HomeMy WebLinkAbout2016-10-18Meridian City Council Pre-Council Meeting Agenda – October 18, 2016 Page 1 of 1
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CITY OF MERIDIAN
CITY COUNCIL PRE-COUNCIL MEETING
SPECIAL MEETING
AGENDA
Tuesday, October 18, 2016 at 4:30 p.m.
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
O Genesis Milam Arrived at 4:32pm O Luke Cavener
X Mayor Tammy de Weerd
2. Adoption of the Agenda
3. Executive Session per Idaho State Code 74 -206(1)(f) To communicate
with legal counsel for the public agency to discuss the legal
ramifications of and legal options for pending litigation and 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 4:31pm
Out of Executive Session at 6:01pm
Adjourned at 6:01 pm
Meridian City Council Meeting Agenda Tuesday, October 18, 2016 – Page 1 of 3
All materials presented at public meetings shall become property of the City of Meridian.
Anyone desiring accommodation for disabilities related to documents and/or hearing,
please contact the City Clerk’s Office at 888-4433 at least 48 hours prior to the public meeting.
CITY COUNCIL REGULAR
SECOND AMENDED
MEETING AGENDA
1.
City Council Chambers
33 East Broadway Avenue
Meridian, Idaho
Tuesday, October 18, 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 O Luke Cavener
X Mayor Tammy de Weerd
2. Pledge of Allegiance
3. Community Invocation by Larry Woodard with Ten Mile Christian Church
4. Adoption of the Agenda Adopted
5. Proclamation None
6. Consent Agenda Approved
A. Approve Minutes of September 6, 2016 City Council PreCouncil Meeting
B. Approve Minutes of October 4, 2016 City Council Regular Meeting
C. Findings of Fact and Conclusions of Law for Approval for Hill's Century
Farm Commercial (H-2016-0092) by Martin Hill Located 3625 E. Amity Road
D. Temporary License Agreement Between the Ada County Highway District
and the City of Meridian Regarding the Ten Mile South Medians
E. License Agreement Between the Nampa and Meridian Irrigation District and
the City of Meridian Regarding Multi-Use Pathways on Five Mile Creek and
the Creason Lateral at Reta Huskey Park
7. Items Moved From the Consent Agenda None
8. Action Items
Land Use Public Hearing Process: After the Public Hearing is opened the staff report will be
presented by the assigned City planner. Following Staff’s report the applicant has up to 15
Meridian City Council Meeting Agenda Tuesday, October 18, 2016 – Page 2 of 3
All materials presented at public meetings shall become property of the City of Meridian.
Anyone desiring accommodation for disabilities related to documents and/or hearing,
please contact the City Clerk’s Office at 888-4433 at least 48 hours prior to the public meeting.
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.
The City Council may move to continue the item for additional information or vote to approve or
deny the item with or without changes as presented. The Mayor is not a member of the City
Council and pursuant to Idaho Code does not vote on public hearing items, unless to break a tie
vote.
A. Public Hearing for Bainbridge H-2016-0115 (McMullen Lateral Easement) By
Brighton Investments Located at W Chinden Blvd between N Black Cat
Road and N Ten Mile Road Approved
1. Request: For Council Approval of the 20-foot wide Easement for the
McMullen Lateral to be Located Within Building Lots Instead of A Common
Lot in Bainbridge Subdivision as Required by UDC 11 -3A-6C
B. Public Hearing Continued from October 4, 2016 for Blakeslee Commons
Subdivision (H-2016-0066) by Global Senior Housing, LLC Located South
Side of E. Ustick Road Between N. Locust Grove Road and N. Eagle Road
Approved
1. Request: Annexation and Zoning of 12.01 Acres f rom RUT in Ada County
to the R-15 (Medium-High Density Residential) Zoning District
2. Request: Preliminary Plat Consisting of Seventy -Four (74) Single Family
Residential Lots and Twelve (12) Common Lots on Approximately 12.01
Acres in the Proposed R-15 Zoning District
C. Amended: FIRST READING: Ordinance No. 16-1709: AN ORDINANCE
AMENDING TITLE 4, CHAPTER 1, SECTION 8.B (1), MERIDIAN CITY CODE,
COLLECTION OF SOLID WASTE AND RECYCLABLE MATERIALS TO
CHANGE THE COLLECTION AT COMMERCIAL PREMISES TO COMMENCE
AT FOUR O’CLOCK (4:00) A.M.; AND PROVIDING AN EFFECTIVE DATE.
Second Reading will be 10/25/2016 and the public hearing will be that same
date
9. Department Reports
A. Mayor's Office: Resolution No. 16-1174: A Resolution Reappointing Joshua
Evarts to the Historic Preservation Commission. Approved
B. CDBG Substantial Amendment Discussion
C. Community Development: Residential Structure Design Criteria
Meridian City Council Meeting Agenda Tuesday, October 18, 2016 – Page 3 of 3
All materials presented at public meetings shall become property of the City of Meridian.
Anyone desiring accommodation for disabilities related to documents and/or hearing,
please contact the City Clerk’s Office at 888-4433 at least 48 hours prior to the public meeting.
D. Amended onto agenda: Information Technology: Update on City Council
Chambers Technology Refresh
10. Ordinances
A. Ordinance No. 16-1710: (H-2016-0093) An Ordinance of the City of Meridian
Granting Annexation and Zoning for Parcels of Land Generally Located
Near the Northeast Corner of S. Eagle Road and E. Amity Road in the SW ¼
of Township 3N, Range 1E, Section 28; Southeast Corner of N. Meridian
Road and E. Carmel Drive in the SW ¼ of Township 3N, Range 1E, Section
06; east side of N. Ten Mile Road, north of W. Ustick Road in the SW ¼ of
Township 4N, Range 1W, Section 35; 3955 E. Ustick Road in the NW ¼ of
Township 3N, Range 1E, Section 04; 2910 W. Franklin Road in the SW ¼ of
Township 3N, Range 1W, Section 11; 6175 N. Linder Road in the NE ¼ of
Township 4N, Range 1W, Section 26; 3275 E. Amity Road in NW ¼ of
Township 3N, Range 1E, Section 33; 1635 S. St oddard Road in the NW ¼ of
Township 3N, Range 1W, Section 24; 3539 N. Ten Mile Road in the SE ¼ of
Township 4N, Range 1W, Section 34; Forty-nine (49) parcels in the
Blackrock Subdivision Generally Located North of E. Lake Hazel Road,
Between S. Locust Grove Road and S. Eagle Road in the S ½ of Township
3N, Range 1E; Section 32; and 3064 W Malta Drive in the NW ¼ of Township
4N, Range 1W, Section 26, Boise Meridian, Ada County, Idaho, and
Annexing Certain Lands and Territory; and Adjacent and Contiguous to t he
Corporate Limits of the City of Meridian as Requested by the City of
Meridian; Establishing and Determining the Land Use Zoning Classification
of Said Lands from RUT Zoning District in Ada County to R -4 (Low Density
Residential District) (53.25 acres) a nd R-8 (Medium Density Residential
District) (11.64 acres) and C-C (Community Business District) (2.61acres),
in the Meridian City Code; Providing that Copies of this Ordinance Shall be
Filed with the Ada County Assessor, the Ada County Recorder, and the
Idaho State Tax Commission, as Required by Law; and Providing for a
Summary of the Ordinance; and Providing for a Waiver of the Reading
Rules, and Providing an Effective Date. Approved
11. Future Meeting Topics
Adjourned at 7:36pm
Changes to Agenda:
Item #8A: Bainbridge McMullen Lateral Easement (H-2016-0115)
Application(s):
➢ Miscellaneous Application
Size of property, existing zoning, and location: The subject easement is located'/2 mile south of W. Chinden Blvd. and'/4 mile east
of N. Black Cat Road and extends along the south boundary of Bainbridge Subdivision east to N. Ten Mile Road
History: The McMullen Lateral runs along the southern boundary of this site within a 30' wide prescriptive easement. When the
preliminary plat for Bainbridge was approved in 2013, the lateral was proposed to be piped and Y2 of the easement contained within a
15' wide common lot on this property with the other half in a 15' wide common lot on the adjacent development to the south (fka
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.
Summary of Request: The applicant has applied for a modification, as allowed at a public hearing with notice to surrounding property
owners, to UDC 11 -3A -6C which requires irrigation easements wider than 10' to be included in a common lot that is a minimum of 20'
wide and outside of a fenced area.
Since the time the preliminary plat was approved, ownership of the property to the south has changed. It has now been agreed that the
applicant would absorb 20 feet of the easement with the main gravity pipe at the 10' mark; and the adjacent developer would absorb
the remaining 10' of the easement within building lots in the Vicenza development. The User's Association for the lateral has agreed to
allow the easement to be located within building lots provided that the HOA for both developments are responsible for all repairs via a
license agreement.
Because the adjacent developer does not intend to include the 10' wide easement in a common lot, staff and the applicant do not feel a
15' wide common lot is wide enough to provide a pathway as originally proposed as it would create a narrow corridor be the
building lots. Therefore, the applicant would like to locate the easement on building lots rather than within common lots. 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 proposed modification only applies to the portion of the McMullen Lateral that runs east/west along the southern boundary of
Bainbridge Subdivision that is depicted on the approved preliminary plat in a common lot. The portions of the lateral that were re-routed
through the development that were shown within an easement are allowed to remain in such as an entitlement of the preliminary plat.
While staff feels the best location for the easement is within a common lot(s) for maintenance purposes, because the Users Association
is in favor of the proposal, staff also supports the request.
Written Testimony: Van Elg, Brighton Corp. (in agreement w/staff report)
Staff Recommendation: Approval
Notes
Possible Motions:
Approval
After considering all staff, applicant and public testimony, I move to approve File Number H-2016-0115, as presented in the staff
report for the hearing date of October 18, 2016: (Add any proposed modifications to conditions)
Denial
After considering all staff, applicant and public testimony, I move to deny File Number H-2016-0115, as presented during the
hearing on October 18, 2016, for the following reasons: (You should state specific reasons for denial)
Continuance
I move to continue File Number H-2016-0115 to the hearing date of October 18, 2016 for the following reason(s): (You should
state specific reason (s) for continuance.)
Item #813: Blakeslee Commons Subdivision (H-2016.0066)
Application(s):
➢ Preliminary Plat
➢ Annexation and Zoning
Item #4A: Blakeslee Commons (H-2016-0066)
Application(s):
➢ Annexation and Zoning
➢ Preliminary Plat
Size of property, existing zoning, and location: This site consists of 12.01 acres of land, zoned RUT (Ada County), located on the
south side of E. Ustick Road between N. Locust Grove Road and N. Eagle Road
Adjacent Land Use & Zoning:
1. North: E. Ustick Road; Single-family residential properties in Champion Park Subdivision, zoned R-8,
2. East: Single-family residential properties zoned R-2 (City) and R-1 (Ada County)
3. South: Single-family residential properties zoned RUT (Ada County)
4. West: Single-family residential properties zoned RUT (Ada County)
History: None
Comprehensive Plan FLUM Designation: MDR
Summary of Request: The applicant has applied for annexation and zoning of 12.01 acres of land with an R-15 zoning district.
A preliminary plat is also proposed consisting of 74 building lots and 12 common lots on 12.01 acres of land in the proposed R-15
zoning district.
Access: Access is proposed for this site via one access from E. Ustick Road, For future connectivity, the applicant is
proposing to provide two (2) stub streets; one to the south and the other on the west. Staff has concerns with the limited
connectivity in the area; therefore, staff recommends that an additional stub street be provided on the east boundary of the
development for increased connectivity, in lieu of the common driveway as currently proposed.
Due to the limited vehicular connectivity to the property and due to the fact that the property lacks a secondary
access point, the fire code limits the development to 30 homes. Once a secondary or emergency access point is provided
(that meets the requirements of the fire department) the applicant will be allowed to construct additional homes. The plat
indicates an emergency access is proposed across Lots 40-42, Block 3. Staff anticipates that the emergency access will be
provided in this location, however a recorded agreement has not been provided. Staff recommends that the applicant provide
a recorded copy of the easement with submittal of the first final plat application.
The plat also indicates an emergency access to Ustick Road. Staff is not supportive of this emergency access and it
should be removed from the plat.
Phasing: The applicant submitted a phasing plan that indicates the emergency access will be in the second phase. The
number of homes approved with the second phase (40 total lots between phase 1 and phase 2) will be greater than the 30
allowed prior to the required emergency access easement, therefore the applicant will need to provide a recorded emergency
access out to Wingate Lane prior to submission of the second final plat application
Common Driveways: The applicant is proposing five (5) common driveways in this project. All common driveways should
comply with the standards listed in UDC 11 -6C -3D. Staff has reviewed the dimensions of the common driveways depicted on
the plat and they are consistent with these standards. Unless limited by a significant geographical feature, or separated
by a minimum 5 -foot wide landscaped common lot, all properties that abut a common driveway shall take access
from the driveway.
For single-family developments, off-street parking is required in accord with the standards listed in UDC Table 11-3C-6 as
follows:
➢ The applicant is proposing to construct all 2 and 3 -bedroom single-family homes, therefore 4 parking spaces per unit
are required; at least 2 in an enclosed garage and 2 on a driveway.
The submitted site plan depicts five (5) common driveways from which the applicant is requesting to allow a five (5) foot
garage setback. The Lots include 34-36, 37-39, 40-42, and 43-45 of Block 3, Lots 21-23, 24-26, and 28-31 of Block 4 and Lots
8-10 of Block 5. The applicant is asking for alternative compliance to reduce the parking on 25 of the lots in the development
and to allow that parking to be located in a number of parking lots to be located in close proximity to the subject homes. For
that number of lots (25), the UDC requires that the applicant provide 50 off-street parking spaces on a driveway. The applicant
is proposing nineteen (19) off-street parking spaces to be located in close proximity to the subject properties. Staff is
recommending that the applicant provide two (2) parking stalls at the end of each of the five (5) common driveways.
This change will bring two (2) of the spaces closer to the units that will utilize them and limit their use by the other
units in the development. Staff's recommendation will bring the number of off-street parking proposed for these
twenty-five (25) homes to twenty-nine (29), or a little greater than 50% of what the UDC requires. A certain number of
the nineteen (19) proposed off-street parking stalls will be allocated to the proposed clubhouse. The number of
required spaces for the clubhouse is based on the UDC requirement for 1 space for every 500 square feet of gross
floor area.
In considering the alternative compliance staff is supportive for the following reasons:
1. This development is going to be marketed to the 55 and over demographic, limiting the number of vehicles that
will need to be accommodated per unit.
2. The width of the proposed streets (specifically Street G and Street F) in proximity to the lots for which alternative
compliance is requested can accommodate parking on one side of the street.
A 25 -foot wide street buffer is required along E. Ustick Road, an arterial street, per UDC Table 11-2A-6 and 11-2A-7, and is
required to be landscaped in accord with the standards listed in UDC 11 -3B -7C. Staff recommends this buffer be
constructed with the first phase of development. The gravel adjacent to E. Ustick Road between the sidewalk and the curb
needs to be removed and landscaped according to UDC 11 -3B -7C.
The existing fence along Ustick Road also needs to be removed or relocated to the interior edge of the landscape buffer per
UDC 11 -3B -7C.
Landscaping is required along all pathways in accord with the standards listed in UDC 11 -3B -12C. If the Irrigation District
does not allow landscaping within their easement, provide an additional 5 feet outside of the easement for
landscaping.
Staff recommends that the applicant consolidate two common lots (Lots 11 and 19, Block 2) into a single common lot
in the general vicinity between lots 14 and 15, Block 2, to increase visibility on Lot 4, Block 2.
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 (12.01 acres), a minimum of 1.20 acres of qualified open space is required to be
provided as set forth in UDC 11 -3A -3B. A total of 12.5% of qualified open space is proposed consisting of 1/2 the street buffer
along E. Ustick Road, the regional pathway along the South Slough, the micropath lot and internal common open space area
(50' x 100') comply with this requirement. To increase the usability of the central open space lot staff recommends that
the applicant consolidate two common lots (Lots 11 and 19, Block 2) into a single common lot in the general vicinity
between Lots 14 and 15, Block 2 and add a 5 -foot wide walking path that connects Street B to Street F.
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 (12.01 acres), staff requires a minimum of 1 qualified site amenities be provided. The
applicant proposes to provide a central common area, a clubhouse, an outdoor kitchen and a segment of the City's multi -use
recreational pathway on the south boundary. As noted above, staff is recommending additional 5 -foot wide walking path
through Lot 4, Block 2 to increase pedestrian connectivity within the proposed development.
Staff is supportive of the amenity package for the development however; staff recommends that the clubhouse and
outdoor kitchen (Lot 20, Block 4) and the central open space (Lot 4, Block 2), including the walking path is
constructed with the first phase of development.
The Pathways Master Plan depicts a regional pathway on this site along the north side of the South Slough. The applicant
proposes to provide the extension of the regional pathway as an amenity for the proposed subdivision. The 10 -foot multi -use
pathway must be paved and landscaped in accord with the standards set forth in UDC 11-3A-8 and UDC 11-36-12. The
landscape plan needs to be modified to show a 10 -foot pathway along the north side of the South Slough and shall run from
the west property line along the South Slough and shall run to the south property line, This 10 -foot multi -use pathway shall be
separate from the 5 -foot sidewalks adjacent to the streets.
A recreational pathway easement for the pathway is required to be submitted to the Park's Department, approved by City
Council and recorded.
Fencing was not proposed with the subject application however there is an existing fencing adjacent to E. Ustick Road that
must be relocated or removed with the installation of the landscape improvements adjacent to E. Ustick Road. The fencing as
currently constructed would be located within the landscape buffer which is prohibited in accord with UDC 11-3B-7C2c. All
fencing should comply with the standards listed in UDC 11 -3A -6B and 11-3A-7.
Per UDC 11 -3A -7A.7, the developer is responsible to construct fencing adjacent to micropath connections to
distinguish common from private areas. Additionally, per UDC 11 -3A -6B, the South Slough is required to be fenced
with an open vision fence at least 6 feet in height and having an 11-guage, 2 -inch mesh or other construction,
equivalent in ability to deter access to the waterway. Fencing adjacent to all interior pathways and common open space
shall meet the requirements of UDC 11-3A-7. With the submittal of a final plat application, the applicant should provide a
master fence plan.
The South Slough runs along the south property line of the property. The South Slough lies within an 80 -foot wide Nampa
Meridian Irrigation District easement. The 10 -foot multi -use pathway will be installed within the easement, and the applicant
should coordinate with the irrigation district on maintenance of the common lots.
The UDC (11-3A-6) requires all irrigation ditches, laterals, canals and drains to be piped unless left open as a water amenity
(as defined in UDC 11-1A-1) or linear open space. The City Council may waive this requirement for large capacity facilities.
The applicant requests a waiver from Council to allow the South Slough to remain open due to its large capacity.
The applicant has submitted some 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, stone accents.
The development of Lot 20, Block 4 requires CZC and DES approval. Details of the proposed clubhouse have not been
provided to staff. Prior to the Commission hearing, the applicant shall provide architectural elevations as well as a floor plan
for the proposed structure.
Because homes on lots that back up to E. Ustick Road will be highly visible, staff recommends the rear or sides of
structures on lots that face the street incorporate articulation through changes in materials, color, modulation, and
architectural elements (horizontal and vertical) to break up monotonous wall planes and roof lines.
a. Summary of Commission Public Hearing:
i. In favor: Wendy Shrief (applicant's representative), Ron Walsh, John Blakeslee,
ii. In opposition:
iii. Commenting: John Blakeslee
iv. Staff presenting application: Josh Beach
v. Other staff commenting on application: Bill Parsons, Andrea Pogue
b. Key issue(s) of Public Testimony:
i. The current property owner (John Blakeslee) would like to remain in his home until that particular
phase (phase 3) is developed.
L. Key Issues of Discussion by Commission:
i. Timing of construction of the emergency access and if there is an easement in place to cross the
adjacent properly?
H. How the phasing is laid out and the timing of the phasing.
iii. In which phase should the Blakeslee home be demolished.
iv. Is bonding for the landscaping improvements appropriate for this development?
& Does the project still have sufficient amenities if the pool is removed from the amenities?
vi. Is the development adequately parked with the requested reduction in the number of off-street parking
spaces?
yiL Timing of the utility connection if the existing home is to remain for any period of time.
viii. The potential to include in the DA provisions that this be a 55 and older community and that the lot
nuiber be capped at 74.
ix. Whether to provide a common drive or a street to the property adjacent to the northeast corner of the
Property.
d. Commission Change(s) to Staff Recommendation:
i. Modify condition 1 1 1d(3) to read as follows: Construct the proposed clubhouse, outdoor ldtchen and
associated parking on Lot 20, Block 4 as proposed The applicant shall obtain CZC and DES approval
prior to applying for a building permit to develop the lot.
ii. Modify condition 1 1 2e to read as follows: The applicant shall provide a stub street to the south or west
boundary of parcel #51105120653.
iii. Add condition 1 1 if to read as follows: The development shall be limited to residents who are 55 years
of age and older.
iv. Add condition 1.1.111 to read as follows: The development shall be limited to 74 single-family lots.
e. Outstanding Issues) for City Council:
i. None
Written Testimony since Commission Hearing: Wendy Shrief
Commission Recommendation: Approval
Exhibit B: Conditions of Approval — Proposed Modifications
2.1.2 Developer shall be required to provide a second water main connection to the project to create a looped system.
This second connection can be a second connection to Ustick Road per the Public Works Department, however a
mainline valve will need to be installed in the Ustick Road main at the new tee location to provide a means of
isolation. will need to ceffie from the east er- west, N. Leslie Way of from all eyaensien dwA% N. Wingate Lane.
Notes:
Possible Motions:
Approval
After considering all staff, applicant and public testimony, I move to approve File Number H-2016-0066, as presented in the staff
report for the hearing date of October 18, 2016: (Add any proposed modifications to conditions)
Denial
After considering all staff, applicant and public testimony, I move to deny File Number H-2016-0066, as presented during the
hearing on October 18, 2016, for the following reasons: (You should state specific reasons for denial)
Continuance
I move to continue File Number H-2016-0066 to the hearing date of October 18, 2016 for the following reason(s): (You should
state specific reason(s) for continuance.)
Meridian City Council Meeting
DATE: October 18,2016 ITEM NUMBER: 6A
PROJECT NUMBER:
ITEM TITLE:
Approve Minutes of September 6, 2016 City Council PreCouncil Meeting
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
Meridian City Council Special Meeting
September 6, 2016
Page 2 of 2
(Executive session at 5:35 to 6:03 p.m.)
Bird: Move to come out of executive session.
Borton: Second.
DeWeerd: Motion and a second to come out of executive session. All in favor?
MOTION CARRIED: ALL AYES.
Bird: Move to adjourn.
Borton: Second.
DeWeerd: Motion and a second to adjourn. All in favor?
MOTION CARRIED: ALL AYES.
MEETING ADJOURNED AT 6:03 P.M.
(AUDIO RE"COR"DING ON FILE OF THESE PROCEEDINGS)
MAYORT- Y De WEERD DATE APPROVED
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Meridian City Council Meeting
DATE: October 18,2016
ITEM TITLE:
ITEM NUMBER:
PROJECT NUMBER:
Approve Minutes of October 4, 2016 City Council Regular Meeting
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
Meridian City Council
October 4, 2016
Page 43 of 43
De Weerd: All those in favor. All ayes.
MOTION CARRIED: ALL AYES.
MEETING ADJOURNED AT 8:34 P.M.
(AUDj-Q-RECORDING ON FILE OF THESE PROCEEDINGS)
MAYOR
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Meridian City Council Meeting
DATE: October 18,2016 ITEM NUMBER: 6C
PROJECT NUMBER: H-2016-0092
ITEM TITLE: Hill's Century Farm Commercial
Findings of Fact, Conclusions of Law for Approval for Hill's Century Farm Commercial (H-
2016-0092) by Martin Hill Located
3625 E. Amity Road
MEETING NOTES
9 WINED
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 E IDIAN ---
FINDINGS OF FACT, CONCLUSIONS OF LAW
AND DECISION & ORDER
In the Matter of the Request for a Modification to the Development Agreement to Include a
Detailed Site Plan and Modification of Certain Provisions of the Agreement; and Preliminary Plat
Consisting of 20 Building Lots and 2 Common Lots on 19.73 Acres of Land in the C -N Zoning
District, by Martin L. Hill.
Case No(s). H-2016-0092
For the City Council Hearing Dates of. September 27 and October 4, 2016 (Findings on October 11,
2016)
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of October 4, 2016, incorporated by
reference)
2. Process Facts (see attached Staff Report for the hearing date of October 4, 2016, incorporated by
reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of October 4, 2016,
incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing
date of October 4, 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-2016-0092 -1-
7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the
hearing date of October 4, 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:
The applicant's request for a modification to the development agreement and preliminary plat is
hereby approved per the provisions in the Staff Report for the hearing date of October 4, 2016,
attached as Exhibit A.
D. Notice of Applicable Time Limits
Notice of Preliminary Plat Duration
Please take notice that approval of a preliminary plat, combined preliminary and final plat, or
short plat shall become null and void if the applicant fails to obtain the city engineer's signature
on the final plat within two (2) years of the approval of the preliminary plat or the combined
preliminary and final plat or short plat (UDC 11 -6B -7A).
In the event that the development of the preliminary plat is made in successive phases in an
orderly and reasonable manner, and conforms substantially to the approved preliminary plat,
such segments, if submitted within successive intervals of two (2) years, may be considered for
final approval without resubmission for preliminary plat approval (UDC 11 -6B -7B).
Upon written request and filed by the applicant prior to the termination of the period in accord
with 11 -6B -7.A, the Director may authorize a single extension of time to obtain the City
Engineer's signature on the final plat not to exceed two (2) years. Additional time extensions up
to two (2) years as determined and approved by the City Council may be granted. With all
extensions, the Director or City Council may require the preliminary plat, combined
preliminary and final plat or short plat to comply with the current provisions of Meridian City
Code Title 11. If the above timetable is not met and the applicant does not receive a time
extension, the property shall be required to go through the platting procedure again (UDC 11-
6B -7C).
Notice of Development Agreement Duration
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 -5B -3F).
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). H-2016-0092 -2-
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 October 4,-2016
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). H-2016-0092 - 3 -
11)
By action of the City Council at its regular meeting held on the day of 6 166 eK ,
2016.
COUNCIL PRESIDENT KEITH BIRD VOTED Y64
COUNCIL VICE PRESIDENT JOE BORTON VOTED 7(f4
COUNCIL MEMBER ANNE LITTLE ROBERTS VOTED ✓(lq
COUNCIL MEMBER TY PALMER VOTED Ya
COUNCIL MEMBER LUKE CAVENER VOTED —
COUNCIL, MEMBER GENESIS MILAM VOTED K
MAYOR TAMMY de WEERD VOTED
(TIE BREAKER)
Mayor T XmZdfe-Weerd
Attest: \
City, (,f W
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City Clerk 2,��^_
Copy served upon Applicant, Community Development Department, Public Works Department and City
Attorney.
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City Clerk's Office
Dated:
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). H-2016-0092 -4-
EXHIBIT A
Hill’s Century Farm Commercial – MDA, PP H-2016-0092 PAGE 1
STAFF REPORT
HEARING DATE: October 4, 2016
(Continued from: September 27, 2016)
TO: Mayor & City Council
FROM: Sonya Allen, Associate City Planner
208-884-5533
SUBJECT: Hill’s Century Farm Commercial – MDA, PP (H-2016-0092)
I. SUMMARY DESCRIPTION OF APPLICANTS’ REQUEST
The applicant, Martin L. Hill, has submitted an application for a modification to the development agreement
to include a detailed site plan and modification of certain provisions of the agreement; and a preliminary plat
consisting of 20 building lots and 2 common area lots on 19.73 acres of land in a C-N zoning district. See
Section VIII, Analysis, for more information.
II. SUMMARY RECOMMENDATION
Staff recommends approval of the proposed MDA and PP applications based on the Findings of Fact and
Conclusions of Law in Exhibit C of the Staff Report.
The Meridian Planning & Zoning Commission heard the PP on September 1, 2016. At the public
hearing, the Commission moved to recommend approval of the subject PP request.
a. Summary of Commission Public Hearing:
i. In favor: Mike Wardle, Brighton Corporation
ii. In opposition: None
iii. Commenting: None
iv. Written testimony: Mike Wardle, Brighton Corporation
v. Staff presenting application: Sonya Allen
vi. Other staff commenting on application: Bill Parsons
b. Key issue(s) of Public Testimony:
i. None
c. Key Issues of Discussion by Commission:
i. Creation of a remnant parcel by not including the western R-8 zoned property in the plat;
ii. Revised conditions to Section 2 in Exhibit B as requested by the Applicant.
d. Commission Change(s) to Staff Recommendation:
i. At staff’s request, a condition was added for on-street parking to be provided on the south side
of the street (E. Hill Park St.) adjacent to the park (see condition #6.1).
ii. Modify conditions #2.2.3, 2.2.9 and 2.2.11 as requested by the applicant and agreed upon by
staff (see Exhibit B); staff is not in favor of modifying condition #2.1.1 as requested by the
applicant.
e. Outstanding Issue(s) for City Council:
i. None
The Meridian City Council heard these items on October 4, 2016. At the public hearing, the Council
approved the subject MDA and PP request.
a. Summary of City Council Public Hearing:
i. In favor: Mike Wardle, David Turnbull
ii. In opposition: None
iii. Commenting: None
EXHIBIT A
Hill’s Century Farm Commercial – MDA, PP H-2016-0092 PAGE 2
iv. Written testimony: Mike Wardle, Applicant’s Representative (response to the staff report)
v. Staff presenting application: Sonya Allen
vi. Other staff commenting on application: Warren Stewart, Bruce Freckleton, Kyle Radek
b. Key issue(s) of Public Testimony:
i. None
c. Key Issues of Discussion by Council:
i. The requirement for construction of a 12-inch water main in Amity Road;
ii. The inclusion of the western portion of the parcel in the preliminary plat;
iii. Requirement for modification of the development agreement in the future to include a
conceptual development plan for the area where a detailed plan is not currently proposed.
iv. Inclusion/removal of goals in the conditions of approval taken from the Comprehensive Plan
for mixed use designated areas that should be included in the development agreement for
consideration by staff with future development applications.
v. Request for a waiver to UDC 11-3A-3 for a driveway access via E. Amity Road and S. Hillsdale
Avenue.
d. Key Council Changes to Staff/Commission Recommendation
i. Modify DA provision #5.1c to require future development to comply with the concept plan and
elevations submitted with this application;
ii. Modify DA provision #5.1e to allow Marty Hill’s home (located at the south boundary) to
hook-up to City services within 60 days of services becoming available from the R-8 zoned
portion of the site, rather than the commercial portion;
iii. Modify DA provision #5.1g to not require the DA to be modified in the future to include a
conceptual development plan for the area where a concept plan has not been approved; and
include/strike goals from the Comprehensive Plan consistent with the MU-N designation for
staff to consider in review of future development applications for this area.
iv. Council did not require the western portion of the parcel to be included in the boundary of the
preliminary plat with the expectation it would be incl uded in the preliminary plat with the
abutting R-8 zoned property to the west (strike conditions #1.1.1a & b and #1.1.2a in Exhibit
B).
v. Council approved a waiver to UDC 11-3A-3 for a driveway access via E. Amity Road and S.
Hillsdale Avenue (strike conditions #1.1.1c and 1.1.2b in Exhibit B).
vi. Modify condition #2.2.5 in Exhibit B to require all existing structures within the bounds of the
plat or right-of-way that are required to be removed shall be prior to signature on the final plat
by the City Engineer.
vii. Modify condition #2.2.9 in Exhibit B to reflect the UDC requirement for completion of all
improvements related to public life, safety and health prior to issuance of Certificate of
Occupancy.
viii. Modify condition #2.2.11 in Exhibit B to reflect the UDC requirement for submittal of
surety for improvements that cannot be completed related to non-life, non-safety, and non-
health prior to City Engineer signature on the final plat and/or prior to occupancy.
III. PROPOSED MOTION
Approval
After considering all staff, applicant and public testimony, I move to approve File Number H-2016-0092, as
presented in the staff report for the hearing date of October 4, 2016, with the following modifications: (Add
any proposed modifications.)
Denial
After considering all staff, applicant and public testimony, I move to deny File Number H-2016-0092, as
presented during the hearing on October 4, 2016, for the following reasons: (You should state specific
EXHIBIT A
Hill’s Century Farm Commercial – MDA, PP H-2016-0092 PAGE 3
reasons for denial.)
Continuance
I move to continue File Number H-2016-0092 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 3625 E. Amity Road, in the northwest ¼ of Section 33, Township 3
North, Range 1 East.
B. Applicant:
Martin L. Hill
3625 E. Amity Road
Meridian, Idaho 83642
C. Owner:
Same as applicant
D. Representative:
Mike Wardle, Brighton Corporation
12601 W. Explorer Drive, Ste. 200
Boise, Idaho 83713
E. Applicant's Statement/Justification: Please see applicant’s narrative for this information.
V. PROCESS FACTS
A. The subject applications are for a modification to the development agreement and a preliminary plat. A
public hearing is required before the Planning & Zoning Commission and City Council on the
preliminary plat; a public hearing is only required before the City Council on the development agreement
modification, consistent with Meridian City Code Title 11, Chapter 5.
B. Newspaper notifications published on: August 15 and 29, 2016 (Commission); September 5 and 19,
2016 (City Council)
C. Radius notices mailed to properties within 300 feet on: August 12, 2016 (Commission); September 2,
2016 (City Council)
D. Applicant posted notice on site by: August 18, 2016 (Commission); September 16, 2016 (City Council)
VI. LAND USE
A. Existing Land Use(s): This property is currently being used for agricultural purposes and is zoned R-8
and C-N.
B. Character of Surrounding Area and Adjacent Land Use and Zoning:
North: E. Amity Road and agricultural land, zoned RUT in Ada County
South: Future City Park, YMCA, library and elementary school, zoned C-N
East: Rural residential/agricultural property, zoned RUT in Ada County
West: Agricultural property (future single-family residential), zoned R-8
EXHIBIT A
Hill’s Century Farm Commercial – MDA, PP H-2016-0092 PAGE 4
C. History of Previous Actions:
In 2015, an amendment to the Comprehensive Plan Future Land Use Map (CPAM-15-001) was
approved to change the land use designation on this property (and a larger area totaling 87 acres)
from low density residential to mixed use neighborhood. Annexation and zoning (AZ-15-004) with a
C-N zoning district was also approved with the requirement of a development agreement, recorded
as Instrument No. 2015-061375.
A property boundary adjustment (PBA-15-012) was approved later in 2015 that created the current
configuration of the subject property (ROS #10215).
D. Utilities:
a) Location of sewer: A sanitary sewer main intended to provide service to the subject development
was recently installed as part of the Hillsdale Elementary School project.
b) Location of water: Water mains intended to provide service to the subject development currently
exists near the northwest corner of the subject site in E. Amity Road, as well as a recently installed
mainlines as part of the Hillsdale Elementary School project.
c) Issues or concerns: Applicant shall be responsible for the extension of sanitary sewer and water
mains to provide service, including a 12-inch water mainline across the development frontage in E.
Amity Road.
E. Physical Features:
1. Canals/Ditches Irrigation: The Cunningham Lateral crosses this site along with some irrigation
ditches.
2. Hazards: Staff is unaware of any hazards that may exist on this site.
3. Flood Plain: This property does not lie within the Floodplain Overlay District.
VII. COMPREHENSIVE PLAN ANALYSIS
The Future Land Use Map (FLUM) contained in the Comprehensive Plan designates the subject property as
Mixed Use - Neighborhood (MU-N).
The purpose of the MU-N designation is to assign areas where neighborhood-serving uses and dwellings are
seamlessly integrated into the urban fabric. The intent is to avoid predominately single-use developments by
incorporating a variety of uses. Land uses in these areas should be primarily residential with supporting non-
residential services. Non-residential uses in these areas tend to be smaller scale and provide a good or service
that people typically do not travel far for (approximately one mile) and need regularly. Employment
opportunities for those living in the neighborhood are encouraged. Connectivity and access between the non-
residential and residential land uses is particularly critical in MU-N areas. Tree-lined narrow streets are
encouraged. Developments are encouraged to be designed according to the conceptual MU-N plan depicted
in Figure 3-1 on page 25 of the Comprehensive Plan. See pages 24-27 of the Comprehensive Plan for more
information.
The applicant proposes to develop the northeast portion of this site with a residential care facility (assisted
living) and a medical clinic. The use of the remainder of the site is not yet detailed but is anticipated to
develop with professional offices, dental/medical clinics, daycares, gift shops, dry cleaner/laundromat,
salons/spas and other neighborhood-scale commercial uses as allowed in the C-N district and as desired in
MU-N designated areas (see the concept plan in Exhibit A.4).
EXHIBIT A
Hill’s Century Farm Commercial – MDA, PP H-2016-0092 PAGE 5
Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to the
proposed use (staff analysis in italics):
“Require appropriate landscaping and buffers along transportation corridor (setback, vegetation, low
walls, berms, etc.).” (3.06.02F)
A 25-foot wide landscape buffer and building setback will be required with development along E. Amity
Road, an arterial street; and a 20-foot wide buffer and building setback will be required along S. Howry
Lane, designated as a future collector street. Landscaping should be installed in accord with the
standards listed in UDC 11-3B-7C Landscape Buffers along Streets.
“Locate small scale neighborhood commercial areas within planned residential developments as part of
the development plan.” (3.05.01E)
The proposed neighborhood commercial development should integrate well with the YMCA, City Park,
library, health complex and elementary school to the south, and existing and future residential uses in
the vicinity.
Support a variety of residential categories (low-, medium-, medium-high and high-density single-family,
multi-family, townhouses, duplexes, apartments, condominiums, etc.) for the purpose of providing the
City with a range of affordable housing opportunities.
The proposed assisted living facility will provide another housing option in this portion of the City
adjacent to future medium density residential uses. Staff is unaware of how “affordable” it will be.
“Require neighborhood and community commercial areas to create a site design compatible with
surrounding uses (e.g. landscaping, fences, etc.).” (3.05.02A)
The neighborhood commercial development is proposed to be separated from future residential
development to the west by a local street (S. Tavistock Ave.) and landscaped street buffer.
“Identify and encourage medical service related industry which are currently lacking.” (2.02.01A)
The proposed medical clinic and anticipated medical and dental offices should provide much needed
services in this area of the City that are currently lacking.
“Restrict private curb cuts and access points on collectors and arterial streets.” (3.06.02D)
The UDC (11-3A-3) restricts access to arterial and collector streets when access is available from a
local street. Because no access is available via a local street, a driveway is proposed via E. Amity Road,
an arterial street, and via S. Hillsdale Avenue, a future collector street; these accesses and locations are
approved by ACHD as shown on the revised site plan in Exhibit A.4.
“Permit new development only where urban services can be reasona bly provided at the time of final
approval and development is contiguous to the City.” (3.01.01F)
City services are available to be extended by the developer to the proposed lots upon development of the
site in accord with UDC 11-3A-21.
“Review new development for appropriate opportunities to connect local roads and collectors to adjacent
properties (stub streets). (3.03.020)
There are no stub streets to this property from adjacent properties. A collector street is proposed along
the east boundary of the site for connection to Amity Road for the properties to the south. A north/south
stub street is proposed along the west boundary of the site for future extension and interconnectivity.
“Plan for and encourage services like health care, daycare, grocery stores and recreational areas to be
built within walking distance of residential dwellings.” (2.01.01C)
EXHIBIT A
Hill’s Century Farm Commercial – MDA, PP H-2016-0092 PAGE 6
The proposed medical clinic, assisted living facility and anticipated future uses on the site are within
walking distance of adjacent existing and future residential dwellings.
“Require screening and buffering of commercial and industrial properties to residential use with
transitional zoning.” (3.06.01E)
The proposed C-N zoning provides a transition in zoning between neighborhood commercial and
residential uses. A minimum 10-foot wide landscape buffer will also be required along S. Tavistock
Avenue along the west boundary of the commercial portion of the site.
Staff feels the proposed assisted living facility and medical clinic along with future uses as anti cipated are
consistent with the uses desired in the MU-N area and appropriate for this property. Additionally, the
location of the neighborhood commercial area near the mid-mile with an elementary school, YMCA, City
Park and a library and health complex to the south, along with supporting residential uses meets the intent of
mixed use designated areas.
VIII. ANALYSIS
A. Analysis of Facts Leading to Staff Recommendation:
1. DEVELOPMENT AGREEMENT MODIFICATION (MDA): A modification to the development
agreement (DA) (Instrument No. 2015-061375) to include a detailed site plan and modification of certain
provisions of the agreement is proposed as follows:
The conceptual development plan included in Exhibit A of the DA depicts a “bubble” plan for
the mixed use designated area that lists future possible uses and no site details (see below). A
provision in the DA requires a detailed site plan to be submitted and approved prior to a plat
application being submitted and any development occurring beyond the school/YMCA/park site
to ensure development is consistent with the objectives and vision of the MU-N designation.
A detailed plan for the first phase of development is proposed which includes a medical clinic at the
northeast corner of the site with an assisted living facility immediately to the west on 2 building lots
on 6 acres of land (see Exhibit A.4). Details are not included for the 18 building lots on the
remaining 13.7 acre portion of the neighborhood commercial area but the applicant anticipates many
of these lots will be consolidated as users are determined; such users are anticipated to include
EXHIBIT A
Hill’s Century Farm Commercial – MDA, PP H-2016-0092 PAGE 7
professional offices, dental/medical clinics, daycares, gift shops, dry cleaner/laundromat, salons/spas
and other neighborhood-scale uses as desired in MU-N designated areas.
The applicant’s narrative assumes that with submittal of the proposed site plan that they’ve complied
with the aforementioned DA provision and that no further modifications will be required for the
remainder of the site if uses such as those anticipated are provided. Because the intent of the
requirement is not solely to ensure MU-N appropriate uses are provided, but to ensure arrangement
of buildings in the commercial portion of the development provide for a common usable area (i.e. a
plaza or green space); an overall design consistent the with the mixed use neighborhood concept
plan in the Comprehensive Plan (Figure 3-1) with a transition in uses to the future medium density
residential development to the west; a pedestrian pathway network that links the mixed use area with
the YMCA site to the south, and provision of smaller scale non-residential uses that provide goods
or services that people living in the immediate vicinity need regularly, staff does not agree with this
assumption and clarifies that subsequent modifications are still required.
Because the provision currently requires a detailed site plan to be submitted prior to plat approval
and the applicant does not have details yet for the remainder of the site, staff recommends allowing
the applicant to proceed forward with the preliminary plat and first phase of development provided
that no final plats are approved on the portion of the site where a detailed site plan has not been
approved. See Exhibit A.5 for Staff’s recommended modification.
Second, the applicant proposes DA provision #5.1g.xii is deleted which states, “Maximum building
size should be limited to a 20,000 square foot building footpring (excluding the school site) unless a
structure contains a mix of both residential and office or commercial land uses.”
Because the provision is not a requirement but something that should be considered when reviewing
development applications, per the Comprehensive Plan (pg. 24), staff does not recommend deletion
of this provision. However, staff does recommend the provision is clarified accordingly to avoid
confusion of requirements vs. recommendations/considerations. See Exhibit A.5 for Staff’s
recommended modifications.
Last, the applicant proposes a modification to provision #5.1.i as follows, “The annexation area shall
be subdivided prior to issuance of any single-family residential building permits or for issuance of
occupancy permits for commercial buildings beyond those required for the development of the
school, YMCA and park site as shown on the conceptual development plan.”
Because the DA requires detailed site plan approval through a modification to the agreement and
because details haven’t yet been provided for 13.7 acres of the commercial area, staff does not
recommend modification of this provision as proposed. However, Staff is amenable to modifying the
provision as follows: “The annexation area shall be subdivided prior to issuance of any building
permits beyond those required for the development of the school, YMCA and park site as shown on
the conceptual development plan; and the assisted living facility and medical clinic shown on the
detailed site plan approved with H-2016-0092.” See Exhibit A.5.
Note: A conditional use permit is required for an assisted living facility (i.e. nursing/residential care
facility) in the C-N zoning district per UDC Table 11-2B-2 the use is subject to the specific use
standards listed in UDC 11-4-3-29.
2. PRELIMINARY PLAT (PP): A preliminary plat is proposed consisting of 20 building lots and 2
common lots on 19.73 acres of land in the C-N zoning district.
The boundary of the proposed plat does not encompass all of the area included in Parcel 2 shown
on the Record of Survey (recorded as #10215) in Exhibit A.1; a 171.42 foot wide strip of l and,
EXHIBIT A
Hill’s Century Farm Commercial – MDA, PP H-2016-0092 PAGE 8
zoned R-8, along the west boundary is not included. Because this will create a remnant parcel
that’s not legal to build on, staff recommends this area is included in a revised preliminary plat.
This property will likely be included in a future plat when the parcel to the west develops.
Dimensional Standards: The lots in the proposed subdivision are required to comply with the
dimensional standards of the C-N zoning district listed in UDC Table 11-2B-3. Staff has reviewed the
proposed plat and found it in compliance with these standards.
Building setbacks and height are required to comply with the standards noted in UDC Table 11-2B-3 for
the C-N district.
Access/streets: A local street (S. Tavistock Ave.) is proposed for access via E. Amity Road, an arterial
street; and another local street (E. Hill Park St.) is proposed for access via S. Hillsdale Ave., a future
collector street. A driveway access is depicted on the plat for the proposed commercial development via
E. Amity Road and S. Hillsdale Avenue. A future roundabout is depicted at the intersection of E. Amity
Road and S. Hillsdale Avenue.
The UDC (11-3A-3) requires access to be provided via local streets when available to improve safety by
combining and/or limiting access points to collector and arterial streets and ensuring that motorists can
safely enter all streets. The site plan is required to be reconfigured to reflect access only via the
proposed local streets unless otherwise waived by City Council. The applicant requests a waiver
from Council for the proposed access points via Amity and Hillsdale. Note: The applicant has
requested a modification of ACHD policy to allow the proposed accesses; ACHD staff is in support of
the request with the modified driveway locations shown on the site plan in Exhibit A.4.
With inclusion of the R-8 zoned property to the west in the plat, S.Tavistock Ave. should be constructed
as a complete street within this site and stubbed to the adjacent property to the south.
A cross-access/ingress-egress easement should be granted between lots in the proposed subdivision for
access to streets in accord with UDC 11-3A-3.
Landscaping: A 25-foot wide street buffer is required along E. Amity Road, an arterial street; a 20-foot
wide buffer is required along S. Hillsdale Avenue, a collector street; and a 10-foot wide buffer is
required along S. Tavistock Avenue and E. Hill Park Street, both local streets, in accord with the
standards listed in UDC 11-3B-7C.
Sidewalks: Sidewalks are required to be constructed with development in accord with UDC 11-3A-17.
A minimum 5-foot wide detached sidewalk is required along E. Amity Road, an arterial street, and S.
Hillsdale Avenue, a future collector street; and a minimum 5-foot wide attached (or detached) sidewalk
is required along S. Tavistock Avenue and E. Hill Park Street as shown on the landscape plan.
Pathways: The Pathways Master Plan does not designate a pathway on this site. However, pedestrian
connections should be provided that link the mixed use area with adjacent single-family development
and the City Park and YMCA to the south.
Common Open Space & Site Amenities: Commercial development is not required to provide common
open space and site amenities as set forth in UDC 11-3G-3; however, the mixed use standards in the
Comprehensive Plan recommends a public plaza or open space is provided. The western 6 acre
residential portion of the site that staff recommends is included in this plat is required to provide
common open space and site amenities; however, because that area will be included in a future plat for
medium density residential lots, staff does not recommend open space and amenities are required at this
time and instead is reviewed as part of the larger residential development planned to the west.
Fencing: No fencing is proposed with this development. All fencing should comply with the standards
listed in UDC 11-3A-17.
EXHIBIT A
Hill’s Century Farm Commercial – MDA, PP H-2016-0092 PAGE 9
Waterways: The Cunningham Lateral crosses this site and is proposed to be relocated and piped along
the east side of this site.
The Boise Project Board of Control requires a 40-foot wide easement for the relocation of the lateral
through Lots 10 and 11 and a portion of Lot 20 along the west side of S. Hillsdale Avenue. No trees are
allowed within the easement which overlaps the area where a landscaped street buffer is required along
Hillsdale. Therefore, the applicant should apply for alternative compliance to UDC 11-3B-7C with the
final plat application that contains the land in which the easement lies.
Utilities: All development is required to connect to the City water and sewer system unless otherwise
approved by the City Engineer in accord with UDC 11-3A-21.
Street lighting is required to be installed within the development in accord with the City’s adopted
standards, specifications and ordinances.
Pressurized Irrigation (PI): An underground PI system is proposed to be provided to each lot in the
subdivision in accord with UDC 11-3A-15. The system will be operated and maintained by the Owner’s
Association.
Storm Drainage: A storm drainage system is required for the development in accord with the City’s
adopted standards, specifications and ordinances. Design and construction shall follow best management
practice as adopted by the City in accord with UDC 11-3A-18. Stormwater is proposed to be retained in
an onsite detention area in accord with ACHD requirements.
Building Elevations: Conceptual building elevations were submitted for future retail, office and
professional services buildings and the assisted living/memory care facility as shown in Exhibit A.6.
Building materials for the commercial buildings are depicted as stucco cornices, a 3 coat stucco system
on metal lath, tension canopies, aluminum window frames with tinted and insulated glass; stone veneer
wall and base. Building materials for the residential care facility are depicted as cultured stone with
“hardi” lap and shake siding, and wood timber truss gable elements and asphalt shingles.
All structures are required to comply with the design standards listed in the Architectural Standards
Manual.
Staff recommends approval of the proposed MDA application as recommended by staff in Exhibit A.5
and PP application with the conditions included in Exhibit B.
IX. EXHIBITS
A. Drawings/Other
1. Vicinity/Zoning Map & Record of Survey
2. Proposed Preliminary Plat (dated: 7/14/16)
3. Proposed Landscape Plan (dated: 7/14/16)
4. Proposed Site Plan (dated: 8/2/16)
5. Proposed Modifications to Development Agreement as Recommended by Staff
6. Conceptual Building Elevations (dated: July 2016)
B. Agency & Department Comments/Conditions
C. Required Findings from Unified Development Code
EXHIBIT A
Hill’s Century Farm Commercial – MDA, PP H-2016-0092 PAGE 10
Exhibit A.1: Vicinity/Zoning Map & Record of Survey
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EXHIBIT A
Hill’s Century Farm Commercial – MDA, PP H-2016-0092 PAGE 11
EXHIBIT A
Hill’s Century Farm Commercial – MDA, PP H-2016-0092 PAGE 12
Exhibit A.2: Proposed Preliminary Plat (dated: 7/14/16) – NOT APPROVED
EXHIBIT A
Hill’s Century Farm Commercial – MDA, PP H-2016-0092 PAGE 13
Exhibit A.3: Proposed Landscape Plan (dated: 7/14/16) – NOT APPROVED
EXHIBIT A
Hill’s Century Farm Commercial – MDA, PP H-2016-0092 PAGE 14
Exhibit A.4: Conceptual Development Plan (dated: 8/2/16)
EXHIBIT A
Hill’s Century Farm Commercial – MDA, PP H-2016-0092 PAGE 15
Exhibit A.5: Proposed Modifications to Development Agreement as Recommended by staff
Proposed changes are noted in strike-out/underline format.
5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY:
5.1. Owner/Developer shall develop the Property in accordance with the following
special conditions:
a. Improve S. Howry Lane/S. Hillsdale Avenue as a public street adjacent to the east boundary
of this site as required by Ada County Highway District.
b. Business hours of operation in the C-N district shall be limited from 6:00 am to 10:00 pm as
set forth in UDC11-2B-3A.4, except for the YMCA which is allowed to operate from 5:00
am to 10:00 pm. The residential care facility use does not violate the limitation on the hours
of operation.
c. Future development of this site shall be generally consistent with the concept plans
submitted with this application included in Exhibit A.3 of the Staff Report that is attached to
the Findings of Fact and Conclusions of Law in the original development agreement (Inst.
2015-061375); and Exhibits A.4 and A.6 of the Staff Report that is attached to the Findings
of Fact and Conclusions of Law in the amended development agreement (H-2016-0092)
(Exhibit “B”).
d. Future development of this site should include a pedestrian pathway network that links the
mixed use area with the residential and the elementary school/YMCA site as well as
adjacent off-site properties. Vehicular connections should also be provided for
interconnectivity within the site.
e. The existing home in the R-8 zoning district that is proposed to remain at the south
boundary of the annexation area midway between S. Eagle Road and S. Howry Lane shall
be required to hook up to City water and sewer service within 60 days of services becoming
available from the development of the adjacent R-8 zoned property per MCC 9-1-4A; the
existing home that fronts on E. Amity Road that is proposed to be removed with
redevelopment of the site and the existing home that fronts on S. Howry Lane that is
proposed to remain in the C-N district as long as the Hill’s reside there are not required to
hook up to City services.
f. The rear or sides of homes on lots that face S. Eagle Road and E. Amity 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.
g. Because the conceptual “bubble” plan for the mixed use area shown in Exhibit A.3 of the
Staff Report that is attached to the Findings of Fact and Conclusions of Law (Exhibit “B”) is
very conceptual in nature and only depicts future possible uses and no site details, a more
detailed plan shall be submitted through an amendment to the development agreement and
approved prior to a final plat application being submitted and any development occurring
beyond the school/YMCA/park site. To ensure future development is consistent with the
objectives and vision of the MU-N designation, at a minimum, the future plan should
incorporate the following the following items will be considered in reviewing development
applications:
EXHIBIT A
Hill’s Century Farm Commercial – MDA, PP H-2016-0092 PAGE 16
i. Buildings in the commercial portion of the development should be arranged to create
some form of common usable area such as a plaza or green space;
ii. Transitional uses and/or landscape buffering should be provided between
commercial and existing/future low- or medium-density residential development;
iii. The project should include at least 3 types of land uses;
iv. Community serving facilities (i.e. a school, park, YMCA, library, hospitals,
churches, daycares, civic buildings, or public safety facilities) should be provided;
v. Public and quasi-public spaces (i.e. plazas, parks, outdoor gathering areas, open
space, library and schools) should comprise a minimum of 10% of the development
area;
vi. Street sections consistent with the Ada County Hi ghway District Master Street Map
are required;
vii. Neighborhood serving uses and dwellings should be integrated;
viii. Residential uses should comprise a minimum of 40% of the development area with
net densities ranging from 4 to 8 units per acre with supporting non-residential
services. Non-residential uses should be smaller scale and provide a good or service
that people typically don’t travel more than a mile for and need regularly;
ix. Non-residential buildings should be proportional to and blend in with residential
buildings;
x. Employment opportunities for those living in the neighborhood are encouraged;
xi. Connectivity and access between non-residential and residential land uses is critical
The mixed use project should be directly accessible to neighborhoods within the
section by both vehicles and pedestrians;
xii. Maximum building size should be limited to a 20,000 s.f. building footprint
(excluding the school site unless a structure contains a mix of both residential and
office or commercial land uses;
xiii. Planning of the C-N property north of the park and YMCA shall consider
appropriate visibility, parking and emergency access to the future neighborhood
park.
xiv. Sample uses appropriate in the MU-N area would include: townhouses, multi-family
developments, neighborhood grocer, drug stores, coffee/sandwich/ice-cream shops,
vertically integrated buildings, live-work spaces, dry cleaner/laundromat,
salons/spas, daycares, neighborhood-scale professional offices, medical/dental
clinics, gift shops, schools, parks, churches, clubhouses, public uses, and other
appropriate neighborhood-scale uses.
h. A landscape buffer to residential uses is not required adjacent to the Hill home at the
southeast corner of the site as buffering will be achieved through the adjacent City Park,
YMCA and school complex and the property will eventually be part of the YMCA site.
i. The annexation area shall be subdivided prior to issuance of any building permits beyond
those required for the development of the school, YMCA and park site as shown on the
EXHIBIT A
Hill’s Century Farm Commercial – MDA, PP H-2016-0092 PAGE 17
conceptual development plan; and the assisted living facility and medical clinic shown on
the detailed site plan approved with H-2016-0092.
EXHIBIT A
Hill’s Century Farm Commercial – MDA, PP H-2016-0092 PAGE 18
Exhibit A.6: Conceptual Building Elevations (dated: July 2016)
EXHIBIT A
Hill’s Century Farm Commercial – MDA, PP H-2016-0092 PAGE 19
EXHIBIT A
Hill’s Century Farm Commercial – MDA, PP H-2016-0092 PAGE 20
EXHIBIT A
Hill’s Century Farm Commercial – MDA, PP H-2016-0092 PAGE 21
B. Agency & Department Comments
1. PLANNING DIVISION
1.1 Site Specific Conditions of Approval
1.1.1 The preliminary plat included in Exhibit A.2, dated 7/14/16, shall be revised as follows:
a. Include the western 171.42 foot wide R-8 zoned area depicted within Parcel 2 on the Record of
Survey (#10215) within the boundary of the plat.
b. Include a street buffer within a common lot along S. Tavistock Ave. and E. Amity Road as set forth
in UDC 11-2B-3 on the R-8 zoned portion of the site. The buffer is required to be maintained by the
Homeowner’s Association; a note should be added on the plat accordingly.
c. Remove the access driveways depicted via E. Amity Road and S. Hillsdale Avenue unless a waiver
is approved by City Council to the standards listed in UDC 11-3A-3. A waiver to UDC 11-3A-3 was
approved by City Council for a driveway access via E. Amity Road and S. Hillsdale Avenue.
d. A cross-access/ingress-egress easement shall be granted between lots in the proposed subdivision in
accord with UDC 11-3A-3.
e. Include the 2 common area lots in the Development Data table.
1.1.2 The landscape plan included in Exhibit A.3, dated 7/14/16, shall be revised as follows:
a. Include all of the area shown within Parcel 2 on the Record of Survey recorded as #10215 within the
boundary of the site as required in condition #1.1.1a above.
b. Remove the access driveways depicted via E. Amity Road and S. Hillsdale Avenue unless a waiver
is approved by City Council to the standards listed in UDC 11 -3A-3. A waiver to UDC 11-3A-3 was
approved by City Council for a driveway access via E. Amity Road and S. Hillsdale Avenue.
c. No trees are allowed within the portion of the street buffer along S. Hillsdale Avenue that contains
the easement for the Cunningham Lateral. The applicant shall submit an application for alternative
compliance to UDC 11-3B-7C.3 as set forth in UDC 11-5B-5.
d. Include a street buffer along S. Tavistock Ave. as set forth in UDC Table 11-2B-3 per the standards
listed in UDC 11-3B-7C.
1.1.3 Construct S.Tavistock Ave. as a complete street section within this site with a stub to the adjacent
property to the south.
1.1.4 The existing structures on the site shall be removed prior to signature on the final plat by the City
Engineer for the phase in which they are located.
1.1.5 The developer shall construct all proposed fencing and/or any fencing required by the UDC, consistent
with the standards as set forth in UDC 11-3A-7 and 11-3A-6B.
1.2 General Conditions of Approval
1.2.1 Comply with all bulk, use, and development standards of the C-N zoning district listed in UDC Table
11-2B-3.
1.2.2 Comply with all provisions of 11-3A-3 with regard to access to streets. A waiver to UDC 11-3A-3 was
approved by City Council for a driveway access via E. Amity Road and S. Hillsdale Avenue.
1.2.3 Construct on-street bikeways on all collector streets as set forth in UDC 11-3A-5.
1.2.4 Comply with the provisions for irrigation ditches, laterals, canals and/or drainage courses, as set forth in
UDC 11-3A-6.
EXHIBIT A
Hill’s Century Farm Commercial – MDA, PP H-2016-0092 PAGE 22
1.2.5 Provide a pressurized irrigation system consistent with the standards as set forth in UDC 11 -3A-15,
UDC 11-3B-6 and MCC 9-1-28.
1.2.6 Comply with the sidewalk standards as set forth in UDC 11-3A-17.
1.2.7 Install all utilities consistent with the standards as set forth in UDC 11-3A-21 and 11-3B-5J.
1.2.8 Construct all off-street parking areas consistent with the standards as set forth in UDC 11-3C-6 for non-
residential uses.
1.2.9 Construct the required landscape buffers consistent with the standards as set forth in UDC 11-3B-7C.
1.2.10 Construct storm water integration facilities that meet the standards as set forth in UDC 11-3B-11C.
1.2.11 Construct all parkways consistent with the standards as set forth in UDC 11-3A-17E, 11-3G-3B5 and 11-
3B-7C.
1.2.12 Comply with all subdivision design and improvement standards as set forth in UDC 11-6C-3, including
but not limited to cul-de-sacs, alleys, driveways, common driveways, easements, blocks, street buffers,
and mailbox placement.
1.2.13 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.
1.2.14 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.
1.3.4 The applicant and/or property owner shall have an ongoing obligation to prune all trees to a minimum
height of six feet above the ground or sidewalk surface to afford greater visibility of the area.
1.3.5 The applicant shall have an ongoing obligation to maintain all pathways.
1.3.6 The applicant has a continuing obligation to comply with the outdoor lighting provisions as set forth in
UDC 11-3A-11.
1.3.7 The applicant and/or property owner shall have an ongoing obligation to maintain all landscaping and
constructed features within the clear vision triangle consistent with the standards in UDC 11 -3A-3.
1.4 Process Conditions of Approval
1.4.1 No signs are approved with this application. Prior to installing any signs on the property, the applicant
shall submit a sign permit application consistent with the standards in UDC Chapter 3 Article D and
receive approval for such signs.
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.
EXHIBIT A
Hill’s Century Farm Commercial – MDA, PP H-2016-0092 PAGE 23
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 Applicant shall be responsible for the extension of sanitary sewer and water mains to provide service,
including, but not limited to a 12-inch water mainline across the development frontage in E. Amity Road
per MCC 9-1-11B.
2.1.2 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
2.2 General Conditions of Approval
2.2.1 Applicant shall coordinate water and sewer main size and routing with the Public Works Department,
and execute standard forms of easements for any mains that are required to provide service outside of a
public right-of-way. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-
grade is less than three feet than alternate materials shall be used in conformance of City of Meridian
Public Works Departments Standard Specifications.
2.2.2 Per Meridian City Code (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 signature of
the final plat by the City Engineer.
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 within the bounds of the plat or right-of-way that are required to be removed shall
be prior to signature on the final plat by the City Engineer.
EXHIBIT A
Hill’s Century Farm Commercial – MDA, PP H-2016-0092 PAGE 24
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 occupancy permits All
improvements related to public life, safety and health shall be completed prior to occupancy of the
structures. Where approved by the City Engineer, an owner may post a performance surety for such
improvements in order to obtain City Engineer signature on the final plat as set forth in UDC 11-5C-3B.
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, or bonded, prior to obtaining
certificates of occupancyIn the event that an applicant and/or owner cannot complete non-life, non-safety
and non-health improvements, prior to City Engineer signature on the final plat and/or prior to
occupancy, a surety agreement may be approved as set forth in UDC 11-5C-3C.
2.2.12 Applicant shall be required to pay Public Works development plan review, and construction inspection
fees, as determined during the plan review process, prior to the issuance of a plan approval letter.
2.2.13 It shall be the responsibility of the applicant to ensure that all development features comply with the
Americans with Disabilities Act and the Fair Housing Act.
2.2.14 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may
be required by the Army Corps of Engineers.
2.2.15 Developer shall coordinate mailbox locations with the Meridian Post Office.
2.2.16 All grading of the site shall be performed in conformance with MCC 11-1-4B.
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 j urisdiction 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.
EXHIBIT A
Hill’s Century Farm Commercial – MDA, PP H-2016-0092 PAGE 25
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 comments on this application.
4. FIRE DEPARTMENT
4.1 The Fire Department has no comments related to this application.
5. REPUBLIC SERVICES
5.1 Republic Services has no comments related to this application.
6. PARKS DEPARTMENT
6.1 On-street parking shall be provided on the south side of the street (E. Hill Park St.) adjacent to the park.
7. ADA COUNTY HIGHWAY DISTRICT
7.1 Site Specific Conditions of Approval
7.1.1 Dedicate 37-feet of right-of-way from the centerline of Amity Road abutting the site’s west property line
tapering to 49-feet at the Howry Lane/Hillsdale Avenue intersection.
7.1.2 Widen the pavement on Amity Road to 17-feet from centerline, tapering to 24-feet to provide a
dedicated right turn lane at the Howry Lane/Hillsdale Avenue intersection abutting the site.
7.1.3 Construct a 5-foot wide detached concrete sidewalk located 31-feet from the centerline of Amity Road at
the west property line tapering to 42-feet from centerline at the Howry Lane/Hillsdale Avenue
intersection abutting the site. Provide a permanent right-of-way easement or any portion of the sidewalk
located outside of the dedicated right-of-way.
EXHIBIT A
Hill’s Century Farm Commercial – MDA, PP H-2016-0092 PAGE 26
7.1.4 Coordinate with the West Ada School District and other area property owners to acquire the right-of-way
necessary to construct the center left turn lane on Amity Road.
7.1.5 Construct a center left turn lane on Amity Road at the Howry Lane/Hillsdale Avenue intersection.
7.1.6 Construct a dedicated right turn lane on Amity Road at the Howry Lane/Hillsdale Avenue intersection,
as proposed.
7.1.7 Dedicate additional right-of-way at for Howry Lane/Hillsdale Avenue at Amity Road to allow for the
future construction of a single lane roundabout at the Howry Lane/Hillsdale Avenue/Amity Road
intersection, as shown on page 6. This includes the existing 20-foot wide private road easement for
Howry Lane.
7.1.8 South of the influence area of the roundabout dedicate 38.5 feet of right-of-way for Howry
Lane/Hillsdale Avenue abutting the site. This includes the existing 20-foot wide private road easement
for Howry Lane.
7.1.9 The existing 20-foot wide private road easement for Howry Lane, shall be dedicated as right-of-way
prior to plans acceptance and ACHD’s signature on the first final plat.
7.1.10 If the applicant is unable to coordinate the dedication of the existing 20-foot wide private road easement
for Howry Lane, as right-of-way, then the road will need to be to be shifted to the west. If the roadway
does need to be shifted to the west, then submit a revised preliminary plat to ACHD for review and
approval.
7.1.11 Construct Howry Lane/Hillsdale Avenue as Avenue as half of a 36-foot residential collector street
section plus 12-feet of pavement to total 30-feet, with vertical curb, gutter, an 6-foot wide planter strip
and 8-foot wide detached concrete sidewalk abutting the site and a gravel shoulder and barrow ditch on
the opposite side of the roadway, as proposed. Provide a permanent right-of-way easement for the
detached concrete sidewalks located outside of the right-of-way. If street trees are desired, widen the
planter strip to a minimum width of 8-feet.
7.1.12 Construct a dedicated left turn lane on Howry Lane/Hillsdale Avenue at the Amity Road intersection to
as recommend in the Hillsdale Elementary & YMCA Master Plan TIS. Coordinate the design of the
intersection (one entry/receiving lane, and simultaneous left and right turns onto Amity Road with
District Planning Review staff.
7.1.13 Coordinate with the YMCA and SRS AZ Investors, LLC to dedicate the right-of-way necessary to
accommodate the construction of Howry Lane/Hillsdale Avenue abutting the YMCA parcel.
7.1.14 If the applicant is able to coordinate with the YMCA and SRS AZ Investors, LLC to dedicate the right-
of-way necessary for the construction of Howry Lane/Hillsdale Avenue ACHD is willing to pay for the
construction of the half street abutting the YMCA site as part of a cooperative development agreement
(CDA) with the YMCA and SRS AZ Investors, LLC. The CDA would note that ACHD would front the
design and construction costs associated with constructing Howry Lane/Hillsdale Avenue abutting the
YMCA parcel to complete the street and that the YMCA and SRS AZ Investors, LLC would reimburse
ACHD for their proportional share of the roadway design and construction when ACHD receives
development applications for those sites.
7.1.15 If the applicant is able to coordinate the right-of-way dedication to allow for Howry Lane/Hillsdale
Avenue to be constructed abutting the YMCA site, then the applicant should enter into a CDA with
ACHD for the construction of the roadway. The CDA would note that the applicant would design and
build Howry Lane from its current terminus north to Amity Road as ½ of a residential collector
roadway, and that ACHD will reimburse the applicant for the design and construction of the portion of
the roadway abutting the YMCA site.
EXHIBIT A
Hill’s Century Farm Commercial – MDA, PP H-2016-0092 PAGE 27
7.1.16 Prior to ACHD’s signature on the first final plat provide a road trust deposit in the amount of $15,000 for
the roundabout at the Amity Road/Howry Lane-Hillsdale Avenue intersection.
7.1.17 Construct Hill Park Street as a 36-foot street commercial street section with vertical curb, gutter, an 8-
foot wide planter strip, and 5-foot wide detached concrete sidewalks within 63-feet of right-of-way, as
proposed. The street section may be reduced to 33 to 34-feet with fire department approval.
7.1.18 Construct Tavistock Avenue as half of a 36-foot street section plus 12-feet of pavement to total 30-feet,
with vertical curb, gutter, an 8-foot wide planter strip and 5-foot wide detached concrete sidewalk
abutting the site and a gravel shoulder and barrow ditch on the opposite side of the roadway within 63-
feet of right-of-way, as proposed.
7.1.19 Construct 2 public streets onto Amity Road, as proposed. Travistock Avenue located ¼ mile east of
Eagle Road and Howry Lane/Hillsdale Avenue located ½ mile east of Eagle Road.
7.1.20 Construct one to the south, Travistock Avenue, located at the site’s southwest property line. Install sign
terminus of Travistock Avenue stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE.”
7.1.21 If Howry Lane/Hillsdale Avenue is not constructed abutting the YMCA site, construct one stub street to
the south, Howry Lane/Hillsdale Avenue, located at the site’s southeast property line. Install a sign at the
terminus of Howry Lane/Hillsdale Avenue stating that “THIS IS A DESIGNATED COLLECTOR
ROADWAY. THIS STREET WILL BE EXTENDED AND WIDENDED IN THE FUTURE.”
7.1.22 Construct one 36-foot wide full access driveway onto Amity Road located 575-feet east of Travistock
Avenue and 575-feet west of Howry Lane/Hillsdale Avenue, as proposed. Pave the driveway it’s full
width at least 30-feet into the site beyond the edge of pavement of Amity Road.
7.1.23 Construct one 36-foot wide full access driveway onto Howry Lane/Hillsdale Avenue located 405-feet
south of Amity Road and 300-feet north of Park Hill Street, as proposed. Pave the driveway it’s full
width at least 30-feet into the site beyond the edge of pavement of Howry Lane/Hillsdale Avenue
abutting the site.
7.1.24 Construct four 36-foot wide driveways onto Park Hill Street. The driveways are to align centerline to
centerline and are located 210 and 635-feet west of Howry Lane/Hillsdale Avenue. Pave all four
driveways their full width at least 30-feet into the site beyond the edge of pavement of Park Hill Street.
7.1.25 Direct lot access is prohibited to Amity Road and Howry Lane/Hillsdale Avenue and shall be noted on
the final plat.
7.1.26 Payment of impacts fees are due prior to issuance of a building permit.
7.1.27 Comply with all Standard Conditions of Approval.
7.2 Standard conditions of approval
7.2.1 All irrigation facilities shall be relocated outside of the ACHD right -of-way.Private Utilities
including sewer or water systems are prohibited from being located within the ACHD right-of-
way.
7.2.2 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.
7.2.3 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.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.
EXHIBIT A
Hill’s Century Farm Commercial – MDA, PP H-2016-0092 PAGE 28
7.2.4 All utility relocation costs associated with improving street frontages abutting the site shall be
borne by the developer.
7.2.5 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.
7.2.6 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.
7.2.7 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.
7.2.8 Construction, use and property development shall be in conformance with all applicable
requirements of ACHD prior to District approval for occupancy.
7.2.9 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.
7.2.10 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
Hill’s Century Farm Commercial – MDA, PP H-2016-0092 PAGE 29
C. Required Findings from Unified Development Code
1. PRELIMINARY PLAT:
In consideration of a preliminary plat, combined preliminary and final plat, or short plat, the
decision-making body shall make the following findings:
a. The plat is in conformance with the Comprehensive Plan;
The City Council finds that the proposed plat is in substantial compliance with the adopted
Comprehensive Plan in regard to 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;
The City Council finds that public services will be provided to the subject property upon
development. (See Exhibit B of the Staff Report for more information from public service
providers.)
c. The plat is in conformance with scheduled public improvements in accord with the
City’s capital improvement program;
Because City water and sewer and any other utilities will be provided by the developer at
their own cost, the City 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 City Council finds there is public financial capability of supporting services for the
proposed development based upon comments from the public service providers (i.e., Police,
Fire, ACHD, etc.). (See Exhibit B for more detail.)
e. The development will not be detrimental to the public health, safety or general welfare;
and
The City Council is not aware of any health, safety, or environmental problems associated
with the platting of this property. ACHD considers road safety issues in their analysis.
f. The development preserves significant natural, scenic or historic features.
The City Council is unaware of any significant natural, scenic or historic features that exist
on this site.
Meridian City Council Meeting
DATE: October 18.2016
ITEM TITLE
License Agreement
ITEM NUMBER:
PROJECT NUMBER:
Temporary License Agreement Between the Ada County Highway
District and the City of Meridian Regarding the Ten Mile South
Medians
MEETING NOTES
9 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
Property Management No. - 7
Street:
T ,R ,S
TEMPORARY LICENSE AGREEMENT
THIS TEMPORARY LICENSE AGREEMENT (the "Agreement") is made and
entered into this day of , 2016 ("Effective Date"), by and
between the ADA COUNTY HIGHWAY DISTRICT, a body politic and corporate of the
state of Idaho ("ACHD"), and the CITY OF MERIDIAN, a municipal corporation of the
state of Idaho ("Licensee").
WITNESSETH:
For good and valuable consideration, the receipt and sufficiency of which is
acknowledged by the parties:
SECTION 1. RECITALS.
1.1 ACHD owns and has exclusive jurisdiction over the public right-of-way
located within the City of Meridian, Ada County, Idaho, more particularly described as
Ten Mile Road (the "Right -of -Way").
1.2 Licensee desires a license to use the Right -of -Way for the limited
purposes hereinafter set forth, and, for the consideration and on the terms and
conditions hereinafter set forth, ACHD is willing to extend such license to Licensee.
SECTION 2. LICENSE; LICENSE NOT EXCLUSIVE.
2.1 On the terms and conditions hereinafter set forth, ACHD hereby extends
to Licensee a license on, over, across and under the Right -of -Way for the following
uses and purposes ("Authorized Use") and no others:
Installation, maintenance, repair and replacement of landscaping within existing
medians, together with irrigation improvements to serve said landscaping, as
depicted on Exhibit "A" attached hereto.
2.2 This Agreement does not extend to Licensee the right to use the Right -of -
Way to the exclusion of ACHD for any use within its jurisdiction, authority and discretion
or of others to the extent authorized by law to use public right-of-way. If the Right -of -
Way has been opened as a public Highway (as used in the Agreement, the term
"Highway" is as defined in Idaho Code § 40-109(5)), Licensee's Authorized Use is
subject to the rights of the public to use the Right -of -Way for Highway
purposes. Licensee's Authorized Use is also subject to the rights of holders of
easements of record or obvious on inspection of the Right -of -Way and statutory rights
TEMPORARY LICENSE AGREEMENT - Page 1
TEMPORARY LICENSE AGREEMENT - Page 2
of utilities to use the public right-of-way. This Agreement is not intended to, and shall
not, preclude or impede the ability of ACHD to enter into other similar agreements in the
future allowing third parties to also use its public rights-of-way, or the ability of ACHD to
redesign, reconstruct, relocate, maintain and improve its public rights-of-way and
Highways as authorized by law and as it determines, in its sole discretion, is
appropriate.
SECTION 3. CONSTRUCTION OR INSTALLATION OF IMPROVEMENTS. Any
repairs or maintenance of the Licensee’s improvements currently located in the Right-
of-Way or the installation or construction of improvements by Licensee in the Right-of-
Way as permitted by the Authorized Use (the “Improvements”) shall be accomplished in
accordance with designs, plans and specifications approved in advance and in writing
by ACHD as required to satisfy applicable laws, its policies and good engineering
practices. In approving such plans and specifications, ACHD assumes no responsibility
for any deficiencies or inadequacies in the design or construction of the Improvements,
and the responsibility therefor shall be and remain in Licensee.
SECTION 4. WAIVER AND ESTOPPEL STATEMENT BY LICENSEE. Licensee
acknowledges and agrees that the license granted herein is temporary, non-
transferable and merely a permissive use of the Right-of-Way pursuant to this
Agreement. Licensee further acknowledges and agrees that it specifically assumes the
risk that the license pursuant to this Agreement may be terminated before Licensee has
realized the economic benefit of the cost of installing, constructing, repairing or
maintaining the Improvements, and Licensee hereby waives and estops itself from
asserting any claim that the license is in any way irrevocable because Licensee has
expended funds on the Improvements and the Agreement has not been in effect for a
period sufficient for Licensee to realize the economic benefit from such expenditures.
SECTION 5. TERM.
5.1 The term of this Agreement shall commence on the Effective Date, and
shall continue until terminated by either party, with or without cause, which termination
shall be effective following thirty (30) days’ advance written notice of termination given
to the other party.
5.2 If Licensee defaults in the performance of any obligations incumbent upon
it to perform hereunder, ACHD may terminate this Agreement and the rights extended
to Licensee hereunder at any time, effective at the end of thirty (30) days following the
date ACHD shall provide written notice of termination to Licensee, which notice shall
specify such default(s). Licensee shall have such thirty (30) day period to correct and
cure the specified defaults, and if so corrected and cured, to the satisfaction of ACHD,
this Agreement shall not be terminated but shall continue in full force and effect.
SECTION 6. FEE. There is no fee for Licensee’s Authorized Use of the Right-of-Way
under this Agreement.
TEMPORARY LICENSE AGREEMENT - Page 3
SECTION 7. MAINTENANCE; FAILURE TO MAINTAIN; RELOCATION OF UTILITIES.
7.1 At its sole cost and expense, Licensee shall maintain the Improvements in
good condition and repair and as required to satisfy applicable laws, the policies of
ACHD and sound engineering practices. Licensee shall have access over, across and
under the Right-of-Way for the purposes of accomplishing such repair and
maintenance.
7.2 If the Highway on and/or adjacent to the Right-of-Way is damaged as a
result of:
(i) the performance by Licensee of the maintenance required by section 7.1,
or the failure or neglect to perform such maintenance; and/or
(ii) Licensee’s design, installation or use of the Improvements, regardless of
cause;
at its sole cost and expense Licensee shall forthwith correct such deficiency and restore
the Highway and the surface of the Right-of-Way to the same condition it was in prior
thereto, and if Licensee shall fail or neglect to commence such correction and
restoration within twenty-four (24) hours of notification thereof, ACHD may proceed to
do so, in which event Licensee agrees to reimburse ACHD for the costs and expenses
thereof, including, without limitation, reasonable compensation for the use of staff and
equipment of ACHD.
7.3 Notwithstanding the provisions of section 7.2, should an emergency exist
related to the Licensee’s use of this license which threatens the stability or function of
the Highway on or adjacent to the Right-of-Way or the safety of the public use thereof,
ACHD shall have the right to immediately perform, on behalf of and at the cost of
Licensee, necessary emergency repairs.
7.4 Licensee shall be responsible for the relocation of any existing utilities
located on the Right-of-Way as may be required in connection with any construction or
installation of Improvements by Licensee in the Right-of-Way.
SECTION 8. RELOCATION OF IMPROVEMENTS. If during the term of this
Agreement ACHD requires, in its sole discretion, at any time, and from time to time, that
the Highway on and/or adjacent to the Right-of-Way be widened and/or realigned,
redesigned, improved and/or reconstructed, Licensee hereby accepts responsibility for
all costs for relocating, modifying or otherwise adapting the Improvements to such
realignment and/or relocation and/or reconstruction if required by ACHD, which shall be
accomplished by Licensee according to designs, plans and specifications approved in
advance by ACHD in writing; provided, Licensee may elect to terminate this Agreement
in lieu of complying with this responsibility, and further provided ACHD gives Licensee
adequate written notice as necessary to allow Licensee to redesign, relocate, modify or
adapt the Improvements to the realignment and/or relocation and/or reconstruction of
TEMPORARY LICENSE AGREEMENT - Page 4
the Highway and also licenses Licensee such additional area of its right-of-way, if any,
as may be necessary for the proper operation of the Improvements.
SECTION 9. PERMIT. If the proposed construction and installation of the
Improvements, or any reconstruction, relocation or maintenance thereof, requires
Licensee to obtain a permit under ACHD policies, Licensee shall first obtain such permit
from ACHD (Construction Services Division) before commencing such work, pay the
required fees and otherwise comply with the conditions set forth therein.
SECTION 10. NO TITLE IN LICENSEE. Licensee shall have no right, title or interest in
or to the Right-of-Way other than the right to temporarily use the same pursuant to the
terms of this Agreement.
SECTION 11. NO COSTS TO ACHD. Any and all costs and expenses associated with
Licensee’s Authorized Use of the Right-of-Way, or any construction or installation of
Improvements thereon, or the repair and maintenance thereof, or the relocation of
Improvements or utilities thereon, or the restoration thereof at the termination of this
Agreement, shall be at the sole cost and expense of Licensee.
SECTION 12. TAXES AND ASSESSMENTS. Licensee agrees to pay all special
assessments and personal property taxes that may be levied and assessed on the
Improvements during the term of this Agreement.
SECTION 13. RESTORATION ON TERMINATION. Upon termination of this
Agreement, Licensee shall promptly remove all Improvements and restore the Right-of-
Way to at least its present condition, less ordinary wear and tear. Should Licensee fail
or neglect to promptly remove the Improvements and restore the Right-of-Way, ACHD
may do so and assess Licensee for the costs thereof. Provided, ACHD and Licensee
may agree in writing that some or all of such Improvements are to remain on the Right-
of-Way following termination, and by entering into such an agreement Licensee thereby
disclaims all right, title and interest in and to the same, and hereby grants such
Improvements to ACHD, at no cost. Further provided, if the Authorized Use of the
Right-of-Way under this Agreement is for landscaping in ACHD right-of-way and the
irrigation and maintenance thereof, and the general purpose government with
jurisdiction has adopted ordinances, rules and regulations governing the landscaping
and maintenance of such right-of-way by owners of the adjacent property, to the extent
such owners are obligated to maintain and irrigate the landscaping Licensee need not
remove the same from the Right-of-Way.
SECTION 14. INDEMNIFICATION. Licensee hereby indemnifies and holds ACHD
harmless from and against any and all claims or actions for loss, injury, death,
damages, mechanics and other liens arising out of the failure or neglect of Licensee,
Licensee’s employees, contractors and agents to properly and reasonably make
Authorized Use of the Right-of-Way or properly construct, install, plant, repair or
maintain the Improvements thereon, or that otherwise result from the use and
occupation of the Right-of-Way by Licensee, including, without limitation, any attorneys’
fees and costs that may be incurred by ACHD in defense of such claims or actions
TEMPORARY LICENSE AGREEMENT - Page 5
indemnified against by Licensee hereunder. For claims or actions arising out of failures
or neglects occurring during the term of this Agreement, Licensee's obligations
pursuant to this section shall survive the termination of this Agreement.
SECTION 15. COMPLIANCE WITH LAW; WASTE AND NUISANCES PROHIBITED.
In connection with Licensee’s use of the Right-of-W ay, throughout the term of this
Agreement Licensee covenants and agrees to: (i) comply with and observe in all
respects any and all federal, state and local statutes, ordinances, policies, rules and
regulations, including, without limitation, those relating to traffic and pedestrian safety,
the Clean Water Act and/or to the presence, use, generation, release, discharge,
storage or disposal in, on or under the Right-of-Way of any Hazardous Materials
(defined as any substance or material defined or designated as hazardous or toxic
waste, material or substance, or other similar term, by any federal, state or local
environmental statute, regulation or ordinance presently in effect or that may be
promulgated in the future); (ii) obtain any and all permits and approvals required by
ACHD or any other unit of government; and (iii) commit no waste nor allow any
nuisance on the Right-of-Way. To the extent permitted by law, Licensee covenants and
agrees to indemnify and hold ACHD harmless from and against any and all claims,
demands, damages, liens, liabilities and expenses (including, without limitation,
reasonable attorneys' fees), arising directly or indirectly from or in any way connected
with the breach of the foregoing covenant. These covenants shall survive the
termination of this Agreement.
SECTION 16. ASSIGNMENT. Licensee cannot sell, assign or otherwise transfer this
Agreement, the license herein extended or any of its rights hereunder except with the
prior written consent of ACHD, which consent shall not be granted unless the assignee
assumes all obligations, warranties, covenants and agreements of Licensee herein
contained.
SECTION 17. ATTORNEYS’ FEES. In any suit, action or appeal therefrom to enforce
or interpret this Agreement, the prevailing party shall be entitled to recover its costs
incurred therein, including reasonable attorneys' fees.
SECTION 18. NOTICE. Any notice under this Agreement shall be in writing and be
delivered in person, or by United States Mails, postage prepaid, or by public or private
24-hour overnight courier service (so long as such service provides written confirmation
of delivery), or by facsimile verified by electronic confirmation. All notices shall be
addressed to the party at the address set forth below or at such other addresses as the
parties may from time to time direct in writing by notice given the other. Any notice shall
be deemed to have been given on (a) actual delivery or refusal, (b) three (3) days
following the day of deposit in the United States Mails, (c) the day of delivery to the
overnight courier or (d) the day facsimile delivery is electronically confirmed.
TEMPORARY LICENSE AGREEMENT - Page 6
If to ACHD: Ada County Highway District
3775 Adams Street
Garden City, Idaho 83714
Attn: Right of Way Division
If to Licensee: City of Meridian
Parks and Recreation Department
33 E. Broadway Avenue, Suite 206
Meridian, Idaho 83642
SECTION 19. SUCCESSORS AND ASSIGNS. This Agreement, the license herein
extended and the covenants and agreements herein contained shall inure to the benefit
of and be binding upon the parties hereto and their successors and, if consented to by
ACHD under section 16, Licensee’s assigns.
SECTION 20. EXHIBITS; RECITALS. All exhibits attached hereto and the recitals
contained herein are incorporated herein as if set forth in full herein.
SECTION 21. NO RECORDATION. This Agreement shall not be recorded in the
Official Real Property Records of Ada County, Idaho.
SECTION 22. WARRANTY OF AUTHORITY TO EXECUTE.
22.1 The person executing this Agreement on behalf of ACHD represents and
warrants due authorization to do so on behalf of ACHD, and that upon execution of this
Agreement on behalf of ACHD, the same is binding upon, and shall inure to the benefit
of, ACHD.
22.2 The person executing the Agreement on behalf of Licensee represents
and warrants due authorization to do so on behalf of Licensee, and that upon execution
of this Agreement on behalf of Licensee, the same is binding upon, and shall inure to
the benefit of, Licensee.
IN WITNESS WHEREOF, the undersigned have caused this Agreement to be
executed the day, month and year first set forth above.
CITY OF MERIDIAN
By: Tammy d6 Weerd
Its: Mavor /
/'rq&p?EDAUr,Us i
ATTEST: a
VEEC
iIDIAN�..
IDAHO
By:t. Jay Coles m SEAL,
Its: City Clerk
STATE OF IDAHO )
ss.
County of Ada )
On this "— day of00.,+z' )1(-
-v-- 2016, before me,
N�-(h(I h n� 1 U– a,V-C _, a Notary Public in and for the State of Idaho,
personally appeared Tammy de Weerd, known or identified to me to be the Mayor of
the City of Meridian, and C. Jay Coles, known or identified to me to be the City Clerk of
the City of Meridian, the persons who executed this instrument on behalf of said City,
and acknowledged to me that the City of Meridian executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official
seal the day, month, and year in this certificate first above written.
–aa J2,Lo��- L
Notary Public for ahoy NO
�
Residing at: Mud��}�,��'
My Commission Expires:���� • �; �;r;
TEMPORARY LICENSE AGREEMENT - Page 7
TEMPORARY LICENSE AGREEMENT - Page 8
ADA COUNTY HIGHWAY DISTRICT
By: Kent Goldthorpe
Its: President
ATTEST:
___________________________
By: Bruce Wong
Its: Director
STATE OF IDAHO )
) ss.
County of Ada )
On this _____ day of _______________, 2016, before me,
__________________________, a Notary Public in and for the State of Idaho,
personally appeared Kent Goldthorpe, known or identified to me to be the President of
the Ada County Highway District Commission, and Bruce Wong, known or identified to
me to be the Director of the Ada County Highway District, the persons who executed
this instrument on behalf of said District, and acknowledged to me that the Ada County
Highway District executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official
seal the day and year first above written.
_____________________________________
Notary Public for Idaho
Residing at: ___________________________
My Commission Expires: _________________
The Ada County Highway District (ACHD) is committed to compliance with Title VI of the Civil Rights Act
of 1964 and related regulations and directives. ACHD assures that no person shall on the grounds of
race, color, national origin, gender, disability or age, be excluded from participation in, be denied the
benefits of, or be otherwise subjected to discrimination under any ACHD service, program or activity.
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Meridian City Council Meeting
DATE: October 18,2016 ITEM NUMBER: 6E
PROJECT NUMBER:
ITEM TITLE: License Agreement
License Agreement Between the Nampa and Meridian Irrigation
District and the City of Meridian Regarding Multi -Use Pathways
on Five Mile Creek and the Creason Lateral at Reta Huskey Park
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
AGREEMENT
AGREEMENT, made and entered into this day of , 2016, by and between
NAMPA & MERIDIAN IRRIGATION DISTRICT, an irrigation district organized and existing under and
by virtue of the laws of the State of Idaho, hereinafter referred to as the "District," and
THE CITY OF MERIDIAN, a political subdivision and
municipality of the State of Idaho
hereinafter referred to as the "City,"
WITNESSETH:
WHEREAS, the parties hereto entered into a Master Pathway Agreement For Developing and
Maintaining Pathways for public use along and across some of the District's ditches and within some of the
District's easements and fee title lands dated December 19, 2000, recorded as Instrument No. 100102999,
records of Ada County, Idaho, hereinafter referred to as the "Master Pathway Agreement;" and,
WHEREAS, the District and the City intended by entering the Master Pathway Agreement to
accomplish the following in a manner that is consistent with their respective legal and fiduciary
responsibilities; to enhance the City's pathway planning though early consultation between the City and the
District; to establish a process for the City's submission of pathway requests and the District's consideration
of such requests; and to provide the general conditions for the District's approval and authorization of
pathway requests affecting the District's ditches, property, operations and maintenance; and,
WHEREAS, the District grants to the City the right develop pathways to encroach within the
District's easements along and across the District's ditches, canals and easements therefor upon the terms
and conditions of said Master Pathway Agreement and after the execution of an agreement for each proposed
crossing and encroachment; and,
WHEREAS, the City is the owner of the real property easement / right of way (burdened with the
easement of the District hereinafter mentioned) particularly described in the "Legal Description" attached
hereto as Exhibit A and by this reference made a part hereof, and,
WHEREAS, the District controls the irrigation/drainage ditches or canals known as the CREASON
LATERAL AN D FIV E M l LE DRAIN (hereinafter collectively referred to as "ditch or canal") together with
the real property and/or easements to convey irrigation and drainage water, to operate and maintain the ditch
or canal, and which crosses and intersects said described real property of the City as shown on Exhibit B
attached hereto and by this reference made a part hereof, and,
AGREEMENT - Page 1
WHEREAS, the City desires approval to construct, install, operate and maintain a paved pathway
within the District's easement for the Five Mile Drain and Creason Lateral under the terms and conditions
of said Master Pathway Agreement and those hereinafter set forth,
NOW, THEREFORE, for and in consideration of the premises and of the covenants, agreements and
conditions hereinafter set forth and those set forth in said Master Pathway Agreement, the parties hereto
agree as follows:
1. The City may construct, operate, maintain and repair a 14 foot paved pathway within the
District's real property and/or easement for the Five Mile Drain and Creason Lateral, located within Isola
Creek Subdivision No. 4 and the Reta Husky Neighborhood Park, located northeast of the intersection of
Ustick Road and Ten Mile Road in Meridian, Ada County, Idaho.
2. Any construction, widening or crossing of said ditch or canal shall be performed in
accordance with the "Special Conditions" stated in Exhibit C, attached hereto and by this reference made
part thereof.
3. The permitted hours of use of the pathway shall be from one half hour before sunrise and
one half hour after sunset.
4. The parties hereto incorporate in and make part of this Agreement all the covenants,
conditions, and agreements of said Master Pathway Agreement unchanged except as the result of the
provisions of this Agreement.
The covenants, conditions and agreements herein contained and incorporated by reference shall
constitute covenants to run with, and running with, all of the lands of the City described in said Exhibit A,
and shall be binding on each of the parties hereto and on all parties and all persons claiming under them or
either of them, and the advantages hereof shall inure to the benefit of each of the parties hereto and their
respective successors and assigns.
IN WITNESS WHEREOF, the District has hereunto caused its corporate name to be subscribed by
its officers first hereunto duly authorized by resolution of its Board of Directors and the City has hereunto
subscribed its corporate name to be subscribed and its seal to be affixed thereto, all as of the day and year
herein first above written.
NAMPA & MERIDIAN IRRIGATION DISTRICT
LOW
ATTEST:
Its Secretary
AGREEMENT - Page 2
Its President
r•rtti. �r
jDlAN�
ANO
SEAL /
ATTEST:
STATE OF IDAHO )
ss:
County of Canyon )
THE CITY OF MERIDIAN
By
On this day of , 2016, before me, the undersigned, a Notary Public in and for
said State, personally appeared Donald Barksdale and Daren R. Coon, known to me to be the President and
Secretary, respectively, of NAMPA & MERIDIAN IRRIGATION DISTRICT, the irrigation district that
executed the foregoing instrument and acknowledged to me that such irrigation district executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year
in this certificate first above written.
Notary Public for Idaho
Residing at , Idaho
My Commission Expires:
STATE OF IDAHO )
ss:
County of Ada )
On this day of C , 2016, before me, the undersigned, a Notary Public in and for
said State, personally appeared ` in, y 6t' W e�'l nd kf, S , known to me to be
the NA61yar' and ( '4-.y a I,N--� K , respectively"' of The CITY OF MERIDIAN, the
entity that executed the foregoing instrument and acknowledged to me that such entity executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year
in this certificate first above written.
�•�' Notary Public for �
• a ; y ;Cr1; Residing at
�; t'!: My Commission Expires:
•i 't1.
�•: ------ � ••
AGREEMENT - Page 3
EXHIBIT A
Le a l Description
The City's real property where the pathways authorized by this Agreement is located within Lot 28,
Block 5 of Isola Creek Subdivision No. 4, (to be known as the Reta Huskey Park) located in Meridian, Ada
County, Idaho.
EXHIBIT B
Location of Property/Drain
See Exhibit C-1 attached hereto.
EXHIBIT C
Special Conditions
a. The location and construction of the pathway shall be in accordance with Exhibit C-1,
attached hereto and by this reference made a part hereof. The District and City agree that grass landscaping
and sprinklers adjacent to said pathways are approved at this time and by this Agreement. However, any
additional improvements which may be proposed by the City within the District's easement must be approved
in writing by the District.
b. The District's easement along this section of the Five Mile Drain includes a sufficient area
of land to convey irrigation and drainage water, to operate, clean, maintain and repair the Five Mile Drain,
and to access the Five Mile Drain for said purposes and on the City's real property which is located on the
north side of the Five Mile Drain is a minimum of 70 feet on the north side of the Five Mile Drain. The
District's easement along this section of the Creason Lateral includes a sufficient area of land to convey
irrigation and drainage water, to operate, clean, maintain and repair the Creason Lateral, and to access the
Creason Lateral for said purposes and is a minimum of 60 feet, 30 feet to either side of the centerline.
Construction shall be completed one year from the date of this agreement. Time if of the
essence.
AGREEMENT - Page 4
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Exhibit C-1, page 2
Meridian City Council Meeting
DATE: October 18, 2016 ITEM NUMBER: 8A
PROJECT NUMBER: H-2016-0115
ITEM TITLE: Bainbridge
Public Hearing for Bainbridge H-2016-0115 (McMullen Lateral Easement) By Brighton
Investments Located at W Chinden Blvd between N Black Cat Road and N Ten Mile
Road
1. Request: For Council Approval of the 20 -foot wide Easement for the McMullen
Lateral to be Located Within Building Lots Instead of A Common Lot in Bainbridge
Subdivision as Required by UDC 1 1 -3A -6C
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
CITY OF MERIDIAN
CITY COUNCIL
PUBLIC HEARING SIGN -IN SHEET
Date: October 18, 2016 Item # 8A
Project Number:
H-2016-0115
Project Name: Bainbridge
Please print your name
OCT 18 ZU.i3O
CITY OFC ETRM
For Against Neutral Do you wish
to testify (Y/N)
Meridian City Council Meeting
DATE: October 18, 2016 ITEM NUMBER: 8B
PROJECT NUMBER: H-2016-0066
ITEM TITLE: Blakeslee Commons Subdivision
Public Hearing Continued from October 4, 2016 for Blakeslee Commons Subdivision (H-
2016-0066) by Global Senior Housing, LLC Located South Side of E. Ustick Road Between
N. Locust Grove Road and N. Eagle Road
1. Request: Annexation and Zoning of 12.01 Acres from RUT in Ada County to the R-15
(Medium -High Density Residential) Zoning District
2. Request: Preliminary Plat Consisting of Seventy -Four (74) Single Family Residential Lots
and Twelve (12) Common Lots on Approximately 12.01 Acres in the Proposed R-15
Zoning District
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
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CITY COUNCIL
PUBLIC HEARING SIGN -IN SHEET
Date: October 18, 2016 Item #
Project Number:
Project Name:
H-2016-0066
Blakeslee Commons Subdivision
Please print your name
For
Against
Neutral
Do you wish
to testify (YIN)
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CITY CLERKS OFF!-
Meridian City Council Meeting
DATE: October 18, 2016
ITEM TITLE:
ITEM NUMBER:
PROJECT NUMBER:
C
FIRST READING: Ordinance No. I � — 17y 2 : AN ORDINANCE AMENDING TITLE
4, CHAPTER 1, SECTION 8.13 (1), MERIDIAN CITY CODE, COLLECTION OF SOLID WASTE
AND RECYCLABLE MATERIALS TO CHANGE THE COLLECTION AT COMMERCIAL PREMISES
TO COMMENCE AT FOUR O'CLOCK (4:00) A.M.; AND PROVIDING AN EFFECTIVE DATE.
MEETING NOTES
,76j/'�k q ? �/ /6 � FN
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.
BY THE CITY COUNCIL: BIRD, BORTON, CAVENER,
MILAM, PALMER, LITTLE ROBERTS
AN ORDINANCE AMENDING TITLE 4, CHAPTER 1, SECTION 8.13 (1), MERIDIAN
CITY CODE, COLLECTION OF SOLID WASTE AND RECYCLABLE MATERIALS
TO CHANGE THE COLLECTION AT COMMERCIAL PREMISES TO COMMENCE
AT FOUR O'CLOCK (4:00) A.M.; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS; Republic Services, the City's solid waste and recycling franchisee, having
come before the Mayor and City Council to report that the effect of growth in the community has
impacted its ability to safely and timely collect commercial premises, including schools, in
accordance with MCC 4-1-8(B); and
WHEREAS; Republic Services having informed the Mayor and City Council that an
additional hour earlier in the morning would enable timely collection to occur; and
WHEREAS; the Mayor and City Council finding that changing the current early AM
commercial collection start time from five o'clock (5:00) A.M. to four o'clock (4:00) A.M will
result in a safer community, and more efficient and cost-effective solid waste and recycling
services;
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF
THE CITY OF MERIDIAN, IDAHO:
Section 1. That Title 4, Chapter 1, Section 8(B), Meridian City Code is hereby amended
to read as follows:
4-1-8: COLLECTION OF SOLID WASTE AND RECYCLABLE MATERIALS:
B. Collection At Commercial Premises: The following provisions shall apply to all
commercial customers and premises within the city of Meridian:
1. Frequency Of Service: Franchisee shall provide commercial service every day except
Sunday, commencing at five four o'clock (54:00) A.M. Public and private schools shall
be serviced between five four o'clock (54:00) A.M. and seven o'clock (7:00) A.M.
Franchisee shall collect solid waste and recyclable materials from commercial premises
in one of the following manners, per customer election:
a. Regular Service: Franchisee may collect solid waste and recyclable materials
regularly, at least once weekly.
b. On Call Service: Franchisee may collect solid waste and recyclable materials within
the next working day of a customer request. The city utility billing department may
require a deposit as a condition of initiating, continuing, or restoring on call service.
CHANGE OF EARLY AM COLLECTION AT COMMERCIAL PREMISES TO FOUR O'CLOCK A.M. - TITLE 4, CHAPTER 1,
SECTION 8(B) PAGE I OF 2
On call customers not generating wet or putrescible wastes shall receive collection
services at least once per month, unless the city determines another minimum service
interval is appropriate, considering protection of the environment and public health
and safety.
c. Temporary Service: Franchisee may provide collection services to temporary
accounts for construction, landscaping, demolition, or other short term projects.
Temporary service shall be provided no longer than one hundred twenty (120) days.
Use of temporary service shall not replace regular solid waste and recyclable
materials collection service for the premises. Solid waste and recyclable materials
not generated by the short term project shall not be placed in a temporary container.
Temporary service for construction and demolition wastes will be limited to roll -off
containers, except where construction and demolition trash service can only be
provided with a three (3) yard container due to inadequate space or other site
restrictions. The city utility billing department may require a deposit as a condition
of initiating, continuing, or restoring temporary service. Temporary customers not
generating wet or putrescible wastes shall receive collection services at least once
per month, unless the city determines another minimum service interval is
appropriate, considering protection of the environment and public health and safety.
Section 2 That this ordinance shall be effective immediately upon its passage and
publication.
PASSED by the City Council of the City of Meridian, Idaho, this day of
, 2016.
APPROVED by the Mayor of the City of Meridian, Idaho, this day of
, 2016.
APPROVED:
Tammy de Weerd, Mayor
ATTEST:
C.Jay Coles, City Clerk
CHANGE OF EARLY AM COLLECTION AT COMMERCIAL PREMISES TO FOUR O'CLOCK A.M. - TITLE 4, CHAPTER 1,
SECTION 8(B) PAGE 2 OF 2
Meridian City Council Meeting
DATE: October 18,2016
ITEM TITLE:
Mayor's Office
ITEM NUMBER:
PROJECT NUMBER:
Resolution No. Up - I t -7 Z : A
Resolution Reappointing Joshua Evarts to the Historic
Preservation Commission.
MEETING NOTES
U✓ APPIDIED
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, REAPPOINTING JOSHUA EVARTS TO SEAT 5 OF THE MERIDIAN
HISTORIC PRESERVATION COMMISSION; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Meridian City Code § 2-1-1 establishes the Historic Preservation
Commission, its members and terms of their appointments; and
WHEREAS, Joshua Evarts was appointed to Seat 5 of the Meridian Historic Preservation
Commission by Resolution No. 15-1098 on November 4, 2015; and
WHEREAS, the City Council of the City of Meridian deems the reappointment of Joshua
Evarts to Seat 5 of the Meridian Historic Preservation Commission to be in the best interest of the
Meridian Historic Preservation Commission and of the City of Meridian;
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, Joshua Evarts is hereby re-
appointed to Seat 5 of the Meridian Historic Preservation Commission, for a term to expire October
31, 2019.
Section 2. That this Resolution shall be in full force and effect immediately upon its adoption
and approval.
2016.
ADOPTED by the City Council of the City of Meridian, Idaho, this day of October,
APPROVED by the Mayor of the City of Meridian, Idaho, this / � day of October, 2016.
APPRO
de Weerd
ATTEST:
CJ4 Coles, ity Clerk m. j�jq w
1,
RESOLUTION FOR REAPPOINTMENT OF JOSHUA EVARTS TO MERIDIAN HISTORIC PRESERVATION COMMISSION
Meridian City Council Meeting
DATE: October 18,2016 ITEM NUMBER: 9B
PROJECT NUMBER:
ITEM TITLE:
CDBG Substantial Amendment Discussion
MEETING NOTES
tzl
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: October 18, 2016 ITEM NUMBER: 9C
PROJECT NUMBER:
ITEM TITLE: Community Development
Community Development: Residential Structure Design Criteria
MEETING NOTES
Ll
Community Item/Presentations Presenter Contact Info./Notes
CLERKS OFFICE FINAL ACTION
DATE:
E-MAILED TO
STAFF
SENT TO
AGENCY
SENT TO
APPLICANT
NOTES
INITIALS
Community Development Department 33 E. Broadway Avenue, Meridian, ID 83642
Phone 208-884-5533 Fax 208-888-6854 www.meridiancity.org
October 13, 2016
MEMORANDUM
TO: Mayor Tammy de Weerd
City Council Members
CC: City Clerk
FROM: Caleb Hood, Planning Division Manager
RE: Residential Elevation Review
October 18th , 2016 City Council Workshop Agenda Item
Currently, the City does not require design review for detached, single-family homes. However,
as residential projects are annexed, staff has historically included a standard provision in
development agreements that requires homes along arterial and collector roadways to provide
“articulation through changes in materials, color, modulation, and architectural elements
(horizontal and vertical) to break up monotonous wall planes and roof lines.” This condition is
subject to interpretation in application and having clarity in what constitutes compliance benefits
both the development community and staff.
During the October 11 th workshop, Planning Staff explained the current process of residential
building permit review, and received some feedback from Council. At the Mayor and Council’s
request, below is a proposal for what single-family home elevation review standards could look
like going forward.
The rear and/or side of structures on Lots XX, Block X, that face [arterial or collector
street(s)], shall incorporate articulation through changes in two or more of the following:
materials type, color, modulation, projections, recesses, step-backs, bays, banding, pop-
outs, porches, balconies, and or other architectural elements (horizontal and vertical) to
break up monotonous wall planes and roof lines that are visible from the subject public
street. in accord with UDC 11-3A-19 and the Meridian Design Manual. Single-story
structures are exempt from this requirement.
NOTE: In the past, elevations backing onto parks had been discussed as a priority, but that is not
included above.
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3. ROOF VENTS AT 6'-0" O.C. TYPICAL TO REAR OF BUILDING.
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4. GABLE END VENT MINIMUM US SO FT IN. VENT AREA EACH
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2. BOXED VENTED SOFFIT AT ALL SOFFITS.
3. ROOF VENTS ® 6'-0" O.C. TYPICAL TO REAR OF BUILDING.
MINIMUM OF 49 SQ. IN. VENT AREA EACH.
4. GABLE -END VENT. MINIMUM 125 SQ. IN. VENT AREA EACH.
S. SIDING TO BE LAPPED SIDING W/ NO "H" CHANNEL.
6. ALL GABLES AND EAVES TO HAVE 1'-4" OVERHANG
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Meridian City Council Meeting
DATE: October 18, 2016 ITEM NUMBER: 9D
PROJECT NUMBER:
ITEM TITLE:
Amended onto agenda: Information Technology: Update on City Council Chambers
Technology Refresh
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: October 18,2016
INIakyj&A""
ITEM NUMBER:
PROJECT NUMBER:
A. Ordinance No. 1 G - 1-7/0 : (H-2016-0093) An
Ordinance of the City of Meridian Granting Annexation and
Zoning for Parcels of Land Generally Located Near the Northeast
Corner of S. Eagle Road and E. Amity Road in the SW '/4 of
Township 3N, Range 1 E, Section 28, Southeast Corner of N.
MEETING NOTES
U✓ APPROVED
Community Item/Presentations Presenter Contact Info./Notes
CLERKS OFFICE FINAL ACTION
10A
DATE:
E-MAILED TO
STAFF
SENT TO
AGENCY
SENT TO
APPLICANT
NOTES
INITIALS
ADA COUNTY RECORDER Christopher D. Rich 2016-100678
BOISE IDAHO Pgs=63 LISA BATT 10/19/2016 04:23 PM
CITY OF MERIDIAN, IDAHO NO FEE
CITY OF MERIDIAN ORDINANCE NO. 1 C — / 0
BY THE CITY COUNCIL: BIRD, BORTON, CAVENER,
MILAM, PALMER, LITTLE ROBERTS
AN ORDINANCE (H-2016-0093) FOR ANNEXATION OF A PARCEL OF LAND NEAR
THE NORTHEAST CORNER OF S. EAGLE ROAD AND E. AMITY ROAD IN THE SW
1/4 OF TOWNSHIP 3N, RANGE 1E, SECTION 28; SOUTHEAST CORNER OF N.
MERIDIAN ROAD AND E. CARMEL DRIVE IN THE SW 1/ OF TOWNSHIP 3N,
RANGE 1E, SECTION 06; EAST SIDE OF N. TEN MILE ROAD, NORTH OF W.
USTICK ROAD IN THE SW 1/4 OF TOWNSHIP 4N, RANGE IW, SECTION 35; 3955 E.
USTICK ROAD IN THE NW 1/40F TOWNSHIP 3N, RANGE 1E, SECTION 04; 2910 W.
FRANKLIN ROAD IN THE SW 1/4 OF TOWNSHIP 3N, RANGE 1W, SECTION 11; 6175
N. LINDER ROAD IN THE NE 1/. OF TOWNSHIP 4N, RANGE 1W, SECTION 26; 3275
E. AMITY ROAD IN NW 1/40F TOWNSHIP 3N, RANGE 1E, SECTION 33; 1635 S.
STODDARD ROAD IN THE NW 1/40F TOWNSHIP 3N, RANGE 1W, SECTION 24; 3539
N. TEN MILE ROAD IN THE SE 1/40F TOWNSHIP 4N, RANGE 1W, SECTION 34;
FORTY-NINE (49) PARCELS IN THE BLACKROCK SUBDIVISION GENERALLY
LOCATED NORTH OF E. LAKE HAZEL ROAD, BETWEEN S. LOCUST GROVE
ROAD AND S. EAGLE ROAD IN THE S 1/2 OF TOWNSHIP 3N, RANGE 1E; SECTION
32; AND 3064 W MALTA DRIVE IN THE NW 1/4 OF TOWNSHIP 4N, RANGE 1W,
SECTION 26, BOISE MERIDIAN, ADA COUNTY, IDAHO, AS DESCRIBED IN
ATTACHMENT "A" AND ANNEXING CERTAIN LANDS AND TERRITORY,
SITUATED IN ADA COUNTY, IDAHO, AND ADJACENT AND CONTIGUOUS TO THE
CORPORATE LIMITS OF THE CITY OF MERIDIAN AS REQUESTED BY THE CITY
OF MERIDIAN, ESTABLISHING AND DETERMINING THE LAND USE ZONING
CLASSIFICATION OF SAID LANDS FROM RUT ZONING DISTRICT IN ADA
COUNTY TO R-4 (LOW DENSITY RESIDENTIAL DISTRICT), R-8 (MEDIUM
DENSITY RESIDENTIAL DISTRICT) AND C -C (COMMUNITY BUSINESS DISTRICT)
IN THE MERIDIAN CITY CODE; PROVIDING THAT COPIES OF THIS ORDINANCE
SHALL BE FILED WITH THE ADA COUNTY ASSESSOR, THE ADA COUNTY
RECORDER, AND THE IDAHO STATE TAX COMMISSION, AS REQUIRED BYLAW;
AND PROVIDING FOR A SUMMARY OF THE ORDINANCE; AND PROVIDING FOR
A WAIVER OF THE READING RULES; AND PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY
OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO:
SECTION 1. That the following described land as evidenced by attached Legal Description
herein incorporated by reference as Exhibit "A" are within the corporate limits of the City of
Meridian, Idaho, and that the City of Meridian has received Consent to Annexation, either implied or
explicitly for annexation and re -zoning from several property owners subject to this annexation: Ada
ANNEXATION — CITY INITIATED ANNEXATION H-2016-0093 Page 1 of 3
County Highway District, Idaho Power and Blackrock Subdivision homeowners. Pursuant to Idaho
Code § 50-222, Category B Annexation, said property owners incorporate more than fifty percent
(50%) of the area of the subject lands annexed.
SECTION 2. That the above-described real property is hereby annexed and re -zoned from
RUT zoning district in Ada County to R-4 (Low Density Residential District) (53.25 acres) and R-8
(Medium Density Residential District) (11.64 acres) and C -C (Community Business District)
(2.61acres), in the Meridian City Code.
SECTION 3. That the City has authority pursuant to the laws of the State of Idaho, and the
Ordinances of the City of Meridian to annex and zone said property.
SECTION 4. That the City has complied with all the noticing requirements pursuant to the
laws of the State of Idaho, and the Ordinances of the City of Meridian to annex and re -zone said
property.
SECTION 5. That the City Engineer is hereby directed to alter all use and area maps as well
as the official zoning maps, and all official maps depicting the boundaries and the zoning districts of
the City of Meridian in accordance with this ordinance.
SECTION 6. All ordinances, resolutions, orders or parts thereof in conflict herewith are
hereby repealed, rescinded and annulled.
SECTION 7. This ordinance shall be in full force and effect from and after its passage,
approval and publication, according to law.
SECTION S. The Clerk of the City of Meridian shall, within ten (10) days following the
effective date of this ordinance, duly file a certified copy of this ordinance and a map prepared in a
draftsman manner, including the lands herein rezoned, with the following officials of the County of
Ada, State of Idaho, to -wit: the Recorder, Auditor, Treasurer and Assessor and shall also file
simultaneously a certified copy of this ordinance and map with the State Tax Commission of the State
of Idaho.
SECTION 9. That pursuant to the affirmative vote of one-half (1/2) plus one (1) of the
Members of the full Council, the rule requiring two (2) separate readings by title and one (1) reading
in full be, and the same is hereby, dispensed with, and accordingly, this Ordinance shall be in full
force and effect upon its passage, approval and publication.
ANNEXATION— CITY INITIATED ANNEXATION H-2016-0093 Page 2 of 3
PASSED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this
day of 60fD &Q - 92016.
APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this
day of 6�tob elK , 2016.
CITY OF MERIDIAN
By:
Mayor Tam y erd
ATTE T: Go�Q0gPJEL)A(,Q
2
CAY Cole ity Clerk �p ,� ci(vof
C-�►'1 � IpIAN�
SE
AL r
Pte'
Po�rha TREASU��,
STATE OF IDAHO, )
ss:
County of Ada )
On this 19 day of VC41) bt,K , 2016, before me, the undersigned, a Notary Public
in and for said State, personally appeared TAMMY de WEERD and C.JAY COLES, known to me
to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed
the within instrument, and acknowledged to me that the City of Meridian executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year first above written.
(SEAL)
Atr>1 m
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.�� 1+.
°�aaoo•i •♦
0 f� r kim- L - l
-f'IOTPUBLICFOR IDAHO
RESIDING AT: Lai JD
MY COMMISSION EXPIRES: �?-a ct -185'
ANNEXATION — CITY INITIATED ANNEXATION H-2016-0093 Page 3 of 3
EXHIBIT A
Legal Descriptions
2016 City Initiated AZ – H-2016-0093
EXHIBIT A
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EXHIBIT A
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EXHIBIT A
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EXHIBIT A
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EXHIBIT A
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EXHIBIT A
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EXHIBIT A
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EXHIBIT A
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EXHIBIT A
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EXHIBIT B
Exhibit Maps
2016 City Initiated AZ – H-2016-0093 PAGE 1
EXHIBIT B
Exhibit Maps
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EXHIBIT B
Exhibit Maps
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Meridian City Council Meeting
DATE: October 18,2016
ITEM TITLE:
Future Meeting Topics
ITEM NUMBER: 11
PROJECT NUMBER:
MEETING NOTES
Community Item/Presentations Presenter Contact Info./Notes
CLERKS OFFICE FINAL ACTION
DATE:
E-MAILED TO
STAFF
SENT TO
AGENCY
SENT TO
APPLICANT
NOTES
INITIALS