of the person collecting the data and, in the case of the student survey, adds to an already overloaded school year. We plan to overcome this barrier by continuing the long standing dialogue with the school system and using only one, short and concise evaluation tool for prevention programs. PROFESSIONAL SERVICES AGREEMENT - EVALUATION OF MADC PROGRAM PAGE 8 Of 8 Meridian City Council Meeting DATE: September 20, 2016 ITEM NUMBER: 5N PROJECT NUMBER: ITEM TITLE: Wahooz / Pinz Release of Water Main Easement at Wahooz / Pinz MEETING NOTES u 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 RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City of Meridian Attention: City Clerk 33 East Broadway Avenue Meridian, ID 83642 ADA COUNTY RECORDER Christopher D. Rich 2016-089365 BOISE IDAHO Pgs=3 VICTORIA BAILEY 09/21/2016 09:53 AM CITY OF MERIDIAN, IDAHO NO FEE CITY OF MERIDIAN RELEASE OF WATER MAIN EASEMENT (Space Above For Recorder's Use) WHEREAS, by easement dated October 26th, 2006, and recorded on November 20, 2006 as Instrument Number 106182604 of the records of Ada County, State of Idaho, Boondocks Properties LLC granted to the City of Meridian, an Idaho Municipal Corporation, a water main easement for the construction, operation and maintenance of a water line over and across the real property legally described in Exhibit "A" and depicted on Exhibit `B" attached hereto and incorporated herein. WHEREAS, the continuance of this easement is no longer necessary or desirable. NOW, THEREFORE, in consideration of the premises, the said City of Meridian does hereby release and abandon the said rights and easements hereinabove referred to and described, with the intent that the same shall forthwith cease and be extinguished. IN WITNESS WHEREOF, THE CITY OF MERIDIAN has caused these presents to be executed by its proper officers thereunto duly authorized this Z day of September, 2016 CITY OF MERIDIAN o�QOp.ZEDA j6� 0 City of B y E IDIAN� Tamm d eerd, Mayor �o�Mo ATTEST Z� SEAL A .Jay C s, Clerk FZT� �,`) STATE OF IDAHO ss County of Ada ) On this D day of September, 2016, before me, a Notary Public, personally appeared Tammy de Weerd and C.Jay Coles, know or identified to me to be the Mayor and Clerk, respectively, of the City of Meridian, who 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 .rigpp• • • • •,, MA cAu I4 L" No tt (SEAL) • • 9 Notary Public f Idaho Residing at: ��� • ,; ; r %.a Commission expires: e' 4HO 00 0041••••• MaIMIT "Xl A tract of land situated within Lot 4 and a portion of Lot 5, Bloch 1 of Interstate Center Subdivision Bk. 74, Pgs ,7656 & 7657 within the SE z/4 of Section 13, Township 3 North, Range 1 West, B.M. City of Wridian, ADA County, Idaho and described as follows - Cotamencing at the intawction, of King Sahnon. Lane (private) and Blue Marlin Lane (private) of Lot 4 and a, portion cif Lo t: 5, Block 1 thence northerly along the centerline of King Salamon,Dme North 891146'23" West a distance of 117.38 feet to a point; thence South WOW" West a distance of 30.00 feet to the POINT OFBVGTNN-fNG. 'Thence North 000001001 least distance of 34.80 feet; thence South 90°{10'01}" Neat.. a distance of 10-00 feet thence; North 00'00'00"East a distance of 20.00 feet, thence North 9G100'00" Fast a distance of 30.00 feet thence; South 00*00W'Fasi a distanceof 54.88 feet'; thence North 90°00T( ",Nest a distance of 20-00 feet to the POINT OF BEGEqNING. The above-desoribed tract of land contains 0.03 acres or 1,297 sqime feet more or less and is subject to all existing easements and tight -of -ways. 11 See Exhibit "A" attached hereto and made apart of, EXHIBIT B 'Exlr'ffA_TER_ f N 84*4623" W 250.00' KING SALMON LANE (PRIVATE) LINE TABLE UW LI hIGlH BEARING Ll 11,7.38 N89-46'24:Lff L230k6 10013'37"r L3 34:85N0040'OTE I L4 10.00 F#04"01'40 VP LS 20.00 40 U 54.88 500 130'00 Yf La moo Meridian City Council Meeting DATE: September 20, 2016 ITEM NUMBER: 50 PROJECT NUMBER: ITEM TITLE: Acceptance Agreement Acceptance Agreement - Meridian City Hall Plaza Artwork: "Out on the Town" MEETING NOTES I�11 r r� ���,V)tfy Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS ACCEPTANCE AGREEMENT MERIDIAN CITY HALL PLAZA ARTWORK: "OUT ON THE TOWN" This ACCEPTANCE AGREEMENT is made this aD day of September, 2016 ("Effective Date"), by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho ("City"), and and Daniel Borup, an individual whose address is 426 Walnut Street, Shelley, Idaho ("Artist"). (City and Artist may hereinafter be collectively referred to as "Parties.") WHEREAS, on September 8, 2016, Artist installed at Meridian City Hall artwork entitled "Out on the Town," an installation of three bronze sculptures depicting three children enjoying a day in Meridian ("Artwork"); WHEREAS, on January 26, 2016, City and Artist entered into a Professional Services Agreement for Fabrication and Installation of Meridian City Hall Plaza Artwork ("January 26, 2016 Agreement") that includes, in Section II.C.3, a requirement that the parties enter into a mutually agreed-upon acceptance agreement as a condition of the City's Final Acceptance of the artwork designed, created, and installed by Artist pursuant to the January 26, 2016 Agreement; NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby, and in the January 26, 2016 Agreement, acknowledged and agreed, and in consideration of the mutual promises and covenants herein contained, the Parties agree as follows: I. INDEMNIFICATION. Artist hereby indemnifies and saves and holds harmless City and its respective employees, elected officials, agents, guests, and/or business invitees, from any and all liabilities, losses, claims, actions, and/or judgments for damages, expenses, and/or injury to any person or property caused or incurred by or as the result of the performance of or failure to perform any work or service under or related to the January 26, 2016 Agreement. Artist specifically hereby indemnifies and saves and holds harmless City and its respective employees, elected officials, agents, guests, and/or business invitees, from any and all liabilities, losses, claims, actions, judgments for damages, expenses, or injury to any person or to property arising as a result of: A. Artist's failure, or the failure of any agent, employee, or subcontractor of Artist to exercise reasonable care, skill or diligence in the performance of any work or service under or related to the January 26, 2016 Agreement and any and all addenda thereto; B. Any breach of any representation, warranty or covenant made by Artist, or by any of Artist's agent(s), employee(s), or subcontractor(s); C. Artist's infringement of or upon any intellectual property rights, whether intentional or unintentional, known or unknown, including any copyright or patent arising out of the reproduction or use in any manner of any plans, designs, drawings, specifications, information, material, sketches, notes or documents created by Artist in the performance of any work or service under the January 26, 2016 Agreement and any and all addenda thereto; and/or ACCEPTANCE AGREEMENT OUT ON THE TOWN PAGE I of 2 II. WAIVER. Artist hereby waives and releases, on behalf of himself, his employees, agents, heirs, executors, administrators, assigns, and/or personal representatives, any and all claims and/or rights for damages he now has or may hereafter have against the City of Meridian and/or its employees, elected officials, agents, guests, and/or business invitees, suffered in connection with or arising out of the performance of any work or service under or related to the January 26, 2016 Agreement. Except as otherwise expressly delineated in the January 26, 2016 Agreement, Artist hereby waives any and all right, title, or interest in the Artwork and/or all items created Larder, assembled pursuant to, and/or otherwise related to the January 26, 2016 Agreement and any and all addenda thereto. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the X day of September, 2016, ARTIST: Daniel E. Borup CITY OF MERIDIAN: �Q&ATED,44,0 BY: Tammy e eerd, Mayor n Eq �e P �`rhN TR ASO Attest: C.y Co e , rty Clerlc ACCEPTANCE AGREEMENT OUT ON THE TOWN PAGE 2 of 2 Meridian City Council Meeting DATE: September 20, 2016 ITEM NUMBER: 5P PROJECT NUMBER: ITEM TITLE: Warranty Surety Waiver Agreement Warranty Surety Waiver Agreement with West Ada School District for Hillsdale Elementary School 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: September 20, 2016 ITEM NUMBER: 5Q PROJECT NUMBER: ITEM TITLE: Warranty Surety Waiver Agreement Warranty Surety Waiver with West Ada School District for Victory Middle School 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: September 20, 2016 ITEM NUMBER: 5R PROJECT NUMBER: ITEM TITLE: Resolution Resolution No. i & - Ub : Resolution to Destroy Semipermanent Records of the Community Development Department, Building Services Division MEETING NOTES A M On AP kl� 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. 16- 1 &- U BY THE CITY COUNCIL: BIRD, BORTON, CAVENER, LITTLE ROBERTS, MILAM, PALMER A RESOLUTION OF THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN AUTHORIZING THE CITY CLERK TO DESTROY CERTAIN SEMIPERMANENT RECORDS OF THE BUILDING SERVICES DIVISION OF THE COMMUNITY DEVELOPMENT DEPARTMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, pursuant to Idaho Code section 50-907(7)(b) and the City of Meridian Records Retention Schedule adopted pursuant to Idaho Code section 50-907(5), the Mayor and City Council may authorize the destruction of semipermanent records upon the advice of the City Attorney and under the direction and supervision of the City Clerk; and WHEREAS, the City Clerk has identified certain semipermanent records that may be destroyed pursuant to Idaho Code section 907(7)(b), 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 semipermanent records of the Building Services Division of the Community Development Department: RECORDS TO BE DESTROYED DESCRIPTION YEARS Building applications for PTWin files related to residential buildings and projects, 1/1/2006— residential projects and including building, mechanical, plumbing, and electrical 8/8/2011 buildings permits and inspection records and certificates of occupancy (and copies thereof stored on microfilm) 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 20th day of September, 2016. APPROVED by the Mayor of the City of . , Idaho, this 20th day of September, 2016. PQ0 UG�s i APP =c,° �� ATTEST: rely or w EIDIANs- WANO SEAL A By. Mayor Tammy eerd ��� C. ay C s, ity Clerk RESOLUTION AUTHORIZING DESTRUCTION OF BUILDING DIVISION RECORDS PAGE I OF I Meridian City Council Meeting DATE: September 20, 2016 ITEM TITLE: Resolution ITEM NUMBER: PROJECT NUMBER: 5S Resolution No. lb ` 11 : A Resolution of the Mayor and City Council of the City of Meridian to Amend the Future Land Use Map of the 2002 Comprehensive Plan for 68.15 Acres known as Silverstone Apartments Generally Located at 4225 E. Overland Road, in the NE'/4 of Section 21,Township 3 North, Range 1 East, Meridian, Idaho; and Providing an Effective Date. MEETING NOTES Ff 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 CITY OF MERIDIAN RESOLUTION NO. — 1t 61 BY THE CITY COUNCIL: BIRD, BORTON, CAVENER, MILAM, PALMER, LITTLE ROBERTS A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN TO AMEND THE FUTURE LAND USE MAP OF THE 2002 COMPREHENSIVE PLAN FOR 68.15 ACRES KNOWN AS SILVERSTONE APARTMENTS GENERALLY LOCATED AT 4225 E. OVERLAND ROAD, IN THE NE 1/4 OF SECTION 21, TOWNSHIP 3 NORTH, RANGE 1 EAST, MERIDIAN, IDAHO; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Mayor and Council have the authority pursuant to Idaho Code § 50-302 to establish resolutions not inconsistent with the laws of the state of Idaho as may be expedient, in addition to the special powers therein granted, to maintain the peace, good government and welfare of the corporation and its trade, commerce and industry; and WHEREAS, the City of Meridian Comprehensive Plan was adopted in August in 2002 as resolution 02-382; and WHEREAS, the Mayor and Council have deemed it appropriate to amend the future land use map of the 2002 Comprehensive Plan for approximately 25.97 acres of land from Medium Density Residential (MDR) to Mixed Use - Regional District (W -R) and 42.18 acres of land from Boise City's AOCI to Medium Density Residential (MDR). Said land is known as Silverstone Apartments and is generally located at 4225 E. Overland Road, in the NE 1/4 of Section 21, Township 3 North, Range 1 East, Meridian, Idaho, Ada County; and WHEREAS, the Mayor and City Council have provided all the requisite notices, held the necessary hearings, and received the required information necessary to make a final decision as required by the Idaho Local Land Use Planning Act to amend the adopted comprehensive plan. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO AS FOLLOWS: SECTION 1. Pursuant to Idaho Code §67-6509, the Mayor and City Council hereby amend the City of Meridian Comprehensive Plan and Land Use Map, a copy of which is attached COMPREHENSIVE PLAN AMENDMENT FOR FUTURE LAND USE MAP — SILVERSTONE APARTMENTS CPAM H-2016- 0060 Pagel of 2 hereto incorporated herein by reference. A copy of this Resolution and the attached amendment shall be held on file in the office of the City Clerk. SECTION 2. EFFECTIVE DATE. 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 X day of �eP"%be/Y .2016. APPROVED by the Mayor of the City of Meridian, Idaho, this �O day of kP71"/-0--- 2016. �QoRp' E D ,16G �� o 0' E� i IDIAN�- � IDAHO SEAL S/ ATTEST: By: Jay C 1 s, ity Clerk APPROVED: Mayor Ta de Weerd COMPREHENSIVE PLAN AMENDMENT FOR FUTURE LAND USE MAP - SILVERSTONE APARTMENTS CPAM H-2016- 0060 Page 2 of 2 Meridian City Council Meeting DATE: September 20, 2016 ITEM NUMBER: 5T PROJECT NUMBER: ITEM TITLE: Resolution No. l% — 1( b -)- : Resolution Signifying City's Final Acceptance of Meridian City Hall Plaza Artwork "Out on the Town" by Daniel Borup 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 CITY OF MERIDIAN RESOLUTION NO. BY THE CITY COUNCIL: BIRD, BORTON, CAVENER, MILAM, ROUNTREE, ZAREMBA A RESOLUTION OF THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN SIGNIFYING FINAL ACCEPTANCE OF "OUT ON THE TOWN," BY DANIEL BORUP, AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Daniel Borup ("Artist") created, and installed at Meridian City Hall plaza, in Meridian, Idaho, a public art piece for the City and people of Meridian: an installation of three bronze sculptures depicting three children enjoying a day in Meridian entitled "Out on the Town" ("Artwork"); WHEREAS, this Artwork has been inspected by the City Building Official and accepted by the City of Meridian, and the fabrication and installation of "Out on the Town" has been found to be compliant with the specifications set forth in the Professional Services Agreement for Fabrication and Installation of Meridian City Hall Plaza Artwork executed by the parties on January 26, 2016 ("January 26, 2016 Agreement"); WHEREAS, pursuant to the January 26, 2016 Agreement, Artist submitted a Maintenance Plan for the artwork, attached hereto as Exhibit A; and executed an Acceptance Agreement contemporaneously herewith; WHEREAS, by these actions and submissions Artist did timely execute Final Completion as that term is defined by the January 26, 2016 Agreement, and "Out on the Town" was installed and dedicated to the people of the City of Meridian on or about September 9, 2016; NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN CITY, IDAHO: Section 1. That the City of Meridian hereby accepts the delivery of "Out on the Town" as designed, created, and installed by Artist, and by this instrument the City conveys its Final Acceptance thereof, as that term is defined by the January 26, 2016 Agreement. Section 2. 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 %0 day of September, 2016. APPROVED by the Mayor of the City of Meridian, Idaho, this cXJ- day of September, 2016. CORPORAA APPROVED: ��' °qGc ATTEST: G T V l„P�P � n o y: Mayor TammyXeWeerd , ' ���,w C.Jay C s EXHIBIT A MAINTENANCE PLAN Meridian City Council Meeting DATE: September 20, 2016 ITEM NUMBER: 5U PROJECT NUMBER: H-2016-0107 ITEM TITLE: Rainer Villas Final Plat for Rainer Villas (H-2016-0107) by Intermountain Pacific, LLC Located West of Meridian Road and South of West Penwood Street and North of West Corporate Drive. Request: A Final Plat of Fifteen (15) Residential Lots and Five (5) Common Lots on 5.354 Acres in an Existing C -G Zoning District MEETING NOTES 9 APPROVES 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: September 20, 2016 ITEM NUMBER: 7A PROJECT NUMBER: ITEM TITLE: Mayor's Office Mayor's Office: Resolution No. /i,,— /�6- 5 : Resolution Appointing Ella Kramer as the Youth Member of the Meridian Historic Preservation Commission MEETING NOTES c✓ 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 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, APPOINTING ELLA KRAMER AS A YOUTH MEMBER TO THE HISTORIC PRESERVATION COMMISSION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Meridian City Code Title 2, Chapter 3 establishes the Historic Preservation Commission; WHEREAS, Meridian City Code Section 2-1-1 establishes roles, responsibilities, membership and terms of appointment for all Meridian City Commissions; WHEREAS, the City Council of the City of Meridian recognizes and values the unique perspective and input of the youth of the Meridian community as it pertains to history within the City, and to that end Meridian City Code § 2-1-1(c)(2) states that a youth member may be appointed to Commissions; WHEREAS, the City Council of the City of Meridian deems the appointment of Ella Kramer to the Historic Preservation Commission, to be in the best interest of the City of Meridian; and NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN CITY, IDAHO: Section 1. That, pursuant to Meridian City Code §2-1-1, Ella Kramer is hereby appointed as Youth Member of the Meridian Historic Preservation Commission, for a term to expire on August 31, 2017. Section 2. 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 Zday of September, 2016. APPROVED by the Mayor of the City of Meridian, Idaho, this %0 day of September, 2016. ATTE' 0-0 Mayor T de Weerd ELLA KRAMER - YOUTH COMMISSIONER APPOINTMENT FOR HISTORIC PRESERVATION COMMISSION Page I of I Meridian City Council Meeting DATE: September 20, 2016 ITEM NUMBER: 7B PROJECT NUMBER: ITEM TITLE: Mayor's Office Mayor's Office: Resolution No. lb - !/ 6 � : Resolution Appointing Lance Baumgartner as Youth Member to the Meridian Transportation Commission MEETING NOTES M" 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 CITY OF MERIDIAN RESOLUTION NO. /( " ll 6 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, APPOINTING LANCE BAUMGARTNER AS A YOUTH MEMBER TO THE MERIDIAN TRANSPORTATION COMMISSION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Meridian City Code Title 2, Chapter 7 establishes the Meridian Transportation Commission; WHEREAS, Meridian City Code Section 2-1-1 establishes roles, responsibilities, membership and terms of appointment for all Meridian City Commissions; WHEREAS, the City Council of the City of Meridian recognizes and values the unique perspective and input of the youth of the Meridian community as it pertains to transportation within the City, and to that end Meridian City Code § 2-1-1(c)(2) states that a youth member may be appointed to Commissions; WHEREAS, the City Council of the City of Meridian deems the appointment of Lance Baumgartner to the Meridian Transportation Commission, to be in the best interest of the City of Meridian; and NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN CITY, IDAHO: Section 1. That, pursuant to Meridian City Code §2-1-1, Lance Baumgartner is hereby appointed as Youth Member of the Meridian Transportation Commission, for a term to expire on August 31, 2017. Section 2. 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 Z day of September, 2016. APPROVED by the Mayor of the City of Meridian, Idaho, this ;0 day of September, 2016. eQ°��ti° nt,o�sT, APPROVED: A City of C.�►'I E ID IDAHO � Mayor Ta de ATTEST: J SEAL. adv By: i l�Rortae TREPSJP� Clay Co , City Clerk LANCE BAUMGARTNER - YOUTH COMMISSIONER APPOINTMENT FOR MERIDIAN TRANSPORTATION COMMISSION Page 1 of 1 Meridian City Council Meeting DATE: September 20, 2016 ITEM NUMBER: 7C PROJECT NUMBER: ITEM TITLE: Mayor's Office Mayor's Office: Resolution No. � ` 116-� : Resolution Appointing Taylor Farmer as Youth Member to Meridian Arts Commission MEETING NOTES 9 APPROVES 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. 16— // 6 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, APPOINTING TAYLOR FARMER AS A YOUTH MEMBER TO THE MERIDIAN ARTS COMMISSION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Meridian City Code Title 2, Chapter 2 establishes the Meridian Arts Commission; WHEREAS, Meridian City Code Section 2-1-1 establishes roles, responsibilities, membership and terms of appointment for all Meridian City Commissions; WHEREAS, the City Council of the City of Meridian recognizes and values the unique perspective and input of the youth of the Meridian community as it pertains to arts within the City, and to that end Meridian City Code § 2-1-1(c)(2) states that a youth member may be appointed to Commissions; WHEREAS, the City Council of the City of Meridian deems the appointment of Taylor Farmer to the Meridian Arts Commission, to be in the best interest of the City of Meridian; and NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN CITY, IDAHO: Section 1. That, pursuant to Meridian City Code §2-1-1, Taylor Farmer is hereby appointed as Youth Member of the Meridian Arts Commission, for a term to expire on August 31, 2017. Section 2. That this Resolution shall be in fall force and effect immediately upon its adoption and approval. ADOPTED by the City Council of the City of Meridian, Idaho, this day of September, 2016. APPROVED by the Mayor of the C' f Meridian, Idaho, this /�D day of September, 2016. _aA? t DAU.._ ATTEST: By: C.day C APPROVED: �� �► o Com►'[ E(�IDIAN.. -4 IDAHO \�� SEAW� 1 Mayor Ta de Weerd Clerk TAYLOR FARMER - YOUTH COMMISSIONER APPOINTMENT FOR MERIDIAN ARTS COMMISSION Page 1 of 1 Meridian City Council Meeting DATE: September 20, 2016 ITEM NUMBER: 7D PROJECT NUMBER: ITEM TITLE: Mayor's Office Mayor's Office: Resolution No. �� d i� G% : A Resolution Appointing Kayla McNay as Youth Member to the Meridian Parks and Recreation Commission MEETING NOTES mt APPROIED 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. l 6 _ 11 6& 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, APPOINTING KAYLA MCNAY AS A YOUTH MEMBER TO THE PARKS AND RECREATION COMMISSION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Meridian City Code Title 2, Chapter 4 establishes the Parks and Recreation Commission; WHEREAS, Meridian City Code Section 2-1-1 establishes roles, responsibilities, membership and terms of appointment for all Meridian City Commissions; WHEREAS, the City Council of the City of Meridian recognizes and values the unique perspective and input of the youth of the Meridian community as it pertains to parks and recreation within the City, and to that end Meridian City Code § 2-1-1(c)(2) states that a youth member may be appointed to Commissions; WHEREAS, the City Council of the City of Meridian deems the appointment of Kayla McNay to the Parks and Recreation Commission, to be in the best interest of the City of Meridian; and NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN CITY, IDAHO: Section 1. That, pursuant to Meridian City Code §2-1-1, Kayla McNay is hereby appointed as Youth Member of the Meridian Parks and Recreation Commission, for a term to expire on August 31, 2017. Section 2. 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 )' day of September, 2016. APPROVED by the Mayor of the City of Meridian, Idaho, this � day of September, 2016. �cr APPROVED: PIAN*. mio�Ho o� SEAL MayorT y de Weerd ATTEST: �' �P�v ��rha TREASV�� By: C. v Cold'J Clerk KAYLA MCNAY - YOUTH COMMISSIONER APPOINTMENT FOR PARKS AND RECREATION COMMISSION Page I of I Meridian City Council Meeting DATE: September 20, 2016 ITEM NUMBER: 7E PROJECT NUMBER: ITEM TITLE: Mayor's Office Mayor's Office: Resolution No. ��" ���� : A Resolution Appointing Vicforiah Madrigal as Youth Member to Meridian Solid Waste Advisory Commission MEETING NOTES rte✓ 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 CITY OF MERIDIAN RESOLUTION NO. l l 6 7 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, APPOINTING VICTORIAH MADIRGAL AS A YOUTH MEMBER TO THE MERIDIAN SOLID WASTE ADVISORY COMMISSION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Meridian City Code Title 2, Chapter 6 establishes the Meridian Solid Waste Advisory Commission; WHEREAS, Meridian City Code Section 2-1-1 establishes roles, responsibilities, membership and terms of appointment for all Meridian City Commissions; WHEREAS, the City Council of the City of Meridian recognizes and values the unique perspective and input of the youth of the Meridian community as it pertains to solid waste within the City, and to that end Meridian City Code § 2-1-1(c)(2) states that a youth member may be appointed to Commissions; WHEREAS, the City Council of the City of Meridian deems the appointment of Victoriah Madrigal to the Meridian Solid Waste Advisory Commission, to be in the best interest of the City of Meridian; and NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN CITY, IDAHO: Section 1. That, pursuant to Meridian City Code §2-1-1, Victoriah Madrigal is hereby appointed as Youth Member of the Meridian Solid Waste Advisory Commission, for a term to expire on August 31, 2017. Section 2. 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 day of September, 2016. APPROVED by the Mayor of the City of Meridian, Idaho, this �O day of September, 2016. _„RATED Al,— ATTEST: A Clerk c1ID w s Mayor T SEAL eerd VICTORIAH MADRIGAL - YOUTH COMMISSIONER APPOINTMENT FOR MERIDIAN SOLID WASTE ADVISORY COMMISSION Page 1 of 1 Meridian City Council Meeting DATE: September 20, 2016 ITEM NUMBER: 7F PROJECT NUMBER: ITEM TITLE: Mayor's Office Mayor's Office: Resolution No. ��' �� (� b : A Resolution Appointing Mark Nelson to Seat 2 and Reappointing Steven Cory to Seat 4 of the Solid Waste Advisory Commission MEETING NOTES r✓ 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 CITY OF MERIDIAN RESOLUTION NO. 16 — /f 6 4 BY THE CITY COUNCIL: BIRD, BORTON, CAVENER, LITTLE ROBERTS, MILAM, AND PALMER A RESOLUTION OF THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN REAPPOINTING STEVEN CORY TO SEAT 4 OF THE SOLID WASTE ADVISORY COMMISSION; APPOINTING MARK NELSON TO SEAT 2 OF THE SOLID WASTE ADVISORY COMMISSION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Meridian City Code § 2-1-1(C)(1) provides that members of the Solid Waste Advisory Commission shall be appointed by the Mayor and approved by the City Council on a majority vote, that vacancies shall be filled in the same manner as original appointments, and that the appointee shall serve for the remainder of the unexpired term; WHEREAS, the Mayor and City Council find that it is in the best interest of the people of Meridian to reappoint Steven Cory to Seat 4 of the Solid Waste Advisory Commission; and WHEREAS, the Mayor and City Council find that it is in the best interest of the people of Meridian to appoint Mark Nelson to Seat 2 of the Solid Waste Advisory Commission; NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN CITY, IDAHO: Section 1. That Steven Cory is hereby reappointed to Seat 4 of the Solid Waste Advisory Commission, for a term to expire on September 30, 2019. Section 2. That Mark Nelson is hereby appointed to Seat 2 of the Solid Waste Advisory Commission, to complete that seat's term to expire on September 30, 2018. 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 20th day of September, 2016. APPROVED by the Mayor of the City of Meridian, Idaho, this 20th day of September, 2016. Q0RPTEO A(�GG 0 m ; APPROVED: s , �p C 01} of o -�►'1 E PIAN 210AHO SEAL Mayor Ta e Weerd ATTEST: P T�R6`1 he 7REA5V��,y By: C41ay Co s, ity Clerk RESOLUTION APPOINTING STEVE CORY AND MARK NELSON TO SWAC PAGE 1 OF 1 Meridian City Council Meeting DATE: September 20, 2016 ITEM NUMBER: $A PROJECT NUMBER: ITEM TITLE: Public Hearing: Republic Services Proposed 2017 Fee Schedule MEETING NOTES L11 Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS CITY OF MERIDIAN CITY COUNCIL PUBLIC HEARING SIGN -IN SHEET Date: September 20, 2016 Item # Project Number: Project Name: Republic Services 2017 Fee Schedule Please print your name CITY OF c>t For Against Neutral Do you wish to testifv (Y/N) Meridian City Council Meeting DATE: September 20, 2016 ITEM NUMBER: 8B PROJECT NUMBER: H-2016-0082 ITEM TITLE: Silverwater South Public Hearing For Silverwater South (H-2016-0082) by Trilogy Development Located at South of E. Victory Road and West of S. Locust Grove RoadRequest: Preliminary Plat Consisting of 48 Building lots and 4 (Four) Common Lots on 12.08 Acres of Land in an R-8 Zoning District VITA 9 APPROVED Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS i I I I I I I I I — I I I I I I I I �, •.nr w.y6.Y9 'S'S �.--.–_.---- ------ ------------- –_ _ I _-__—_—_-- M ...M .5 I y G �— I W •S �W I ; � j •ur ,c uq •s maoa$ o (O N O o o p` y y d & m< < mEo d �o¢o "o p N . > fn 0'. o��Aaomam (n 2i ami O I y G �— I W •S �W I ; � j •ur ,c uq •s -- _ •.�r AG I.PMO'S ..r x.. qft 's -- � 'i0 111uvo'J 7 ' CITY OF MERIDIAN CITY COUNCIL PUBLIC HEARING SIGN -IN SHEET Date: September 20, 2016 Item # Project Number: H-2016-0082 Project Name: Please print your name CITY OFC�WEK�,t-- Silverwater South For Against Neutral Do you wish to testify (Y/N) Meridian City Council Meeting DATE: September 20, 2016 ITEM NUMBER: 8C PROJECT NUMBER: H-2016-0083 ITEM TITLE: Silverwater North Public Hearing for Silverwater North (H-2016-0083) by Trilogy Development Located at South Side of E. Victory Road and West of S. Locust Grove Road 1. Request: Preliminary Plat Consisting of 13 Building Lots and 1 (One) Common Lot on 4.12 Acres of Land in an R-8 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 CITY OF MERIDIAN CITY COUNCIL PUBLIC HEARING SIGN -IN SHEET Date: September 20, 2016 Item # Project Number: H-2016-0083 Project Name: Please print your name ECEIV CITY OF Silverwater North For Against Neutral Do you wish to testifv (Y/N) Meridian City Council Meeting DATE: September 20, 2016 ITEM NUMBER: 8D PROJECT NUMBER: H-2016-0076 ITEM TITLE: Little Creek Subdivision Public Hearing for Little Creek Subdivision (H-2016-0076) by David Alexander Located 1470 N. Locust Grove Road 1. Request: Annexation and Zoning of Seventeen (17) Acres of Land with an R-40 Zoning District 2. Request: Conditional Use Permit for a Multi -Family Development Consisting of 204 Dwelling Units in an R-40 Zoning District 3. Request: Preliminary Plat Approval Consisting of Fifty -One (51) Building Lots and Three (3) Common Lots on 15.85 Acres of Land 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 CITY OF MERIDIAN CITY COUNCIL PUBLIC HEARING SIGN -IN SHEET Date: September 20, 2016 Item # Project Number: H-2016-0076 Project Name: Please print your name E Cllrvo F C/WE, l ,,. E Little Creek HE For Against Neutral Do you wish to testifv (Y/N) Meridian City Council Meeting DATE: September 20, 2016 ITEM NUMBER: $E PROJECT NUMBER: H-2016-0091 ITEM TITLE: T -Mobile Public Hearing for T -Mobile (H-2016-0091) by T -Mobile Located at 1855 N. Black Cat Road 1. Request: Modify the Development Agreement for the Site to Allow for a Telecommunications Tower as an Allowed Use MEETING NOTES Y1 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 CITY OF MERIDIAN CITY COUNCIL PUBLIC HEARING SIGN -IN SHEET Date: September 20, 2016 Item # Project Number: Project Name: H-2016-0091 T -Mobile Please print your name For Against Neutral Do you wish to testify (Y/N) ' ©� SEP Q 2016 -2 CITY OFC F v+rr CITY CLERKS OFFICE Meridian City Council Meeting DATE: September 20, 2016 ITEM NUMBER: 8F PROJECT NUMBER: H-2016-0088 ITEM TITLE: Knightsbridge Subdivision Public Hearing for Knightsbridge Subdivision (H-2016-0088) by Schultz Development Located 3870 E. Victory Road 1. Request: Annexation and Zoning of 5.15 Acres of Land with an R-4 Zoning District Request: 2.Preliminary Plat Approval Consisting of Seventeen (17) Building Lots and Two (2) Common Lots on 5.15 Acres of Land in the R-4 Zoning District MEETING NOTES 9APPROVEO Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: &MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS CITY OF MERIDIAN CITY COUNCIL PUBLIC HEARING SIGN -IN SHEET Date: September 20, 2016 Item # Project Number: Project Name: H-2016-0088 Knightsbridge Please print your name For Against Neutral Do you wish tot stify (Y/N) V_ -e-. V -,e v 5u 9 J PL -4 CITY OF s minty CITY CLERKS OFFICE Meridian City Council Meeting DATE: September 20, 2016 ITEM NUMBER: 8G PROJECT NUMBER: H-2016-0089 ITEM TITLE: Paisley Meadows Public Hearing for Paisley Meadows (H-2016-0089) by Hayden Homes Idaho, LLC Located at 2180 East Amity Road 1. Request: Preliminary Plat Consisting of 75 Building Lots and Six (6) Common Lots on 20.18 Acres of Land in an R-4 Zoning District MEETING NOTES mlAPPROIED Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS CITY OF MERIDIAN CITY COUNCIL PUBLIC HEARING SIGN -IN SHEET Date: September 20, 2016 Item # Project Number: H-2016-0089 Project Name: Paisley Meadows Please print your name For Against Neutral Do you wish to testify (Y/N) sS ��. x u, Off(T7,0C(< ✓ �1 % & ( TLS cv< ✓. c1 ')Y x til {`► i C"I \ CITY CLERKS OFFICE Meridian City Council Meeting DATE: September 20, 2016 ITEM NUMBER: $H PROJECT NUMBER: H-2016-0093 ITEM TITLE: City Initiated Annexation Flublic Hearing tor 2U 16 City Initiated Annexation - - y City ot Meridian ACHD Properties - Generally Located Near the Northeast Corner of S. Eagle Road and E. Amity Road, Southeast Corner of N. Meridian Road and E. Carmel Drive, East Side of N. Ten Mile Road, North of W. Ustick Road, 3955 E. Ustick Road, 2910 W. Franklin Road and 6175 N. Linder Road Idaho Power Properties - Located at 3275 E. Amity Road, 1635 S. Stoddard Road and 3539 N. Ten Mile Road Blackrock Subdivision - Generally Located North of E. Lake Hazel Road, Between S. I nni ict (-,rnvP Pnnrl nnrl C Fnnlp Pnnrl 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 CITY OF MERIDIAN CITY COUNCIL PUBLIC HEARING SIGN -IN SHEET Date: September 20, 2016 Item # Project Number: H-2016-0093 Project Name: Please print your name CITY OFCML � CITY CLERKS OFFICE City Initiated Annexation For Against Neutral Do you wish to testifv (Y/N) Meridian City Council Meeting DATE: September 20, 2016 ITEM NUMBER: �-I PROJECT NUMBER: ITEM TITLE: Adopting Republic Services 2017 Fee Schedule A RESOLUTION ADOPTING THE ANNUAL RATE ADJUSTMENT FOR THE SOLID WASTE COLLECTION SERVICES BY REPUBLIC SERVICES, INC.; AUTHORIZING THE CITY OF MERIDIAN UTILITY BILLING DEPARTMENT TO COLLECT SUCH RATES; AND PROVIDING AN EFFECTIVE DATE. MEETING NOTES yt APPROIED 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. 116 4 BY THE CITY COUNCIL: BIRD, BORTON, CAVENER, MILAM, PALMER, LITTLE ROBERTS A RESOLUTION ADOPTING THE ANNUAL RATE ADJUSTMENT FOR THE SOLID WASTE COLLECTION SERVICES BY REPUBLIC SERVICES, INC.; AUTHORIZING THE CITY OF MERIDIAN UTILITY BILLING DEPARTMENT TO COLLECT SUCH RATES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Section 21 of the City's solid waste franchise agreement with Republic Services, Inc. provides for annual review of Republic Services' then -current rates and charges for services; and WHEREAS, that proposed changes to said rates shall be adjusted subject to compliance with the notice and hearing provisions of Idaho Code Section 63-131 lA with an effective date of October 1, 2016; and WHEREAS, the proposed rates adjustment by Republic Services for fiscal year 2017 reflects an increase of 1.45% or $0.17 per household per month based on the contractual CPI adjustment; WHEREAS, the proposed commercial rates adjustment impact varies and is based on size and container frequency of collection; and WHEREAS, proposed rates adjustment includes new rates for services that either do not have a rate or are charged under the "Special Collection" rate in 10 minute increments as follows: 1) Commercial Cart Delivery - One Time fee of $10; 2) Commercial Lid Lock Small Container 2-8 yard — One Time fee of $43; 3) Commercial Lid Lock Monthly Service 2-8 yard - $12.39 per month; 4) Industrial Trash Monthly Lid 20-40 yard - $35 per month; 5) Miscellaneous Collection — Non -Freon appliances — One Time fee $15; 6) Miscellaneous Collection — Bulky Item — One Time fee $15 per item; 7) Miscellaneous Collection — Commercial Combo Lock Replacement- One Time fee $27.53; and WHEREAS, the proposed rates adjustment will supersede the current solid waste collection services rates schedule upon its approval and as of its effective date; and WHEREAS, the Solid Waste Advisory Commission having reviewed the proposed changes and recommended to the Mayor and City Council approval of the FY2016 Rate Schedule of Solid Waste Collection Services at its meeting on July 27, 2016; and WHEREAS, the Mayor and City Council at its meeting on September 20, 2016 took into consideration the presentation and information submitted by Republic Services, Inc. regarding the proposed rate changes and the recommendation of the Solid Waste Advisory Commission regarding said proposed changes, and ADOPTION OF FY 2017 RATE SCHEDULE FOR SOLID WASTE COLLECTION SERVICES PAGE 1 OF 2 WHEREAS, the proposed adjustment to residential and commercial rates for fiscal year 2017 are not in excess of five percent (5%) of the amount of the respective fees currently collected or require a decision imposing a new fee. NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN CITY, IDAHO: Section 1. That the Rate Schedule of the Solid Waste Collection Services, as set forth in ExhibitA hereto, is hereby adopted. Section 2. That the City of Meridian Utility Billing Department is hereby authorized to implement and carry out the collection of said rates. Section 3. That this Resolution shall be in full force and effect with the beginning of the October 5, 2016 billing cycle to be reflected on the November billing statements of the City of Meridian Utility Billing Department. 2016. ADOPTED by the City Council of the City of Meridian, Idaho this Z day of APPROVED by the Mayor of the City of Meridian, Idaho, thisXday of kPiWe V2016. Q�Qo�PtED AUGUST' APPROVED: 2� �i90 01y of 4' E IDIAN*.- I D A H O Tammy de eerd, Mayor Z� SEAL ATTE T: �ROfthe TREPSv� Clay Col , ty Clerk ADOPTION OF FY 2017 RATE SCHEDULE FOR SOLID WASTE COLLECTION SERVICES PAGE 2 OF 2 Meridian City Council Meeting DATE: September 20, 2016 ITEM NUMBER: 9A ITEM TITLE: Ordinance Ordinance No. 16- )-70 PROJECT NUMBER: An Ordinance Repealing And Replacing Meridian City Code Section 9-1-16, Regarding Connection To City Water System Outside City Limits; Repealing And Replacing Meridian City Code Section 9-4-26(A), Regarding Connection To City Sewer System Outside City Limits; Adopting A Savings Clause; 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 ORDINANCE NO. 16 - / 70 BY THE CITY COUNCIL: BIRD, BORTON, CAVENER, LITTLE ROBERTS, MILAM, PALMER AN ORDINANCE REPEALING AND REPLACING MERIDIAN CITY CODE SECTION 9-1-16, REGARDING CONNECTION TO CITY WATER SYSTEM OUTSIDE CITY LIMITS; REPEALING AND REPLACING MERIDIAN CITY CODE SECTION 9-4- 26(A), REGARDING CONNECTION TO CITY SEWER SYSTEM OUTSIDE CITY LIMITS; ADOPTING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Meridian City Code sections 9-1-16 and 9-4-26(A), related to connection of properties outside of city limits to the City of Meridian water and sewer system, reference a formal application process, but in practice, a written request would be adequate to convey the property owner's interest; and WHEREAS, the City Council for the City of Meridian finds the following amendment to Meridian City Code to be in the best interest of the City of Meridian; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: Section 1. That Meridian City Code section 9-1-16 shall be repealed, and replaced with language to read as follows: 9-1-16: CONNECTION TO CITY WATER SYSTEM OUTSIDE CITY LIMITS: In order to obtain municipal water system service to a property which is either partially or entirely outside of the corporate city limits, the following process shall apply. A. The owner of such property shall submit to the Public Works Department a written request to connect to the City water system. The written request shall include the name and address of the legal owner(s) of the property to be connected, a legal description of the property, and the circumstances necessitating the requested service. B. The Public Works Director or designee shall review the circumstances presented by the request and prepare written findings and a recommendation regarding whether to allow the proposed connection. The Public Works Director or designee shall review the findings and recommendations with the requestor for comment. The Public Works Director shall then submit the property owner's request and comments, and the Department's written recommendation, to City Council. C. City Council, in the exercise of its discretion, may either grant or deny the request after review of the materials. If City Council grants the request, the property owner shall enter CONNECTION TO CITY WATER & SEWER OUTSIDE CITY LIMITS PAGE into an agreement with the City of Meridian for the extension of domestic water service outside the city limits, in which the owner shall agree: To comply with the City's ordinances, regulations, policies, and fees pertaining to the regulation, control and use of its domestic water system; 2. To pay all hookup, assessment, and service fees as apply to the connection to and use of the City water system; 3. To annexation into the City of the parcel(s) connected to the City water system, either immediately or when contiguous to city limits; and 4. Other reasonable conditions of granting the request to connect to the City water system. Section 3. That Meridian City Code section 9-4-26(A) shall be repealed, and replaced with language to read as follows: A. Connection To City Sewer System Outside City Limits: In order to obtain municipal sewer system service to a property which is either partially or entirely outside of the corporate city limits, the following process shall apply. 1. The owner of such property shall submit to the Public Works Department a written request to connect to the City sewer system. The written request shall include the name and address of the legal owner(s) of the property to be connected, a legal description of the property, and the circumstances necessitating the requested service. 2. The Public Works Director or designee shall review the circumstances presented by the request and prepare written findings and a recommendation regarding whether to allow the proposed connection. The Public Works Director or designee shall review the findings and recommendations with the requestor for comment. The Public Works Director shall then submit the property owner's request and comments, and the Department's written recommendation, to City Council. 3. City Council, in the exercise of its discretion, may either grant or deny the request after review of the materials. If City Council grants the request, the property owner shall enter into an agreement with the City of Meridian for the extension of domestic sewer service outside the city limits, in which the owner shall agree: a. To comply with the City's ordinances, regulations, policies, and fees pertaining to the regulation, control and use of its domestic sewer system; b. To pay all hookup, assessment, and service fees as apply to the connection to and use of the City sewer system; c. To annexation into the City of the parcel(s) connected to the City sewer system, either immediately or when contiguous to city limits; and CONNECTION TO CITY WATER & SEWER OUTSIDE CITY LIMITS PAGE d. Other reasonable conditions of granting the request to connect to the City sewer system. Section 4. That all ordinances, resolutions, orders, or parts thereof or in conflict with this ordinance are hereby voided. Section 5. That this ordinance shall be effective immediately upon its passage and publication. PASSED by the City Council of the City of Meridian, Idaho, this )0 day of bev, , 2016. APPROVED by the Mayor of the City of Meridian, Idaho, this )Q day of 0*,-76er , 2016. CONNECTION TO CITY WATER & SEWER OUTSIDE CITY LIMITS PAGE Meridian City Council Meeting DATE: September 20, 2016 ITEM NUMBER: 10 PROJECT NUMBER: ITEM TITLE: Future Meeting Topics MEETING NOTES P/0 Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS