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HomeMy WebLinkAbout2005-06-28 CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, June 28,2005, at 7:00 p.m. City Council Chambers 33 East Idaho Avenue, Meridian, Idaho 1. Roll-call Attendance: ~ Shaun Wardle ----X- Christine Donnell ----X- Charlie Rountree ----X- Keith Bird ----X- Mayor Tammy de Weerd 2. Pledge of Allegiance: 3. Community Invocation by Pastor Kevin Moyer, with Meridian First Baptist Church: Presented 4. Adoption of the Agenda: Approve 5. Consent Agenda: A. Resolution No. 05-476 VAC 05-004 Request for a Vacation of platted easements for Krispv Kreme Subdivision by Eagle-Fairview Investment Co., LLC - Lot 1 of the Krispy Kreme Subdivision: Approve B. Resolution No. 05-477 VAC 05-005 Request for a Vacation of a portion of a 20-foot utility easement between Lots 20 & 21, Block 1, Stokesberrv Subdivision No.2 by Properties West, Inc. - west of North Eagle Road and north of River Valley Street: Approve C. Development Agreement: AZ 05-003 Request for an Annexation and Zoning of 76.72 acres to a R-3 zone for Kinasbridae Subdivision by Vision First, LLC - 4070 South Eagle Road: Approve D. License Aareement with Nampa & Meridian Irriaation District for Ten Mile Drain (Glacier Springs Subdivision): Approve E. School Resource Officer Aareement between the Meridian Police Department and Meridian School District: Approve Meridian City Council Meeling Agenda - June 28, 2005 Page 1 of 5 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. F. Water Main Easement for Elm Grove Trailer Park: Approve G. Reauest for Funds NO.4 for Meridian Sr. Center Rehabilitation Proiect ICDBG 04-111-01-SR: Approve H. WWTP Load Sharino I Sheddino Durino Transfer to Backuo Power with Custom Electric: Approve Scooino Studv to Set Desian Parameters for the SCADA oortion of the WWTP Phase I with DC Enaineerino: Approve J. Eaale Road Waterline Relocation with Civil Survev: Approve K. Contract Prooosal for Construction Documents for Ustick Road Imorovements alono Meridian Settler's Park with The Land Group, Inc.: Approve L. License Aoreement with Namoa & Meridian Irriaation District for Eiaht Mile Lateral ( Tuscany Lakes Subdivision No.2): Approve 6. Department Reports: A. City Attorney - Bill Nary 1. Update on Office Remodel at Farmers & Merchants Old Branch Building: Bring Back Bids on July 12, 2005 7. Items Moved from Consent Agenda: "Although the City of Meridian no longer requires sworn testimony, al/ presentations before the Mayor and City Council are expected to be truthful and honest to best of the ability of the presenter. " 8. Tabled from June 21, 2005: FP 05-036 Request for Final Plat approval of 55 single-family residential building lots and 10 common lots on 14.91 acres in a R-8 zone for Fulfer Subdivision No.6 by Kevin Howell Construction - north of McMillan Road and west of Linder Road: Approve 9. Tabled from June 21, 2005: FP 05-035 Request for Final Plat approval of 44 single-family residential building lots and 1 common lot on 10.39 acres in a R-8 zone for Fulfer Subdivision No.7 by Kevin Howell Construction - north of West McMillan Road and east of North Ten Mile Road: Approve Meridian City Council Meeting Agenda - June 28, 2005 Page 2 of 5 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. 10. MI 05-006 Request to amend conditions of plat approval, specifically the requirement to provide pressurized irrigation in Nola Subdivision by David Bohecker - southwest corner of East Pine Avenue and Nola Road: Approve 11. Conti nued Public Hearing from June 21, 2005: Adootion of 2003 International Buildina. Fire Prevention. Mechanical and Gas Codes. and 2005 National Electrical Code: (Comments from Builders Contractors Association only with staff summary): Close Public Heari ng 12. Ordinance No. 05-1157 Buildina Codes: Approve Adoptina the 2003 International 13. Ordinance No. 05-1158 Code: Approve Adootina the 2003 International Fire 14. Ordinance No. 05-1159 Adootina the 2003 International Mechanical and Fuel Gas Codes: Approve 15. Ordinance No. 05-1160 Electrical Code: Approve Adootina the 2005 National 16. Public Hearing: Proposed Fee Increases for Solid Waste Collections by Sanitary Service Company: Closed Public Hearing 17. Resolution No. Approve 05-478 : New Solid Waste Collections Fees: 18. Continued Public Hearing from June 21, 2005: AZ 05-014 Request for an Annexation and Zoning of 19.72 acres from RUT to a R-8 zone for Sicilv Subdivision by Landmark Engineering and Planning - south of East Victory Road and west of South Locust Grove Road: Approve Findings of Fact and Conclusions of Law for Approval 19. Public Hearing: VAR 05-012 Request for a Variance to exceed the maximum block length for Block 1 for Sicilv Subdivision by Landmark Engineering & Planning, Inc. - south of East Victory Road and west of South Locust Grove Road: Approve Findings of Fact and Conclusions of Law for Approval 20. Continued Public Hearing from June 21, 2005: PP 05-016 Request for a Preliminary Plat approval of 74 building lots 5 other lots on 19.72 acres in a proposed R-8 zone for Sicilv Subdivision by Landmark Engineering and Planning - south of East Victory Road and west of South Locust Meridian City Council Meeting Agenda - June 28,2005 Page 3 of 5 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. Grove Road: Approve Findings of Fact and Conclusions of Law for Approval 21. Public Hearing: AZ 05-020 Request for Annexation and Zoning of 2.3 acres to L-Q zone for Ashtvn Park by David Price - SWC of North Meridian Road and West Ustick Road: Deny Request 22. Public Hearing: AZ 05-022 Request for Annexation and Zoning of 1.3 acres from RUT to L-Q zone for Touchmark Subdivision by Touchmark of the Treasure Valley - south of East Franklin Road and east of South Eagle Road: Continue Public Hearing to July 12, 2005 Meeting 23. Public Hearing: PP 05-018 Request for Preliminary Plat approval of 16 building lots and 1 other lot on 6.26 acres in C-G and R-40 zones for Devon Park Subdivision No.3 by Fairview Lakes, LLC - 824 East Fairview Avenue: Approve Findings of Fact and Conclusions of Law for Approval 24. Public Hearing: CUP 05-023 Request for a Conditional Use Permit to allow the Department of Motor Vehicles and a request for a Planned Development for a 16 lot office complex for Devon Park Subdivision No. Lby Fairview Lakes, LLC - 824 East Fairview Avenue: Approve Findings of Fact and Conclusions of Law for Approval 25. Public Hearing: CUP 05-025 Request to modify the previously approved Conditional Use Permit / Planned Development to include changes to building elevations, parking area and amenities for Trov Place Subdivision by Pinnacle Engineers, Inc. - 1236 East 2 % Street: Approve Findings of Fact and Conclusions of Law for Approval 26. Public Hearing: PP 05-011 Request for Preliminary Plat approval of 12 building lots on 4.31 acres in a L-Q zone for Julie Subdivision by Paramount Development, Inc. - northeast corner of North Linder Road and West Cayuse Drive: Approve Findings of Fact and Conclusions of Law for Approval 27. Public Hearing: CUP 05-013 Request for a Conditional Use Permit for a Planned Development with reductions to the minimum requirements for street frontage and building setbacks for Julie Subdivision by Paramount Development, Inc. - northeast corner of North Linder Road and West Cayuse Drive: Approve Findings of Fact and Conclusions of Law for Approval 28. Ordinance No. 05-1161 : AZ 05-011 Request for Annexation and Zoning of 6.26 acres from RUT to R-8 zone for Lvndhurst Grove Meridian City Council Meeting Agenda - June 28, 2005 Page 4 of 5 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. Subdivision by Highland Development, LLC - 2820 West Pine Avenue: Approve 29. Ordinance No. 05-1162 : AZ 05-010 Request for Annexation and Zoning of 4.63 acres from RUT to L-Q zone for Wvndstone Place Subdivision by Quasar Development, LLC - 1151 South Wells Street: Approve 30. Ordinance No. 05-1163 : RZ 05~004 Request for a Rezone of 2 acres from I-L to C-G zone for Jackson's Food Store by Jackson's Food Store, Inc. - southeast corner of North Eagle Road and East Pine Avenue: Approve 31. Ordinance No. 05-1164 : AZ 05-003 Request for an Annexation and Zoning of 76.72 acres to a R-3 zone for Kinasbridqe Subdivision by Vision First, LLC - 4070 South Eagle Road: Approve 32. Ordinance No. 05-1165 Amending Title 12, Chapter 13, Section 7-8 Regarding Landscaping Mulch and Title 12, Chapter 13, Section 7-13(B) Regarding Water Efficiency for Landscape Mulch: Approve 33. Discussion of Public Parking and Right of Way Vacation: Presented Meridian City Council Meeting Agenda - June 28.2005 Page 5 of 5 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 OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, June 28, 2005, at 7:00 p.m. City Council Chambers 33 East Idaho Avenue, Meridian, Idaho 1. Roll-call Attendance: 1 Shaun Wardle ~ Christine Donnell =x= Charlie Rountree -L Keith Bird ~ Mayor Tammy de Weerd 2. Pledge of Allegiance: 14:tf/'(, 3. Community Invocation by Pastor Kevin Moyer, with Meridian First Baptist Church: 4. Adoption of the Agenda: ~ \r'(... 5. Consent Agenda: A. Resolution No. tJ '3 -- 4- 7 G : V AC 05-004 Request for a Vacation of platted easements for Krisov Kreme Subdivision by Eagle-Fairview Investment Co., LLC - Lot 1 of the Krispy Kreme Subdivision: ClffYPfItL B. Resolution No. tPS--- 471 : VAC 05-005 Request for a Vacation of a portion of a 20-foot utility easement between Lots 20 & 21, Block 1, Stokesberrv Subdivision No.2 by Properties West, Inc. - west of North Eagle Road and north of River Valley Street: ~I?I/f<-, C. Development Agreement: AZ 05-003 Request for an Annexation and Zoning of 76.72 acres to a R-3 zone for Kinasbridae Subdivision by Vision First, LLC - 4070 South Eagle Road: a;p/u'oi/<- D. License Aareement with Namca & Meridian Irriaation District for Ten Mile Drain (Glacier Springs Subdivision): al'~v<<... E. School Resource Officer Aareement between the Meridian Police Decartment and Meridian School District: '7JjYrov<-<- Meridian City Council Meeting Agenda - June 28,2005 Page 1 of 5 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. F. Water Main Easement for Elm Grove Trailer Park: tfi-I'/h'.tw.t_ G. Reauest for Funds No.4 for Meridian Sr. Center Rehabilitation Project ICDBG 04-111-01 -SR: ~vte.... H. WWTP Load Sharina I Sheddina Durina Transfer to Backuo Power with Custom Electric: ~~vf.(.../ Scooina Studv to Set Desian Parameters for the SCADA portion of the WWTP Phase I with DC Enaineerina: ~V'4- J. Eaale Road Waterline Relocation with Civil Survev: ~V'(.... K. Contract Proposal for Construction Documents for Ustick Road Improvements alona Meridian Settler's Park with The Land Group, Inc.: ~~w:... L. License Aareement with Nampa & Meridian Irriaation District for Eiaht Mile Lateral (Tuscany Lakes Subdivision No. 2): 6Vp~~ 6. Department Reports: A. City Attorney - hlYt t./~J 1. Update on Office Remodel at Farmers & Merchants Old Branch Building: /.Jnh., .bIC-ck b,'d.r 7-1 Z-t7~ 7. Items Moved from Consent Agenda: "Although the City of Meridian no longer requires sworn testimony, a11 presentations before the Mayor and City Council are expected to be truthful and honest to best of the ability of the presenter. " 8. Tabled from June 21, 2005: FP 05-036 Request for Final Plat approval of 55 single-family residential building lots and 10 common lots on 14.91 acres in a R-8 zone for Fulfer Subdivision No.6 by Kevin Howell Construction - north of McMillan Road and west of Under Road: aptro~ 9. Tabled from June 21f 2005: FP 05-035 Request for Final Plat approval of 44 single-family residential building lots and 1 common lot on 10.39 acres in a R-8 zone for Fulfer Subdivision No.7 by Kevin Howell Construction - north of West McMillan Road and east of North Ten Mile Road: ~/rP~ Meridian City Council Meeting Agenda - June 28, 2005 Page 2 of 5 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. 10. M105-006 Request to amend conditions of plat approval, specifically the requirement to provide pressurized irrigation in Nola Subdivision by David Bohecker - southwest corner of East Pine Avenue and Nola Road: a~pr-()ve 11. Continued Public Hearing from June 21, 2005: Adoption of 2003 International Buildina. Fire Prevention. Mechanical and Gas Codes and 2005 National Electrical Code: (Comments from Builders Contractors Association only with staff summary) CloUd. I'//t- 12. Ordinance No. ()~ - /15'7 Adoptina the 2003 International Buildina Codes: PI- ffnt'v<.--' 13. Ordinance No. t:J~ -11116 AdoDtina the 2003 International Fire Code: w~V'L- 14. Ordinance No. ~7- 1159 Adoptina the 2003 International Mechanical and Fuel Gas Codes: ~prt?~ 15. Ordinance No. tf1 ~ - 1(6 CJ Electrical Code: ~V'A--' 16. Public Hearing: Proposed Fee Increases for Solid Waste Collections by Sanitary Service Company: clQkd- ;0/ Jr.., 17. Resolution No. tJ~- 1-7 g : New Solid Waste Collections Fees: ~V'-<- 18. Continued Public Hearing from June 21,2005: AZ 05-014 Request for an Annexation and Zoning of 19.72 acres from RUT to a R-8 zone for Sicily Subdivision by Landmark Engineering and Planning - south of East Victory Road and west of South Locust Grove Road: a~lr~ ~I E 4/ l! l..e .ff.r a.",oprvv~ 19. Public Hearing: VAR 05~012 Request for a Variance to exceed the maximum block length for Block 1 for Sicilv Subdivision by Landmark Engineering & Planning, Inc. - south of East Victory Road and west of South Locust Grove Road: o/;1l17V'U ~/';:"f cU :fTy A---~~V~ : Adoptina the 2005 National 20. Continued Public Hearing from June 21, 2005: PP 05-016 Request for a Preliminary Plat approval of 74 building lots 5 other lots on 19.72 acres in a proposed R-8 zone for Sicily Subdivision by Landmark Engineering and Planning - south of East Victory Road and west of South Locust Grove Road: ~v,...,(. ..//~ t c/...e f;l.r ~v~ 21. Public Hearing: AZ 05-020 Request for Annexation and Zoning of 2.3 acres to L-O zone for Ashtyn Park by David Price - SWC of North Meridian Road and West Ustick Road: aenAj n?~f,(L.r-6 Meridian City Council Meeting Agenda - June 28, 2005 Page 3 of 5 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. 22. Public Hearing: AZ 05-022 Request for Annexation and Zoning of 1.3 acres from RUT to L-Q zone for Touchmark Subdivision by Touchmark of the Treasure Valley - south of East Franklin Road and east of South Eagle Road: &nvhY)~jJIA 1-0 1,,-/z-fJS 23. Public Hearing: PP 05-018 Request for Preliminary Plat approval of 16 building lots and 1 other lot on 6.26 acres in C-G and R-40 zones for Devon Park Subdivision No.3 by Fairview Lakes, LLC - 824 East Fairview Avenue: 1Ptf1fH"'?v<, -/1';:" c./.-l /n-~M-) Public Hearing: CUP 05-023 Request for a Conditional Use Permit to allow the Department of Motor Vehicles and a request for a Planned Development for a 16 lot office complex for Devon Park SUbdivisi~ No. ,;tby Fairview Lakes, LLC - 824 East Fairview Avenue: rlruv~ -1"1 (elL ~v-~ Public Hearing: CUP 05-025 Request to modify the previously approved Conditional Use Permit I Planned Development to include changes to building elevations, parking area and amenities for Trov Place Subdivision by Pinnacle Engineers, Inc. - 1236 East 2 % Street: wl'PJ roV"L #';::-1 c.-I..e.. ..{rv- ~V' ~ Public Hearing: PP 05-011 Request for Preliminary Plat approval of 12 building lots on 4.31 acres in a L-O zone for Julie Subdivision by Paramount Development, Inc. - northeast corner of North Under Road and West Cayuse Drive: wp~~ ,e/t: I cl..e .,;:n,..~nv-v 24. 25. 26. 27. Public Hearing: CUP 05R013 Request for a Conditional Use Permit for a Planned Development with reductions to the minimum requirements for street frontage and building setbacks for Julie Subdivision by Paramount Development, Inc. - northeast corner of North Under Road and West Cayuse Drive: o/~V\.e. .,c/~ -f c:/,,( w A/lp-t'bl/~ Ordinance No. ,1 ~ - //61 AZ 05-011 Request for Annexation and Zoning of 6.26 acres from RUT to R-B zone for Lvndhurst Grove Subdivision by Highland Development, LLC - 2820 West Pine Avenue: a.-/P~ tJ~- /16z, Annexation and Zoning of 4.63 acres from RUT to L-Q zone for Wvndstone Place Subdivision by Quasar Development, LLC - 1151 South Wells Street: ~N'PVV Ordinance No. 0 !? -1163 RZ 05-004 Request for a Rezone of 2 acres from I-L to C-G zone for Jackson's Food Store by Jackson's Food Store, Inc. - southeast corner of North Eagle Road and East Pine Avenue: a,Pr/'d1.A<- Meridian City Council Meeting Agenda - June 28, 2005 Page 4 of 5 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. 28. 29. Ordinance No. AZ 05-010 Request for 30. 31. Ordinance No. tl5' - 116 4- AZ 05-003 Request for an Annexation and Zoning of 76.72 acres to a R-3 zone for Kinasbridae Subdivision by Vision First, LLC - 4070 South Eagle Road: o/'/T1?f/'JL.. 32. Ordinance No. t?S--II~!? : Amending Title 12, Chapter 13, Section 7-8 Regarding Landscaping Mulch and Title 12, Chapter 13, Section 7-13(8) Regarding Water Efficiency for Landscape Mulch: ~rovYl.... 33. Discussion of Public Parking and Right of Way Vacation: Ire /'e,Iv'f.e.d- Meridian City Council Meeting Agenda - June 28, 2005 Page 5 of 5 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. July 22, 2005 MERIDIAN CITY COUNCIL MEETING APPLICANT July 26, 2005 ITEM NO. 5-C REQUEST Approve Minutes of June 28, 2005 City Council Regular Meeting AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: ~yv</ Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meetings shall become property of the City of Meridian. Meridian City Council Meetina June 28.2005. The regular meeting of the Meridian City Council was called to order at 7:00 P.M., Tuesday, June 28, 2005, by Mayor Tammy de Weerd. Members Present: 'Mayor Tammy de Weerd, Keith Bird, Shaun Wardle, Charlie Rountree, and Christine Donnell. Others Present: Ted Baird, Bill Nary, Will Berg, Ann Canning, Bill Musser, Joe Silva, Brad Watson, Bruce Freckleton, Doug Strong, and Dean Willis. Item 1: Roll-call Attendance: Roll call. ----X- Shaun Wardle X Christine Donnell ----X- Charlie Rountree X Keith Bird -L Mayor Tammy de Weerd De Weerd: Okay. I will go ahead and call the City Council meeting to order. Welcome. It is Tuesday, June 28th at 7:00 o'clock. We will open the meeting with roll call attendance. Item 2: Pledge of Allegiance: De Weerd: Thank you. Okay. Item 2 is the pledge of allegiance. We will be lead tonight in the pledge of Katie, our Statesman reporter. (Pledge of Allegiance Recited.) Item 3: Community Invocation by Pastor Kevin Moyer, with Meridian First Baptist Church: De Weerd: Thank you, Katie. Item 3 is our community invocation. We will be led tonight by Pastor Kevin Moyer. He is with Meridian First Baptist Church. If you will, please, join us in the invocation or take this opportunity for a moment of silence. Moyer: We are, indeed, thankful tonight, Father, for being a great nation that you have made us and that we can still have the freedoms today to still pledge our allegiance to this nation and give tribute to your great work of grace to allow us the freedoms that we have these many years. We are extra mindful, Father, as we come to this Fourth of July celebration that we can do incredible things because of what so many who have gone before have done to pay the price to represent this nation in such a great and honorable way, that we have these freedoms and liberties. We are thankful and, Father, we are asking a special watch-care as we commit our men and women that are serving allover this world to you. We ask that you would bring them back home safe after they serve their time. Lord, watch over them in the more dangerous places, like Meridian City Council June 28, 2005 Page 2 of 78 Iraq and others. And, Father, we are thankful that we can just enjoy a special process like we have here tonight and, Father, as Meridian looks at all the wonderful opportunities ahead for her, the great challenges of our growth, this is important what takes place here tonight. Thank you for our Mayor, the Council, and the community that comes and that, Lord, you give wisdom tonight as we look at a lot of important issues, to have the discernment needed to be able to think right and do that which is going to best overall. So, give, again, the wisdom we need and thank you for the privilege of being here and for the democracy that we have. We are a thankful people. We ask your blessing upon all the affairs tonight as we commit them to you, in Christ's name we pray, amen. Item 4: Adoption of the Agenda: De Weerd: Thank you, Pastor. Very timely reminder before our Independence Day and we appreciate you joining us tonight. Item 4 is adoption of the agenda. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: We have got one which when we come to it, Item No. 22, needs to be continued, because it wasn't noticed by T ouchmark, but we can take care of that when it goes. The resolution numbers starting on 05 -- Wardle: 476. Bird: -- 476 and we will take care of that in the Consent Agenda. With that, I move we approve the agenda as published. Rountree: Second. De Weerd: Okay. The motion is to adopt the agenda as changed. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. Item 5: Consent Agenda: A. Resolution No. 05-476 V AC 05-004 Request for a Vacation of platted easements for KrisDv Kreme Subdivision by Eagle-Fairview Investment Co., LLC - Lot 1 of the Krispy Kreme Subdivision: B. Resolution No. 05-477 VAC 05-005 Request for a Vacation of a portion of a 20-foot utility easement between Lots 20 Meridian City Council June 28, 2005 Page 3 of78 & 21, Block 1, Stokesberrv Subdivision No.2 by Properties West, Inc. - west of North Eagle Road and north of River Valley Street: C. Development Agreement: AZ 05-003 Request for an Annexation and Zoning of 76.72 acres to a R-3 zone for Kinasbridae Subdivision by Vision First, LLC - 4070 South Eagle Road: D. License Aareement with Nampa & Meridian Irriaation District for Ten Mile Drain (Glacier Springs Subdivision): E. School Resource Officer Aareement between the Meridian Police Department and Meridian School District: F. Water Main Easement for Elm Grove Trailer Park: G. Reauest for Funds No.4 for Meridian Sr. Center Rehabilitation Proiect ICD BG 04-111-01-SR: H. WWTP Load Sharina I Sheddina Durina Transfer to Backup Power with Custom Electric: Scopina Studv to Set Desian Parameters for the SCADA portion of the WWTP Phase I with DC Enqineerina: J. EaQle Road Waterline Relocation with Civil Survev: K. Contract Proposal for Construction Documents for Ustick Road Improvements alona Meridian Settler's Park with The Land Group, Inc.: L. License Aareement with Nampa & Meridian Irriaation District for Eiaht Mile Lateral (Tuscany Lakes Subdivision No.2): De Weerd: Item 5. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move that we approve the Consent Agenda as published, including Resolution No. 05-476 and 05-477, and for the Mayor to sign and the Clerk to attest on all proper papers. Rountree: Second. Meridian City Council June 28, 2005 Page 4 of 78 De Weerd: Okay. The motion is to approve the Consent Agenda. If there is no discussion, Mr. Berg, will you call roll. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea. MOTION CARRIED: ALL AYES. Item 6: Department Reports: A. City Attorney 1. Update on Office Remodel at Farmers & Merchants Old Branch Building: De Weerd: Thank you. Item 6 under Department Reports, we will start with our city attorney Bill Nary. Nary: Madam Mayor, Members of the Council -- it's hard when you sit over here. I'm not going to always sit over here, but this is the second week I'm over here this time. Madam Mayor, Members of the Council, I just wanted to report an update on the office remodel on the Farmers and Merchants Sank building. I know you had approved the move and I know your expectation is to see the cost to the city for all the moving costs and remodeling costs and the like. We did receive a bid on some of the remodeling costs. It was a fairly high number that I was concerned about the expense to the city to do that level of remodeling, that expense. We have sought out another bid. I did receive a contract back this afternoon from the contractor that indicated the bid would probably come in, hopefully, about a third of what the other original bid was. We are also looking at some alternatives to, again, make it workable at the least expense. So, I don't have a final number or a final date, but I wanted you to know that we were still working to get this process completed. We got held up on the first bid that we sought, because we waited about three and a half weeks, almost four weeks, to get that bid in. So, that's part of the reason for the delay. They have been proceeding on the WAN and getting that installation done, so that is still in process, but is close to being done. It will probably be up with the rest of the testing for the WAN. That's going to, I think, occur in the month of July. And, then, as I said, we are looking for some alternatives for some of the office space to be able to make it workable, but at a lesser price. And, then, the last thing will be some -- getting some bids for our moving costs for a moving company, which I don't anticipate to be very high, because we don't have a lot of people or a lot of materials to move over there, so that shouldn't be significant. And, then, get the phones installed and, then, we will be ready to go. But I will bring that back to you when I get it, but I did want to let you know where we were and was very encouraged that this new contractor could possibly give us the same amount of remodeling work done for about a third of what we originally had thought, so when I get the rest of it, I will get that to you. De Weerd: Thank you. Mr. Wardle. Meridian City Council June 28, 2005 Page 5 of78 Wardle: Madam Mayor. Mr. Nary, is that -- is the remodel work the scope of work that Farmers and Merchants is remodeling for the city? Is that what we are talking about? Nary: Madam Mayor, Members of the Council, Council member Wardle, the work that was done by Farmers and Merchants is completed and all that -- what they did was to put the building back into, essentially, a habitable shape. They re-installed the sink into the break rooms, they put the doors back on to some of the rooms, they have had to actually completely refinish a small men's bathroom, because all the fixtures had been taken out. Some of the kitchen work had -- some of the fixtures had to be replaced. And they cleaned some of the walls and they cleaned the carpets, but there is not -- they didn't do anything else. There is no other tenant improvement that Farmers and Merchants was supplying. So, what we are looking at is -- there were two offices in there that had glass walls and, essentially, they are cubicle spaces, the walls actually don't go all the way to the ceiling, they don't have doors, they don't have mechanisms for doors, they -- so, we needed those to be turned from a cubicle space into an actual office space that was secured and was private, so that our attorney and our HR analyst can actually use those as working offices, because of the confidential material that they handle, they could have doors that actually lock. There is only two office spaces in that building that are usable for offices that have doors that lock. There is another office room that was used as a -- for a period of time I guess it was used as a conference room, but it doesn't have a window in it, so it's not real ideal for an office space and, then, there is another office space that Mr. Bowman would like to use, but it does not have a door that locks either, but that's the one he wanted to use. They took the counter out, we had discussed removing that, because the counter top that was used for teller space was not workable space for our staff to use and so they removed the counter, but, then, the floor has tile and, then, carpet, and the carpet is patch worked together, so part of the remodel look that we were looking for was to make the floor even with at least just some carpet that would somewhat match and, then, creating at least some sort of privacy or wall separation between where the public would enter the building and where the work space for our support staff would be. Wardle: Okay. So, these are -- these are the additional costs above what we had discussed with the WAN and the phone system and, then, the moving costs and you're going to bring that back to the Council? Nary: Yes. Yes. Yes, Councilmember Wardle, yeah, we will bring back whatever the costs are, so you're aware of what they are. Hopefully, we will have this bid in tomorrow. By the time -- I'm leaving town in the morning. By the time I get back next week Mr. Baird has also -- has been asked to look at some of these things with some of the people that have offered to do some things and, again, our staff is looking at some of the other costs that we could do this maybe cheaper. So, I'm hoping by your next Council meeting on the 12th I should be able to report to you what the extra costs were going to be. De Weerd: Councilman Wardle, I guess long story short, we had anticipated some of this would have been done, but when we saw the bid we understood why they ran out of Meridian City Council June 28, 2005 Page 6 of78 money before the rest of it got completed. It was expense work. So, fortunately, we have some more local people that can get us some numbers that we won't balk at. Wardle: Okay. Item 7: Items Moved from Consent Agenda: De Weerd: Okay. If there is nothing further on Department Reports, we had no items moved from the Consent Agenda. Item 8: Tabled from June 21, 2005: FP 05-036 Request for Final Plat approval of 55 single-family residential building lots and 10 common lots on 14.91 acres in a R-8 zone for Fulfer Subdivision No.6 by Kevin Howell Construction - north of McMillan Road and west of Linder Road: Item 9: Tabled from June 21, 2005: FP 05-035 Request for Final Plat approval of 44 single-family residential building lots and 1 common lot on 10.39 acres in a R-8 zone for Fulfer Subdivision No.7 by Kevin Howell Construction - north of West McMillan Road and east of North Ten Mile Road: De Weerd: So, we will entertain Item 8, tabled from January 21st, FP 05-036 and No. FP 05-035. Canning: Madam Mayor, Members of the Council, we now have letters from the applicant stating they are in agreement with the conditions of approval of those final plats. De Weerd: Thank you. Council, I would entertain a motion on Items 8 and 9. Wardle: Madam Mayor? De Weerd: Mr, Wardle. Wardle: I move that we approve Items No.8 and 9 -- FP 05-036 and Item 9 FP 05-035. Donnell: Second. Bird: Second. De Weerd: Okay. The motion is to approve Items 8 and 9. Mr. Berg, will you call roll. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea. MOTION CARRIED: ALL AYES. Meridian City Council June 28, 2005 Page 70f78 Item 10: MI 05~006 Request to amend conditions of plat approval, specifically the requirement to provide pressurized irrigation in Nola Subdivision by David Bohecker - southwest corner of East Pine Avenue and Nola Road: De Weerd: Okay. Item 10, MI 05-006. Start with staff comments. Watson: Madam Mayor and Councilmember's, before I proceed, I would ask you to check to see if you have page two of the staff report in your packet that has the condition -- the one single condition of approval on this application. If you don't, I'll read it into the record. Rountree: [just have one. Bird: I don't have it. Watson: Okay. There is a second page to this staff report. In summary, this is a combined preliminary/final plat that was approved previously by City Council. It included the standard subdivision requirement of a pressurized irrigation system using something other than city water. It turns out from some correspondence between the developer's engineer and Nampa-Meridian Irrigation District, they don't have it -- they don't have a surface water source, so the one condition of approval is that the applicant shall install a pressurized irrigation system using potable water as a main source. The system shall be designed to Nampa-Meridian Irrigation District standards and designed to facilitate a future hookup to the regional system that is being planned, according to John Anderson, Nampa-Meridian Irrigation District superintendent. Per Meridian City Code 12-5-2-N-4, the applicant shall be responsible to pay a one time well development fee for each lot in the subdivision that is being served by the system. The fee is currently $865.61 as of October 1 st, 2004, and this fee is adjusted upward annually on October 1 st based on the Wall Street prime interest rate on that date. And that's the one and only comment. I don't believe we have any correspondence from the developer or the engineer on this project. That concludes our comments. De Weerd: Okay. Council, any questions at this time? Bird: I have none. De Weerd: Is the applicant here? Okay. The applicant is not here and you didn't hear any comment back from them? Watson: Madam Mayor, not directly. One of our staff Mike Cole indicated that he had been in communication with them and that they were satisfied with this condition, but I don't have anything in writing for our file. De Weerd: Okay. But he did indicate that to Mike? Watson: Yes. Meridian City Council June 28, 2005 Page 8 of 78 De Weerd: Okay. Council? Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: Did you open the Public Hearing? I'm sorry? De Weerd: There isn't a Public Hearing. Wardle: Hearing no further comment, I would move that we approval Item No. 10, MI 05-006. Donnell: Second. De Weerd: Okay. The motion is to approve Item 10. Mr. Berg, will you call roll. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea. MOTION CARRIED: ALL AYES. Item 11: Continued Public Hearing from June 21, 2005: Adoption of 2003 International Buildinq. Fire Prevention. Mechanical and Gas Codes. and 2005 National Electrical Code: (Comments from Builders Contractors Association only with staff summary) De Weerd: Thank you. Okay. Item 11 is a continued Public Hearing from June 21st and we kept this Public Hearing open for comments from the BCA. Please state your name and address. Ronk: Sure. Jason Ronk. My address is 1521 West Whitesands Drive. 83642. De Weerd: Thank you. Ronk: Sure. Madam Mayor and Members of the Council, I was sent here tonight to read a letter from our president and board. I am here tonight on behalf of the BCA to express our organization's opposition to requiring fire suppression systems in three and four unit homes in Meridian city. BCA supports development and construction standards that produce safe, affordable homes to satisfy a range of market demands. We feel the mandatory residential fire sprinklers are an expensive and inefficient approach to fire safety. While we agree that you cannot put a dollar sign on public safety, we do not feel that the evidence demonstrates that sprinklers are, in fact, improving public safety. According to data provided by the state fire marshal's office, there has been zero deaths in three and four unit homes in Ada County since the year 2000. After one solution that we would come up with, after meeting with city officials Meridian City Council June 28, 2005 Page 9 of 78 and Mr. Silva from the fire department, would be that we would be willing to discuss -- the BCA SWI could support adopting code language to allow for a two hour firewall, increasing that from a one hour firewall in between units in place that require sprinkler suppression systems in this type of construction. We would be happy to work and continue on the task force to look at these ideas, but just don't feel that fire suppression systems are actually -- there is a problem that needs -- we don't feel there is a problem out there right now. With that, that's all of my letter, and I will be happy to take questions. De Weerd: Okay. Council, any questions? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Sir, would you have any idea on a three-plex and four-plex how many owners actually live within those buildings or how many of them are investments owned by outside sources that do not live in them? Ronk: I wouldn't have any idea on that. I'm assuming maybe your building department might. I don't know. I would assume most of them are that -- Bird: I would assume that most of them -- very few of them are lived in by the owner. Ronk: Absolutely. Bird: Okay. Thank you. De Weerd: Okay. Mr. Wardle. Wardle: Madam Mayor. Mr. Ronk, one of the questions that I have heard is a dollar cost estimate per foot and the city's talked in a dollar -- anywhere from $1.50 to $2.25 per foot. Is that something that is consistent from your organization's cost estimates? Ronk: That's a good question, because you got to look at everything, and since this hasn't been adopted anywhere else, we can't really compare a cost to say how much it will cost. The one rumor that I would like to shed light on from last week, though, is that anytime you increase the cost to homes, you increase fees, you're going to increase the price and that's the -- and the builders aren't going to be the ones that pay these fees. It's going to get passed right down to the consumer. Your constituents will be the ones to pay, whether it's people -- investors or renters that pay higher rent, it's going to get right back to them. So, that's something you have to weigh. That's why when we look at the data and we see that, you know, the city fire marshal's office has you down for three fires, Joe has provided us with eight, is that a huge spike? I mean there hasn't been a huge problem that we can see in any statistics, so -- Meridian City Council June 28, 2005 Page 10 of78 Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Did I understand -- you said that nobody has passed on it in the valley? So, you have no -- Ronk: According to the fire marshal's office, he's maintained these records since 2000. There has been zero deaths in Ada County. Bird: No. No. No. You said nobody had passed on this deal and so you have no idea what the cost was within the valley. Ronk: Nampa and Caldwell have done it and I believe Joe could tell you -- Kootenai cou nty. Silva: Post Falls. Lewiston. Excuse me. Madam Mayor, Members of the Council, we have Nampa, Caldwell, Lewiston, Post Falls, Pocatello, McCall, Orofino have passed the legislation. And Star have passed it as proposed. As printed in the body of the code. Bird: Could I have a follow-up, Mayor? De Weerd: Uh-huh. Bird: If you're required to have a three hour firewall, is that what you said? Two hour? What are you required now? Ronk: I believe it's a one-hour. Bird: One hour? What extra cost would that be in sheetrock? Rank: That would have to -- we would have to look at that. That is one alternative that we have looked at, though, that would be more cost effective to our members. De Weerd: I guess if the fire got into the attic -- that firewall doesn't go up to the top of the -- do they? Bird: They are supposed to. There is a lot built that don't. De Weerd: I guess since I was a general contractor on my home, we went through with their little fireproof caulking and closed a lot of holes that -- that actually were left and drilled and re-drilled, so I don't know if -- maybe a little more knowledge is too much knowledge and it makes you dangerous, but, you know, I guess even firewalls are not a real safety net. I don't know. It baffles me how some of that -- how some of it occurs, Meridian City Council June 28, 2005 Pagel! of 78 because you ruin the integrity in that aspect. And, I'm sorry, I'm losing my voice. I think Council will applaud. Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: Just another follow-up question. Mr. Ronk, while I have got you here and not necessarily to this ordinance, but in one of your earlier letters you discussed the increased utilization of smoke detectors have saved a number of lives. Does your organization have a recommendation or a volunteer effort that they would like to bring forward as far as -- Ronk: Absolutely. Our view would be that fires out there -- and any statistics -- even the ones that we have talked about, the fires that are happening are happening in older homes, they are not happening in the newer construction. So, if you add sprinklers to newer construction, we don't feel that you're really addressing the problem. So, if you go back and you make sure that smoke detectors are in those older homes, the ones passed before the code made them required, that, in our estimate, would be what would save lives, what would, actually, address the problem at hand. Now, I know that these guys -- yesterday when we met that they had had a grant to do exactly this -- and I don't know any statistics, they didn't share any of that, but maybe they would want to talk about that on how they -- how they worked on that and how they did that, if they want to get into the question. De Weerd: Mr. Ronk, I guess I'm curious. I understand the position you're coming from today, but these new houses turn into old houses over time and, you know, I guess what this Council has to look at is not only today, and what our fire suppression abilities are, what -- how many stations we have and our number of firefighters, but we also have to understand that our new stock today will be old stock in 20 years and, you know, if we draw the line today, are we starting to get a handle on fire prevention and saving property damage or saving property and I guess since I have lived in a number of different rentals, I always do the fire drills with my kids and we are extra cautious and we take the precautions, but I don't know what the person on the other side of the wall is teaching their kids or what their life habits are and how that's going to affect me. Now, is that two hour firewall going to save my property or save the life of my kids? I think the day after our public hearing there was an article in the paper of a 71 year old woman who died in a fire in Sand point and they had people in the home, that -- the granddaughter was in the shower at the time and that life couldn't be saved. So, it's those kind of things -- and we understand maybe the argument that Boise had in that their manpower is different than our manpower. I'm not saying our manpower is inadequate, but we don't have quite the coverage that Boise has and so we have a lot of different factors that we have to consider when these decisions are made. Ronk: Right. And just to address that, that's a good point with this Sandpoint, exactly what I was getting to, that if you had -- if you pass this tonight and you have that fire in Meridian City Council June 28, 2005 Page] 2 of78 your city next week, you have the same death. I mean requiring sprinklers in new construction isn't going to change your fire in a 20 year old building. De Weerd: No. But it would in a brand new construction, because that could have happened just the same in a brand new duplex or apartment. Ronk: Could have. But the statistics that we are looking at all say that they are happening in older and the reason isn't just because they are newer housing stock today, it's because they are built to a higher building code, higher standard, than they were a hundred years ago. That's why fires aren't happening as much in the newer construction. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I disagree with you on the building. I think houses were built better 40 years ago than they are today, but anyway -- De Weerd: You opened the door. Bird: And I have spent 42 years in the construction business and watching them built and it's my concern -- and I don't get me wrong, the cost is -- say the cost is three dollars a square foot, what percent is that on a -- what is three and four-plexes running, a hundred dollars a square foot to build or what? Ronk: I don't -- Bird: How much? Three dollars? And we had two insurance people in here last that said you could save anywhere between 13 and 20 by putting those in. Well, if I was an owner, I would be glad to spend that three dollars more to save on my insurance, because my 15 to 20 percent is a lot higher return to me than what that three dollars cost. And I don't like to see the cost on things go -- I mean I personally think building is sometimes out of sight. You know, I have never been able my whole life to figure out how a piece of ground goes from being worth 2,000 to 100,000, but I guess -- I don't know. Ronk: Mayor, you were present in Boise when the same insurance people said that there wouldn't be that savings. So, I guess it depends on which insurance company you go to and which agent. I mean fire versus water damage and some of them aren't going to give you that discount. So, again, exactly what you said, though, with cost, that you have got to realize that that's just going to get passed straight on. Any regulations and restrictions and fees in housing costs will just get passed to your consumers. De Weerd: I don't know -- I don't know if you have experienced a fire, but my parents-- my parent-in-Iaws did and no matter what kind of wall you have in between those units, Meridian City Council June 28, 2005 Page 13 of78 smoke damage is a lot harder to get rid of and it travels and impacts your neighbor a lot more than what that water damage would do. Smoke damage is horrible and it gets into absolutely everything and even though your whole house doesn't burn down, your personal property is totally damaged and there is not much you can say. And that's only by my personal experience and I don't know how it is overall, I can only tell you from our own experience that smoke damage is -- it's very destructive and you cannot save many things. So, Council, do you have any further questions? Bird: I have none. I just thank him for his testimony. De Weerd: Do you have anything further? Ronk: No. De Weerd: Okay. Thank you. Are there any other members that have comments? Okay. If you will, please, state your name and address and the organization you're with. Wright: Certainly. My name is Trent Wright and I'm with the Ada County Association of Realtors. And I also represent the Nampa and Caldwell Association of Realtors. My address is 12399 West Sevoit Street in Boise, Idaho. 83709. I come here today to represent the realtors association, much like the previous gentleman who spoke, Jason Ronk, my members aren't going to directly see any increased cost due to them, but kind of here as a warning that the increased fees that we see from such a system of sprinkler, once again, like Mr. Ronk was saying, will be passed onto the consumers in the higher form of rent prices and higher property rates and so forth. Not to reiterate what Mr. Ronk had already said, it's kind of the belief that of realtors that -- we believe that three and four-plexes will, eventually, probably have the sprinkler requirement statewide and be passed on the statewide code, our belief that currently that most of the cities aren't currently geared up to handle implementing a sprinkler system in three and four unit housing and the reason that we say that is because it's much different in implementing a sprinkler system in three and four unit housing than it would be four or five unit and higher, which is larger apartment buildings, hospitals. Apartments don't -- or you get the point. So, I guess what we are concerned about is maybe that there might be a lack of confusion that might be an unintended consequence from putting sprinkler systems in at this point in time in three and four unit housing and when I say a lack of education or maybe the confusion, it's kind of our understanding that there is seven major sprinkler installing outfits in the Treasure Valley and of those seven not all of them have both installers and designers within their firms. There is several large ones that do and they do exceptional work and they will continue to do exceptional work. I'm sure of the situation. But the other instances of the companies that don't have their designers to go with their installers, in some of the building projects that we have seen around the Treasure Valley, there is just a great deal of confusion and it's a timely fashion sort of project when you're putting up these facilities and it tends to run over a great deal of time. Some of our other members that are realtors that have sold homes to -- that have gone through building their own personal homes and having, you know. much thought put in on them on the design aspect of designing a home, that had Meridian City Council June 28, 2005 Page [4 of78 wanted sprinklers put in them on their own behalf, have come to us and said that they, themselves, have had difficulty finding sprinkler outfits that have the time in their already busy schedule to come and install the sprinkler systems into their homes, let alone find a designer that can also work with the same company. So, my point being is I think that there is going to be sprinkler systems, like I said, in about 18, 24 months down the road, but currently I don't think -- the realtors don't believe that the Treasure Valley is in a situation that it's appropriate timing until we can maybe work on some of the education with the designers, the installers, and the builders, and I'm sure that we can probably work with BCA with Ronk in maybe trying to help the City of Meridian. I'm sure Boise is going to be addressing this issue again, as well as Kuna and Eagle and so forth. But I guess what I'm trying to say is in the meantime we would like to see maybe more effort and more focus, if it really is the direction of the city to put sprinklers in three and four unit housing, maybe hold off on it for now, let's focus to make sure that you have all of the information ready to the designers, to the installers, to the builders, and so there isn't those unintended consequences that we are going to deal with with time, with construction costs, that we can be one hundred percent certain that it is going to be between that 1.75 to 2.50 range and it's not going to be the 3.50 or 4.50. You know, we can really work on it to focus in what exactly the costs are. So, that's really the position that the realtors have come here tonight to place upon you in your decision whether to go ahead with that with the city and with that I'd like to stand for questions. De Weerd: I guess from the feedback -- or have you gotten feedback from the builders and the realtors in Nampa and Caldwell that that has been a problem? Wright: Well -- and what the realtors in Nampa and Caldwell -- what a lot of them have told me that have worked on investment projects -- like you said, most of them are not owner occupied, they are investment projects and there are people from out of state and in state that are buying these -- there hasn't been a sharp decline in orders for them, if you will, or somebody picking up the phone and saying find me a lot, let's do this investment project, but there has been a slow -- or a less number of them being purchased or ordered or designed, if you will. Your more specific question is whether-- was there unintended consequences with getting people there? Was that what -- getting designers -- De Weerd: Has the market not responded over there now that they have this requirement? Wright: Well, I think that that would be an adequate question in say six months or a year from now, but since we are -- it's only been in effect since January 1, I don't believe that there is enough time to know. I haven't heard any information to the contrary, just to support either your side or my side on that statement. De Weerd: Well, knowing the grapevine, if there is a big problem, everyone would know about it. Wright: Sure. Meridian City Council June 28, 2005 Page 15 of78 De Weerd: And I guess as we look at the rate of growth in this valley, if that is something that you anticipate coming down anyway at some point in the next year and a half to two years, Meridian is growing faster than the Boise area -- than the east part of Ada County. Star has recognized that as well. They are seeing rapid growth and the way the market is trending, we are going to start seeing more of these type of buildings as well, so -- Wright: And I agree with you one hundred percent. I guess the argument I'd like to make with that is eventually Meridian is going to have to start coming back upon itself and -- you know, you can't continue to grow out and out and out. Even if you wanted to, I don't think your own citizens are going to want that. So, there is, eventually, going to be a time when Meridian is going to have to come back upon itself for building space, the in-fill, the high density end of it, ugly words and nobody wants to hear them in Idaho, but you're going to have to do that eventually and with that comes a very arduous process through planning and zoning, through the plats, through all the numerous different people working and finding it's much more difficult to do an in-fill project than it is to do a single family home out and about the exterior of a city. My point being is if you -- this is just one more layer, if you will, of codes and processes that you're going to be adding to an already lengthy and arduous process to your density and in-fill projects, which you, eventually, will, in fact, be faced with and that is kind of the -- one of the points that we emphasized greatly with Boise, because they are very drastically looking at already about coming upon themselves in buildings and you're not quite to that point, I think, in Meridian, but I think that you have enough foresight to look down the road and notice that you're going to have to do that eventually, you know, in spots here and there, but it is a difficult process and it's a high dollar and high market for the investors that want to come in and do these in-fill projects. It's a great thing to do. There is a great rate of return on in-fill projects, but the majority of people that start that process, with all their great intentions, don't come through out at the end with their project ready to get built, because they either financially or just mentally can't survive the front that's going all the way through to get to that building point. De Weerd: Well -- and in-fill is not a dirty word in Meridian and we are gearing up for it, because our downtown is redeveloping and just to kind of go back onto both of your comments in your testimonies, these in-fill projects are going to go next door to older homes and those, certainly, we want to make sure that it doesn't have a ripple effect, too. Mr. Bird, did you have something? Bird: Yeah, I did. You know we are back in in-fill when we have got more attorneys on staff than we do planners. That's how you can tell. De Weerd: Too bad you don't have an opinion on anything. Bird: Yeah. But, anyway, you know, you're wanting us to hold off for 18 months to two years. Well, in the normal cost, lots are going to go up a lot bigger percent and there goes your cost and your building products are -- as I understand, there is some wood Meridian City Council June 28, 2005 Page 16 of78 products out there that you can't get a 24 hour quote on. So, I don't see where that benefits anybody. I'll be the first to tell you that I hate a bunch of governing things, rules and regulations like we are putting on buildings. I sometimes wonder how all of us got to the age we have without regulations. But the same token, we need to look out for -- realtors don't sell a lot of three-plex and four-plexes, because they are already -- the owner has already contracted to the contractor to build it. You might resell, but I don't think on new -- I don't think -- I don't think a building contractor goes out and builds a four-plex as a spec. He's usually got an owner or he's going to own it at first. So, like I say, I don't like putting regulations on anybody, but I think this is something that is a very very lifesaving deal. But I also think that we might be overlooking the importance of the smoke detectors, too. We have got to keep them involved as much. That's my -- okay. Thank you very much. Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: Mr. Wright, if you could just give me a general sense in Ada County is the cost of housing going down or is it going up? Wright The cost of housing is going up almost on a monthly basis anywhere from five to 12 percent and the average eight is -- seems to be right down the middle, especially in Meridian and southwest Boise area. Wardle: On a monthly basis the cost of housing is rising that fast? Wright That's correct. The average lot price in Ada County right now is 75,000 dollars. That's just the dirt without putting any actual labor into it. Wardle: Thank you. Donnell: Madam Mayor? De Weerd: Mrs. Donnell. Donnell: Mr. Wright -- was it Wright? Right. Right. Wright. Wright: Right. Donnell: I think you pose an interesting dilemma in terms of possible confusion, wait awhile down the road, and it reminds me a bit in another life that I had, when the state decided to require fingerprinting of all public employees and we all said don't do this now. I mean we are not ready. I mean don't make us do this, we don't have the manpower to do it, the state police didn't want to do it, no one really wanted to take on this job of fingerprinting, you know, all of these employees. But the state didn't say, okay, we will just give you, you know, 18 months and you can work it out. They said Meridian City Council June 28, 2005 Page [7 of78 here is the regulation, this is what we believe needs to be done for the safety of the children and make it work. And there definitely was an answer to that dilemma. I mean regardless of at what point there is a regulation, there is -- because that demand is there, there is an answer to that demand. So, I think -- I don't think waiting is going to help and I did like the fact that you said probably this is going to be a state requirement. So, you believe that? Wright: I do believe so and probably in the next round of codes, the 2006 codes that come out when you guys go to implement those in 2007, I believe -- it's our feelings, as realtors, that those will be implemented and that was where I was coming for my suggestion that we should look forward to these being implemented and expect them to be implemented without any sort of hassle at that point in time. But, in the meantime, we should be focusing more on gearing up to make sure that there is the least amount of confusion or, you know, the smooth transition sort of scenario. I agree in 18 months - - a lot can happen in 18 months. You made an excellent point. De Weerd: Any further questions, Council? Thank you. Wright: I would just also like to say one more thing, that the compromises that BeA offered as far as the two hour firewall, in lieu of sprinklers, is supported by the realtors as well and would be dellghted to work on any sort of task force with the fire marshal and the planning and service department if such an ordinance were to be entertained anyway. De Weerd: Thank you. Wright: Thank you. De Weerd: Okay. I did want to note for the record that we received a package of information from the Treasure Valley Fire Protection, Inc" dated June 27th and each of the Council members received a copy of that. Okay. Did we have summary comments from staff? Silva: Madam Mayor, Members of the Council, if you have any questions about that package that Treasure Valley Fire Protection provided to you in terms of cost per square foot, which was confirmed in that package -- in our testimony of the $1.75 to 2.50. The other thing that we had -- obviously, Bob Schmidt, Nampa City Council, and an insurance agent indicated that we do get the owners of the apartments and some companies do offer a premium reduction of 10 to 15 percent. The standard that we are looking at in adopting the International Building Code and the International Fire Code is a minimum standard. And I want to reiterate that, that that's a minimum standard that's based upon a consensus process in establishing what those regulations are going to be. And as has been touched on by the realtors and by BCA, by Jason, that currently Meridian is undergoing a fair amount of development in terms of four-plex development. We have 124 four-plex buildings in the development pipeline. This is our opportunity to be a pro-active city and lead the way in support of this particular ordinance this evening Meridian City Council June 28, 2005 Page [8 of78 is consistent with the mission statement of the Meridian fire department and we'd just ask for your support. I'll stand for questions. I think Bruce may have some other questions. De Weerd: Okay. Freckleton: Thank you, Joe. Madam Mayor, Members of the Council, I just wanted to maybe speak a little bit about the development of code. The I nternational Code Committee, the -- it's an 18 month process whenever something is proposed. It's a nationwide committee that is made up of code enforcing officials, industry representatives, design professionals, and other interested parties. New code or proposals for modifications to codes are debated during this 18-month process, much like our legislature. A draft copy comes out of a committee and goes to the full group. The code officials at their conventions vote on those codes. So, it is not just an arbitrary process when we -- when these codes are adopted and promulgated. When the Idaho State legislature took up the codes, they became effective July 1 st of '04. On January 1 st of '05 cities were supposed to be adopting these codes. So, the point I want to make is that the industry, the fire protection industry, knows about these codes, they know intimately what is in these codes. So, as far as trying to gear up and be ready for what's coming as far as suppliers or designers and this sort of thing, they know what's coming. So, I believe that they are prepared. They are ready. One other point I wanted to make is with the smoke detectors. One modification that I have asked for in the electrical code is for the addition of a section that is going to require that smoke detectors be on a general wire circuit, instead of the way that they are currently wired. One of the problems we have now is people are -- get tired of the chirping sounds coming out of their smoke detectors and they remove batteries. You end up with systems that are nonfunctioning. So, one of the things that we are going to do is we are going to try and move those over onto a general wire circuit, so that, basically, they can't be tinkered with. We felt that that was a good change and it helps support what we are after here with this life safety issue, so -- De Weerd: You mean when we burn food we can't just unscrew our fire -- Freckleton: Open a window and turn on a fan. So, with that I will -- De Weerd: I don't burn food. I'm a really good cook. Freckleton: Be happy to stand for any questions you might have. De Weerd: Mr. Wardle. Wardle: Madam Mayor. Bruce, first off, thanks you for the presentation. I think that staff did an excellent job of presenting their opinion and their recommendation to the Council. One of the questions I have for you is this code came from the legislature with some exceptions. At anytime in the staffs discussion was there an opportunity or a thought process of how we may be able to implement sprinkler systems within these Meridian City Council June 28, 2005 Page 19 of78 lower density residential units in lieu of some fees or some other way, other than a strict code enforcement that could offset the cost of this? Was that discussed at all? Freckleton: Madam Mayor, Councilman Wardle, staff has had some very very informal discussions. We are not really prepared tonight to speak to that. Wardle: Okay. Madam Mayor. Bruce, one other question. What's the staff's opinion of a two hour firewall in lieu of sprinkler systems or any of the other things that have been discussed this evening? Freckleton: Madam Mayor, Councilman Wardle, Members of Council, we have had -- we had some discussion with Jason and the other members of BCA yesterday regarding that proposal. The requirement for the two hour firewall comes into play when -- comes into play when a structure is considered. a one or two -- one and two family dwellings and multiple family dwellings, such as townhouses. By our definition the city's -- in our city code a townhouse has to be on a separate lot. You have to have a lot of ownership where that unit sits. Under the International Residential Code, a townhouse or a one and two family detached dwelling is what they call it in the code, is required to be separated -- each unit is required to be separated by a two hour fire separation. To call an apartment building that is a multi-family dwelling on a single lot a townhouse, by definition you just cannot do that. It doesn't -- it doesn't fit. The townhouse units, they are required to have -- if they are no more than three stories above grade, they have to have a separate means of egress, which is another complicating factor for an apartment, having separate means ingress for an upstairs unit. Anna's got a graphic here that she's trying to get up that will help illustrate what we are -- what we are talking about. Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: Bruce, maybe I can just ask a question and see if -- of Deputy Chief Silva. If a two-hour -- if a two hour firewall would address some of the issues that the Mayor had with dwelling to dwelling or family to family kind of fire spreading issues, would it address some of those issues is my question? Silva: That would help limit -- Madam Mayor, Members of the Council, Councilman Wardle, that would assist in limiting the fire to that one unit. However, using the point that the Mayor -- using the case where the Mayor pointed out there was a fatal fire in the Sandpoint area, that fire was limited to that apartment. However, that would still -- we still got a fatal fire as a result of that person not being able to reach the means of egress, a way out of the building. I'm also -- there has been a lot of discussion about -- about smoke detectors, how effective they are, and I have got a study from the U.S. Fire Administration, unfortunately, that indicates that two-thirds of deadly residential fires are missing a smoke detector or not -- do not have an operational smoke detector. So, the mere requirement that we have a smoke detector in place is not a cure-all for-- Meridian City Council June 28, 2005 Page 20 of78 in terms of people do, in fact, die of smoke that we acknowledge, as Councilman Bird has pointed out, and that is true, however they have to be active and that smoke detector has to be operationally ready to perform. Wardle: Thanks. Canning: Madam Mayor, Members of the Council, Councilmember Wardle, let me try and rephrase what -- what Bruce was talking about -- or Mr. Freckleton was talking about earlier. By saying that they want to do town -- or a firewall, basically, they want the city to call it a townhouse unit, instead of a multi-family unit. We can just use these two little illustrations here. A multi-family structure is one where there is three or more dwelling units on one property in one structure that's all connected. A townhouse development under our current standards and under our new proposed standards, is where there is a lot line that divides each of those dwelling units. So, there is one dwelling unit per lot -- there is one structure, but there is three properties and there is three dwelling units or four properties, four dwelling units. There is even numbers. So, it would be inconsistent to call a multi-family structure with firewalls a townhouse structure is the point that was made. Wardle: Thank you. De Weerd: Bruce, when you talked to BCA, did you also talk about this -- this new thing in the electrical code for the fire detectors? Freckleton: Yes, Madam Mayor, we did. De Weerd: Okay. And there was no issue with that? Freckleton: Really, the only issue that we debated with BCA was the requirement for the sprinklers in three or more units. De Weerd: Okay. Well, Council, I'd like to hear from BCA on that one, but I'm all for it. I think -- I have tried to do ride-alongs with the fire department and usually [ have a calming effect every time I go to do a ride along. I think the only thing I ever have done is I rode to a house to change a battery in a fire detector that was way out of reach, I mean -- and with the design of houses, that's probably more often than not. How you change the batteries in those things are beyond me. So, that seems like a very positive change. Does the BCA have any comment they want to make on that particular item? Okay. Council, do you have any further questions? Okay. Staff, anything further? Okay. Council, what would you like to do? Rountree: Madam Mayor, if there is no further discussion, I move that we close the Public Hearing for Item No. 11. Bird: Second. Meridian City Council June 28, 2005 Page 2J of78 De Weerd: Okay. The motion is to close the Public Hearing on Item 11. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. De Weerd: If there is no comments or information needed, do you want discussion before I would entertain a motion? I would entertain a motion. Mr. Attorney, I guess we have all these ordinances in Items 12 through 15 to consider after this Public Hearing. We probably don't need any action item on this particular item. Baird: That's correct, Madam Mayor. These have been published. I do want to point out that there has been an amended ordinance published for Item No. 15, the electrical code, and at such time that that action item is taken, it should be specified whether you're moving to adopt the amended item. Specifically, what we are talking about is on page five of that electrical code, item number 10-3-7, adding a sentence: The City of Meridian further adopts Title 1, Chapter 10, rules governing certification and approval of electrical products and materials of the state of Idaho, including, but not limited to the right of the city to require independent certification of circuit wiring for approval. That specifies what -- the only amendment since last week to any of these four being proposed. Item 12: Ordinance No. 05-1157 Buildino Codes: Adoptina the 2003 International De Weerd: Thank you. Okay. Well, then, I would move to Item 12, Ordinance No. 05- 1157, adoption of the 2003 International Building Code. Bird: Aren't you going to read it by title? De Weerd: If you're ready for it to be read by title only. Mr. Berg. Berg: Thank you, Madam Mayor, Members of the Council. This ordinance proposed 05-1157. An ordinance amending Title 10, Chapter 1, of the Meridian City Code regarding the building code, providing a savings clause and providing for a summary and providing for a waiver of the reading rules and providing an effective date. De Weerd: Okay. Berg: They are short. De Weerd: Thank you. Berg: Thank the attorney. De Weerd: Okay. Council? Meridian City Council June 28, 2005 Page 22 of 78 Rountree: One at a time? De Weerd: Yeah. We should do them one at a time. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we adopt Ordinance 05-1157, amending the 2003 International Building Code. Donnell: Second. De Weerd: And that motion is as written, recommended from staff? Rountree: As written. De Weerd: Okay. Is there any discussion? Mr. Berg, will you call roll. Bird: I'm going to vote aye, but I'd like to explain why. I don't like rules and regulations. I think sometimes we, as public officials, get too much in rules and regulations and add cost to construction for our builders and stuff, but in the same token in my book this is a life safety feature that very few three-plexes and four-plexes are lived in by owners and sometimes they don't have the most desirable renters, so that is why I'm voting aye. Wardle: Nay. And I'd like to take just a moment and address the fact that I think it's important to consider affordable housing, especially with the rising cost of housing within our city and our municipality and consider that for many families this is one of their largest expenses -- housing is a large expense and I take that into consideration with my vote. De Weerd: Okay. Motion carries with three ayes. Bird, yea; Rountree, yea; Wardle, nay; Donnell, yea. MOTION CARRIED: THREE AYES. ONE NAY. Item 13: Ordinance No. 05-1158 International Fire Code: Adootina the 2003 De Weerd: Item 13 is Ordinance No. 05-1158, adoption of the 2003 International Fire Code. Mr. Berg, will you, please, read this ordinance by title only. Berg: Thank you, Madam Mayor, Members of the Council. Ordinance No. 05-1158, an ordinance amending Title 10, Chapter 4, of the Meridian City Code regarding the fire Meridian City Council June 28, 2005 Page 23 of78 prevention code, providing for a savings clause and providing for a summary and providing for a waiver of the reading rules and providing for an effective date. De Weerd: Thank you, Mr. Berg. Mr. Attorney? Baird: Madam Mayor? De Weerd: Yes. Baird: There may have been some confusion on what was being voted on on Item 12 and just to clear that up before we move on to 13, I think we should go back. Is it -- it's been a couple weeks since I have looked at the -- it's the fire code that contains the provisions about sprinklers. Okay. So, some comment may have been made about items that don't exist in item No. 12. So, I suggest we go back and retake the vote on that. It's already been read by title. Wardle: Mr. Baird, just a clarification made to me by staff that Item No. 12 does reference -- in the I RC references -- makes a reference to the requirement for that. Baird: Okay. Bird: Yeah, it does. Wardle: As staff clarified. Baird: Madam Mayor, with that clarification, then, unless any Council member feels the need to go back, we will let that stand and we will go forward on 13 at this time. Make sure the public understands that it sounds like there is a cross-reference between the two. We may hear the same comments on No. 13. De Weerd: And that's why I did ask if that included staff recommendations. Baird: Very good. And that's why [ was considering them separately, to avoid confusion. De Weerd: Okay. Anything further on that, Mr. Baird, can you tell me do I also need to give the opportunity for the audience to hear the code read in its entirety? Which I didn't suggest on that last one. Baird: Madam Mayor, that is our standard procedure and as it's not often that anybody does request that, because we do publish them and we publish these many many times, but, again, without having to retake the vote, you can certainly inquire if anybody would like Item No. 12 to be read in full. Meridian City Council June 28, 2005 Page 24 of78 De Weerd: Okay. We are on Item 13, but if there is anyone in the audience who would like to hear any of these ordinances, 12 through 15, read in their entirety, certainly if you will indicate. Otherwise, I won't ask you on each item. Thank you. Berg: Thank you. De Weerd: Much appreciated. Okay. Ordinance 13. Council. Donnell: Madam Mayor? De Weerd: Mrs. Donnell. Donnell: I'd like to make a motion that we approve Ordinance No. 05-1158, adopting the 2003 International Fire Code. De Weerd: Do I have a second? Rountree: Second. De Weerd: Okay. The motion is to approve Item 13. Mr. Berg, if there is no comments. Wardle: Nay. With an additional comment. De Weerd: Why don't you make it during the comment section? Wardle: With your permission, Madam Mayor? Bird: No, you get to comment when you vote. Wardle: My vote here is two fold. One is in just my short time on the Council I have seen three and four-plex units within the city become of a higher quality. I fear that that may slip with this additional requirement and expense. In addition, I'd like to point out that this is one step closer to requiring fire sprinklers for single-family residential dwellings. De Weerd: Thank you, Mr. Wardle. So, that was an explanation of your nay vote. So, three ayes one nay. Motion passed. Roll-Call: Bird, yea; Rountree, yea; Wardle, nay; Donnell, yea. MOTION CARRIED: THREE AYES. ONE NAY. Item 14: Ordinance No. 05-1159 Adootina the 2003 International Mechanical and Fuel Gas Codes: Meridian City Council June 28, 2005 Page 25 of78 De Weerd: Okay. Item 14, Ordinance No. 05-1159. Mr. Berg, will you, please, read this by title only. Berg: Thank you, Madam Mayor, Members of the Council. Ordinance 05-1159, an ordinance amending Title 10, Chapter 5, of the Meridian City Code regarding the Mechanical and Gas Code, providing a savings clause and providing for a waiver of the reading rules and providing for a summary and providing an effective date. De Weerd: Thank you. Council, Item 14 has been read by title only. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we approve Item No. 14, Ordinance 05-1159. De Weerd: Do I have a second? Donnell: Second. De Weerd: Okay. The motion is to approve Item 14. Mr. Berg, will you call roll. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea. MOTION CARRIED: ALL AYES. Item 15: Ordinance No. 05~1160 Electrical Code: Adootina the 2005 National De Weerd: Okay. Item 15 has been amended. Mr. Berg, will you, please, read that ordinance 05-1160 by title only as amended. Berg: Madam Mayor, Members of the Council, Ordinance 05-1160, the most current amended ordinance that I have, an ordinance amending Title 10, Chapter 1, of the Meridian City Code regarding the electrical code, providing for a savings clause and providing for a summary and providing for a waiver of the reading rules and providing an effective date. De Weerd: Thank you. Okay. Council, you have heard this ordinance read by title only. Do I have a motion? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Meridian City Council June 28, 2005 Page 26 of78 Rountree: I move that we approve Item No. 15, 05-1160, the International Electric Code, as amended per page five, item 10-3-7. Wardle: Second. De Weerd: Okay. The motion is to approve Item 15. Mr. Berg, will you, please, call roll. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea. MOTION CARRIED: ALL AYES. Item 16: Public Hearing: Proposed Fee Increases for Solid Waste Collections by Sanitary Service Company: De Weerd: Thank you. Item 16 is a Public Hearing on the proposed fee increases for the solid waste collections by SSC. I will open this Public Hearing with comments by SSC. Sedlacek: Madam Mayor, do I need to state my name and address? De Weerd: Please. Sedlacek: My name Steve Sedlacek, I am with Sanitary Service Company. Our address is 2130 West Franklin in Meridian. We will be constructing a transfer station with a sprinkler system. De Weerd: We appreciate that. Sedlacek: Madam Mayor and Members of the Council, somebody very wise once said don't shoot the messenger. And tonight I'm the messenger. So, what I'd like to talk to you about is our memorandum that we provided to you, dated June 9th. What's going on in the county is that the Ada County commissioners are raising the fees for landfill disposal at the county landfill. Sanitary Services pays that bill every month for the privilege of getting in the gate up there and dumping the garbage in the landfill. Our contract allows -- or requires that we pass this increase onto customers and so what we are doing tonight is requesting that that pass through occur. Let me state very clearly that Sanitary Services will not receive a penny of this increase, if my calculations are correct, and I believe they are. But we are the only entity that will be harmed if you don't pass it, because we still have to get the trucks in the gate every day and we have to pay the bill at the end of the month. So, with that I guess I'd like to go through the memorandum, if you have it in front of you. The landfill rates are going up between nine percent and 50 percent. Unfortunately, the rate for compacted garbage is going up from four dollars a yard to six. That's the 50 percent increase. Three-quarters of the garbage collected in the city is compacted. That's all of the residential waste and all of the commercial waste in the city. So, that's the rate that hits people pretty hard. The rationale for the rate increase the county would say is because of the new -- all the Meridian City Council June 28, 2005 Page 27 of78 program costs that they are incurring fOf household hazardous waste disposal and all of the TV monitors and cathode ray tubes that they are collecting. They are also about to embark on a large expansion project of the landfill and I'm sure they are looking at their future waste -- or revenue streams versus their expenditures and they are trying to balance the two. So, anyway, what we have done is every year we come to you with a CPI rate increase. In other words, we get an allowance every October for our increased fuel costs, increased costs of insurance, all those other things and that's tied to the Consumer Price Index. What we do when we do that is we exclude all land-filling costs, because that's controlled by the county. So, in this rate increase what we are doing is we are looking at that smaller portion that is land-filling. What we have determined is that the residential rate that you pay is 11 percent disposal. So, if you pay -- you pay $1.15 -- or $10.15 pef month fOf a home right now and so that means $1.13 is going to the county through Sanitary Services. And I don't know if we want to go through all the math on this thing, but, basically, that rate has to go up by 50 percent and, then, we have to make sure that the city's franchise fee of six percent is added on, so we all break even. Basically, it comes out to a 60-cent fate increase for every customer and that's a 5.9 percent rate incfease. The commercial collection is also going up. Well, all the rates are going up. Commercial collection is going up 9.4 percent. Commercial compactors -- there aren't a lot of those, but there is a few. They are going up 15 to 20 percent. A high proportion of that waste stream is landfill -- is disposal cost. And roll-off services are going up between four and 31 percent. A lot of -- there are some roll-off services in town. For example, large retailers, Fred Meyer, Wal-Mart, WinCo, they have lafge compactor boxes that we haul and those -- to get in the landfill those rates are going up 50 percent. Now, our fates to haul those boxes are not changing. Again, that -- our costs are adjusted in October. One other thing in the memorandum is we are proposing two sort of additional changes or modifications to what we do. We, on rare occasions, will haul asbestos waste from the city. If -- for example, if the creamery were torn down, I would imagine there is a bunch of asbestos in there and we would have to haul that and that's regulated through the TOSCA, which is Toxic Substances Control Act, and we are required to have extra training for our drivers, we have to supply, you know, fit testing for respirators, we have to do chain of custody records that we have to keep documentation of all this stuff. So, it's just -- it's a higher level of service and we are asking for a hauling rate that's higher than average to do this work. We've probably hauled -- in the last eight years I bet we have hauled ten boxes that had asbestos in it. So, it's not a big service that we provide. Hopefully, it's not going to be a big service either. Additionally, on our commercial cardboard collection we want to change our service from three yard to five-yard containers, but keep the rate the same. So, we want to allow more people to get involved in that program. That's really all the comments I had regarding the rate change. I did want to speak to you about how to implement this change if this is something that we are going to move forward with. I guess before I do that I would apologize to the Council for the late timing of this. This change goes into effect on Friday. That's principally caused by the fact that the county gave us eight weeks to get through this. So, Sanitary Services had to gather its data, do its analysis, produce the memo, get it to you, then, we have to have a Public Hearing process. Well, that takes six weeks to get here at least. We have met with the county, Mayor, and city staff to improve that in the future and I think that will happen, but I'll just Meridian City Council June 28, 2005 Page 28 of78 say up front I wish this were -- I wish we had more time to notify people, but it is what it is. With regards to implementation, I believe this change needs to be approved effective July 1 st, because that's the rates that -- that's the day the rates change at the landfill and I'm not suggesting to the Council that the billing system be changed on July 1 st. The billing system looks backwards. It bills in arrears 30 days. So, the bills that come out on July 5th will be for June services and those people should not pay a higher rate until August 5th and we have prepared billing inserts to explain that in one month your rates -- your bill is going to go up 60 cents and we provided that to the Council -- or to the Mayor. I have got examples of that here if you'd like to see them. The issue is somewhat -- De Weerd: It's in front of you. Sedlacek: Oh. Okay. Great. Thank you. The issue that's more confusing is the billing that occurs in the middle of the month, because the next billing cycle for the mid month will be July 20th, which, essentially, covers mid June to mid July. So, half of that bill is at the old rate and half of the bill I would propose be at the new rate. We have already provided to the MUBs people, to Stephanie and J.C., a pro-rated rate structure, so it would occur after the July 5th billing, was we would put in the pro-rated codes, they would run the cycle for the -- that half of the city that gets billed on the 20th. I'm not sure if that's north or south. And, then, after that billing cycle has run, the next cycle would be -- or the new -- the final codes would be put in, which are the full rate, and that would be effective for the August 5th billing. So, there is a way to step up into this new structure that is accurate and it's explainable, although I do wish we had one more cycle stage before this where we could give people a month to know that their bill is going to go up. What's going to happen on July 20th, if you approve, is people are going to see a 30 cent rate increase on their bill and there will be an explanation bulletin in their bill. Not the best way to tell people, but, again, it is what it is. And I will stand for questions, comments. De Weerd: Council, I did want to maybe elaborate on what Steve told you about meeting with Dave Mill with the landfill. We have a concern with -- also in your packet is a memo from Ted Hutchinson and he kind of details they haven't had an increase at the landfill since 1998. Our concern was more in how they proceeded forward with this. And it's not -- Dave Mill has been bringing this to the Commission since 2000 trying to have a more even adjustment, so you don't get hit at one big day. He has been denied every time and most recently denied in January. I think he was caught a little bit unawares that they approved it and, then, again, in May and so he did -- knowing now what our process is, how we need to public notice it, he is a little bit more in tune to how that ripples down to the people who actually have to implement it and that is why we have on this notice the phone number for the landfill and Sanitary Services, if they do have questions as to procedure. What they take away from that meeting was is they are now more aware if it happens in the future it would be recommended to the Commissioners that they have in October 1 an effective date, so that we have time to implement it and notice. Also, when it's considered for our public, our constituents are the same constituents the county commissioners have and what we have asked them is Meridian City Council June 28, 2005 Page 29 of 78 that we be able to notice their meeting on where this actually is being increased, so that our public can have public opportunity to comment, then, because right now SSC finds themselves in the middle of this, as do we. We are not going to change their decision at this point, it's already been made, so we hope that we have laid some groundwork that -- that this will be done with more of an opportunity for our public to comment, as well that it would be concurrent with any CPI annual adjustment as well. So, this is all done in one -- in one action. Do you have any questions for Steve at this time? Okay. Thank you. Okay. This is a Public Hearing on our solid waste collection fees. Is there anyone who would like to provide testimony on this item? Okay. Seeing none, Council? Donnell: Madam Mayor? De Weerd: Mrs. Donnell. Donnell: I make a motion that we close the Public Hearing. Rountree: Second. De Weerd: Okay. The motion is to close the Public Hearing on Item 17. All those in favor say aye. I'm sorry. Sixteen. Rountree: Still aye. De Weerd: Okay. You haven't changed your mind? Rountree: No. MOTION CARRIED: ALL AYES. Item 17: Resolution No. 05-478 : New Solid Waste Collections Fees: De Weerd: Okay. I will, then, move to Item 17, if Council would agree. I will introduce Resolution No. 05-478, the new Solid Waste Collection fees for Council's consideration. Bird: Are we going to read it by title? De Weerd: Do you read that by title? Donnell: Madam Mayor? De Weerd: Mrs. Donnell. Donnell: I'd like to make a motion that we approve Resolution No. 05-478, the new solid waste collection fees. I think this is a real dirty business, but I think we are pretty much Meridian City Council June 28, 2005 Page 30 of78 under the gun. I appreciate Steve's explanation. Thank you. It was very thorough. And with that I would make that motion. Rountree: Second. De Weerd: Okay. The motion is to approve Item 17. If there is no further discussion, Mr. Berg, will you call roll. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea. Item 18: MOTION CARRIED: ALL AYES. Item 19: Item 20: Continued Public Hearing from June 21, 2005: AZ 05-014 Request for an Annexation and Zoning of 19.72 acres from RUT to a R-8 zone for Sicilv Subdivision by Landmark Engineering and Planning - south of East Victory Road and west of South Locust Grove Road: Public Hearing: VAR 05-012 Request for a Variance to exceed the maximum block length for Block 1 for Sicilv Subdivision by Landmark Engineering & Planning, Inc. - south of East Victory Road and west of South Locust Grove Road: Continued Public Hearing from June 21,2005: PP 05-016 Request for a Preliminary Plat approval of 74 building lots 5 other lots on 19.72 acres in a proposed R-8 zone for Sicilv Subdivision by Landmark Engineering and Planning - south of East Victory Road and west of South Locust Grove Road: De Weerd: Thank you. Okay. Items 18, 19, and 20 are continued Public Hearings for AZ 05-014, VAR 05-012, and PP 05-016. I will open the Public Hearing with staff comments. Canning: Madam Mayor, Members of the Council, just a slight clarification there. The variance is actually not a continued item, No. 19. That is the -- we were waiting for this item to get here. Others were -- never mind. Okay. This is -- sorry. Okay. This is Sicily. This project is Sicily. It's located on South Victory Road and west of Locust Grove Road. As you can see, the only access to it is from the adjoining new subdivisions of Roseleaf and Chatsworth. So, it kind of was an island out here. They have applied for annexation and zoning, preliminary plat, and a variance. As you can see, the property is currently vacant. This is the proposed preliminary plat and you will see the two access points from the adjoining subdivision. The applicant is proposing 74 single family residents and five other lots on 19.72 acres in a proposed R-8 zone. The lots range in size from 6,500 square feet to 13,165 square feet. There is not an associated planned development applicant. This is just a straight subdivision application. The variance, however, because they didn't have a PO, they needed the Meridian City Council June 28, 2005 Page3! of78 variance for block length. The block length right now goes from the end of this cul-de- sac to, basically, this furthest point here, probably about 13 -- a little over 1,300 square feet. I mean 1,300 feet. Excuse me. The gross residential density is 3.75 dwelling units per acre and the net is 4.76 dwelling units per acre. The Planning and Zoning Commission has recommended approval of the annexation and zoning and preliminary plat at their May 19th hearing. They did not have a hearing on the variance. Key issues of discussion at that were that the access to this property is provided solely through other subdivisions. There were no Commission changes to staffs initial recommendation and no one testified in opposition to the preliminary plat and annexation and zoning application. To our knowledge, there are no outstanding issues before Council, but, please, remember that you do need to approve the variance, which would be No. 19, first before you approve the preliminary plat. With that I'll end staff's presentation. De Weerd: So, Anna, the access to this is through another the subdivision; is that correct? Canning: Yes. This point here is from Roseleaf and that point there is from C h atswo rth. De Weerd: And where are those? Have those been final platted? Canning: I believe they have. They were both done as very large -- I think Chatsworth, in particular, was a single plat. It's not showing. This one looks to have been phased, of course, but I believe they did this one as a single plat, so all the units went in at one time. De Weerd: And what is the water table out there? Is there an issue with the water table? Canning: Not to my knowledge, but I'll let Mr. Watson answer that question. Watson: Madam Mayor, it doesn't appear that there are significant concerns in the staff report. De Weerd: Thank you. Okay. Is the applicant here? If you will, please, state your name and address. Boyle: Thank you. Madam Mayor, Members of the Council. Clint Boyle with Landmark Engineering and Planning. Business address of 104 9th Avenue South in Nampa. And it's a pleasure to be here this evening. It's been an interesting evening with those agenda items. There has been a lot of garbage discussed on the agenda. Hopefully, we can get through that trash talk and get on with this Sicily Subdivision here. Sicily Subdivision -- we got to at least give some crack. I mean you talk about garbage, what can you do but just kind of shake your head and laugh. Sicily Subdivision tonight is a 74 lot subdivision with five common lots. This particular project is virtually an extension Meridian City Council June 28, 2005 Page 32 of 78 right now of Chatsworth and Roseleaf Subdivisions. Not only will there be the two connections to those subdivisions, we have also provided a stub street to the north that will tie in with future development as it occurs north of this development. This particular project has well over the five percent minimum open space requirement. The central area that you see on the subdivision plat as you come in from the two stubs provides a recreation area, just in itself that is roughly five percent of the site. The developer, if you have seen the landscape plan in our packet, tends to have some nice landscaping there with some basketball facilities, some park benches, and pathways, make that a nice entry into the subdivision where as people come in from Chatsworth and Roseleaf, they are seeing a lot of landscaping and park area as they come into the development So, there has been a lot of forethought put into that. As far as the storm drainage, there are some retention areas, primarily up in the northeast corner of the site. Again, those will be designed in accordance with your landscape ordinance and will be another open space area that people could potentially utilize. That particular area will be primarily for storm drainage to the central park. We are going to try to keep any storm drainage facilities out of that area if possible. The low point on the site is in that northeast corner. As far as the variance application, we are requesting a block length variance. This particular subdivision abuts the Ridenbaugh Canal. The Ridenbaugh Canal is along the west boundary of the project. I don't have my laser pointer tonight, but somebody's doing a good job of pointing out -- De Weerd: There is one right in front of you. Boyle: Thank you, Mayor. So, again, along the west boundary is the Ridenbaugh Canal. Very significant water, as I'm sure you're all aware. That particular feature we are requesting a waiver from the ordinance from tiling that feature and also due to that feature that provides a barrier to providing a stub street that would break up that block length. So, again, the waiver for the block length is due to that significant natural feature that extends along the west boundary. We did look at some other options that would have reduced the block length by a couple hundred feet and that would have been to have stubbed in this location here, which is pretty much a straight shot from the western most road to the north. We can certainly provide the sub there, if the Council desires, to make block length a little shorter. However, the developer preferred to shift that stub street over and, again, it was just a matter of traffic calming, not knowing what would develop north of this site and how long the street would become, kind of a straight shot into the site. That was the reason that that stub was located where it was on the north boundary. Outside of that, we have met with the parks department on this particular site, met with your staff in pre-app meetings, had good discussions with both entities. The parks department we discussed potential pathways, particularly along the Ridenbaugh Canal and in our meetings with them they have indicated that a multi-use pathway would not be recommended along the north -- yes, northeast side of the Ridenbaugh Canal and I think that you have their comments or no comment in your packet. Outside of that, we do agree with the staff comments in the staff report and request your approval on all of the agenda items associated with Sicily. Thank you very much for your time. Meridian City Council June 28, 2005 Page 33 of78 De Weerd: Council, do you have any question? Bird: I have none, Mayor. De Weerd: Okay. Canning: Madam Mayor? De Weerd: Yes. Canning: I forgot to note in my presentation that staff has recommended approval of the variance application and you do have Findings for approval with your packet. De Weerd: Okay. Thank you. Boyle: Thank you. De Weerd: Is there anyone who would like to provide testimony on this application? Okay. Hearing none -- Mr. Wardle. Wardle: Madam Mayor, hearing no further comment, I move that we close the Public Hearing. Bird: Second. De Weerd: Okay. The motion is to close the Public Hearing on Items 18,19, and 20; is that correct? Wardle: Yes. De Weerd: All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: I believe we have to approve the variance first is that-- Baird: One at a time. De Weerd: The annexation first. Wardle: Okay. I move that we approve Item 18, AZ 05-014, annexation for Sicily Subdivision. Meridian City Council June 28, 2005 Page 34 of78 Bird: And include the Findings of Facts? Wardle: And to include the Findings of Facts. Bird: I second that. De Weerd: Okay. The motion is to approve Item 18. If there is no further discussion, Mr. Berg. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea. MOTION CARRIED: ALL AYES. De Weerd: Okay. Item 19. Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: I move that we approve Item No. 19, VAR 05-012 and to approve the findings. Bird: Second. De Weerd: Okay. The motion is to approve Item 19. Mr. Berg, will you call roll. Berg: Hold on just a second. I wasn't prepared. I'm sorry. De Weerd: And that was all ayes. Motion carries. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea. MOTION CARRIED: ALL AYES. De Weerd: Okay. Item 20. Wardle: I move we approve Item No. 20, PP 05-016 and to approve the Findings. Bird: Second. De Weerd: Okay. The motion is to approve Item 20. Mr. Berg. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea. MOTION CARRIED: ALL AYES. Meridian City Council June 28, 2005 Page 35 of78 Item 21: Public Hearing: AZ 05-020 Request for Annexation and Zoning of 2.3 acres to L-O zone for Ashtvn Park by David Price - SWC of North Meridian Road and West Ustick Road: De Weerd: Okay. Item 21 is a Public Hearing on AZ 05-020. I will open this Public Hearing with staff comments. Canning: Madam Mayor, Members of the Council, this project is called Ashtyn Park. It's located on the southwest corner of Meridian Road and Ustick Road. A church is located immediately to the west. A small residential subdivision immediately to the east. and Settlers Park. The site currently has two structures in it. One is within the ACHD right of way -- or at least a portion of it is. What the applicant is requesting is to rezone 2.9 acres to L-O designation. The property currently has a Comprehensive Plan designation of both residential and public, quasi-public. This portion of the property was included through a property boundary adjustment in Ada County prior to this. It was formerly part of the church's land holdings, but now has been combined with the parcel to the north. The parcel to the north is the one that had the residential designation. The church, as the Comprehensive Plan went through, all their holdings were classified in the public, quasi-public. The recent text amendment that Council approved for the Comprehensive Plan allows properties to -- that have a residential designation, that are less than three acres in size, to request office uses at Council's discretion. That text amendment also talked about what would be appropriate for the development or redevelopment of properties that have a public, quasi-public designation if they weren't being used as was anticipated when the Comprehensive Plan went through. So, kind of have both sides of that text amendment in play here, because the property does have a dual designation. It does meet the -- it is less than the three acre threshold that is in the Comprehensive Plan text. The applicant has submitted a couple different conceptual site plans. This is one. This is the other. They both have a single access to Meridian Road and both the access points are in the same location. ACHD has asked that this property align their driveway with the -- with this public street entrance to the subdivision immediately to the east. It doesn't officially meet their offset standards for arterial streets, however, ACHD felt it was better to have the two aligned, rather than to have the entrance to the commercial development be offset, because the offset wouldn't meet their standards either way. So, they felt it was more appropriate for it to line up with the existing street. The conceptual site plan has approximately 30,000 square feet of office space in six buildings as shown. They have not provided elevations. Again, this is just a conceptual site plan, because they are not bringing a development application in with this annexation request. The Planning and Zoning Commission did recommend approval with conditions at their June 2nd hearing. The key issues of discussion -- there were several. David Price and Greg Thueson spoke in favor of the application and those -- the discussions were vehicular access and cross-access to the west and to the south. And this became particularly important, again, because of the -- this offset. At some point ACHD may decide that this offset is insufficient for full access and they may limited this to a right-in, right-out only. If they do that, then, it becomes critical that- - that the folks using this office area be able to get out through the church property and staff had committed to working with the applicant to make sure that the cross-access Meridian City Council June 28,2005 Page 36 of78 didn't provide a cut-through traffic to encourage people to come whipping through the site either. So, I feel confident we can work with both the church and this property owner to have some cross-access points that will facilitate that. The second issue of discussion was future uses. As staff -- as these have come in, we haven't necessarily taken a consistent approach on all these little office exceptions, but we sat down and we came up with -- looked at some of the past approvals that you all had done and tried to come up with a consistent approach. What we felt was the best was to limit it to strictly office and clinic uses on this property, consistent with what -- the intent of that text amendment to the Comprehensive Plan. The Commission did also recommend that the applicant be allowed to come back in for day care on this site, if that's what they chose to do in the future. So, they did open it to office, clinics, and a day care. The third issue of discussion, the hours of operation. Staff had originally recommended 7:00 a.m. to 7:00 p.m. After discussion, the Commission has recommended the hours of 6:00 a.m. to 10:00 p.m. The fourth and last major item of discussion was the existing eight inch sewer line for the church. This sewer line goes -- it's the service line for the church. So, the service line would be coming through this property. I think the Public Works staff just wanted to make it clear during the Commission's Public Hearing that that could not be used as a main, it's only an eight inch service line, that they would have to bring in separate service lines for the -- or a main, I believe, for the -- for the other structures. They couldn't tie into the existing line. I did notice that there is a letter from Chris Boyer regarding this application. He's a resident of the Waterberry Subdivision and he was -- took an interest in the subdivision, since that went through, and he has some important points to make here. I'm not sure that staff has -- or I'm not sure that Council had an opportunity to read that letter. It is three pages long. I can read it into the record if that's Council's desire. He does make some good points. De Weerd: It's two pages and if you could -- if you have points you want to point out. Canning: Okay. De Weerd: Have you been able to read that? If there is anything specifically that you would like to make comment on. Canning: I will summarize for the audience, as benefit perhaps, but that would be the best thing. It does -- he points out that this was zoned as a mix of residential and public, quasi-public in the Comprehensive Plan and he doesn't feel that the office uses are with the intent of that Comprehensive Plan. He didn't feel that the applicant's justification of having a more intense use here, because it was a busy street, he felt that that was kind of -- that this -- that adding more offices to a busy street just makes it an even busier street. And, similarly, with the noise I think was the other big issue that the applicant had stated that the noise from the park made it such that noise from this property was justified, I suppose. And so I think that's the main points of his letter. Now, I can provide this to the applicant for his review, if he hasn't already gotten a copy. I'm not sure who the applicant is. There you go. There he is. I think those were the main issues discussed in the letter. Meridian City Council June 28, 2005 Page 37 of78 De Weerd: Okay. Council, do you have any questions for staff at this time? Bird: I do not, Mayor. De Weerd: Okay. Would the applicant like to come forward? If you will, please, state your name and address. Price: Madam Mayor, Councilmembers, my name is David Price, I live at 2291 North Greenview Court in Eagle, Idaho. It states it at the top of that paper that I just gave you. First of all, my purpose in talking with you for just moment is that I wanted to mention a couple of things. First of all, the preliminary draft that was up onto the screen, I just wanted to make sure you or other people would understand that that was just a conceptual type drawing, in that in actuality before we would be able to go forward we have -- our plan is to do a planned development or subdivision type development on that property. So, when the actual time comes and the layout and the plotting and when we try to actually have the place parceled, then, we would have to come before the hearing process again, of course, and actually have that be exact. But that was just a couple of ideas that we put together to try to see how the street would line up in relation to different buildings and structures and where the existing eight-inch sewer was and so forth. I wanted to just mention to you that our purpose in -- or our thought in going forward with a limited office or light office zoning, limited office zoning, for L-O zoning designation was -- was separate and aside from the special resolution and what I have placed on that paper was I have gone through the Comprehensive Plan and tried to outline some of the goals in the Comprehensive Plan and objectives that I think apply to this particular piece of property and one is to locate new community commercial and I should say that when they mention commercial in the Comprehensive Plan, my understanding from my reading of it was that they combine anything to do with business, whether it be office or whatever, as commercial. To locate that in areas near arterials, which, of course, this property would be, and in such a way as to compliment adjoining residential areas, which I will address here. The second is to identify transitional zones to buffer the commercial and residential uses and to allow such use as offices and low intensity uses and that's another thing that I believe our development will do. Our goal four was to protect existing residential properties from incompatible land use development on adjacent parcels and I believe as I go through this I will help support that that would be the case. And, then, finally, to identify locations for low traffic generating uses on key corridors and so, again, that was -- if we are going to go into something other than residential, that this would be a relatively low traffic generating portion to do. On part B it indicates the applicable Comprehensive Plan amendments and those were the ones that took in December of last year and in those the staff, of course, because it's under three acres, felt that this would -- or we gave a recommendation because of the special resolution that allows for consideration of that if it was under three acres and on major -- on arterials. Also, on a few pages later, on page 99 in that Comprehensive Plan, it indicates: Additionally, as noted in the residential district section of the Comprehensive Plan, light office uses may be appropriate in limited circumstances and at the discretion of the City Council. My point in bringing this up is that we felt that because of the way that the property is located -- Meridian City Council June 28, 2005 Page 38 of78 the area the property is located in and what is adjoining the property, we feel that in and of itself is a reasonable and good use for light office space separate and aside for something under three acres of the special resolution part that's on page 95 and we are asking for your consideration on page 99 as the reason for approving it, because our desire is to not have it limited to only a specific use and to be able to be open on that, realizing that the public and the neighbors will still be protected from any type of future use, because of the requirement of conditional use permits if we are ever going to deviate from that, to not place that restriction on it. And I gave the reasons why I think it's a good fit for light office on the second page and indicated, first, it's by two primary arterials and that the noise and traffic of that intersection itself is much more compatible to light office use than to residential. Secondly, that the use would be comparable to the light office designation that's exactly kiddy-corner to this on the northeast corner of that intersection, which is already designated where the red lines are -- yes, right in there, that's already a light office designation. Third, that the property -- a property would be a low intensity buffer, because of the inherent light office traffic and noise factors that are there, as compared to a regular commercial shopping center or something like that or a Maverick like was tried to be brought up before to the Planning and Zoning. Four, that it would be less intense at times than the current church. For example, the church now on Sundays has much heavier use than this would have or like in the month of May when they had their large carnival and filled up all of the -- filled up a good portion of this property, plus all of their property parking lot with activities and so forth and the area seemed to handle that okay. Fifth, that it could be less intense in traffic and noise than Settlers Park at times. That doesn't mean that Settlers Park is tremendously noisy, but it's surrounded by the neighborhood there and that that area, in and of itself, would generate its own noise, it wouldn't necessarily be excessive over what this would be. And, sixth, that three out of four of the corners of this intersection do not have residential housing. Only the small residential section that is located at the southeast corner and, then, just to the south of the property there are two large acreages that I think are ten acres -- five or ten acres, I can't remember which, and the Sweet family owns them, which I think they are here tonight to testify. Anyway, that those are the only area's residential that really directly surround it. And, finally, I did hold neighborhood meetings in the area, I sent out notices to all the neighbors; I personally met with the neighbors closest in the subdivision that's there, the two that are closest to the property. I spoke a fair amount of times with Dan Sweet, who was on the second large parcel to the south and have communicated clearly to the neighbors -- at the neighborhood meeting no one came and to the Planning and Zoning hearing no one came. And, in fact, until the letter that was just read and I think that the Sweets are going to testify, I have not known of any opposition to this until just now. Finally, I think that regardless of whatever designations -- I mean once it's put into light office, that the neighbors are -- again, are fully protected, because this is only a zoning change and an annexation and it's not our planned development application yet or our subdivision application. So, that would still be in the future and if there was some type of use, even if it's a conditional use, it would still be protected, because it would go through the hearing process and I realize that on page 95, the light office zoning designation resolution limits it to have no commercial use whatsoever, including even a day care. But the Planning and Zoning at least allowed us to have that put in the record that we Meridian City Council June 28, 2005 Page 39 of78 could have that. We are requesting that you consider doing it, because of the nature -- the unique nature of this property, that three out of four of the corners do not even have residential and are already either public or commercial or office type -- light office type use. And the fact that -- that the public itself would be protected with any future usage because our need for hearings, we would like to have it just be regular light office and then -- and not have any specific limitations placed upon it, other than what a normal light office space would have and to base that on the part of the resolution that's on page 99, rather than 95. Finally, on item two, as far as the time restraints, while I would suspect that most use that would be light office would be between the hours of 6:00 and 10:00, we are at least able to get it to that range. I would -- in listening to that, I listened to Councilman Bird and when he mentioned about rules and regulations and my only feeling on it is that the Comprehensive Plan doesn't state anywhere that there has to be a time limit on properties that's arbitrary or just placed on them and I feel similar to what Councilman Bird had said before, that I just think that if there needs to be some kind of time limit, it should be placed on when it comes through the planned development portion of it and not just in the zoning itself and that light office itself doesn't call for a special time limit on it. And so we would like to at least in the initial stages not have a specific time limit placed on that as a means of further regulation, when nothing in the Comprehensive Plan requires that and the public is still protected again that if some type of use of concern were to come in the future, it would have to come through this hearing process anyway and, then, that could be specific to that use. And I gave reasons for that. I covered number one. I would mention just a couple of things, that I know from just being at the property there are times when the church usage is later than that. There are times in medical clinics -- I know in my own chiropractic clinic I have come in for people on an emergency basis that have been later than 10:00 o'clock or earlier than 6:00. Medical clinics, if the doctor has to come in on an emergency basis at a time other than that, and I realize that in Planning and Zoning one of the members said, well, you know, well, I don't think anybody is going to actually be out there setting a time watch and enforcing it, but I feel like if -- that there shouldn't be a rule placed on that you're not going to expect to be kept and that there is not a reason to place some arbitrary limit when it's already going to be protected with conditional use. And, finally, I wanted to -- on number five I wanted to make a little change there. I'm not great at writing this stuff, but I put lawn mowing -- I meant yard work and, then, I put in number five and extending well past, meaning that there have been times when I have gone passed, people are out right at dusk or something like that that would go past 10:00 o'clock just finishing up in what they might do in yard work or on car repair. Within the -- and, finally, I would just ask that those type of limitations not be placed on the property and that you use the designation on page 99 for the special resolution to finalize our approval, rather than on page 95. That's my thought. Thank you for your time and attention. De Weerd: Thank you. Council, any questions at this time? Donnell: Madam Mayor? De Weerd: Mrs. Donnell. Meridian City Council June 28, 2005 Page 40 of78 Donnell: Just a question for Anna. Excuse me. The letter that we received from Mr. Bohr -- is that right? Canning: Yes, ma'am. Donnell: He states that he lives off Meridian Road in Waterberry Park. Where is that subdivision in relation to -- on this map? Can you point it out? Canning: It's-- Donnell: Is it here? Canning: Right over here. He is not within the 300-foot notice. Donnell: Thank you. Price: Thank you. De Weerd: Okay. I do have two people signed up in opposition. If you'd like to provide testimony, when I call your name, please, come forward. Molly Sweet. If you will, please, state your name and address. Sweet: Thank you, Madam Mayor and Councilmembers. Molly Sweet. I'm located at 82 East Eastbrook in Meridian. De Weerd: Thank you. Sweet: We are the property that is directly across from this location. I wanted to first address Mr. Price's issue that no one showed up to the meeting and point out that that happened to be the evening of the carnival or large use of the parking lot. My husband went over and could not locate Mr. Price, as he had never met him. So, we did attempt to go to the meeting and are not trying to blindside him here. One thing I want to speak to is the fact that he keeps mentioning that three of the four corners -- well, we are that fourth corner and we were there first. There are 11 families there and when I say families, I mean families, and we have children and the -- there is a lot of traffic there already and while I understand that the ACHD wants to put the location directly -- the drive directly across, they don't live there and there is a center lane that -- although it's illegal for people to drive down that when they want to turn left, they do it anyhow, and I can count on fingers and toes how many times I have almost been hit attempting to pull out when people are obeying the law and allowing us to do that and I just feel that that's going to compound the problem even more. With issue to the church use, they are not directly across from any neighbors and so I believe that's a separate issue in terms of use. My concern with the use until 10:00 p.m. is the lighting. I assume there will be parking lot lights, which we will kindly see from our home and I believe all 11 homes will be able to see that. Which take into consideration the effects of what's going to be there Meridian City Council June 28, 2005 Page 41 of78 and with no elevation plan, we would like to know how tall do they want these buildings to be. And let's see. Yeah. My main issue is the driveway there. We have already battled the Maverick and it is inevitable that something is going to go in there, but with due respect to the neighbors what can we do to make it the safest for the children that play in the neighborhood as well. I'd also like to speak -- I know that Ida Sweet does not care to speak and she is my grandma, so I will speak for her, if that's okay. For her the main issue is esthetics, as well as the lighting issues. That a vinyl fence, if this does pass, that it be mandated that a vinyl fence go in there, along with the landscaping issues that I know are required -- I believe are required with the issue. So, that's it. De Weerd: Okay. Thank you, Molly. Any questions for the -- for Molly? Canning: Madam Mayor? De Weerd: Yes, Anna. Canning: If the testifier could indicate -- there is a little laser pointer on the podium -- where your house and your grandmother's are. Sweet: That's me. I'm shaking. I'm sorry. And grandma is over here. Canning: Okay. Thank you. De Weerd: Thank you. Okay. Is there any other testimony on this application? Okay. Would the applicant like to respond? Price: Thank you, Madam Mayor, and Councilmembers. I think -- is your name Molly? I had a chance to meet Molly when she was out mowing her lawn when I went over to talk with her at one time and I'm aware of where she lives in that area right in there. I'm sorry, I'm kind of nervous here, so I better put it on here, so I can hold it still. I would say that if I lived in her house I wouldn't blame her on the concerns, but just so that everyone would be clear, the issue that we are simply bringing forth now is for a zoning change. Those type of things will be addressed on the planned development. If I were her, as far as lighting, I think it would be reasonable to put lighting in that has blockages, so that it doesn't -- it blocks the shining to go onto that -- onto the street, because also I think we would want to do lighting that blocks to here and a lighting that blocks it this way, so that it's onto the parking lot and I think in actuality in the end, if it has proper lighting, it would enhance the area, because it would keep the neighborhood somewhat lit with street lighting or at least the parking lot lit, as opposed to having the area be dark. But I think I would want them to be shadowed -- I would want to be shadowed if I was them, too. Additionally, as far as the fencing and those things, those are all issues that when it comes to the planned development, I think they would be protected on. And, then, also I was going to mention our -- just for Mrs. Canning, we might have put down wrong numbers on that sheet or something, but our calculations were that rather than 30,000 square feet, we figured that it would be more in the range of 25,000 would be the maximum we could put on and still get on the parking and per square foot Meridian City Council June 28, 2005 Page 42 of78 allowance -- or parking per square foot allowances that we need. So, we may have done that. Sorry for that, if that was off, so -- I think that was everything that I wanted to mention. Do you have any other questions? De Weerd: Council, any questions for the applicant? Rountree: I have none. Bird: I have none, Madam Mayor. Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: Just a quick question, Mr. Price. You refer to -- and I understand the issues with the fencing are in the planning process and those sorts of things. Are you at least amenable to considering that with the neighbors, the requirement for vinyl fencing when that comes forward? Price: Well, Madam Mayor and Mr. Wardle, I would -- I would want to -- we want to be a good neighbor with the people and our intent is if I lived there I would want to have a -- we can do shadows on the lighting and put structures over the lights, as I have seen in parking lots, to block it from going horizontally in a direction that you don't want it to go horizontally. And, then, with the fencing, just for the esthetics of the development itself, I would think that you would want to have -- you would especially want to have fencing along here, not -- I don't mean that it's a bad property at all, but it's just kind of a grazing type field right there and so I think for our own -- for our own development we would want to have it -- you know, make that a separation. So, I have no problem with that. Wardle: Madam Mayor, a question of Anna and, then, maybe a follow-up question, Mr. Price. Anna, to bring forward for any sort of a building permit, would they need to bring this forward as a conditional use and through the hearing process? Canning: Madam Mayor, Members of the Council, Councilmember Wardle, no. Once the zoning is there, they could build a principally permitted structure with just a certificate of zoning compliance. Wardle: And a follow-up question, Mr. Price, would you be -- and certainly you have the intention to bring this forward as a -- as a subdivision development and to, I assume, plat the entire property, bring it forward with elevations. Is that something you would be comfortable with as a requirement of the zoning application? Price: Well, I would -- Madam Mayor and Mr. Wardle, I would be happy to do a couple of things. First of all, our intent is to do a subdivision type of development, so it's like a typical office-type space with independent buildings. If, for some reason, that changed, though, I would have no problem if you wanted to put in a requirement that the Meridian City Council June 28, 2005 Page 43 of78 neighbors be protected in their lighting and fencing be used in that area, I would have no problem with that. And, then, of course, anything that's not on the list that's on your fourth page, that is a conditional use, it would have to come before you automatically. So, I don't have any problem in either one of those. Canning: Madam Mayor, Members of the Council, I need to clarify that statement. The only use that wasn't a principally permitted use that was allowed -- recommended as -- for approval was a day care. So, if it's -- there is very limited number of uses there. Most of them would not currently require conditional use approval. It seems like a more appropriate development agreement condition in this case might be that they obtain preliminary plat approval, rather than conditional use approval. Or one or the other. Either a preliminary plat approval for the subdivision or conditional use approval for a single structure on the site. Wardle: Madam Mayor. Anna, so either of those preliminary plat or conditional use require a Public Hearing, a notification of the neighbors? Canning: Yes, sir. The preliminary plat will automatically come up to you under the new -- under the new code you may not see this Conditional Use Permit. Depending on if you pass it that way. Wardle: Okay. So, Madam Mayor, follow-up question. So, we would need to place upon this annexation the condition of preliminary plat. Canning: Prior to release of any building permits on the property. Price: Madam Mayor, Mr. Wardle, I would certainly support that. I just wanted to clarify one thing. When Mrs. Canning was talking, she was referring to the fact that on your fourth page that there are the permitted uses that come with the light office zoning automatically and I believe are all allowable underneath that -- the resolution on page 95, with the exception of day care, child day care, day care that the Planning and Zoning added to it and said we could do a conditional use on that, because page 95 inherently says, in essence, that no other conditional uses can be made on that property. What my request was in coming before you was I would like to have light office approved, but I would like it to be approved based on -- based on your resolution on page 99 that doesn't place the restrictions on, with the recognition that any conditional use that I would ever desire for that property would have to come through you anyway and you would be welcome to place that as part of the resolution, so that it could have approval and the neighborhood would be protected and there would be -- that there would be nothing put on that hadn't gone through all of the hearing process, so -- De Weerd: And I think the point is by putting on the preliminary plat a condition, it would still have to come back, even the permitted uses -- Price: Yes. Meridian City Council June 28, 2005 Page 44 of 78 De Weerd: -- so that the neighbors would have an opportunity to see elevations, to see how things would align. Price: And, Madam Mayor and Mr. Wardle, I'm perfectly okay with that. Yes. So, there are probably a couple things. I completely support that, so the neighbors can see that, and Mrs. Sweet in this section below can see that there is fencing there to protect her, that Molly would have a chance to see the lighting is protected from, you know, their homes, and, then, I would just ask for you to consider page 99 as our reason for approval, so that we do not have page 95 limitations. Canning: Madam Mayor? The Comprehensive Plan test amendment specifically noted that no ancillary commercial uses would be appropriate with these -- within these residential designations. The findings that you have before you tonight do not support the applicant's request. They are only for that very limited number of approved uses that came to you from the Planning and Zoning Commission. I guess I should state that I'm -- I think that it would not be consistent with the Comprehensive Plan to allow the full range of L-O uses that are listed within the current zoning ordinance. Thank you. Price: Madam Mayor and Council, so I would ask Mrs. Canning, then, are you feeling that they would not have the option of doing it under page 99? Canning: Would you like me to answer that question, Council? Okay. I'm just trying to get the conversation going through you and I don't -- it didn't seem appropriate to go through him. I believe he's talking about the Comprehensive Plan text and I don't have a copy out right now, but whatever pages he's referring to wouldn't have the amendment text in there, so the office designation is only talking about a very limited number of places where we put that light purple on the Comprehensive Plan. Price: Madam Mayor and Councilmembers, I didn't know -- I'm sorry. Canning: And so I think that there is some confusion if you're only looking at the existing Comprehensive Plan, because we have not published a new Comprehensive Plan with that text amendment in it. But that text amendment was very clear that it was only for office uses and no ancillary commercial uses. And in the past you have not -- we have limited it to office uses for these things. De Weerd: Okay. So, what are you referencing? Price: This is part of that resolution that I pulled up from the computer from your date of December 14th, 2004. That's part of that resolution. I quoted the resolution is what I mean. De Weerd: Okay. I will go ahead and call a five-minute break, so that Anna can reference what you're talking about. We will reconvene at 9:20. Meridian City Council June 28, 2005 Page 45 of78 (Recess. ) De Weerd: Okay. I will bring this meeting back to order. I will, Anna, ask for your comments. Canning: Madam Mayor, Members of the Council, sorry for the initial confusion. I understand the logic the applicant is using now and let take a moment to explain that to you. As I spoke before, I talked to you about how there is actually a dual designation on the property of residential and public, quasi-public. When we wrote the staff report, in order to keep confusion to a minimum, the staff report really talks about the residential exception, the 3.0 acre residential exception, for a couple of reasons. It gets quite confusing talking about two Comprehensive Plan designations. The L-O -- the residential exception you have seen a little bit more and also it has a little more clearer language on it. What the applicant is asking is that instead of the residential exception, you consider the language that was added in the Comprehensive Plan text amendment regarding the quasi-public use instead. That one didn't have a size limitation. It talked about redevelopment or development of church properties or public, quasi-public uses, when it's been determined that that's not the best way to go or that that property won't be used for that use. And that's where the 95 versus -- page 95 versus page 99 come in. He was -- the pages refer to the Comprehensive Plan, but he is referring to our staff report, which references those pages. So, page 95 talks about the residential exception that's three acres or less. Page 99 talks about the quasi-public uses. And so let me read that text, since we haven't spent much time on -- on these kinds of exceptions, I'm going to read the added language a little bit. It says upon redevelopment of such properties, public, quasi-public, a change in designation and use may be appropriate. The redevelopment of this area should be gu ided by the intensity of the existing use, the underlying zoning of the property, the surrounding land uses, the location of the property, and transportation issues associated with the proposed development of the property. The appropriate land use designation and the accompanying zoning for these areas will be determine by City Council on a case-by-case basis. So, the question before Council is do you want to let it open to a number of commercial uses or do you want to limit those that would be normally allowed under the L-O zoning in general or do you want to limit it to the office uses and clinics and day care, as recommended by the P&Z, which would be more in keeping with the residential designation. If you decide to go with the quasi-public, we probably need to get you a new staff report and new findings, because, really, it's written more for the residential exception. Did that clarify things at all? De Weerd: It sure did, didn't it? It did for me. I'm sorry. Mr. Wardle. Wardle: Madam Mayor. So, Anna, the Planning and Zoning Commission discussion and the addition of the day care end of that was based on the residential qualification; is that what I'm hearing? Canning: To my knowledge. Now, I wasn't there for the hearing, but I'm not sure that this change in thought ever took place there. I think it was -- my understanding was that Meridian City Council June 28, 2005 Page 46 of78 the discussion was just about the residential exception and limiting the uses based on that. The day care is not really a retail use or commercial use, it's still somewhere between an office and a retail use. It's actually -- the industrial land classification doesn't have it as retail, it has it as a service organization, so -- De Weerd: Okay. Council, any information that you still need? Donnell: I'm totally confused, so I don't want anymore information. No more information. Rountree: I'm fine. I'm clear. De Weerd: Okay. I guess we always allow the applicant to have the final word. Did you have any -- and if you will, please, keep it brief. Price: Madam Mayor and Council members, I will keep it brief. Just to clarify that, we are simply asking -- there are two designations as property that make it zoned quasi- public and also residential. There are two different ways that this can be made limited -- made light office. One is through residential, which has its own specific limitations, and the other is through public, quasi-public, which is regular light office. We are asking that you do it based on the quasi-public. Thank you. De Weerd: Thank you. And the lower impact would be the residential exception. Canning: Yes, ma'am. De Weerd: Okay. Okay. Council, what would you like to do? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: If there is no further comments, I move that we close the Public Hearing on Item No. 21. Donnell: Second. De Weerd: Okay. The motion is to close on 21. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. De Weerd: Discussion? Rountree: Madam Mayor? Meridian City Council June 28, 2005 Page 47 of78 De Weerd: Mr. Rountree. Rountree: It's not often that we have a proposal brought to us that's somewhat speculative in nature and in my eight years off and on the Council I can only remember one and that one created a fair amount of havoc through the years and it's just some eight or ten years later that it's now actually being developed. [recognize at some point in time this piece of property will be annexed to the City of Meridian and it will be annexed with a known commodity. Not knowing what the future brings, other than speculation that it might be L-O, I'm not inclined to favor annexation of this piece of property at this point in time. De Weerd: Council, I don't know how many of you were on Council, but we have a similar issue right now, because we annexed without a plat, and it was on a corner and it certainly doesn't allow the public to comment and it just adds confusion. We annexed with a conceptual plan and it's really proved to be a bad choice. So, traditionally, the Councils of the past have asked the plat to come forward with annexation, that it gives the public an opportunity to comment and to know what they will be seeing and I guess after the one exception we made -- or one of the few exceptions that have made that's kind of shown why that that seems pretty wise. Okay. Council? Are you still on break? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: If there is no further comment or discussion, I move that we deny the request for annexation as outlined in Item 21. De Weerd: Okay. I have a motion to deny the annexation on Item 21. Do I have a second? Bird: Second. De Weerd: Okay. The motion is to deny the annexation on Item 21. Is there any further -- is there discussion? Canning: Madam Mayor, can I ask the attorney a question. Do they need to direct me to come back with different findings or-- Baird: Madam Mayor, Members of the Council and staff. No. Canning: Okay. Baird: On annexations it's totally a discretionary legislative act. They don't need to give a reason, although you do have one on the record. No findings necessary. Canning: Okay. Thank you, ma'am. Meridian City Council June 28, 2005 Page 48 of78 De Weerd: Okay. If there is no further discussion, Mr. Berg, will you call roll. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea. MOTION CARRIED: ALL AYES. Item 22: Public Hearing: AZ 05-022 Request for Annexation and Zoning of 1.3 acres from RUT to L-O zone for Touchmark Subdivision by Touchmark of the Treasure Valley - south of East Franklin Road and east of South Eagle Road De Weerd: Okay. Thank you. Okay. Item 22 has been requested to continue because of the public posting issue. So, I guess we would need to know the date to continue it to. Canning: Madam Mayor, I believe we decided July 12th was the appropriate date. Bird: You're going to open the Public Hearing, aren't you? De Weerd: I can't open the Public Hearing that's not been posted. Baird: Actually, Madam Mayor, Members of the Council -- let me jump in here. And what we'd like to do in these situations to avoid having to re-send the radius notice, for anybody who happens to be here, go ahead and open the hearing, acknowledge the flaw, and set it for a date certain on the record. De Weerd: Okay. Is there anyone here for this particular item? Item 22. Well, good. I'm glad not to disappoint you. Well, I will go ahead, then, and open the Public Hearing on Item 22 and, as requested, it needs to be continued, so the property could be appropriately noticed and the continuation date would be July 12th, 2005. Do I have a motion? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we continue item -- or Public Hearing AZ 05-022 until July 12th, 2005. Rountree: Second. De Weerd: Okay. Motion to continue 22 to July 12th. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. Meridian City Council June 28, 2005 Page 49 of78 Item 23: Public Hearing: PP 05-018 Request for Preliminary Plat approval of 16 building lots and 1 other lot on 6.26 acres in C-G and R-40 zones for Devon Park Subdivision No.3 by Fairview Lakes, LLC - 824 East Fairview Avenue: Item 24: Public Hearing: CUP 05-023 Request for a Conditional Use Permit to allow the Department of Motor Vehicles and a request for a Planned Development for a 16 lot office complex for Devon Park Subdivision No. ~ by Fairview Lakes, LLC - 824 East Fairview Avenue: De Weerd: Okay. Items 23 and 24 Public Hearing PP 05-018 and CUP 05-023. I will open these two public hearings with staff comments. Canning: Madam Mayor, Members of the Council, this is an application for both a Conditional Use Permit and a preliminary plat on Devon Park. The site is located as shown here. It's off of Fairview Avenue and North Lakes Lane. The entire property is shown here, although it has been subsequently subdivided. There are two parts of this application. One is for the preliminary plat, which is located approximately in this area. The other is for the Conditional Use Permit to allow the Department of Motor Vehicles to exist in the Hastings building. I'll just go ahead and kind of get that one out of the way. It's an office use. It's -- although it's generating a lot of traffic in that area, that parking lot seems to be able to accommodate it and staff is recommending approval of the conditional use. This is one of those that prompted us to, in the new ordinance, except out office uses, public office uses. Other public uses are difficult to anticipate what impacts they may have, but we felt in the ordinance that we could say that office -- public offices could be treated just like any other office, rather than having to go through a conditional use approval for a quasi-public use or public use. So -- and, then, that brings us to the plat. The plat is nearing accommodating some of the conceptual and final development plan that's already been approved on the property. It puts those lots - - or it puts those structures onto individual lots and accommodates the parking layout. There are 16 build-able lots and one other lot on 3.26 acres. It is currently rezoned C- G. And as I mentioned, these will accommodate relatively small office structures and the Conditional Use Permit is to allow the existing -- oh, I'm sorry. The square foot of commercial is 31 ,400 square feet. I do have elevations. There is the landscape plan. And this may start to look familiar to you. You have seen it a couple different times. De Weerd: Only a couple. Canning: Fourteen to 16, to be exact. These are the elevations. So, there you go. P&Z has recommended approval. The key issues of the discussion were the wattage of the lights to be used and the applicant stated they will be similar to Devon Park No. 2 and in compliance with the Public Works standards. So, to accommodate that they did modify condition number four of staff's original recommendation. The second issue of discussion was that the applicant was not eligible for a building permit prior to recordation of the plat. They were able to do that at the very beginning, because they had a separate parcel that did not have a building on it. But this is just a remainder Meridian City Council June 28, 2005 Page 50 of78 phase of that parcel and it is not eligible for a separate building permit. To our knowledge there are no outstanding issues, except we anticipate the applicant may bring up the question of the eligibility for the building permit again. And with that I'll end staffs presentation. De Weerd: Thank you. Any questions? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: Anna, is this going to be subject to -- hopefully our new ordinance will be in place, but, again, we have small subdivision lots and a future client who might want to consume two and build one building, bringing us back to where we were on another project similar to this a couple weeks ago. Where we went around and around trying to figure out how to do that. Is that going to be taken care of with the ordinance change or is there something written in this one that would allow that as it relates to the subdivision? Canning: Madam Mayor, Members of the Council, and Councilmember Rountree, I don't believe that this one addresses that and I'm not sure it could. But the new code does. We specifically made sure that there were provisions in the lot line adjustment section that you could reduce the number of lots in a plat. So, there are provisions in the new code to allow that. Rountree: Thank you. De Weerd: Okay. Would the applicant like to come forward? If you will, please, state your name and address. Engroff: Yeah. I'm Beth Engraff. My address is 5211 Barber Station Way, Boise, Idaho. De Weerd: Thank you. Engraff: And like I think it was pretty much stated, this is Devon Park Three and it is basically what we refer to as Office West and will pretty much mirror what we have started, which is four buildings on Office East, and will be 16 individual office buildings to be used for business. De Weerd: And it is behind Hastings? Engroff: Yes. This is located directly behind Hastings. De Weerd: Okay. Meridian City Council June 28, 2005 Page 51 of78 Engroff: And the DMV is on the west section of the Hastings building. So, a lot of -- like the streetway landscaping is already installed, along with the street lighting, because those were issues with the other Devon Park One and Devon Park Two that have been brought before. This, basically, just subdivides those into the different -- actually, 16 different lots. De Weerd: Okay. Council, any questions? Bird: I have none, Mayor. De Weerd: Okay. Engraff: Thank you. De Weerd: Thank you. Okay. Is there any further testimony on this application? Okay. Council? Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: Hearing no more testimony, I move that we close the Public Hearing on Items 23 and 24. Rountree: Second. Donnell: Second. De Weerd: All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: I move that we approve Item 23, PP 05-018, preliminary plat for Devon Park Subdivision NO.3 and to approve the findings. Donnell: Second. De Weerd: Okay. The motion is to approve Item 23. Anna, do we need to do anything about a building permit? Canning: No, ma'am. Meridian City Council June 28, 2005 Page 52 of78 De Weerd: Okay. If there is no further discussion, Mr. Berg, will you call roll. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea. MOTION CARRIED: ALL AYES. De Weerd: Thank you. Item 24. Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: I move we approve Item No. 24, CUP 05-023, Devon Park Subdivision No.2, Conditional Use Permit. Donnell: Second. De Weerd: Okay. The motion is to approve Item 24. Roll call vote. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea. MOTION CARRIED: ALL AYES. Item 25: Public Hearing: CUP 05-025 Request to modify the previously approved Conditional Use Permit / Planned Development to include changes to building elevations, parking area and amenities for Trov Place Subdivision by Pinnacle Engineers, Inc. - 1236 East 2 % Street: De Weerd: Okay. Thank you. Item 25 is Public Hearing CUP 05-025. I will open the Public Hearing with staff comments. Canning: Madam Mayor, Members of the Council, this is Troy Place and this is actually a request to modify a previously approved Conditional Use Permit for the planned development and primarily to accommodate the -- a change in the structure that they are proposing, which necessitated a change in the parking area and the amenities. It's located at 1236 East 2 1/2 Street. As you can see, it has residential properties around it. You can see the school across the street. Yeah. And, again, the aerial, it's a little difficult to see the property. I'll point it out. There you go. And, then, this is the site plan that the applicant is proposing. This is an existing triplex unit and you will see the parking that was approved. That really hasn't changed much. This is their turnaround. And, then, these are the two structures. I'm going to show you also the previously approved -- here is the two structures. One and two. So, there was one, two, three, four units. No garages. Parking out in front and a straight drive aisle. Same turnaround. Same triplex. So, the units that they are proposing, these are them. These are them. That's great. Meridian City Council June 28, 2005 Page 53 of78 De Weerd: These be them. Canning: It must be like 10:00 o'clock. Oh, a quarter to. Okay. These are the new elevations and you will note they have a garage on the ground floor. These are tandem garages, so they go the full breadth of the building, and, then, the units go up above that. It's not divided straight vertically. I believe that front half is one and, then, the second in the back half is the other unit. But the garages do go the full length on each one. This would be the rear elevation. So, these, actually, face east and west. And this is the south elevation. And I think the north also. These were the previously approved units. In the two stories there was -- there was discussion at the previous hearing by the property owner to the south about the number of windows facing his property. In the new one there are no windows. When this came through I couldn't, in my head, see that this was the same thing that Planning and Zoning and the City Council had approved. The units were just so drastically different and their relationship to the surrounding properties, that I felt it was necessary for them to come back to you and that's why it's before you today, so -- the gross density is 15.06 units per acre. That's also the net density, because there is no road constructed with this. That has not changed from the initial conditional use application. The applicant is, however, requesting reduced building setbacks of seven feet on the side, five -- and currently five feet per story is required, ten feet in the rear, and, then, 15 is required and 25 feet in the front and currently we only require 20. There would also be -- I should point that out as part of the site plan -- there is also parking in front of the tandem units, so there would be guest parking in front of the tandem units as well. And I believe there is some guest parking in this area also. There is two or three spaces there. So, it does provide more - - it does provide garage parking and it does provide some guest parking. The garage parking was not in the previous approval. The P&Z has recommended approval with conditions and they heard it on their June 15th hearing. They changed the recommendation regarding construction of a new fence along the north property line and, basically, the changes to the fence were just to accommodate the two large existing trees. And I do have a photo of that as well. You can see those large trees going along that fence line there. And so instead of just a fence, it was a combination of fence and shrubs to accommodate van access from this -- the gentleman that lives here is -- does require a handicapped van and I think he needed some additional -- just access room in this area. So, the fencing proposal accommodates his needs. Megan Leatherman and Michael Morrison did speak in favor of the applicant at that hearing. To my knowledge there are outstanding issues before Council. De Weerd: Anna, can you go back to the site plan or that -- what all is landscaped? I'm sorry, I didn't wear my glasses. Canning: The landscape -- there is a narrow strip that comes up here along -- this is pavement and, then, you get pavement going in -- these are, basically, the driving surfaces. De Weerd: Is there any green in the front? Meridian City Council June 28, 2005 Page 54 of78 Canning: Yeah. This is all green. De Weerd: I mean in front of the buildings. Canning: In front of these? De Weerd: Uh-huh. Canning: No. I don't believe so, unless there is some small planter. But I don't believe that there is. De Weerd: So, you're just going to drive and see pavement and garages? Canning: In this area, yes. And there is green just around the -- around the perimeter of it. De Weerd: I guess it's tucked back behind the road. Donnell: Madam Mayor? Canning: Sometimes in situations like this we will see a very small planter island between the two garage faces, but generally they are not wide enough to really support decent plant growth, to be honest. De Weerd: Okay. Thank you. Any questions from Council? Donnell: Madam Mayor? De Weerd: Mrs. Donnell. Donnell: I guess the question -- and maybe this will be when the applicant speaks -- is why the necessity of the change? I guess I just don't understand why they changed it. So, we will wait until the applicant comes and we will ask that question. De Weerd: Okay. I would agree with you. Would the applicant like to come forward? If you will, please, state your name and address. Leatherman: Megan Leatherman. 12552 West Executive. De Weerd: Thank you. Leatherman: Madam Mayor, Council Members, thanks for your time tonight. I'm just going to touch on a few things and, then, answer your questions. First of all, we did hold an additional neighborhood meeting when that application -- we decided to redo the application and one of the concerns with the design was the south boundary, having those windows facing their property, because they are single family homes right there, Meridian City Council June 28, 2005 Page 55 of 78 and we decided that after talking with them, that we wouldn't put windows there, because that's what they preferred. And, then, additionally -- Anna, could you go to the site plan? I'm sorry. On the northern boundary she mentioned an agreement that actually changed from then. When we met with Stevens, the property owner on the north, he requested that we actually continue the fence on, but that at the large tree it would taper down to about four feet and, then, to three feet as it got close to the road. He said that -- and his caretaker said that this would allow them maneuverability, but also kind of give them a little bit more privacy from neighbors coming over there. So, yeah, about 15 people showed up to the meeting and everyone seemed pretty pleased with it. It's kind of a mixed area with uses. To the south is also a commercial use of salons there and across the street is a gymnasium of the school that is planned to be built there. That just went through in the last P&Z meeting at the same time we had this P&Z meeting. And, then, on the east boundary there is also multi-family units that border there as well. So, it's definitely a transitional area, but we do feel that this use fits this site really well and necessarily a single family use wouldn't be as successful here, because it is by the commercial and the heavier uses. And you were asking -- okay. The question why we changed it to switch the design from the previous layout. Okay. There was a couple of reasons for that. There were a lot of concerns with the neighbors about the parking in the area and they -- that came up a lot in the previous CUP and they were also going to keep a garage on the north of that triplex and, then, there would actually be a lot more traffic closer to that property line as well, so we felt that -- that having the extra garages on the units provided more parking and removing that garage there kind of was a better suit for this and that's why we had to orient the buildings around, too. Does that make sense? I'm sorry. One of the concerns of the people who came to the P&Z meeting, neighbors, Mr. Morrison, we worked with him, but he had -- one of his concerns was parking and so this design was really suitable for him and we thought better for the site. De Weerd: So, what did you gain in parking, then? Leatherman: Well, we gained -- not having to do as much parking in the front -- can you pull back to -- in not having to do parking -- we didn't really gain numbers, but we gain the area of parking that was exposed more and, see, the north there, that whole property line was exposed just to parking and now more of the space is used in other ways instead of parking. Since it's underneath the units, they can have a little bit more open space. We are going to be able to have a picnic area -- well, that's not going to be there anyways, but -- De Weerd: So, you did gain open space? I mean grass open space, not just pavement? Leatherman: Will you turn it back, Anna? I'm sorry. We gained over there on that -- on the northern property line and there was a lot more asphalt right here and the parking right here. Instead it's in between these units. This is the drive aisle and now there is open space here and more of the parking is centered here. The open space before was right here. A little bit over -- so, It provides more open space on the northern boundary. Meridian City Council June 28, 2005 Page 56 of78 De Weerd: Okay. And I guess to kind of elaborate on Councilmember Donnell's question, you have explained some of the reasons to change it, but, then, the decrease setbacks, why that? Leatherman: Well, actually, the setbacks we are actually asking for less of a reduction from previously. Our setbacks. I'm not positive what they were before, but we are actually having more of a setback. I don't know if you could -- Anna, do you know? I'm sorry, I don't -- see if I can look in my file, but it might take me a minute. I know Craig brought that up, too, in the P&Z hearing, so maybe it's in the minutes from the P&Z hearing. Canning: Madam Mayor, if you would like me to address that I can. They were previously approved for reduced setbacks, but their request still was, as I understand it, that it -- that the 20 foot front, ten foot rear, and seven foot side along the north and, then, ten foot side on the south, not per story. So, the three -- the five feet per story would require a 15 foot. Leatherman: Okay. That's the same as the last time. De Weerd: Council, any further questions? Bird: I have none, Mayor. De Weerd: Thank you. Leatherman: Thanks. De Weerd: Is there any further testimony on this application? Yes, Clair. Bowman: My name is Clair Bowman, 4400 West Legacy Lane, Meridian. I am here as the administrator for the Meridian Development Corporation. I come without any official guidance from the board. I did not realize this item was on your radar screen until about two weeks ago, after the most recent MDC board meeting. So, we had not had a chance to meet formally on this item. I have conducted a discussion with the board chairman and with legal counsel. We are in the process of working out how I provide comments on projects like this to the MDC board, because of the presence of two city council members on the board and not wanting to engage them in exparte communication. So, we have not had a conversation, other than with one board member. But there are a couple of items here that warrant comment and what I'm going to provide you is what I would provide the MDC board as comments as well. One of those is supporting the provision of additional urban housing, whether or not you appreciate the style of one of those versions versus the other, having additional high density urban housing in the core area of the urbanized -- of the city is, indeed, an item that I would recommend the support of you in particular and of the MDC board more generally. The second is to recognize that there is an issue here that is touched on in Meridian City Council June 28,2005 Page 57 of78 the downtown Meridian transportation management plan, but has not been addressed formally by MDC and I don't think by the Mayor and Council. That is the future extension of 3rd Street to the north as an alternative. I n the event that 3rd Street is extended, my understanding from conversation with ACHD last week was that it would require the acquisition of one of the buildings, eastern most building on this site. And that right now there is only one house blocking the access from the current alignment of 3rd Street all the way through to Fairview. That is an issue you can't do anything about, because you have already approved the Conditional Use Permit. My purpose for commenting on it tonight is simply to put items like that on the radar screen for future consideration and that would be the extent of my comments. I would certainly be open for questions if you have them. De Weerd: Any questions for Clair? Okay. Thank you. Okay. Is there any further testimony on this application? Would the applicant like to have a final word? Leatherman: 3rd Street -- De Weerd: If you will just restate your name. Leatherman: Sorry. Megan Leatherman. De Weerd: Thank you. Leatherman: This street here does not go all the way through to Fairview. Is that what - - is what I understand what he was saying. Was that it would connect through to this -- 2 1/2 is the only street that goes all the way through. De Weerd: I think what they are looking at is there is a stub that is not shown on this to the south of the road and they are trying to connect it up to Fairview. Leatherman: Okay. De Weerd: Megan, can you tell me what is north of that piece of property, other than that one house? What is that? Is it all vacant? Leatherman: Pretty much. There is some, I believe, mobile homes over here. De Weerd: Okay. So, what is the neighbor that doesn't want windows? Leatherman: Mr. and Mrs. Rhodes. They, actually, came to testify and -- De Weerd: And where are they? Leatherman: I believe this is them here. One of these two. This one. De Weerd: So. up on that road, then? Are they a distance from that property, then? Meridian City Council June 28, 2005 Page 58 of78 Leatherman: Yeah. I mean I don't know how far they are, but this is the salon. They were just concerned with the fact the people could look into their property and they testified at the initial CUP -- when it was initially approved they testified against it. De Weerd: Okay. Thank you. Okay. Council. I have already asked if there is further testimony. Donnell: Madam Mayor? De Weerd: Mrs. Donnell. Donnell: I'd like to -- hearing no further testimony, I'd like to make a motion that we close the Public Hearing. Bird: Second. De Weerd: Okay. The motion is to close the Public Hearing on this item. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. Donnell: Madam Mayor? De Weerd: Mrs. Donnell. Donnell: I'd like to make a motion that we approve CUP 05-025, the request to modify the previously approved Conditional Use Permit, since it's already been approved once and this is coming back and I can't see that there is any necessarily dramatic changes that we affect either the neighborhood or what they are doing and I can't imagine at what point that 3rd Street would go through there, I would just make a motion to approve this. Wardle: Second. Bird: Second. De Weerd: Okay. Motion to approve Item 25. Is there any further discussion? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: Although I probably will vote in the affirmative on this particular item, if there is ever going to be an item that's going to move me to support design review in the city of Meridian, this will be one that can. Meridian City Council June 28, 2005 Page 59 of78 Donnell: No kidding. De Weerd: Amen. Donnell: Madam Mayor? De Weerd: Mrs. Donnell. Donnell: I'd also like to say that I certainly do like the fact that -- I mean this is what I see as being in-fill. This is taking use of some property in the middle of our town and providing housing for folks, so they can enjoy the center of our city, so -- thank you. De Weerd: Well -- but I agree with Councilman Rountree. We have to encourage in-fill, but it doesn't mean that it should look -- anyway. We get it. So, is there any further discussion from those that can vote? Mr. Berg, will you, please, call roll. Berg: Madam Mayor, could I ask a question of the planning director if these findings that are prepared meet the intent of the Council's motion. Canning: Madam Mayor, yes, I believe they do. The fire marshal was talking to me during the fence discussion and I just wasn't clear if I needed to change the condition of approval on the fence regarding the northern fence. Okay. So, the findings you have -- Donnell: So, the maker of the motion needs to include also the approval the Findings of Facts and Conclusions? Berg: Yeah. Canning: If you would like. Donnell: I certainly do make that amendment to my motion. De Weerd: Does the second agree? Wardle: Second agrees. De Weerd: Okay. Berg: Madam Mayor, I'm sorry for that -- De Weerd: No. I appreciate the clarification. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea. MOTION CARRIED: ALL AYES. Meridian City Council June 28, 2005 Page 60 of78 Item 26: Public Hearing: PP 05-011 Request for Preliminary Plat approval of 12 building lots on 4.31 acres in a L-O zone for Julie Subdivision by Paramount Development, Inc. - northeast corner of North Linder Road and West Cayuse Drive: Item 27: Public Hearing: CUP 05-013 Request for a Conditional Use Permit for a Planned Development with reductions to the minimum requirements for street frontage and building setbacks for Julie Subdivision by Paramount Development, Inc. - northeast corner of North Linder Road and West Cayuse Drive: De Weerd: Okay. Items 26 and 27. Certainly, we appreciate your staying to the very end. I will open the public hearings on PP 05-011 and CUP 05-013. Open the Public Hearing with staff comments. Canning: Madam Mayor, just for the record, we do not put Mr. Turnbull onto the end of the agenda on purpose, it just happens that way. This is Julie Subdivision. De Weerd: I guess someone has to be last. Canning: It's located on the northeast corner of Linder and Cayuse Drive. It is an application for a preliminary plat, Conditional Use Permit, for a planned development. There is our site. Currently zoned L-O. This is one of those plats that really makes a lot of sense when you see it, so we will go down to the planned development. The proposal is for 12 office lots on 4.31 acres in the L-O zone. The square footage of commercial is 41,760 in those 12 buildings. I have elevations. The P&Z has recommended approval. They heard it on June 2nd. The key issues of discussion were the need for cross-access easements for interior lots with no street frontage. So, just to add a general cross-access condition of approval for basically everything except these two lots in front. They also talked about perimeter setbacks and the applicant has already submitted a revised layout that meets the appropriate setback. The Commission changed condition number 16 also to address that issue. And the applicant -- no. There was one letter -- no one testified against it at the hearing, but there was one letter from a Lochsa resident that was put into the record and it was complaining about traffic impacts on the surrounding properties. So, other than that one letter there are no outstanding issues before Council. De Weerd: Okay. Any questions from for staff? Donnell: No. De Weerd: Would the applicant like to comment? Since you stayed here all this time, I'm sure you have something profound. Meridian City Council June 28, 2005 Page 61 of78 Turnbull: I look at this as an opportunity, being last on the agenda, to take a look at a whole lot of ugly stuff. De Weerd: Okay. With that said, your name and address. Turnbull: I don't know if I want to now. David Turnbull, 12601 West Explorer Drive in Boise. De Weerd: I'm in complete agreement with you, by the way. Turnbull: I have nothing to add, really, to Anna's staff report. The elevation that you showed, though, is the Heritage Commons elevation, not the Paramount elevations. Canning: Did we provide the wrong one? Turnbull: That's the Paramount elevation. Canning: So this one's incorrect? Turnbull: That's Heritage Commons. Canning: Okay. Turnbull: Little bit different style. But we think it looks good. Rountree: Very nice. Turnbull: I'll stand for any questions. De Weerd: You scored on that one. Okay. Any questions for Mr. Turnbull? Thank you. Is there anyone who would like to provide testimony on this application? Okay. Hearing none, Council? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: If nobody wants to talk anymore, I move we close the public hearings PP 05-011 and CUP 05-013. Rountree: Second. De Weerd: All in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. Meridian City Council June 28, 2005 Page 62 of78 Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve PP 05-011 and I believe that includes the Findings for Julie Subdivision by Paramount Development, Incorporated. Rountree: Second. De Weerd: Okay. The motion is to approve Item 26. And 27? Bird: Beg your pardon? Rountree: Did you move on 27? Bird: Don't they go together? I'd just as soon do it separate. De Weerd: Separate? Okay. The motion is to approve Item 26. Mr. Berg. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea. MOTION CARRIED: ALL AYES. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve CUP 05-13 for Julie Subdivision by Paramount Development, Incorporated, and include the findings. Rountree: Second. De Weerd: Okay. The motion is to approve Item 27. Mr. Berg, will you call roll. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea. MOTION CARRIED: ALL AYES. Item 28: Ordinance No. 05-1161 AZ 05-011 Request for Annexation and Zoning of 6.26 acres from RUT to R-8 zone for Lvndhurst Grove Subdivision by Highland Development, LLC - 2820 West Pine Avenue: Item 29: Ordinance No. 05-1162 AZ 05-010 Request for Annexation and Zoning of 4.63 acres from RUT to L-O zone for Wvndstone Place Subdivision by Quasar Development, LLC - 1151 South Wells Street Meridian City Council June 28, 2005 Page 63 of78 Item 30: Ordinance No. 05-1163 : RZ 05-004 Request for a Rezone of 2 acres from I-L to C-G zone for Jackson's Food Store by Jackson's Food Store, Inc. - southeast corner of North Eagle Road and East Pine Avenue: Item 31: Ordi nance No. OS-1164 : AZ 05-003 Request for an Annexation and Zoning of 76.72 acres to a R-3 zone for Kinasbridae Subdivision by Vision First, LLC - 4070 South Eagle Road: Item 32: Ordinance No. 05-1165 Amending Title 12, Chapter 13, Section 7-8 Regarding Landscaping Mulch and Title 12, Chapter 13, Section 7-13(B) Regarding Water Efficiency for Landscape Mulch: De Weerd: Okay. Items 28,29,30,31 and 32. If there is no reason to otherwise, I will ask the clerk to, please, read these items by title only. Baird: Madam Mayor? De Weerd: Yes, Mr. Baird. Baird: I think I know what you meant with your last comment, did that include the request of the audience to see if anybody wants to have any of them read in full? De Weerd: I will ask that after he reads them by title only. Baird: I'm sorry, I'm gumming you up tonight, aren't I. So, my apologies. De Weerd: I'm paying attention on this. Baird: We've had way too many of them on the agenda. Berg: Thank you, Madam Mayor, Members of the Council. Ordinance 05-1161, an ordinance Undhurst Grove Subdivision for property located at 2820 West Pine Street, east of Ten Mile Road in Meridian, Idaho, Section 11, Township 3 North, Range 1 West of the Boise Meridian, Ada County, Idaho, as described in the Attachment A and annexing certain lands and territories situated in Ada County, Idaho, and adjacent and contiguous to the corporate limits of the City of Meridian, as requested by the City of Meridian, establishing and determining the land use classification of said lands from RUT to R-8, Medium Density Residential 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 this ordinance and providing for a waiver of the reading rules and providing for an effective date. Berg: Ordinance 05-1162, an ordinance Wyndstone for annexation of the property located in the southeast quarter of Section 17, Township 3 North, Range 1 East, Boise Meridian City Council June 28, 2005 Page 64 of78 Meridian, Ada County, Idaho, as described in the 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 to L-O, Limited Office, 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 this ordinance and providing for a waiver of the reading rules and providing for an effective date. Berg: Ordinance 05-1163, an ordinance finding that Jackson's Food Store and the owner of certain real property have made a written request for rezone of the zoning classification for real property located in the southeast corner of Eagle Road and Pine Avenue, south one half of Section 9, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, as described in the Attachment A of this ordinance and rezoning certain lands and territory situated in Ada County, Idaho, and within the corporate city limits of the City of Meridian and rezoning the land use zoning classification of said lands from l-L, Industrial, to C-G, General Retail, and Commercial in the Meridian City Code, providing that copies of the 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. Berg: Ordinance 05-1164, an ordinance Kingsbridge Subdivision for property located within a portion of the south one half of the northwest one quarter and the north one half of the northwest one half of the southwest one quarter, Section 28 -- did everybody follow that? Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, as described in the Attachment A and annexing certain lands and territory situated in Ada County, Idaho, and adjacent and contiguous to the corporate city limits of the City of Meridian, as requested by the City of Meridian, establishing and determining the land use zoning classification of said land from RUT to R-3, Medium Density, 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. Berg: Ord inance 05-1165, an ordinance amend ing Title 12, Chapter 13, Section 7-8 regarding landscaping mulch and Title 12, Chapter 13, Section 7 -13B regarding water efficiency for landscape mulch of Meridian City Code and providing for a waiver of the reading rules and providing an effective date. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Have you asked already if somebody wants to hear this? Meridian City Council June 28, 2005 Page 65 of 78 De Weerd: No, because Mr. Berg just stopped talking. Bird: Okay. Hurry up and ask and, then, I will pass all five of them. De Weerd: You have heard Items 28 through 32 ready by title only. Is there anyone who would like to hear them read -- any or all of these read in their entirety? I'm more asking the gentleman behind you, Clair. Okay. Mr. Bird. Bird: Madam Mayor, I move that we approve 05-1161,05-1162,05-1163,05-1164, and 05-1165, with suspension of rules. Rountree: Second. De Weerd: Okay. The motion is to approve Items 28 through 32. If there is no discussion, Mr. Berg, will you call roll. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea. MOTION CARRIED: ALL AYES. Item 33: Discussion of Public Parking and Right of Way Vacation: De Weerd: Thank you so much. Okay. Item 33. I will ask Mr. Bowman if he could introduce this item. Bowman: Clair Bowman, 4400 West Legacy Lane, Meridian. I'm here as the administrator for the Meridian Development Corporation. I have had two hours during which I could have gone home and gotten the graphic that I forgot, but it was only about three minutes ago that I realized I didn't have it when I opened up things, so I rapidly sketched one that Anna will be placing up here on the overhead shortly. We are talking about the block bounded by the railroad on the south, Broadway on the north, Meridian Road on the west, Main Street on the east. That block is split by a 16-foot right of way or an alley on an east-west alignment. There is an old railroad line running down through that, through part of it. And there -- the city has, I think, an eight-inch line under -- sewer line under that as well. In addition, the parcel that's identified here as Creamery B, consists of nine individual lots in the original town site plat. In the title search for this, it was discovered that when Railroad Avenue on the south of this was abandoned back in '29 or '39, one of those times, the city, then, placed an easement -- De Weerd: Keith's the only one that could remember that. Bird: No. No. That's before my time. Bowman: The city, then, placed an easement for 16 feet on the north end of those nine lots. So. in addition to the 16 feet that are reserved for the alley, and which ACHD Meridian City Council June 28, 2005 Page 66 of78 claims as its property, there is another 16-foot easement right across the north half of these -- or the north end of these nine lots. In the same title search it was discovered that the parcel on which Zamzow's sits there is an 18-foot easement on the north half of the five lots, I think it is, that make up the Zamzow's parcel. We had a meeting recently of the principals in RSCI, which is the company that has the option to purchase the creamery. That option was supposed to have been triggered last Friday. They have extended their option for 30 days, because in part of wanting to be certain we get this title cleared up and get the process started for a vacation on this property. In the same meeting we had Dave Buich and Greg Hall representing the property that you see labeled as Buich and Hall on the northeast corner of this block and they have contacted Jim Zamzow and had spoken with him prior to our meeting. They would jointly like to request that the alley be vacated and that the easements on the north side of Lots 1 to 14 -- I think that's the numbering of them in the original town site plat -- be vacated as well. They would like to have -- the situation they would like to have happen is that 16 foot right of way that's identified already, be divided equally and shared with the properties on the north and south. That would be this right of way through here would be split into two eight foot strips and it would, then, be attached to the properties adjacent to it. So, the City of Meridian would pick up an additional eight feet on the south end of its property right here, Buich and Hall would pick up an additional eight feet there. Zamzow would get eight feet on the -- additional on the north of his property. And this could effectively become one parcel. In addition, they would like to request a vacation of those original city easements for -- dedicated for streets on both the Creamery B and the Zamzow parcels. I have spoken with two of the Ada County Highway District commissioners on behalf of this issue, they have indicated that the way for that to happen is for the city to agree to this and request the Ada County Highway District to initiate the process. Ted has been exploring the details of that and I think will fill you in on what that request needs to say. I think I'm right in that, that you will be prepared to do that. So, that's the first item for the discussion tonight. Then, I have a second as well relating to the City of Meridian parcel. It was Lots 1 through 15 on the south. Zamzow's has the original Lots 10 through 15 on their parcel. And the easements -- none of the easements are shown on this map. This is a 1959 map that Lila Hill found for me and we are going to copy that, so we have it as part of what we can provide to our RSCI to help with the work on that site. De Weerd: Are you sure it wasn't older? I think she had it on deer hide. Bowman: Is this my copy, then? I think this is her original. Berg: Yes. Bowman: I'm supposed to get it copied and I was going to bring it to Brad tomorrow to see if we could figure out a way to get it copied or if I just need to take it down to get it copied. So, the first request is that the city initiate the process of requesting the vacation of these alley rights of way. Madam Mayor, do you want me to stop there and have a discussion about it or do you want me to go ahead with the other item first? Meridian City Council June 28,2005 Page 67 of78 De Weerd: Why don't we first have any questions. Rountree: Madam Mayor? De Weerd: Yes, Mr. Rountree. Rountree: Clair, you mentioned a city line through there, sewer or water or -- Bowman: City sewer line. Rountree: So, what happens to that? It has to be relocated? Bowman: That would be relocated at the expense of the developer -- of the land holders. The two developers are prepared to undergo that expense. Rountree: Madam Mayor, if I might follow with a question to the Public Works director. Is that reasonable -- a reasonable expense on the part of these folks or is there a considerable effort involved to do that? Watson: Madam Mayor, Council members, Councjlmember Rountree, according to the map that we have here, it looks like this line serves Zamzow's, what was formerly the Shell station, as well as a four inch service that crosses over to Frontier Tire. So, it is an active line. I'm not sure where we would move it to. This is the first I have heard of this, so -- Bowman: I forgot to touch a base. Watson: We are probably limited on sewer. There is one south of the railroad tracks in Bower Street, which anytime you bore into a railroad that's a significant cost. The next one north is the alleyway behind City Hall right back here. Bird: They don't flow uphill. Watson: And I haven't checked elevations. I don't know. De Weerd: I guess it would matter if they are going to build a building on it. Watson: Yes. Bowman: Madam Mayor, Members of the Council, the folks from RSCI indicated that they have no plans to build a building over that. We did not talk about the possibility of leaving it there. I didn't talk in detail with them about what their options were for moving it. I anticipated that they were going to contact Brad to talk about that and I'm a little surprised that hasn't happened yet. Although I know Zeek Johnson and Dave Buich are both out of town most of this week. That may be why they haven't done that yet. Meridian City Council June 28, 2005 Page 68 of78 Rountree: Well, Madam Mayor, I don't intend to engineer that this evening, but that's an issue that needs to be resolved, I think, before we move forward. Bird: Madam Mayor? De Weerd: Yes, Mr. Bird. Bird: Mr. Clerk, on our property do we not have to have two exits, entrances, and that was -- which nobody knew until the other day, that was a federal grant that got that property. Is there any strings attached there? Berg: Madam Mayor, Councilman Bird, I'd like to say before me, but I think it was finishing up during me. ['m not sure what type of grant it was. Clair and I were talking about that. I'll have to dig up some old records. I thought part of the condition for that parking lot because we couldn't turn around very easily there, that we had two entrances, the alleyway and Broadway. But I will have to look. That was a joint grant that did both parking lots, the one on Broadway and the one on Pine. But I will have to research that out a little bit more. Wayne Forrey did administer that grant for the city. De Weerd: Okay. Bird: Thank you. De Weerd: Okay. Any other questions on the vacation? Baird: Madam Mayor? De Weerd: Mr. Baird. Baird: And Members of the Council, I want to -- just to make a couple of comments here about the extra 16 feet that's been referred to as an easement. I have the document here and it was, actually, deeded to the village of Meridian as a right of way to be a public street, so it's not just an easement, it's dedicated as a road, and the research I have done, if it's a right of way, we can't sell, we can't give it away, they can't adversely possess it and ACHD claims exclusive jurisdiction. So, ACHD has to be the body that's going to vacate it. I think this is being presented to you tonight mainly for information only. There is a process, of course, this would go through, they will have to make application to Planning and Zoning Department, the Planning and Zoning Commission will consider it and make recommendations to you and that would include probably the information -- if it includes the Zamzow's portion, it would include what restrictions we have on our parking lot. So, all would be packaged up and brought back to you later for deliberation and a decision. So, I would advise you against proceeding much farther tonight. De Weerd: Thank you. Meridian City Council June 28,2005 Page 69 of78 Bowman: Madam Mayor, may I ask Ted a question -- in this case Mr. Baird. You have added a wrinkle to this tonight that adds significantly to the time dimension over what I was prepared after my earlier conversation with Mr. Nary. So, your understanding or recommendation here to the Council is that this can only come to them from recommendation from the Planning and Zoning Commission? Baird: Madam Mayor? De Weerd: Yes. Baird: Would you like me to answer that question? De Weerd: I would really be curious myself. Baird: Okay. Madam Mayor, Members of the Council, in my research of our code this week and, you know, what the process is, I came upon the procedure for requesting a vacation and it is, indeed, sort of a recommendation that we make as a city to ACHD and, unfortunately, the Sterling code link has been down all week, so I had to look at an old printed version of the code and I want to have Anna chime in here if she knows anything different on the procedure, but the procedure that I read from the old printed version state application, Planning and Zoning Commission, recommendation to you, and final recommendation from this to ACHD. That's the procedure, as I understand it. Canning: Madam Mayor, Members of the Council, that's correct. The one -- it is not a Public Hearing before the Planning and Zoning Commission, so that's the one good news for tonight, Mr. Bowman, but -- so it just -- it could go a little -- it wouldn't take a full six to eight weeks to go up to the Planning Commission, we could do it sooner than that. But it does require a recommendation by them before it comes to you for approval. We are probably talking about five to six weeks, maybe four if we hit all the time lines correctly. Bowman: I need to let a couple of developers know yet tonight, probably, because they were anticipating some action tonight. Okay. May I, then, go on, Madam Mayor, to the second item? The developers for the -- the folks who hold the option on the creamery property at this point have talked conceptually with me and met with the owner participation agreement subcommittee of the MDC board last week to talk about this in greater depth. That consists of Chairman Craig Slocum, Vice-chairman Clarence Jones, Counsel Ryan Armbruster, and myself as the committee to hear these discussions and ultimately take recommendations back to the MDC board for potential action. The discussion is that the developer here would like to carve off some additional land on the east portion of what's labeled here as Creamery A, transfer title of that somehow to the City of Meridian or to the Meridian Development Corporation and, then, consider a parking structure of approximately four stories to be constructed on that site. They are looking at the financial implications of that right now. Clarence Jones, on behalf of the MDC OPA subcommittee did some initial calculations that indicate it might even as much as carry itself, based upon some of the assumptions he was making for Meridian City Council June 28, 2005 Page 70 of 78 the financing in there. Right now that would be a joint effort of Buich and Hall team and the RSCI team to construct that, with MDC ownership or participation, however that gets worked out in details. What that allows is for this property, which currently has a relatively narrow, long building approved on it, at a three-story height, to have a substantially larger footprint and to go up at least one more story. There would be some additional amenities in terms of a small sitting area park that Mr. Buich and Mr. Hall talked about the other day as part of what they would agree to put into that in addition. That triggers the issue and this is the second question I had for the Mayor and Bill Nary the other day, is who should be in the parking business in the City of Meridian. Should it be the city itself, which currently holds title to that parking lot and does the maintenance on it, or should it be the Meridian Development Corporation in the downtown urban renewal area. Our discussion led to the potential conclusion that it should be the Meridian Development Corporation. That is a part of what the Council expressed in its resolution of formation of the Meridian Development Corporation. It is a part of what has been anticipated in the economic feasibility study and in the marketing strategy. We anticipate there would be more specifics added to it as we develop a master plan, but for the moment it appears that both the Meridian City Council and the MDC board are moving in a direction that would assign responsibility for constructing and maintaining parking to the Meridian Development Corporation owning it and things like that. Police power, however, for enforcement of any rules that would be made about that has to rely with the city. MDC as no police powers. That would entail some kind of written agreement between the city and the MDC board ultimately to provide policing authority for the parking. This would be the first issue and that is potentially transferring title to that property to the Meridian Development Corporation, provided that it does not violate any of the provisions of the grant with which the land was purchased in the first place. So because of the uncertainty about that grant, we are not prepared to ask for any action on this tonight and I have not met with either Mr. Baird or Mr. Nary on what is the procedure we have to go through to make that happen, but in the event that the Mayor and Council concur with the notion that parking becomes an MDC maintenance and provision function, rather than for the city, this would be one of the first lots we would look at to ask you to transfer title. And, Mr. Baird, I presume you have some background on how that would have to happen. De Weerd: Mr. Baird. Baird: Madam Mayor, Members of the Council, Idaho Code Chapter 50, Title 14, sets forth the provisions on which we can convey real property that's owned by the city and one of the subsections in there does allow us to transfer it to other governmental entities at -- for no compensation, if you find that it's in the best interest of the citizens to do so. It would require a resolution of the declaration of intent to convey the property, followed by a Public Hearing, followed by another resolution directing the Mayor to execute the deed. So, it's at least a month process to get the notices out, have the hearing, and transfer the property, but it's definitely allowable by code, if that's the direction that you want to go, but to make clear, we are not talking about handing this over to a private entity, it's government to government. Meridian City Council June 28, 2005 Page 71 of 78 Canning: Madam Mayor? De Weerd: Anna. Canning: On the -- I'm sorry, I just skipped ahead with out realizing it. I was going to comment on the portion that the current -- the RSCI wants to donate for the purpose of the parking structure. We do need to have to legal mechanism for them to divide that off, but they do have a number of the original platted townships, so it appears that the city owns most of the lot -- or of Lot 22 and a portion of Lot 23. So, depending on where that line, Mr. Bowman, you just need to do a lot line adjustment for what they want to do, unless it's all of Lot 23, then, there is no problem. But if it's a portion of one of those original town plots, then, for the remainder of Lot 23 I would say the -- Bowman: Madam Mayor and Anna, I believe it's the rest of the partial lot and one additional lot in the original plat that they are talking about at this point. Canning: If it's their -- if that is the case, then, you don't need to do a lot line adjustment, it would just be if it got to be a portion of another lot other than 23. De Weerd: Mr. Wardle. Wardle: Madam Mayor, these are certainly technical details that I think can come back to us in a concept plan. I have said it before and I'll say it again, that I believe it is the purpose -- should be one of the most important purposes, if not the most important purpose for the MDC to provide public parking and so in that concept I agree, one of the things that I will say is that it's important to realize that that needs to be public parking. I will also add an additional comment and is if Clarence Jones can -- has a formula that says that this parking lot will carry itself, then, I know why he is in the position he is as a professional, because that is -- would be and should be and is an amazing feet and if it could happen it would be wonderful. Bird: CCDC would love to have him come over. Wardle: Yes. De Weerd: So, what do you need from us, Clair, from Council tonight? Bowman: I -- Madam Mayor, I believe what the developer would appreciate is some notion of what the sentiment of the Council would be given what you have heard now, especially with regard to the parking. Is that a comment that is likely to be shared by other folks when it comes to a point action. I don't know how far you can go in that explanation right now. I suspect it's not terribly far. Baird: Madam Mayor and Members of the Council. De Weerd: Mr. Baird. Meridian City Council June 28, 2005 Page 72 of78 Baird: I would advise caution. Mr. Bowman's in a difficult position here. He's trying to move this option along into a confirmed deal, but you're in a position that you have notice and hearing provisions that you need to follow. So, you know, give him what signals you can, but I'd advise against much more deliberation. We will have a full and complete hearing on the record down the road. Bowman: Thank you all. I appreciate it very much. De Weerd: So, Clair, are you clear on the steps that are going to be needed for -- for what you came here tonight? Bowman: I am clear, Madam Mayor, that I need to get with Mr. Baird in the morning to get those details or -- okay. I will be over there anyway. De Weerd: It seems like your list is growing. Bowman: Yes, it is. De Weerd: Well, thank you. Bowman: Thank you. De Weerd: Council, just a heads up. The Capital Soccer League is hosting a tournament on their Lake Hazel field -- their fields on Lake Hazel. They will be expecting 195 teams from out of the area, thirty of them are local, and over Fourth of July week, and they have invited our Meridian businesses to promote their business at no charge at the games, so just an FYI for you. Also, Anna and I have been discussing -- there is a lot of growth pressures in the south. We have given permission to staff to move forward with the sewer study. In her enhancements for next year she is requesting money for the land use side of that. I would like to your consideration of moving forward with that as an amendment to start taking a look and working with the public down there to look at-- Bird: Run that by us one more time. What kind of a -- what kind of a study are we having? Another sewer study? De Weerd: You approved that like two months ago. Bird: Well, yeah, I realize that, but -- De Weerd: It's not back to you for the sewer study, it's back to you to consider the land use part of that on what best would be utilized in our area of impact, what the people there feel, and it's all the diligence you need for the county and to determine what future area of impact might be. Meridian City Council June 28, 2005 Page 73 0[78 Bird: I understand now, but you said sewer. De Weerd: Mr. Wardle. Wardle: Madam Mayor, maybe I can speak as -- and, Anna, if you can help me -- correct me if I get our conversation wrong. As Anna's liaison, Anna and I have reviewed your budget and reviewed her request. One of the requests that she had was for this southern study. My direction to her, as a liaison, was that certainly if she, as director, felt that she needed to bring that forward, that she could do that at budget time. However, given some of the other pressures that you're going to see within the budget, I didn't necessarily discourage her from bringing that forward, but thought another budget year might be better served for that. In any case, I would prefer not to amend our current budget to have that study and I would like to see that come forward. If Anna feels that it's important to come forward within our next fiscal year budget and have that discussion at that time. Did I get that right? De Weerd: Council, I guess I appreciate those comments, but at this point there is a lot going on in that area and staff has an opportunity to do that now. They do have a window if it would be the desire. We do have a couple of enhancement requests coming up for next year that will put a lot of time constraints on it. Now is a good time, in conjunction with the sewer study. Rountree: What kind of money are we talking about? De Weerd: Anna, what was the budget you set for that? Canning: I believe that project was about 60,000 and it was -- I know it's a large number. It was largely a public participation effort to really do -- the first time that I think the city has really done a significant outreach to the residents of the area. There are a lot of new one acre, very expensive homes out there that -- on those non-farm subdivisions and I don't know how to plan for it. I have no idea how to plan for that area. I think it would -- it's critical to talk to those people and try and find out from them what to do. So, it was kind of a pricey enhancement for me, not for Brad, but from our budget it was pretty pricey, but it was mostly for public participation. De Weerd: And, Council, I guess it prompted it even further last week when I was at the Urban Land Institute talking about the Blueprint for Good Growth. There is a planned community that is -- is looking at a two square mile area in that particular designated area. We need to started getting some of these answers and it's better sooner than later, in my opinion. So, I would look for your direction on that. Bird: Madam Mayor? De Weerd: Mr. Bird. Meridian City Council June 28, 2005 Page 74 of 78 Bird: Clarify something for me. You said that the staff right now had an open window to do this? What did you mean by that? Their workload's down, so they got time to do it or what? De Weerd: Well, if-- Bird: No, I'm being very serious about this, because I got to reply to it, if they are. De Weerd: And I understand that. She is just getting done with the Unified Development Code and so this project was -- I guess it's best answered by Anna, but -- Canning: Yes. Madam Mayor -- and I'm in an awkward position here, because I don't think that -- I wish this could be put off to a future budget year, in all honesty, and it's just -- the more I hear from Kuna, I'm scared as to what they might do in that area, to be quite honest, and the Unified Development Code, the design guidelines, the downtown transportation management plan, are wrapping up and should wrap within the next month, month and a half. The north Meridian area plan I think is finally to a point where it will start going quickly -- more quickly than it's gone before. So, there is a short window there and I admit it's short, a couple months, where we could at least be sending out the RFP's, sending out the RFQ's, getting started on that process, so that we could hit the ground running probably September or October before -- before all the other enhancements get in. My problem, all my -- this is pre-budget stuff, but all my enhancements are just for projects that I see -- either ones that you have directed us to do or ones that seem critical at this stage of the city and if I get approval of all of them at the same time, I'm afraid that trying to start up all those, even if I cut them in half and start six now and six in six -- and the other half in six months, then, it's going to be difficult to get all those started at the same time. So, it seemed maybe appropriate to talk about getting this one started early, because this one seems to be the scariest. De Weerd: And I guess just to add to that, Mr. Bird, I do want to bring it up while Clair was here. Clair has been serving on a committee for Kuna on their sewer site selection and he could -- if you wanted further information on the growth pressures in that area, that has really made this more of an item of priority in our planning efforts, certainly we can ask comment from Mr. Bowman. Bird: No. When you said an open window and they were short, I was just going to -- what's our application length of time, like CUP and stuff? Are we still four to six months? Canning: We are still four to six months and we have had a rash of people that haven't posted properly lately and that's been the only thing that's really slowed things down. And some high groundwater issues that the applicants had to address. Bird: And we have got plenty of staff time to work on that and stuff, bring that up? Meridian City Council June 28, 2005 Page 75 of78 Canning: Madam Mayor, Members of the Council, right now the three staff that are working on these studies, for the most part, are Steve Siddoway, Brad Hawkins-Clark, and myself. It's not those folks that are processing applications. In the -- I did anticipate that under the enhancements requesting there is one small one that I wanted Craig Hood to work on, but that's the only associate staff that I had anticipated working on any study. Bird: Thank you very much, Anna. De Weerd: Would you -- do you need any comment from Clair or -- or I would appreciate your direction on this. We see the urgency behind it and the ability to plan for it and respond as the site selection committee and proceeds forward and finding the appropriate spot and working in conjunction with the sewer that Brad's department has started. Rountree: Madam Mayor, if Clair's willing to share and can share some information, I would like to hear what's going on. Bowman: Madam Mayor, Members of the Council -- it is after 10:00 o'clock. Excuse me. I was asked by the mayor of Kuna to participate on a wastewater treatment site selection committee for the city. They had completed their technical analysis of what they needed. They were now looking at sites. A week ago this past Monday we had a review of approximately 16 sites. Three of those are north of Lake Hazel, one would lie immediately adjacent to the Ten Mile. And the other two are slightly to the west of there, including my property. That's why they asked me to be on that site selection committee in the first place, because one of the sites immediately adjacent to my property, is potentially being donated by a developer for the site for a wastewater treatment plant. After our review of sites last week, the last Monday on site, driving around, getting out and walking, talking about things, we narrowed down the list of 15 or 16 sites to, I believe, seven. The three that I referred to north of Lake Hazel are still all included in that final location, the final set of seven that will be evaluated in more detail. I have a meeting with the Mayor and with the -- Mr. Watson tomorrow morning to review in detail. I have copies of the maps and specific site information that I can to share with her and with Brad at that time. Bird: Thank you, Clair. Donnell: Madam Mayor? De Weerd: Mrs. Donnell. Donnell: I -- just listening to the conversation this evening and I mean it makes certainly good sense that we need to proceed with looking at what direction we need to take in that part of our -- that part of the county, but 60,000 dollars to me sounds like an awful lot for the study that involves the affected folks out there, which I'm assuming that's what it is, is to get that public input. So, my question, I guess, would be I would like, Meridian City Council June 28, 2005 Page 76 of 78 before I could really support that, I'd like to see what that's paying for. You know, what actually are the expenses there in doing that. Not necessarily that it's not the right direction to go. Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: If I could address that comment and, then, just readdress my earlier comments, and that is I certainly agree with that, especially when you see the scope of the entire budget enhancement from Planning and Zoning Department that will come forward for next fiscal year and to find out exactly how that fits in. My recommendation would be to look at it in full. My personal opinion is that, especially an expenditure of that size, deseNes Council's scrutiny, public scrutiny, everyone to have a set of eyeballs on it and to take a step forward and so that would still be my current recommendation to the Council, as well as the director. De Weerd: Well, Council, you have certainly the budget authority and I guess our staff lives with the people knocking on their door and certainly they have been knocking on both Planning and Zoning and Public Works and the growth pressures in Kuna are very vast and so I guess with the growth that we have been having, it -- if we don't have this couple of months to get on top of it, it piles a lot of work that needs to be done over this next year into a shorter window to get it done. If you would like, Anna, to come back with more detail on what that money is about and more detail, certainly we can bring th at. Donnell: Or Madam Mayor? De Weerd: Uh-huh. Donnell: Perhaps that could just be outlined and e-mailed to us, so that we could review it. De Weerd: That would be great. Donnell: That would at least speed it up some. Wardle: Madam Mayor, if I could just make this comment and that would be regardless of which department, I would never support a rough dollar figure for any type of a setting that I hadn't seen before or give any direction as to whether I would like to see that go forward or not. So, I mean, Council, please, give your input, but from a budget enhancement point of view, I want see to see -- even if the director feels that it's so critical that she would need to land this on her next department report, I think anything less than a full enhancement to this Council is -- shouldn't be considered. Meridian City Council June 28, 2005 Page 77 of78 De Weerd: Okay. We can get more detail. E-mail it out as per Council member Donnell's suggestion and see what additional information you might need. Does that work, Anna? Canning: Madam Mayor, Members of the Council, I'm in -- the work that -- yes, it works. The work that you're asking me to do is basically what I would have done after knowing that the funds were approved, if that makes sense. I'm trying to understand the process a little better. I haven't done all that many budgets. My enhancements do not have detailed requests. I did do them based on conversations with appropriate consultants. I'm not saying -- it will take me awhile to get to that level of detail that you're asking me to get to, because I have not gone there. I will, basically, be preparing the RFP, which is fine, it's work I need to do eventually anyway. But I will be -- I will try and get that prepared. It probably will take me some time, because I need to finish the Unified Development Code up first. So, I can't prepare that level of detail until probably the beginning of August. Bird: That would be fine with me. Madam Mayor? De Weerd: Mr. Bird. Bird: I'm sure that there is some consultants out there to help you scope out this and the cost, I'm sure you have got -- you've had some -- you have talked to somebody, if you got a 60,000 dollar figure you're throwing around. Canning: Exactly, sir. It's just that I'll detail it out you and think about exactly what would be in there, but -- Bird: Yeah. You know, that's -- I'm like Shaun, I'm not -- just having a figure thrown at me that -- and expect me to change it, you know, if you have got a lot of extra money, we are under-funded and understaffed at the fire department. De Weerd: Mr. Bird. There was no request to approve any money to -- it's just to bring more detail back to you for your consideration. Bird: That's -- yeah. De Weerd: Because we certainly would ask that. Okay. I would entertain a motion to adjourn. Donnell: First, Madam Mayor, do we meet next Tuesday on the 5th? De Weerd: No, we don't. Donnell: Okay. De Weerd: Our next meeting is on the 12th. Meridian City Council June 28, 2005 Page 78 of78 Bird: I won't be there. Donnell: Madam Mayor, I would make a motion to adjourn. Rountree: Second. De Weerd: Oh, I'm sorry. Mr. Berg. Berg: Sorry, Madam Mayor. If I could ask the question that was raised before the meeting tonight was the budget workshop on the 19th. And Charlie has a point to make. Rountree: Not a point to make. I have a board meeting to attend in north Idaho, so I won't be here on the 19th. Donnell: And nor willI. I will be out of town. De Weerd: Okay. Well, so much for trying to plan in advance. Okay. Why don't we adjourn and, then, we will figure out a date. Bird: Call for a vote. De Weerd: Okay. All those in favor say aye. Okay. All ayes. MOTION CARRIED: ALL AYES. MEETING ADJOURNED AT 11 :04 P.M. (TAPE ON FILE OF THESE PROCEEDINGS) 1 I z6 I I} S" DATE APPROV~ June 24, 2005 MERIDIAN CITY COUNCIL MEETING APPLICANT Eagle-Fairview Investment, Co. V AC 05-004 June 28. 2005 ITEM NO. 5-A REQUEST Resolution - Request for a Vocation of platted easements for Krispy Kreme Subdivision Lot 1 of the Krispy Kreme Subdivision AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY AlTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: ~~/L ^--"' Date: (I.' l.).n I 0$ . Phone: I Emailed:Stet.(!..ll1(G1.;lo( I:J'J S'~~"\3l'fl..l(~(~~'C0~~Off Initials: @ J Materials presented at public meetings shall become property of the City of Meridian. COMMENTS See attached Resolution ~ ~ /[6 r/ 4- (JVJ ? ADA COUNTY RECORDER J. DAVIL,iAVARRO BOISE IDAHO 07/08105 02:29 PM DEPUTY Bonnie OberbHlig RECORDED-REQUEST OF Meridian City AMOUNT ,00 11I1111111I11111111111111I11111111111 105092051 CITY OF MERIDIAN RESOLUTION NO. &~- 416 BY THE CITY COUNCIL: BIRD, DONNELL, ROUNTREE, WARDLE A RESOLUTION VACATING A PORTION OF THE UTILITY EASEMENT ON THE COMMON LINE OF LOTS 1 & 3 AND 3 & 4, BLOCK 1 OF KRISPY KREME SUBDIVISION, CITY OF MERIDIAN, ADA COUNTY, STATE OF IDAHO; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on June 7, 2005, the City Council of the City of Meridian, held a hearing on the vacation of a portion of the utility easement on the common line oflots I & 3 and 3 & 4, Block 1 of Krispy Kreme Subdivision, City of Meridian, Ada County, State ofIdaho, and WHEREAS, after such hearing, the City Council, by formal motion, did approve said described vacation; and NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN CITY, IDAHO: Section 1. That a portion of the utility easement on the common line oflots I & 3 and 3 & 4, Block 1 of Krispy Kreme Subdivision, City of Meridian, Ada County, State of Idaho is hereby vacated. Copies of the necessary relinquishments are attached as Exhibit "A" . Section 2. That this Resolution shall be in full force and effect immediately upon its adoption and approval. VACATION OF PLATTED EASEMENTS/KRISPY KREME SUBDIVISION Page 1 of2 PASSED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this 2B~day of VUJI...L ,2005. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this 28 -I!- day of Vtv~ , 2005. STATE OF IDAHO, ) ) ss County of Ada ) On this ~ day of '- Jl.I..lo\€. , 2005, before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY de WEERD and WILLIAM G. BERG, JR., known to me to be the Mayor and City Clerk, respectively, ofthe 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) "'\...\...~~;.~..,;'~,~4'#'''' ...... + ...........At-/',. .....'" :- ....."t' .. .. ...~ ':. l l..~OTA~y..... \ ~ )I; t -.- j * a \. (j_\.~.Pr.lBL\C.l i -....<:.; 7..............'t>*-~....~ 4'....,~.~.r:.~~"...\...O': VACATION OF PLA TIED EASEMENTS/KRISPY KREME SUBDIVISION Page 2 of2 lu :U~ J 11 >;j IJ II ,!i :!i I~UJ l,gf ~~ in~~ g j~!r~~P H h )l/'j : 'i! :!lIl0oo. Ii! : ~ i i I :: ~-+--= Il ( ~ ;!t !i . ~ 'I! ~ f ~ ~ J!g P l~ ~ ~ !~ di ii M i!~ ~ n _i ~ ~ g~ ;;l ~ ~ ? I ; n~ ~ . g. ; ! f! ~ : ~~ ~ s ~ i F ~~ ~ t :,3).' I ~ ~~ iq ~e Hi 3~ ~ :~i $~r ~ ~ !i ~~~: I" n H~n~; :~ !i~i i!! ~ ;0 Q- ~~ ui! h ~I - BI!!J;1 ;.J~l';" i~ ~~~, ~ l. ~ :59'" '" 5 . ~~ ~~ ~ f . ~ ~ BI l:! K ~ -~ ~~ DO ~J ~ .,.:, !~ (oo~~~) ~ ~-_._.__. _,__,_,_,_'~~~~LII,.~II;Jili!L'.~e _._ _._._._._._._.+:- g UJi~r 1);511 j ~ i I //~:~::;;~llf;:=fr~~~~~~:~C:~:t.m i L.... j ! ~ l,f "L ~ ~s~~ il ! r~ ~ ~ i! ! ~Aj ~{l d;iB~ ,j j' ~~ ~ Il~ j ~r f f 81 ~- I ~i~~ t CD t:i af i I 8 i t~ ! [~~ s~ 2 ~ i ~ ~I s I ~ g i i~ : ~ <<~!i !~!! ~ ,<t,.!~ ~!l ~,~ - !, ~;~ I!. '; ~I J~ I : 'Uk:::>-I~~ i:lt-"---.------..-n-l" [it ~ :ii~ +r; if A>l: ~:~ ..t'.'~$ ~q''''''i~ ~ i i;~ ~ ., I -~_._-..-1 . I " ~ J~ .~~~f~~r:~~~:~~~~r~(: B~~ g~ '" ~ ~~ !i~ ~~x ~2h all ~ Iii !! ~ii o1~ ~~e i" i.~J~ "~~!! i; ii~a Ii g~r >e ri ~ ~IEJ H June 24. 2005 V AC 05-005 MERIDIAN CITY COUNCIL MEETING June 28, 2005 APPLICANT Properties West, Inc. ITEM NO. 5-8 REQUEST Resolution - Request for a Vocation of a portion of a 20 foot utility easement between Lots 20 & 21, Block 1 of Stokesbeny Subdivision No.2 - west of North Eagle Rood and north of River Valley Street AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUilDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS OEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: IJ (~ --.:t--J2v~fb.v Dote: ({)l~) JOS- Phone: Emailed: ct~ (LA--~ (P~ S l<1r\ ~ c() !V\ Staff Initials: A,R Materials presented at public meetings shaH become properly of the Ctly of Meridian. COMMENTS See atlached Resolution ~./ ft- f)tJ " 1(11 ADA COUNTY RECORDER J, DAVID NAVARRO BOISE IDAHO 07108105 02:29 PM DEPUTY Bonnie Oberblllig RECORDED - REQUEST OF Meri dian Ci ty AMOUNT .00 11111111111111111111 " 11I111111111111 105092052 CITY OF MERIDIAN RESOLUTION NO. {P 5' - -117 BY THE CITY COUNCIL: BIRD, DONNELL, ROUNTREE, WARDLE A RESOLUTION VACATING A PORTION OF A 20-FOOT UTILITY EASEMENT BETWEEN LOTS 20 AND 21, BLOCK 1, STOKESBERRY SUBDIVISION NO.2; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on June 7,2005, the City Council of Meridian, held a hearing on the vacation of a portion of a 20-foot utility easement between Lots 20 and 21, Block 1, Stokesberry Subdivision No.2, City of Meridian, Ada County, State ofldaho, and WHEREAS, after such hearing, the City Council, by formal motion, did approve said described vacation; and NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN CITY, IDAHO: Section 1. That a portion ofa 20-foot utility easement between Lots 20 and 21, Block 1, Stokesberry Subdivision No.2, City of Meridian" Ada County, Meridian, Idaho is hereby vacated. Copies ofthe necessary relinquishments are attached as Exhibit "A". Section 2. That this Resolution shall be in full force and effect immediately upon its adoption and approvaL PASSED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this Z&-f.!; day of J Un..-e- . 2005. VACATION OF UTILITY EASEMENT/STOKESBERRY NO.2 Page 1 of2 APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this 2B!!- day of JUfL...e. . 2005. ATTEST: I J~p~(>4 CITY CLERK \. "!~~ STATE OF IDAHO, ) ) ss County of Ada ) On this ~day of ~Ltl^-,e,. ,2005, before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY de WEERD and WILLIAM G. BERG, JR., 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) <...............~;.~.";~~##~4! <~ 'r-~\..."."...~/')>'''~ "> .... .... ? f,\ l" ~OTAI<.Y \ i " ~ -.- : * : '\ 1.1 \, ./. L B L \ C.l I ~~~~::.~.... :;:~:~~~i. VACATION OF UTILITY EASEMENT/STOKESBERRY NO.2 Page 2 of2 s :L~ ~;~3~50~"WI~ ~ ~ :. I'i ~ 21 r Vi [ i ~ ~I L____J ~I L____, I I I f----- I I -,----, --~~~ 103.00' J E. RIVER VALLEY STREET - ---0-- ~ 20 SCALE: 1 >>=40' 1lO 1m OOU004 N. Cl <( o a::: w ---1 (9 <( WI ;il I 4 June 24, 2005 MERIDIAN CITY COUNCil MEETING APPLICANT Vision First, LLC AZ 05-003 June 28, 2005 ITEM NO. 5-C REQUEST Development Agreement - Request for Annexation and Zoning of 76.72 acres to an R-3 zone for Kingsbridge Subdivision - 4070 South Eagle Road AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFfiCE: OTHER: Contacted: Emailed: Date: Co [~1 {D5" ,Phone: (\C , " Stoff Initials: ~~ Materials presented at public meetings shall become properly of the City of Meridian. COMMENTS See attached Development Agreement (} (fOvV Randy S. Clarno Senior Partner. Chief Executive Officer Jeff Solscheid Partner. Chief Financial Officer Wayne Kankelberg Partner. Chief Development Officer June 20, 2005 Tara Green City of Meridian 33 East Idaho Ave Meridian, ID 83642 Tara, VISION FIRSTLLc. HELPING SHAPE COMMUNITIES FOR THE FUTURE Corporate Office 661 S. Rivershore Lane, Suite 120 Eagle, idaho 83616 (208) 938.4655 phone (208) 938.4765 fax Washington Office 8513 N.E. Hazel Dell Avenue, Suite 201 Vancouver. Washington 98665 (360) 546-2501 phone (360) 573-5161 fax (866) 546.2501 toll free Attached, please find a signed copy of the Development Agreement for Kingsbridge Subdivision (AZ 05-003). Thank you, r~pV Kenneth Elliott REAL ESTATE · COMMUNITY INVOLVEMENT. LAND DEVELOPMENT ADA COUNTY RECORDER J. DAVID NAVARRO BOISE IDAHO 07/08105 02:29 PM DEPUTY Bonnie OberbiUig RECORDED-REQUEST OF Meridian City AMOUNT ,00 57 1111111111111111111111111111111111111 105092050 DEVELOPMENT AGREEMENT PARTIES: 1. 2. City of Meridian Kingsbridge Properties, LLC, Owner/Developer THIS DEVELOPMENT AGREEMENT (this "Agreement"), is made and entered into this 2p1:5 day of V~ , 2005, by and between CITY OF MERIDIAN, a municipal corporation of the State of Idaho, hereafter called "CITY', and Kingsbridge Properties, LLC, hereinafter called "OWNER/DEVELOPER". 1. RECITALS: 1.1 WHEREAS, "OWNER/DEVELOPER" is the sole owner, in law and/or equity, of certain tract of land in the County of Ada, State of Idaho, described in Exhibit A for each owner, which is attached hereto and by this reference incorporated herein as if set forth in full, herein after referred to as the "Property"; and 1.2 WHEREAS, I.C. S 67-6511A, Idaho Code, provides that cities may, by ordinance, require or permit as a condition of re-zoning that the "Owner" make a written commitment concerning the use or development of the subject "Property"; and 1.3 WHEREAS, "City" has exercised its statutory authority by the enactment of Ordinance 11-15-12 and 11-16-4 A, which authorizes development agreements upon the annexation and/or re-zoning of land; and 1.4 WHEREAS, "Owner" has submitted an application for annexation and zoning of the "Property's" described in Exhibit A, and has requested a designation of (R-3) Medium Density, (Municipal Code of the City of Meridian); and 1.5 WHEREAS, "Owner/Developer" made representations at the public hearings both before the Meridian Plarming & Zoning Commission and before the Meridian City Council, as to how the subject "Property" will be developed and what improvements will be made; and DEVELOPMENT AGREEMENT (AZ.05-003 - KINGSBRlDGE SUBDIVISION) PAGE 1 OF 11 1.6 WHEREAS, record of the proceedings for the requested annexation and zoning designation of the subject "Property" held before the Planning & Zoning Commission, and subsequently before the City Council, include responses of government subdivisions providing services within the City of Meridian planning jurisdiction, and received further testimony and comment; and 1.7 WHEREAS, City Council, the 3rd day of May, 2005, has approved certain Findings of Fact and Conclusions of Law and Decision and Order, set forth in Exhibit B, which are attached hereto and by this reference incorporated herein as if set forth in full, hereinafter referred to as (the "Findings"); and 1.8 WHEREAS, the Findings require the "Owner/Developer" to enter into a development agreement before the City Council takes final action on annexation and zoning designation; and 1.9 "OWNER" deems it to be in its best interest to be able to enter into this Agreement and acknowledges that this Agreement was entered into voluntarily and at its urging and requests; and 1.10 WHEREAS, "City" requires the "Owner/Developer" to enter into a development agreement for the purpose of ensuring that the "Property" is developed and the subsequent use of the "Property" is in accordance with the terms and conditions of this development agreement, herein being established as a result of evidence received by the "City" in the proceedings for zoning designation from government subdivisions providing services within the planning jurisdiction and from affected property owners and to ensure re- zoning designation is in accordance with the amended Comprehensive Plan of the City of Meridian adopted August 6, 2002, Resolution No. 02-382, and the Zoning and Development Ordinances codified in Meridian City Code Title 11 and Title 12. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 2. INCORPORATION OF RECITALS: That the above recitals are contractual and binding and are incorporated herein as if set forth in full. DEVELOPMENT AGREEMENT (AZ-05-003 - KINGSBRIDGE SUBDIVISION) PAGE 2 OF 11 3. DEFINITIONS: For all purposes of this Agreement the following words, terms; and phrases herein contained in this section shall be defined and interpreted as herein provided for, unless the clear context of the presentation of the same requires otherwise: 3.1 "CITY": means and refers to the City of Meridian, a party to this Agreement, which is a municipal Corporation and government subdivision of the state ofIdaho, organized and existing by virtue of law of the State ofIdaho, whose address is 33 East Idaho Avenue; Meridian, Idaho 83642. 3.2 "OWNERlDEVELOPER": means and refers to Kingsbridge Properties; LLC c/o Vision First; LLC, whose address is 661 N. Rivershore Lane, Suite 120, Eagle; Idaho 83616, the party developing said "Property" and shall include any subsequent owner(s)/developer(s) of the "Property". 3.3 "PROPERTY": means and refers to that certain parcel(s) of "Property" located in the County of Ada, City of Meridian as described in Exhibit A describing the parcels to be annexed and zoned R-3 (Medium Density) attached hereto and by this reference incorporated herein as if set forth at length. 4. USES PERMITTED BY THIS AGREEMENT: 4.1 The uses allowed pursuant to this Agreement are only those uses allowed under "City's" Zoning Ordinance codified at Meridian City Code Section 11-7-2 (C) which are herein specified as follows: Construction and development of either a conditional use permit or a planned development application shall be submitted to the City of Meridian prior to a future development in the R-3 zone, and the pertinent provisions of the City of Meridian Comprehensive Plan are applicable to this AZ-05-003 application. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. 5. DEVELOPMENT IN CONDITIONAL USE: "Owner/Developer" has submitted to "City" an application for conditional use permit site plan dated March 2, 2005; and shall be required to obtain the "City'" approval thereof, in accordance to the City's DEVELOPMENT AGREEMENT (AZ-05-003 - KINGSBRIDGE SUBDIVISION) PAGE 3 OF 11 Zoning and Development Ordinance criteria, therein, provided, prior to, and as a condition of, the commencement of construction of any buildings or improvements on the "Property" that require a conditional use permit. 6. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 6.1. "Owner/Developer" shall develop the "Property" in accordance with the following special conditions: 1. That fencing on the north side of Lot 9, Block 1, adjoining Dartmoor Subdivision, shall be installed prior to issuance of the first building permit on the subject property; 2. That the applicant shall impose, in the CCR's for Kingsbridge Subdivision, a minimmn 25-foot rear yard setback on all perimeter lots; 3. That the applicant shall impose a single story restriction on specific perimeter lots, single-story restricted lots shall have a maximum peak of 25-feet and a 10:12 maximum pitch, with no bonus rooms in the attic space; 4. That along Zaldia Lane, the applicant shall construct a 5-foot wide landscape strip, south of the 6-foot vinyl privacy fence. An evergreen tree shall be installed every 20-feet on center within the landscape strip; 5. That the applicant shall construct a berm (maximum 4:1 slope) within the proposed 20-foot wide buffer strip along Za1dia Lane. Said berm shall produce a total vertical screen of 11- feet (6- foot privacy fence on top of a 5-foot berm). Vertical screen height to be measured from the Zaldia Lane/south property line established grade; 6. That the applicant shall pipe the tail ditch from the Dartmoor irrigation pond (along Eagle Road, north of Dart moor Drive) through the site; 7. That a concrete sidewalk, curb, and gutter (or, if mutually agreed by the developer and the Dartmoor residents, detached, meandering sidewalks separated from the street) extending along both sides of Dartmoor Drive from the Kingsbridge sidewalks at the current end of Dartmoor Drive to Eagle Road. Construction of said sidewalks shall be completed prior to issuance of the first building permit in the development. (NOTE: Said improvements are subject to ACHD approval and design standards); 8. That the applicant will construct a 3-rail fence along the Dartmoor Drive frontage for the existing homes along Dartmoor Drive that currently do not have fencing. In lieu of a 3-rail fence, a white vinyl fence shall be installed on the south side of Parcel # R1734560100. Said fencing shall be DEVELOPMENT AGREEMENT (AZ-05-003 - KINGSBRIDGE SUBDIVISION) PAGE 4 OF 1 ] completed prior to issuance of the first building permit in Phase II (second final plat phase) of the development; 9. That prior to issuance of the first building permit in Phase II (second final plat phase), the applicant shall pipe the tail ditch from the Dartmoor irrigation pond (along Eagle Road, north of Dart moor Drive) through the site and install a head gate on the new inlet to control water flow into the pond; 10. To ensure that density changes are not made between preliminary and final plat approvals, no significant changes will be allowed to the plat dated AprilS, 2005, except changes required by governmental agencies or other minor changes approved by govenunental agencies which do no increase density or daily vehicle trips. Except for minor lot size adjustments between adjacent perimeter lots, no perimeter lot in the subdivision shall be reduced in size below the square footage shown on the preliminary plat dated AprilS, 2005. All perimeter lots shall remain as single home residential lots that cannot be further subdivided or split as part of this subdivision. The preliminary plat dated April 5, 2005, is hereby included as a condition of approval for developing the subject property; 11. That the applicant shall develop a weed control and maintenance plan for the undeveloped areas of the subdivision; 12. That the applicant shall develop a grading and drainage plan for the five (5) lots on the northwest comer of the subdivision; and, 13. That the applicant's plans for retention and/or treatment of storm water prior to leaving the site shall be submitted for review and approval of the Dartmoor HOA President, which shall not be unreasonably withheld. 6.2 Owner/Developer has entered into a Settlement Agreement with the authorized representatives of the property owners residing in Golden Eagle Estates, Bridlewood Subdivision, Kunz Hollow Subdivision, Zaldia Zerua Subdivision and Dartmoor Subdivision (collectively, the "Neighbors") on the lih day of April, 2005, set forth in Exhibit C, which is attached hereto and by this reference incorporated herein as if set forth in fulL 7. COMPLIANCE PERIOD/CONSENT TO REZONE: This Agreement and the commitments contained herein shall be terminated, and the zoning designation reversed, upon a default of the "Owner" or "Owners" heirs, successors, assigns, to comply with Section 5 entitled "Conditions Governing Re-Zone" of subject "Property" ofthis agreement within two years of the date this Agreement is effective, and after the "City" has complied DEVELOPMENT AGREEMENT (AZ-05-003 - KINGSBRlDGE SUBDIVISION) PAGE 5 OF 1] with the notice and hearing procedures as outlined in I.C. S 67-6509, or any subsequent amendments or recodifications thereof. 8. CONSENT TO DE-ANNEXATION AND REVERSAL OF ZONING DESIGNATION: "OwnerlDeveloper" consents upon default to the reversal of the zoning designation of the "Property" subject to and conditioned upon the following conditions precedent to-wit: 8.1 That the "City" provide written notice of any failure to comply with this Agreement to "Owner" and if the "Owner" fails to cure such failure within six (6) months of such notice. 9. INSPECTION: "OwnerlDeveloper" shall, immediately upon completion of any portion or the entirety of said development of the "Property" as required by this agreement or by City ordinance or policy, notify the City Engineer and request the City Engineer's inspections and written approval of such completed improvements or portion thereof in accordance with the tenns and conditions of this Development Agreement and all other ordinances of the "City" that apply to said Development. 10. DEFAULT: 10.1 In the event "OwnerlDeveloper", "OwnerlDeveloper's" heirs, successors, assigns, or subsequent owners of the "Property" or any other person acquiring an interest in the "Property", fail to faithfully comply with all of the tenns and conditions included in this Agreement in connection with the "Property", this Agreement may be modified or tenninated by the "City" upon compliance with the requirements of the Zoning Ordinance. 10.2 A waiver by "City" of any default by "Owner" of anyone or more of the covenants or conditions hereof shall apply solely to the breach and breaches waived and shall not bar any other rights or remedies of "City" or apply to any subsequent breach of any such or other covenants and conditions. 11. REQUIREMENT FOR RECORDATION: "City" shall record either a memorandum of this Agreement or this Agreement, including all of the Exhibits, at "Owner's" cost, and submit proof of such recording to "Owner", prior to the third reading of DEVELOPMENT AGREEMENT (AZ~05-003 - KINGSBRIDGE SUBDIVISION) PAGE 6 OF 11 the Meridian Zoning Ordinance in connection with the re-zoning of the "Property" by the City Council. If for any reason after such recordation, the City Council fails to adopt the ordinance in connection with the annexation and zoning of the "Property)' contemplated hereby, the "City" shall execute and record an appropriate instrument of release of this Agreement. 12. ZONING: "City" shall, following recordation of the duly approved Agreement, enact a valid and binding ordinance zoning the "Property') as specified herein. 13. REMEDIES: This Agreement shall be enforceable in any court of competent jurisdiction by either "City" or "Owner", or by any successor or successors in title or by the assigns of the parties hereto. Enforcement may be sought by an appropriate action at law or in equity to secure the specific performance of the covenants, agreements, conditions, and obligations contained herein. 13.1 In the event of a material breach of this Agreement, the parties agree that "City" and "Owner" shall have thirty (30) days after delivery of notice of said breach to correct the same prior to the non-breaching party's seeking of any remedy provided for herein; provided) however, that in the case of any such default which cannot with diligence be cured within such thirty (30) day period, if the defaulting party shall commence to cure the same within such thirty (30) day period and thereafter shall prosecute the curing of same with diligence and continuity, then the time allowed to cure such failure may be extended for such period as may be necessary to complete the curing of the same with diligence and continuity. 13.2 In the event the performance of any covenant to be performed hereunder by either "Owner" or "City" is delayed for causes which are beyond the reasonable control of the party responsible for such performance, which shall include, without limitation, acts of civil disobedience) strikes or similar causes, the time for such performance shall be extended by the amount oftime of such delay. 14. SURETY OF PERFORMANCE: The "City" may also require surety bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under Meridian City Code ~ 12-5-3, to insure that installation of the improvements, which the "Owner" agrees to provide, if required by the "City". DEVELOPMENT AGREEMENT (AZ-05-003 - KINGSBRIDGE SUBDIVISION) PAGE 7 OF II 15. CERTIFICATE OF OCCUPANCY: The "Owner" agrees that no Certificates of Occupancy will be issued until all improvements are completed, unless the "City" and "Owner" have entered into an addendu~ agreement stating when the improvements will be completed in a phased develop~'itnd in any event, no Certificates of Occupancy shall be issued in any phase in which the improvements have not been installed, completed, and accepted by the "City". 16. ABIDE BY ALL CITY ORDINANCES: That "Owner" agrees to abide by all ordinances of the City of Meridian and the "Property" shall be subject to de-annexation if the owner or his assigns, heirs, or successors shall not meet the conditions contained in the Findings of Fact and Conclusions of Law, this Development Agreement, and the Ordinances of the City of Meridian. 17. NOTICES: Any notice desired by the parties and/or required by this Agreement shall be deemed delivered if and when personally delivered or three (3) days after deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: CITY: OWNERlDEVELOPER: c/o City Engineer City of Meridian 33 E. Idaho Ave. Meridian, ill 83642 Kingsbridge Properties, LLC c/o Vision First, LLC 661 N. Rivershore Lane, Suite 120 Eagle,ID 83616 with copy to: City Clerk City of Meridian 33 E. Idaho Ave. Meridian, ill 83642 17.1 A party shall have the right to change its address by delivering to the other party a written notification thereof in accordance with the requirements of this section. 18. ATTORNEY FEES: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorney's fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a DEVELOPMENT AGREEMENT (AZ-05-003 - KlNGSBRIDGE SUBDIVISION) PAGE 8 OF 11 separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 19. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of and a default under this Agreement by the other party so failing to perform. 20. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including "City's" corporate authorities and their successors in office. This Agreement shall be binding on the "Owner" ofthe "Property", each subsequent owner and any other person acquiring an interest in the "Property". Nothing herein shall in any way prevent sale or alienation of the "Property", or portions thereof, except that any sale or alienation shall be subject to the provisions hereof and any successor owner or owners shall be both benefited and bound by the conditions and restrictions herein expressed. "City" agrees, upon written request of "Owner", to execute appropriate and recordable evidence of termination of this Agreement if "City", in its sole and reasonable discretion, had determined that "Owner" has fully performed its obligations under this Agreement. 21. INVALID PROVISION: If any provision of this Agreement is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this Agreement and the invalidity thereof shall not affect any of the other provisions contained herein. 22. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements, condition and understandings between "Owner" and "City" relative to the subject matter hereof, and there are no promises, agreements, conditions or understanding, either oral or written, express or implied, between "Owner" and "City", other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to "City", to a duly adopted ordinance or resolution of "City". 22.1 No condition governing the uses and/or conditions governing re-zoning of the subject "Property" herein provided for can be modified or amended without the approval of the City Council after the "City" has conducted public hearing(s) in accordance with the notice provisions provided for a zoning DEVELOPMENT AGREEMENT (AZ-05-003 - KINGSBRIDGE SUBDIVISION) PAGE 9 OF 11 designation and/or amendment in force at the time of the proposed amendment. 23. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in connection with the annexation and zoning of the "Property" and execution of the Mayor and City Clerk. ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. Attest: ~~~ CITY CLERK DEVELOPMENT AGREEMENT (AZ-05-003 - KINGSBRIDGE SUBDIVISION) PAGE 10 OF 11 STATE OF IDAHO, : ss: County of Ada, ) On this 26 day of q (A V\..t ,2005: before lfle, ,the undersigned, a Notary Public in and for said State, personally appeared i(C{t1.da.! S. Clttl"ruii , known or identified to me to be the b'VltlU'1t11"~14 1Vl-R Y\'l he r of Kingsbridge Properties, LLC, the corporation that executed this agr ertrent and the person who executed the agreement on behalf of said corporation, and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. County of Ada On this~ day of "- .)l.I...Vo...tL ,2005, before me, a Notary Public, personally appeared Tammy de Weerd and William G. Berg, Jr., know or identified to me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the instrument or the person that executed the instrument of behalf of said City, and acknowledged to me that such City executed the same. ",..,..~~'~~';'""",,#,," ...... +~ ....... :drl';> "" l...."t'..... ....... ~ \ I f ~OTAlXJ \ i i*i j*j " ~ JlUB\"'\C.. ~ \~~>~~~....w.~~"~~c:i: "..,,#,~~.~;.. :.~.....,.... (SE STATE OF IDAHO : ss (SEAL) Nftary ublic for Idaho ~esid' gat: JV)prldft{iA- !,~ (\}o ission expires: "t.f /:;l.V/07 / I DEVELOPMENT AGREEMENT (AZ-05-003 - KINGSBRIDGE SUBDIVISION) PAGE 11 OF 11 SETTLEMENT AGREEMENT This Settlement Agreement is entered into effective this Uday of April, 2005, by and among Vision First, L.L.C., a Washington limited liability company (hereinafter "Vision First") and authorized representatives of the property owners residing in Golden Eagle Estates, Bridlewood Subdivision., Kunz Hollow Subdivision, Zaldia Zerua Subdivision, and Dartmoor Subdivision (coUectively, the "Neighbors"). WHEREAS, Vision First is the applicant in land use entitlement hearings now pending before the City of Meridian under the foHowing File Nos.: " AZ-OS-003 Annexation and Zoning of 76.72 Acres from RUT (Ada County) to R-3 (Rural Medium Density Residential); PP-OS-004 Preliminary Plat Approval of One-Hundred- Thirty (130) Building Lots and Thirty-Four (34) Common Lots on 76.72 Acres in a Proposed R-3 Zone; and CUP-05-004) Conditional Use Permit Approval for a Residential Planned Development of Single-Family Homes with Reduced Street Frontage, and Exceeding the Maximum Block Length (collectively, the "Applications"). WHEREAS, the Neighbors have testified in opposition to City approval of the Applications at a public hearing held March 3, 2005, before the Meridian Planning & Zoning Commission; WHEREAS, Vision First has previously agreed to modify the Applications in response to issues raised by the Neighbors, as confirmed in the letter dated March 1, 2005, addressed to the Meridian Planning & Zoning Commission from Vision First's legal counsel, Kenneth M. Elliott; and WHEREAS, Items 1 through 7 of this Agreement reiterate the modifications previously agreed to by Vision First, except for further revisions made to Items #1, #2 and #7, as set forth below; WHEREAS, Vision First is prepared to agree with the additional modifications listed herein as Items #8 through #14, and the further revisions made to Items #1, #2 and #7, as set forth below, which shall be included as amendments to the preliminary plat and or Development Agreement executed by Vision First and the City of Meridian; NOW, THEREFORE, in consideration of the Neighbors' agreements set forth below, Vision First hereby agrees to the following modifications to the Applications: 1. The following Kingsbridge lots shall be restricted to single story homes, and the restrictions shall be included as deed restrictions, stated in the recorded Page 1 of 5 Last revised: April 12, 2005 Declaration ofCC&Rs, noted on the face of the Final Plat, and added as an Item # under the site specific conditions of the Preliminary Plat approval for Kingsbridge: a. Lots 5, 6,7 and 8 in Block 2 adjoining Zaldia Lane; b. Lots 3, 4, and 5 in Block 1, south of Dartmoor and the la-mile Feeder Canal; c. Lots 30 and 31 in Block 1 and Lots 2, 3, 4, and 5 in Block 5 adjoining Dartmoor's east boundary; d. Lots 22,23,24, and 25 in Block 7 south of Teri Lane; e. Lots 14 and 15 on the cul-de-sac west ofKunz Hollow; and f Lots 22, 31 and 32 across the 10,; Mile Feeder Canal from the 2 Kunz Hollow houses with building envelopes on the north ends of their lots. 2. Vision First shall construct a concrete sidewalk, curb, and gutter (or, if mutually agreed by Vision First and the Dartmoor residents, detached, meandering sidewalks separated from the street) extending along both sides of Dartmoor Drive from the Kingsbridge sidewalks at the current end of Dart moor Drive to the Eagle Road Entry to Dartmoor Subdivision. Construction of the sidewalks shall be completed prior to issuance of the first home-building permit in Kingsbridge Phase 1. At the request of the remaining 4 home owners (Viertel, Rich, Smith and Schultsmeier) along Dartmoor Drive, Vision First shall install a 3-rail or privacy white vinyl fence at the homeowners' discretion. If said homeowners request installation of the fence, it shall be completed prior to issuance of the first home- building permit in Kingsbridge Phase 1. This agreement shall be included in the Development Agreement executed by Vision First and the City of Meridian. 3. Vision First shall install vinyl privacy fencing, in accordance with the city- imposed approval condition (i.e. 4 feet solid topped by 2 feet oflattice) extending along the entire north property line of Kingsbridge (including the portion of the north side of Lot 9, Block 1 adjoining Dartmoor) and extending along the portion of the south boundary of Lot 17 Block 2 adjoining Kunz Hollow. Vision First shall install either 5-foot wrought iron or 6-foot vinyl privacy fence on all other project perimeters, in accordance with the consensus reached by the existing property owners adjoining each boundary. Fencing on the north side of Lot 9 Block 1 adjoining Dartmoor shall be completed prior to issuance of the first home-building permit in Kingsbridge Phase 1. This agreement shall be included under the site specific conditions of the Preliminary Plat approval and in the Development Agreement executed by Vision First and the City of Meridian. 4. Vision First shall impose a 25-foot rear yard setback on all perimeter lots (to be stated in the recorded Kingsbridge Declaration of CC&Rs). This agreement shall be included under the site specific conditions of the Preliminary Plat approval. Page 2of5 Last revised: April 12, 2005 5. Vision First shall create a new 5-foot landscaped strip south of the 6-foot vinyl privacy fence to be installed on the southerly lots abutting ZaIdia Lane; plant a row of evergreen trees 20 feet on center in the 5-foot strip (instead of 1 tree per lot in the back yards) and irrigate and maintain as Kingsbridge common area; and seek approval of the Nampa-Meridian Irrigation District to narrow the waste pipe easement north of Zaldia Lane from 20 to 15 feet wide, with the pipe installed five feet from the southerly easement boundary, to maintain 10 foot separation from the landscape strip to the pipe. This agreement shall be included under the site specific conditions of the Preliminary Plat approval and in the Development Agreement executed by Vision First and the City of Meridian. 6. Vision First shall grade the twenty-foot bl!,ffer strip along Zaldia Lane upward to the fence line of the southerly Kingsbridge lots at a 4 to 1 slope, to produce a total vertical screen of 11 feet (6-foot privacy fence on top of 5-foot berm). This agreement shall be included under the site specific conditions of the Preliminary Plat approval and in the Development Agreement executed by Vision First and the City of Meridian. 7. Vision First shall pipe the tail ditch along Dartmoor's south and west boundary between the existing southwest comer of Palfreyman's field to a new inlet into the Dartmoor irrigation pond north of the Dartmoor Eagle Road entry, and install a head gate on the new inlet to control water flow into the pond. This shaH be completed prior to issuance of the first home-building permit in Kingsbridge Phase 2. This agreement shall be included in the Development Agreement executed by Vision First and the City of Meridian. The following additional terms have been agreed to based on meetings between the Neighbors and Vision First's Chief Development Officer, \Vayne Kankelberg, on March 16,2005, and March 31, 2005: 8. To ensure that significant density changes are not made to Kingsbridge subdivision between preliminary and final plat approvals, no changes will be made to the plat dated April 5, 2005, except changes required by governmental agencies or other minor changes approved by governmental agencies which do not increase density or daily vehicle trips to and from Kingsbridge. All perimeter lots in Kingsbridge Subdivision shall remain as single home residential lots that cannot be further subdivided or split as part of the Kingsbridge Subdivision. Except for minor lot size adjustments between adjacent perimeter lots, no perimeter lot in Kingsbridge Subdivision shall be reduced in size below the square footage shown on the preliminary plat dated April 5, 2005. These agreements shall be included as notes on the face of the Kingsbridge Subdivision plat and shall be stated in the recorded Kingsbridge Declaration of CC&Rs. A copy of the preliminary plat will be included as a condition of approval in the Development Agreement executed by Vision First and the City of Meridian. Page 3 of 5 Last revised: April 12, 2005 9. Vision First's plans for retention and/or treatment of storm water prior to leaving Kingsbridge shall be submitted for review and approval of the Dartmoor HOA President, which shall not be unreasonably withheld. 10. South Ivy Bridge Way shall be redesigned to terminate in a cul-de-sac at Block 14, Lot 10 and Block 6, Lot 7. This agreement shall be included under the site specific conditions of the Preliminary Plat approval. 11. Lot I, Block 5 shall be landscaped with grass and evergreen trees to complete an improved buffer between the adjoining Dartmoor homeowner and South Merrivale Way. Landscaping shall be ins:talled prior to the issuance of the first home-building permit in Phase 2 by the dty of Meridian. This agreement shall be included under the site specific conditions of the Preliminary Plat approval and in the Development Agreement executed by Vision First and the City of Meridian. 12. Vision First and/or Kingsbridge LLC shall implement a weed eradication and maintenance program on Lot 9 Block 1 and Lot 17 Block 2, concurrent with construction of the Phase of Kingsbridge that abuts each lot For example, the weed eradication program on Lot 9 shall be implemented concurrent with construction of Phase 1. The portion of Lot 17 that abuts Phase 2 shall have the weed eradication and maintenance program implemented concurrent with construction of Phase 2, and the portion of Lot 17 that abuts Phase 3 shall have the weed eradication and maintenance program implemented concurrent with construction of Phase 3. This agreement shall be stated in the recorded Kingsbridge Declaration of CC&Rs and in the Development Agreement executed by Vision First and the City of Meridian. 13. Vision First shall remove two lots from Block 10 00 the eastern side of Kingsbridge and shall be entitled to fe-subdivide Lots 42 through 45 of Block 2 for form 5 lots, in place of the current 4 lots. This agreement shall be included under the site specific conditions of the Preliminary Plat approval. 14. Vision First shall change the mioimum house size from 1,800 sq. ft. for single- story homes to 2,000 sq. ft. and 2,400 sq. ft. for two story homes. This agreement shall be included under the Development Data on the Preliminary and Final Plats as well as in the recorded Kingsbridge Declaration of CC&Rs. Items 10, 13, and 14 shall be included on the preliminary plat filed with the City planning department on or before April 6, 2005, to permit staff review and inclusion in the hearing packet for consideration by the City Council at the April 12, 2005 hearing. Page 4 of 5 Last revIsed: April 12, 2005 In exchange for the above concessions by Vision First, the property owners of Golden Eagle Estates, Bridlewood, Kunz Hollow, ZaIdi en Zema, and Dartmoor subdivisions agree to: L Sign a waiver to the IS-year building restriction/open space easement on the Palfreyman property noted in the Dartmoor Subdivision plat as note 12. 2. Support, Of not oppose, Vision First's Applications for the Kingsbridge subdivision at the Meridian City Councilor Planning and Zoning meetings. This Agreement is Signed and Dated April ~ 2005, and effective as of March 31, 2005. Kingsbridge, LLC Golden Eagle Estates By: Vision First, LLC Managing Member By: Laurie Allen By: (},}'1~ Wayne Kankelberg, Chief Development Officer Bridlewood Subdivision By: David LaVIgne B&5/5e&K~ Dartmoor Homeowners' Association ,....... ~ Kunz Hollow and Zaldien By: ~yu , _ 9~"'!<..\~~~~,~,, \1~~ Zerua Subdivisions Brady Tutner, President ";//~t _ /JJ.--' By: ~I./ ~~'--PL-/- By: ~~~ Brad rd Dedman Sharon McKee, Secretary By: ---r;;;: M~p Tim Wallace, Director-at-Large Page 5 of 5 Last revised: April 12. 2005 EXHIBIT A Kingsbridge Subdivision AZ-05-003 Legal Description (3 pages) FOX Land Surveys, Ine" 49,96 Ovel1anlt Rd, liTS 162 .:l BolSll Idahci J llnQ! .1 208.34.:M'9&7 ..l 2ba~42'7437 F.Al< , PROPOSED KlNGSBRIOGE SUBDIVISION lOT 11, BLOCK.2 OF DARTMOOR SUBDIVISION W1mlN A PoRllON OF THE Sourn lA, OF THE noRTHWEsT %, Af'jO, Ttle NORT~ Ye OF THE NORrHWesT % OF me SouTHWeST ~.; SECTI~ 28, TOWNSHIP 3 NORTH, RANCE 1 EAST, BoISE MERIDIAN, AOA COUNTy, IOAHO Lot ii, Block :2 of Darlrnotlf,Sl.lbdlvislon wifhln B Portion of The South )s oHIw Northwest ~, and, Ihe North }S of lhe Northwest y.; of the Southwest Yo, Section 28, Township 3 North. Range 1 Easl, Bolsa Merid~n. 'Ada CO!Jnty, Idaho, more partiCUlarly describad as follows; Beglnningsl a found Brass Cap Monument marking Ilie Northwest Corner of Section 28, Township 3 North, Range 1 East, Boise Meridian, from whid1 a found B~,,!~, C<ilP Monumarrt marking the X. C9fner common to ~ebl ions 21 IiIl'1.d 28 bears South 89'36,03" East a distance of 2,857.34 feet; thl'lnce along the bounda/)' common lo Sections-2B afld 29 of said Township and Range, South (i0"27'43. West, a distance ot2.C41.~feat to a,found 5JB" rebar with no cap, si;it plalltic cap stamp&d of'l.Sf PlS 7612". marking the Y.. comer common 10 Sections 28 and 29 of said Township and Range, the TRUE POIt':lT OF Bi:;GfNNING; ~6~ ~~~ ~~~;~:~~~~r~:::~~::~~~~~'~~'1~?~~ ~~s~~~:;f: r1ghklf-way Of Eagle Road, marking the Southwest COmBr of Lot 11, Block 2 of Dartmoor Subdivision; thence aloog said Easterly right-Of-way of Eagle Road ,and tha We&terly boundliry of said Lot' 11, Block 2 of Dartmoor Subdivisfon, Nortl1 00021'43" East a dislanc.e of 60.00 feel to a set 5/ff' rebar With pla,$lic cap slarnpsd ~FLSI PLS 7612' al the t;:Omer commo"n to Lot 11 and lot 16 of ss'ld Dartmocr SubdiVIsion; Ihenc& along ths'ooundaril/lil of said Lot 11, Block 2 of Dartmocr SUbdivisiofllhe foJlowing COUJ1lQs and distances: South 89023'38' East a distance'ofEi28.24 flier a point, from which a found ~. rebar with plastic cap slampad"OHR PLS 3624" bears North 00"25'38"' East a di stance of 0,63 f6e~ _ North 00.25'38" East a distance of 228.03 feet to a set 518' rebarwith plastic cap stamped "FlSI PLS 7612': North 12.21'38" East a dist$nce of 201. 79 feel to the southwest right-of-way of east Osrtmooi Drive; South 89.25'51" East a di$tance of 81.12 feat to the northeast right-of-way. Of East Oartmoor Oriva; North 46052'1 O' East a disla.nce of 164.01 feet liJ a sa! SIB" rebar.With, plastic ~p .stamped "FLSf PLS 7612"; . North 00.30'11" East a rJjstanm of 723.68 feel 10 the Northwest corner of said:lot 11. Block 2 of Dartmoor Sl.lbdivision. from Which a founct W rsbarwilh plasllc cap stamped "DHR PlS 3524' bears South 00"30'11" West a dislance of 0.44 feat; Ihence, along the NOrtherly boundary Of &aid Lot 11. Block 2 01 DartllJoor Subdivision end th5North 1/1S]~ line of Section 28, South 69"30'16' Emts d~tanca of1,741.56 feat to the Northeast comer of said lot 11 and the Canter-North 1116'" cornar of SeictJon 28, markee!. by a sel518" rebar with plastic cap sl~pad "FLSI PLS 7612.; !hence along the Easterly boundary of said LOl,11, Block 2 of Dartmoor Subdivision and the North..soulh center line of Sedion 28, South '00029'23" West a distan~ of 1.312.5.46 fafJt to a found 1 inch Iran Pin with no cap, oot aluminLlm cap stamped 'FI,.$I PLS 7612" marking the Soolheast comer of said Lot 11 and Ihe Center of S~cllon 26; lherK;e; siong the Southerly bOundlilry of said lot 11, !he East-West cer'ller line Of Section 2.8, and the Northerly boUndary of Kunz Hollow SubdivIsion, North 69"25'12" Wesl, a distance of 1 ,326.13 feet to a found 5Ifr rebarwith plastic cap stamped "LS'2723" marking the Centar~W9st 1/16111 (;Omer of S~lon 28. and the Noz:thwest dome( of Kunz Holfow SUQdillision; '. . lheooa alan" !he West 111 sur lin.e of Section 28 and the Wealerly boundary Of Kunz' Hollow Subdivision, South 00"33'59" Wast. a dlstartce of 661.38 faat 10 a found 5/B" rebar with pllilsUccap stamped "EHM 3260" marking. the Southwest comer thereof and Ihe ;Norfheasl comer of Z!;lldien Zerua SubdivJa:icn; thence along !he Northerly boul')dary of Zatdian Zerua Subdivision and !;he Wesleriy exIenslcn thereof, Nosth' 69"21'45" WSSl, t! distanoe of 1.328.54.feet !it point on the WestBrly bOUndary of Sactioo 28 and the center line of South Eagle Road, marked by a sel. 51e"l'$bar with plastic cap stamped 'FLSI PLS1S12"; thence along said Westerly boundary Of Section 28 J;ltld the canter line of. South Eagle Road North 00"37'13" East, a distance (If 660.65 feet II) the TRUE POINT OF BEGINNING: -I-~""-,"-:"~~"",-~~r"T"- -.1..-.- Containing 3,341. 7~ sqUaf6 faut, 76.716 acres, more or less. SUI:IJild to existing easements and rights-of-way as any may e.xlst, of tecOrd or not of record. The Basis of Bearings for this description is between Ihs found Brass Cap Monumenl marking the Northwe~ Comer of S!3CUon 2a, TownshIp 3 North, Range 1 ,East, Boise Meridlan, and the found Brass Cap Mon!JmMl marking Iha % Ccmar common t~ Section,s :::a:~~:~=~;:~~if~ ... '/ I. ':/ CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the Matter of a Request for Annexation and Zoning of 76.72 Acres from RUT (Ada County) to R-3 (Rural Medium Density Residential) AND Preliminary Plat Approval of One-Hundred-Thirty (130) Building Lots and Thirty-Four (34) Common Lots AND Conditional Use Permit Approval for a Residential Planned Development Consisting of Single-Family Homes with Reduced Street Frontage and .lJJcreased Maximum Block Length, by Vision First, LLC. Case No(s): AZ-05-003, PP-05-004, CUP-05-004 For the City Council Hearing Date of: April 12, 2005 A. Findings of Fact 1. Hearing Facts a, A notice of a public hearing was published for two (2) consecutive weeks prior to the City Council public hearing, the first publication appearing and written notice mailed to property owners or purchasers of record within three hundred feet (300') of the external boundaries of the property. The notice of public hearing before the City Council was posted upon the property under consideration more than one week before said hearing. All other noticing was done consistent with Idaho Code ~67- 6509. 'The matter was duly considered by the City Council at the April 12,2005, public hearing(s). The applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction of the City of Meridian were given full opportunity to express comments and submit evidence. b. Written and oral testimony was received on this matter, as reflected in the records of the City Clerk (for written testimony) and in the official meeting minutes (for oral testimony). c. The Planning and Zoning Commission conducted a public hearing and issued a written recommendation on the subject matter to the City Council. d. The City Council heard and took oral and written testimony and duly considered the evidence and the record in this matter. 2. Process Facts a. There has been compliance with all notice and hearing requirements set forth in Idaho Code 967-6509, 6512, and Meridian City Code 9911-15-5 and 11-17-5 as evidenced by the Affidavit of-Mailing, and the Affidavit of Publication and Proof of Posting filed with the staff report. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-05-003/ PP-05-004 / CUP.05-004- PAGE I of 5 3. Application and Property Facts a. In addition to the application and property facts noted in the staff report and the Planning & Zoning Recommendation for the subject application(s), it is hereby verified that the property owner(s) of record at the time of issuance of these findings are Kingsbridge Properties, LLC, David L. and Kathleen S. Palfreyman, David A. and Janie Teeter, and Joe-D Acres, Inc. 4. Required Findings per Zoning and Subdivision Ordinance a. See Exhibits G, H, and I for the findings required fQr these applications. .8., Conclusions QfLaw 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. g67- 6503). 2. The Meridian City Council takes judicial notice of its Zoning; Subdivision and Development Ordinances codified at Titles 11 and 12, Meridi~ 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 August 6, 2002, Resolution No. 02-382 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code ~ 11-17-9. .. 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. S. It is found public facilities and services required by the proposed development will not impo.se expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision. which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant,' the Planning and Zoning Department, the Public W ~)fks Department and any affected party requesting notice. 7. That this approval is subject to the Legal Description in Exhibh A, the Preliminary Plat dated April 5, 2005 as shown in Exhibit B, the Site Plan dated AprilS, 2005 as shown in Exhibit C, the Annexation and Zoning Comments as shown in Exhibit D, the Preliminary Plat Site Specific and Standard Conditions as shown in Exhibit E. and the CUPIPD Site Specific and Standard Conditions as shown in Exhibit F. 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 CITY OF MERIDIAN FJNDINGS OF FACT, CONCLUSIONS OF LAW AND DECJSION & ORDER CASE NO(S). AZ-05.003 / PP-OS-004 / CUP-OS-OO4- PAGE 2 of S Pursuant to the City Council's authority as provided in Meridiari City Code ~ 12-3-5 and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's Preliminary Plat as evidenced by having submitted the Preliminary Plat dated April 5, 2005 is hereby conditionally approved; 2. The applicant's Site Plan as evidenced by having submitted the. Site Plan dated April 5, 2005 is hereby conditionally approved; and, 3. The Site Specific and Standard Conditions are as shown in Exhibits E and F, D. Notice of Applicable Time Limits 1. Notice of Eighteen (18) Month Conditional Use Permit Duration Please take notice that the conditional use permit shall be valid for a maximum period of eighteen (18) months unless otherwise approved by the council. During this time, the permit holder must commence the use as pennitted in accordance with the conditions of approval, satisfy the requirements set forth in the conditions of approval, acquire building permits and commence construction of permanent footings o~ structures on or in the ground. In this context "structures" shall include sewer and water lines, streets or building construction. The applicant has specified in the application and to the commission and council a construction schedule and completion date for the project. If the completion date specified for the project is exceeded" the conditional use application shall become null and void. However, the applicant may submit an application for a time extension on the project for city council review. The application for time extension shall be submitted at least thi!iJ' (30) days prior to the deadline for completion of the project. For projects requiring platting, the final plat must be recorded within this eighteen (18) month period. For projects with multiple phases, the eighteen (18) month deadline shall apply to the first phase. In the event that the development is made in successive contiguous segments or multiple phases, such phases shall be constructed within successive intervals of one year from the original date of approval by the council. If the successive phases are not submitted within one year intervals, the conditional approval of the future phases shall be null and void. (MCC 11-17-4.8.) 2. Notice of Twelve (12) Month Preliminary Plat Duration Pleas~ take notice that after the date of approval of the preliminary plat, the owner or developer shall have one year within which to file the reque$t for approval of the final plat. After approval of final plat, the owner or developer shall have one year to begin construction of the public utilities and one year thereafter to complete construction of those public facilities. (MCC 12-2~4.B & C.) E. Notice of Final Action and Right to Regulatory Takings Analysis 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may' request a regulatory taking analysis. Such request must be ih Writing, and must be filed CITY OF MERIDIAN FINDINGS OF FACT. CONCLUSIONS OF LAW AND DECIsrON & ORDER CASE NO{S). AZ-OS-O03! PP-OS-004 / CUP-OS-004- PAGE 3 of 5 . 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, pursuant to ldaho Code S 67~6521 an affected person being a person who has an interest in real property which may be adversely affected by the issuance or denial of the conditional use permit approval may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52l Title 67, Idaho Code. F. Exhibits Exhibit A: Legal Description Exhibit B: Approved Preliminary Plat (with conditions) Exhibit C: Approved Site Plan (with conditions) Exhibit D: Annexation and Zoning Comments Exhibit E: Preliminary Plat Site Specific and Standard Conditions Exhibit F: CUP/PD Site Specific and Standard Conditions Exhibit G: Zoning Amendment Findings Exhibit H: Preliminary Plat Findings Exhibit I: CUPIPD Findings By action of the City Council at its regular meeting held on the gttJ.- day of \'\'\(Uj , 2005. . COUNCIL MEMBER SHAUN WARDLE VOTED --lfA- COUNCIL MEMBER CHRISTINE DONNELL VOTED~ COUNCIL MEMBER CHARLIE ROUNTREE VOTED~ COUNCIL MEMBER KEITH BIRD VOTED~ MAYOR TAMMY de WEERD (TIE BREAKER) VOTED----===- CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-OS.003/ PP-DS-OM I CUP-OS-OQ4- PAGE 4 of 5 and City Attorney. By: .kn A1\.? ~rv'\. City Clerk's Office Dated: S- \ tD-CJl5 ClTY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-05-003 I PP.OS-004 / CUP-OS-004- PAGE 5 of 5 EXHIBIT A Kingsbridge Subdivision AZ-OS-003 Legal Description (3 pages) FOX Land Surveys, IncQ 46,111 0vert.1Id" Rd, 6TII1s2 ~ Bolaq Idaho ~ 03708 .1 208.342.7967 ~ 2H~42-7437 FAX, PROPOSED K1NGSBRlDGE SUBDIVISION LOT 11. BLOCK 2 OF DARtMOOR SUBDIVISION WllHfN A PoaTlON OF THE ScUll1 %, OF THE NORTHWESTY.. Al',lO. THE NDRlH y~ OF THE NORTliWEsr % OF THE 80uTtIweST %; BecnoN 28. TowNStlIP 3 NORTH, RANCE 1 EAST, BorSE MERIDIAN, ADA COUNTy, IDAHO lot 11, Block 2 of Oartmoor,SUbdMslon WithIn a PQrtion of The South U of.the Northwest ~. snd, tl1e North ~ 01 the Northwest Y.i or the Southwest Yo, S aclion 28, Tawnahlp 3 North, Range 1 Eesl, Boise Merid~n, 'Ada Co~ty, IdahO, more particularly descri~ at follows; 69tJ1nning'al'a fpuna Brass Cap Monument marking the Northwest Comer of Section 28, Township 3 North, "Range 1 East, Boise Meridian, from which a found Brass, Cap Monument marxlng the 14 C9mar common to ~8blions 21 end 28l:ifHlr9 South 89.3s~03' East a dIstance of 2,657.34 f$st; thence along tlie bOUndsI}' common to Sections ,28 Rfld 29 of sald Township and Range, South 60"27'43~ West, 8 dIstance of 2.S41,~feet to a.foUnd 518" rebar wilh no cap, si;il plastic cap B1amped aF'LSf PLS 7612". maming Hle X COOlar common 10 Sections 26 apd 29 of said Township and Range, the TRUE POlt.lT OF SI;'GlNNmG; thence along !he East-West centar line of Section 2B, South 89'73'38' East, El distance Of 45.00 feat t~ a set 51fr rebar With plastie cap stamped "FLSJ PLS 7612' on the Easterly rfght-of--way of Eagle Road, marking the Southwest oomer of lot 1 1, Slock 2 of Dartmoor SUbdilrlsion; thence along Hid Easterly righl-of--way of Eagle Road Md the Westeny boUndBry of said Lof11, Black 2 of Oartmoor Subcfrvisfon, Nortl1 00"27'43" East a dlstanc.e or 60.00 fe'el 10 a ssl 5Ia" reblir ~th pl~lltiC. cap slmmpsd '~FLSI fiLS 7612" 1St the c;omer commoh to LOl11 and lOl16 of saJd Dartmoor SubdlvlSkm; !hence alon; the'boundaries of said Lot 11, Block 2 af Dartmoor StlbdlvisiofllheioJlowlng CCIUrl'lGS and distances: South 89"23'38' East a distance'of62B.24 ~el a point, from which a found Wrebar withplaslic cap stamped "DHR PLS 3624' bears North 00"25'38" Essla dislance of 0,63 feel; . , i North 00025'$" East a distance of 226.03 feet to a $6(516" rebarwilh plastic cap stamped "FlSI PLS 7612'; ~rth 12"21 '38" East a distance of 201. 79 Feel' to the 80uthW8$t rigHt-of-way oJ east Dartmoor Drive; South 89.25'57' EBSt a. distance of 61.12 faelto the nol'ltrEiast right-of-way, QF East Dartmoor Drlva: North 46"52'10' East a dista.nce or 164.01 feet tb a ht ~ rebar ,With, plasUc.cap atamped "FLSI PLS 7612"; . North 00"30'11 ~ East a dJatanoe oJ 723.68 fOOl to the Northwesl corner of said: lot 11, Block 2 of Dartmoor Sl.Jbdivision. from Which a founcl W rsbarwith plastic cap stamped oDHR PlS 3824' bears South 00"30'11" West a distance of 0.44 foot; , thence. alonllthB NOrtherly boun<lary of &aId Lot 11. Block 2 at DartI1:l00f Subdivision end thE! North 1/1Slh line Of Sactlon 28. South 89"30' 16' Easl a di&lanea of 1,741. 56 feet to the Northea$l Comer of said ltll11 and the CantEir-Nort/11f161!o corner of Section 28. marked by a sa. 5(8' rebar with plaslic cap s~d 'FLSI PlS 7612'; thence along the Easterly boundary of said lot, 11, alock 2 of Dartmoor Subdivision and the North-South center line of SectIon 2B, Soutl1'Ooo29',23" West B distance of 1,325.46 feet 10 a fol.Jnd 1 inch Iron Pin with no cap, set alumlnl,lm cap stamped 'FI,.SI PLS 7612" martdllg the Southeasl comer of said Lot 11 and the Center of S~ioll 213; thence alol'lQ tOO Southedy boundlllry of said lot 11, the East-West center line Of Section 28, end the Northsr1y boundary of KLrnz Hollow Subdivision, Nol'l!1 ego2S'12' West, El. distance of 1,328.13 feat to Ii: found 51ft' rabar with plastic cap stamped "LS'2723" mark'1ng the Canter-W~~ 1/16'h COme; of 8flctfon 28. and IItQ Nortllwe81 Comer of Kunz Hollow Subdivision; ., . thence stong lhe West 111 ff' Iin.9 of Section 28 and the Weater1y boundaJy of Kunz' Hollow SUbdivision, Siluth OO":33'S9" We~. a distance of 661.38 feet. lQ a found 5/B' rebar with plQSt/e cap slamped "EHM 3260" marf<lng,the Southwest comer thereof and the .Northeast comer of Zfildian Zerua Subdivision; !hence along the Northerly boundary of Zaldieo Zerua Subdivision and the Weslelriy extenslon thereof, Noztldta"21'45" W6$l E! distance of 1.328.54 Jeet a point on the WeitMy boundsry of Section 28 arn:Ilhe center line of South Eagle-Road, marked by a sat SlS" /"$bar with plastic cap slSmped "FLSI PlS 7612'; thenCe along said W8&lerfy boundary Of s.aion :28 and the canter line Of South Eagle Road North 00"37'13" East, a distance of 660.65 reet tt) the TRUE' POINT OF BEGINNING: Comairling 3,341 ,7~ square f~~ 76.716 acres, more or Jess. SUbject to existing easements illnd rights-of-way as any may exist. of record or not of re~d, . Trni 8sslB of Bearings forlhis description is between the fOl,/ncl Brns Cap Monument marking the Northwe~ Comer of S!action 28, iownshfp 3 North. Range 1 ,East, Boise Meridian, and trnl found Brass Cap MonumWl! markinl1lhe y,. Comer common t~ SectiOllIl :~~:=:::~:~::d~) t '! t \;..: EXHIBIT B Kingsbridge Subdivision PP-05-004 Approved Preliminary Plat EXHIBIT C Kingsbridge Subdivision CUP-05-004 Approved Site Plan (2 pages) r.+-.---_~.__:.-... ; ~ t ( (t- rill I 1/JIIII ' II , I" II f j r I Ifill fP,q,llllIlijJII! I ~~ ~ji d~ If ~ ~ri . .;; EXHlBITD Kingsbridge Subdivision AZ-OS-003 Annexation and Zoning Comments The applicant has made the following commitments to be included as conditions of a Development Agreement (DA). A development agreement will be required as part of annexation of this property. Prior to the annexation ordinance approval, a DA shall be entered into between the City of Meridian, the property owner(s) (at the time of annexation ordinance adoption), and the developer. The applicant shall contact the City Attorney, Bill Nary, at 8884433 to initiate this process. The DA shall incorporate the following: That fencim! on the north side of Lot 9. Block 1. adioinim! Dartmoor Subdivision. shall be installed odor to issuance of the f"rrst bUiJdin2 Dermit on the subiect orODertv: That the applicant shall impose) in the CCR's for Kingsbridge Subdivision) a minimum 25-foot rear yard setback on all perimeter lots; That the applicant shall impose a single story restriction on specific perimeter lots (see Exhibit E), sini!le-storv :restricted lots shall have a maximum Deak of 25- feet and a 10:12 maximum Ditch with no bonus rooms in the attic soace; That along Zaldia Lane, the applicant shall construct a 5-foot wide landscape strip, south of the 6-foot vinyl privacy fence. An evergreen tree shall be installed every 20-feet on center within the landscape strip; That the applicant shall construct a berm (maximum 4:1 slope) within the proposed 20-foot wide buffer strip along Zaidi a Lane. Said berm shall produce a total vertical screen of II-feet (6-foot privacy fence on top of a 5-foot berm). Vertical screen height to be measured from the Zaldia Lane/south property line established grade; That the applicant shall pipe the tail ditch from the Dartmoor irrigation pond (along Eagle Road, north ofDartmoor Drive) through the site; That a concrete sidewalk. curb~ and f!utter (or~ if mutually a!!reed bv the develoner and the Dartmoo:r residents. detached.. meanderinf! sidewalks senarated from the street) extendine aloo<< both sides of Dartmoor Drive from the Kin2sbridl!e sIdewalks at the current end of Dartmoor Drive to Eaale Road. Construction of said sidewalks shall be comnleted nrior to issuance of the fIrst buildinl! oerOOt in the deyeloomeut. !NOTE: Said improvements are subiect to ACHD apnroval and desitm standards): That the aonllcant will construct a 3-rail fence a1on2 the Dartmonr Drive frontal!e for the existinl! homes alan!! DartInoor Drive that currently do not have (enein!!. In lieu of a 3-rail fence. a white vinYl fence shall be installed on the south side of Parcel # R1734560100. Said {cucin!! shall be comoleted orior to issuance of the rust buildinl! Dermit in Phase II (second final Dlat phase) of the develooment. That Brior to issuance of the first buildin2 nermit in Phase II (second fmal plat Dhase). the aDDlicant shall DiDe the tail ditch from the Dartmoor irri ation ond alon Ea Ie Road north of Dartmoor Drive thron h the site and install a head !!ate on the new inlet to control water flow into the I!!!!ll!i To ensure that densitv Chanl!es are not made between Dreliminarv and final plat 8DDrovals. no shmificant chanl!es will be allowed to tbe Dlat dated ADril 5. 2005. exceBt chane:es reauired bv governmental al!"encies or other minor chan es a roved b ovemmental a endes which do no increase densi or daily vehicle triDs. ExceDt for minor lot size adiustments between adiace~ perbneter lots. no Derimeter lot in the subdivision shall be reduced in siz! below the souare footsl!e shown on the DfeUDlinarv blat dated Anril 5. 2005. All Derimeter lots shall remain as single home residential lots that cannot be further subdivided or solit as Dart of this subdivision. The oreliminarv Dlat dated ADrilS. 2005. is hereby included as a condition of aDDroval for develoDin2 the subject DrODertv: That the aDDlicant shall develOD a weed control and maintenance Dlan for the undeveloDed areas of the subdivision: That the annlicant shall develoD a !!radin2 and draina2e Dlan for the five (5) lots on the northwest corner of the subdivision: and~ That the aDDlicant's Dlnns for retention and/or treatment of storm water prior to leavinQ the site shall be submitted for review and aoofoval of the Dartmoor BOA President. which shall not be unreasonablv withheld. EXHIBIT E Kingsbridge Subdivision PP-05-004 Preliminary Plat Site Specific and Standard Conditions SITE SPECIFIC CONDITIONS (pRELIMINARY PLAT) 1. The 3~page preliminary plat prepared by The Land Group, Inc., dated April 5. ~ is approved with the conditions listed herein. All conditions of the Conditional Use Permit (CUP-05-004) application shall also be considered conditions of the Preliminary Plat (PP-05-004). 2. Provide a public stub street to the Blackmer Property (Parcel No. R3193250030), approximately 450-feet east of the west property line (in alignment with Darlington Way). , 3. Provide approximately lOO-feet of frontage on Kingsbridge Drive for Lot 14, Block 2, by incorporating Lot 13, Block 2, into Lot 14, Block 2. Refuse service for Lot 14, Block 2, shall be from Kingsbridge Drive and not Zaldia Lane. Trash cans for Lot 14 shall be brought to the. curb of Kings bridge Drive. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service, per City Ordinance Section 5-7-517, when services are available from the City of Meridian. Wells may be used for non-domestic purposes such as landscape irrigation, The applicant shall be responsible for payment of and the actual physical sanitary sewer and domestic water connection for the existing house. 4. Revise the following notes on the preliminary plat as folIQws: Note 7 shall be revised by adding a second sentence that reads: "Setbacks shall be measured from the property line or the adjacent sidewalk, whichever is more restrictive." Note 12 shall be amended by removing Lot 13, Block 2, from being a BOA lot, and Lot 29, Block 2, shall be added to the list ofROA lots. Note 14 shall be removed (see Condition #3 above). Add a note stating that the HOA is responsible for keeping Lot 9, Block 1, and Lot 20, Block 2, free of weeds and debris and is subject to a 60-foot wide irrigation easement. S. All irrigation ditches, laterals, and canals (including the Ten Mile Feeder) intersecting, crossing or lying adjacent and contiguous to the. area being subdivided shall be tiled per MCC 12.4-13. The applicant shall also pipe the tail ditch beginning at the Dartmoor irrigation pond (along Eagle Road, north of Dartmoor Drive) through the subject site. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or non-approval submitted to the Public Works Department. IflateraI users association approval can not be obtained, plans will be reviewed and approved by the City Engineer prior to final plat signature. 6. The applicant has indicated that the pressurized irrigation system within this development will be owned and operated by the homeowners' association. Underground year~round pressurized inigation must be provided to all lots within this development (MCC 12-5-2.N). The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 12-13-8.3). The applicant shall be required to utilize any existing surface or well water for the primary source. If a surface or well source is not available, Ii single-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer shall be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. If the system is to remain private, a draft copy of the pressurized irrigation system O&M manual must be submitted prior to plan approval. 7. The submitted 4~page landscape plan prepared by The Land Group, Inc., dated 1- 14-05 is approved as submitted, with the follOwing notes/modifications: · Per MCC 12-13-13-3, any tree over 4" in caliper that is removed from the property shall he replaced by installing additional trees, being the equivalent number of caliper inches of trees that were removed. To mitigate for the existing trees on site, provide additional trees as shown on the landscape plan. o The .D~licant ,baD lostoll vin.1 Drl.... fencin. ateDdln. a1on~ the north propertv lines (incluWnfl the portion of the north side of Lot 9 Block 1) and extendinq aloll1~ the Dorfio>> ofthe south boundarY oeLot 17. Block 2: Install either 5400t wroue:ht iron or 6~foot vinvl orivacv fence on all other Rroiect Derimeters. All fences shall taper down to 3 feet maximum within 20 feet of all right-of-w.y. Fencln. on the north ,ide of Lot 9 Bloek 1~ ,h.n he cowDleted prior to issuance of the fll'st bulldini! nermit in Kin sbridl'!e Subdivision. , · All micropaths within the proposed subdivision shall be designed in accordance with MCC 12-13~15 "Micropath Landscaping" and MCC 12-4-3 "Pedestrian Walkways.1I Micropath fencing shall be constructed per MCC 12- 13-J 5-9, as proposed. · Depict a minimum 40-foot wide landscape buffer along Eagle Road (including a 5-foot wide detached sidewalk)~ as proposed. Said landscape buffer shall be located beyond the 48-feet shown as future street right~of-way, · All areas being counted toward the open space requirement shall be free of "wet ponds" or other such nuisances. All stormwater detention facilities incorporated into the required open space are subject to Ordinance 12~13-14 and shall be fully vegetated with grass and trees, as depicted on the submitted landscape plan. · Along Zaldia Lane, the applicant shall construct a 5~foot wide landscape strip, south of the 6-foot vinyl privacy fence. An evergreen tree shall be installed every 20-feet on center within the landscape strip. · The applicant shall construct a benn (maximum 4: 1 slope) within the 20-foot wide buffer strip along ZaIdi a Lane. Said berm shall produce a total vertical screen of II-feet (6-foot privacy fence on top of a 5-foot henn). Vertical screen height to he measured from the Zaldia Lane/south property line established grade. · Lot 1. Block 5. shall be landsc3t:led with !!rass and evemreen trees to comolete an iUlDroved buffer between the adioininf! Dartmoor homeowner and South Merrivale Way. LandacDini! shall be installed prior to the issuance of the fIrst buildini! oermit in Phase 2 (second f'mal plat nhase). The approved landscape plan is not to be altered without prior written approval of the Planning & Zoning Department. 8. Prior to signature of the final plat by the City Engineer, all Structures on Lots I, 2, and 8. Block I shaH be removed. 9. All buildable lots within the subdivision, including Lot 18, Block 2, shall be a minimum of 12,000 square-feet. 10. For all street bulb-outs with landscape islands, paint the curb red and provide signage "No parking fire lane." All roadways shall have a tuming radius of 28- feet inside and 48- feet outside. 1 I. Sanitary sewer and water service to this development shall be from extensions of existing mains that were installed as part of the Messina Village Subdivision. 12. Applicant will be responsihle to construct the sewer and water mains to and through this proposed development, thereby making them available to adjacent properties. Subdivision designer to coordinate main sizing and routing with the Public Works Department. Applicant shall execute City of Meridian standard fonn of easements, for any mains or facilities that are required to provide service. 13. In accordance with MCC 12-13-10-8, Applicant shall provide 5-foot detached sidewalks adjacent to Eagle Road, as proposed. Applicant shall also provide 4- foot detached sidewalks adjacent to the internal public streets, as proposed. 14. Maintenance of all common area lots shall be the responsibility of the Kingsbridge Homeowners; Association. 15. Direct lot access to Eagle Road is prohibited. A note shall be placed on the final plat restricting access to Eagle Road. 16. The followinl! lots shall be restricted to a smilie storv residence includinll a maximum Deak of 25-feet and a 10:12 maximum Ditch. with no bonus rooms in the attic sn8ce: Lots S. 6. 7. 8.14.15.22.31 and 32. Block 2 Lots 3. 4 5. 30 and 31. Block 1 Lots 17 and 18. Block 18 Lots 2. 3. 4 and 5. Block 5 Lots 22. 23. 24 and 25. Block 7 A note shan be vlaeed on the f"mal nlath) statinl!'the heil!ht restriction for the above-listed lots. 17. Place a note on the face of the rm31 olat statinl! that all oerimeter lots have a minimum 25-foot rear yard setback. 18. South Ivv Bridl!e Way shall be redesil!Ded to terminate in a cui-dc-sac and not connect with Kinl!sbridl!e Drive from Merrivale Way (as shown in the preliminarv olat dated Aoril S. 2005l. 19. The minimum house size for a sin!!le-storv dwellint!: shall be 2.000 souare feet and the minimum house size for a two stOry home shall 'be 2 400 sauare fect. A note shaD be placed on the face of the final nlaUs) statin!! the souare footal!e minimums. GENERAL CONDITIONS (pRELIMINARY PLAT) I. All grading of the site shall be performed in confonnance with MCC 11-12-3H. 2. Sidewalks shall be installed within the subdivision and on the perimeter of the subdivision pursuant to MCC 12-13-10-8. 3. A letter of credit or cash surety in the amount of 110% will be required for all fencing, landscaping, pressurized irrigation, sanitaxy sewer, water, etc., prior to signature on the final plat. 4. A detailed landscape and fencing plan, in compliance with the landscape and subdivision ordinance and as noted in this report, shall be submitted for the subdivision with the final plat application. 5. Coordinate fire hydrant placement with the City of Meridian Public Works Department. 6. One-hundred-watt, high-pressure sodium streetlights will be required at locations designated by the Public Works Department. All streetlights shall be installed at subdividerls expense. Typical locations are at street intersections and/or fire hydrants. Final design locations and quantity are detennined after power designs are completed by Idaho Power Company. The street light contractor shall obtain design and permit from the Public Works Department prior commencing installations. 7. Any tree over 4" in caliper that is removed from the property shall be replaced by installing additional trees, being the equivalent nWllber of caliper inches of trees that were removed. Required landscaping trees will not be considered as replacement trees for those trees that have to be mitigated. 8. Submit any up-dated groundwater/soils monitoring data, as collected and analyzed by a soils scientist) to the Public Works Department for review. Any drainage areas (detention/retention basins) must be designed to ensure that water will percolate or discharge with a period of time not to exceed 24-hours for all stonns up to and including a IOO-year stonn events. Side slopes within drainage areas shall not exceed 3: 1. Any portion of a drainage area not improved with sod/grass seed (or other approved landscaping) shall not count towards the required open space area. The project engineer should pay close attention to the results of field studies detennining the groundwater, soil type & and characteristics.during the design and construction phases. The engineer shall be required to certify that the street centerline elevations are set a minimum of3-feet above the highest established nonnal groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least I-foot above groundwater. 9. The applicant shall coordinate mailbox locations with the Meridian Post Office. 10. Any existing domestic wells andlor septic systems within this project will have to be removed from their domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells may be used for non-domestic purposes such as landscape irrigation. 11. Compaction test results must be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 12. Applicant's engineer will be required to submit a signed, stamped statement certifying that all street finish centerline elevations are set a minimum of three feet above the highest established nonnal groundwater elevation. 13. The applicant shall be required to pay Public Works development plan review, and construction inspection fees, as detennined during the plan review process, prior to signature on the final plat per Resolution 02-374. 14. Applicant shall be responsible for application and compliance with any Section 404 Pennitting that may be required by the Army Corps of Engineers. 15. Applicant shall be responsible for application and compliance with and NPDES Pennitting that may be required by the Environmental Protection Agency. 16. Staff's failure to cite specific ordinance provisions or terms of the approved annexation/conditional use does not relieve the applicant of responsibility for compliance. 17. Preliminary plat approval shall be subject to the expiration provisions set forth in MCC 12-2-4. AGENCY COMMENTS AND CONDITIONS MERIDIAN FIRE DEPARTMENT . I. One and two family dweIlings will require a fire-.flow of 1,000 gallons per minute available for duration of 2 hours to service the entire project. Fire hydrants shall be placed an average of 500' apart. International Fire Code Appendix C. 2. Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 Yz" outlet face the main street or parking lot aisle. b. The Fire hydrant shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works spec. d. Locations with fire hydrants shall have the curb painted red 10' to each side of the hydrant location. e. Fire Hydrants shall he placed on comers when spacing permits. f. Fire hydrants shall not have any vertical obstructions to outlets within 10'. g. Fire hydrants shall be placed (8" above finish grade. 3. The phasing plan may require that any roadway greater than ISO-feet in length that is not provided with an outlet shall be required to have an approved turn around. 4. All entrance and internal roads shall have a. turning mdius of 28-feet inside and 48- feet outside radius. 5. For all Fire Lanes (including bulb-outs with landscape iSlands/"buttons"), paint the curb red and provide sign age <<No Parking Fire Lane'\ 6. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. 7. To increase emergency access to the site a minimum of two points of access will be required for any portion of the project, which serves more than 50 homes. The two entrances shall be separated by no less than ~ the diagonal measurement of the project. 8. The proposed project lies outside the five-minute response zone goal. Achievement of this goal is subject to budgetary constraints and is intended to enhance the probability of a favorable outcome on a request for Basic Life Support. The budget constraints are typically defined as capital outlay for facilities that are located within 1.5 miles from a given location and sufficient operational funds to staff the facilities. 9. All portions of the buildings located on this project must be within 150' of a paved surface as measured around the perimeter of the building. 10. Where a portion of the facility or building hereafter constructed or moved into or within the jurisdiction is more than 400 feet (l22 m) from a hydrant on a fire apparatus access road, as measured by an approved route around the exterior of the facility or building, on-site fire hydrants and mains shall be provided where required by the code official. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2 the distance requirement shall be 600 feet (183). a. For Group R~3 and Group U occupancies, the distance requirement shall be 600 feet (183 m). b. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2, the distance requirement shall be 600 feet (183 m). MERIDIAN PARKS DEPARTMENT 1. Standard for Mitigation of trees; The standard established in the City of Meridian Landscape Ordinance will be followed. 2. Standard Plan for Protection of Existing Trees during Construction: The standard established in the City of Meridian Landscape Ordinance will be followed, CENTRAL DISTRICT HEALTH DEPARTMENT 1. This proposal can be approved for centr~l sewage & central water after written approval from appropriate entities is submitted. 2. The Applicant's central sewage and central water plans must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental QUality. 3. Run-offis not to create a mosquito breeding problem. 4. Stonnwater shall be pretreated through a grassy swaIe prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. 5. The Engineers and architects involVed with the design of the subject project shall obtain current best management practices for stormwater disposal and design a stormwater management system that prevents groundwater and surface water degradation. NAMPA & MERIDIAN IRRIGATION DISTRICT 1. If all storm drainage is retained on-site there will be no impact on Nampa & Meridian Irrigation District and no further review will be required. If any surface drainage leaves the site, the Nampa & Meridian Irrigation District requires that a Land Use Change Application is filed for review prior to final platting. Please contact Donna Moore at 466~ 7861 for further infonnatiou. 2. AIl laterals and waste ways must be protected. 3. The developer must comply with Idaho Code 31-3805. It is recommended that irrigation water be made available to aJl developments within the Nampa & Meridian Irrigation District. ADA COUNTY HIGHWAY DISTRICT Site Specific Conditions of Approval 1. Dedicate 48-feet of right-of-way from the centerline of Eagle Road abutting the parcel by means of a warranty deed. The right-of-way p1.trchase and sale agreement and deed must be completed and signed by the applicant prior to scheduling the final plat for signature by the ACHD Commission or prior to . issuance of a building pennit (or other required permits), whichever occurs first. Allow up to 30 business days to process the right-of-way dedication after receipt of all requested material. The owner will be paid the fair market value ofthe right-of~way dedicated which is an addition to existing ACHD right-of-way. 2. Construct a 5-foot wide detached sidewalk on Eagle Road abutting the site located a minimum of 41-feet from the centerline of the roadway. 3. Construct a southbound left turn lane on Eagle Road at the'intersection with Kingsbridge Drive, as reconunended by the Traffic hnpact Study. Provide a minimum of 100- feet of storage with shadow tapers for both the approach and departure directions 4. Construct a northbound right-turn lane at the sight approach intersection with Eagle Road, as recommended by the submitted Traffic Impact Study. S. Construct Kingsbridge Drive as a residential collector from Eagle Road to the easternmost property line. This roadway shall be a 36-foot street section with vertical curb, gutter, and 5-foot concrete sidewalks within 50-feet (minimum) of right-of-way. Provide an easement to the District for any portion of the sidewalk that is outside of the public right-of-way. Stripe Kingsbridge Drive at the intersection with Eagle Road, to accommodate simultaneous left and right turn movements onto Eagle Road. 6. Construct the internal local roadways as 36-foot street sections within 50-feet of right-of-way with rolled curb1 gutter and 5-foot concrete sidewalks. If the sidewalk meanders outside of the right~of-waYt the applicant should provide the District with an easement for the sidewalk. 7. Extend Dartmoor Drive into the site as proposed. There shall only be one street connection to the existing Dartmoor Drive from the new subdivision, as proposed on the revised layout (See attachment #5). 8. Any landscape islands or medians shall be owned and maintained by the homeowner's association. Notes of this are required on the final plat. 9. Construct Kingsbridge Drive a stub street to the east property line, as proposed, approximately 440-feet north of the Ten Mile Lateral, to serve the adjacent 9.0 acre parcel. Install a sign at the terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE." 10. Construct Ivybridge Way as a stub street to the north property line approximately 130-feet east ofthe west property line. Install a sign at the tenninus of the stub street stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE. tl 11. Construct Stockenham Way as a stub street to the north property line approximately l80-feet west of the east property line. Install a sign at the tenninus of the stub street stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE." 12. Provide an easement across the landscape lot OR public right~of-way frontage for the existing home on Lot 14) Block 2. When the property with the existing home re-develops (approximately 2.75-acres), it will be required to extend Kingsbridge Drive through the site as a stub street to the east property line, 13. Other than the access that is specifically approved with this application, direct lot access to Eagle Road is prohibited and shall be noted on the final plat. 14. Comply with aU Standard Conditions of Approval. Standard Conditions of Approval 1. Any existing irrigation facilities shan be relocated outside of the right-of-way. 2. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 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. 4. 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. 5. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifiCally waived herein. An engineer registered in the State ofIdaho shall prepare and certify all improvement plans. 6. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 7. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 8. Payment of applicable road inipact fees are required prior to building construction in accordance with Ordinance #200, also known as Ada County Highway District Road Impact Fee Ordinance. 9. 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 (l- 800-342-1585) 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. 10. 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 the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 11. Any change by the applicant in the planned use of the property which is the subject ofthis application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal reliefis granted pursuant to the law in effect at the time the change in use is sought. ExnffiIT F Kingsbridge Subdivision CUP-05-004 CUPIPD Site Specific and Standard Conditions SITE SPECIFIC CONDITIONS (CONDITIONAL USE PERMIT) 1. The 2.page site plan prepared by The Land Group, Inc., dflted April 5. 2005, is approved with the conditions listed herein. All conditions of the Preliminary Plat application shall also be considered conditions of the Conditional Use Permit (CUP-05-004) application. 2. The project shall conform to the R-3 dimensional standards, modified as follows: · Minimum lot frontage: 60-feet (non-cuI-de sac); 30-feet for cul-de-sac lots · Minimum lot size: 12,000 square-feet · Maximum Block Length: Approximately 1,325 feet (per the Preliminary Plat) 3. The following amenities are required as part of the Planned Development, per the application: 10% open space, a community park on Lot 10, Block I, that contains a swimming pool, a BBQ area with picnic tables and a tot lot, another park (Lot 1, Block 8) that contains a water feature, benches and a walking pa1:h; a landscaped boulevard corridor with street trees in the 8-foot planter strips between the street and the detached sidewalk, a walking path along the south side of the Ten Mile Feeder, a walking path along the north bOWldary, smaller open space pockets, a bridge monument, and ornamental street lights. The applicant shall be required to obtain a Certificate of Zoning Compliance (C2C) from the City prior to construction of any pennanent Structures on the proposed park lots. 4. Construction of homes within Kingsbridge Subdivision shall substantially comply with the four (4) elevations submitted by the applicant. Construction materials used on the Structures shall be approved by the City of Meridian Building Department and in accordance with the most recent Uniform Building Code. 5. The applicant shall install a sign on Lot 13, Block 1, informing construction personnel that they must use Kingbridge Drive, not Dartmoor Drive as access to the site. Further, the applicant shall install a sign on both sides of Kingsbridge Drive, on Lot 1, Block 2, and Lot 8, Block I, identifYing Kingsbridge Drive as the only entrance for construction traffic. AGENCY COMMENTS AND CONDITIONS MERIDIAN FIRE DEPARTMENT 1. One and two family dwellings will require a fire-flow of 1,000 gallons per minute available for duration of 2 hours to service the entire project. Fire hydrants shall be placed an average of 500' apart. International Fire Code Appendix C. 2, Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 12" outlet face the main street or parking lot aisle. b. The Fire hydrant shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works spec. d, Locations with fire hydrants shall have the curb painted red 10' to each side of the hydrant location. e, Fire Hydrants shall be placed on corners when spacing permits. f. Fire hydrants shall not have any vertical obstructions to outlets within 10'. g. Fire hydrants shall be placed 18" above finish grade. 3. The phasing plan may require that any roadway greater than ISO-feet in length that is not provided with an outlet shall be required to have an approved turn aroWld. 4. All entrance and internal roads shall have a turning radius of 28-feet inside and 48- feet outside radius. . 5. For all Fire Lanes (including bulb-outs with landscape islands/"buttons"), paint the curb red and provide signage "No Parking Fire Lane", 6. Operational fire hydrants and temporary or pennanent street signs are required before combustible constroction begins. 7. To increase emergency access to the site a minimum of two points of access will be required for any portion of the project, which serves more than 50 homes. The two entrances shall be separated by no less than Y2 the diagonal measurement of the project. 8. The proposed project lies outside the five-minute response zone goal. Achievement of this goal is subject to budgetary constraints and is intended to enhance the probability of a favorable outcome on a request for Basic Life Support, The budget constraints are typically defined as capital outlay for facilities that are located within 1.5 miles from a given location and sufficient operational funds to staff the facilities. 9. All portions of the buildings located on this project must be within ISO' of a paved surface as measured around the perimeter of the building. 10. Where a portion of the facility or building hereafter constructed or moved into or within the jurisdiction is more than 400 feet (122 m) from a hydrant on a 'fire apparatus access road, as measured by an approved route around the exterior of the facility or building, on-site fire hydrants and mains shall be provided where required by the code official. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3 .1.1 or 903.3.1.2 the distance requirement shall be 600 feet (183). a. For Group R~3 and Group U occupancies, the distance requirement shall be 600 feet (183 m), b. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2, the distance requirement shan be 600 feet (183 m), MElUDIAN PARKS DEPARTMENT I. Standard for Mitigation of trees: The standard established in the City of Meridian Landscape Ordinance will be followed. 2. Standard Plan for Protection of Existing Trees during Construction: The standard established in the City of Meridian Landscape Ordinance will be followed.. CENTRAL DISTRICT HEALTH DEPARTMENT 1. This proposal can be approved for central sewage & central water after written approval from appropriate entities is submitted. 2. The Applicant's central sewage and central water plans must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality. 3. Run.offis not to create a mosquito breeding problem. 4. Stonnwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. 5. The Engineers and architects involved with the design of the subject project shall obtain current best management practices for stonnwater disposal and design a stonnwater management system that prevents groundwater and surface water degradation. NAMPA & MERlDIAN IRRIGATION DISTRICT 1. If all storm drainage is retained on~site there will be no impact on Nampa & Meridian Irrigation District and no further review will be required. If any surface drainage leaves the site~ the Nampa & Meridian Irrigation District requires that a Land Use Change Application is filed for review prior to final platting. Please contact Donna Moore at 466~7861 for further information. 2. All laterals and waste ways must be protected. 3. The developer must comply with Idaho Code 31-3805. It is recommended that irrigation water be made available to all developments within the Nampa & Meridian Irrigation District. ADA COUNTY HIGHWAY DISTRICT Site Specific Conditions of Approval 1. Dedicate 48~feet afright-of-way from the centerline of Eagle Road abutting the parcel by means of a warranty deed. The right-of-way purchase and sale agreement and deed must be completed and signed by the applicant prior to scheduling the final plat for signature by the ACHD Commission or prior to issuance of a building permit (or other required permits), whichever occurs first. Allow up to 30 business days to process the right-of-way dedication after receipt of all requested material. The owner will be paid the fair market value of the right-of-way dedicated which is an addition to existing ACHD right-of-way. 2. Construct a 5-foot wide detached sidewalk on Eagle Road abutting the site located a minimum of 41-feet from the centerline of the roadway. 3. Construct a southbound left twn lane on Eagle Road at the intersection with Kingsbridge Drive, as recommended by the Traffic Impact Study. Provide a minimum of lOO-feet of storage with shadow tapers for both the approach and departure directions 4. Construct a northbound right-turn lane at the sight approach intersection with Eagle Road, as recommended by the submitted Traffic Impact Study. 5, Construct Kingsbridge Drive as a residential collector from Eagle Road to the easternmost property line. This roadway shall be a 36-foot street section with vertical curb, gutter, and 5-foot concrete sidewalks within 50-feet (minimum) of right-of-way. Provide an easement to the District for any portion of the sidewalk that is outside of the public right-of-way. Stripe Kingsbridge Drive at the' intersection with Eagle Road, to accommodate simultaneous left and right turn movements onto Eagle Road. 6. Construct the intemalloca1 roadways as 36-foot street sections within 50-feet of right-of-way with rolled curb, gutter and S.foot concrete sidewalks. If the sidewalk meanders outside of the right-of-way, the applicant should provide the District with an easement for the sidewalk. 7. Extend Dartmoor Drive into the site as proposed. There shall only be one street connection to the existing Dartmoor Drive from the new subdivision, as proposed on the revised layout (See attachment #5). 8. Any landscape islands or medians shall be owned and maintained by the homeowner's association. Notes of this are required on the final plat. 9. Construct Kingsbridge Drive a stub street to the east property line, as proposed, approximately 440-feet north of the Ten Mile Lateral, to serve the adjacent 9.0 acre parcel. Install a sign at the tenninus of the roadway stating that, IITHIS ROAD WILL BE EXTENDED IN THE FUTURE.u 10. Construct Ivybridge Way as a stub street to the north property line approximately 130-feet east of the west property line. Install a sign at the terminus of the stub street stating that, tTHIS ROAD WILL BE EXTENDED IN THE FUTURE." 11. Construct Stockenham Way as a stub street to the north property line approximately 180-feet west ofthe east property line. Install a sign at the terminus of the stub street stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE." 12. Provide an easement across the landscape lot OR public right-of~way frontage for the existing home on Lot 14, Block 2. When the property with the existing home re-develops (approximately 2.7S-acres), it will be required to extend Kingsbridge Ori ve through the site as a stub street to the east property line. 13. Other than the access that is specifically approved with this application, direct lot access to Eagle Road is prohibited and shall be noted on the final plat. 14. Comply with all Standard Conditions of Approval. Standard Conditions of Approval 1. Any existing irrigation facilities shall be relocated outside of the right-of-way. 2. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 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. 4. 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 munbers) for details. 5. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless spe<:ificalIy waived herein. An engineer registered in the State ofIdaho shall prepare and certify all improvement plans. . 6. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 7. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 8. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #200, also known as Ada County Highway District Road Impact Fee Ordinance. 9. It is the responsibility ofthe applicant to verify aU 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- 800-342-1585) 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. 10. No change in the terms and conditions ofthis 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 the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 11. Any change by the applicant in the planned use of the property which is the subject oftrus application, shall require the applicant to comply with all rules, regulations, ordinances) plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. EXHIBIT G Kingsbridge Subdivision AZ-05-003 Zoning Amendment Findings According to Ordinance 11-15-11, General Standards Applicable to Zoning Amendments, both the P&Z Commission and Council are required "to review the particular facts and circumstances of each proposed zoning amendment in terms of the following standards and shall find adequate evidence answering the following questions about the proposed zoning amendment." The following is the list of standards found in 1] -15-11 and analysis of the facts and circumstances: A. Will the new zoning be harmonious with and in accordance with the Comprehensive Plan and, if not, has there been an application for a Comprehensive Plan amendment; In Chapter VII of the Comprehensive Plan, {medium density' is defined as areas including single-.family homes at densities of three to eight dwelling units per acre; 'low density' consist of single-family homes at densities of three dwelling units or less per acre. City Council finds that the requested zoning designation, R- 3, is harmonious with and in accordance with the 2002 Comprehensive Plan and Future Land Use Map, which designates the land to be "Low Density Residential" north of the Ten Mile Feeder, and "Medium Density Residential" adjacent to Eagle Road. The 1.69 dwelling units per acre proposed with the preliminary plat is consistent with previous Commission and Council actions and generally conforms to the goals, obj ectives, and action items contained in the Comprehensive Plan for this area. In addition, in the applicant's cover letter (dated January 14, 2005) several Comprehensive Plan policies are listed, all of which support the annexation and proposed. residential use of the property. B. Is the area included in the zoning amendment intended to be rezoned in the future; Concurrent with the annexation and zoning application, the applicant bas submitted a preliminary plat and conditional use pennit proposing single-family lots on the subject site (pP-05-004 & CUP-OS-004). City Council does not anticipate that the applicant plans to rezone the subj ect property in the future if the accompanying CUP/PD and PP applications are approved. C. Is the area included in the zoning amendment intended to be developed in the fashion that would be allowed under the new zoning -for example, a residential area turning into a commercial area by means of conditional use permits; City Council finds that the proposed development would be allowed within the requested R-3 zone, (if the accompanying Conditional Use Permit for a Planned Development is also approved). D. Has there been a change in the area or adjacent areas which may dictate that the area should be rezoned. For example, have the streets been widened, new railroad access been developed or planned or adjacent area being developed in a fashion similar to the proposed rezone area; There have been no recent street improvements in the area. However, the intersection of Eagle Road and Victory Road is within ACHD's Five Year Work Program for reconstruction in 2007. Eagle Road is currently in the ACHD CIP (20-year plan) for road widening to 3-lanes. If the Commission and Council approve the requested annexation application, this will be the first property in Section 28, Township 3 North, Range 1 East to be annexed into the corporate limits of the City of Meridian. The subject property is currently surrounded by one to five-acre parcels-rural-type density. However, just across Eagle Road from the subject site Tuscany. Lakes Subdivision was approved for development at 2.4 gross dwelling units per acre (sewer and water service lines were brought down Eagle Road, directly adjacent to the northwest comer of the subject property). The proposed zoning and subsequent residential density~ 1.69 dwelling units per acre, is lower than Tuscany Lakes but considerably denser than the surrounding county parcels. City Council finds that the requested zoning and proposed density is within the anticipated range for a lower density urban project. "Further, based on the Comprehensive Plan, City Council believes that some of the existing large county parcels in the area will redevelop with similar densities in the near future. E. Will the proposed uses be designed, constructe~ operated and maintained to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and that such use will not change the essential character of the same area; The applicant has submitted four (4) front elevations for the proposed dwelling units. City Council believes that the design of the dwelling units will be compatible with the adjoining uses, if the buildings are constructed as shown on the submitted elevations. Even though the proposed and existing uses are the same, residential, City Council finds that the proposed density of the residential use will change the existing character of the area, which is largely rural. However, the proposed development is generally harmonious with the intended character envisioned by the Comprehensive Plan and previous Commission and Council action on this site. City Council does not find that the proposed zoning/uses will adversely change the essential character of area. City staff has received several calls, e-mails and letters from adjacent property owners concerned about the subject development, the Commission and Council have consider the adjacent property owners concerns and appropriate measures to address their concerns. F. Will the proposed uses not be hazardous or disturbing to existing or future neighboring uses; The Commission and Council should rely on public testimony (oral and written) to detennine whether or not the proposed use will be disturbing or hazardous to the existing or future neighboring uses. City Council does not anticipate that the proposed use will be disturbing to future or existing neighbors, as long as landscaping, fencing and other recommended conditions are exercised. Further, City Council does not anticipate that the proposed residential use will be hazardous as long as the conditions outlined in this report are complied with and construction traffic and house construction is conducted in a manner consistent with City Code and the conditions of this report. G. Will the area be served adequately by essential public facilities and services such as highways, streets, poliee and fire protection, drainage structures, refuse disposal, water, sewer or that the person responsible for the establishment of proposed zoning amendment shall be able to provide adequately any ofsuch services; The applicant will be responsible for the extension of utilities to and through this proposed development. Sizing and routing shall be coordinated with the Public Works Department. The applicant and/or future property owners will be required to pay park and highway impact fees. On October 6, 2004, ACHD approved the previous Kingsbridge development with site-specific and standard conditions. The applicant should comply with all amended requirements of the ACHD for the revised application. Please review the ACHD report for additional information regarding this finding. On February 11, 2005, ajoint agency/department comments meeting was held with representatives of key service providers to this property. Based on the joint agency/department meeting and other comments received from agencies/departments, City Council finds that the public services listed above can be made available to accommodate the proposed development. The Commission and Council reference any written andlor verbal testimony submitted by any public service provider, regarding their ability to adequately service this project. NOTE: Sanitary Services Company will not use Zaldia Lane (private) to pick up trash for the proposed Lot 14, Block 2. Therefore, trash caps for Lot 14, Block 2, should be pulled to the curb of Kingsbridge Drive. H. Will Dot create excessive additional requirements nt public cost for public facilities and services and will not be detrimental to the economic welfare of the community; If approved) the developer will finance the extension. of sewer, water, utilities) pressurized irrigation, and local street infrastructure to serve the project. The primary public costs to serve the future residents will be fire and police services. City Council finds that there will not be excessive additional requirements at public cost and that the annexation and zoning will not be detrimental to the community's economic welfare. I. Will the proposed uses not involve uses, activities, proce~ses~ materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; According to the amended Traffic Impact Study (TIS) prepared by Dobie Engineeringt Inc., the proposed project is anticipated to generate 1 t235 vehicle trips per day. Of that traffic, 300 additional vehicle trips per day are anticipated on the existing Dartmoor Drive in Dartmoor Subdivision. The previous TIS anticipated 800 additional vehicle trips per day on Dartmoor Drive. Based on the revised plat and TISt substantially fewer vehicles will use Dartmoor Drive as access to/from the proposed development. City Council recognizes that traffic and noise will increase with the approval of this subdivision; however, City Council does not believe that the amount generated will be detrimental to the general welfare of the public. City Council does not anticipate the proposed annexation and subsequent uses will create excessive noise, smoke, fumes, glare, traffic (see Finding "J" below), or odors. To lessen the impact of this development on the existing residences in Darbnoor Subdivision, City Council recommends that construction traffic be prohibited from utilizing Dartmoor Drive or the ditch rider's access road to the Ten Mile Feeder. City Council finds that the proposed residential zoning/uses will not be detrimental to people, property or the .general welfare of the area. J. Will the area have vehicular approaches to the property which shaD be so designed as not to create an interference with traffic on surrounding public streets; The applicant is proposing to construct one new public street entrance into the site from Eagle Road (Kingsbridge Drive). The applicant is also proposing to extend a stub street (Dartmoor Drive) into the site that was approved with the Dartmoor Subdivision. Dartmoor Drive currently has 32-feet of pavement and no curb, gutter, or sidewalk. Dartmoor Drive is currently not striped for non-vehicular traffic. As mentioned in the above finding, the extension of Dartmoor Drive will cause traffic volumes on the existing portion of the street to increase. However, if the extension ofDartmoor Drive is constructed as approved by ACHD, City Council does not believe that the subdivision will create interference with traffic on the existing public street. If all proposed vehicular approaches (streets) are approved and accepted by ACHD, City Council does not believe that the subdivision will create interference with traffic on the surrounding public streets. Please review the ACHD report for tills project for additional infonnation regarding this finding. K. Will not result in the destruction, loss or damage of a natural or scenic feature of major importance; and There are several mature trees on this property. Any existing trees larger than 4" caliper that are removed should be mitigated for, per the Landscape Ordinance. If the on-site trees are protected and mitigated for, as. required by the Meridian Parks Department, City Council finds that the proposed development will not result in. the destruction, loss or damage of any natural feature( s) of maj or importance. L. Is the proposed zoning amendment in the best interest of the City of Meridian. (Ord. 592, llM17M1992)? The legal description submitted with the application, prepared by FOX Land Surveys, Inc., shows that the property is contiguous to the existing corporate boundary of the City of Meridian. City Council finds that all essential services are available or will be provided by the developer to the subject property and will not require unreasonable expenditure of public funds. The applicant is proposing to develop the land in substantial compliance with the City's Comprehensive Plan. City Council finds that this is a logical expansion of the City limits. In accordance with the findings listed above, City Council finds that the annexationJzonin~ of this DfOoertv would be in the best interest of the City. EXHIBIT H Kingsbridge Subdivision PP-OS-004 Preliminary Plat Findings Sections 12~3-3 J.2 and 12-3-5 D read as follows: urn detennining the acceptance of a proposed subdivision, the ConunissionlCouncil shall consider the objectives of this title and at least the following: A. The conformance of the subdivision with the Comprehensive Development Plan; City Council finds that the subdivision appears to be in general conformance with the Comprehensive Plan. See Zoning Amendment Finding "A". B. The availability of public services to accommodate the proposed development; City Council finds that public services can be made available to accommodate the proposed development. See Zoning Amendment Findings UGH and "H" for more details. C. The continuity orthe proposed development with the capital improvement program; Because the developer is installing sewer; water, and utilities for the development at their cost, City Council finds that the subdivision will not require the expenditure of capital improvement fimds. D. The public fmandal capability of supporting services for the proposed development; See Zoning Amendment Finding "H" and the Agency Co~ents and Conditions for more detail. E. The other health, safety or environmental problems that may be brought to the Commission'8 attention. City Council is not aware of any health, safety or environmental problems associated with the development of this subdivision. ACHD considers road safety issues in their analysis. ExaffiIT I Kingsbridge Subdivision CVP~05-004 CUPIPD Findings The Commission and Council shall review the particular facts and circumstances of each proposed conditional use in terms of the following and may approve a conditional use permit if they shall imd evidence presented at the hearing(s) is adequate to establish (11-17-3): A. That the site is large enough to accommodate the proposed Use and aU yards, Open spaces, parkin~ landscaping and othe.. features as may be required by this ordinance; As part of the Planned Development (PD) the applicant is requesting relief from the standard street frontage requirement of the R-3 zone, and the maximum block length required by Meridian City Code. See Special Consideration #1 for detailed analysis. City Council finds that the subject property is large enough to accommodate the requested use and all other required features. Although the site is large enough to accommodate all ofllie features required by ordinance, the applicant has asked, through the Planned Development, to modify the specific development standards listed above (frontage and block length). AU residential lots are of adequate size and shape to accommodate homes that would comply with the proposed bulk and dimensional standards. B. That the proposed use and development plan will be harmonious with the Meridian Comprehensive Plan and in accordance with the requirements of this Ordinance; The current Comprehensive Plan Land Use Map designates the property as Medium and Low Density Residential. As noted in the annexation analysis, City Council finds that the development appears to be in general conformance with the Comprehensive Plan. See Zoning Amendment Finding "A". C. That the design, construction, operation, and maintenance will be compatible with other uses in the general neighborhood and with the existing or intended character of the general vicinity and that such use will not adversely change the essential character of the same area; See Zoning Amen~ent Finding "E", D. That the proposed use, if it complies with all conditions of the approval imposed, will not adVersely affect other property in the vicinity; City Council finds that if all conditions are complied wiili; this development should not adversely affect other property in the vicinity, See Findings uF", "H", "I'~, and UJ" in the Zoning Amendment analysis. E. That the proposed use will be served adequately by essential public facilities and services such as highways, street, police, and fire protection, drainage structures, refuse disposal, water, sewer or that the person responsible for the establishment of proposed conditional use shall be able to provide adequately any such services; _ Please see Zoning Amendment Findings "0" and HH" Agency Comments and Conditions, and any comments that may be submitted to the City Clerk regarding this project. F. That the proposed use will not create excessive additional requirements at public cost for public facilities and services and wiU not be detrimental to the economic welfare of the community; See Zoning Amendment Finding "R", G. That the proposed use will not involve activities or processes, materials, equipment, and conditions of operation that will be detrimental to any persons, property, or general welfare by reason of excessive production of traffic, noise, smoke, fumes~ glare or odors; See Zoning Amendment Finding "I". B. That the proposed use will have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public streets; See Zoning Amendment Finding uJ". I. That the proposed use will not result in the destruction, Joss or damage of a natural, scenic or historic feature considered to be of major importance. See Zoning Amendment Finding "K", ~~~~~~fJci ~:'~~~~E~2~(A;lD NAVARRO DEPUTY Bonnie Oberbillig 1111111111111111111111111I11111111111 ~~~i~~~Egti REQUEST OF 105092056 AMOUNT ,60 CITY OF MERIDIAN ORDINANCE NO. tJ~- /161- BY THE CITY COUNCIL: BIRD, DONNELL, ROUNTREE~ WARDLE AN ORDINANCE (AZ-05-003 KINGSBRIDGE SUBDIVISION) FOR PROPERTY LOCATED WITHIN A PORTION OF THE SOUTH ~ OF THE NORTHWEST %, AND THE NORTH ~ OF THE NORTHWEST ~ OF THE SOUTHWEST %, SECTION 28, TOWNSHIP 3 NORTH, RANGE 1 EAST, 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,- ESTABLISH.. ING AND DETERMINING THE LAND USE ZONING CLASSIFICATION OF SAID LANDS FROM RUT (ADA COUNTY) TO R-3 (MEDIUM DENSITY) IN THE MERIDIAN CITY CODE; PROVIDING THAT COPIES OF TIDS ORDINANCE SHALL BE FILED WITH THE ADA COUNTY ASSESSOR, THE ADA COUNTY RECORDER, AND THE IDAHO STATE TAX COMMISSION, AS REQUIRED BY LAW; AND PROVIDING FOR A SUMMARY OF THE ORDINANCE; AND PROVIDING FOR A WAIVER OF THE READING RULES; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1. That the following described land as evidenced by attached Legal Description herein incorporated by reference as Exhibit "N' is within the corporate limits of the City of Meridian, Idaho, and that the City of Meridian has received a written request for annexation and re~zoning by the owner of said property, to-wit: Kingsbridge Properties, LLC SECTION 2. That the above-described real property is hereby annexed and re- zoned from RUT (Ada County) to R-3 (Medium Density) 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 ofIdaho, and the Ordinances of the City of Meridian to annex and re-zone said property. ANNEXATION OF AZ-05-003 KlNGSBRIDGE SUBDIVISION Page 1 of3 SECTION 5. That the City Engineer is hereby directed to alter all use and area maps as well as the official zoning maps, and all official maps depicting the boundaries and the zoning districts of the City of Meridian in accordance with this ordinance. SECTION 6. All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. SECTION 7. This ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. SECTION 8. The Clerk of the City of Meridian shall, within ten (10) days following the effective date of this ordinance, duly file a certified copy of this ordinance and a map prepared in a draftsman manner, including the lands herein rezoned, with the following officials ofthe County of Ada, State ofIdaho, 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 affinnative vote of one-half (1/2) plus one (1) of the Members ofthe 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. PASSED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this 2 &-I!: day of J ~ ,2005. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this 2fJ1!:. day of d WJ-L. , 2005. ~ ANNEXA nON OF AZ-05-003 KINGSBRIDGE SUBDIVISION Page 2 of3 STATE OF IDAHO, ) ) ss. County of Ada ) On this X"day of c... ) tA..!A. E- , 2005, before me, the undersigned, a Notary Public in and for said State, personally appeared T AMl\tIY de WEERD and WILLIAM G. BERG, JR., 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) ~~~~~~~;. ~'~';'~~~#,#,~ "..... ~ .......0 o..Jr,/',. .....41 ,:;.....'r- .. .. ".~ ~ ! l~OTA/(.r.." " ~ * f -.- i * i \ \ PUB1;\C.l j ~__ u:;':"~"" ~.... 0 ~~ 9-r4o..; Ii:; ',~y~\\) ~~........ .It............. "'......I:IUIIo'.....' ANNEXATION OF AZ-05-003 KlNGSBRIDGE SUBDIVISION Page 3 of3 EXHmIT A Kingsbridge Subdivision AZ-OS-003 Legal Description (3 pages) ! . FOX Land Surveys, Inc. 4696 OVel'lllnd Rd, SiT!! 182 ..I Boise Idaha ..I 337Q5 .1 208.342071157 ..I 2(18-342-7437 FAX PROPOSED KINGSBRtDGE SUBDIVISION LOT 11. BLOCK 2 OF DARTMOOR SUBDrVISJON WlffllN A PORTION OF THe SOUTtf % OF THE NQRTtlWE;ST y~, AND, THE NORTH Vi OF me. NORTli\'lEST % OF THe SOUTHWEST Y., SECTION 28, TOWNSHI~ a NORTH, RANGe 1 EAsT. BOISE M BR10lAN. ADA COUNlY, IDAHO Lot 11. Block 2 of Dartmoor SubdivisIon within a PQl1ion of The SOwu'! }5 of Ihe Northwest ~, end. lhtt North l4 of the Norlhwest X at'lhs Soolhwest iii, Section 2B, Township 3 North. Range 1 East, Boise Meridian, Ada County, Idaho, more paniClJJarJy described ae follows: Beglming at a found Brass Cap Monument marking the Northwest Corner of Section 28, Township 3 North. RanQe 1 EaSI, Boise Meridian, from which B found Brass O<:Ip Monument marking the % Comer common 10 Sections 21 and.2a bElars South ago36'03' East 'a dislance of 2,657.34 f&el; thence along the boundsry common to Sections 28 and 29 or said Township E,lnd ~ange. South 00"27'430 Wesl. a diStance of 2;641'.93 faElllo e 10000 518" rebar with rio cap, sel plastic t;ap slamped "FLSr PLS 76120, mark!ng the ~ comer common to Sl!{;tlons 28 arn:! 29 of said Township and Range, the TRUE POINT OF BEGINNING; Ihence along the East-West center line of Section 28, South 89"23'380 East, a distOOC8 of 45.00 feat 10 B sat 518" rebar with plastic cap Slamped oFLSI PlS 76120 on the Easterly rlght-of-way of Eagle Road. marking the Southwest comar d Lot 11. Block 2 o{ Dertmoor Subdiv~lllon; thenc& sfong said Easterly right-of-way of Eagle Road and !he Westerly boundary of said Lot 11, Bklck 2 of Dartmoor Subdivision, North 00"27'43" East a dll$tanca of 60.00 feet to a sel5l8O rebarwith plastic cap stamped "FI.SI PLS 7612' at the COmBr common 10 lot 11 anC! Lot i6 of said Dartmoor Subdivision; thence along \he boundaries of said Lot 11, BlOCk 2 of Dartmoor Subdivision Ihe following courses and dislances: South 89.23'38" East a dl:st.ance of 62B_24 feet a point, from which a found 14" rebar With plastic cap stamped "DHR PLS 3624" bears North 00025'38' East a distance of 0;63 feet- - Nwth 00025'38" East a distance of 228.03 feel t~ a set 518" rebllr With plastic cap slamped 'FLSI PlS 7612". North 12"21 '38" East a distance of 201.79 feet to' lh& southwest right-of-way of east Dartmoor Dove; South 89"25'57" East a distance of 81,12 feet to the northeast righl-of-way of East Dartmoor Drive; North 46"52'10" East a distance of 164.01 feet to Uat 518" rebarwith plastic ~ap stamped "FLSI PLS 7612", . ' North 00"30'11" Easl a distance of 723.68 feel to the NorthWEst corner of said Lot 11, Block 2 of Dartmoor Subdivision, from whicr a found W rebar with plastic cap stamped "DHR PLS 3524' bears South 00"30'11" Waste distance or 0.44 f6et; thence along the Northerly boundary of said Lot 11, Block 2 of Oartmoor Subdivision and the North 1/161h lioe of Seclion2S, South 89"30'15" East a distance of 1,741,56 feet to the Northeast comer of said lot 1 f and !he Center-North 1116lf1 comar of SBCtion 28, marked by a sel 5/8' rebar with plastic cap stamped "FlSI PLS 7612'; the~ along the Easterly boundary of said Lol 11, Block 2 of Dartmoor Subdivi sian and Ilia North-South center line of Section 28, South 00'29'23" West III distance of 1,325.46 feet to a found 1 Inch Iron Pin with no cap, Bet aluminum cap stamped "FLSI PLS 7612" marking lhe Southeast corne< of said LOI 11 and the Center of Section 28; lhence along the Southerly boundary of said L0111, the East-West centet line of Section 28, and the Northerly boundary of Kun2: HoUow SubdivisIon, North 89"25'12' West, a distance of 1,328.13 feet to a found 518' rabar with plastic cap stamped "LS 2723" marking the Cemer-West 1116'h corner of Section 2a and the Northwest comer of Kun.z Hollow Subdivision, thence along tile West 1116U1l1ne of Section 28 and the Westerly boundaly of Kunz Hollow Subdivision, South 00.33'59" West, a distance of 661.38 feet to a found Sta" rebaT with plastic Cap stamped "EHM 3260" marking the Southwest comer thereof end the ,Northeast corner of Zaldfen Zerua Subdivision; thence along the Northerly boundary of Zaldien Zerua Subdivision and lt1& Westerly extension th&reof, North 89021 '45" West a distan,ce of 1,325.54 feel a point on the Weslllll'fY boundary of Section 28 and the center line of South Eagle Road, marked by a set 518' Illbar with plastic cap stamped 'FLSI PLS 761.2"; thence along said Westerly boundary of Section 2B and the center line of South Eagle Road North 00037'13" East, a d[slance of 660.65 feat to the TRUE POINT OF BEGINNING, Conlairiing 3.341,734 square feal, 76.716 acres. mora or less. Sl,lbjecllo eJ<isling easements and rights-of-way as any may exist, of record or not of record. The Basis of Bearings for thili description is between the found Brass Cap Monument marking lhe Northwest Gamer of Section 28, Township 3 North, Range 1 East, Boise Meridian. and t~ found Brass Cap Monument marking the ~ COMer common to Saclions ::::~~~::,;:R=~:Of_~) ,~ ,~~W~~ of ~ ~ ~ ~ ~ ~ ~ je g 1,!/5 ~ U g I:~ ;: ~~~ ~ 1;1 ~~~ l!l~ ~ 2 Ji ~ z~~ ~~; ~)':Ii "'$r;~ 'J(h ...."tt~~..~lJ ~t'M_ '... 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OYOW tI""1'Dva H.LnOV .O:.'LIIZ' . ..(.,lia.oo ~ .. ..uso.co '" .J.V"." J:I-titOll .".t4U1OOY ,6D'D! .iz filII i~ a~ ~N: 3'::'''' ~i~ ~ j : I ~ i : ~ I f1) ~ ~ I ~ i I" 8 ~ w ~ ~ ~ ~ ~ ~ i!~ ~ ;g: (/) ~i\J ~ ~~~ '"I. ~ ~,~~ ~ J......... 'I ~ ~ k c.J ';a;' ~ ~ ~ ~ a ~! ~~ :~;j ...~~;~ June 24, 2005 MERIDIAN CITY COUNCil MEETING APPLICANT June 28, 2005 ITEM NO. 5-0 REQUEST license Agreement with Nampa & Meridian Irrigation District for Ten Mile Drain Glacier Springs Subdivision AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: COMMENTS See attached ~rV Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at publJc meetings shall become property of the City of Meridian. LICENSE AGREEMENT LICENSE AGREEMENT, made and entered into this _ day of ,2005, 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, party of the first party, hereinafter referred to as the "District," and THE CITY OF MERIDIAN, a political subdivision and municipality of the State of Idaho. party or parties ofthe second part, hereinafter referred to as the "Licensee," Yi.. I I .N E S. S. E I H: 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 Licensee 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 Licensee's pathway planning though early consultation between the Licensee and the District; to establish a process for the Licensee'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 path way requests affecting the District's ditches, property, operations and maintenance; and, WHEREAS, the District grants to Licensee 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 a license agreement for each proposed crossing and encroachment; and, WHEREAS, the Licensee 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 ditch or canal known as TEN MILE DRAIN (hereinafter collectively referred to as "ditch or canal") together with the real property and/or easements to convey irrigation water, to operate and maintain the ditch or canal, and which crosses and intersects said described real property of the Licensee as shown on Exhibit B attached hereto and by this reference made a part hereof; and, LICENSE AGREEMENT - Page 1 WHEREAS, the Licensee desires a license to perform construction to pave a pathway within the District's easement for the Ten Mile Drain 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. Licensee may perform construction involving the paving of the pathway on the west side of the Ten Mile Drain, within the District's easement for said canal, located within the Glacier Springs Subdivision, north west of the intersection of Victory Road and Locust Grove Road, Meridian, 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 one half hour before sunrise to one half hour after sunset. 4. The parties hereto incorporate in and make part of this License Agreement all the covenants, conditions, and agreements of said Master Pathway Agreement unchanged except as the result of the provisions of this License Agreement. The covenants, conditions and agreements herein contained and incorporated by reference shaH constitute covenants to run with, and running with, all of the lands of the Licensee 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 Licensee 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 By Its President ATTEST: Its Secretary LICENSE AGREEMENT - Page 2 THE CITY OF MERIDIAN ".t'"~'^":";"" ~ 5" t.., ~\ i~ if STATE OF IDAHO ) ) ss: County of Canyon ) On this _ day of , 2005, before me, the undersigned, a Notary Public in and for said State, personally appeared Monte S. Janicek 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 j}y1(J.-- On this X day of " )t1vt'\ L ,2005, before me, the undersigned, a Notary Public in and for said State, personally appeared ~l'lInu/ de Ween-I.. and ;,/:di>~ 6-, tDer" ..1r, known to me to be the f\A{.t't~r and ('try 0./erK- ,respectively,ofTheC YOFMERIDIAN,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 certificat~.;t~~M1W.~: written. ~~~~~~'.;!.~'e J'~~"~ I /. .'\.~ \-:, ~ *' l'lOT-'l~ ~ ~ ': 5 f -._ I' i *' E \. f.P. '.. -P1l8L1C l j "*~ ~ .... .... I ~##f~e ~;.i;;!'- ~~........ f...MMUIMl.I". LICENSE AGREEMENT - Page 3 EXHIBIT A Leo-al Description Idaho. In the South East 1/4, Section 19, Township 3 North, Range 1 East, B.M., Meridian, Ada County, EXHIBIT C Soecial Conditions a. Construction of the pathway shall be in accordance with Exhibit D-1 attached hereto and by this reference made a part hereof. b. The District's easement for this section of the Ten Mile Drain is 100 feet, 50 feet to either side of the centerline. Construction shall be completed not later than one year from the date of this agreement. Time is of the essence. LICENSE AGREEMENT - Page 4 Exhibit B, page 1 ~~ ..~ ~ ~ I <l?<>; ~~ "-Ii! ~)J. ~ u ,~ ~~I ;~ ~i i: ~~ Ir!l~: !~i!'! il~j~~ ~~~ ~~I ~~i~la ~~'Ul le~;:jf j;i~:~ '~hlu ~a3:~! !i~;I~ ~~~ill !dl~~ ~~U!N ~~Sl!~ j~~~I.~5~ li;Mw !m!j;j~ r~i~t& lil~~Jii :ijll i;i ~ig~!i1ii ~r~~~~ Hjil.~i ~~ i~ !a :I!ihii ~d~!i~1 li.~~~a~ ~r.l!~H~C ~I~~fia~t f c;J t-' :t:- o i?:i a::O aU) -~ ; ~"O ~ : ~ ~ ~ ~ 'il "'l ~ i ~ ;0 < (jJ o z III' J I I: r . ...~ ! ; II! n ~ ~ i U; I Ii ii I! I '. PI~ allll I I Ii ~ ~,~ Exhibit B, page 2 June 24, 2005 MERIDIAN CITY COUNCIL MEETING APPLICANT June 28, 2005 ITEM NO. 5-E REQUEST School Resource Officer Agreemnt between the Meridian Police Department and Meridian School District AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: COMMENTS See attached tl V'1l/ /1Iff' Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meetings shall become property of the City of Meridian. .%/15/2005 13: 09 208846{;l'7 MERIDIAN em PAGE 02 AGREEMENT NO. AGREEMENT BETWEEN THE MERIDIAN POJ..JCE DEPARTMENT AND THE MERIDI~~SCHOOLDffiTROCT SCHOOL RESOURCE OFFICER AGREEMENT THIS AGREEMENT, effective January 1,2005 is entered into by the City of Meridiall, a political subdivision of tbe State of Idaho through, the Meridian Police Department and Joint School District Number 2~ Meridian, ldaho, hereinafter referred to as the "District" WHEREAS, the District desires increased law enforcement services from the City of Meridian, through the Meridian Police Department; and WHEREAS, the City of Meridian and the Mel'idirul Police Department desire to provide increased law enforcement services to the District, through the Meridian Police Department; and WHEREAS, the parties recognize their mutual interest can be furthered through the use of the School Resource Officer Program of the Meridian Police Department; NOW, TT-lERBFORE, for and in consideration of the mutual covenants and promises contained herein, the parties agree as follows: 1. Interol'etation of Benefit. This Agreement shall be for the sole benefit of the District and The City of Meridian and shall not be interpreted to benefit third parties. The relationship oftbe parties hereto is that of contractor and independent contractor, and it is expressly understood and agreed that each party and l;Jleir officers, agents~ and employees do not in any way nOr for any purpose become a partner, agent, joint venture, servant, or emp loyee of the other. 2. li~sjc Services. The Meridian Police Department, shall provide School Resource Officers (SRO) services at Meridian High School, Meridian Middle School, Lewis and Clark Middle School, and the Sa\V1:oot.h Middle School as referenced in Paragraph 3 below, including, but MERIDIAN SCHOOL RE~OURCB OFF.1CERAGREEMENT, #1 - Page 1 M8 05/15/2005 13: 09 208845P37 MERIDIAN eID PAGE 03 not limited to: investigating and~ 'where possible, preventing erimes against persons or propeliy; identiiying and arresting violators of state and local la.ws; filing investigative reports and other required reports Or documents; patrolling; and, to a limited extent, maintaining building security. controlling traffic, and enforcing traffic laws (but not District established.parking regulations). rt is understood tbat the Melidian Police Department i5 not required to provide traffic control services for special events held all any campus under the control of the District, nor is the Meridian Police Department required to provide additional personnel for tltose purposes except under the terms prov ided in Paragraph 13 herei n . 3. Personnel Assilmments. a) The Meridian Police Department sha.ll pJace One School Resource Officer at Meridian High School, and one School Resource Officer at Meridiall Middle School, Lewis and Clark Middle School, and Sawtooth Middle School with the School Resource Officer's time split in a manner agreeable with the School District Administration and affected school principals. b) When it becomes necessary to select s. new or replacement School Resource Officer for Meridian High School or the Meridian Middle Schools, the Meridian Police Department policy shall govern the procedure; however, the Meridian School District shall be allowed the opportunity to provide input into the selection oftl1c School Resource Officer, however the final assignment decision will rest with the Meridian Police Department 4. Officer buties. The Meridian Police Department shaH have the discretion to determine how the Officer perfonning the duties under this Agreement will be deployed and the manner in which the services contemplated by this Agreement shall be provided. The parties agree that the interiors of buildings will not be patrolled by Officers except as is necessary to investigate crimes and apprehend criminal slIspects, however, the Officer shall maintain high visibility with students during breaks and lunch periods. The Scnool ReSource Officer shall be an active member of the schools' Student Management Teams. MRRTDTAN SCHOOL RESOURCE OFFICER AGRF.P.MENT, f./1 . Page 2 01'8 f-l5/15/2005 13: 09 20884573"17 MERIDIAN CID PAGE 04 5. Officer Discretion. The Meridian Police Department and their Office1"s shall have the right to exercise due discretion in the perfonnance of this Agreement, including, but not limited to the type, nature, extent, and result of any response or activity undertaken by the Meridian Police DepaJ1ment and their Officers. 6. Ooerational Procedure!!:. a) With the exception of paragraph (b) below, the conduct of the Meridian Police Department and their Officers will he govel11ed by the City of Meridian and Meridian Police Department Policy Manuals (hereinafter 11 Manualsll). In the event that the Districf:1s procedures conflict with the procedures set forth in the Manuals~ the provisions of the Manu a ls shaJ I prevail. b) Notwithstandlng any other provisions to the contrary, the following procedures shall be used in all instances with regard to notification of students' parents about the interaction of Meridian Police Officers, both contractual and non~contractual, with students: "When, during the c;:ourse of interviewing a student, a Meridian Police Officer determines that the student may have committed a crime, the Meridian Police Officer may, after concluding the interview and no later than the end of the school day, notify the school principal or designee that an interview with the student was conducted. ii. In the event that a student is atTested by a Meridian Police Officer or if the Meridian Police Officer finds it otherwise necessary to remove the student ITom school, the Meridian Police Officer sha.ll immediately notifY the principal of the school or designee. iii. Upon receiving notice of allY of the above circumstances from a Meridian Police Officer, the principal or designee may, if appropriate, make reasonable effOlis to contact the student's parent or guardian unless such contact would interfere with the investigation. If contact is made, the principal may tell MERIDIAN SCHOOl. RESOURCE OFFICER AGREBMENT, #1 . Page J of g P-l5/15/2005 13: 09 20884573,7 ( MERIDIAN eID PAGE 05 thc parent or guardian oHlle student that a Meri.dian Police Officer questioned the student or removed the student from campus, as tile case may be, and may fmther state that additional information may be obtained by contacting the Meridian Police Department. Liability arising from such actions shall be governed by paragraphs l. 7 and ] 8. iv. Tf a student's parent or guardian contacts the principal about interviews conducted by a. Meridian Police Officer, the principal may disclose any infonnation concelllillg school matters, but will refer questions rii:garding criminal issues or investigations to the Meridian Polico Dii:partment. 7. Trainimr Schedl11in~ and Activity Log, a) Meridian Police Department shall use suitably trained Meridian Police Officers in meeting the obligations contained in paragraph 3(a.) above of this Agreement. ThrOl..lghout the term of this Agreement, the Officers will be assigned School Resource Officer duties at the assigned school as their primary duty. rf th~ SRO will be absent from the assigned school for II fun day the SRO shall notify the school principal in advance or as soon as practical. Emergency situations shall be handled by the District by utilization of the Emergency 911 system or other District approved procedure. b) Scheduling shall be mutually agreed upon by the assigned school principal and the Meridian Police Department c) The School Resource Officefs will provide the assigned principal with an Activity Log indicating where and on what schoo] activities he or she was involved during the prior week, if requested by the assigned principal. 8. Meridian Police Depm1ment School Resource Officers shall be given a pelformance evaluation annually as required by City of Meridian. The evaluating supervisor wi II discuss the performance ofthe School Resource Officel' with the principal of the assigned school. MERIDIAN SCHOOL RE~OURCE OFFICER AGREEMENT, #1 . Page 4 of8 ,05/15/2005 13: 09 2088457337 ( MERIDIAN eID PAGE 05 9. Clothing and Auuearance. Meridian Police Officers providing: services under the terms of this Agreement wilt wear the Meridian Police Department uniform of the day or appropriate business attire. 10. District Policies, The paIties recognize tbat the District may from time to time adopt policies, procedures, mles and regulations affecting the conduct of persons pre!1cnt on the campuses rcferi:;::nced in Paragraph 4. To the extent that violation of those po1icies~ procedures, rules and regul<ltions conRtitutes a violation of law, including breach of the peace, or a threat to pub lie health or safety. those poHcies, procedures, mles and regulations will be enforced by the Meridia.11 Police Department and their Officers. To the extent that violatiOll of those po1icies~ procedures, 1111es and regulations does 110t constitute a violation oFthe law, the Meridian Police Department is not required to take law enforcement action and may leave tIle enforcement thereof to the District. The Sohool Resource Officer shall inform the principalj or designee. of violations of school policies, procedures, rules or regulations ofwbich the Officer has personal knowledge. 11. Term. This Agreement is for a period commencing On January 1, 2005 and ending June 01,2005. 12. As consideration for the services provided by The City of Meridian and the Meridian Police Department pursuant to the l:enns ofthi!> Agreement, the District shall pay seventy thousand two hundred twenty four dollars ($70,224.00). 13. Limitation of Services. a) ExtracmriclIlar Activities. The parties recognize that a school within the District may desire to have the Meridian Police Department provide additional security services for sanctioned school events. This Agreement governs the provision of such additional security services. The compensation from the District to the Meridian Police Department for the additional security services for school events listed in Exhibit A is three thousand five hundred fifty five MERIDIAN SCHOOL RESOURCE OFFICER AGREF.MEN'J', #1 _ Page S ofB .05/15/2.0.05 13:.09 2088457?i7 MERIDIAN eID PAGE .0 7 dollars ($3,555.00). This amount is included is the total amount of the Agreement noted in paragraph 12, b) Districts Schools other than Meridian High School and the Meridian Middle Schools. The remaining secondary and elementmy schools in the District that are within the incorporated area of the City of Meridian shall have a Meridian Police Department Detective assigned to the area however, tJ1at assignment in not within the tenns of this Agreement. Specific Jaw enforcement services to the District's secondary schools in this area arc at the sole d1scrction of the Meridian Police Department. The Meridian Police Department will work closely with the school principals of those secondary schools regarding law enforcement l1eeds. 14. Office Snace. TIle District agrees to provide Officers with adequate office space and suitaNe desks chairs, and telephone for the purposes of this Agreement. 15. furrl110vmcnt It is acknowledged by the palties that the Meridian Police Officers acting pursuant to this Agreement are not the employees or agents of the District or schools within the District, but rather, they remain tbe employees of The Ci1y ofMeri.dian, 16. Authorized Absence1l,. Law cnforcem.ent Officers acting pursuant to this Agreement may be absE:nt from their assigned cam.puses on holidays observed by The City of Meridian, as well as holidays observed by the District, in addition to sick leave time and authorized vacation time. 17. District to Hold the Cit: of Meridian Harmles1l,. In the event the City of Meridian or any of its officers, agents, employees, insurers, or indellmitors have any claim, demand. suit, or judgment asserted against them which arises from acts Or omissions of the District, its Officers, agents, or employees, the District shall, at its expense, defend and indemnify the City of Meridian. its Officers, agents, employees, insurers, and indenmitors, and hold them harmless. 18, County to Hold District Hannless. In the event District or any of its officers, agents, employees, insl1rers~ or indemnitol's have any claim, demand, suit, or judgment asselted MERIDIAN SCHOOL RESOURCE OFFICER AGREEMENT, #1 . Page 6 of8 05/15/2005 13: 09 208845r'<7 MERIDIAN CID PAGE 08 against it which arises from acts or omissions of the City of Meridlan~ its Officers~ agents, or employees, the City of Meridian shall, at its expense, defend and indemnify District, its Officers, agents, employees, [nsurers~ and indernnitors, and hold tllem hannless, 19. Canceltatio..!).. This Agreement may be canceled by either party for 110n confolmance or poor performance on thirty (30) days' "Mitten notice. If the performance defect is corrected during I:he thirty (30) day period by the party noti fled thereof, this Agreement shall continue in full force <lIld effect. [n the event of cancellation of this Agreement, and a failure by tne notified party jo timely correct the defect in its pcrfonna.nce, the District shall pay to The City of Meridiat:l the cons.ideration set out in Paragraph 12, adjusted for the number of school days 011 which services were actually perfonned by the City of Meridian. 20. Authorization to Execute Agr:eemen.t, Jat! Homing, Assistant Superintendent, represents that she has thc authority to execute this Agreement on behalf of the District; and that she will promptly bring this Agreement before said Board of Trustees for its ratification a.t a r~gularly scheduled meeting. 21. Govemin~. This Agreement shall be interpreted in accordance with the law of.ldaho. 22. Entire Agree..l!!Q!!!. This Agreement constitutes the entire agreement OftJ1e parties and all other agreements. oral or written, are merged llCrein. 23. Modification. This Agreement may be modified only by a mutually executed writing. 24. Princioal's Desirnlee. The principal shaU, in writing, provide The City of Meridian with a designee to contact in the event the School Resource Officer cannot contact the principal wl1en so required pursuant to this Agreement. DATED this _ day of j 2005. MERIDrAN SCHOOL RESOURCE OFFICER AGREEMENT, #1 . Page 7of8 05/15/2005 13: 09 2088457.3:17 ( MERIDIAN eID PAGE 09 CITY OF MERIDT A N Taml y e weerd Mayor /Ir~vd67C!F~6tv,.,cd 6-Z&-//5 By: MERIDIAN POLICE DEP ARTMENT ATTEST: By: !/'i/V1//24 J 'n Horning ly--/ Assistan. SllPerintendenl; MERIDIAN SCHOOL RBSOURCF, OFPTCER AGREEMENT, # 1 . roge g of 8 June 24, 2005 MERIDIAN CITY COUNCil MEETING June 28, 2005 APPllCANT ITEM NO. 5-F REQUEST Water Main Easement for Elm Grove Trailer Park AGENCY COMMENTS CITY CLERK: CITY ENGINEER: See attached CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: ~ CITY PARKS DEPT: ()If f~ MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. City of Meridian Public Works Dept. Memo To: Mayor De Weerd & City Council From: Karie Glenn cc: File Date: 6/21/2005 Re: Proposed Agenda Items for 6/28/05 City Council Meeting The Public Works Department respectfully requests that the following items be placed on the 6/28/05 City Council agenda, on the Consent Agenda, for Council's consideration: 1) Water Main Easement for Elm Grove Trailer Park. Typical Water Main Easement. Recommended Council Action: Approve the Water Main Easement for Elm Grove Trailer Park and authorize the Mayor to sign and City Clerk to attest. Thank you for your consideration. . Page 1 WATER MAIN EASEMENT THIS INDENTURE, made this _ day of _,2005 between Elm Grove Trailer Park, the parties of the fll"St part, and hereinafter called the Grantors, and the City of Meridian, Ada County, Idaho, the party of the second part, and hereinafter called the Grantee; WITNESSETH: WHEREAS, the Grantors desire to provide a water main right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the water main is to be provided for through an underground pipeline to be constructed by others; and WHEREAS, it will be necessary to maintain, service and subsequently connect to said pipeline from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantors, and other good and valuable consideration, the Grantors do hereby give, grant and convey unto the Grantee the right- of-way for an easement for the construction, operation, maintenance, repa.i1', replacement of a water main over and across the following described property: (SEE ATTACHED EXHIBIT A and B) The easement hereby granted is for the purpose of construction and operation of a water line and their allied facilities, together with their maintenance, additional connection thereto, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. TO HA VB AND TO HOLD, the said easement and right-of-way unto the said Grantee, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after construction, making repairs, performing other maintenance or making subsequent connection to the water line, Grantee shall restore the area of the easement and adj acent property to that existent prior to undertaking such construction, repairs and maintenance. However, Grantee shan not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. THE GRANTORS hereby covenant and agree that they will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTORS hereby covenant and agree with the Grantee that should any part of the right-of- way and easement hereby granted shall become part of, or lie within the boundaries of any public street, then, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. Water Main Easement Elm Grove Trailer Park THE GRANTORS do hereby covenant with the Grantee that they are lawfully seized and possessed of the aforementioned and described tract of land, and that they have a good and lawful right to convey said easement, and that they will warrant and forever defend the title and quiet possession thereof against the lawful claims of all pe~sons whomsoever. IN WITNESS WHEREOF, the said parties of the fITst part have hereunto subscribed their signatures the day and year fu-st herein above written. GRANTOR: ,~LJ ~ General Partner State ofIdaho ) S.S. County of Ada) On this 1 {;f:h.. day of '- \IAYl-;4 ./ ,2005, before me, the undersigned, a Notary Public in and for said State, personally appeared Loren D. Ross, mown or identified to me to be the General Partner of the Elm Grove Trailer Park that executed the within instrument, and acknowledged to me that such Elm Grove Trailer Park executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year fist above written. (SEAL) (~~~~:~~) p..~.,~..., Water Main Easement Elm Grove Trailer Park GRANTEE: CITY OF MERIDIAN Tanuny de Weerd, Mayor Attest by William G. Berg, City Clerk Approved By City Council On: State ofIdaho ) S.S. County of Ada) On this _day of , 2004, before me, the undersigned, a Notary Public in and for said State, personally appeared TA.M:tvfY de WEERD and WILLIAM G. BERG, JR., mown 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) NOTARY PUBLIC FOR IDAHO Residing at: Commission Expires: Water Main Easement Elm Grove Trailer Park EXHIBIT "A" Water Line Service Easement From Elm Grove Trailer Park To the City of Meridian A ten (10) foot wide strip ofland loc?ted in the NW4 Section 7, Township 3 North, Range 1 East Boise Melidian, City of Meridian, Ada County, Idaho being more palticularly desclib;ed as follows:' Commencing at the intersection of the easterly Right-of-Way ofE. 3rd Street and the southerly Right-of- Way of Gruber Avenue, said point being monum~nted with a 5/8 - inch diameter rebar; Thence nOltherly along theeasterly Right-of-Way ofE 3rd street 23.31 feet, more or less, to the BEGINNING OF THIS EASEMENT. Thence East, leaving said Right-of-Way 60.00 feet more or less to the END OF TIDS EASEMENT. Said easement being ten (10) feet wide and centered over the said described line. 202 Falls Avenue Twin Falls, ID 83301 208/733'2446 Fax 208/73+2748 1311 E. Franklin Road, Suite 106 Meridian, ID 83642 208/898-9165 Fax 208/898-9166 III Main Street, Suite 310 Lewiston, ID 83501 208/743-3818 Fax 208/743-3819 www.uedeselenrJ.c:om rip'; ",sp 1 ani 1"'; ps", 1 1"11 O"('()m NW4-SEcnON 7 TOWNSHIP 3 NORTH, RANGE 1 EAST, 8.M. f EET ELM GROVE TRAILER PARK EXHIBIT "B" RIEDESEL & ASSOCIATES, INC. 13!) E. FRANKLIN ROAD. SUITE 106 MERlDJAN, 10 83642 (208) 898.9J 65 5001.: ]'20 Dote: 06 05 Proj. Number: 0791 0"9. Path: R: PROJECTS 0791 CAOO DWG June 24, 2005 MERIDIAN CITY COUNCil MEETING APPLICANT June 28, 2005 ITEM NO. 5-G REQUEST Request for Funds NO.4 for Meridian Sr. Center Rehabilitation Project ICDBG 04-111-0 1-S AGENCY COMMENTS CITY CLERK: See attached CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: v~ {t~ Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meetings shall become property of the City of Meridian. Chapter III Financial Management ICDBG Progress Report Grantee: I ~eport No.: City of Meridian, Idaho Date: Date of IDOC Contract: Grant No.: June 24, 2005 July 17, 2004 ICDBG-04-II1-1-SR Report Period From: Report Period To: Telephone: J une 3~ 2005 June 24, 2005 (208) 322-7033 ext. 227 Grant Amount: Project Match Expended to Date: Tax ID No.: $100,000 $22,812 82-6000225 Second Public Hearing: (Y)/N (Circle One) , Pubti,hed Nolire Submitted, Y/(N) Date of Second Public Hearing: June 21, 2005 Minutes Submitted: Y/(N) List of Attendees Submitted: Y/(N) PROJECT START UP .8 "0 8 8 "0 0 "'0 .9 l'l 1 d ~ Hi 2t) il15 .~! ! <flu 20 ~~~ ~u u 8S Environmental Release: 08.04 06.04 0604 None Complete. Submitted 06.04 Send copy of ERR Bid Documents Reviewed and -- 03.05 04.05 None Complete Approved: Procurement for Admin Contract 01.04 02.04 03.04 None Complete. Part of Application Reviewed and Approved: Admin Contract Reviewed and 03.04 03.04 0304 None Complete. Part of Application Approved: Contact Person: Phone: Procurement for Eng/ Arch Contract 6.04 08.04 12.21.04 None Complete. Publication affidavits, solicitation Reviewed and Approved; information, ranking swnmary, Contract Eng/ Arch Contract Reviewed and 08.04 11.Q4 12.21.04 None Complete. Approved: Contact Person: Phone: Acquisition (voluntary or eminent If the project includes acquisition, it must be monitored. Ongoing progress domain): report schedule for acquisition activities must be established individually Date of PurchasefTransfer of Title: between grant administrator and project coordinator at IDOC Relocation (business or resident); Exhibit C 1/5 III -13 Chapter III Financial Management FAIR HOUSING PROGRESS d P 0 J:: J:: ~ B~ 0 0 ~ E d) I I u ~~ ~.~ 0 :.afr '-' 6- u u 8 _Ct:: .8 ~ Designate Fair Housing Resource 10/03 -- "- None Complete. Part of Application Person: Fair Housing Review Committee: 11/04 n -- None Establish committee Fair Housing Resolution: 11104 09/03 5105 None Republish annually during project Fair Housing Plan/Analysis of 11/04 0- -- None Develop Fail' Housing Plan. Impediments: Communications of Fair Housing 11/04 .- -. None Ongoing Activities: Grantee Fair Housing Poster: 11/04 .- -- None Ongoing SECTION 504 PROGRESS d ~ 0 0 0 HI J:: J:: .~ ~ ~ ~ It 'J:l .g 0.. g jg ~~ 8- ~u u <:S~ <.8~ Designate Responsible Employee: 10/03 10/03 h None None 504 Committee Established: 10/04 -. .. None Committee forming. .- - Non-Discrimination Policy Adopted: 09/03 09/03 5105 None Part of Application. Republish Grievance Procedure Established: 09/03 09/03 5/05 None Part of Application. Republish 504 Self-Evaluation Completed: 10/04 n -- None Self-Evaluation underway 504 Transition Plan: 10/04 -- -. None Develop Transition Plan Exhibit C 215 Ill-I 4 Chapter III Financial Management CIVIL RIGHTS PROGRESS Community Profile: ~ Q Q .~ J:: zfi 0 bA "0.8 I I u 81:: ~ .~ 0 ~fr u u S ..so:: s ~ -- 4/05 4/15/05 None None EEO Policy Statement: EEG Grievance ProcedurelEEO Complaints: Grantee Employment Form: 10/03 None Complete and submit None Update and republish None Complete and submit None Complete and submit None Complete and submit None Complete and submit None Ongoing Contract/Subcontract Activity Report: .. Senior Center Participants Form; -- -- -- Section 3 Certifications: -- h "- Grantee EEO Poster; -- -- -- ACQUISITION PROGRESS ~ (;i 0 ~ 0 0 "::l J:: 1 ~ '" lH ~'f 0 e~ .il I ~~ ~J:'g ~u u ~~~ N/A N/A N/A None N/A .-- No acquisition in this project Exhibit C 3/5 III-I5 Chapter III Financial Management CONSTRUCTION AND LABOR PROGRESS 0 8 8 "0 a a 1 ~ H '"0 ,sa 0 .~i Q. "'u J;~ g EO ~9 rE8 U 88 8' ~ Contract A ward: 10.04 .. .. None Complete and submit Debarred List Checked; 10.04 3.05 4.15.05 None None Preconstruction Conference: 10.04 4.05 4.15.05 None None Minutes & Checklists Bid Tabulations; 10.04 3.05 4.15.05 None None Notice to Proceed: 10.04 4.05 4.15.05 None None Wage Rate Number: 10.04 3.05 4.15.05 None None Ten-day Wage-rate update: 10.04 3.05 4.15.05 None None Additional Classifications Required: 10.04 -- n None Complete and submit CERTIFICA nON: I, the undersigned, do hereby certify that the above information contained in this report, including the attached payroll review and the attached disbursement report, is correct and accurately reflects the progress and status of the grant project. (208) 322-7033 ext. 227 Phone \n ( ~ ~( ( Q_.S Date CERTIFICA TION: I, the undersigned, do hereby certify that the above information contained in this report, including the attached payroll review and the attached disbursement report, is correct and accurately reflects the progress and status of the grant project. Title Authorized Signature for Chief Elected Official Date Exhibit C 4/5 III-16 ~- ~ ~ ~ ~ .g ~ .... Cll ~ ~ g~ a:::: U) ~ Uj 6,~ E 0 0... R ~ :5~ C1J "1i} t9 ~ ~ o s::: ~ i ~ ~ E n a.~ ~ .~ ~ ~ ,e ~f c U) ::1 E g ~ 8 0 ~ E :2 I CI o "U o ;~ .- ~ ~ ~ ~ :E ~ ..... '<! s::: ~ 0 u " c::: N >< Cl} c "0 U) 5' u ::J - U ID ~-g 0:1 a:: & (l') tI) en 0 o r-- ~ ~ 9 ~ ~~ ]ffi Cl} I'- 13 :E o! ~i l: o ~ I- l1'l o ~ 5 o il) 0- il) U) a... 0:: o Q) o U 0 Q) o s::: + ~ g- "U c::: ID-g] ~u. ~ 0 ::l "U "U C Q) ::J III U1~i - + ~ -g E t- 0 ~ ~ 5f E ~ ~ -g E & ll.. o c:: .,j. U') N ~ '<I- q o M ~ ~ ~ o i; U 0 'it .~ u a... ['() C- U 0:: "U E E f! 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I- if z o ~ i= z 8 DISBURSEMENT REPORT DISBURSEMENT LOG w City of Meridian Request for Funds this Period: $30,867.00 Paid to Date $22,812.00 REQUEST FOR FUNDS #4 DATE DATE DATE RECEIVED DEPOSITED DISBURSED CHECK # AMOUNT PAID TO WHOM 31-Jan-05 31-Jan-05 4-Feb-05 61406 $ 2,500.00 Sage 6-May-05 6-May-05 10-May-05 62710 $ 2,500.00 Sage 27-Jun-05 27-Jun-05 $ 1,000.00 Sage 27 -Jun-05 27 -Jun-05 $ 16,812.00 KMO Inc. *Funds have not been disbursed by Commerce at the time of request June 24, 2005 City of Meridian City Clerk Office City of Meridian 33 E. Idaho Ave. Meridian, ill 83642 Attn: Will Berg Re: Meridian Senior Citizens Center Payment Application and Certification No.2 Will, JOHNSON ARCHITECTS a professional corporation Attached are three copies of KMO's Payment Application No.2. Please fOIWard one copy to KMO after review and approvaL We have reviewed this Payment Application and the current progress of the work To the best of our lmowledge we agree that this Payment Application reasonably represents the construction progress. We recommend payment in the amount of$29,896.69. Please call if you have any questions. Enclosures: (3) copies of Certificate for Payment p:\projects\04167 -meridian senior center upgrades\ca\pay apps\pay app 02.doc Q) Ol l'Il 0.. z o ~ o w :J ~ ffi 0. 9 ~ 0.. ffi 0 <C~J: t- ~ ~ ffi5~ :2 ?( .. o..g a:: I-g Uu a:: I=! [2 ~~~ 04;U DDDDD (l) ~ ~ ~ N ~ ~ ~ ~ 'It:.. I- ~~Ji 8 ~ ~ ~ ~ a.. a:: 0 ~ 51: ~ g: (3 ~~ 09 ~z ~~~ ffi~~ i~ui :;!;a::~ 9Q>- a::Z4; ~m~ ~~~ N9m (l!jffi(") a..~~ G~~ a~8 0::4;0 a..z-, N o ~ W I- ~ W ~~ ww 1-1- ~~ 4; a:: t58 ~u.i Q; ~ &l l- s: U a:: 4; ~ ~~~ '5. ,g.l:> <:::::5 !ij-E ~8 N\ UU~ ~~!~~ '~~ll 88ijj~ un g ~~8 !u: 1= I=! 5 (/) ~ g W ::J Z W ~ uJ: zl- o~ :!i: (") ~~ ~ 0:: ~ ~ ~ ~ ]j ~ ~ :E Q ::::) c . 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"(j) ~ i t) "<:: I tll 8: ~ i o WI- t) ~g r~ ~<( 000 o 0 g i ~ ~ ;i 000 o to 0 ~ I ~ i ~ o o ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ; ~ g ~ ~ 000 o '<t 0 0 ~ ~ g g g ~ 0 g ~ i g ~ g ~ ii ~ g g g g ~ g ~ g ~ i g g g ~ ~ 000 0 00000 ~ ~ g g g g g g g g g ~ g ~ o 0 0 0 000 '<t g g g g g ~ 0 008 g g g g ~ g 8 8 8 008 0 0 0 0 to ~ ~ ~ ! ~ i ~ ~ ~ ~ ~ ~ ~ ~;i ~ ~ ~ ~ ~ ~ z o Ii: a:: ~ o :lil:: 0:: ~ w ~ ~ ~ ~ ~ W m ~ ~ ~ ~ 8 ....l G ~ ~ ~ ! ~ ~ ~ ~ ~ i I ; ~ I ~ ~ ~ i ~ ~ ~ ~ 'fj; :E ~ ~ ~ ~ ~ gj g3 ~ ~ re ~ re gj I- Z W :a :::J u o o ci CI) ~ ~ g ~ 0 ~ to ~ ~ o ~ g o ~ g o '<t co ~ to ~ 8 ~ 8 & <( I- ~ ::E ~ ~ ~ g ~ l- rt z o ~ z ~ o t) June 24, 2005 MERIDIAN CITY COUNCil MEETING June 28, 2005 APPLICANT ITEM NO. 5-H REQUEST WWTP Load Sharing I Shedding During Transfer to Backup Power with Custom Electric AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: COMMENTS See attached u~.r/ Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meetings shall become property of the City of Meridian. " " GitY of MeriClian eutilic \Noms Dept. JUN 2 3 2005 City Of Meridian City Clerk Office Memo To: William Berg, Jr. J From: Lenard Grady ifJ..!l. CC: Brad Watson Date: 6/23/2005 Re: Proposed Agenda Items for June 28, 2005 City Council Meeting The Public Works Department respectfully requests the following item(s) be placed on the June 28 City Council consent agenda: :.:t' WWTP Load Sharina/Sheddina Durina Transfer to Backup Power - Custom Electric Attached is a contract with Custom Electric for $6,200 to provide SCADA programming and installation of cabling to control the starting sequence and timing of large loads during the transfer to backup power. This contract will complete after final installation of the 2 x 800 kW generators have been installed. Recommended Council Action: The Public Works Department recommends that City Council approve the Contract with Custom Electric for T&M up to $6,200, required to provide load sharing/shedding at the WWTP during transfer to backup power and authorize the Mayor to sign it. Scopina Studv to Set Desian Parameters for the SCADA portion of the WWTP Phase"". - DC Enaineering Attached is a contract with DC Engineering to define the design parameters for SCADA for the WWTP expansion. DC will coordinate with Plant personnel during this process. The contract amount is "not to exceed" $2,500. . Recommended Council Action: The Public Works Department recommends that City Council approve the contract with DC engineering for the WWTP SCADA Scoping Study for $2,500 and authorize the Mayor to sign it. From the desk of... Lenard Grady SlllffEngineer Meridian Public Works Department 660 E. Walertower, Suite 200 Meridian, [daho 83642 (208) 898-5500 Fax: (208) 898-9551 gradyl@meridiancity.org . Page 1 Eaale Road Waterline Relocation - Civil Survev. Attached is a contract with Civil Survey to evaluate options in conjunction with ITD to relocate the water main in Eagle Road between 1_ 84 and Franklin Road. Relocation is required by ITD to accommodate future storm drain. The contract amount is "not to exceed" $5,000. Recommended Council Action: The Public Works Department recommends that City Council approve the contract with Civil Survey for design options relocation of the water main in Eagle Road for $5,000 and authorize the Mayor to sign it. Thank you for your consideration. Please contact me if you have any questions regarding any of these items. . Page 2 STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR ON THE BASIS OF A STIPULATED PRICE THIS AGREEMENT is dated the ~ day of June in the year 2005 by and between City of Meridian, Ada COtu1ty, Idaho (hereinafter called OWNER) and Custom Electric (hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration ofthe mutual covenants hereinafter set forth, agree as follows: Article 1 WORK. The CONTRACTOR will complete all Work as specified or indicated in the Agreement. The WORK is generally described as follows: The project includes installation telemetry at size lift stations. The Project for which the Work under the Agreement is described as follows: SCADA Programming and cabling required for shedding/sharing loads at the plant to reduce peak loads during transfer to backup power. All replacement materials and workmanship will meet the City of Meridian Standard Specifications and Drawings. The Contractor should become familiar with the specifications. Article 2 ENGINEER The City of Meridian Public Works Department will be the ENGINEER. The City of Meridian Public Works Department is to act as OWNER's representative, assume all duties and responsibilities and have the rights and authority assigned to ENGINEER in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents. Article 3 CONTRACT TIME. The Work will be completed within sixty (60) calendar days from the date when the Contract Time commences to run. Time is of the essence. Article 4 CONTRACT PRICE. OWNER will pay CONTRACTOR for completion of the Work in ClliTent funds as follows: Total Contract Price is $6,200.00. Article 5 PAYMENT PROCEDURES. The CONTRACTOR will submit an Application for Payment upon completion of the Work. Applications for Payment must be submitted to the Public Works Department. Payments. The OWNER will make progress payments on account of the Contract Price on the basis of CONTRACTOR's Application for Payment as recommended by the Public Works Department, on or about the 15th day of each month during construction for Applications submitted to the Public Works Department prior to the 1 st day of that month. All progress payments will be on the basis of the progress of the work measured by the schedule of values established in Article 4. The OWNER may retain up to 5% of the amount ofthe payment until final completion and acceptance of all Work covered by this Agreement. Upon completion and acceptance of the Work, payment will be made in full, including retained percentages, less authorized deductions, within thirty (30) days. 3/31/2004 Page Article 6 INTEREST. All moneys not paid when due will bear interest at 12% per arulUm or the maximum rate allowed by law at the place of Project, whichever is less. Article 7 CONTRACTOR'S REPRESENTATIONS. In order to induce the OWNER to enter into the Agreement, the CONTRACTOR makes the following representations: 7.1 The CONTRACTOR has familiarized itself with the nature and extent of the Work, site, locality, and all local conditions and Laws and Regulations that in any manner may affect cost, progress, performance or furnishing of the Work. 7.2 The CONTRACTOR has studied carefully all drawings of physical conditions. 7.3 The CONTRACTOR has given Public Works DepaItment written notice of all conflicts, elTors or discrepancies that he has discovered and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR. Article 8 CONTRACT DOCUMENTS. The Contract Documents, which comprise the entire agreement between the OWNER and the CONTRACTOR concerning the Work, consist of the following: 8.1 This Agreement. 8.2 Exhibits to this Agreement - N/A. 8.3 Information For Bidders - N/A. 8.4 Dra wings - N/ A. 8.5 CONTRACTOR's Quote - 6/3/2005. 8.6 1999 Idaho Standards for Public Works Construction, including Division 100, except as superseded by the Information For Bidders, contained herein. 8.7 Revisions to the Standard Specifications and Special Provisions. 8.8 Documentation submitted by CONTRACTOR prior to Notice of Award. 8.9 The documents listed in paragraph 8.2 above are attached to this Agreement (except as expressly noted otherwise above). There are no Contract Documents other than those listed above in this Article 8. The Contract Documents may only be amended, modified or supplemented by written Change Order. Article 9 MISCELLANEOUS. 9.1 No assigmnent by a party hereto of any rights under or interest in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically but without limitation moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 3/31/2004 Page 9.2 OWNER and CONTRACTOR each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns and legal representatives in respect of all covenants and obligations contained in the Contract Documents. Article 10 OTHER PROVISIONS. None IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in triplicate. One counterpart each has been delivered to OWNER, CONTRACTOR and ENGINEER. All portions of the Contract Documents have been signed or identified by OWNER and CONTRACTOR or by ENGINEER on their behalf The Agreement will be effective on~, 2005. Owner CITY OF MERIDIAN Conh"actor: Custom Electric By: Name: Mavor De Weerd By Attest: Name: William Ben! Jr. City Clerk City Council Approval: 6/21/2005 3/31/2004 Page Quote Custom Electric, Inc. 2800 West Idaho Blvd. Emmett, Idaho 83617 Ph, 208-365-2700 Fax, 208-365-2768 Idaho Public Works License # 12614-A-4(14) Idaho Electrical Contractor # C-03774 To: Meridian Public Works Attn: Len Grady Date: June 3,2005 Price for programming plant PLC(s) for new I/O from new Plant Generators and 4550.00 necessary load shedding/sharing for transfer operation. Price includes: Programming, Start-up, Documentation Blowers, ASI Pumps, TWAS Pumps. RAS Pumps, River Pumps, NPW Pumps can be controlled with existing plant equipment. It will be necessary to install one of the fallowing options to control the Screw Pumps if required. The screw pumps have a built in 90 second delay. If this is adequate for load shedding no additional equipment will be necessary. Remote I/O Option Includes new Output module for existing drop, installation, and set-up 950.00 (This is most cost effective option. Cabling and drop all ready exist.) Ethernet Module This option would allow putting the Screw Pump Control Panel PLC on the network. 1650.00 This would allow more options for control and reporting, but would require a new CatS cable to Screw Pump Control Panel. The price quoted includes the cost of the required Ethernet module, installation, and set-up. There is a conduit route to the Screw Pump Panel that can be utilized for installation of the CatS cable. The quoted price reflects using this existing route. This is a good option if the plant wants more control options thru the plant SCADA system. Quote Cost ~ June 24, 2005 MERIDIAN CITY COUNCIL MEETING APPLICANT June 28, 2005 ITEM NO. 5-1 REQUEST Scoping Study to Set Design Parameters for the SCADA portion of the WWTP Phase I with DC Engineering AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUilDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: COMMENTS See attached ~ (}Iff (0 Contacted: Emailed: Date: Staff Initials: Phone: MaterIals presented at public meetings shalf become property of the City of Meridian. City of Meridian Public Works Dept. JUN 2 3 2005 City Of Meridian City Clerk Office Memo To: William Berg, Jr. J From: Lenard Grady ~o..j ~ CC: Brad Watson Date: 6/23/2005 Re: Proposed Agenda Items for June 28, 2005 City Council Meeting The Public Works Department respectfully requests the following item(s) be placed on the June 28 City Council consent agenda: WWTP Load Sharinq/Sheddinq Durinq Transfer to Backup Power - Custom Electric Attached is a contract with Custom Electric for $6,200 to provide SCADA programming and installation of cabling to control the starting sequence and timing of large loads during the transfer to backup power. This contract will complete after final installation of the 2 x 800 kW generators have been installed. Recommended Council Action: The Public Works Department recommends that City Council approve the Contract with Custom Electric for T&M up to $6,200, required to provide load sharing/shedding at the WWTP during transfer to backup power and authorize the Mayor to sign it. '\<1 Scopinq Studv to Set Desiqn Parameters for the SCADA portion of the WWTP Phase I - DC Enqineerinq Attached is a contract with DC Engineering to define the design parameters for SCADA for the WWTP expansion. DC will coordinate with Plant personnel during this process. The contract amount is "not to exceed" $2,500. Recommended Council Action: The Public Works Department recommends that City Council approve the contract with DC engineering for the WWTP SCADA Scoping Study for $2,500 and authorize the Mayor to sign it. From the desk of... Lenard Grady Staff Engineer Meridian Public Works Department 660 E. Watertower, Suite 200 Meridian, Idaho 83642 (208) 898-5500 Fax: (208) 898-9551 gradyl@meridianci.ty.org . Page 1 Eaale Road Waterline Relocation - Civil Survey. Attached is a contract with Civil Survey to evaluate options in conjunction with ITD to relocate the water main in Eagle Road between J- 84 and Franklin Road. Relocation is required by JTD to accommodate future stonn drain. The contract amount is "not to exceed" $5,000. Recommended Council Action: The Public Works Department recommends that City Council approve the contract with Civil Survey for design options relocation of the water main in Eagle Road for $5;000 and authorize the Mayor to sign it. Thank you for your consideration. Please contact me if you have any questions regarding any of these items. . Page 2 440 E. Corporate Drive Suite 103 Meridian, Idaho 83642 Phone: 208.288.2181 Fax: 208.288.2182 June 15,2005 Mr. Len Grady City of Meridian Public Works 660 E Water tower Suite 200 Meridian, ID 83642 Subject: Meridian Wastewater Treatment Plant Scada Study Mr. Grady, Thank you vel)' much for the opportunity to propose on the Scada Study for the City of Meridian Wastewater Treatment Plant. If there are any questions regarding any portion of this proposal, please do not hesitate to give me a call. The following is our proposed Scope of Service based on the information discussed in the meeting 6/15/05. Project Understanding We understand that this study will include the review of existing equipment, programming, and new design requirements as it pertains to the programming and implementation of new schemes for best utilization of existing equipment and plant operation efficiency. Specific items to be evaluated are listed below. · Meet with the City of Meridian WWTP personnel, Custom Elec1ric, and Carollo Engineers to investigate existing PLC and Data Highway equipment and capacity. · Evaluate the design direction to determine the best approach for implementing the PLC programming guidelines for the pending design and installation. · Develop a report with enough detail for use in design development for the current facility upgrade that outlines the use of existing and new equipment that will need to be purchased either with the contract docwnents or directly by the City of Meridian. · Developing a scope that can be used in detennining the appropriate fee, s1ructure, and documentation required for implementation of programming. The study will be performed on time and materia] basis not to exceed $2,500 (Two Thousand Five Hundred Dollars). Services will be billed per our standard rate of compensation as follows: · Principal Engineer, PE: $95 per hour . Project Manager: $90 per hour · Engineer: $80 per hour DC Engineering · Reimbursable expenses will be billed at cost plus 1 0 percent. (For example: reproduction drawings, shipping expenses, etcetera.) · Todd Alder from Custom Electric will be a sub-contractor to DC Engineering. DC Engineering will pass through fees from Custom Electric direct to the city without any mark up. Thank you again for the opportunity to work with you. If you have any questions, or require additional information, please do not hesitate to ask. Sincerely, ~~";;G'_P'~j ClaYBin~ Project Manager Owner CITY OF MERIDIAN By; Name: Tammv de Weerd Mavor Approved by City Council: Attest Attest William G. Berg, Jr. City Clerk DC Engineering June 24, 2005 MERIDIAN CITY COUNCIL MEETING June 28, 2005 APPLICANT ITEM NO. 5-J REQUEST Eagle Road Waterline Relocation with Civil Survey AGENCY COMMENTS CITY CLERK: CITY ENGINEER: See attached CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUilDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: ~VR/ SANITARY SERVICE COMPANY (); CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the Clty of MeridIan. CitY of MeriClian Public Worl(s Dept. JUN 2 3 2005 Citv Of Meridian City Clerk Of'Jce Memo To: WilHam Berg, Jr. ~ From: Lenard Grady i!O-j ~ cc: Brad Watson Date: 6/23/2005 Re: Proposed Agenda Items for June 28, 2005 City Council Meeting The Public Works Department respectfully requests the following item(s) be placed on the June 28 City Council consent agenda: WWTP Load Sharino/Sheddino Durino Transfer to Backup Power - Custom Electric Attached is a contract with Custom Electric for $6,200 to provide SCADA programming and installation of cabling to control the starting sequence and timing of large loads during the transfer to backup power. This contract will complete after final installation of the 2 x 800 kW generators have been installed. Recommended Council Action: The Public Works Department recommends that City Council approve the Contract with Custom Electric for T&M up to $6,200, required to provide load sharing/shedding at the WWTP during transfer to backup power and authorize the Mayor to sign it. Scooino Studv to Set Desion Parameters for the SCADA portion of the WWTP Phase.l- DC Enaineerina Attached is a contract with DC Engineering to define the design parameters for SCADA for the WWTP expansion. DC will coordinate with Plant personnel during this process. The contract amount is "not to exceed" $2,500. . Recommended Council Action: The Public Works Department recommends that City Council approve the contract with DC engineering for the WWTP SCADA Scoping Study for $2,500 and authorize the Mayor to sign it. From the desk of... Lenard Grady Slaft'Engineer Meridian Public Works Department 660 E. Watertower, Suite 200 Meridian, Idaho 83642 (208) 898.5500 Fax: (208) 898-955I gradyI@meridiancity.org . Page 1 *" Eaqle Road Waterline Relocation - Civil Survey. Attached is a contract wilh Civil Survey 10 evaluate options in conjunction with ITD to relocate the water main in Eagle Road between 1_ 84 and Franklin Road. Relocation is required by ITD to accommodate future storm drain. The contract amount is "not to exceed" $5,000. Recommended Council Action: The Public Works Department recommends that City Council approve the contract with Civil Survey for design options relocation of the water main in Eagle Road for $5,000 and authorize the Mayor to sign it. Thank you for your consideration. Please contact me if you have any questions regarding any of these items. . Page 2 Glenn K. Bennett, P.L.S. President Civil Survey Consultants, Inc. lOO South Adkins Way Su ite 1 0 1 Meridian, Idaho 83642 (208)888-4312 Fa;( 888-0323 Timothy A. Burgess, P.E. Vice President June 23,2005 Len Grady, PE City of Meridian 660 E. Wateliower Meridian, ID 83642 Re: Eagle Road - ITD Impact To Existing Water Main Dear Len: Thank you for considering Civil Smvey Consultants to provide professional services to evaluate the impact to the existing water main located in Eagle Road between Franklin Road and the Freeway by ITD's proposed project to widen Eagle Road. We propose to provide these services based upon the following scope of services: The City of Meridian has an existing water main located along the easterly side of Eagle Road between Franklin Road and the Freeway. The Idaho Transportation Department (ITD) has proposed Project No. ST-3270(650), Key No. 8815 to widen Eagle Road. The preliminary plans dated November 2002 indicate new curb, gutter and storm drain piping will be located very near to, or over the existing water main. The plans indicate the water main must be relocated by the City of Meridian where conflicts will occur and the required separation from the storm drainage pipe is 110t provided. The plans propose that the water main be relocated west of the proposed curb and drain piping to a position very near the existing edge of pavement. This proposal creates a significant impact to the City of Meridian and traveling public. There is approximately 3,500 lineal feet of existing 12-inch water main that must be relocated. Traffic conditions in Eagle Road are such that construction must occur during non-peal( hours between approximately 7:00 PM and 6:00 AM. Civil Survey Consultants will review the current plans and develop an estimate ofthe cost to relocate the water main as proposed on the current preliminary plans. Civil Smvey Consultants will evaluate the plans to determine ifthere is an alternative(s) to the current proposal that has not been considered. Civil Survey Consultants will evaluate the existing water system sUlTolmding this line to see if other improvements may be made that would allow the complete elimination of this line in ITD' s right -of- way. An estimate of construction cost will be provided for all identified alternatives. Civil Smvey Consultants will summarize their findings in a letter type report and provide a recommendation as to the alternative that is most beneficial to Meridian. Grady June 23, 2005 Page 2 of2 We propose to provide the professional services as outlined above on a time and materials basis at the homly rates shown on the attached rate schedule with a not to exceed amount of $5,000.00 without prior approval of the City of Meridian. If the proposed scope of services and fee estimates are acceptable, please sign and retmn one copy of the enclosed Agreement for Professional Services. Again, thank you for considering Civil Survey Consultants for tIlis project. Sincerely, ~~ Tim Burgess, r.E. Vice President Enc. Glenn K. Bennett, P.L.S. President Timothy A. Burgess, P,E. Vi ce Pres ident Civil Survey Consultants, Inc. 100 South Adkins Way Suite 101 Meridian, Idaho 83642 (208) 888-4312 Fm-: 888-0323 CIVIL SURVEY CONSULTANTS PREV AILWG FEE SCHEDULE EFFECTIVE OCTOBER 1,2004 Labor: Project Manager Chief of Surveys Project Engineer Design Engineer 1 Design Engineer 2 Design/Survey Technician 1 Design/Survey Tec1mician 2 Direct Expenses; GPS Vehicle 2- \Vheel Drive Velude 4- \Vheel Drive Outside Printing Long Distance Telephone Sub-Consultants - $ 100.00 per hour - $ 100.00 per hour - $ 85.00 per hour - $ 75.00 per hour - $ 70.00 per hom - $ 65.00 per ham - $ 60.00 per hour - $ 40.00 per hour - $ No Charge - $ No Chmge - $ Cost - $ Cost - $ Cost Civil Survey Consultants reserves the right to change or modify this fee schedule at any time subject to approval of the client. CIVIL SURVEY CONSULTANTS, INC. AGREEMENT FOR PROFESSIONAL SERVICES Project No._ THIS AGREEMENT between THE CITY OF MERIDIAN, hereinafter referred to as the "CLIENT" and CIVIL SURVEY CONSULTANTS, INC., an Idaho Corporation, hereinafter referred to as "cse" is made and entered into this _day of ,2005. The CLIENT and CSC in consideration of their mutual covenants herein agree as set f01ih below. The Client desires to evaluate the impact to an existing water mai1110cated in Eagle Road between Franklin Road and the Freeway by ITD's Project No. ST-3270(650), Key No. 88] 5 referred to as the PROJECT. CLIENT INFORMATION AND RESPONSIBILITIES The CLIENT will provide to CSC a full and complete description of the PROJECT including; all design criteria, information as to CLIENT's requirements for the PROJECT, design objectives and constraints, capacity and performance requirements, flexibility and expandability needs, any budgetary [imitations, and copies of all design and construction standards which CLIENT will require to be incorporated in the Drawings and Specifications. The CLIENT will also provide to CSC all associated project information including data prepared by others; soil borings, probings and subsurface explorations; hydrographic surveys; laboratory tests and inspection repOlis of samples, materials and equipment; studies and interpretations of all environmental assessment and impact statements; surveys of record; property descriptions; zoning, deed and other land use restrictions; title reports; other special data or consultations as may be available; all of which CSC may use and rely upon in performing services under this Agreement. The CLIENT will obtain permission for CSC to enter upon public and private property as required for CSC to perform services under this Agreement. SERVICES TO BE PERFORMED BY CSC CSC will provide services as outlined in the attac11ed letter dated June 23,2005. BASIS OF FEE AND BILLING SCHEDULE The Client will pay CSC for services provided under this Agreement per the attached letter dated June 23,2005. Notice to Proceed, either verbal or written, shall constitute acceptance of tbis Agreement by the CLIENT. THE TERMS AND CONDITIONS ARE PART OF THIS AGREEMENT. THE CLIENT AGREES TO SAID TERMS AND CONDITIONS. TN WITNESS WHEREOF, the paliies hereto have executed this Agreement as of the day and year first above written. City of Meridian 33 E. Idaho Avenue Meridian, Idaho 83642 Civil Survey Consultants, Inc. 100 South Adkins Way, Suite 101 Meridian, Ida~21L By~;;d ~ ,/ I Timothy A. Burgess, ice PreSIdent BY: NAME: TITLE: A TTEST BY: NAME: TITLE: APPROVED BY CITY COUNCIL: wo 1 of 3 6/23/2005 CIVIL SURVEY CONSULTANTS, INC. TERMS AND CONDITIONS GENERAL - CSC shall provide for CLIENT professional engineering and/or land surveying services for tbe Project described in this Agreement. These services will be performed in accordance with generally accepted professional practices for the hltended use ofthe project. CSC makes no other warranty either expressed or implied. CSC shall not be responsible for acts or omissions of any p31ty involved in the Project other than their own. CSC shall not be responsible for failure of any contractor or subcontractor to construct any item in accordance with recommendations issued by CSc. CSC has not been retained to supervise, direct or have control over Contractor's work. CSC specifically does not have authority over or responsibility for the means, methods, techniques, sequences or procedures of construction selected by Contractor(s), for safety precautions and programs incident to the work of Contractor(s) or for any failure of Contractor(s) to comply with laws, rules, regulations, ordinances, codes or orders applicable to Contractor(s) furnishing and performing their work. Accordingly, CSC can neither guarantee the performance of the construction contracts by Contractor(s) nor assllme responsibility for Contractor(s) failure to furnish and perform their work in accordance with the Contract Documents. The CLIENT understands and agrees that subsurface' and soils characteristics may vary greatly between successive test points and sample illtervals. CSC will coordinate this work in accordance with generally accepted practice of the professional services being provided and makes no other warranties expressed or implied or as to the professional advice furnished by professionals providing soils testing or geotechnical advice. Resetting of survey and/or construction stakes shall constitute extra work and shall be paid for on a time and material basis in addition to any other payment provided in this Agreement. OPINIONS OF COST - CSC may be asked to provide opinions of construction or PROJECT costs as pmt of the professional services under this Agreement. The CLIENT understands and agrees that CSC has no control over the cost of labor, materials, equipment or services furnished by others, or over tbe Contractor(s)' metbods of determining prices, or over competitive bidding or market conditions. The CLIENT understands that CSC opinions of cost are based on CSC experience and represents CSC's judgment based on that experience, but CSC does not guarantee or warranty that either quotes, bids or estimates prepared by contractors, subcontractors or other 'will not deviate from opinions prepared by CSC. The CLIENT agrees to employ an independent cost estimator if the CLIENT desires additional assurance, warranty or guarantee of PROJECT costs, Should the CLIENT request that CSC modifY any PROJECT aspect to reduce construction costs, then those services shall be considered additional and beyond the scope of this Agreement unless specifically stated otherwise in this Agreement. REUSE OF DOCUMENTS - CSC shall retain an ownership interest of all professional products prepared by CSc. The CLIENT agrees that no product will be reused witllOut specific written permission of CSC The CLIENT agrees to indemnify and hold CSC harmless from any claims, damages, losses and expenses arising from unauthorized reuse of all work products prepared by CSC for the PROJECT. GOVERNING LAW - Unless otherwise provided in an addendum, the law of the State of Idaho will govern the validity of this Agreement, its interpretation and performance, and remedies for contract breach or any other claims related to this Agreement. SUCCESSORS AND ASSIGNS - CLIENT and CSC each is hereby bound and the partners, successors, executors, administrators and legal representatives of CLIENT and CSC are likewise bound to the other party to this Agreement, in respect ofal! covenants, agreements and obligations of this Agreement Noth ing under this Agreement shall be construed to give any rights or benefits in this Agreement to anyone other than CLIENT and CSC, and all duties and responsibilities undeltaken pursuant to this Agreement will be for the sole and exclusive benefit of CLIENT and CSC and not for the benefit of any other party. TfMES OF PAYMENTS - CSC shall submit monthly statements for services rendered and for Reimbursable Expenses incurred. CLIENT shall make prompt monthly payments. If CLIENT fails to make any payment due CSC for services and \va 2 of 3 6/23/2005 expenses within thirty (30) days after receipt of CSC's statement therefor, the amounts due CSC will be increased at the rate of 1.5% per month from said tenth day, and in addition, CSC may, after giving ten clays' written notice to CLIENT, suspend services under this Agreement until CSC has been paid in full all amounts due for services, expenses and charges. TERMINATION - The obligation to provide further services under this Agreement may be terminated by either party upon thirty days' written notice. Such termination shall be based upon substantial lack of perfonnance by the other party under the terms and conditions of this Agreement when said substantial lack ofpelformance is through no fault of the terminating party. If this Agreement is terminated by either party, CSC shall be paid for services rendered and for reimbursable expenses incurred to the date of such termination. HAZARDOUS WASTE AND ASBESTOS - The CLIENT and CSC agree that the work covered in this Agreement does not anticipate either the presence or remediation of hazardous waste and/or asbestos. Hazardous materials may exist where there is not reason to believe they should be present. CSC and the CLIENT agree that the discovery of unanticipated hazardous materials constitutes a changed condition mandating a renegotiation ofthe scope of work or termination of services. CSC and the CLIENT also agree that the discovery of unanticipated hazardous materials may make it necessary for CSC to take immediate measures to protect human health and safety, and/or the environment. CSC agrees to notify the CLIENT as soon as practically possible should unanticipated hazardous materials or suspected hazardous materials be encountered. The CLIENT encourages CSC to take any and all measures that in CSC's professional opinion are justified to preserve and protect the health and safety of CSC's personnel and the public, and/or the environment, and the CLIENT agrees to compensate CSC for the additional cost of such work. In addition, the CUENT waives any claim against CSC, and agrees to indemnify, defend and hold CSC harmless ti'om any claim or liability for injury or loss arising fi-om CSC's encountering unanticipated hazardous materials or suspected hazardous materials. The CLIENT also agrees to compensate CSC for any time spent and expenses incurred by CSC in defense of any such claim, with such compensation to be based upon CSC's prevailing fee schedule and expense reimbursement policy. DISPUTE RESOLUTION - All claims, disputes or controversies arising out of, or in relation to the interpretation, application or enforcement of this Agreement shall be decided through non-binding mediation or other mutually agreed alternative dispute resolution technique. The CLIENT and CSC agree non-binding mediation or other mutually acceptable alternative dispute resolution technique shall precede litigation or recourse to other judicial forums. RECOVERY OF DISPUTE RESOLUTION COSTS - In the event that legal action is brought by either party against the other, the prevailing party shall be reimbursed by the other for the prevailing party's legal costs, in addition to whatever other judgments or settlement sums, if any, may be due. Such legal costs sllall include, but not be limited to, reasonable attorney's fees, court costs, expert witness fees and other documented expenses, as well as the value of time spent by the prevailing party and those in his or her empJoy in researching the issues in questions, discussing matters with attorneys and others, preparing for depositions, responding to interrogatories, and so on. The value oftime spent and the expenses incurred shall, on CSC's part, be computed based upon CSC's prevailing fee schedule and expense reimbursement policy relative to the recovery of direct project costs. EXTENT OF AGREEMENT - This Agreement represents the entire and integrated agreement between the CLIENT and CSC and supersedes a]J prior negotiations, representations or agreements, written or oral. The Agreement may be amended only by written instnunent signed by both CUENT and CSC. wo 3 of 3 6/23/2005 June 24, 2005 MERIDIAN CITY COUNCIL MEETING APPLICANT June 28, 2005 ITEM NO. 5-K REQUEST Contract Proposal for Construction Documents for Ustick Road Improvements along Meridian Settler's Park with The land Group, Inc. AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: COMMENTS See attached n~,r/ Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meetings shall become property of the City of Meridian. :' ~~--~ ffP ~ THE LAND GROUP, INC. June 15,2005 Doug Strong Meridian Parks Department 11 W. Bower Street Meridian, Idaho 83642 JUN 1 7 2005 CITY Re: Fee Proposal Settler's Meridian Park - Ustick Road Improvements Dear Mr. Strong, The following reviews the type and scope of services provided and the fees required for completion. Our contractual agreement is to be executed between the Meridian Park Department and The Land Group Inc. A. CONSTRUCTION DOCUMENTATION The Land Group will change and improve the existing construction documents to develop working drawings for the Ustick Road Improvements. Changes include defining construction road improvements areas versus future Meridian Youth Baseball development. Drawings to be changed and improve include following list: 1. SURVEY 2. DEMOLITION PLAN 3. SITE LAYOUT 4. SITE DETAILS 5. GRADING AND DRAINAGE PLAN 6. STRIPING AND OBLITERATION PLAN 7. UTILITIES DETAILS 8. DRAINAGE DETAILS 9. EROSION AND SEDEMENTATION PLAN 10. LANDSCAPE PLAN 11. IRRIGA nON PLAN SPECIFICATIONS The Land Group will provide project specifications for bidding instruction and clarification to working drawings for contractor / designer / owner. COORDINATION MEETINGS The Land Group will attend coordination meetings with the design team, owners and public agencies such as ACHD and City of Meridian. B. BIDDING PHASE The Land Group, following the Owner's approval of the Construction Documents construction, shall assist the Owner in obtaining bids or negotiated proposals and assist in awarding and . (,'raJlhic CO/JJ/JIJ/Jiica/ioJJ , \.VW\\-'.thelandgroupinc.com preparing contracts for construction. Bid documents shall be provided by The Land Group, Inc. C. CONSTRUCTION ADMINISTRATION PHASE The Land Group and design team will provide construction administration to insure that all work performed by the contractor is completed per the drawings and specifications. The Design Team will review shop drawings, pay applications, submittals and perform multiple site observations. Reports will be written for each observation. FEES AND TERMS Total Fee............................................ ...................... ................. ........... .......... .................... $9,960.00 Breakdown of Total Fee: Construction Documents changes and improvements (anticipate] 5 sheets)...................... $4,750.00 Specifications ... ....... ........... ....... ............ ....................... ......................... ..... ..... ............. ..... $1 ,475.00 Bidding........ ....... ................. .................... .......... ...... ................. ....... ....... ...... .......... ...... ......... $835.00 Construction Administration,. ... .... ....... ,............... ..... ...... .... ........ ....... ..,.... ....... ... ...... ...."... $2,900.00 NOTE: This proposal does not include a Storm Water Prevention Plan or Nor D. SERVICES NOT INCLUDED I. Geotechnical investigation report and geotechnical field observations. 2. Construction Management 3. Construction Quality Control Testing 4. Rezoning process 5. Conditional Use Permit 6. Soil Testing 7. Design revisions after approval to proceed with construction documents. If design revisions are requested, The Land Group will perform the revisions after receiving written authorization. 8. Fun-time construction observations services, testing and construction staking. 9. Traffic StudylReport 10. Electrical Engineering 11. Well Testing 12. Construction staking E. ADDITIONAL SERVICES When specifically requested, work not described above shall be performed as additional services as per AIA document B141-1987 Article 3. This work may include, but is not limited to: 1. Making revisions in drawings, specifications or other documents, or preparing change order documents, when such revisions are due to causes beyond the control of our firm. 2. Design revisions after securing Owner approvals to proceed. If design revisions are requested, The Land Group will perform the additional services after receiving written authorization. 3. Providing additional site observations. 4. Preparation of record drawings or transferring as-built blueprint information to the originaldrawings. 5. Providing any other services not specifically included in this proposal. F. REIMBURSABLE EXPENSES Reimbursable Expenses shall be as per AlA document B141-1987 Article 10, sections 10.2 through 10.2.1.6. 1. Cost of models, special renderings, promotional photography, special process printing, special equipment, special printed reports or publications, maps and documents. 2. Photographic services, film and processing. 3. Cost of copies of drawings, reports and visual images; xerography and photographic reproduction of drawings and other documents furnished or prepared in connection with the work of this contract. 4. Cost of commercial carrier and public transportation, lodging, car rental and parking, subsistence and out-of-pocket expenses. Private automobile travel at $0.375 per mile. 5. Cost of postage and shipping expenses other than first class mail. 6. Long distance telephone telegraph charges. 7. Electronic data processing. 8. Fees for additional special consultants retained with the approval of Client. 9. Full color printing Full size glossy prints .... ................................... ........ .......................... $120.00 each Yz scale prints ....................... .,. .n................ .... ....... ........... ............ .... ..... $75.00 each 11 x17 prints.............................................. $35.00 first print, $2.50 each additional 8 Yz x 11.............................................$20.00 first print, $1.50 each additional print 10. Mounting and laminating Full size boards......... ................. ......... ................. ........................ .......... $75.00 each Add frame...... ""'" ....... ................ ............ ........... ..,..' ............................. $45.00 each 11. Courier delivery cost 12. Bidding packages- drawing sets and project manuals necessary for bidding. G. ASSUMPTIONS The assumptions listed below were fundamental in determining the appropriate fee for the scope of work proposed in this section. Significant deviations from these assumptions could materially impact the actual fee incurred under the above scope. The assumptions include: ]. Prior to the actual beginning of work, Melba School District #136 and The Land Group willjointly defme the extent of the Scope of Work and standards to be utilized for the duration of the project. 2. Completion of individual tasks will take place in an orderly fashion. Submittals required by the Owners will respect a timetable jointly established with The Land Group prior to the beginning of work. H. STANDARD OF CAREl CONSTRUCTION CHANGES The Land Group, Inc. will follow the professional standards of care expected of a landscape architect licensed and practicing in the State ofIdaho. The owner acknowledges that in the performance of services, as defmed in this agreement, the landscape architect and his consultants are expected to meet the standard of care as defined by the State ofIdaho. The owner acknowledges that this standard of care does not imply or represent that the contract documents produced by the landscape architect and his consultants will be 100% free from inconsistencies, conflicts, or discrepancies and does not guarantee that 100% of the elements of the project are included. The owner understands that since the landscape architect and his consultants can not produce 100% accurate documents, that construction changes will occur and the changes may cost an additional 4-6% above the original contract price between the owner and the contractor. These changes are in addition to any changes required due to unseen or hidden conditions, changes in the codes or regulations and any owner directed changes. The owner will establish a construction contingency to fund construction changes. All costs or credits associated with construction changes will be handled by a modification to the original contract between the owner and the contractor. I. COMPENSATION FOR SCOPE OF SERVICES Compensation for additional services shall be on a time and expense basis in accordance with the following: PRmCWAL LANDSCAPE ARCHITECT PRINCIPAL CIVIL ENGINEER PROJECT MANAGER / LANDSCAPE ARCHITECT PROJECT MANAGER / CNIL ENGINEER LANDSCAPE ARCIDTECT IN TRAINING CIVIL ENGINEER IN TRAINING PRODUCTION MANAGER/CADD CLERICAL $95.00 per hour $95.00 per hour $85.00 per hour $85.00 per hour $75.00 per hour $75.00 per hour $65.00 per hour $40.00 per hour Fees for Professional Services shall be billed monthly for progress payment based upon percentage of work completed. Reimbursable Costs shall be biJIed with fee invoices. Thank you for the opportunity to work with you on this project. Should you have any questions or need additional information, please call. If this proposal meets with your approval, please sign below and return one copy for our files. Sincerely, '\ :rr UP, me. ~h By Signing elow, eridian Parks Department agrees to enter into a binding contract with The Land Group, Inc. for the services described above. Owners Re~~<!'r~ Signature: ,~ ~ Title: /J1.Afj tY ;- Date: y-p ~ b (J 0 tvrz- ~ /lIlokd ,./IdL:A ~I 9f " June 24, 2005 MERIDIAN CITY COUNCIL MEETING APPLICANT June 28,2005 ITEM NO. 5-L REQUEST License Agreement with Nampa & Meridian Irrigation District for Eight Mile Lateral Tuscany Lakes Subdivision No.2 AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: See attached See attached Ul rrg"J Contacted: Emailed: Date: Staff Initials: Phone: MaterIals presented at public meetlngs shall become property of the City of Meridian. June 24, 2005 MERIDIAN CITY COUNCIL MEETING APPLICANT June 28, 2005 ITEM NO. 5-L REQUEST License Agreement with Nampa & Meridian Irrigation District for Eight Mile Lateral Tuscany Lakes Subdivision No.2 AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: See attached See attached LA, ~"J Contacted: EmaiJed: Date: Staff Initials: Phone: MaterIals presented at public meetlngs shall become property of the CIty of Meridian. LICENSE AGREEMENT LICENSE AGREEMENT, made and entered into this day of ,2005, by and between NAMPA & MERIDIAN IRRIGATION DISTRICT,~rigation district organized and existing under and by virtue of the laws of the State of Idaho, party of the first party, hereinafter referred to as the "District," and THE CITY OF MERIDIAN, a political subdivision and municipality of the State of Idaho. party or parties of the second part, hereinafter refelTed to as the "Licensee," }Y I 1: .N E ~ ~ .E I H: 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 Licensee 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 Licensee's pathway planning though early consultation between the Licensee and the District; to establish a process for the Licensee'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 Licensee 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 a license agreement for each proposed crossing and encroachment; and, WHEREAS, the Licensee 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 ditch or canal known as EIGHT MILE LATERAL (hereinafter collectively referred to as "ditch or canal") together with the real property and/or easements to convey irrigation water, to operate and maintain the ditch or canal, and which crosses and intersects said described real property of the Licensee as shown on Exhibit B attached hereto and by this reference made a part hereof; and, LICENSE AGREEMENT - Page 1 WHEREAS, the Licensee desires a license to perform construction to pave a pathway within the District's easement for the Eight Mile 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. Licensee may perform construction involving the paving of the pathway on the west side of the Eight Mile Lateral, within the District's easement for said canal, located within the Tuscany Lakes Subdivision No.2 and Tuscany Lakes Subdivision No.3, south east of the intersection of Victory Road and Locust Grove Road, Meridian, 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 one half hour before sunrise to one half hour after sunset. 4. The parties hereto incorporate in and make part of this License Agreement all the covenants, conditions, and agreements of said Master Pathway Agreement unchanged except as the result of the provisions of this License 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 Licensee 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 Licensee 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 By Its President ATTEST: Its Secretary LICENSE AGREEMENT - Page 2 ATTEST: ~~A STATE OF IDAHO County of Canyon On this _ day of , 2005, before me, the undersigned, a Notary Public in and for said State, personally appeared Monte S. Janicek 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 A-tffli- ) On this :<iI'Lday of c Jcu...e.. , 2005, before me, the undersigned, a Notary Public in and for said State, personally appeared laMitlV de wetr" and w/lf;qk G-.Eerq ..Jr , known to me to be the M.~.p' and c.rl-Y 'c. fer!=-- , respectively, ofTheuCITY OF MERIDIAN, the entity that executed the foregoing instrument and acknowledged to me th~t 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 firs~~~,,~QyftJ'f,~~tten. !fJ"~'~' ~\CB L. ~##~'" /'" :~......ec>....""{~,,,~~ i 'it f ~OT-1<t \-; \ ! i -.... J..: i \~\~Ul1LIC i*i \:>;,..(j.........-:..~ ~I ....4.... OF ID ~ ~,.','.. LICENSE AGREEM~....,.lge 3 '7.&~ N9 ary P lic for ';:;::;jah ~sidin at lVIerIJ.:a.v. ,:r:..~ Myj; mmission Expires: 0'1/2(/ {rJ EXHIBIT A Le!2:al Description Idaho. In the North West 114, Section 29, Township 3 North, Range 1 East, B.M., Meridian, Ada County, EXHIBIT C Soecial Conditions a. Construction of the pathway shall be in accordance with Exhibit D-l attached hereto and by this reference made a part hereof. b. The District's easement for this section of the Eight Mile Lateral is 80 feet, 40 feet to either side of the centerline. Construction shall be completed not later than one year from the date of this agreement. Time is of the essence. LICENSE AGREEMENT - Page 4 Eight Mile Laterall1d Ten MIle Drain In NW114, 8.29, T.3N, R 1E, 8.M" Ada Countx Idaho (qust1994) Exhibi t B Exhibit D-l, page 1 Exhibi t 0-1, page 2 ~ f.1~ '! I~ IU Exhibit D-1, page 3 June 17,2005 MERIDIAN CITY COUNCIL MEETING APPLICANT June 21, 2005 ITEM NO. 5-M REQUEST Amendment to Historic Preservation Consultant Agreement AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATIORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUilDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: See attached ~~ Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meetings shall become property of the City of Meridian. AMENDMENT TO HISTORIC PRESERVATION CONSULTANT AGREEMENT The following is an addendum to that certain HISTORIC PRESERV A nON CONSULTANT AGREEMENT (this "Agreement"), entered~ into on the J!h day of December, 2004. This addendum is made and entered into this~ day of Oune ,2005, by and between CITY OF MERIDIAN, a municipal corporation of the State of Idaho, hereafter called "CITY', and EMILY PEESO, whose address is 6105 Kirkwood Road, Boise, Idaho, hereinafter referred to as "PEESO". CITY and PEESO agree to be bound by the terms of the original Historical Preservation Agreement, as described in Exhibit "A", except as specifically to the addition to Article 3. "Peeso's Responsibilities" to include a Reconnaissance Survey of the City of Meridian including no less than 25 properties as follows: Responsibilities. Peeso's work is to conduct a Reconnaissance Survey of the City of Meridian including no less than 25 properties, at a rate of$25 per hour, for 100 hours of work. The survey area will start in the downtown blocks at the intersection of Main Street and Idaho Street. The work is to include a survey (survey forms, maps and photographs) and organization of the survey data (entering the hard data into an electronic database). The data collected, as directed by the Idaho SHPO, is to produce a list of potentially historically significant properties in the City of Meridian. The data collected is intended to help the Meridian City Planning Department as well as the Idaho SHPO. Deliverables. Peeso will compile the hard copy survey forms and photographs of each property in the survey area. There will also be a plat map outlining the boundaries of the survey area. The survey data will also be organized into an electric database to be distributed to the Meridian City Historic Preservation Committee and Planning Department and the Idaho SHPO. The final product will meet the standards outlined in the. "Idaho Historic Sites Inventory Automated Database Manual for Instruction for Data Entry" and the "Idaho Historic Sites Inventory Manual" and consist of the following: A. Two complete sets of black and white photos properly labeled on the reverse B. Two copies ofthe Survey Data Sheet C. Two copies of the Inventory List D. Two electronic copies of the site forms E. Two electronic copies of the final survey report Reporting/Compensation. Peeso will submit an invoice/timesheet documenting her work in progress every two weeks, or as instructed by the Meridian HPC. The project AMENDMENT TO HISTORIC PRESERV ATlON CONSULTANT AGREEMENT PAGE 1 OF 3 is to average 1 0 hours per week for 10 weeks. At a rate of$25 per hour for 100 holli's, the direct compensation will total $2500. Additional funds, not to exceed $100, shall be available to pay for required materials and processing. This $2,600 amount is in addition to the amount contemplated by Section 2.1 of the Agreement. Upon completion, Peeso will report the findings of the survey to the Meridian HPC. Timeline. The project is to start when the Amendment is approved by every involved party of the original contract. The project is to be complete by August 15,2005 to allow time for the Meridian HPC to complete necessary paperwork for their submission by August 31,2005. All other provisions of the Agreement remain in effect. This addendum shall be effective as of the date herein above written. ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and Made it effective as hereinabove provided. BY: ~(~..{) EMILY PEESO CITY OF MERIDIAN Attest: JJ~4-- WILLIAM G. BERG, AMENDMENT TO HISTORlC PRESERV A nON CONSULTANT AGREEMENT PAGE 2 OF 3 STATE OF IDAHO : ss COUNTY OF ADA On this c;!?CJ~ day of , L-h_G , in the year 2005, before me, a Notary Public, personally a ared EMILY PEESO, known or identified to me to be the persons who executed the instrument and acknowledged to me that they having executed the same. (SEAL) ...~~iEIII..... .~~-----~. $. ,l;~/~OT4~""P.... :~/ ;.A\~~ ; t j:: ~ \4c~ ~l .ttJ ..~~~9..:,~ ... ..U'OFIDl\.~. STATE OF IDAHO .,..... : ss SbfhcLI1.L~--ri:iJJ 111/7 Notary Public for Idaho Residing at: Commission expires: tf,/;~J20fO County of Ada On this~ day of ~tUL'€... , in the year 2005, before me, a Notary Public, personally appeared Tammy de Weerd and William G. Berg, Jf., know or identified to me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the instrument or the person that executed the instrument of behalf of said City, and acknowledged to me that such City executed the same. (SEAL) ~..........~~ .~~J;""...#. ~.".. "!!;-'\;. ........:-r.r,;. ~#. l...;'r' ... ....? ":0-:. " I ~OTAJt.~ \ ~ x i ...- : *: ;,: \. J>UBt'\C i j if). ~.>...~.....".... ~O....l .~~..;.~-~~.~~~.....".. AMENDMENT TO HISTORIC PRESERVATION CONSULTANT AGREEMENT PAGE30F3 June 24, 2005 MERIDIAN CITY COUNCIL MEETING APPLICANT City Attorney Department Reports June 28, 2005 ITEM NO. 6-A-l REQUEST Update on Office Remodel at Farmers & Merchants Old Branch Building AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: rtfJ/!-u 17/) t ~()iV ~ {JVf 0 ~ kits Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meetlngs shall become property of the City of Meridian. June 24, 2005 MERIDIAN CITY COUNCIL MEETING APPLICANT REQUEST Resolution - New Solid Waste Collections Fees June 28, 2005 ITEM NO. 17 AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: See attached Resolution ~J tfl~ ; & ovfr Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meetings shall become property of the CIty of Meridian. CITY OF MERIDIAN RESOLUTION NO. &5"..... 41 f3 BY THE CITY COUNCIL: BIRD, DONNELL, ROUNTREE, WARDLE A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MERIDIAN, SETTING FORTH CERTAIN FINDINGS AND PURPOSES; AUTHORIZING THE MAYOR AND CITY CLERK TO ALLOW, ON BEHALF OF SAID MUNICIPALITY, A RATE INCREASE FOR SOLID WASTE COLLECTION SERVICES DUE TO ADA COUNTY LANDFILL RATE INCREASE, TO PROVIDE FOR THE SOLID WASTE DISPOSAL RATE CHANGES WITHIN THE CITY OF MERIDIAN, EFFECTIVE THE FIRST DAY OF JULY, 2005, BY AND BETWEEN THE CITY OF MERIDIAN AND SANITARY SERVICES COMPANY. WHEREAS, the franchise agreement between Sanitary Services Company and the City of Meridian provides that landfill rate increases may be passed on to the consumer; and, WHEREAS, On May 3, 2005 the Ada County Commissioners unanimously adopted Resolution No 1314 raising landfill "tipping fees" as of July 1 st, 2005; and, WHEREAS, Sanitary Services Company has provided detailed information regarding how the new landfill rate structure will affect solid waste collection rates; and, WHEREAS, the requested increases in solid waste collection fees are reasonable and in compliance with the franchise agreement. NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN CITY, IDAHO: Section 1. The Mayor and City Clerk are hereby authorized to allow, on behalf ofthe City of Meridian, the solid waste disposal rate increases within the City of Meridian as set forth in that certain memorandum dated June 9, 2005 from Sanitary Services Company. A copy of the memorandum is attached to this resolution and incorporated herein by this reference. Section 2. The effective date for these solid waste collection rates shall be July 1, 2005. Resolution for Rate Increase for Solid Waste Collection Services Due to Ada County Landfill Rate Increase- page 1 of2 ADOPTED by the City Council of Meridian, Idaho, this ze7'f: day of J~ 2005 APPROVED by ~he M~YOr of the City of Meridian, Idaho, this 2B~ day of d~ ,2005. APPROVED: ATTEST: ,I .Jf~/;.~'R CITY CLERK Resolution for Rate Increase for Solid Waste Collection Services Due to Ada County Landfill Rate Increase- page 2 of2 MEMORANDUM To: Mayor Tammy DeWeerd Members of the Meridian City Council: Mr. Shaun Wardle, President Mr. Keith Bird, Vice President Mr. Charlie Rountree Ms. Christine Donnell From: Sanitary Services Company, Inc. Rate Increase for Solid Waste Collection Services Due to Ada County Landfill Rate Increase Subject Date: June 9, 2005 I ntrod uction Sanitary Services Co. JUN - 9 2005 City of Meridian City Clerk Office Effective July 1, 2005 the Ada County Commissioners are raising the disposal fees at the Hidden Hollow Landfill. Ada County Resolution No. 1314 is attached to this memorandum. Table 1 indicates the current and future (July 1) rate structure for all waste entering the Ada County Hidden Hollow Landfill. Table 1 Ada County Landfill Rates Rate Change Effective July 1, 2005 Wood Waste Noncompacted/loose C onstruction/Demolition Compacted Tires Refrigeration Units Asbestos Current Rates . per cubic yard per cubic yard per cubic yard per cubic yard Each Each per cubic yard $ 1.25 $ 2.50 $ 5.50 $4.00 $ 1.50 $10.00 $25.00 Future Rates $ 1.50 per cubic yard $ 3.00 per cubic yard $ 6.00 per cubic yard $ 6.00 per cubic yard $ 2.00 each $12.00 each $25.00 per cubic yard % Increase 20% 20% 9% 50% 33% 20% 0% As you can see from Table 1 the compacted waste rate IS increasing 50%. All residential and commercial waste from municipalities is compacted waste. Construction wastes will be increasing to a lesser degree. In 2004 Sanitary Services paid q" ~J P.O. Box 626, Meridian, 10 83680 1 Phone 208/888.3999 Printed on RecyCled Paper Fax 208/888-5052 approximately $870,000 in disposal fees to Ada County. Had this new rate structure been in effect in 2004, fees would have been in excess of $1.2 million. New Rate Structure Our contract with the City of Meridian allows us to pass through to the consumer the effects of landfill rate increases that we have no control over. Also, these costs are specifically eliminated from any annual CPI rate increases since they are controlled by Ada County. To modify our rates accurately we determined the proportion of each rate that is disposal. Our analysis indicates that residential rates are 11 % disposal and commercial rates are 16% disposal. Construction waste collection invoices disposal separately so no analysis is required for that waste stream. Therefore, for a residential customer that is paying $10.15 per month, the amount attributable to disposal is $1.13 per month ($10.15 * 0.11 = $1.13). With the disposal of this type of waste increasing 50% the new disposal rate per house per month increases by $0.57 from $1.13 to $1.70. This incremental increase ($0.57) has to be adjusted further to account for the City of Meridian's 6% franchise fee, adding an additional $0.03 to each residential monthly bill. Therefore, the final residential rate becomes $10.75 ($10.15 + $0.57 + $0.03) per month per home. Overall this is a 5.9% rate increase. We have completed similar calculations for all of the commercial rates and have attached a modified rate sheet for your review. Rates by category increased as follows: Residential collection Commercial can collection Commercial container collection Commercial compactor collection Roll- Off services 5.9% 9.4% 9.4% 15% - 20% 4.2% - 31.3% Please be aware that rates will be modified again in September based upon CPI adjustments as allowed in our contract. Other Changes Asbestos Haulinq Sanitary Services on rare occasions hauls asbestos waste to the landfill. Currently, there is no specific rate for this service and we are proposing the following rate structure: Haul to Ada County Landfill: Haul to Idaho Waste Systems: $132.0D/haul + Disposal + Franchise Fees $21 D.OD/haul + Disposal + Franchise Fees This waste stream is hauled in roll off containers and its transportation and disposal is governed through the Federal Toxic Substances Control Act. To haul this material the driver is required to have additional training and be able to use specific safety equipment in case of an emergency. Because of the additional training requirements and the additional safety equipment that we must have available we are requesting a rate higher than a typical roll off container rate. Voluntary Commercial Cardboard Collection Currently Sanitary Services collects cardboard from commercial accounts on a voluntary basis in 3 cubic yard containers. The material is collected once per week and customers may have a second container if they need it. We propose to change the collection to use 5 cubic yard expanded metal containers and allow collections three times per week. There will be no cost increase to the customers per dump while the volume per dump will increase from 3 cubic yards to 5 cubic yards. Proposed Solid Waste Collection Rate Changes Residential Toter Carts Habitual Late Can Fee Commercial Cans (Current) 1 - 3 cans 4 - 6 cans 7 - 9 cans Commercial Cans (Proposed) 1 - 3 cans 4 - 6 cans 7 - 9 cans Commercial Containers (Current) 1 1/2 Yd 3 Yd 6Yd 8Yd Commercial Containers (Proposed) 1 1/2 Yd 3 Yd 6Yd 8 Yd Commercial Compactors 2Yd 3 Yd 4 Yd 5 Yd 6Yd 8 Yd Temporary Container Service Delivery Daily Rental Monthly Rental Extra Dump 3 Yd Extra Dump 6 Yd Extra Dump 8 Yd Proposed Rates Effective 7/1/05 Sanitary Service Inc. Proposed Current Rate Rate Structure Structure 10.15 ~ 2.55 $ 2.55 5.00 $ 5.00 1 /v./k 2/wk 3/wk 15.98 $ 31.96 $ 47.94 31.96 $ 63.93 $ 95.89 39.54 $ 79.08 $ 118.62 1/v./k 2/wk 3/wk 17.49 34.98 52.47 34.98 69.96 104.94 43.27 86.55 129.82 1/wk 2/wk 3/wk 4x1wk 58.30 83.14 107.54 $ 144.26 61.11 98.97 136.90 $ 180.36 95.33 154.02 212.64 $ 283.53 113.17 176.10 234.74 $ 303.62 1/wk 2/wk 3/wk 4x1wk 63.80 90.99 117.69 157.88 66.88 108.31 149.82 197.39 104.33 168.56 232.71 310.30 123.85 192.72 256.90 332.28 Current Proposed 27.65 $ 31.89 36.75 $ 43.11 45.89 $ 54.37 55.00 $ 65.60 63.69 $ 76.41 86.06 $ 103.02 Current Proposed 18.00 $ 18.00 0.t7 $ 0.67 18.00 $ 18.00 19.87 $ 20.67 30.91 $ 32.50 39.74 $ 41.86 5/wk 6/wk 180.90 $ 217.55 237.10 $ 287.22 354.45 $ 425.34 377.02 $ 447.14 S/v./k 6/wk 197.98 238.09 259.48 314.33 387.91 465.49 412.61 489.35 Miscellaneous Collection Services Tires Refrigerators Overflow Cleanup $ 2.19 $ 2.72 $ 34.76 $ 36.88 $11.20 for 5 min $12.40 for 5 min Roll Off Services $45.00/haul + disposal + franchise fees (6 -10 CY containers) $101.00Ihaul + disposal + franchise fees (20 - 40 CY containers, Weekdays) $152.00/haul + disposal + franchise fees (20 - 40 CY containers, Weekends) $132.00/haul + disposal + franchise fees (asbestos - Ada County) $210.00Ihaul + disposal + franchise fees (asbestos - Idaho Waste Systems) Extra services $ 82.38 per hour Roll Off Container Rental 6Yd 8 Yd 10 Yd 20Yd 30Yd 40Yd - NO CHANGE $ 1.38 per day $ 1.79 per day $ 1.99 per day $ 2.40 per day $ 3.00 per day $ 3.27 per day Landfill Rates with Franchise Fees (Current) Size 6Yd 8 Yd 10 Yd 20Yd 30Yd 40 Yd SW Dump Demo Dump 15.90 $ 34.98 21.20 $ 46.64 26.50 $ 103.30 53.00 $ 116.60 79.50 $ 174.90 106.00 $ 233.20 Landfill Rates with Franchise Fees (Proposed) Size 6Yd 8 Yd lOYd 20 Yd 30Yd 40Yd SW Dump Demo Dump 19.08 $ 38.16 25.44 $ 50.88 31.80 $ 63.60 63.60 $ 127.20 95.40 $ 190.80 127.20 $ 254.40 Voluntary Commercial Cardboard Collection (Current) - 3 CY containers 1 x/week 1 container 38:tJo 2 containers 68.00 Voluntary Commercial Cardboard Collection (Proposed) - 5 CY containers 1 x/week 2 x/week 1 container 38.00 $ 68.00 $ 2 containers 68.00 $ 98.00 $ 41.37 per month 53.63 per month 59.76 per month 68.71 per month 83.99 per month 95.98 per month Compact Wood Dump Waste $ 7.98 $ 10.64 $ 13.30 84.80 $ 26.50 127.20 $ 39.75 169.60 $ 53.00 Compact Wood Dump Waste $ 9.54 $ 12.72 $ 15.90 127.20 $ 31.80 190.80 $ 47.70 254.40 $ 63.60 3 x/week 98.00 128.00 RES9LUTION NO. 1314 AT A MEETING OF THE BOARD OF ADA COUNTY COMMISSIONERS, STATE OF IDAHO, ON THE ~ DAY OF ~, 2005, THE FOLLOWING RESOLUTION WAS UNANIMOUSr,y ADOPTED, TO WI : - " WHEREAS, the last resolution setting tipping fees was adopted on August 1'7, 1998 (Resolution #548-3-98); and ' 1~ WHEREAS, a resolution initiating a $10.00 disposal fee for each cathode ray tube (CRT) was adopted on May 14, 2002 (Resolution #1137); and WHEREAS, in order to offset the increased costs incurred for hazardous waste management and wood waste recycling at the Ada County landfill, an amended fee schedule needs to be adopted; and NOW, THEREFORE, BE IT RESOLVED, that pursuant to Ada County Code Section 5-2-4, the following fee schedule identified as Exhibit "A" to this Resolution for Ada County Solid Waste Management Department, shall be effective on the 1st day of July, 2005: BE IT FURTHER RESOLVED that Resolution #548-3-98 is hereby repealed in its entirety. BE IT FURTHER RESOLVED that Resolution #1137 is hereby repealed in its entirety. APPROVED AND ADOPTED this~ day of /1/flj ,2005. Board of Ada County Commissioners By: 0"~ . M MA.-.- Rick Yzaguirre, aitan By: ~"a">~A1 ll~lIu 1_/)""" / udy Pea ey-Derr, Co1I1Illissioner By: i~~~ Fred Tilman, Commissioner ATTEST: RESOLUTION NO. 1314 - PAGE 1 of2 z: \commissioner\cocurrent\resolutions 2005\reso lution no, 13] 4 " landfilll fee increase. doc EXHIBIT' \" Material Tippin!! Fee Minimum Charge Compacted Waste Construction Debris/Appliances Non-compacted Waste Wood Waste! Refriferation Units2 Tires Asbestos (minimum, including disposal certi j Asbestos Disposal Certification Fee Reductionf\Vaiver4 $ 6.00 $ 6.00 per cubic yard $ 6.00 per cubic yard $ 3.00 per cubic yard $ 1.50 per cubic yard $i2.00 each $ 2.00 each ;ate) $ 50.00 $25.00 per cubic yard $15.00 -0- 1. Recyclable wood loads must contain only wood waste. Individuals depositing loads containing other waste materials (mixed waste) will not receive the recyclable wood rate. Wood waste will include structural lumber, plyvvood, siding, pallets, utility spools, brush, and limbs. Maximum Length - 8', Maximum Diameter - 20". 2. Includes all units with refrigerant and compressors (i.e." refrigerators, freezers, and air conditioners). Limit - 2 per household per year. No commercial loads accepted. 3. Limit - 4 tires per vehicle per visit, cannot exceed 1 T' rim diameter 4. The Board of Ada County Conunissioners may, from time to time, under circum- stances deemed appropriate, authorize a fee reduction or fee waiver. RESOLUTION NO. 1314 - PAGE 2 of2 z:\commissioner\cocurrent\reso]utions 2005\resolution no. 13]4 - JandfilU fee increase. doc June 24, 2005 MERIDIAN CITY COUNCIL MEETING APPLICANT June 28, 2005 ITEM NO. 12 REQUEST Ordinance - Adopting the 2003 International Building Codes AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: See attached Ordinance l t fl t:./ ../ @ VJ ~dlf (7J . {VV yl Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meetings shall become property of the City of MeridIan. CITY OF MERIDIAN ORDINANCE NO. t!J5-j( 51 BY THE CITY COUNCIL: BIRD, DONNELL, ROUNTREE, WARDLE AN ORDINANCE AMENDING TITLE 10, CHAPTER 1, OF THE MERIDIAN CITY CODE REGARDING THE BUILDING CODE; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR A SUMMARY; AND PROVIDING FOR A WAIVER OF THE READING RULES; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: Section 1. That Title 10, of the Meridian City Code is amended to read as follows: Title 10 BUILDING REGULATIONS CHAPTER 1 BUILDING CODES 10-1-1: ADOPTION OF INTERNATIONAL BUILDING CODE, INTERNATIONAL ENERGY CONSERVATION CODE AND INTERNATIONAL RESIDENTIAL CODE: There is hereby adopted by themMayor and the e~)ty €~ouncil, for the purposes of regulating the erection, construction, enlargement, alteration, repair, moving, removal, demolition, conversion, occupancy, equipment use, height, area, and maintenance of all buildings or structures; providing for the issuance of permits, and collection of fees thereof; providing for penalties for the violation thereof, certain building codes known as the i1ntemational a~uilding s.code, ilntemational fResidential e.code, parts I-tV Y1 and IX, and i-lnternational e~nergy e.conservation s.code, including all appendices published by the International Code Council, being particularly the 200GJ. edition thereof and the whole thereof, save and except such portions as hereinafter deleted, modified or amended by section 10-1-4 of this chapter, on file in the eQity e~lerk's office, and the same are hereby adopted and incorporated in full as if set forth at length herein. From the date in which this chapter takes effect, the provisions thereof shall be controlling within the limits of the eQity. (Appendix A to the :i:lnternational a~uilding eQode is not adopted.) (Grd. 02 993, 12 17 2002, eff. I 1 2003) 19 1 2: ADOPTION OF UNIFORIVI CODE FOR :\B A~ TEMENT OF D/'..NCERQYS BUILDINCS: ADcfinitions: For the purpose of this eode, emiain temls, phrases, "ores and their deri ati. es s1-lall 138 eonstrueEl-as--speei-Fi:ed in citI'ler this d'lapter or as spee:i:fieEi-ffi--#re BUILDING CODE AMENDMENT - 2005 Page 1 of8 ~ecle-ef-t.lte-fl~e4&.--Wflere tenus are net-EleH-Hed, the) ha, e their eFffina.t:y-aeeepreEl-meaninbs "ithin the e~t , ith "hieh tho) ar~ Hscd. n'N ebste.Fs ~Htcmntiona1 Dictionar) Of The Enblish Language, Unabridge&; eopyright 1986, sha-l-l-he-€enstffied as pro {idin.!; ordinal") accepted meaaings. Words llil€d in the singular inc1ud~ the plural and the plural the sinbular. 'N eras uscEl-ffi.-tfle FFl:flSe1.::1-lffie-geREler-ffl€.l.Bde-#1.C femiFliHo and the fCI'Flininc the mascHlinc. BUILDING CODE: The-ap~efle~BflSt-Rtettetl-aR€l-bBt~ th~1,},as-adapre~iaR-etty-e~et-i:€ll1l0 1 1 of this ffiapter. HOOSING CODE: The Hl'lifonn hol.::l-Siflg-€ode promulgatcd--by--th.e lntcmationa1 GeffieFefl€C of gailding Offic~J*ed by this jm-isdietio& BA-~~atem-eB:t-of dan.;crous 8uildinf;s, seetie~aI-terations, additions and repairs and section 204---ffis.peetiett-ef..weFl" slta+~clecl-ana-sfla-ij--BBw-read as folIo ,,'S: Section 103 LA Iterations, .A~dditi0ns .'\nEl-Repaffir.-Atl-buildings or stru~ are-reEtHire4-te-lre-ref*Ti-red-~e-ffite~~OOe; Seetten 201 Inspeetien-Gf.Weflc.^ 11 81:1i1aings 6f-Stmet:ltres "ithin the scope-ef.t.l:H.s €e6e--and aU construction or Nef.!E--f.ef-which a permit is reftl:HreEl-sflal-l-i7e-&~eHe iBsre~e buildiag official in ac€erdanco ,A-th-and in the manne~Ei-b:y tflis-eode aHa the intomatiOl'lal building code. C. Po" ers .A.na Duties Of Building Official: 'Nhene, 0r "builail'lg official" is refcrreEl.--fe and used in said Hniform code for the abatement af dangcroHs buildil'lgs, it sl'lall be amended to re~ublic works dircetor, or designee" and all the po" ers and duties ifrl.pesed by said uniform. code for abatement sf dangerous buildings are hereby ~d on the "director, or designee" pursl:lant to the pro, isions of this code. ~ayment Of Repair .^~na DemolitioR Fund: LA.JI money reco, erod by payment of the change or assessment s1' from the sale of the property at-rereelosure sale shall 80 paid to the treasurer of this j urisdietiol'l, . ho shall eredit the same to the repair aHd demolition Rmd. (Ord. 01 1097,8 21 2001) 10-1-2: CReDealed) 10-1-3: ADOPTION OF UNIFORM CODE FOR BUILDING CONSERVATION: There is hereby adopted by them-Mayor and the eQity eQouncil, for the purpose of regulating the continued use or reuse of legally existing buildings and structures; BUILDING CODE AMENDMENT - 2005 Page 2 of8 providing the minimum standards for change of occupancy, alteration or repair of existing buildings and structures, to be cumulative with and in addition to any other remedy and regulation provided by the b-~uilding €~ode, htlousing €~ode or otherwise available by law, the aUnifonn €~ode for b-Building €~onservation, 1997 edition, as copyrighted by the International Conference of Building Officials, and the whole thereof, save and except such portions as hereinafter deleted, modified or amended by section 10- Hofthis chapter, on file in the e~ity e~lerk's eQffice, and the same are hereby adopted and incorporated in full as if set forth at length herein. From the date in which this chapter takes effect, the provisions thereof shall be controlling within the limits of the €~ity. (Oni. 02993,12 172002, efr. 1 12003) 10-1-4: AMENDMENTS TO ADOPTED CODES: Section 105.1 iInternational b~uilding e~ode be and the same is amended with the addition of subsection 1 05.1.m J. to provide as follows: 105. I.G+ J Pennits Required For Prefabricated And Mobile Structures: No prefabricated structure, mobile home, or house trailer shall be installed, erected, constructed, enlarged, altered, repaired, moved, improved, removed, converted or demolished unless a separate permit for each building or structure has first been obtained from the building official. Section 108.2 iJnternational b~uilding €~ode be and the same is amended to provide as follows: 108.2 Pennit Fees. The fee for each pennit shall be as set forth pursuant with a schedule of penn it fees as established by resolution of the City Council. The determination of value or valuation under any of the provisions of this code shall be made by the b~uilding eQfficial. The value to be used in computing the building permit and building plan review fees shall be the total value of all construction work for which the permit is issued as well as all finish work, painting, roofing, electrical, plumbing, heating, air conditioning, elevators, fire extinguishing systems and any other permanent equipment. Section 312.1 ilntemational b~uildingeQode be and the same is amended with the deletion of the requirement for agricultural buildings to comply with the International Energy Conservation Code. Section 1805.4 ilnternational b-Building eQode be and the same is amended with the addition of subsection 1805.4.5 and 1805.4.6 to provide as follows: 1805.4.5 Wood. Regardless of the provisions of the ~ International fB,esidential Code, this Chapter, related Chapters, Appendices or Tables, the City of Meridian shall not allow wood, treated or othenvise, to be used for footings or foundations. BUILDING CODE AMENDMENT - 2005 Page 3 of8 Section R402.1 ilnternational fResidential eCode be and the same is amended to provide as follows: R402.! Wood. Regardless of the provisions ofthe~n Intemational Building Code, this Chapter, related Chapters, Appendices or TabIes, the City of Meridian shall not allow wood, treated or otherwise, to be used for footings or foundations. Section R309.2 International Residential Code be and the same is amended to provide as follows: R309.2 Walls and ceiling of garages shall be covered with not less than 5/8-inch (15.9 mm) Type X gypsum board or equivalent. (Ord. 02993,12 172002, off. 112003) 10-1-5: MOBILE HOMES, TRAILER HOUSES AND PREFABRICATED STRUCTURES: Any mobile home, house trailer, or prefabricated structure constructed prior to moving in or placement on any lot or parcel within the e~ity shall be considered as a building or structure subject to regulation by the 20003 i!nternational b~uilding eCode. ~ 993, 12 17 2002, off. 1 1 2003) 10-1-6: SOLID FUEL HEATING APPLIANCES: A.Short Title And Purpose: This section shall be known and cited as the SOLID FUEL HEATING APPLIANCE ORDINANCE. The purpose of this section is to protect air quality resources vital to public health and safety and the economic future of Meridian by controlling emissions from the burning of solid fuel. B.Definitions: For the purpose of this section, the following tenns, phrases, words and derivations shall have the meanings herein. The word "shall" is always mandatory and not merely directory. BUILDING: Any structure, dwelling, office, industrial plant, garage, or barn, whether publicly or privately owned or any other structure as defined by the tlnternational bBuilding sCode as adopted by section 10-1-1 of this chapter. CLEAN BURNING APPLIANCE: A solid fuel heating appliance that has been certified as clean burning by the Oregon dQepartment of eEnvironmental ElQuality. PERSON: Any individual, firm, partnership, association, corporation, company, organization, or government entity. SOLID FUEL: Any form of untreated wood or coal. BUILDING CODE AMENDMENT - 2005 Page 40f8 SOLID FUEL HEATING APPLIANCE: A device designed for solid fuel combustion so that usable heat is derived for the interior of a building, including, but not limited to, solid fuel fired cooking stoves, potbellied stoves, Franklin stoves, airtight stoves, fireplace inserts, or combination fuel furnaces or boilers which bum solid fuel. Fireplaces with air to fuel ratios that exceed thitiy to one (30: 1) are exempt. C.Solid Fuel Heating Appliance Penuits: 1. It shall be unlawful for any person in the €~ity to install a solid fuel heating appliance in any new or existing building without first obtaining from the e~ity :e..auilding ilnspector a sS.olid tEuel flHeating atippliance pEenuit. 2. It shall be unlawful on or after the effective date hereof for any person in the €Qity to advertise for sale, offer to sell, or sell, for installation in any new or existing building, a solid fuel heating appliance which has not been certified as clean burning by the Oregon clJ2epartment ofe~nvironmental EtQuality. D.Issuance Of Solid Fuel Heating Appliance Penuits: 1. No s.s.olid fEuell:iHeating aAppliance pfenuit shall be issued by the €Qity b.6.uilding iInspector or his designee for the installation of a solid fuel heating appliance which has not been certified as clean burning by the Oregon clQepartment ofeEnviromnental E}-Quality. 2. The €Qity b~uilding ilnspector shall maintain a list of appliances certified to be clean burning by the Oregon clQepartment of eEnvironmental E}-Quality. E.DeniaIOfPennit: 1. Upon a showing of sufficient cause to believe that grounds exist for the denial of a penuit, the eQity b.6.uilding tInspector or his designee may deny said permit by sending a written notice containing the grounds for said denial and the applicant's appeal rights to the €Qity e~ounciL Such written notice shall be mailed regular first class postage. 2. Failure of a person to actually receive a notice sent shall not invalidate the denial. 3. The applicant, upon receiving notice of the denial, may appeal said denial by filing a written application with the eQity eQlerk for a hearing before the eQity eQouncil. Such written appeal must be filed with the eQity eQlerk within fifteen (15) days of the issuance date of the notice of denial. F.Denial Hearing And Determination By Board: At any hearing before the eQity eQouncil pursuant to this section applicant may present evidence, call witnesses and be represented by counsel. Within fifteen (15) working days after the date of the hearing, the eQity eQouncil shall, after making appropriate findings, either: BUILDING CODE AMENDMENT - 2005 Page 5 of8 1. Uphold the denial by the bBuilding iInspector or his designee, or 2. Allow the issuance of the permit. G.Appeal Of Decision Of Board: The decision of the eQity eQouncil on a denial shall be final and conclusive. Appeal from a decision of the eQity e~ouncil must be made to the J.Qistrict e~ourt of the s~tate of Idaho, in and for the eQounty of Ada under the Idaho aAdministrative rfrocedures aAct. H.Cooperation With Boise City And Ada County In An Incentive Program: TheeQity shall cooperate with the e~ity of Boise and Ada County in endeavors to create, and, if possible, provide funding for an incentive program for the installation of clean burning solid fuel heating appliances in buildings. (Ord. 02 993, 12 17 2002, eff. 1 2-GW-1 10-1-7: SAVING CLAUSE: Nothing in this chapter or in the i-lnternational bBuilding e~ode B-f-Bfli-fem:ree4e-fer ~~0R, as adopted and amended herein shall be construed to affect any suit, action, or proceeding now pending in any court, or any rights acquired, or liability incurred, nor any cause or causes of action accrued or existing, under any act or ordinance repealed hereby. Nor shall any right or remedy of any character be lost, impaired or affected by this chapter. (Grd. 02 993, 12 17 2002, efr 1 I 2003) 10-1-8: VALIDITY: The eQity eQouncil hereby declares that any section, paragraph, sentence or word of this chapter or of the fInternational bJ2.uilding e~ode or uniform eo de fDr blfi.l.El-i.ng ~, as adopted and amended herein be declared for any reason to be invalid it is the intent of the Meridian eQity eQouncil that it would have passed all other portions of this chapter independent of the elimination herefrom of any portion as may be declared invalid. (Ord. 02 993, 12 17 2002, eff. 1 I 2003) 10-1-9: PENALTIES: AMisdemeanor; Penalty Imposed: A violation of this chapter is hereby declared to be a misdemeanor and any person who violates any of the provisions of this chapter or of the i-International bB.uilding eQode, -ilntemational Flsesidential eQode, patiS I +V .Yl and IX, and i-lntemational egnergy eQonservation e~ode or l:lf1ifenn 60de for 8uilding ~, as adopted and amended herein or fails to comply herewith, or who violates or fails to comply with any order made thereunder, or who builds in violation of any detailed statement of specifications or plans submitted and approved thereunder, or any certificate or permit issued thereunder, and from which no appeal has been taken, or fails to comply with such an order as affirmed or modified by the board of appeals as provided for under section +(B. 112 of the fInternational bJ2.uilding e~ode or by a court of competent jurisdiction, within the required time, shall BUILDING CODE AMENDMENT - 2005 Page 6 of8 severally for each and every such violation and noncompliance, respectively, be guilty of a misdemeanor punishable as provided in section 1-4-1 of this code. The imposition of one penalty for any violation shall not excuse the violation or pennit it to continue; and all such persons shall be required to correct or remedy such violations or defects within a reasonable time; and when not otherwise specified, each ten (10) days that prohibitive conditions are maintained shall constitute a separate offense. B.Removal Of Prohibitive Conditions: The application of the above penalties shall not be held to prevent the enforced removal of prohibitive conditions. C.Civil Action: Whenever it appears to the e~ity e~ouncil that any person has engaged or is about to engage in any act or practice violating any provision ofthis chapter, the eDtyeQouncil may institute a civil action in the aDistrict eQourt to enforce compliance with this chapter. Upon a showing that a person has engaged or is about to engage in an act or practice constituting a violation of this chapter, a permit or temporary injunction, restraining order or other such relief as the court deems appropriate may be granted. The eQity e~ouncil shall not be required to furnish any bond in said civil proceeding. ~93, 12 172002, eff. 1 ] 2003) Section 2. 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. __._PASSED by the City Council of the City of Meridian, Idaho, this 2e~day of ~I Vv1..e- . 2005. .-.-. APPROVED by the Mayor of the City of Meridian, Idaho, this Zf3rf: day of .J ~ ,2005. APPROVED: BUILDING CODE AMENDMENT - 2005 Page 7 of8 NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.C. ~ 50-901(A) CITY OF MERIDIAN ORDINANCE NO. 05- /157 PROVIDING FOR AN AMENDMENT MERIDIAN CITY BUILDING CODE ORDINANCE An Ordinance of the City of Meridian amending Title 10, Chapter 1, of the Meridian City Code regarding the Building Code and the adoption of the International Building Code with some exceptions. A full text of this ordinance is available for review at City Hall, City of Meridian, 33 East Idaho, Meridian, Idaho. This ordinance shall be in full force and effect after its passage, approval and publication on or about August 1, 2005. c~;!~Jf Mayor and City Council By: Willimn G. Berg, Jr., City Clerk First Reading: G- ze -tJ S Adopted after first reading by suspension of the Rule as allowed pursuant to Idaho Code 50-902: YES~ NO_ Second Reading: Third Reading: STATEMENT OF MERIDIAN CITY ATTORNEY AS TO ADEQUACY OF SUMMARY OF ORDINANCE NO. 05- 1(5"7 The undersigned, William L.M. Nary, City Attorney of the City of Meridian, Idaho, hereby certifies that he is the legal advisor of the City and has reviewed a copy of the attached Ordinance No. 05- / ('?7 of the City of Meridian, Idaho, and has found the same to be true and complete and provides adequate notice to the public pursuant to Idaho Code ~ 50-901A (3). DATED this J.et1:: day ofJune, OOA ~ ---- lit}, BUILDING CODE AMENDMENT - 2005 Page 8 of8 June 24, 2005 MERIDIAN CITY COUNCIL MEETING APPLICANT June 28, 2005 ITEM NO. 13 REQUEST Ordinance - Adopting the 2003 Intemational Fire Code AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: See attached Ordinance 60 IVI 6/ II / & trl( Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meetings shall become property of the City of MeridIan. CITY OF MERIDIAN ORDINANCE NO. &t>-1(f)8 BY THE CITY COUNCIL: BIRD, DONNELL, ROUNTREE, WARDLE AN ORDINANCE AMENDING TITLE 10, CHAPTER 4, OF THE MERIDIAN CITY CODE REGARDING THE FIRE PREVENTION CODE; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR A SUMMARY; AND PROVIDING FOR A WAIVER OF THE READING RULES; AND PROVIDING AN EFFECTIVE DATE BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: Section 1. That Title 10, Chapter 4, of the Meridian City Code is amended to read as follows: SECTION 2: That Chanter 4 of Title 10 of the Meridian City Code be and the same is hereby reenacted to read as follows: CHAPTER 4 FIRE PRE"ENTION CODE 10-4-1: INTERNATIONAL FIRE CODE ADOPTED: There is hereby adopted by the mayor and the city council of the city of Meridian, county of Ada, state of Idaho, for the purpose of regulating and governing the safeguarding of life and property from fire and explosion hazards arising from the storage, handling and use of hazardous substances, materials and devices, and from conditions hazardous to life or property in the occupancy of buildings and premises in the city of Meridian, Idaho, and providing for the issuance of permits for hazardous uses or operations; and each and all of the regulations, provisions, conditions and terms of such iR-tematisRal fire eeas, 2000 eaitisR, J300lisflea B:, the IatematieRal Ceae CS1:1Reil, Iae., eEe eefJ) sf flieh aas BeeR aHa is He SA. file iR the effiee af the ~ 1eriaiafl sit) elerk aHa the same are aereh) aaeJ3tee aHe iRserparatee as full) as if set 81:1t at length hereiR. Frem the eate ill .. flieR tHis eH.aflter shall take etreet, the pre isiaas theresf saa-ll Be esfttrelliRg . itflill the limits sUae eit:, sfHerieiall, eeRlltj sL\ea, state eflaaLe. (OrEl. 03 1 03~, 8 28 2003, eft. 8 ~ International Fire Code. 2003 edition, nublished bv the International Code Council Inc. one (1) COD V of which has been and is now on file in the office of the Meridian Citv Clerk and the same are hereby adopted and incorporated as fully as if set out at leng:th herein. From the date in which this chanter shall take effect the nrovisions thereof shall be controlling: within the limits of the city of Meridian County of Ada. State of Idaho. 10-4-2: AMENDMENTS TO THE 2003 INTERNATIONAL FIRE CODE: FIRE CODE AMENDMENT - 2005 Page 1 of 10 102.1.1 New construction, additions and alterations: Approval as a result of plan reviews shall not be construed to be an approval of a violation of the provisions of this code or of other ordinances of the jurisdiction. Plan reviews presuming to give authority to violate or cancel provisions of this code or of other ordinances of the jurisdiction shall not be valid. 103.1 General. The department of fire prevention is established within the jurisdiction under the direction of the Fire Chief. The function of the department shall be the implementation, administration and enforcement of the provisions of this code. 103.2 Appointment. The Code Official shall be the Fire Chief ofthe jurisdiction. In the absence ofthe Fire Chief, the Deputy Chief-Fire Prevention or designee shall be ~the Code Official. 103.3 Deputies. In accordance with the prescribed procedures of this jurisdiction and with the concurrence of the appointing authority, the fire chief shall have the authority to appoint a deputy fire chieflfire prevention, or other technical officer, inspectors and other employees. 104.1 General. The code official is hereby authorized to enforce the provisions of this code and shall have the authority to render interpretations of this code, and to adopt policies, procedures, rules and regulations in order to clarify the application of its provisions. Such interpretations, policies, procedures, rules and regulations shall be in compliance with the intent and purpose ofthis code and shall not have the effect of waiving requirements specifically provided for in this code. The fire chiefis authorized to administer and enforce this code. Under the chiefs direction, the fire department is authorized to enforce all ordinances of the jurisdiction pertaining to: a. the prevention of fires; b. the storage, use and handling of hazardous materials; c. the installation and maintenance of automatic, manual and other private fire alarm systems and fire-extinguishing equipment; d. the maintenance and regulation of fire escapes; e. the maintenance of fire protection and the elimination of fire hazards on land and in buildings, and other property, including those under construction; g. the maintenance of means of egress, and FIRE CODE AMENDMENT - 2005 Page 2 of 10 h. the investigation of the cause, origin and circumstances of fire and unauthorized releases of hazardous materials, for authority related to control and investigation of emergency scenes, see Section 104.1 I . IFC 104.1.2 Fire prevention bureau personnel and police. The chief and members of the fire prevention bureau shall have the powers of a police officer in performing their duties under this code. When requested to do so by the chief, the chief of police is authorized to assign such available police officers as necessary to assist the fire department in enforcing the provisions of this code. IFC 104.6.3 The fire sefJaflE:18f1:t sBalll~ssfJ a FSeElfS Elf fires Eleel::lrflRg ithiR its jurisaietieR aRa Elf fasts eef!eerniRg the same, iRell::laiRg statisties as te the eJTteat sf sueR fires aaa the aamage eal:::1sea there13j, tElgether . ith ether iafeFfflatieR as refjl:liFea 13) the eeae sfficia1. "The fire department shall retain for not less than five (5) years a record of each investigation made showing the cause, the findings and disposition of each investigation. " 105.1.1 Permits required. A permit, if required by the local jurisdiction, shall be obtained from the designated official prior to engaging in activities requiring a permit within the local jurisdiction. Fees: Whenever a permit, inspection, or plan review is required or allowed pursuant to the International Fire Code, or other applicable provision of the Meridian City Code, the City may, by Resolution duly adopted by the City Council, charge and collect a fee for such permit, inspection, or plan review. 105.1.1.1 Fire Department Plan Review. All commercial building plans and plans for new tenant improvements and change of occupancy classification of a building or any part thereof shall be submitted to the Fire Department Plans Review Technician for review for compliance with the International Fire Code as adopted and amended. 109.3 Violation penalties. Persons who shall violate a provision ofthis code or shall fail to comply with any of the requirements thereof or who shall erect, install, alter, repair or do work in violation of the approved construction documents or directive of the code official, or of a permit or certificate used under provisions ofthis code, shall be guilty of a misdemeanor, punishable by a fine of not more than $500.00 dollars or bv imprisonment not exceedinl! 30 days or both such fine and imprisonment. Each day that a violation continues after due notice has been served shall be deemed a separate offense. 119.1.1.2 0 el era diag. 0 8refS. EliRg aHa aElmittanee sf perSSf!SSB) eRa the aflfJFe , ed eapasit) sf a plass Elf assembl) is ]3[8hi1:lit8(01. The e.flief, l:lf1SR f.if!aiRg e erSFe.. ding eElflElitisRs, sr 8estruetisas if! aisles, 13assage. a) s ef ether lReans 8f egress, 8r HfJElR HFlaiag a eeRaitieR .. hieR e8Rstimtes a SenElHS menase te life, is atlth8rizea tEl slese the faeilit) aRa satlse the asseml:llj ,fJerfS11Raflse, pfesematisa, sfleetaele Elr efl.-tertaifllReat te be st8pflea E:B:til Stief! e8Raitieas aFe Ger:'festea sr 8bstrnstisR5 are refFlS . ed. 111.4 Failure to comply. Any person who shall continue any work after having been served with a stop work order, except such work as that person is directed to perform to FIRE CODE AMENDMENT - 2005 Page 3 of 10 remove a violation or unsafe condition, shall be guilty of a misdemeanor, and shall be liable to a fine of not less than $100.00 dollars and not more than $500.00 dollars. 901.6.1.1 Periodic Inspection and Testing. The chief is authorized to require periodic inspection and testing of fire sprinkler systems, fire hydrant systems, standpipe systems, fire alarm systems, portable fire extinguishers, smoke and heat ventilators, smoke removal systems and other fire protection or fire extinguishing systems or appliances. a. Automatic fire extinguishing systems shall be inspected and tested at least annually, see the current edition of National Fire Protection Association Standard 25. b. Fire alarm systems shall be inspected and tested at least annually, see the current edition of National Fire Protection Association Standard 72. c. Standpipe systems shan be inspected and tested at least every five (5) years, see the current edition of National Fire Protection Association Standard 25. 901.4 Installation. Fire protection systems shall be maintained in accordance with the original installation standards for that system. Required fire protection systems shall be extended, altered, or augmented as necessary to maintain and continue protection whenever the building is altered, remodeled or added to. Alterations to fire protection systems shall be done in accordance with applicable standards. Fire protection systems shall comply with the International Fire Code and the current appropriate edition of the National Fire Protection Association Standards. 901.6.2 Inspection and Test Results. All inspection and test reports shall be sent to the Chiefby the contractor (person) doing the maintenance or inspection. Reports of inspections and tests shall be maintained on the premises and made available to the Chief when requested. 903.2.7.1 CraufJ R, Di isian 1 OeeufJ8neies. }~R aBte1l'latie sprinkler s)stel'n shall ae iRstalIea thFel:lgha1:1t aj3artment hel:lses three Elr mere flaors in height af eafltainiRg (3 ef mere au elliRg I;lRits, in eaRgregate resiaenee three ar mere flears iR height eRa hR iRg an oeeapan6) laaa ef 29 er mere ia hetels, three ar mere fleers iR height ar eefltal.aiRg 13 or mere guest reems. Resiaeatial sr E}Hiel~ fespeRse staaaar-a s13riRl:lers shall Be 1:18ea iR El ,elIiRg 1:1nit8 aRa guest ream pertiaRs ef t.s.e BHilEliRg. Fer pHf}3eses efthis reE}1:1irefRoot, aRa aetenniaiRg the aamaer ef fleers, t1.e era "fleers'! iReluEle these fleers that are aela graEle plaae, at graae plaae aaa aBe e graas 1318:fle. 903.4. A. All Buildings that are required to be sprinklered. "An approved audible sprinkler flow alarm to alert the occupants of each tenant space shall be provided in the interior of the building at a normally attended location within each tenant space with a minimum of one per floor." 903.4.2 Alarms. Approved audible devices and visual alarms with a minimum candela rating of 110 shall be connected to every automatic sprinkler system. Such sprinkler FIRE CODE AMENDMENT - 2005 Page 4 of 10 water-flow alann devices shall be activated by water flow equivalent to the flow of a single sprinkler of the smallest orifice size installed in the system. Alarm devices shall be provided on the exterior of the building in an approved location. Where a fire alarm system is installed, actuation of the automatic sprinkler system shall actuate the building fire alann system. 903.4.3 Floor control valves. Approved supervised indicating: control valves shall be provided at the point of connection to the riser on each floor in ~ multi-story building:s. 903.4.4 Location of Fire SOl.inkler Controls. Sprinkler riser and apPUlienances shall be enclosed in a one hour rated room equipped with an exterior door. 907.1.1 Construction documents. Construction documents for fire alarm systems shall be submitted for review and approval prior to system installation. Construction documents shall include, but not be limited to, all of the following: 1. A floor plan. 2. Locations of alarm-initiating and notification appliances. 3. Alarm control and trouble signaling equipment. 4. Annunciation. 5. Power connection. 6. Battery calculations. 7. Conductor type and sizes. 8. Voltage drop calculations. 9. Manufacturers, model numbers and listing information for equipment, devices and materials. 10. Details of ceiling height and construction. 11. The interface of fire safety control functions. 12. Fire Alarm Drawings shall be stand alone and drawn to 118" scale. 13. Declaration of Occupancy Classification(s). FIRE CODE AMENDMENT - 2005 Page 5 of 10 907.1.2.1 Design Standards. Fire Alann systems shall be installed and maintained in accordance with the International Fire Code and the current edition of National Fire Protection Association Standards 72. 907.1.3.1. Notification Devices. When fire alarm systems not required by the International Fire Code are installed, the notification devices shall meet the minimum design and installation requirements for systems, which are required by this code. Intent: (Non-required fire alarm systems shall provide the same level of occupant notification that required systems provide). 907.1.3.2. Partial Or Limited Detection Systems Are Allowed. If notification devices are provided, they must meet 907.1.3(1.) above. SECTION 3: CHAPTER 33 EXPLOSIVES AND FIREWORKS. That sections 3301. 1.3,3301.2.2,3301.2.3,3301.2.4.2, and 3308.1 through 3308.3 are hereby deleted from the International Fire Code. SECTION 3404 STORAGE. 3404.2.13.1.3 Underground Tanks Out Of Service For One Year. Underground tanks that have been out of service for a period of 1 year shall be removed from the ground in accordance with Section 3404.2.14 or abandoned in place in accordance with Section 3404.2.13.1.4. Upon approval of the Chief underground tanks that comply with the performance standards for new or upgraded underground tanks set forth in Title 40 Section 280.20, or 280.21, of the Code of Federal Regulations may remain out of service indefinitely so long as they remain in compliance with the operation, maintenance and release detection requirements of the federal rule. SECTION 3704 HIGHLY TOXIC AND TOXIC COMPRESSED GASES. 3704.2.2.7 Treatment systems. The exhaust ventilation from gas cabinets, exhausted enclosures and gas rooms, and local exhaust systems required in Sections 3704.2.2.4 and 3704.2.2.5 shall be directed to a treatment system. The treatment system shall be utilized to handle the accidental release of gas and to process exhaust ventilation. The treatment system shall be designed in accordance with Sections 3704.2.2.7.1 through 3704.2.2.7.5 and Section 510 of the International Mechanical Code. Upon approval of the Chief, emergency response kits recommended by the Chlorine Institute may be used for chlorine gas product leaks in lieu of the treatment system requirements of this section, as long as there are adequate responders immediately available, who are trained in their use and acceptable to the Chief. CHAPTER 15. FIRE CODE AMENDMENT - 2005 Page 6 of 10 Chapter 45 "Referenced Standards" - Shall be construed as the most current edition of the National Fire Protection Association Standard available. SECTION 4: REFERENCES TO APPENDIX. When the Meridian City Code references an appendix to the International Fire Code 2003, the provisions of the appendix shall apply to all APPENDICES A - G, APPENDIX A - BOARD OF APPEALS, APPENDIX B - FIRE-FLOW REQUIREMENTS FOR BUILDINGS, APPENDIX C - FIRE HYDRANT LOCA TrONS AND DISTRIBUTION, APPENDIX D - FIRE APPARATUS ACCESS ROADS, APPENDIX E - HAZARD CATEGORIES, APPENDIX F - HAZARD RANKINGS, and APPENDIX G - CRYOGENIC FLUIDS _ WEIGHT AND VOLUME EQUIVALENTS, and all appendices are adopted, except as for the amendments to APPENDIX A and APPENDIX D as amended herein below: APPENDIX A SECTION AI01.3.2 BOARD OF APPEALS-VACANCIES. AI01.3.2 Vacancies. Vacancies shall be filled for an unexpired term in the manner in which original appointments are required to be made. Members appointed to fill a vacancy in an unexpired term shall be eligible for reappointment to two full terms. If the unexpired term cannot be filled by nomination by the code official or the chief administrative officer of the jurisdiction, then the members shall be able to pursue a member outside of the terms as outlined in Section AlOl.2, to appoint an unfilled member position. BIOS FIRE-FLOW REQUIREMENTS FOR BUILDINGS- Only non combustible construction as defined in the International Buildings Code Sections 703.4, 703.4.1, 703.4.2 will be allowed until the full fire flow as required by Appendix BIOS & Fire Hydrants Locations and Distribution are provided per Appendix C are made serviceable. :\.PPENDIX D: SECTION DI03 MINIMUM SPECIFICATIONS. DI03.1 Access road width with a hydrant. Delete options 70' DIAMETER CUL-DE- SAC and 601 HAMMERHEAD. SECTION Dl07 ONE- OR TWO-FAMILY RESIDENTIAL DEVELOPMENTS. Dl07.1 One- or two-family dwelling residential developments. Developments of one- or two-family dwellings where the number of dwelling units exceeds 50 shall be provided with separate and approved fire apparatus access roads, and shall meet the requirements of Section DI04.3. DI07.l EXCEPTIONS: 2. The number of dwelling units on a single fire apparatus access road shall not be increased unless fire apparatus access roads will connect with future development, FIRE CODE AMENDMENT - 2005 Page 7 of 10 which is slated to occur within the next 6 months, or as determined by the code official. (OnI. G3 1939, g 26 2003, eff. g 26 2(92) 19 4 2: SE'7ER .tIULITY: 10-4-5: SEVERABILITY: The provisions of this chapter shall be deemed severable and a finding by a court oflaw that a provision of this chapter is unlawful shall have no effect on the remaining provisions. (Ora. G3 IG3S\ 8 26 2903, eff. 8 282003) SECTION 5: All ordinances resolutions orders or part there of in conflict herewith are hereby repealed. rescinded and annulled. SECTION 6: VALIDITY: The Meridian City Council hereby declares that any section paragraph sentence or word of this ordinance as adopted and amended herein be declared for any reason to be invalid it is the intent of the Meridian City Council that it would have passed all other pOliions of this ordinance independent of the elimination here from of any Rortion as may be declared invalid. SECTION 7: DATE OF EFFECT: This ordinance shall be in full force and effect after its passage approval and publication on or about August 1 2005. Section 2. That pursuant to the affinnative vote of one-half (112) plus one (I) 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 after its passage, approval and publication on or about August 1,2005. PASSED by the City Council of the City of Meridian, Idaho, this 26~ day of c-T~ ,2005. APPROVED by the Mayor of the City of Meridian, Idaho, this z,et5- day of ,T~ ,2005. FIRE CODE AMENDMENT - 2005 Page 8 of 10 APPROVED: ATTEST: FIRE CODE AMENDMENT - 2005 Page 9 of 10 NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.e. ~ 50-901(A) CITY OF MERIDIAN ORDINANCE NO. 05- (I ~e PROVIDING FOR AN AMENDMENT MERIDIAN CITY FIRE PREVENTION CODE ORDINANCE An Ordinance of the City of Meridian amending Title 10, Chapter 1, of the Meridian City Code regarding the Fire Prevention Code and the adoption of the International Fire Code with some exceptions. A full text of this ordinance is available for review at City Hall, City of Meridian, 33 East Idaho, Meridian, Idaho. This ordinance shall be in full force and effect after its passage, approval and publication on or abov.t~fllIJg:w:;tl, 2005. ",\~;\of "'AERJ~~II,/, $"',&-" PDR.4 ..........~1--/'l~ ~. f r ~o % City of Meridian ,'" T' '. _,_ ~ Mayor and City Council _ b!iAL ~ By: William G. Berg, Jr., City Cler~ "?4-L ....#,.0 j ~ "'0 ......~r15" ~ $ First Reading: 6- 29 -(76'" /'/',~,;; CbUmi . ~\\\<~,,' Adopted after first reading by suspension O'i'the,RuhNis\allowed pursuant to Idaho Code 50-902: YES~ NO_ Second Reading: Third Reading: STATEMENT OF MERIDIAN CITY ATTORNEY AS TO ADEQUACY OF SUMMARY OF ORDINANCE NO. 05- 1/5i3 The undersigned, William L.M. Nary, City Attorney of the City of Meridian, Idaho, hereby certifies that he is the legal advisor of the City and has reviewed a copy of the attached Ordinance No. 05- ( / /?"& of the City of Meridian, Idaho, and has found the same to be true and complete and provides adequate notice to the public pursuant to Idaho Code S 50-901A (3). DATED this 2$~dayof ~~ ,2005 ~fN~:l~~ City Attorney FIRE CODE AMENDMENT - 2005 Page 10 of 10 June 24, 2005 MERIDIAN CITY COUNCIL MEETING APPLICANT June 28, 2005 ITEM NO. 14 REQUEST Ordinance - Adopting the 2003 International Mechanical and Fuel Gas Code AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SEITLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: See attached Ordinance Cjll~~ tt/U 01/' Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meetings shall become property of the City of Meridian. CITY OF MERIDIAN ORDINANCE NO. rtl S- -/ (5"9' BY THE CITY COUNCIL: BIRD, DONNELL, ROUNTREE, WARDLE AN ORDINANCE AMENDING TITLE 10, CHAPTER 5, OF THE MERIDIAN CITY CODE REGARDING THE MECHANICAL AND GAS CODE; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR A WAIVER OF THE READING RULES; AND PROVIDING FOR A SUMMARY; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: Section 1. That Title 10, Chapter 5, of the Meridian City Code is amended to read as follows: CHAPTER 5 MECHANICAL AND FUEL GAS CODES 10-5-1: CODES ADOPTED: That certain document, being marked and designated as the 2000J ilnternational mMechanical e~ode and fEue1 gGas e~ode as published by the International Code Council, be and is hereby adopted as the e~ode of the e~ity for regulating the design, construction, quality of materials, erection, installation, alteration, repair, location, relocation, replacement, addition to, use or maintenance of heating, ventilating, cooling, refrigeration systems, incinerators, or other miscellaneous heat producing appliances in the eQity which e.Gode provides for the issuance of permits and collection of fees therefor; and each and all of the regulations, provisions, conditions and terms of such ilntemational mMechanical eQode, 2009J edition, published by the International Code Council, on file in the e.Gity eQlerk's eQffice, are hereby referred to, adopted and made a part hereof as if fully set out in this chapter. COrd. 02 99~, 12 1'7 2002, err 1 1 2003) 10-5-2: AMENDMENTS TO INTERNATIONAL MECHANICAL CODE: Section 103.2 shall read as follows: 103.2 Appointment. The code official shall be appointed by the chief appointing authority of the jurisdiction. COrd. 02-994, 12-17-2002, eff. 1-1-2003) 10-5-3: PENALTY: Any person violating the provisions of this chapter shall be deemed guilty of a misdemeanor. (Ord. 02-994, 12-17-2002, eft. 1-1-2003) MECHANICAL AND GAS CODE AMENDMENT - 2005 Page] of3 Section 2. That pursuant to the affinnative 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 after its passage, approval and publication on or about August 1, 2005. PASSED by the City Council of the City of Meridian, Idaho, this 2t3~ day of J~ ,2005. APPROVED by the Mayor of the City of Meridian, Idaho, this 28r!- day of .;;-T~ ,2005. APPROVED: ,~~ ,:,"'~~ of ..', "III" 2T: . la~~o:'l+\~ ~ ,4~, ~. ST,:AL :: CITY CLERK . ~ .eJi1. ~ ~ .,.~. .....OJ& f ~ il'Q .......~, 15\ ' ;f "", """",,"1; CbUNT'l . f>.~../ 1IIIIIIft.." .,d11,l\' MECHANICAL AND GAS CODE AMENDMENT - 2005 Page 2 of3 NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.e. ~ 50-901(A) CITY OF MERIDIAN ORDINANCE NO. 05- II S-q PROVIDING FOR AN AMENDMENT MERIDIAN CITY MECHANICAL AND GAS CODE ORDINANCE An Ordinance of the City of Meridian amending Title 10, Chapter 5, of the Meridian City Code regarding the Mechanical and Gas Code and the adoption of the International Building Code with some exceptions. A full text of this ordinance is available for review at City Hall, City of Meridian, 33 East Idaho, Meridian, Idaho. This ordinanc\~$ha1}i1Je'eolJ,l./7, effective on or about August 1, 2005. ......,,"'~--l Of ~ia>-',,/ / a ~~,,; "l- \_ City of Meridian ~ _ Mayor and City Council ~~. #. I By: William G. Berg, Jr., City Clerk % ~. ~r S\'" .f? /' ~.' ?1., 1 '6>ft(' /' First Reading: b'-Z-$ .-&5" .....I...II/COUNT'<. ",/ Adopted after first reading by suspension of1{{~lltiife'a;;'~llowed pursuant to Idaho Code 50-902: YES >C NO_ Second Readin~ Third Reading: STATEMENT OF MERIDIAN CITY ATTORNEY AS TO ADEQUACY OF SUMMARY OF ORDINANCE NO. 05- I ( S q The undersigned, William L.M. Nary, City Attorney of the City of Meridian, Idaho, hereby certifies that he is the legal advisor of the City and has reviewed a copy of the attached Ordinance No. 05- / / !>9 of the City of Meridian, Idaho, and has found the same to be true and complete and provides adequate notice to the public pursuant to Idaho Code S 50-90lA (3). DATED this W1!day of J'}!'e, ,01)6) /J ~ LJXl/ 1,'7- William. L.M. Nary City Attorney MECHANICAL AND GAS CODE AMENDMENT - 2005 Page 3 of3 June 24,2005 MERIDIAN CITY COUNCIL MEETING APPLICANT June 28, 2005 ITEM NO. 15 REQUEST Ordinance - Adopting the 2005 National Electrical Code AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY fiRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: See attached Ordinance (' ((b1J ~'1/ ./ {)if Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meetings shalf become property of the City of MeridIan. CITY OF MERIDIAN ORDINANCE NO. tJ!i -1160 BY THE CITY COUNCIL: BIRD, DONNELL~ ROUNTREE, WARDLE AN ORDINANCE AMENDING TITLE 10, CHAPTER 1, OF THE MERIDIAN CITY CODE REGARDING THE ELECTRICAL CODE; PROVIDING A SA VINGS CLAUSE; AND PROVIDING FOR A SUMMARY; AND PROVIDING FOR A WAIVER OF THE READING RULES; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO: Section 1. That Title 10, of the Meridian City Code is amended to read as follows: CHAPTER 3 ELECTRICAL CODE 10-3-1: NATIONAL ELECTRICAL CODE ADOPTED; ADDITIONS: The RNational eE.lectrical eb;ode of200;;2, with exception of a-Article 80; this a-Article is informative unless specifically adopted by the local jurisdiction adopting the nNational eE.lectrical e.Gode. Said nNational eE,lectrical e.Gode of200;;2, on file in the eQity e.Glerk1s office, and the same is hereby adopted and incorporated in full as if set forth at length herein, including additions, which additions, if in conflict with the flNational eE.lectrical e.Gode, shall overrule said eQode. From the date in which this chapter takes effect, the provisions thereof shall be controlling within the limits of the e.Gity (a-Article 80 to the nJ'iational eE.lectrical eQode is not adopted). A. Buildings Moved From One Location To Another: When a building is moved from one location to another the Service Entrance shall be inspected and made to conform to the requirements of the current edition of the National Electrical Code. B. Unfinished Studded Partitions: On November 2, 1963, the State Electrical Board ruled that when unfinished studded partitions are in place in residential basements, indicating that the enclosed areas are intended for rooms, such enclosed areas shall be considered as rooms. The wiring, including receptacle outlets as required by Article 210-52 of the National Electrical Code shall be installed before the wiring of the building is approved. C. Supporting Partitions: When a residential basement is not divided into separate rooms and only an unfinished supporting partition is in place, at least two (2) outlets shall be installed in such supporting partition, facing the area on opposite sides of the partition. ELECTRICAL CODE AMENDMENT - 2005 Page 1 of7 D. Utility And Storage Spaces: The requirement that receptacle outlets be installed within six feet (6') from any wall space in dwelling type occupancies Article 210-52 National Electrical Code does not apply to hallways, bathrooms, utility rooms, laundry rooms, furnace rooms and storage spaces. The number of outlets in these areas is optional, but adequate branch circuit capacity must be provided for lighting and for all electrical equipment to be installed in such areas without the use of extension cords. E. Separation Of Buildings By Fire Walls: 1. In general, the National Electrical Code permits only one service to a building Article 230-2 and 230-21. 2. Article 100 of the National Electrical Code defines nBuildingll as IIA structure which stands alone or which is cut off from adjoining structures by fire walls with all openings therein protected by approved fire doors II. +,---l-%~ G. Aluminum Conduit For Mast Type Services Prohibited: When the service conduit is used as a mast to support the service drop, rigid steel conduit, or intermediate metal conduit (IMC), shall be used. Aluminum conduit will not be approved for this purpose unless approved braces are provided to relieve the conduit of horizontal strain. Guy wires will not be approved for this purpose. H. Approval Of Certain Voltage Installations: Due to the many misunderstandings and misinterpretations ofthe National Electrical Code requirements for conductors and service disconnects, etc., on installations of over six hundred (600) volts, it has become necessary to require that all installations of voltages over six hundred (600) volts that are customer-owned or operated must be submitted for prior plan approval to the Electrical Board representative in the area in which the installation is to be made. 1. Street Lighting Waiver, Photo-Electric Cell Required: In the event street lighting requirements are waived in the case of an R-4 single-family dwelling development or subdivision, the developer and lot owner shall be responsible for ensuring that there is a yard light installed in the front yard of each house in said development~ that the yard light shall be controlled by a photo-electric cell which causes the yard light to come on and shut off automatically and said yard light shall be electrically wired directly to the residence's electrical breaker panel and comply with the National Electrical Code. COrd. 03 1021, 5 20~ ELECTRICAL CODE A1v1ENDMENT - 2005 Page 2 of7 10-3-2: STATE LICENSE REQUIRED: It shall be unlawful for any person, firm or corporation to carry on the business of electrical wiring without first having secured a sState ei::ontractor's lLicense or have in his possession a 11.icense recognized by the sState eElectrical bH.ureau. fOrd. OJ 1021, 5 ~G31 10-3-3: INSTALLATIONS BY OWNER OF BUILDING: If an owner wishes to do wiring in his own building, he may do so without a sState eContractor's 11.icense, but he must first obtain a permit as required by section 10-3-4 of this chapter. The ei::ity eElectrical ilnspector may refuse to issue a permit to such person, if, in his estimation, such person is not competent to install the electrical work to be done under said permit applied for in accordance with the regulations of this chapter. ~ -l~~ 10-3-4: PERMIT REQUIRED; APPLICATION; ISSUANCE: It shall be unlawful for any person, firm or corporation to place or install in any building any wiring, apparatus or fixture for the use of electric current for light, heat or power, or to make any alterations or changes in, or additions to any wiring, apparatus or fixtures for such use, without first obtaining from the ei::ity eE.lectrical ilnspector a written permit to do such work. Such permit shall state the kind of work to be done and the amount, and shall cover only work so specified. The contractor, person, firm or corporation shall submit a plan of the wiring system to be followed, if deemed necessary by the eE.lectrical ilnspector. Said permit shall also state the location by street and number of the building where such work is to be done, and shall be valid only for the location stated. Provided, however, that this section shall not be construed as requiring a permit for ordinary repairs to the old installations where the cost value of such repairs, including material and labor, does not exceed fifty dollars ($50.00), but in all cases, the eE.lectrical ilnspector must be notified immediately upon the completion of such work for his inspection and approval. Fees for permits and inspections shall be fixed by the ei::ity ei::ounciL (Ord. 03 1021,5 2-G~ 10-3-5: INSPECTION REQUIREl\1ENTS: A. Notice For Inspection; Tag By Inspector: It shall be the duty of the 6hity eElectrical ilnspector, or the sState ilnspector, if the 6h.ity so chooses, to inspect or cause to be inspected any and all work for which permits have been issued within forty eight (48) hours (weekends and holidays excluded) after time of notice, in writing, by the said person doing the said work, that same is ready for inspection, which will not be considered ready for inspection and covering until all enclosed plumbing, steam heating, furnace work and gas fittings are also in place. Inspection shall, when necessary, be made two (2) or three (3) times during the progress of the installation; first when said work is roughed in, and last, when work is completed; and it shall be the duty of the eQity eElectrical ilnspector or person qualified and delegated by him ELECTRICAL CODE AMENDMENT - 2005 Page 3 of? as his qualified representative to indicate inspection of any work by a tag or label which state the date and whether rough in or final inspection has been made, and it shall be unlawful for any workman or other person to lath or otherwise conceal any electrical wiring until such rough in inspection tag has been placed. B. Issuance Of Certificate OfInspection: 1. Upon application for inspection of any wiring apparatus, or appliances as hereinafter provided, the €~ity eElectrical iInspector shall, after inspection and examination, issue a certificate showing the results of such examinations and require to be made the necessary corrections. C. Disconnect Defective Electrical Wiring, Fixtures: 1. If the said e~ity eElectrical !Inspector shall find any part of any electric wiring, apparatus or fixtures in or on any building in the e~ity to have been installed without a permit or not in accordance with the provisions of this chapter, or to be dangerous to life or property, the e~ity eElectrical ilnspector shall have the right and power and it is hereby made his duty to disconnect such defective wiring and place a seal upon it. He shall at the same time give written notice of such disconnection to the owner or occupant of the building. 2. After such disconnected wiring, apparatus, or fixtures have been put in the condition required by this chapter, the seal or seals so placed shall be removed by said eElectrical ilnspector. It shall be unlawful for any person to use any current, through, or by means of such disconnected wiring, apparatus or fixtures or to attach other wires for the supply of current to such disconnected wiring, apparatus or fixtures or to remove, break or deface any seal so placed. D. Right Of Entry: The eQity eElectrical iInspector shall have the right to enter any premises at all reasonable hours for the purpose of inspecting the same. E. Inspection Fees: Before any inspection is undertaken, the applicant shall pay to the e~ity bJ1uilding d:Qepartment an inspection fee as established by the e~ity eE.lectrical ilnspector and approved by the ehity 6houncil by resolution, which inspection fee, or schedule thereof, shall be available at the eQity e~lerk's and bIluilding a.:Qepartment's eQffice during regular business hours. ff)fa. 03 1021, 5 20-2,QG;B 10-3-6: INSTALLATION OF :METERS AND OUTSIDE WIRING: A. Accessibility; Prohibited Locations: Meters must be placed in a location free from vibration and accessible to the meter readers, testers and inspectors at all times. Under no circumstances will meters be installed in bathrooms, bedrooms, clothes closets, over doors, in stairways, attics or places likely to cause the visits to the meters to be an annoyance to the occupants. ELECTRICAL CODE AMENDMENT - 2005 Page 4 of7 B. Meters And Service Equipment: Meters must be installed on the outside of buildings at a height of not less than four and one-half feet (4 1/2') or not more than six feet (6') from the ground. In office buildings, apartment buildings, and commercial buildings of multiple occupancy, meters may be mounted inside, providing a readily accessible place is provided for meters and service equipment. Said meters and service equipment shall be kept free and clear of all obstructions. (Ord. 03-1024, 5-20-2003) 10-3-7: SPECIFICATIONS OF CmCUIT WIRING: All buildings hereinafter erected to be used for poolte commercial purposes S~l;tt flot limited to, churcHes, stores, halls, seheel--6uildings, eommcrcial garages, ~flag-esffielishmeffi.s;-fffite-eaw~a-s-se~t-atiens ffi1.+St shall be wired in e~rp~re4-wire metal raceway with the exception of communication and signalin~. A) Suspended ceilings luminaire are to be supported by independent support wires from structure to fixture, including wiring boxes for smaller luminaries such as exit signs. Luminaires over one foot square foot shall have two support wires, one on each diagonal corner. B) Bell ringing transformers shall be accessible and not located in attics. C) Residential smoke detectors shall be wired to a general wiring circuit, not a dedicated circuit. The City of Meridian further ador-ts Title 1 Chanter 10 "Rules Governina Certification and Approval of Electrical Products and Materials." of the State of Idaho including: hut not limited to the rig:ht of the Citv to require independent certification of circuit wiring for aporoval. All provisions herein are effective on final passage and approval and not retroactive. COrd. 03 1021,5 202003) 10-3-8: NONLIABILITY OF CITY: This chapter shall not be construed to relieve from, or lessen the responsibility of, any person owning, operating or installing any electrical wires, appliances, apparatus, construction or equipment for damages to anyone injured or damaged either in person or property by any defect therein; nor shall the e.G.ity or any agent thereof be held as assuming such liability by reason of inspection authorized herein or certificate of inspection issued by the e.G.ity e;Electrical ilnspector. (Gfd. 03 1021, 5 20 20001 10-3-9: VALIDITY: Should any section, paragraph, sentence, clause or phrase of this chapter or of the code hereby adopted be declared unconstitutional or invalid for any reason or cause, the remainder of said chapter or code shall not be affected thereby and the same shall not invalidate or void the remainder of this chapter or said code. (Ord. 03-1024,5-20-2003) ELECTRICAL CODE AMENDMENT - 2005 Page 5 of7 10-3-10: PENALTY: Any person violating the provisions of this chapter shall be deemed guilty of a misdemeanor. (Ord. 03-1024,5-20-2003) 10-3-11: SEVERABILITY: The provisions of this chapter shall be deemed severable and a finding by a court of law that a provision of this chapter is unlawful shall have no effect on the remaining provisions. (Ord. 03-1024, 5-20-2003) 10-3-12: REPEALER: All ordinances, resolutions, orders or parts thereof in contlict herewith are hereby repealed, rescinded and annulled. (Ord. 03-1024,5-20-2003) 10-3-13: SAVING CLAUSE: This chapter does not affect an action or proceeding commenced or right accrued before this chapter takes effect. (Ord. 03-1024, 5-20-2003) 10-3-14: DATE OF EFFECT: This chapter shall be in full force and effect on .A~U';ust 1,2003. COrd. 03 1021, 5 20 2-Grotafter its Dassae:e aDDroval and Dublication on or about Amrust I 2005. Section 2. 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 after its passage, approval and publication on or about August 1, 2005. -1'!J. ~ PASSED by the City Council of the City of Meridian, Idaho, this ~ day of d~ ,2005. -r6 dt APPROVED by the Mayor of the City of Meridian, Idaho, this 2 ~ -day of f,vk.IL ,2005. APPROVED: Page 6of7 NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.e. ~ 50-901(A) CITY OF MERIDIAN ORDINANCE NO. 05- 1160 PROVIDING FOR AN AMENDMENT MERIDIAN CITY ELECTRICAL CODE ORDINANCE An Ordinance of the City of Meridian amending Title 6, Chapter 2, of the Meridian City Code regarding the Building Code and the adoption of the International Building Code with some exceptions. A full text ofthis ordinance is available for review at Meridian City Hall, City of Meridian, 33 East Idaho Avenue, Meridian, Idaho. This ordinance shall be in full force and effect after its passage, approval and PH~li(\alfrtlfl'l0~ or about August 1,2005. "',\~~ Of MfRJ~""',~ ~ $" (} - I?l'OR4 ~;~ :P: f ~OJ ~6 \. Mayor and City Council _ SEAL IS ~ By: William G. Berg, If., City Clerk~ 7'h. ,Qj 0 g ~ i1() ~CJsr 151 ' -t" ,,2 First Reading: 6.... 2-e-tlt;? "",,.,,/'11 OOUNT'! i) """" Adopted after first reading by suspension/~f'the,R.llle\dS'~llowed pursuant to Idaho Code 50-902: YES ~ NO Second Reading: Third Reading: STATEMENT OF MERIDIAN CITY ATTORNEY AS TO ADEQUACY OF SUl\1MARY OF ORDINANCE NO. 05- II h 0 The undersigned, William LM. Nary, City Attorney of the City of Meridian, Idaho, hereby certifies that he is the legal advisor of the City and has reviewed a copy of the attached Ordinance No. 05- / /"bIJ of the City of Meridian, Idaho, and has found the same to be true and complete and provides adequate notice to the public pursuant to Idaho Code ~ 50-901A (3). DATED this 2&(!;. day of J tvJ...e- .2005 LA.1U-1.ii1 6 William. LM. ary City Attorney ELECTRICAL CODE A1vfENDMENT - 2005 Page 7 of7 June 24, 2005 MERIDIAN CITY COUNCIL MEETING AZ 05-011 June 28,2005 APPLICANT Highland Development, LLC ITEM NO. 28 REQUEST Ordinance -- Request for Annexation and Zoning of 6.26 acres from RUT to R-8 zones for Lyndhurst Grove Subdivision - 2820 West Pine Avenue AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUilDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: 9~~ d,~M) Date: ({)/~tID~ Phone: Emailed:5h.tt-u) fI G2- t a..n /Lt. ()~,-';;""A+C\.....+6 , (~Sfaff Initials: J.~ Materials presented at public meetings shall become property of the City of Merldlan. COMMENTS See attached Ordinance II b I &~/ NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO LC. ~ 50-901(A) CITY OF MERIDIAN ORDINANCE NO. 05- 1(61 PROVIDING FOR ANNEXATION AND ZONING ORDINANCE An Ordinance of the City of Meridian granting annexation and zoning for land known as Lyndhurst Grove Subdivision commonly located at 2820 West Pine Street, east ofTen Mile Road in Meridian, Idaho, Section 11, Township 3 North, Range 1 West of the Boise Meridian, Ada County, Idaho, more particularly described in Attachment "A". This parcel contains 6.26 acres more or less. Also, this parcel is SUBJECT TO all easements and rights-of-way of record or implied. As surveyed by Land Solutions as attached as exhibit "B" and is not based on an actual field survey. A full text of this ordinance is available for inspection at City Hall, City ofMeridia~ 33 East Idaho Avenue, Meridian, Idaho. This ordinance shall become effective on the 2f3f'~ day of J~ ,2005. . ed pursuant to Idaho Code 50~902: ~ ~ Mayor and City Council the ity 9f By: William G. Berg, Jr., City Clerk\ !- First Reading: 6-2$-&77 1- Adopted after first reading by suspensio YES X NO Second Reading: - Third Reading: STATEMENT OF MERIDIAN CITY ATTORNEY AS TO ADEQUACY OF SUM:MARY OF ORDINANCE NO. 05- 1/ 6/ The undersigned, William L.M. Nary, City Attorney of the City of Meridian, Idaho, hereby certifies that he is the legal advisor of the City and has reviewed a copy of the attached Ordinance No. 05-~ of the City of Meridian, Idaho, and has found the same to be true and complete and provides adeqUate~o the PUb... li.C pursuant to Idaho Code ~ 50-90lA (3). DATED this Qday of ~ July, 2005. Jfjji-1 William L.M. Nary, City Atto~ ORDINANCE SUMMARY - AZ-05-011 LYNDHURST GROVE SUBDIVISION - Page 1 of 1 :~~~~~:J6 ~7~~~~~E~l2f~~C 'IAVARRO AMOUNT ,00 ~~~~~E~~~~Q~~~fi61~g III 11I111II111!151]91121115131111111 II 1111 Meridian City Q Q Q CITY OF MERIDIAN ORDINANCE NO. tJ 5" -1(6 ( BY THE CITY COUNCrr.: BIRD, DONNELL, ROUNTREE, WARDLE AN ORDINANCE (AZ-05-011 LYNDHURST GROVE SUBDMSION) FOR PROPERTY LOCATED AT 2820 W. PINE STREET, EAST OF TEN MILE ROAD IN MEREIDAN, IDAHO, SECTION 11, TOWNSHIP 3 NORm, RANGE 1 WEST OF THE 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 (ADA COUNTY) TO R-8 (MEDIUM DENSITY RESIDENTIAL) IN THE MERIDIAN CITY CODE; PROVIDING THAT COPIES OF THIS ORDINANCE SHALL BE FILED WITH THE ADA COUNTY ASSESSOR, THE ADA COUNTY RECORDER, AND THE IDAHO STATE TAX COMMISSION, AS REQUIRED BY LAW; AND PROVIDING FOR A SUMMARY OF THE ORDINANCE; AND PROVIDING FOR A WAIVER OF THE READING RULES; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCrr. 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" is within the corporate limits of the City of Meridian, Idaho, and that the City of Meridian has received a written request for annexation and re-zoning by the owner of said property, to-wit: Ben B. Jepson, Jr. SECTION 2. That the above-described real property is hereby annexed and re- zoned from RUT (Ada County) to R-8 (Medium Density) in the Meridian City Code. SECTION 3. That the City has authority pmsuant 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 ofthe State ofIdaho, and the Ordinances of the City of Meridian to annex and re-zone said property. ANNEXATION OF AZ-05-011 LYNDHURST GROVE SUBDIVISION Page 1 of3 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 contlict herewith are hereby repealed, rescinded and annulled. SECTION 7. This ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. SECTION 8. The Clerk of the City of Meridian shall, within ten (10) days following the effective date oftrus ordinance, duly file a certified copy oftrus 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 ofIdaho. SECTION 9. That pursuant to the affirmative vote of one-half (l/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. PASSED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this 2- E3""~ day of J ~ , 2005. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this 2-Bf6.. day of -cT ~ , 2005. ~~~~ MAYOR T de WEER>> ANNEXATION OF AZ-05-011 LYNDHURST GROVE SUBDIVISION Page 2 of3 STATE OF IDAHO, ) ) ss. County of Ada ) On this # day of ( ) u. L-I L . 2005, before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY de WEERD and WILLIAM G. BERG, JR, 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) ~~~~~'~;.~~.;,..,~,# ~.. ~"\. ........ ~,/")'> '" l.....~ .... .... -? \ f l ~OTA~.Y \ \ ~ * \ -.- J * s ~ $*, .PUB\..'\C.. ~ '\ u:;."...... .... 0 .l .....:: ~i..Z~.i; ~~........ ."."'.....llI......oii~....1i-'io" ANNEXATION OF AZ-05-011 LYNDHURST GROVE SUBDIVISION Page 3 of3 EXHIBIT A Lyndhurst Grove Subdivision AZ--OS-Oll Legal Description r~"-"-'-"" -- Jepson Property Boundary Description A paroellacated irl the SW Y4 of lJ1e NW % of Section 11, Township 3 ~Orth, Range 1 West, Boise Merldlan, Ada County, Idaho, more particularly deacrlbed as follows; BEGINNING at a 518 Inch diameter Iron pin marking the souUteast'comef of'said SW Yo of the rwv X (CW 'lts Comsr) from whi~ a brass cap monument marking the soUthwest oomer of the NW % of said Section 11 (Yo Corner) bears N 89"11 '26" W a distance of 1322.57 feel; Thence N 89"11 '26" W along the southeriy boundary of said SW y., of tlie NW Yo 8 d~nOB of 467,~ fetl!t to. a 5J8 inch diame~r iron pin; Thence leaving said southerly boutldary N O.47'!W E a dlBlance Qf 709.62 feet to. a 518 inch diameter iron pin; Thence S 61.01'56" E a distance of 528.05 feet Ie a 518 InCh diarnewr iron pin on lhe easlEll1y boundary of ~k1 sw. Y. of the NW ~; TlwflOS S 0.30'06" W along said easterly boundary a disla~ of 460.43 feet to. !he POINT Of BEGINNING. ThiB parcel contains 6.26 acres and is 6ubject to any easements t>>li81ing or in use. _..4. ,.!~ct>>'l---' ~.~ YI~~. Cllr1ton W. Hansen, PLS land Solutions. PC Janumy 28, 2005 . . <.' ~~~c I d 2: ~ ~ u. o C n:: o u l.LJ C:: =2' >- Z$ I- 00 ffi 5 ffi tl.. ~FE ~ ~!M ~ ~~~ ~ ~~~ ~ ~:~:g ~ ~~B~ t ~~~ ~ ~~~ I.lJ J:: <:: > 1-1"1 C::: Z ll... ::J a:E ~ ~~ gf2 GO nB 38'v'd ~il,l ~ hi ~ ;; ~ ~ H~ ~,f>l ~.~ ~ ~ l~ ~ ~ ~ n ~ ~ &H ~ g ~ ~ so ~~ !) 1 ~~ ~ ~ i ~ ~ I U i ~ I, ~ :t ~~~ g fi ~~ I ~ I ~ ~: ~j! ~ ~ ~~ "''' -; Ii. t: ~ I ....$01 J 18 [- "J.d30 Sr.,"\,,< , ::>IlSnd NIfICJP:'''' 500l w/!J MV~ / / ~ ~~ ~"v~d~~~8 ~ ~ ..I,{ { "r~~~-t-2~='~N --k---- ~:=~------~ (M~u J . . 1 c..'oiW' f I ,f 8"""" ~ + l~~ l~~ · ~i!L3;~- ^ ----k-"~ ~ i ~~f J I' i, I 4' I I /:: I I I ' i; I I ,j /w nfn I I I J j ~h~=_ t l ,~, +1 i4H--~~;;J. --!L--t--------;:~=L -----4sf a.cw.j"~ N u~., ~ ~~Ir~~ ~H~ I"" ~l ~ il ~~ ff ~~ "~------___l_____,i!!l__ _ ~cI' .n~N ) SlNV'llllSND::i aN'v'l ~ I~ ~~:J Q \t1g' ~~ qB ~~ ~ ~ g' <",ill -- ~2~&j ~ ~ !~il \ ~J~ E~r Tn -1 '- ~ f ~ ~ ~ , 1 ~ ~ '~ J:: d u.~ 0'<( Cl<: ~~ !:Ifrl~ -q;:!tl.lt 0l1.:<:: COQ<: O~""' 1-0...>- 1-0<: ~g~ g8 @~ o::g >- !S! gs GI) ;;; ~ ~ ~ r. : ~ ~; ~ ~r~ ~ 8iU I !~~; ~I~ m:t::;:t:;;i.! ELS9SE680C:: P0 :Bt 900G1P0/E0 June 24, 2005 MERIDIAN CITY COUNCIL MEETING AZ 05-010 June 28,2005 APPLICANT Quasar Development, LLC ITEM NO. 29 REQUEST Ordinance -- Request for Annexation and Zoning of 4.63 acres from RUT to L-O zones for Wyndstone Place Subdivision -- 1151 South Wells Street AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: $~~ jJ\U!Jk;~ _ Date: & (d '7 (OS:- Phone: Emailed: Bh<:t(.v,,,, ~ _ (cv,c.C.JY)!1s<"<-- (+o.,dTs. p'}t...-fstaff Initials: /.../<. Materials presented at public meetings shall become property of the City of Meridian. See attached Ordinance J (bV OG/ :~~~~g:Jri ~17~~/~~E~O~OOD:~D NAVARRO AMOUNT .00 ~:~~~E~~n~~eQ~~;~~I~g filII 11111 III If 1111 111111/1111 II If III Mendlan Cj~~-G-re.t.J;~ 106002638 This sheet has been added to the document to accommodate recording information. Recorded for a third time due to the inaccuracy of the previous legal descriptions. Including two recording cover sheets and the approved final legal description, this document consists of eight pages. Wyndstone Subdivision AZ 05-010 Ordinance No. 05-1162 Approved by the Meridian City Council on June 28, 2005. ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 BOISE IDAHO 11/21/05 12:06 PM DEPUTY Gail Garrell' . REC.o~DED,-REaUEST OF 10517 6 Merrdlan CIty If e. _~ ~ This sheet has been added to the document to accommodate recording information. Recorded a second time due to the omission of the second page of the approved legal description with the first recording. Including this page and full legal description, this document consists of seven pages. Wyndstone Place Subdivision (AZ 05-010) Approved by the Meridian City Council on June 28,2005 ADA COUNTY RECORDER J. ('1 NAVARRO BOISE IDAHO 07/08/05 02:291.<1 DEPUTY Bonnie Oberbillig RECORDED-REQUEST OF Meridian Cily AMOUNT .00 5 105092_ CITY OF MERIDIAN ORDINANCE NO. (}5 --1162- BY THE CITY COUNCIL: BIRD, DONNELL, ROUNTREE, WARDLE AN ORDINANCE (AZ-05-010 WYND STONE) FOR ANNEXATION OF PROPERTY LOCATED IN THE SE v.. OF SECTION 17, TOWNSHIP 3 NORTH, RANGE 1 EAST, 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 (ADA COUNTY) TO 1..-0 (LIMITED OFFICE) IN THE MERIDIAN CITY CODE; PROVIDING THAT COPIES OF TillS ORDINANCE SHALL BE FILED WITH THE ADA COUNTY ASSESSOR, THE ADA COUNTY RECORDER, AND THE IDAHO STATE TAX COMMISSION, AS REQUIRED BY LAW; AND PROVIDING FOR A SUMMARY OF THE ORDINANCE; AND PROVIDING FOR A WAIVER OF THE READING RULES; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1. That the following described land as evidenced by attached Legal Description herein incorporated by reference as Exhibit" A!' is within the corporate limits of the City of Meridian, Idaho, and that the City of Meridian has received a written request for annexation and re-zoning by the owner of said property, to-wit: Quasar Development, LLC SECTION 2. That the above-described real property is hereby annexed and re- zoned from RUT (Ada County) to L-O (Light Office) 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 ofIdaho, and the Ordinances of the City of Meridian to annex and re-zone said property. ANNEXATION OF AZ-05-010 WYNDSTONE PLACE SUBDIVISION Page 1 of3 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 thereofin conflict herewith are hereby repealed, rescinded and annulled. SECTION 7. This ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. SECTION 8. The Clerk of the City of Meridian shall, within ten (10) days following the effective date of this ordinance, duly file a certified copy of this ordinance and a map prepared in a draftsman manner, including the lands herein rezoned, with the following officials of the County of Ada, State ofIdaho, 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 ofIdaho. 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. PASSED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this 2B-If:-dayof \T ~ ,2005. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this 2&13 day of tT ~ ,2005. MA~ ANNEXATION OF AZ-05~010 WYNDSTONE PLACE SUBDIVISION Page 2 of3 STATE OF IDAHO, ) ) ss. County of Ada ) On this ~~-1~ay of J llll\.e. ,2005, before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY de WEERD and WILLIAM G. BERG, JR, 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) ;11111.1..... ~,C~ L, SAt;..,. $' ~~............o.r.,y##....-:. ::....~.. 'tAl('" '::. ! ~o ~. ': ~ ........... : :UB\..\C I i .00. .:{? ~:: "_,' .~' u~\\").~.,.. . '..ti'lIllll~ ANNEXATION OF AZ-05.010 WYND STONE PLACE SUBDIVISION Page 3 of3 Annexation Legal Description Wyndstone Place A parcel located in the SE % of Section 17, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, and being part of Lot 19 of Amended Magic View Subdivision as shown in Book 52 of Plats at Page 4445 in the office of the Recorder, Ada County, Idaho, more particularly described as follows: BEGINNING at a 5/8 inch diameter iron pin marking the northwest corner of said Lot 19, from which a Brass Cap monument marking the northwest corner of said SE % (Center %) bears N 0"03'13" W a distance of 795.53 feet; Thence along the northerly boundary of said Lot 19 the following described courses; Thence S 89041'26" E a distance of 203.16 feet to a 5/8 inch diameter iron pin; Thence N 0018'34" E a distance of 25.00 feet to a 5/8 inch diameter iron pin; Thence S 89041 '26" E a distance of 428.35 feet to a 5/8 inch diameter iron pin marking the northeast corner of said Lot 19; Thence continuing S 89041'26" E a distance of 25.39 feet to a point; Thence S 9048'02" E along a line 25.00 feet east of and parallel to the easterly boundary of said Lot 19 a distance of 179.13 feet to a point on the northerly right-of-way of Interstate 84 Ramp DA as shown on the plans of Interstate 84 Project No. IR-84- 1 (12)45 on file in the office of the Idaho Transportation Department, District 3, Division of Highways; Thence along said northerly right-of-way the following described courses; Thence a distance of 25.67 feet along the arc of a 3729.72 foot radius non- tangent curve right, said curve having a central angle of 0<23'40" and a long chord bearing S 67 "04'36" W a distance of 25.67 feet to a 5/8 inch diameter iron pin on the easterly boundary of said Lot 19; Thence leaving said easterly boundary S 68046'39" W a distance of 600.71 feet to a brass cap monument; Thence S 71 047'10" W a distance of 13.03 feet to a brass cap monument; Thence S 75 <25'45" W a distance of 94.17 feet to a 1/2 inch diameter iron pin marking the southwest corner of said Lot 19; ~~~~!!e!!~ Dr di"n tln CA/ Db -- /I tr 2- Wyndstone Place Job No. 04-24 Page 1 of 2 Thence leaving said northerly right-ot-way N 0003'13" W along the westerly boundary ot said Lot 19 a distance ot 410.28 teet to the POINT OF BEGINNING. This parcel contains 4.74 acres and is subject to any easements existing or in use. Clinton W. Hansen, PLS Land Solutions, PC Revised: December 20,2005 R~R~A\1/-- '\ BY.. ~ v 2006 MW~~~~ ~~~t\C ~~.1~!!2~1~ Wyndstone Place Job No. 04-24 Page 2 of 2 - I ?;zE is IH~lu [2 e Jjj~ ~ ~ ~ elt0{911 \ : I ~ \ I I ~~\ \\\ ~ \ <: ~ ~ ~ ~ @ e:J ~ ~ ~ ffi ~~ ~ :s;: ~~ II t:t ~ <:38 r,s:B ~-J ~~ ~ &J ~~ ~ ~ ~ ~ "J.: d- ~II~ ~~~i tl~5~ I e:--,p-- _ ,~~',6L I $N::ro'i'5g'~::; -----L-- t:l- :--""' r-.t:l _ _ _ .,,"" ~ 0; ~\ M ,,['1,>0.0 11 _ 'g.Y' -- -:1 lAg' C~ 08 .. 'tJ .. ~ ~ a f ~!Ii o ::J J:2~~ ~ 5~~~ ~ ~:Ei ~ ~ NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.C. ~ 50-901(A) CITY OF MERIDIAN ORDINANCE NO. 05- / / b t- PROVIDING FOR ANNEXATION AND ZONING ORDINANCE An Ordinance of the City of Meridian granting annexation and zoning for land located in the SE lh of Section 17, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, more particularly described in Attachment "A". This parcel contains 4.63 acres more or less. Also, this parcel is SUBJECT TO all easements and rights-of-way of record or implied. As surveyed in attached exhibit "B" and is not based on an actual field survey. A full text of this ordinance is available for inspection at City Hall; City ofMeridiap., 33 East Idaho Avenue, Meridian, Idaho. This ordinance shall become effective on the 2Bt6- day of ~ T!A/r..L. . 2005. . First Reading: 6 - z.p -tJ ~ Adopted after first reading by suspension YES~ NO_ Second Reading: Third Reading: pursuant to Idaho Code 50-902: STATEMENT OF :MERIDIAN CITY ATTORNEY AS TO ADEQUACY OF SUM.MARY OF ORDINANCE NO. 05- 1/ /; Z- The undersigned, William LM. Nary, City Attorney of the City of Meridian, Idaho, hereby certifies that he is the legal advisor of the City and has reviewed a copy of the attached Ordinance No. 05--/..L.6..2.-.. of the City of Meridian, Idaho, and has found the same to be true and complete and provides adequate notice to the public pursuant to Idaho Code S 50-901A (3). DATED this -L..i day of tf!;-Jt ' 2005) /. t. ,J~ William LM. Nary, City Attorn~ ORDINANCE SUMMARY - AZ-OS..()10 WYNDSTONE PLACE SUBDIVISION - Page 1 of 1 ~ Wyndstone Place Subdivision AZ-05-010 Legal Description I i i .. 04121/05 0&:3' FAI 11880130' "~S!:.I.. A!JnR'#lrlon I;.~al Desafptfan \lo'yndstOne Aace A pa~llo~ In tI1I= SE ~ cf section 17, TownaIIJp 3 North, Ralrige 1 East. Boise Mendisn, Ada County, kta.ho, 8RCl being ~ rA lot 19 of Amended M~ \/tew SubdMWn n aIlown In ~ 52 of pfstB at Pagll 4446 In the ~ of the Recorder, Ad. County, fdaho, more pMtIaJlIrly d8ecrI:led 8& l'oIIowa; aeGINNING at . 8Ie inch dJameter iron pIfI m8!idno Ute l'IOI'tIwre'8t ~r of.-&d Lot 19, trom Whloh a 81U8 CaP m~ maddng.t:he northvteat ~r of Hid SE % (Canter %) beam N O.Q3'13"W a cti6fB:nca of 795.153 feet; Thence alcng the northerly boundiary of 88ld Lot. 19 tile foUllwlng described COUl'lOS; Thenc:s S 89.41128" E adtatanoe 01203.18 feet to 8; 5JB Inch diameter Itan pin; Thence N 0.18'34" E 8 distance of 25.00 feet to a 5181'\Ch dlarn8t8r iron pin; ,Thance S ..41'26"' e . distance at 428.35 (eat 10 a 618 inCh dlamSter Iron pin mllrldnu the northeaet COI118r at aald Lvl19; Thence conIInUi/'lg E!- 89.41 '2tr E 51 dllltance of 25.38 feet to 1I Point; Thence S a-48'Q2" E along a line 2J.QG feet east of 8nd paralfel to ~ ~ lxliJndalY of uld lot 11l II, _nee of 179.93 feet to ~ point "'" fh. norttlerly t1Ght:d'-Way of In(arstete 84 Ramp DA sa IlhOwn 00 the phln. 9f,..... 84 Profect No. IR-84- 1(12}45 On fielD the CIfIlcB c:lftha Idaho Tl"InaportaIbn Ileparlmsnl, Dlstrlct 3. DJ~1on of Highwaya; lhence 8long aald lIOrIItelfY rtgtrtrof-way the- folIowtng desaibBd COU~ll; ''Therlce II ellltanco of ~.61 fsSl: along the arc of a a719,~ ~ nidl!Js non- 18ngen1 CUNEI' rfuht, uald CUI\l9 havil,g El oentnll ang(& r:/I 0"'23'40" and !! I,ong chOrr$ ~ S 6rQ4'38" W . d16Ianoa d a.B1 real'to a ~/8 Inch dlamataf /ron pin on the easfmty bOLl'ld8ly of said tot 19; Thence J,avlng said ..Ilerty boundary S ee-.4QW'W 8 dlatanca Qf 600.71 ~ to a bra. cap mOnurrl8nt; 'l"hence S 11 "47'1 0" W 8 distance of 13.03 feet to. '.InsG cap monument Thepee S 75"2$'45' W a diatanc:e of SoM71eet to 8112 inch dtamet9r Iroil,pln marking thllllCU1hWeIt comer of said lot 19; 1lJ()()Jt. ~:3Ua5 QS:J8 fAX .s8S01_~_ R~ ~O{\J Thence leaving said northerly right-of-way N 0"03'13" W along t~le westel1y boundary of said Lot 19 a dislance of 410 28: feet to the POINT OF BEGINN[NG This parcel contains 4.74 acres and is $ubjectto aoy easements existing Of In use. Crinton W. Hansen, PLS land Solutions, PC April 20, 2005 . . ..~ .. " f .. E I 1:1 . ~. fill .0''8 ~ DD' s' :;:;1 i!r.I~I~ II' ,if511 .:, I II I . I QI ~ ~.. _~_ .\' Ie. I .~1.i r~ i ,\ "", I ~. 2 Il1i ' ,\ ~ : Iii. ,,~, I" : '\ l J ~~J \ \ il! p" I ' \ a-~'lU ) I ' ! .\ , z ~"'" I I ~ l, :l ~~ .! ! ta ~dl \ - ,/J}j I'. . ~~ ,{--~ '\ i. \ \ ,!I" ' ' ~ I .~ =-1-':'p...-L ~f ~:. . .- ----._.--~~~ ~ ~ "- "- .'I ~ ~ , J ~ ~ ~ June 24, 2005 MERIDIAN CITY COUNCIL MEETING APPLICANT Jackson's Food Stores RZ 05-004 June 28, 2005 ITEM NO. 30 REQUEST Ordinance - Request for a Rezone of 2 acres from I-L to C-G zones for Jackson's Food Store - southeast corner of North Eagle Road and East Pine Avenue AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contocted: l7tti'''>.J3t,.I'~~ Dote: (;, !;)( (DS' Phone: Emalled:~jllt\(\(C.\.:i~..)(I.VCt~Stafflnitials:1..Je Materials presented at public meetings shall become property of the City of Meridran. See attached Ordinance I' 011 00/ NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.C. ~ 50-901(A) CITY OF MERIDIAN ORDINANCE NO. 05~ 1/63 PROVIDING FOR RE-ZONING ORDINANCE An Ordinance of the City of Meridian granting re-zoning for land known as Jackson's Food Store, located on the southeast comer of Eagle Road and Pine Avenue, South ~ of Section 9, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, more particularly described in Attachment "A". This parcel contains 2.00 acres more or less. Also, this parcel is SUBJECT TO all easements and rights-of-way of record or implied. As surveyed as attached as exhibit "B" and is not based on an actual field survey. A full text of this ordinance is available for inspection at City Hall, City of Meridian, 33 East Idaho Avenue, Meridian, Idaho. This ordinance shall become effective on the 2 P ~ day of J~ 2005. First Reading: 6 - Z~ -19 f? Adopted after first reading by suspension of the Rule as allowed pursuant to Idaho Code 50-902: YES~ NO_ Second Reading: Third Reading: STATEMENT OF MERIDIAN CITY ATTORNEY AS TO ADEQUACY OF SUMMARY OF ORDINANCE NO. 05- II ~ 3 The undersigned, William L.M. Nary, City Attorney of the City of Meridian, Idaho, hereby certifies that he is the legal advisor of the City and has reviewed a copy of the attached Ordinance No. 05- 1163 of the City of Meridian, Idaho, and has found the same to be true and complete and provides adequate notice to the public pursuant to Idaho Code ~ 50-901A (3). DATED this t.? day of d"y , 2005 vd!i'I'~ William L.M. Nary, City Attorn~ ORDINANCE SUMMARY - REZONE OF RZ-05-004 JACKSON'S FOOD STORE - Page 1 of 1 ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 ~~~JT~Aro~~r~~~~~bi~I~~29 r. 1111111111I1111111111111I111111111111 ~~~i~~a~Eg~REQUEST OF 105092055 CITY OF MERIDIAN ORDINANCE NO. tJ~- /163 BY THE CITY COUNCIL: BIRD, DONNELL, ROUNTREE, WARDLE AN ORDINANCE FINDING THAT JACKSON'S FOOD STORE, THE OWNER OF CERTAIN REAL PROPERTY HAS MADE A WRITTEN REQUEST FOR REZONE OF THE ZONING CLASSIFICATION (RZ-05-004 - JACKSON'S FOOD STORE) FOR REAL PROPERTY LOCATED ON THE SOUTHEAST CORNER OF EAGLE ROAD AND PINE AVENUE, SOUTH ~ OF SECTION 9, TOWNSHIP 3 NORTH, RANGE 1 EAST, MERIDIAN, ADA COUNTY, IDAHO, AS DESCRIBED IN ATTACHMENT "A" OF THIS ORDINANCE AND RE-ZONING CERTAIN LANDS AND TERRITORY, SITUATED IN ADA COUNTY, IDAHO, AND WITHIN THE CORPORATE LIMITS OF THE CITY OF MERIDIAN; AND RE-ZONING THE LAND USE ZONING CLASSIFICATION OF SAID LANDS FROM I-L (INDUSTRIAL) TO C-G (GENERAL RETAIL & COMMERCIAL) IN THE MERIDIAN CITY CODE; PROVIDING THAT COPIES OF TillS ORDINANCE SHALL BE FILED WITH THE ADA COUNTY ASSESSOR, THE ADA COUNTY RECORDER, AND THE IDAHO STATE TAX COMMISSION, AS REQUIRED BY LAW; AND PROVIDING FOR A SUMMARY OF THE ORDINANCE; AND PROVIDING FOR A WAIVER OF THE READING RULES; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1. That the following described land as evidenced by attached Legal Description herein incorporated by reference as Exhibit" A" is within the corporate limits ofthe City of Meridian, Idaho, and that the City of Meridian has received a written request for re- zoning by the owner of sad property, to-wit: Jackson's Food Stores. SECTION 2. That the above-described real property is hereby re-zoned from I-L to C-G (General Retail & Commercial) 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 re-zone said property. SECTION 4. That the City has complied with all the noticing requirements pursuant to the laws of the State ofIdaho, and the Ordinances ofthe City of Meridian re- zone said property. RE-ZONE OF RZ-05~004 JACKSON'S FOOD STORE Page 1 of3 SECTION 5. That the City Engineer is hereby directed to alter all use and area maps as well as the official zoning maps, and all official maps depicting the boundaries and the zoning districts of the City of Meridian in accordance with this ordinance. SECTION 6. All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. SECTION 7. This ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. SECTION 8. The Clerk of the City of Meridian shall, within ten (10) days following the effective date of this ordinance, duly file a certified copy of this ordinance and a map prepared in a draftsman manner, including the lands herein rezoned, with the following officials of the County of Ada, State ofIdaho, 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 ofIdaho. SECTION 9. That pursuant to the affirmative vote of one-half (l/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. PASSED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this 2f3-1'.6-day ~f J ~ ,2005. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this 2& (!: day of d ~ Page 2 of3 STATE OF IDAHO, ) ) ss. County of Ada ) .--.crJ"/'\ On this ~ day of ~ \tA. l'\. L , 2005, before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY de WEERD and WILLIAM G. BERG, JR., 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) ".........,' ;'~ ~ ..~~~;"11111111"11 ..~ ~'\c ..__....e"" I)>~ ...... ! ~ .... 900. \ i ~! +o'tAlq> \ *;. ~ * \ .....- "2 s .. .. PUB\""\ = '\ if'---.. cO ~ i ....,1I1I1~<117;:~V.,~ ~.......... ........t!...... .11.'1.""''' ,;tj;l RE-ZONE OF RZ-05-004 JACKSON'S FOOD STORE Page 3 of3 Exhibit A EXHIBIT A Jacksons Food Store RZ-05-006 Legal Description/Survey Utili... Jacksons Fuod Stort's~ f Ol,: lR_!::",~~_,.~mditional Ufie ApplkaHon EXHIBIT A PIl'08I1 DItcItptfon far Ronefd Van Auker, Inc. .Jab No. Ottoe Nawmber,,1OM . Lnt\lllilln t!1181J2,Gt8aalion1, nN, IU lL IIaIIt Melldlln. ctr.MldIIft. _Comly, &diba.~ COllIMiIlICING ~u. Weel1f4c-dUld saan 9, mIttlI!d lly81llUlpGIIP ~ ... ~ "IiIId-WaIOInlIIlfnlCl'lI!d 8ecIon 9, NurtIII W'l0'.w... $!lUG 1M!; ~~:rI::..:.r~~,~===:O~pQtIt tDt081ll5. 8 let IIf8'lndI*-, "'llIIOIlI~ pIaatIc CIICl rrMIld "TWl FU flm.l2" IInrilI<< lWl'\md toIlhJll'i.._.... ~Int:ilI1ltlV', aM" POIN1'OF8IiGNlIHB; 1herIDI8ouI1 flO"Ol)'tIf' w-.311.aa-. roa "Uillllnl:tt mar on a. ~h or ~ fII$~ ..,*,thallirtlhhaf.., BoalI<M".at Pilla 1721, ,.CounttPld ~ . :::=~~~~::::'~':u:a:::'.=~af :-~~=~p1r""&laand~nlo... ConCr.mnd!fn ~ ::-~~~=::~=~~:~~~~ ---Ilcln:t.l.-lll~, t(OI1h 44':$8'00" I!ut. 2U4 fMt. lei _1O_.-MInch rMlr, ~~1b'Ig AlrJ~. HOJIiherlOlU"Ell1, !2O.6t_b!hePOltlT OF ~ 2.00 AGiaI, or e11a lquaq-FwI. men 1:1I' lalla. ~. ~ PAGE 63 EXHIBIT .8 WITHIN' THE: S1/2, SECTlON. 9, -T3N. 'R1 E, S.M,.. CITY OF MER.IDIAN, ADA COUNTY; IDAHO W1/4 'COR. SEe 9 CP&F INS.T. N.O. 1827911 P .O.B, 1 N 89' 1 o~ 47" E 307.80' ::i E. PINE AVE. (--..--.---- --.-----------..-- J ,~ I ~ I -l t !':!: 'j N I '~. ffi .g ~ ~ sf '; 0:::' i..., w... .J u. ~ ~ g It) O' I lLJ 00 "=t r;. ~. VJ 0 '~ ro b ~ .1 N c;<.( C 'W I a::; ~ jJ.J '~ J 0, ) . 0 b I. L2 216.92' N.,l.S, 0' z: . _l_~........_ '. - ->---- _ a.,..,. -... L3 N' 87'54'44'" W l.- I ~. I ~ , ~. I z -I I. " LINE TABLE I UNE I 'SEARING 'lQIST:ANC.E_' I : L.1 t ,N 00949'13" W ! 50.00. I I 12 I S B2'5f'1 ~ W. ~ 21-.92'" t ,11..3 " -N B9~9'51" IN I 70.00'1 :vej~J?'8L \ MAR 04 2005 MERIDIAN PUBLlC WORKS OEPT. eO" X~. L3rat::!S~n ~~dSO;c;'. s~o~..~.~ q;~'-' , JI~[l~ L~..i : t ; . ~ Q~ ;~ ; ~ i ~~. ~~ h il u ~ ; g~ ~S i ~~ ~~ ~i d; ii ~; ~;~i i i !~ ! ~ ~ i I~ ; i ~~ I~ i ~ s~ I~ ~ ~ u ~~ ! ~ ~ i ~ ~ " ~ ~ e ~ Ii I-!i ~i ~ q .. r U II i ~ ~ I ~~ ft II ~ ~ :1 g~u~~J~O ~ In~hHi ~ ~e 0 ~ 0 eo ~ ~ '- \ ~ ~ ~ ~ .~ ~ ~ JL;:})EIJLJfHO~V ONINNla: H~va ~ ~,,--------------------~--------------------------,~ -t----------------~sa-~iG--------- I I 1 I ! I ~ ~ :i 1 I Ill, .ll :i ~i ! I d~== ~ l_m__ __ T~-~" I June 24, 2005 MERIDIAN CITY COUNCIL MEETING APPLICANT June 28, 2005 ITEM NO. 32 REQUEST Ordinance - Amending Title 12, Chapter 13, Section 7-8 Regarding Landscapin~ Mulch and Title 12, Chapter 13 Section 7-13(B) regarding Water Efficiency for Landscape Mulch AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: See attached Ordinance I)~ O? / IIYI Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meetings shall become property of the City of Meridran. CITY OF MERIDIAN ORDINANCE NO. tJ 7 - /! 6 :? BY THE CITY COUNCIL: BIRD, DONNELL, ROUNTREE, WARDLE AN ORDINANCE AMENDING TITLE 12, CHAPTER 13, SECTION 7-8 REGARDING LANDSCAPING MULCH AND TITLE 12, CHAPTER 13, SECTION 7-13(B) REGARDING WATER EFFICIENCY FOR LANDSCAPE MULCH OF THE MERIDIAN CITY CODE; AND PROVIDING FOR A WAIVER OF THE READING RULES; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: Section 1: That Title 12, Chapter 13, Section 7-8, of the Meridian City Code is amended to read as follows: 12-13-7-8 MULCH: fcli ergaaie flH:deh sueh as eark or soil aid shall ee applied ta all plaatiag areas fer moistHfe reteatiaa, ,.eed eaatfel, afl€l mederatian ef sail tempeFatl:lres. Impermeable plastie .. eed barrier is prohiliited uader the ffil:lleh, eeeause it restriets Hater ana e7l:)gen to the fOotS. Gra.el!reek maleh is prohibitea ia required landseafle areas as per soosee-tiea 12 13 '7 DB of ~ Mulch shall be used in all required plantinQ areas. Approved mulches may be orQanic such as bark or soil aid or thev may include rock products such as "nermabark" or similar nroducts. Use of mulch orQanic or rock.. as the only Qroundcover in required plantinQ areas is prohibited. Required landscape areas shall be at least 70% covered with veQetation at maturitv with mulch used under and around the olants. Pea gravel drain rock.. road base ~raYel and similar nroducts shall not be used as mulch. All mulch shall be contained bv a curb or other edgin~ material to contain the mulch and prevent it from migratinQ to adiacent surfaces. If rock mulch is used a weed barrier fabric shall be used beneath the rock. lmnermeable nlastic weed barriers are prohibited because they restrict water and oXYQen to the plants. Section 2: That Title 12, Chapter 13, Section 7-13(B), of the Meridian City Code is amended to read as follows: 12-13-7-13: WATER EFFICIENCY: B. Mulch: MHlehes shall be ergaaie aaa breaa uses ef gm, elJ.reek muleh are restFie-tea as per Sl;1esee-tieR 12 13 '7 g efthis ehaflter. Gl'a,el dees Ret retain ater, refleets heat, ana eal:lses greater stress en trees ana sh l:les. Organie ffil:lleh retaias "ater fer a leDger period ef time fer ~ Mulches may be organic or rock as ner Section 12-13-7-8. Low shrubs or other veQetatiye Qfoundcovers with mulch are preferred over lawn areas wherever feasible due to the lower water reauirement of shrubs. LANDSCAPE ORDINANCE AMENDMENT - 2005 Page 1 of2 Section 3: All ordinances, resolutions, orders, or parts thereof or in conflict with this ordinance are hereby voided. Section 4: That pursuant to the affrrmative 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. I L:J./A PASSED by the City Council of the City of Meridian, Idaho, this ~ day of '\.7 {A/)1../L , 2005. APPROVED by the Mayor of the City of Meridian, Idaho, this zg -It day of V~ ,2005. APPROVED: LANDSCAPE ORDINANCE AMENDrv1ENT - 2005 Page 2 of2 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the matter of a request for Annexation and Zoning of 19.72 Acres from RUT (Ada County) to R-8 (Medium Density Residential) and Preliminary Plat Approval of Seventy- Four (74) Single-family Building Lots and Five (5) Other/Common Lots on 19.72 Acres in a Proposed R-8 Zone by Landmark Engineering and Planning, Inc. Case No. AZ-05-014, PP-05-061 For the City Council Hearing Date of: June 28, 2005 A. Findings of Fact 1. Hearing Facts a. A notice of a public hearing was published for two (2) consecutive weeks prior to the City Council public hearing, the first publication appearing and written notice mailed to property owners or purchasers of record within three hundred feet (300') of the external boundaries of the property. The notice of public hearing before the City Council was posted upon the property under consideration more than one week before said hearing. All other noticing was done consistent with Idaho Code ~67- 6509. The matters were duly considered by the City Council at the June 28,2005, public hearing. The applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction of the City of Meridian were given full opportunity to express comments and submit evidence. b. Written and oral testimony was received on this matter, as reflected in the records ofthe City Clerk (for written testimony) and in the official meeting minutes (for oral testimony). c. The Planning and Zoning Commission conducted a public hearing and issued a recommendation for approval to City Council. d. The City Council heard and took oral and written testimony and duly considered the evidence and the record in this matter. 2. Process Facts There has been compliance with all notice and hearing requirements set forth in Idaho Code ~67-6509, 6512, and Meridian City Code ~~ 11-15-5 and 11-17-5 as evidenced by the Affidavit of Mailing, and the Affidavit of Publication and Proof of Posting filed with the staff report. 3. Application and Property Facts CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO. AZ-OS-014,PP-OS-OI6 -PAGE] of4 a. In addition to the application and property facts noted in the staff report and the Plamling & Zoning Recommendation for the subject application(s), it is hereby verified that the property owner ofrecord at the time of issuance of these findings is Interwest Development (Bruce Blaser). 4. Required Findings per Zoning and Subdivision Ordinances a. See Exhibit D for the findings required for each application. B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (LC. g67- 6503). 2. The Meridian City Council takes judicial notice of its Zoning, Subdivision and Development Ordinances codified at Titles 11 and 12, 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 August 6, 2002, Resolution No. 02-382 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code g 11-17-9. 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 PlalU1ing and Zoning Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Legal Description in Exhibit A, the Preliminary Plat dated 3/1 0/05 as shown in Exhibit B, and the Conditions of Approval in Exhibit C. 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 S 12-3-5 and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's Preliminary Plat as evidenced by having submitted the Preliminary Plat dated 3/10/05 is hereby conditionally approved; CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO. AZ-05-0] 4, PP-05-0 16 - PAGE 2 of 4 2. The site specific and standard conditions of approval are as shown in Exhibit C. D. Notice of Applicable Time Limits (as applicable) 1. Notice of Twelve (12) Month Preliminary Plat Duration Please take notice that after the date of approval of the preliminary plat, the owner or developer shall have one year within which to file the request for approval of the final plat. After approval of final plat, the owner or developer shall have one year to begin construction of the public utilities and one year thereafter to complete construction of those public facilities. (MCC 12-2-4.B & C.) E. Notice of Final Action and Right to Regulatory Takings Analysis 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. 2. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code S 67-6521 an affected person being a person who has an interest in real property which may be adversely affected by the issuance or denial of the approval 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. Exhibits Exhibit A: Legal Description Exhibit B: Approved Preliminary Plat (3110/05, with conditions) Exhibit C: Conditions of Approval (all agencies) Exhibit D: Annexation and Zoning and Preliminary Plat Required Findings By action of the City Council at its regular meeting held on the 01UrY\..R ~ ,2005. Zf3 0. dayof COUNCIL MEMBER SHAUN WARDLE VOTED~ COUNCIL MEMBER CHRISTINE DONNELL VOTED~ CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO. AZ-05-0 14, PP-05-0 16 - PAGE 3 of 4 COUNCIL MEMBER CHARLIE ROUNTREE VOTED~ COUNCIL MEMBER KEITH BIRD VOTED~ MAYOR TAMMYdeWEERD (TIE BREAKER) VOTED - and City Attorney. BY'-1t~(lh\ 1 ~ ! I M < City Clerk's Office Dated: lb-;~n -('[; CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO. AZ-05-0 14, PP-05-016 - PAGE 4 of 4 Sicily Subdivision AZ-05-014 PP-05-016 Legal Description I, O,>PM SlfWART fJ HE ID:lIIBlt' "A" TRACT ill All Ow p'",,, 'Uh, W'" "", ,f Ib, Soolbw", ""'"" of u" N"Ib,.. Qo.,." "" 0' 'h, W ~I H,1f or rn, E", "., 0' u" s..iliw,. Qo>n" of"" No"".... Q""" ,''',, NO",,~ly of Ib, R.d",,,,,,, C '0,1, ,I] " S~c!lOn 30, TOWnship J North, Range I East of the Boise MeridillIl, Ada Count)', Idaho. EXHIBIT B Sicily Subdivision AZ-OS-014 PP-05-016 Approved Preliminary Plat !~O I ,1. --t- . , , / ~::.::::-~-:;. EXHIBIT C Sicily Subdivision AZ-05-014 PP-05-0l6 Conditions of Approval ANEXATION & ZONING COMMENTS 1. The annexation legal description submitted with the application (dated ] 2-1-04, stamped by James R. Washburn, PLS) shows the property as contiguous to the existing corporate boundary of the City of Meridian. 2. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service, per City Ordinance Section 5-7-517, when services are available from the City of Meridian. Wells may be used for non-domestic purposes such as landscape irrigation. 3. Any future subdivision, uses and construction on this property shall comply with the City of Meridian ordinances in effect at the time. SITE SPECIFIC CONDITIONS-PRELIMINARY PLAT 1. All conditions of the accompanying Annexation/Zoning (AZ-05-014) application shall also be considered conditions of the Preliminary Plat (PP-05-016). 2. Provide a public stub street to the north (S. Caesar Ave), as proposed. 3. With the submittal of the final plat application, the applicant shall submit a copy of the Ada County Street Name Committee's final approval letter for the street names, subdivision name, and lot and block numbering. Make any other corrections necessary to conform. 4. The landscape plan prepared by Jensen Belts Associates., dated 3-11-05 is approved as submitted. Any tree over 4" in caliper that is removed from the property shall be replaced by installing additional trees, being the equivalent number of caliper inches of trees that were removed. Required landscaping trees will not be considered as replacement trees for those trees that may be removed (MCC 12-13-13-3). 5. The applicant has requested a waiver for the Ridenbaugh Canal to remain open, per MCC 12-4-13. Based on other sections of the Ridenbaugh that have been bridged, a pipe diameter would substantially exceed 48 inches. Historically, the City of Meridian has not required the tiling of waterways that would require a pipe diameter of 48 inches or larger. 6. All irrigation ditches, laterals or canals, exclusive of natural wateLWays and the Ridenbaugh Canal, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per City Ordinance 12-4-13. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or non-approval submitted to the Public Works Department. If lateral users association approval can't be obtained, alternative plans shall be reviewed and approved by the Meridian City Engineer prior to final plat signature. 7. Sanitary sewer service is being proposed to this site via the Roseleaf and Chatsworth developments to the East. These projects have been approved but there is no time line for their completion. The applicant shall be responsible for constructing the lateral sewer through this proposed development The subdivision designer is responsible for coordinating main sizing and routing with the Public Works Department. 8. Proceeding through the approval process is strictly the risk of the applicant. The City of Meridian does not guarantee sewer service within the development time frames outlined in Meridian City Ordinance. 9. Water service is being proposed to this site via the Roseleaf and Chatsworth developments to the East. These projects have been approved but no there is no time line for their completion. The applicant shall be responsible for constructing the water main to and through this proposed development, thereby making them available to adjacent properties. The subdivision designer is responsible for coordinating main sizing and routing with the Public Works Department. 10. Proceeding through the approval process is strictly the risk of the applicant. The City of Meridian does not guarantee water service within the development time frames outlined in Meridian City Ordinance. 11. Underground vear-round pressurized irrigation must be provided to all lots within this development. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. If the pressurized irrigation system within this development is to remain a private homeowners' association system, complete plans and specifications shall be reviewed by the Public Works Department as part of the development plan review process. A draft copy of the pressurized irrigation system O&M manual shall be submitted prior to plan approval. The applicant shall be required to utilize any existing surface or well water for the primary source. If a surface or well source is not available, a single- point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer shall be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. 12. The applicant has indicated that storm drainage will be routed to shallow storm water detention ponds then discharged into existing drainage ditches at pre- development flows. It is the applicant's responsibility to coordinate, and enter into, a Discharge Agreement with Nampa & Meridian Irrigation District. 13. If permanent perimeter fencing is not provided, temporary construction fencing to contain debris must be installed around the perimeter prior to issuance of a building permit. 14. Maintenance of all common areas shall be the responsibility of the Sicily Homeowners' Association. 15. A six-foot "open vision" or four-foot solid fencing is required adjacent to the common area/open space lots. Submit a detailed fencing plan with the final plat. 16. The applicant shall submit a Variance application for block length that shall be heard concurrently at City Council with the subject Annexation and Zoning and Preliminary Plat applications. 17. No variances, exceptions or reductions to the City adopted dimensional standards or uses are approved with this preliminary plat application. All minimum lot sizes, structure setbacks, street frontage, and house size requirements shall be maintained. GENERAL REOUIREMENTS-PRELIMINARY PLAT 1. All grading of the site shall be performed in conformance with MCC 11-12-3H. 2. Sidewalks shall be installed within the subdivision and on the perimeter of the subdivision pursuant to MCC 12-13-10-8. 3. A letter of credit or cash surety in the amount of 110% will be required for all fencing, landscaping, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the final plat. 4. A detailed landscape plan, in compliance with the landscape and subdivision ordinance and as noted in this report, shall be submitted for the subdivision with the final plat application. 5. Coordinate fire hydrant placement with the City of Meridian Public Works Department. 6. One-hundred-watt, high-pressure sodium streetlights will be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. Final design locations and quantity are determined after power designs are completed by Idaho Power Company. The street light contractor shall obtain design and pennit from the Public Works Department prior commencing installations. 7. Any tree over 4" in caliper that is removed from the property shall be replaced by installing additional trees, being the equivalent number of caliper inches of trees that were removed. Required landscaping trees will not be considered as replacement trees for those trees that have to be mitigated. 8. Submit any up-dated groundwater/soils monitoring data, as collected and analyzed by a soils scientist, to the Public Works Department for review. Any drainage areas (detention/retention basins) must be designed to ensure that water will percolate or discharge with a period of time not to exceed 24-hours for all stonns up to and including a 100-year storm events. Side slopes within drainage areas shan not exceed 3: 1. Any portion of a drainage area not improved with sod/grass seed (or other approved landscaping) shan not count towards the required open space area. The project engineer should pay close attention to the results of field studies determining the groundwater, soil type & and characteristics during the design and construction phases. The engineer shall be required to certify that the street centerline elevations are set a minimum of3-feet above the highest established nonnal groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least I-foot above groundwater. 9. The applicant shall coordinate mailbox locations with the Meridian Post Office. 10. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells may be used for non-domestic purposes such as landscape irrigation. 11. Compaction test results must be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 12. Applicant's engineer will be required to submit a signed, stamped statement certifying that all street finish centerline elevations are set a minimum of three feet above the highest established normal groundwater elevation. 13. The applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to signature on the final plat per Resolution 02-374. 14. 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. 15. The applicant shall be responsible for application and compliance with any DPDES permitting that may be required by the Environmental Protection Agency. 16. The applicant shall be responsible for application and compliance with any Section 404 permitting that may be required by the Anny Corps of Engineers. 17. Staff's failure to cite specific ordinance provisions or terms of the approved annexation/conditional use does not relieve the applicant of responsibility for compliance. 18. Preliminary plat approval shall be subject to the expiration provisions set forth in MCC 12-2-4. Other Al!encv/Denartment Comments & Conditions SANITARY SERVICES COMPANY (SSC) 1. SSC has no comments related to this application. MERIDIAN FIRE DEPARTMENT 1. One and two family dwellings will require a fire-flow of 1,000 gallons per minute available for duration of 2 hours to service the entire project. Fire hydrants shall be placed an average of 500' apart. International Fire Code Appendix C 2. Acceptance of the water supply for fire protection will be by the Meridian Fire Department and water quality by the Meridian Water Department for bacteria testing. 3. Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 W' outlet face the main street or parking lot aisle. b. The Fire hydrant shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works spec. d. Locations with fire hydrants shall have the curb painted red 10' to each side of the hydrant location. e. Fire Hydrants shall be placed on corners when spacing permits. f. Fire hydrants shall not have any vertical obstructions to outlets within 10'. g. Fire hydrants shall be place 18" above finish grade. h. Fire hydrants shall be provided to meet the requirements of the IFC Section 509.5. 4. The phasing plan may require that any roadway greater than 150' in length that is not provided with an outlet shall be required to have an approved turn around. 5. All entrance and internal roads shall have a turning radius of 28' inside and 48' outside radius. 6. Operational fire hydrants, temporary or penn anent street signs and access roads with an all weather surface are required before combustible construction is brought on site. 7. The proposed 74-lot subdivision with an estimated 2.9 residents per household would have a total estimated population of215 residents at build out. 8. Where a portion of the facility or building hereafter constructed or moved into or within the jurisdiction is more than 400 feet (122 m) from a hydrant on a fire apparatus access road, as measured by an approved route around the exterior of the facility or building, on-site fire hydrants and mains shall be provided where required by the code officiaL For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2 the distance requirement shall be 600 feet (183). a. For Group R-3 and Group U occupancies, the distance requirement shall be 600 feet (183 m). b. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2, the distance requirement shall be 600 feet (183 m). MERIDIAN PARKS DEPARTMENT 1. The Parks Department has no concerns with the site design as submitted with the application. MERIDIAN POLICE DEPARTMENT 1. No comments received. EXHIBIT D Sicily Subdivision AZ-05-014 PP-05-016 Required Findings ANNEXATION & ZONING ANALYSIS Because the analysis below applies both to the proposed use and the proposed zoning, staff has combined the analysis of use with the annexation and zoning findings. According to Meridian City Code (MCC) 11-15-11, General Standards Applicable to Zoning Amendments, both the Planning & Zoning Commission and Council are required "to review the particular facts and circumstances of each proposed zoning amendment in terms of the following standards and shall fmd adequate evidence answering the following questions about the proposed zoning amendment." The following is the list of standards found in 11-15-11 and analysis by staff: A. Will the new zoning be harmonious with and in accordance with the Comprehensive Plan and, if not, has there been an application for a Comprehensive Plan amendment; Citv Council finds that the prODosed zoninl! desil!nation R-8 is hannonious with and in accordance with the 2002 Comprehensive Plan and Future Land Use Map which desilIDates the land to be Medium Densitv Residential. There is a minimum target density of three dwelling units per acre in the Comprehensive Plan; the proposed gross density of Sicily Subdivision is 3.75 dwelling units per acre. The Future Land Use Map shows a future community park in this square mile. However, the Parks Department is not seeking to acquire any land from the applicant. The following Comprehensive Plan policies support this proposal: · Require that development projects have planned for the provision of all public services (Chapter VII, Goal III, Objective A, Action 1) When the City established its Area of City Impact, it planned to provide City services to the subject properties. The City of Meridian plans to provide municipal services to the lands proposed to be annexed in the following manner: Sanitary sewer and water service will be extended to the project at the developer's expense. The subject lands currently lie within the jurisdiction of the Meridian Rural Fire District. Once annexed the lands will be under the jurisdiction of the Meridian City Fire Department, who currently shares resource and personnel with the Meridian Rural Fire Department. Fire and Emergency Medical Services will be provided by Meridian City Fire Station #3. The subject lands lie within 1.5 miles of the recently opened Meridian City Fire Station #3 and lie within the Meridian Fire Department's five-minute response zone. The subject lands currently lie within the jurisdiction of the Ada County Sheriff's Office. Once annexed the lands will be serviced by the Meridian Police Department (MPD). The roadways adjacent to the subject lands are currently owned and maintained by the Ada County Highway District (ACHD). This service will not change. The subject lands are currently serviced by the Meridian School District #2. This service will not change. The subject lands are currently serviced by the Meridian Library District. This service will not change and the Meridian Library District should suffer no revenue loss as a result of the subject annexation. Municipal, fee-supported, services will be provided by the Meridian Building Department, the Meridian Public Works Department, the Meridian Water Department, the Meridian Wastewater Department, the Meridian Planning and Zoning Department, Meridian Utility Billing Services, and Sanitary Services Company. · Protect existing residential properties from incompatible land use development on adjacent parcels (Chapter VII, Goal IV, Objective C, Action 1) All of the properties adjacent to the subject site are either designated for residential or public/quasi public uses on the Comprehensive Plan Future Land Use Map. · Support a variety of residential categories (low-, medium-, 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 (Chapter VII, Goal N, Objective C, Action 10) The subject property is designated Medium-Density Residential on the Future Land Use Map which identifies this area as an appropriate area for medium- density residential development. This proposal meets the Comprehensive Plan definition of medium-density, with a gross density of 3.75 dwelling units per acre. · Require street connections between subdivisions at regular intervals to enhance connectivity and better traffic flow (Chapter VI, Goal II, Objective A, Action 6) One stub street has been provided to large, undeveloped parcel to the north and two street connections have been provided to the east to Roseleaf and Chatsworth Subdivisions (see ACHD report for details). City Council finds that the proposed R-8 zoning designation is hannonious with and in accordance with the Comprehensive Plan. B. Is the area included in the zoning amendment intended to be rezoned in the future; City Council does not anticipate that the applicant intends to rezone the subject property in the future. There are several large, undeveloped county parcels to the west, north and south of this land and additional annexation/rezone requests are anticipated on these parcels in the future. C. Is the area included in the zoning amendment intended to be developed in the fashion that would be allowed under the new zoning -for example, a residential area turning into a commercial area by means of conditional use permits; City Council finds that the proposed single-family residential subdivision would be allowed within the requested zoning district of R-8. The accompanying plat demonstrates the land would be developed in lot sizes, housing types and other dimensional requirements that conform to the proposed zoning designation. D. Has there been a change in the area or adjacent areas which may dictate that the area should be rezoned. For example, have the streets been widened, new railroad access been developed or planned or adjacent area being developed in a fashion similar to the proposed rezone area; City Council finds that the land directly east of the subject property is annexed and approved for development similar to the proposed subdivision (Roseleaf Subdivision and Chats worth Subdivision). Tuscany Lakes Subdivision and Sageland Subdivision were also recently approved residential developments in the area. Tuscany Lakes Subdivision is located near the southwest comer of Locust Grove Road and Victory Road and Sageland Subdivision is on the northeast corner of Locust Grove Road and Victory Road. The majority of Section 30, Township 3 North, Range 1 East is designated for residential development similar to the proposed project. This is the fourth annexation application the City has processed within the northeast quarter of Section 30. Locust Grove Road is designated as a Urban Collector on the Functional Street Classification Map. This section of Locust Grove Road abutting the site is not currently programmed within ACHD's Five Year Work Program or Capital Improvement Program for roadway improvements. E. Will the proposed uses be designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and that such use will not change the essential character of the same area; The existing character of the area will, and is, currently changing, especially upon build-out of the proposed project and other similar subdivisions in the general vicinity. City Council finds that the proposed R-8 zoning and subsequent single- family residential uses proposed in the preliminary plat are consistent with the intended character of the vicinity, as depicted on the Future Land Use Map. City Council also finds that the proposed zoning/uses can be designed and constructed in a manner that will be harmonious with and appropriate in appearance with the existing and intended character of the surrounding area. Although there will be an impact of the subject development on the existing character of the area (agricultural), staff finds that the impact is consistent with the intended character ofthe area; a mix ofIow and medium density residential. F. Will the proposed uses not be hazardous or disturbing to existing or future neighboring uses; City Council does not anticipate that the proposed residential uses will be hazardous as long as landscaping, fencing and the other conditions outlined in this report are complied with and construction traffic and house construction is conducted in a manner consistent with City Code. G. Will the area be served adequately by essential public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water, sewer or that the person responsible for the establishment of proposed zoning amendment shall be able to provide adequately any of such services; The applicant and/or future property owners will be required to pay park and highway impact fees as well as construct on-site storm water drainage facilities. Sanitary sewer and water service for this development will be from mains in Roseleaf and Chatsworth Subdivisions. The applicant shall be responsible for the extension of utilities to and through this proposed development. Sizing and routing shall be coordinated with the Public Works Department. On April 29, 2005, a joint agency/department comments meeting was held with representatives of key service providers to this property. The detailed comments and conditions from the Fire Department, Police Department, and other agencies/departments are at the end of this report. Based on the comments received from other agencies/departments, City Council finds that the public services listed above can be made available to accommodate the proposed development. H. Will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community; If approved, the developer will be financing the extension of sewer, water, public street infrastructure, utilities and irrigation services to serve the project. The primary public costs to serve the future residents will be fire, police, school facilities and services. City Council finds there will not be excessive additional requirements at public cost. Staff does not anticipate that the annexation and zoning will be detrimental to the community's economic welfare. I. Will the proposed uses not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; City Council recognizes that traffic and noise will increase with the approval of a development on this site; however, staff does not believe that the amount generated will be detrimental to the general welfare of the public. Traffic congestion is an ongoing issue for Meridian, the resolution of which is beyond the scope of this project. City Council does not anticipate that annexation and development in accordance with current city code and the Comprehensive Plan will create excessive noise, smoke, fumes, glare, or odors. J. Will the area have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public streets; The applicant is proposing to construct one public street entrance into the site from Chatsworth Subdivision (E. Mona Lisa Drive) and one public street entrance into the site from Roseleaf Subdivision (E. Palermo Drive). If vehicular approaches (streets) are approved and constructed in accordance with ACHD policy, staff does not believe that the subdivision will create interference with traffic on the surrounding public streets. Please review the ACHD report for this project for additional information regarding this finding. K. Will not result in the destruction, loss or damage of a natural or scenic feature of major importance; and City Council is not aware of any natural or scenic features that may be lost, damaged or destroyed with the approval of the subject applications. Staff recommends that the Commission and Council reference any public testimony that may be presented to determine whether or not the proposed development may result in the destruction, loss or damage of a natural or scenic feature(s) of importance of which staff is unaware. Any existing trees larger than 4" caliper that are removed should be mitigated for, per the Landscape Ordinance. L. Is the proposed zoning amendment in the best interest of the City of Meridian. (Ord. 592, 11-17-1992)? In accordance with the findings listed above, City Council finds that the annexation/zoning of this property, as proposed by the applicant, is in the best interest of the City. PRELIMINARY PLAT ANALYSIS Meridian City Code (MCC) 12-3-3 J.2 and 12-3-5 D read as follows: "In determining the acceptance of a proposed subdivision, the Commission/Council shall consider the objectives of this title and at least the following: A. The conformance of the subdivision with the Comprehensive Development Plan; See Annexation and Zoning Analysis "A" above. B. The availability of public services to accommodate the proposed development; City Council finds that public services are or will be available to accommodate the proposed development. See Annexation and Zoning Analysis "G" above. C. The continuity of the proposed development with the capital improvement program; Because the developer is installing sewer, water, and utilities for the development at their cost, staff finds that a development on this property will not require the expenditure of capital improvement funds. D. The public financial capability of supporting services for the proposed development; The development will not require major expenditures for providing supporting services. (See finding "0" under Annexation and Zoning Analysis above, and the Agency Comments and Conditions at the end ofthis report for more detail.) E. The other health, safety or environmental problems that may be brought to the Commission's attention. City Council finds that there should not be any health, safety or envirorunental problems associated with this subdivision that should be brought to the Councilor Commission's attention; no hazardous natural features have been identified on the site. ACHD considers road safety issues in their analysis. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the Matter of Devon Park Subdivision #3 a request for Preliminary Plat of 16 commercial lots and one common Lot, with a Planned Development, and Conditional Use for a Public/Quasi Public in C-G and R-40 zones by Fairview Lakes LLC. Case No(s). PP-05-018, CUP-05-023 For the City Council Bearing Date of: June 28, 2005 A. Findings of Fact 1. Hearing Facts a. A notice of a public hearing was published for two (2) consecutive weeks prior to the City Council public hearing, the first publication appearing and written notice mailed to property owners or purchasers of record within three hundred feet (300') of the external boundaries of the property. The notice of public hearing before the City Council was posted upon the property under consideration more than one week before said hearing. All other noticing was done consistent with Idaho Code ~67- 6509. The matter was duly considered by the City Council at the June 28, 2005, public hearing(s). The applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction of the City of Meridian were given full opportunity to express comments and submit evidence. b. Written and oral testimony was received on this matter, as reflected in the records of the City Clerk (for written testimony) and in the official meeting minutes (for oral testimony). c. The Planning and Zoning Commission conducted a public hearing on May 19, 2005 and issued a written recommendation on the subject matter to the City CounciL d. The City Council heard and took oral and written testimony and duly considered the evidence and the record in this matter. 2. Process Facts a. There has been compliance with all notice and hearing requirements set forth in Idaho Code ~67-6509, 6512, and Meridian City Code ~S 11-15-5 and 11-17-5 as evidenced by the Affidavit of Mailing, and the Affidavit of Publication and Proof of Posting filed with the staff report. 3. Application and Property Facts CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). PP-05-0 18, CUP-05-023 - PAGE 1 of 4 a. In addition to the application and property facts noted in the staff report and the Planning & Zoning Recommendation for the subject application(s), it is hereby verified that the property owner(s) ofrecord at the time of issuance of these findings are Fairview Lakes LLC. 4. Required Findings per Zoning and Subdivision Ordinance a. See Exhibit C for the findings required for Preliminary Plat/Conditional Use. 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 Zoning, Subdivision and Development Ordinances codified at Titles 11 and 12, 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 August 6,2002, Resolution No. 02-382 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code ~ 11-17-9. 4. Due consideration has been given to the cornrnent(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning and Zoning Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Legal Description in Exhibit A, the Preliminary Plat dated February, 2005 as shown in Exhibit B and the Conditions of Approval in Exhibit D. 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 ~ 12-3-5 and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's Preliminary Plat as evidenced by having submitted the Preliminary Plat dated February, 2005 is hereby conditionally approved; and CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO{S). PP-05-018, CUP-05-023 - PAGE 2 of 4 2. The applicants Conditional Use request for a Public/Quasi Public Use and Planned Development is hereby conditionally approved; and 3. The site specific and standard conditions of approval are as shown in Exhibit C. D. Notice of Applicable Time Limits I. Notice of Twelve (12) Month Preliminary Plat Duration Please take notice that after the date of approval of the preliminary plat, the owner or developer shall have one year within which to file the request for approval ofthe final plat. After approval offinal plat, the owner or developer shall have one year to begin construction ofthe public utilities and one year thereafter to complete construction of those public facilities. (MCC 12-2-4.B & C.) E. Notice of Final Action and Right to Regulatory Takings Analysis I. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. 2. Please take notice that this is a final action ofthe governing body of the City of Meridian, pursuant to Idaho Code S 67-6521 an affected person being a person who has an interest in real property which may be adversely affected by the issuance or denial of the conditional use permit approval 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. Exhibits Exhibit A: Legal Description Exhibit B: Approved Preliminary Plat/Site Plan Exhibit C: Required Findings Exhibit D: Final Conditions of Approval By a~n ofthe City Council at its regular meeting held on the 00 ~ ,2005. 2 t:! 7'A. l.J --- day of COUNCIL MEMBER SHAUN WARDLE VOTED~ CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). PP-05-0 18, CUP-05-023 - PAGE 3 of 4 COUNCIL MEMBER CHRISTINE DONNELL VOTED~ VOTED~ VOTED~ COUNCIL MEMBER CHARLIE ROUNTREE COUNCIL MEMBER KEITH BIRD MA YOR TAMMY de WEERD (TIE BREAKER) VOTED_ and City Attorney. By; 11umJ11\ ~ ~fl\.J City Clerk's Office Dated: lJl - 1.>0 ..-CS CITY OF MERJDlAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). PP-OS-O 18, CUP-OS-023 - PAGE 4 of 4 EXHIBIT A Devon Park Subdivision #3 PP-OS-018, CUP-OS-023 Legal!l~~~~ip.!!~~ EXHIBIT "Au Legal Description BoundalY -Devon Park Subdivision No.3 A portion of Lot 2, Block 1 of Devon Park Subdivision No.1, recorded In Book 89, at Page 10355 and a portion of the Southwest Quarter of the Southeast Quarter of Section 6, Township 3 North, Range 1 East of the Boise Meridian, City of Meridian, Ada County, Idaho, more particularly described as follows: Commencing at the Section corner common to Sections 5, 6, 7 and 8, Township 3 North, Range 1 East, B.M.; thence along the south line of said Section 6, North 89028'06" West a distance of 2641.06 feet to a brass cap at the quarter corner common to Sections 6 and 7 recorded as Instrument No. 103121926; thence leaving said south line, North 00020'01" East a distance of 522.39 teet, to the Real Point of Beginning; thence North 00"20'01" East a distance of 453.74 feet to a point; thence South 90"00'00" East a distance of 317.11 feet to a paint on the Northerly extension of the westerly right-of-way line of North Lakes Place; thence South 00"00'00" West 268.05 feet along said extension to a paint of curvei thence 18.86 feet along the arc of a curve to the right haVing a radius of 20.00' feet; through a central angle of 54"01'13", the chord of which bears South 27"00'36" West 18.16 feet to a point of a reverse curve along said extension of the westerly right-oF-way line of North Lakes Place; thence 113.14 feet along the arc of a curve to the left having a radius of 60.00 feet; through a central angle of 108002'26", the chord of which bears South 00.00'00" East 97.11 feet to a point of reverse curvature along said westerly right-oF-way line of North Lakes Place, thence 18.86 feet along the arc of a curve to the right having a radius of 20.00' feet; through a central angle of 54.01'13", the chord of which bears South 27.00'36" East 18.17 feet to a point of tangency along said westerly right-of-way line of North Lakes; thence South 00000'00" East a distance of 56.21 feet; thence leaving said Westerly right-oF-way of North Lakes Place, North 90"00'00" West a distance of 319.76 feet to the Paint of Beginning. Said parcel contains 3.26 acres, more or less Project No. 03-150 January 14, 2005 EXHIBIT B Devon Park Subdivision #3 PP-OS-018, CUP-OS-023 Approved Site Plan Devon Park #3 Exhibit B Devon Park #3 Exhibit B EXHIBIT C Devon Park Subdivision #3 PP-05-018, CUP-05-023 Required Findings for Preliminary Plat/Conditional Use PRELIMINARY PLAT FINDINGS AND REOUIREMENTS Sections 12-3-3 J.2 and 12-3-5 D read as follows: "In determining the acceptance of a proposed subdivision, the Commission/Council shall consider the objectives ofthis title and at least the following: a. The conformance of the subdivision with the Comprehensive Development Plan; Stafffinds that the current zoning designation is in general compliance with the effective Comprehensive Plan ('02) and the Future Land Use Map, which designates the land to be "Mixed Use Community." which allows for the commercial and residential mix of uses previously approved within the proposed subdivision. Generally, the Mixed Use designation will provide for a combination of compatible land uses that are typically developed under a master or conceptual plan. The mixed use plan was conceived under CUP-02-014 as Fairview Lakes Office Park. Sample Uses are listed as entertainment, clean industry, and major employers. The uses of Office/Retail are similar to the sample uses listed on Page 98 Chapter VII of the Meridian City Comprehensive Plan. The proposed office/retail uses within the subdivision are permissible under the excepted land use provisions of the MCC (12-6-3.) Therefore, Staff finds that the proposed subdivision is in compliance with the Comprehensive Plan. b. The availability of public services to accommodate the proposed development; Staff finds that this development will not cause excessive additional requirements at public cost. The property has existing sewer and water stubs served adequately by all essential public facilities and services through Devon Park Subdivision No. I and Devon Park Subdivision No.2. Applicant shall be required to extend water and sanitary sewer mains to and through the proposed development. c. The continuity of the proposed development with the capital improvement program; Staff finds that the subdivision will not conflict with the capital improvement plan. Because the developer is installing sewer, water, utilities and irrigation, the subdivision will not require the expenditure of capital improvement funds. d. The public financial capability of supporting services for the proposed development; Staff finds that the development will not require major expenditures for providing supporting services. See item b. e. The other health, safety or environmental problems that may be brought to the Commission's attention. Staff finds that there should not be any other health, safety or environmental problems associated with this subdivision that should be brought to the Councilor Commission's attention. ACHD considers road safety issues in their analysis. No hazardous natural features have been identified on the site. CONDITIONAL USE FINDINGS AND REOUIREMENTS The Commission and Council shall review the particular facts and circumstances of each proposed conditional use in terms of the following and may approve a conditional use permit if they shall find evidence presented at the hearing(s) is adequate to establish (11- 17-3): A. That the site is large enough to accommodate the proposed use and all yards, open spaces, parking, landscaping and other features as may be required by this ordinance; Staff finds that the subject property is large enough to accommodate the requested use and all other required features as noted above. There are 126 required parking stalls for approximately 31,400 square feet of retail/office space. The applicant is proposing 155 parking stalls on these lots. So, staff concludes that the site is large enough to accommodate the proposed uses. Perimeter landscaping has been approved under the Fairview Lakes/Devon Park Planned development. The applicant has shown the required landscape buffers on the site plan. Intemallandscaping will be addressed through Certificate of Zoning Compliance Approval. B. That the proposed use and development plan will be harmonious with the Meridian Comprehensive Plan and in accordance with the requirements of this Ordinance; The current Comprehensive Plan Land Use Map designates the property as "Mixed Use Community". The Comprehensive Plan text policies of Chapter VII, including the requirement for all development to proceed through a CUP and allowing retail uses, are met with this plan. Staff finds that the proposed commercial/retail use is harmonious with and in accordance with the Comprehensive Plan. As noted in the Findings for File #CUP-03-054, the "Mixed Use-Community" policies (Ch. VII, pg. 98) set a maximum of200,000 s.f. of non-residential uses per each area with a MU-C designation. If approved, the proposed 31,400 s.f. building will be counted toward this allowable square footage of non-residential uses within the entire Fairview LakeslDevon Park development. The square footage increase is still under the maximum 200,000 s.f. allowed. c. That the design, construction, operation, and maintenance will be compatible with other uses in the general neighborhood and with the existing or intended character of the general vicinity and that such use will not adversely change the essential character of the same area; Staff finds that the Planning & Zoning Commission and City Council have previously determined the proposed uses and site configuration to be compatible with the general neighborhood. D. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity; Staff does not anticipate that the revised project will have an adverse impact on other properties within the vicinity; however, the Commission and Council should consider any testimony (written and oral) presented at the public hearings before making this finding. To mitigate any potential adverse impact, the applicant must comply with the minimum buffers between land uses widths, as noted in Finding C above. E. That the proposed use will be served adequately by essential public facilities and services such as highways, street, police, and fire protection, drainage structures, refuse disposal, water, sewer or that the person responsible for the establishment of proposed conditional use shall be able to provide adequately any such services; Staff finds that the revised development plans will be adequately served by the essential public facilities and services listed above. The applicant has already received approval for these services as part of previous applications. F. That the proposed use will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community; Staff finds that the proposed use would not be detrimental to the economic welfare of the community, nor would it create the need for any new facilities or services to be paid for by the public that would be considered excessive. The use will actually be a net contributor to the tax base and job base of the City. G. That the proposed use will not involve activities or processes, materials, equipment, and conditions of operation that will be detrimental to any persons, property, or general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; Staff finds that there will be similar levels of traffic and noise in the general vicinity of the revised project when compared to the original project. Staff further finds that approval of the revised project will not lead to a major increase in smoke, fumes, glare, odors or other disturbances that will be considered detrimental to the welfare ofthe City and the subdivision's neighbors. H. That the proposed use will have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public streets; Staff finds that the proposed use and vehicular approaches will not create significant interference with any traffic on the surrounding public streets. A traffic signal has been approved for the intersection ofN. Lakes Avenue and E. Fairview Ave, which should enhance the movement and circulation of traffic in this area. Please review the ACHD report for this project for additional information regarding this finding. I. That the proposed use will not result in the destruction, loss or damage of a natural, scenic or historic feature considered to be of major importance. Staff does not find that any natural or scenic feature will be lost, damaged or destroyed by issuance of this conditional use. Existing trees greater than 4" caliper must be retained or mitigated for, if removed. EXHIBIT D Devon Park Subdivision #3 PP-OS-018, CUP-OS-023 Site Specific and Standard Comments SPECIAL CONSIDERATIONS-PRELIMINARY PLAT The applicant shall maintain compliance with existing development agreement for the Fairview Lakes Office Park Subdivision, PP-Ol-002, CUP-02-0l4 and all applicable conditions of approval for the commercial lots in a mixed use development. PRELIMINARY / FINAL PLAT SITE SPECIFIC COMMENTS I. Sanitary sewer service to this site will be from service line extensions from existing and proposed mains adjacent to the project. Subdivision designer to coordinate service sizing and routing with the Public Works Department. Applicant shall execute City of Meridian standard forms of easements, for any mains that are required to provide service. 2. Water service to this site will be from main line extensions from existing water mains in Devon Park Subdivision #1 and Devon Park Subdivision #2. The applicant will be responsible to construct water mains to and through this proposed development. Subdivision designer to coordinate main sizing and routing with the Public Works Department. Applicant shall execute City of Meridian standard forms of easements, for any mains that are required to provide service. 3. Per MCC 12-13-10-4, maintain the existing lO-foot wide street buffer along N. Lakes Avenue Drive in compliance with the overall site landscape plan. All required street buffers shall be located beyond any future right-of-way. Show easements for all required buffers on the final plat. The Business Owners Association shall maintain all required landscape buffers. 4. All landscape buffers shall be constructed prior to the issuance of any Certificate of Occupancy within the subdivision. 5. A perpetual vehicular cross access easement shall be provided to all lots within the subdivision. Said cross access shall be depicted on the final plat for Devon Park Subdivision #3. 6. A detailed fencing and landscape plan, in compliance with MCC 12-13, shall be submitted with the final plat application. 7. Any tree over 4" in caliper that is removed from the property shall be replaced by installing additional trees, being the equivalent number of caliper inches of trees that were removed, unless deemed mmecessary by the City Arborist per Ordinance 12-13-13. Required landscaping trees will not be considered as replacement trees for those trees that have to be removed. The applicant shall submit a tree removal/preservation plan at least 10 days prior to the City Council hearing. 8. Add the following plat note: (12) The owner of each lot, across which passes an irrigation/drainage ditch or pipe, is responsible for the maintenance thereof, unless such responsibility has been assumed by an irrigation/drainage jurisdiction. 9. All internal landscaping shall be installed as depicted on approved landscape plans for the individual lots during the Certificate of Zoning Compliance process. 10. The applicant has indicated that Nampa Meridian Irrigation will own and maintain the pressurized irrigation system within this development. Underground year-round pressurized irrigation must be provided to all lots within this development. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. Applicant shall be required to utilize any existing surface or well water for the primary source. If a surface or well source is not available, a single-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer shall be responsible for the payment of assessments for the common areas prior to signature on the final plat by the Meridian City Engineer. 11. The preliminary plat shows two separate lots labeled as Lot 7 Block 6, and there is a lot in the center of the development that has no number. The applicant shall make the necessary adjustment to ensure consecutive numbering of all lots in each block. 12. Revise the preliminary plat to indicate the means and location of the storm drainage facilities. A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. Storm water treatment and disposal shall be designed in accordance with Department of Environmental Quality 1997 publication Catalog of Storm Water Best Management Practices for Idaho Cities and Counties and City of Meridian standards and policies. Off-site disposal into a surface water is prohibited unless the jurisdiction which has authority over the receiving stream provides written authorization prior to development plan approval. The applicant is responsible for filing all necessary applications with the Idaho Department of Water Resources regarding Shallow Injection. 13. The landscape plant shows landscaping near the proposed fire hydrants. All fire hydrants shall have a minimum of six feet of clear circumference ii-om mature landscaping and other fixed vertical objects. PRELIMINARY PLAT GENERAL REOUIREMENTS 1. Submit letter from the Ada County Street Name Committee, approving the subdivision and street names. Make any corrections necessary to confonn. 2. Coordinate fire hydrant placement with the City of Meridian Public Works Department. 3. Assessment fees for water and sewer service are determined during the building plan review process. 4. Metal HiIife streetlights of a wattage as approved in Devon Park #2 Subdivision will be required at locations designated by the Public Works Department. All streetlights shall be installed at subdividds expense. Typical locations are at street intersections and/or fire hydrants. 5. Underground, year-round pressurized irrigation must be provided to all landscape areas on site. Please submit hook-up and design details based on the proposed landscaping. Due to the size of landscaped area, primary water supply connection to the City's mains will not be allowed. Applicant shall be required to utilize any existing surface or well water for the primary source. 6. All irrigation ditches, laterals or canals, exclusive of natural watelWays; intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per City Ordinance 12-4-13. The ditches to be piped should be shown on the site plans. Plans will need to be approved by the appropriate irrigation/drainage jurisdiction, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. 7. Show all existing and proposed easements for irrigation/drainage facilities located within the boundaries of this proposed development. 8. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells may be used for non-domestic purposes such as landscape irrigation. 9. Provide five-foot-wide sidewalks throughout development in accordance with City Ordinance. 10. All construction shall conform to the requirements of the Americans with Disabilities Act. 11. Applicant shall be responsible for application and compliance with any NPDES Permitting that may be required by the Environmental Protection Agency. 12. Applicant shall be responsible for application and compliance with any Section 404 Pennitting that may be required by the Anny Corps of Engineers. 13. Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as detennined during the plan review process, prior to signature on the final plat per Resolution 02-374. 14. Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 15. Applicant's engineer shall be required to submit a signed, stamped statement certifying that all street finish centerline elevations are set a minimum of three feet above the highest established normal groundwater elevation. FIRE DEPARTMENT CONDITIONS 1. Acceptance of the water supply for fire protection will be by the Meridian Fire Department and water quality by the Meridian Water Department for bacteria testing. 2. Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 Yz" outlet face the main street or parking lot aisle. b. The Fire hydrant shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works spec. d. Locations with fire hydrants shall have the curb painted red 10' to each side of the hydrant location. e. Fire Hydrants shall be placed on corners when spacing permits. f. Fire hydrants shall not have any vertical obstructions to outlets within 10'. g. Fire hydrants shaH be place 18" above finish grade. h. Fire hydrants shall be provided to meet the requirements of the IFC Section 509.5. 3. All entrance and internal roads shall have a turning radius of 28' inside and 48' outside radius. 4. Provide a 20' wide Fire Lane for all internal roadways all roadways shall be marked in accordance with Appendix D Section D 1 03.6 Signs. 5. For all Fire Lanes, paint the curb red and provide signage "No Parking Fire Lane". 6. Operational fire hydrants, temporary or pennanent street signs and access roads with an all weather surface are required before combustible construction is brought on site. 7. Commercial and office occupancies will require afire-flow consistent with the International Fire Code to service the proposed project. Fire hydrants shall be placed per Appendix D. 8. The 16 office/commercial lots lot will have an unknown transient population and will have an unknown impact on Meridian Fire Department call volumes. The Meridian Fire Department has experienced 2612 responses in the year 2004. According to a report completed by Fire & Emergency Services Consulting Group our requests for service are projected to reach 2800 in the year 2005 and 3800 by the year 2010. 9. Maintain a separation of5' from the building to the dumpster enclosure. 10. Provide a Knoxbox entry system for the complex prior to occupancy. 11. The Fire Dept. has concerns about the ability to address the project and have the addresses visible from the street which the project is addressed off of. Please contact Joe Silva (888-1234) to address this concern prior to the public hearing. 12. All portions of the buildings located on this project must be within 150' of a paved surface as measured around the perimeter of the building. 13. Provide exterior egress lighting as required by the International Building & Fire Codes. 14. Where a portion of the facility or building hereafter constructed or moved into or within the jurisdiction is more than 400 feet (122 m) from a hydrant on a fire apparatus access road, as measured by an approved route around the exterior of the facility or building, on-site fire hydrants and mains shall be provided where required by the code officiaL For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2 the distance requirement shall be 600 feet (183). a. For Group R-3 and Group U occupancies, the distance requirement shall be 600 feet (183 m). b. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2, the distance requirement shall be 600 feet (183 m). CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the Matter of Devon Park Subdivision #3 a request for Preliminary Plat of 16 commercial lots and one common Lot, with a Planned Development, and Conditional Use for a Public/Quasi Public in C-G and R-40 zones by Fairview Lakes LLC. Case No(s). PP-05-018, CUP-05-023 For the City Council Hearing Date of: June 28, 2005 A. Findings of Fact 1. Hearing Facts a. A notice of a public hearing was published for two (2) consecutive weeks prior to the City Council public hearing, the first publication appearing and written notice mailed to property owners or purchasers of record within three hundred feet (300') of the external boundaries of the property. The notice of public hearing before the City Council was posted upon the property under consideration more than one week before said hearing. All other noticing was done consistent with Idaho Code g67- 6509. The matter was duly considered by the City Council at the June 28, 2005, public hearing(s). The applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction of the City of Meridian were given full opportunity to express comments and submit evidence. b. Written and oral testimony was received on this matter, as reflected in the records ofthe City Clerk (for written testimony) and in the official meeting minutes (for oral testimony). c. The Planning and Zoning Commission conducted a public hearing on May 19, 2005 and issued a written recommendation on the subject matter to the City Council. d. The City Council heard and took oral and written testimony and duly considered the evidence and the record in this matter. 2. Process Facts a. There has been compliance with all notice and hearing requirements set forth in Idaho Code g67-6509, 6512, and Meridian City Code gg 11-15-5 and 11-17-5 as evidenced by the Affidavit of Mailing, and the Affidavit of Publication and Proof of Posting filed with the staff report. 3. Application and Property Facts CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). PP-05.018, CUP-05-023 - PAGE I of4 a. In addition to the application and property facts noted in the staffreport and the Planning & Zoning Recommendation for the subject application(s), it is hereby verified that the property owner(s) of record at the time of issuance of these findings are Fairview Lakes LLC. 4. Required Findings per Zoning and Subdivision Ordinance a. See Exhibit C for the findings required for Preliminary Plat/Conditional Use. 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. 967- 6503). 2. The Meridian City Council takes judicial notice of its Zoning, Subdivision and Development Ordinances codified at Titles 11 and 12, 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 August 6,2002, Resolution No. 02-382 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code 9 11-17-9. 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning and Zoning Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Legal Description in Exhibit A, the Preliminary Plat dated February, 2005 as shown in Exhibit B and the Conditions of Approval in Exhibit D. 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 S 12-3-5 and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's Preliminary Plat as evidenced by having submitted the Preliminary Plat dated February, 2005 is hereby conditionally approved; and CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). PP-05-0 18, CUP-05-023 - PAGE 2 of 4 2. The applicants Conditional Use request for a Public/Quasi Public Use and Planned Development is hereby conditionally approved; and 3. The site specific and standard conditions of approval are as shown in Exhibit C. D. Notice of Applicable Time Limits 1. Notice of Twelve (12) Month Preliminary Plat Duration Please take notice that after the date of approval of the preliminary plat, the owner or developer shall have one year within which to file the request for approval of the final plat. After approval of final plat, the owner or developer shall have one year to begin construction of the public utilities and one year thereafter to complete construction of those public facilities. (MCC 12-2-4.B & C.) E. Notice of Final Action and Right to Regulatory Takings Analysis 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. 2. Please take notice that this is a final action ofthe governing body of the City of Meridian, pursuant to Idaho Code S 67-6521 an affected person being a person who has an interest in real property which may be adversely affected by the issuance or denial of the conditional use permit approval 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. Exhibits Exhibit A: Legal Description Exhibit B: Approved Preliminary Plat/Site Plan Exhibit C: Required Findings Exhibit D: Final Conditions of Approval By action of the City Council at its regular meeting held on the </fA/vJ!- ,2005. 2 8 f'~ dayof COUNCIL MEMBER SHAUN WARDLE VOTED ~^-' CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). PP-05-018, CUP-05-023 - PAGE 3 of 4 COUNCIL MEMBER CHRISTINE DONNELL VOTED ~IL- COUNCIL MEMBER CHARLIE ROUNTREE VOTED~ VOTED~ COUNCIL MEMBER KEITH BIRD MAYOR TAMMY de WEERD (TIE BREAKER) VOTED~ and City Attorney. ByJ~~~ City Clerk's Office Dated: \J -30~05 CITY OF M ERrDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). PP-05-0 18, CUP-05-023 - PAGE 4 of 4 EXHIBIT A EXHIBIT "Au Legal Description Boundary -Devon Park Subdivision No.3 A portion of Lot 2, Block 1 of Devon Park Subdivision No.1, recorded in Book 89, at Page 10355 a nd a portion of the Southwest Quarter of the Southeast Quarter of Section 6, Township 3 North, Range 1 East of the Boise Meridian, City of Meridian, Ada County, Idaho, more particularly described as follows: Commencing at the Section corner common to Sections 5, 6, 7 and 8, Township 3 North, Range 1 East, 8.M.; thence along the south line of said Section 6, North 89028'06" West a distance of 2541.06 feet to a brass cap at the quarter corner common to Sections 6 and 7 recorded as Instrument No. 103121926; thence leaving said south line, North 00"20'01" East a distance of 522.39 feet, to the Real Point of Beginning; thence North 00.20'01" East a distance of 453.74 feet to a point; thence South 90"00'00" East a distance of 317.11 Feet to a paint on the Northerly extension of the westerly right-oF-way line of North Lakes Place; thence South 00"00'00" West 268.05 feet along said extension to a point of curve; thence 18.86 feet along the arc of a curve to the right having a radius of 20.00' feet; through a central angle of 54"01'13", the chord of which bears South 27000'36" West 18.16 feet to a point of a reverse curve along said extension of the westerly right-of-way line of North Lakes Place; thence 113.14 feet along the arc of a curve to the left having a radius of 60.00 feet; through a central angle of 108.02'26", the chord of which bears South 00.00'00" East 97.11 feet to a point of reverse curvature along said westerly right-of-way line of North Lakes Place, thence 18.86 feet along the arc of a curve to the right having a radius of 20.00' feet; through a central angle of 54.01'13", the chord of which bears South 27"00'36" East 18.17 feet to a point of tangency along said westerly right-oF-way line of North Lakes:; thence South 00.00'00" East a distance of 56.21 feet; thence leaving said Westerly right-oF-way of North Lakes Place, North 90.00'00" West a distance of 319.76 feet to the Point of Beginning. Said parcel contains 3.26 acres, more or less Project No. 03-150 January 14, 2005 EXHIBIT B Devon Park Subdivision #3 PP-05-018, CUP-05-023 Approved Site Plan Devon Park #3 Exhibit B Devon Park #3 Exhibit B EXHIBIT C Devon Park Subdivision #3 PP-05-018, CDP-05-023 Required Findings for Preliminary Plat/Conditional Use PRELIMINARY PLAT FINDINGS AND REQUIREMENTS Sections 12-3-3 J.2 and 12-3-5 D read as follows: "In determining the acceptance of a proposed subdivision, the Commission/Council shall consider the objectives ofthis title and at least the following: a. The conformance of the subdivision with the Comprehensive Development Plan; Staff finds that the current zoning designation is in general compliance with the effective Comprehensive Plan ('02) and the Future Land Use Map, which designates the land to be "Mixed Use Community." which allows for the commercial and residential mix of uses previously approved within the proposed subdivision. Generally, the Mixed Use designation will provide for a combination of compatible land uses that are typically developed under a master or conceptual plan. The mixed use plan was conceived under CUP-02-014 as Fairview Lakes Office Park. Sample Uses are listed as entertaimnent, clean industry, and major employers. The uses of Office/Retail are similar to the sample uses listed on Page 98 Chapter VII of the Meridian City Comprehensive Plan. The proposed office/retail uses within the subdivision are permissible under the excepted land use provisions of the MCC (12-6-3.) Therefore, Staff finds that the proposed subdivision is in compliance with the Comprehensive Plan. b. The availability of public services to accommodate the proposed development; Staff finds that this development will not cause excessive additional requirements at public cost. The property has existing sewer and water stubs served adequately by all essential public facilities and services through Devon Park Subdivision No. 1 and Devon Park Subdivision No.2. Applicant shall be required to extend water and sanitary sewer mains to and through the proposed development. c. The continuity of the proposed development with the capital improvement program; Staff finds that the subdivision will not conflict with the capital improvement plan. Because the developer is installing sewer, water, utilities and irrigation, the subdivision will not require the expenditure of capital improvement funds. d. The public financial capability of supporting services for the proposed development; Staff finds that the development will not require major expenditures for providing supporting services. See item b. e. The other health, safety or environmental problems that may be brought to the Commission's attention. Staff finds that there should not be any other health, safety or environmental problems associated with this subdivision that should be brought to the Councilor Commission's attention. ACHD considers road safety issues in their analysis. No hazardous natural features have been identified on the site. CONDITIONAL USE FINDINGS AND REOUIREMENTS The Commission and Council shall review the particular facts and circumstances of each proposed conditional use in terms of the following and may approve a conditional use permit if they shall find evidence presented at the hearing(s) is adequate to establish (11- 17-3): A. That the site is large enough to accommodate the proposed use and all yards, open spaces, parking, landscaping and other features as may be required by this ordinance; Staff finds that the subject property is large enough to accommodate the requested use and all other required features as noted above. There are 126 required parking stalls for approximately 31,400 square feet of retail/office space. The applicant is proposing 155 parking stalls on these lots. So, staff concludes that the site is large enough to accommodate the proposed uses. Perimeter landscaping has been approved under the Fairview Lakes/Devon Park Planned development. The applicant has shown the required landscape buffers on the site plan. Internal landscaping will be addressed through Certificate of Zoning Compliance Approval. B. That the proposed use and development plan will be harmonious with the Meridian Comprehensive Plan and in accordance with the requirements of this Ordinance; The CUlTent Comprehensive Plan Land Use Map designates the property as "Mixed Use Community". The Comprehensive Plan text policies of Chapter VII, including the requirement for all development to proceed through a CUP and allowing retail uses, are met with this plan. Staff finds that the proposed commercial/retail use is hannonious with and in accordance with the Comprehensive Plan. As noted in the Findings for File #CUP-03-054, the "Mixed Use-Community" policies (Ch. VII, pg. 98) set a maximum of 200,000 s.f. of non-residential uses per each area with a MU-C designation. If approved, the proposed 31,400 s.f. building will be counted toward this allowable square footage of non-residential uses within the entire Fairview Lakes/Devon Park development. The square footage increase is still under the maximum 200,000 s.f. allowed. C. That the design, construction, operation, and maintenance will be compatible with other uses in the general neighborhood and with the existing or intended character of the general vicinity and that such use will not adversely change the essential character of the same area; Staff finds that the Planning & Zoning Commission and City Council have previously determined the proposed uses and site configuration to be compatible with the general neighborhood. D. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity; Staff does not anticipate that the revised project will have an adverse impact on other properties within the vicinity; however, the Commission and Council should consider any testimony (written and oral) presented at the public hearings before making this finding. To mitigate any potential adverse impact, the applicant must comply with the minimum buffers between land uses widths, as noted in Finding C above. E. That the proposed use will be served adequately by essential public facilities and services such as highways, street, police, and fire protection, drainage structures, refuse disposal, water, sewer or that the person responsible for the establishment of proposed conditional use shall be able to provide adequately any such services; Staff finds that the revised development plans will be adequately served by the essential public facilities and services listed above. The applicant has already received approval for these services as part of previous applications. F. That the proposed use will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community; Staff finds that the proposed use would not be detrimental to the economic welfare of the community, nor would it create the need for any new facilities or services to be paid for by the public that would be considered excessive. The use will actually be a net contributor to the tax base and job base of the City. G. That the proposed use will not involve activities or processes, materials, equipment, and conditions of operation that will be detrimental to any persons, property, or general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; Staff finds that there will be similar levels of traffic and noise in the general vicinity of the revised project when compared to the original project. Staff further finds that approval of the revised project will not lead to a major increase in smoke, fumes, glare, odors or other disturbances that will be considered detrimental to the welfare of the City and the subdivision's neighbors. H. That the proposed use will have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public streets; Staff finds that the proposed use and vehicular approaches will not create significant interference with any traffic on the surrounding public streets. A traffic signal has been approved for the intersection ofN. Lakes Avenue and E. Fairview A ve, which should enhance the movement and circulation of traffic in this area. Please review the ACHD report for this project for additional information regarding this finding. I. That the proposed use will not result in the destruction, loss or damage of a natural, scenic or historic feature considered to be of major importance. Staff does not find that any natural or scenic feature will be lost, damaged or destroyed by issuance of this conditional use. Existing trees greater than 4" caliper must be retained or mitigated for, ifremoved. EXHIBIT D Devon Park Subdivision #3 PP-05-018, CUP-05-023 Site Specific and Standard Comments SPECIAL CONSIDERATIONS-PRELIMINARY PLAT The applicant shall maintain compliance with existing development agreement for the Fairview Lakes Office Park Subdivision, PP-01-002, CUP-02-014 and all applicable conditions of approval for the commercial lots in a mixed use development. PRELIMINARY / FINAL PLAT SITE SPECIFIC COMMENTS 1. Sanitary sewer service to this site will be from service line extensions from existing and proposed mains adjacent to the project. Subdivision designer to coordinate service sizing and routing with the Public Works Department. Applicant shall execute City of Meridian standard forms of easements, for any mains that are required to provide service. 2. Water service to this site will be from main line extensions from existing water mains in Devon Park Subdivision #1 and Devon Park Subdivision #2. The applicant will be responsible to construct water mains to and through this proposed development. Subdivision designer to coordinate main sizing and routing with the Public Works Department. Applicant shall execute City of Meridian standard forms of easements, for any mains that are required to provide service. 3. Per MCC 12-13-10-4, maintain the existing 10-foot wide street buffer along N. Lakes Avenue Drive in compliance with the overall site landscape plan. All required street buffers shall be located beyond any future right-of-way. Show easements for all required buffers on the final plat. The Business Owners Association shall maintain all required landscape buffers. 4. All landscape buffers shall be constructed prior to the issuance of any Certificate of Occupancy within the subdivision. 5. A perpetual vehicular cross access easement shall be provided to all lots within the subdivision. Said cross access shan be depicted on the final plat for Devon Park Subdivision #3. 6. A detailed fencing and landscape plan, in compliance with MCC 12-13, shall be submitted with the final plat application. 7. Any tree over 4" in caliper that is removed from the property shall be replaced by installing additional trees, being the equivalent number of caliper inches of trees that were removed, unless deemed unnecessary by the City Arborist per Ordinance 12-13-13. Required landscaping trees will not be considered as replacement trees for those trees that have to be removed. The applicant shall submit a tree removal/preservation plan at least 10 days prior to the City Council hearing. 8. Add the following plat note: (12) The owner of each lot, across which passes an irrigation/drainage ditch or pipe, is responsible for the maintenance thereof, unless such responsibility has been assumed by an irrigation/drainage jurisdiction. 9. All internal landscaping shall be installed as depicted on approved landscape plans for the individual lots during the Certificate of Zoning Compliance process. 10. The applicant has indicated that Nampa Meridian Irrigation will own and maintain the pressurized irrigation system within this development. Underground vear-round pressurized irrigation must be provided to all lots within this development. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. Applicant shall be required to utilize any existing surface or well water for the primary source. If a surface or well source is not available, a single-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer shall be responsible for the payment of assessments for the common areas prior to signature on the final plat by the Meridian City Engineer. 11. The preliminary plat shows two separate lots labeled as Lot 7 Block 6, and there is a lot in the center of the development that has no number. The applicant shall make the necessary adjustment to ensure consecutive numbering of all lots in each block. 12. Revise the preliminary plat to indicate the means and location of the storm drainage facilities. A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. Storm water treatment and disposal shall be designed in accordance with Department of Environmental Quality 1997 publication Catalog of Storm Water Best Management Practices for Idaho Cities and Counties and City of Meridian standards and policies. Off-site disposal into a surface water is prohibited unless the jurisdiction which has authority over the receiving stream provides written authorization prior to development plan approval. The applicant is responsible for filing all necessary applications with the Idaho Department of Water Resources regarding Shallow Injection. 13. The landscape plant shows landscaping near the proposed fire hydrants. All fire hydrants shall have a minimum of six feet of clear circumference from mature landscaping and other fixed vertical objects. PRELIMINARY PLAT GENERAL REQUIREMENTS 1. Submit letter from the Ada County Street Name Committee, approving the subdivision and street names. Make any corrections necessary to confonn. 2. Coordinate fire hydrant placement with the City of Meridian Public Works Department. 3. Assessment fees for water and sewer service are detennined during the building plan review process. 4. Metal Hilife streetlights of a wattage as approved in Devon Park #2 Subdivision will be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivider1s expense. Typical locations are at street intersections and/or fire hydrants. 5. Underground) year-round pressurized irrigation must be provided to all landscape areas on site. Please submit hook-up and design details based on the proposed landscaping. Due to the size of landscaped area, primary water supply connection to the City's mains will not be allowed. Applicant shall be required to utilize any existing surface or well water for the primary source. 6. All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per City Ordinance 12-4-13. The ditches to be piped should be shown on the site plans. Plans will need to be approved by the appropriate irrigation/drainage jurisdiction, or lateral users association) with written confinnation of said approval submitted to the Public Works Department. 7. Show all existing and proposed easements for irrigation/drainage facilities located within the boundaries ofthis proposed development. 8. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells may be used for non-domestic purposes such as landscape irrigation. 9. Provide five-foot-wide sidewalks throughout development in accordance with City Ordinance. 10. All construction shall confonn to the requirements of the Americans with Disabilities Act. 11. Applicant shall be responsible for application and compliance with any NPDES Pennitting that may be required by the Environmental Protection Agency. 12. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Anny Corps of Engineers. 13. Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to signature on the final plat per Resolution 02-374. 14. Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 15. Applicant's engineer shall be required to submit a signed, stamped statement certifying that all street finish centerline elevations are set a minimum of three feet above the highest established normal groundwater elevation. FIRE DEPARTMENT CONDITIONS 1. Acceptance of the water supply for fire protection will be by the Meridian Fire Department and water quality by the Meridian Water Department for bacteria testing. 2. Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. a, Fire Hydrants shall have the 4 W' outlet face the main street or parking lot aisle. b. The Fire hydrant shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works spec. d. Locations with fire hydrants shall have the curb painted red 10' to each side of the hydrant location. e. Fire Hydrants shall be placed on comers when spacing pennits. f. Fire hydrants shall not have any vertical obstructions to outlets within 10'. g. Fire hydrants shall be place 18" above finish grade. h. Fire hydrants shall be provided to meet the requirements of the IFC Section 509.5. 3. All entrance and internal roads shall have a turning radius of 28' inside and 48' outside radius. 4. Provide a 20' wide Fire Lane for all internal roadways all roadways shall be marked in accordance with Appendix D Section DI03.6 Signs. 5. For all Fire Lanes, paint the curb red and provide signage "No Parking Fire Lane" . 6. Operational fire hydrants, temporary or permanent street signs and access roads with an all weather surface are required before combustible construction is brought on site. 7. Commercial and office occupancies will require a fire-flow consistent with the International Fire Code to service the proposed project. Fire hydrants shall be placed per Appendix D. 8. The 16 office/commercial lots lot will have an unknown transient population and will have an unknown impact on Meridian Fire Department call volumes. The Meridian Fire Department has experienced 2612 responses in the year 2004. According to a report completed by Fire & Emergency Services Consulting Group our requests for service are projected to reach 2800 in the year 2005 and 3800 by the year 2010. 9. Maintain a separation of5' from the building to the dumpster enclosure. 10. Provide a Knoxbox entry system for the complex prior to occupancy. ] ]. The Fire Dept. has concerns about the ability to address the project and have the addresses visible from the street which the project is addressed off of. Please contact Joe Silva (888-1234) to address this concern prior to the public hearing. 12. All portions of the buildings located on this project must be within 150' of a paved surface as measured around the perimeter of the building. 13. Provide exterior egress lighting as required by the International Building & Fire Codes. 14. Where a portion of the facility or building hereafter constructed or moved into or within the jurisdiction is more than 400 feet (122 m) from a hydrant on a fire apparatus access road, as measured by an approved route around the exterior of the facility or building, on-site fire hydrants and mains shall be provided where required by the code officiaL For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3 .1.1 or 903.3 .1.2 the distance requirement shall be 600 feet (183). a. For Group R-3 and Group U occupancies, the distance requirement shall be 600 feet (183 m). b. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2, the distance requirement shall be 600 feet (183 m). CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the Matter of Preliminary Plat Approval of Twelve (12) building lots on 4.31 acres in a L-O Zone and Detailed Conditional Use Permit (CUP) Approval for Twelve (12) Office Buildings with reductions to the minimum requirements for street frontage and building setbacks in a L-O zone, for Julie Subdivision, by Paramount Development, Inc. Case No(s). PP-05-011, CUP-05-013 For the City Council Hearing Date of: June 28, 2005 A. Findings of Fact 1. Hearing Facts a. A notice of a public hearing was published for two (2) consecutive weeks prior to the City Council public hearing, the first publication appearing and written notice mailed to property owners or purchasers of record within three hundred feet (300') of the external boundaries of the property. The notice of public hearing before the City Council was posted upon the property under consideration more than one week before said hearing. All other noticing was done consistent with Idaho Code 967- 6509. The matter was duly considered by the City Council at the June 28, 2005, public hearing(s). The applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction of the City of Meridian were given full opportunity to express comments and submit evidence. b. Written and oral testimony was received on this matter, as reflected in the records ofllie City Clerk (for written testimony) and in the official meeting minutes (for oral testimony). c. The Planning and Zoning Commission conducted public hearings and issued a written recommendation on the subject matter to the City Council. d. The City Council heard and took oral and written testimony and duly considered the evidence and the record in this matter. 2. Process Facts a. There has been compliance with all notice and hearing requirements set forth in Idaho Code 967-6509, 6512, and Meridian City Code S9 11-15-5 and 11-17-5 as evidenced by the Affidavit of Mailing, and the Affidavit of Publication and Proof of Posting filed with the staff report. 3. Application and Property Facts CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). PP-05-011, CUP-05-013 - PAGE I of4 a. In addition to the application and property facts noted in the staff report and the Planning & Zoning Recommendation for the subject application(s), it is hereby verified that the property owner(s) of record at the time of issuance ofthese findings is Paramount Development. 4. Required Findings per Zoning and Subdivision Ordinance a. See Exhibit D for the findings required for Preliminary Plat/Conditional Use. 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 Zoning, Subdivision and Development Ordinances codified at Titles 11 and 12, 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 August 6, 2002, Resolution No. 02-382 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code ~ 11-17-9. 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning and Zoning Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Legal Description in Exhibit A, the Preliminary Plat/ Site Plan as shown in Exhibit B and the Conditions of Approval in Exhibit D. 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 ~ 12-3-5 and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's Preliminary Plat as evidenced by having submitted the Preliminary Plat dated June 17,2005 is hereby conditionally approved; and CITY OF MERIDIAN FINDrNGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). PP-05-0 11, CUP-05-0 13 - PAGE 2 of 4 2. The applicants Conditional Use request is hereby conditionally approved; and 3. The site specific and standard conditions of approval are as shown in Exhibit C. D. Notice of Applicable Time Limits 1. Notice of Twelve (12) Month Preliminary Plat Duration Please take notice that after the date of approval of the preliminary plat, the owner or developer shall have one year within which to file the request for approval of the final plat. After approval of final plat, the owner or developer shall have one year to begin construction of the public utilities and one year thereafter to complete construction of those public facilities. (MCC 12-2-4.B & C.) E. Notice of Final Action and Right to Regulatory Takings Analysis 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. 2. Please take notice that this is a final action ofthe governing body ofthe City of Meridian, pursuant to Idaho Code ~ 67-6521 an affected person being a person who has an interest in real property which may be adversely affected by the issuance or denial of the conditional use permit approval may within twenty-eight (28) days after the date of this decision and order seek ajudicial review as provided by Chapter 52, Title 67, Idaho Code. F. Exhibits Exhibit A: Legal Description Exhibit B: Approved Preliminary Plat/Site Plan Exhibit C: Conditions of Approval Exhibit D: Required Findings for Preliminary Plat/Conditional Use Permit By action of the City Council at its regular meeting held on the 2 g i!:::- day of G-Jjr/}/\ e ,2005. COUNCIL MEMBER SHAUN WARDLE VOTED~A./ VOTED~A/ COUNCIL MEMBER CHRISTINE DONNELL CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). PP-05-011, CUP-05-0l3 - PAGE 3 of4 COUNCIL MEMBER CHARLIE ROUNTREE VOTED ~/f....; COUNCIL MEMBER KEITH BIRD VOTED~ MAYOR TAMMY de WEERD (TIE BREAKER) VOTED--=- and City Attorney. ~ By~ . ~Vl1Y\"-AJ\ 0 0 rYU City Clerk's Office Dated: (b.- -:>C1-()C::; CITY OF MERJDlAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). PP-OS-OII, CUP-OS-Ol3 - PAGE 4 of4 EXHIBIT A Julie Subdivision PP-OS-Oll, CUP-OS-013 Legal Description Engineering North West, LLC 423 N, Ances!or Place. Suite 180 Boise, Idaho 83704 (208) 376-5000 . Fax (208) 376-5556 Project No. 04-041-00 Date: February 4, 2005 JULIE SUBDIVISION FINAL PLAT DESCRIPTION A parcel of land located in the SW 114 of the NW 114 of Section 25, T. 4 N., R. I W., 8.M., Meridian, Ada County, Idaho, more pal1icuJarly described as follows: Commencing at the section comer common to Sections 23, 24,25 and 26 of said T.4 N., R. I W.; Thence South 00"55'15" West, 2657.66 feet on the section line common to said Sections 2S and 26 to the tf4 section comer common to said Sections 25 and 26; Thence North 00"55' 15"East, [97.50 feet on the section line common to said Sections 25 and 26 to the northwest comer of Paramount Subdivision No.1, as same is shown on the Plat thereof recorded in Book 88 of Plats at Page 10163 of Ada County Records, said point being the REAL POINT OF m~GlNNING; Thence continuing North 00"55' 15" East, 466.91 feet on said section line; Thence leaving said section line, Soulh 89"25'53" East, 401.00 feet (formerly described as North 89"38'46" East) on Ihe southerly boundary line of that property shown on Record-of- Survey Number 6587 of Ada COUnty Records 10 a point on the westerly boundary line of Lot 3, Block 4 of said Paramount Subdivision No.1; Thence leaving said southerly boundary line, South 00"55' IS" West, 489.56 feet on the westerly boundary line of said Lot 3 to a point of curve on the northerly boundary line of Lot 2, Block 4 of said Subdivision; Thence 95.23 feet on Ihe arc of a curve to Ihe left, said curve having a radius of 195.00 feet, a central angle of 27"58'55" and a chord distance of 94.29 feet which bears North 75"27'41" West on said northerly boundary line of LOI2; Thence North 89"27'08" West, 309.36 feet on said northerly boundary line of Lot 2 to the real point ofbegmning. Said parcel contains 4.31 acres more or less. PREPARED BY: Engineering NorthWest, LLC James R. Washburn, PLS -..(!..-4:._~).- <>: o. =~~ =d~ ~Zc.: ~S~ =~u) .IIIII=:JN ~~g~ __6~9 ~ ".IIIII~~~ ~ z=<>:05 ~~ ~=~.z82~e ~.~~~~i~ l1.~:x:w.. :g'" E-g~~ tI, l';....Ju.i5 ~ .~~~ =6 ~ ~~~ ~OI == t:5 ~ g ~ ~ EXHIBIT B Julie Subdivision PP-05-011, CUP-05-013 Preliminary Plat! Site Plan ~ ii i ~ ~ ~ !i ~ ~ i iHH ~ I I: III . , I ~ : : (3 i ; : i Iii Iii I;i II.ft Ii Iii w EXHIBIT C Julie Subdivision PP-05-011, CUP-05-013 Conditions of Approval SITE SPECIFIC CONDITIONS- PRELIMINARY PLAT 1. All conditions of the previously approved Development Agreement, Paramount Subdivision (AZ-03-006, CUP-03-008), and the current Conditional Use Permit (CUP-OS-Ol3) application shall also be considered conditions of the Preliminary Plat (PP-05-011). 2. With the submittal of the final plat application, the applicant shall submit a copy of the Ada County Street Name Committee's final approval letter for the subdivision name, and lot and block numbering. Make any other corrections necessary to conform. 3. Submit 10 copies of a revised site plan and landscape plan in conformance with this report and the direction of the Planning & Zoning Commission at least 10 days prior to the City Council hearing on this application. 4. All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per MCC 12-4-13. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or non-approval submitted to the Public Works Department. If lateral users association approval cannot be obtained, plans will be reviewed and approved by the City Engineer prior to final plat signature. 5. City sewer and water services are currently available to this site through stubs from existing mains in W. Cayuse Creek Drive and Linder Road. The applicant will be responsible to construct sewer mains to and through this proposed development. Subdivision designer to coordinate main sizing and routing with the Public Works Department. Applicant shall execute City of Meridian standard forms of easements, for any mains that are required to provide service. Cover over sanitary sewer mains shall be no less than 3-feet from finish grade to the top of the pipe. If cover is less than 3-feet from the sub-grade to the top of pipe, alternate pipe materials shall be used per the Meridian Public Works Department's Standard Specifications. 6. Revise the preliminary plat to graphically depict utility easements for the City of Meridian's sewer and water mains in this development. 7. Revise the following notes on the face ofthe preliminary plat 5.) Revise as follows: "subsurface infiltration facilities as approved by tfte-.G.i.t.y-e MefidiaR-ACHD. 8. Revise the preliminary plat to show the means and location of the storm drain facilities. A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. Storm water treatment and disposal must be designed in accordance with Department of Environmental Quality 1997 publication Catalog of Storm Water Best Management Practices for Idaho Cities and Counties and City of Meridian standards and policies. Off-site disposal into surface water is prohibited unless the jurisdiction which has authority over the receiving stream provides written authorization prior to development plan approval. The applicant is responsible for filing all necessary applications with the Idaho Department of Water Resources regarding Shallow Injection Wells. 9. Underground vear-round pressurized irrigation must be provided to all lots within this development. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. If the pressurized irrigation system within this development is to remain a private homeowners' association system, complete plans and specifications shall be reviewed by the Public Works Department as part of the development plan review process. A draft copy of the pressurized irrigation system O&M manual shall be submitted prior to plan approval. The applicant shall be required to utilize any existing surface or well water for the primary source. If a surface or well source is not available, a single- point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer shall be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. 10. If permanent fencing is not provided, temporary construction fencing to contain debris must be installed around the perimeter adjacent to the vacant lands prior to issuance of a building permit. 11. Direct lot access to Linder Road is prohibited. 12. The applicant shall create a 35-foot common lot, which shall be owned and maintained by the Business Owner's Association, along Linder Road for the required landscape buffer which lies to the east of the required future right-of-way lot. The applicant shall be required to reconfigure the proposed buildings to move them outside of the required street buffer and submit plans showing the revisions prior to the City Council hearing. 13. The applicant shall construct a minimum 5' sidewalk along Linder Road, located a minimum of 41-feet (41') from the centerline of the right of way which ties into the existing sidewalk on the south. 14. The applicant shall be required to place the additional 23 feet of future right-of- way along Linder Road in a separate common lot, which shall be owned and maintained by the Business Owner's Association and said lot shall be in addition to the common lot for the required 35-foot street buffer 15. The applicant shall establish a Business Owner's Association for the ownership and maintenance ofthe common lots. STANDARD CONDITIONS- PRELIMINARY PLAT 1. All grading of the site shall be performed in conformance with MCC 11-l2-3H. 2. A detailed landscape plan, in compliance with the landscape and subdivision ordinance and as noted in this report, shall be submitted for the subdivision with the final plat application. 3. All storm and drainage water shall be retained on site. A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557,10-1-91) for all off-street parking areas. Storm water treatment and disposal must be designed in accordance with Department of Environmental Quality 1997 publication Catalog of Storm Water Best Management Practices for Idaho Cities and Counties and City of Meridian standards and policies. Off-site disposal into surface water is prohibited unless the jurisdiction which has authority over the receiving stream provides written authorization prior to development plan approvaL The applicant is responsible for filing all necessary applications with the Idaho Department of Water Resources regarding Shallow Injection Wells. 4. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 5. Applicant shall be responsible for application and compliance with and NPDES Permitting that may be required by the Environmental Protection Agency. 6. All development features shall comply with the Americans with Disabilities Act and the Fair Housing Act. 7. Coordinate fire hydrant placement with the City of Meridian Public Works Department. 8. Two-hundred-fiftyand one-hundred-watt, high-pressure sodium streetlights will be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivider1s expense. Typical locations are at street intersections and/or fire hydrants. Final design locations and quantity are determined after power designs are completed by Idaho Power Company. The street light contractor shall obtain design and permit from the Public Works Department prior commencing installations. 9. Any tree over 4" in caliper that is removed from the property shall be replaced by installing additional trees, being the equivalent number of caliper inches of trees that were removed. Required landscaping trees will not be considered as replacement trees for those trees that have to be mitigated. 10. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells may be used for non-domestic purposes such as landscape irrigation. II. Applicant's engineer will be required to submit a signed, stamped statement certifying that all street finish centerline elevations are set a minimum of three feet above the highest established normal groundwater elevation. 12. The applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to signature on the final plat per Resolution 02-374. 13. Prior to signature of the final plates) by the City Engineer, a letter of credit or cash surety in the amount of 110% will be required for all fencing, landscaping, pressurized irrigation, sanitary sewer, water, etc. that has not been completed. 14. All development improvements, including sewer, fencing, micro-paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy. 15. Street signs are to be in place, water system shall be approved and activated, fencing installed, drainage lots constructed, road base approved by the Ada County Highway District and the Pinal Plat for this subdivision shall be recorded, prior to applying for building permits. 16. All sidewalks shall be constructed in accordance with MCC 12-5-2.K. Prior to signature of the final plat(s), all sidewalks shall be constructed or a financial guarantee that said improvements will be completed shall be provided (MCC 12- 5-3). 17. Please submit groundwater/soils monitoring data, as collected and analyzed by a soils scientist, to the Public Works Department for review. Any drainage areas (detention/retention basins) must be designed to ensure that water will percolate or discharge with a period of time not to exceed 24-hours for all storms up to and including a IOO-year storm events. Side slopes within drainage areas shall not exceed 3: 1. Any portion of a drainage area not improved with sod/grass seed (or other approved landscaping) shall not count towards the required open space area. The project engineer should pay close attention to the results of field studies determining the groundwater, soil type & and characteristics during the design and construction phases. The engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established normal groundwater elevation. 18. The Applicant shall coordinate mailbox locations with the Meridian Post Office. 19. Compaction test results must be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 20. Staff's failure to cite specific ordinance provisions or terms of the approved annexation/conditional use does not relieve the Applicant of responsibility for compliance. 21. Preliminary plat approval shall be subject to the expiration provisions set forth in MCC 12-2-4. SITE SPECIFIC CONDITIONS- CONDITIONAL USE PERMIT 1. All conditions of the previously approved Development Agreement, Paramount Subdivision (AZ-03-006, CUP-03-008), and the current Preliminary Plat (PP- 05-011) application shall also be considered conditions of the Conditional Use Permit (PP-OS-013). 2. Submit 10 copies of a revised site plan and landscape plan in conformance with this report and the direction of the Planning & Zoning Commission at least 10 days prior to the next hearing on this application. 3. A minimum 20-foot wide reaf building setback shall be maintained to the north property line on Lots 11 and 12. Reduced rear setbacks on Lots 1-10 are approved per the submitted Planned Development site plan dated February 2005. 4. The only uses allowed in the proposed development shall be those fOf the L-O zone contained in the Zoning Schedule of Use Control (MCC 11-8-1). 5. The 90-degree parking stalls are approved as 18-feet long with 6-foot sidewalks directly adjacent, adjacent to a 25-foot wide drive aisle. The applicant shall be required to install wheel blocks that prevent vehicles from overhanging more than one foot onto the adjacent sidewalk. All parking and areas of circulation should be paved, striped, and meet the minimum dimensional requirements of Meridian City Code. All landscape areas adjacent to driveways, parking lots, or other vehicle use areas, must be protected by curbing, wheel stops, or other approved protective devices. Curbing may be cut to allow for storm water runoff. 6. The construction ofthe proposed office buildings shall substantially comply with the undated elevations on file with the City. Construction materials used on the structures shall be approved by City of Meridian Building Department and be in accordance with the most recent Uniform Building Code. If any significant modification(s) to the approved architectural design features and/or materials, as determined by the Planning Director, are requested for building(s) in the future, the property owner shall be required to submit a CUP modification. 7. No signs are approved with this CUP. AU signage shall be in accordance with the standards set forth in Section 11-14 of the City Zoning and Development Ordinance. All signage is subject to design review and shall require separate permits. Temporary or portable signs shall be prohibited, and will be removed upon three (3) days notice to the applicant. STANDARD CONDITIONS- CONDITIONAL USE PERMIT 1. Down-shield or otherwise alter all exterior lighting, whether attached to the building or located within the parking area, so that the light does not spill over onto adjacent properties or rights-of-way. All parking lot lighting shall be in accordance with Ordinance 11-14-4.C. 2. All building and site improvement construction shall conform to the requirements of the Americans with Disabilities Act. 3. Submit a drainage plan designed by a State ofIdaho licensed architect or engineer to the City Engineer (Ord.557, 10-1-91) for all off-street parking areas. Stormwater treatment and disposal must be designed in accordance with Department of Environmental Quality 1997 publication Catalog of Storm Water Best Management Practices for Idaho Cities and Counties and City of Meridian standards and policies. Off-site disposal into a surface water is prohibited unless the jurisdiction which has authority over the receiving stream provides written authorization prior to development plan approvaL The applicant is responsible for filing all necessary applications with the Idaho Department of Water Resources regarding Shallow Injection Wells. 4. No building or other structure shall be erected, moved, added to or structurally altered, nor shall any building structure or land be established or change in use on this site without first obtaining a Certificate of Zoning Compliance (CZC) from the Meridian Planning and Zoning Department (MCC 11-19-1). 5. A building permit shall be obtained prior to the start of construction. 6. All required improvements must be complete prior to obtaining a Certificate of Occupancy for the proposed development. A temporary Certificate of Occupancy may be obtained by providing surety to the City in the form of a letter of credit or cash in the amount of 110% of the cost of the required improvements (including paving, striping, landscaping, and irrigation). A bid must accompany any request for temporary occupancy. Any temporary occupancy will not exceed 60 days to complete the required improvements. 7. This Conditional Use Permit shall be valid for a maximum period of 18 months. If construction on the first phaselbuilding has not begun within this timeframe, a new Conditional Use Pennit must be obtained prior to the start of development. 8. As part of a Conditional Use Permit, the City of Meridian may impose additional restrictions/conditions. Other Al!encv/Deoartment Comments & Conditions SANITARY SERVICES COMPANY (SSC) 1. Waste enclosure locations: There is a concern that the enclosures are not located to minimize service vehicle backing-up requirements. Large waste vehicles have blind spots when backing up is required. 98% of waste vehicle accidents occur when backing-up. Please contact Bill Gregory at SSC (888-3999) to discuss this matter prior to the next public hearing. 2. Please contact Bill Gregory at SSC (888-3999) for detailed review of your proposal and submit stamped (approved) plans with your certificate of zoning compliance application. MERIDIAN PARKS DEPARTMENT 1. The Parks Department has no concerns with the site design as submitted with the application. MERIDIAN FIRE DEPARTMENT 1. Acceptance of the water supply for fire protection will be by the Meridian Fire Department and water quality by the Meridian Water Department for bacteria testing. 2. Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 W' outlet face the main street or parking lot aisle. b. The Fire hydrant shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works spec. d. Locations with fire hydrants shall have the curb painted red 10' to each side ofthe hydrant location. e. Fire Hydrants shall be placed on comers when spacing permits. f. Fire hydrants shall not have any vertical obstructions to outlets within 10'. g. Fire hydrants shall be place 18" above finish grade. h. Fire hydrants shall be provided to meet the requirements of the IFC Section 509.5. 3. All entrance and internal roads shall have a turning radius of 28' inside and 48' outside radius. 4. Provide a 20' wide Fire Lane for all internal roadways all roadways shall be marked in accordance with Appendix D Section D103.6 Signs. 5. Fire lanes and streets shall have a vertical clearance of 13 '6". This includes mature landscaping. 6. Operational fire hydrants, temporary or permanent street signs and access roads with an all weather surface are required before combustible construction is brought on site. 7. Commercial and office occupancies will require a fire-flow consistent with the International Fire Code to service the proposed project. Fire hydrants shall be placed per Appendix D. 8. The 12 office/commercial lots lot will have an unknown transient population and will have an unknown impact on Meridian Fire Department call volumes. The Meridian Fire Department has experienced 2397 responses in the year 2003. According to a report completed by Fire & Emergency Services Consulting Group our requests for service are projected to reach 2800 in the year 2005 and 3800 by the year 2010. 9. The proposed project lies outside the five-minute response zone goal. Achievement of this goal is subject to budgetary constraints and is intended to enhance the probability of a favorable outcome on a request for Basic Life Support. The budget constraints are typically defined as capital outlay for facilities that are located within 1.5 miles from a given location and sufficient operational funds to staffthe facilities. 10. Maintain a separation of 5' from the building to the dumpster enclosure. 11. Provide a Knoxbox entry system for the complex prior to occupancy. 12. The applicant shall work with city staff to provide an address identification plan including a pylon/monument sign at the required intersection(s). 13. All aspects of the building systems (including exiting systems), processes & storage practices shall be required to comply with the International Fire Code. 14. Provide exterior egress lighting as required by the International Building & Fire Codes. 15. Where a portion of the facility or building hereafter constructed or moved into or within the jurisdiction is more than 400 feet (122 m) from a hydrant on a fire apparatus access road, as measured by an approved route around the exterior of the facility or building, on-site fire hydrants and mains shall be provided where required by the code official. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2 the distance requirement shall be 600 feet (183). a. For Group R-3 and Group U occupancies, the distance requirement shall be 600 feet (183 m). b. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2, the distance requirement shall be 600 feet (183 m). 16. There shall be a fire hydrant within 100' of all fire department connections. EXHIBIT D Julie Subdivision PP-05-011, CUP-05-013 Required Findings PRELIMINARY PLAT ANALYSIS Sections 12-3-3.J.2 and 12-3-5.D of Meridian City Code read as follows: In determining the acceptance of a proposed subdivision, the Commission/Council shall consider the objectives of this title and at least the following: A. The conformance of the subdivision with the Comprehensive Development Plan; This site is designated as "Medium Density Residential" on the Comprehensive Plan Future Land Use Map and zoned L-O. The L-O zoning was granted to the property through a "Use Exception" that was approved as part of the Planned Development for Paramount Subdivision. The Applicant has requested modifications to the standard setbacks and frontage requirements of the L-O zone. Please see Conditional Use Permit Analysis below for further assessment of the proposed development and associated deviations from development standards. City Council finds the following Goals, Objectives, and Action items contained in the 2002 Comprehensive Plan to be applicable to this application (staff analysis is in italics below policy): "Restrict curb cuts and access points on collectors and arterial streets." (Chapter VII, Goal IV, Objective D, Action item 2) The Ada County Highway District previously approved the existing approach to W Cayuse Creek Drive. The Applicant is not proposing any new curb cuts with the subject development. "Locate small scale neighborhood commercial areas within planned residential developments as part of the development plan." (Chapter VII, Goal I, Objective B, Action item 3) "Locate new community commercial areas on arterials or collectors near residential areas in such a way as to complement with adjoining residential areas." (Chapter VII, Goal I, Objective B, Action item 5) The subject property was identified in the Planned Development CUP for Paramount Subdivision as "Village Mixed-Use Center: Linder Road" and is adjacent to Linder Road, an arterial roadway. City Council finds that if the Commission and Council grant the Applicant the requested modifications with the CUP/PD, and the Applicant complies with the conditions included in this report, the lot configuration and overall design of the subdivision would be in general confonnance with the City of Meridian Comprehensive Plan. B. The availability of public services to accommodate the proposed development; The subject site has adequate access to Linder Road via W. Cayuse Creek Drive. The City of Meridian Fire and Police Departments currently monitor, service, and protect the subject neighborhood. Sanitary Services Company currently provides refuse service to surrounding properties. City sewer and water services are currently available to this site through stubs from existing mains in W. Cayuse Creek Drive and Linder Road. The applicant will be responsible to construct sewer mains to and through this proposed development. Subdivision designer to coordinate main sizing and routing with the Public Works Department. Applicant shall execute City of Meridian standard forms of easements, for any mains that are required to provide service. Cover over sanitary sewer mains shall be no less than 3-feet from finish grade to the top of the pipe. If cover is less than 3-feet from the sub-grade to the top of pipe, alternate pipe materials shall be used per the Meridian Public Works Department's Standard Specifications. On March 25, 2005, a joint agency/department comments meeting was held with representatives of key service providers to this property. All of the detailed conditions from the Meridian Police Department, Meridian Fire Department, and other agencies/departments are at the end of this report. City Council finds that the subject property can be served adequately by all essential public facilities and City services. C. The continuity of the proposed development with the capital improvement program; Because the developer is installing sewer, water, utilities and inigation, for the development at their cost, City Council finds that the subdivision will not conflict with the capital improvement program. D. The public financial capability of supporting services for the proposed development; City Council finds that the City and its related services are capable of servicing the proposed development. The development will not require major expenditures for providing supporting services. E. The other health, safety or environmental problems that may be brought to the Commission's attention. City Council is not aware of any natural, scenic or historic features in the general vicinity of this project. Staff finds that no site improvements associated with the application should damage natural, scenic or historic features in the area. STANDARDS FOR CONDITIONAL USES The Commission and Council shall review the particular facts and circumstances of each proposed conditional use in terms of the following and may approve a conditional use permit if they find evidence presented at the hearing(s) is adequate to establish (11-17-3): A. That the site is large enough to accommodate the proposed use and aU yards, open spaces, parking, landscaping and other features as may be required by this ordinance; The submitted site plan depicts 162 on-site parking stalls. MCC 11-13-5.B.2 requires office uses to provide one on-site parking space for every 400 square-feet of building (gross). Per this requirement, the applicant would be required to provide 104 parking stalls (41,760 s.fbuilding/400 = 104 stalls) on the property. MCC 11-13-3.A requires off-street parking facilities to be designed with appropriate means of vehicular access to a street or alley, in a manner which will least interfere with traffic movement. MCC 11-13-4.0 requires all off-street parking areas to be paved. MCC 11-13-3 requires parking spaces to be within 300-feet of the use served. MCC 11-13-4.F requires 90-degree parking stalls to be 9-feet wide and 19-feet long with a 25-foot wide drive aisle. The applicant has depicted 18-foot long parking stalls with 6-foot sidewalks, allowing for I-foot of vehicle overhang. This is an acceptable alternative to 19-foot stalls with 5-foot sidewalks, provided the applicant be required to install wheel blocks to prevent vehicles from overhanging the sidewalk more than one foot. Staff finds that the applicant has shown enough parking to accommodate the proposed office uses and that the parking as shown on the site plan complies with MCC. The applicant has requested, and shown on the site plan, a lO-foot rear setback for the proposed office buildings on Lots 11 and 12 as part of the detailed CUP approval. A 20-foot rear setback is required in the L-Q zone (MCC 11-9-1), but setbacks can be modified through the Planned development process, excluding those on the periphery on the Planned Development. MCC 12-6-2.A.5 states: "Setbacks: Along the oerioherv of the olanned deve100ment the aoolicable setbacks as established bv the zoning district in which the oroiect resides shall not be reduced." Requirements of the Planned Development ordinance cannot be waived or modified through the Planned Development CUP process; therefore, the applicant shall be required to modify the site plan to show a 20-foot rear setback on Lots 11 and 12 along the north property line. See Site Specific Condition #3 below. The developer of Paramount Subdivision installed the required landscaping adjacent to W. Cayuse Creek Drive, and that landscaping currently exists adjacent to this site. The applicant is required to provide additional landscaping within the parking areas and a 25-foot landscaped street buffer along Linder Road. The applicant has shown on the plans a proposed 25-foot landscape buffer, which lies within an area, denoted as "Future Right of Way" on the Preliminary Plat. MCC 12-13-10-2 requires that "All street buffers shall be located beyond any street right of way and shall be maintained by the property owner upon which the buffer lies." The applicant shall be required to: 1. Place the Future Right of Way in a separate platted lot in the subdivision (See Preliminary Plat Site Specific Condition #9); 2. Provide the required landscape buffer outside of the Future Right of Way lot (See Preliminary Plat Site Specific Condition #8). City Council finds that the site is large enough to accommodate the proposed uses and all yards (setbacks), open spaces, parking, landscaping and other features required by ordinance. B. That the proposed use and development plan will be harmonious with the Meridian Comprehensive Plan and in accordance with the requirements of this Ordinance; This site is designated as "Medium Density Residential" on the Comprehensive Plan Future Land Use Map and zoned L-O. The L-O zoning was granted to the property through a "Use Exception" that was approved as part of the Plmmed Development for Paramount Subdivision. The applicant stated in the February 14, 2005, application letter that "The uses will provide services (medical, dental, optical, neighborhood retail, etc.) that will be complementary to the residents of the surrounding area." Staff finds that the orevious aooroval for the Planned Develooment did not anorove retail uses in this L-O zone and that retail uses are not allowed in the L-O zone oer the Zonin!! Schedule of Use Control contained in MCC 11-8-1. The Development Agreement for Paramount Subdivision specifically states: "Uses Permitted By This Agreement: 4.1: The uses allowed pursuant to this Agreement are only those uses allowed under "City's" Zoning Ordinance codified at Meridian City Code Section 11-7-2 (D, F, G, and K) which are herein specified as follows: Construction and development of a planned development consisting of764 single-family building lots, 73 townhouse lots, 270 apartments, 4 mixed-use areas with approximately 577,606 s.f. of office and retail space, and 32 common lots on 392.17 acres in proposed R-8, R-40, L-O and C-G zones." Staff finds that only uses permitted in the L-O zone shall be allowed in the proposed development. See Site Specific Condition #4 below. City Council finds that if the applicant complies with the conditions included in this report, the building configurations and overall design of the development would be in general conformance with the City of Meridian Comprehensive Plan and will be in general conformance with the requirements of the Zoning Ordinance. Further, City Council finds that the development plan is consistent with the recorded zoning resolution, development agreement, and previous development approvals granted by the City for this site. C. That the design, construction, operation, and maintenance will be compatible with other uses in the general neighborhood and with the existing or intended character of the general vicinity and that such use will not adversely change the essential character of the same area; City Council finds that the proposed office buildings should be compatible with other uses in the neighborhood and with the intended character of the general vicinity, which includes a mix of residential, commercial, office, and school uses. D. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity; City Council does not anticipate that the proposed use will have an adverse affect on other property in the vicinity if designed, constructed, operated and maintained in accordance with the Site Specific and General Conditions of approval. E. That the proposed use will be served adequately by essential public facilities and services such as highways, street, police, and fire protection, drainage structures, refuse disposal, water, sewer or that the person responsible for the establishment of proposed conditional use shall be able to provide adequately any such services; The subject site has adequate access to Linder Road via W. Cayuse Creek Drive. The City of Meridian Fire and Police Departments currently monitor, service, and protect the subject neighborhood. Sanitary Services Company currently provides refuse service to surrounding properties City sewer and water services are currently available to this site through stubs from existing mains in W. Cayuse Creek Drive and Linder Road. The applicant will be responsible to construct sewer mains to and through this proposed development. Subdivision designer to coordinate main sizing and routing with the Public Works Department. Applicant shall execute City of Meridian standard forms of easements, for any mains that are required to provide service. Cover over sanitary sewer mains shall be no less than 3-feet from finish grade to the top of the pipe. If cover is less than 3-feet from the sub-grade to the top of pipe, alternate pipe materials shall be used per the Meridian Public Works Department's Standard Specifications. On March 25, 2005, a joint agency/department comments meeting was held with representatives of key service providers to this property. All of the detailed conditions from the Meridian Police Department, Meridian Fire Department, and other agencies/departments are at the end of this report. City Council finds that the subject property can be served adequately by all essential public facilities and City services. F. That the proposed use will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community; The developer will be required to finance the extension of sewer, water, utilities and pressurized irrigation to serve the project. The primary public costs to serve the site will be fire and police services. City Council finds there will not be excessive additional requirements at public cost and that the proposed use will not be detrimental to the community's economic welfare. G. That the proposed use will not involve activities or processes, materials~ equipment~ and conditions of operation that will be detrimental to any persons, property, or general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; City Council does not anticipate that the proposed uses, will be detrimental to the general welfare of the community by means of producing excessive traffic, noise, smoke, fumes, glare or odors generated by the proposed uses. H. That the proposed use will have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public streets; The applicant is not proposing to construct any new vehicular approaches int%ut of the property. ACHD considers vehicular approaches in their analysis of projects and has previously approved the access points for this parceL The applicant is proposing to utilize the previously approved access point to W. Cayuse Creek Drive. Staff finds that the proposed use and associated approaches will not create interference with any traffic on the surrounding public streets. I. That the proposed use will not result in the destruction, loss or damage of a natural, scenic or historic feature considered to be of major importance. City Council is not aware of any natural, scenic or historic features in the general vicinity of this project. Staff finds that no site improvements associated with the application should damage natural, scenic or historic features in the area. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the Matter of a Request for Conditional Use Permit Approval for a Planned Development Consisting of Two (2) Four-plexes and One (1) Tri-plex with Reductions to Building Setback Requirements, Lot Size and Lot Frontage in the R-15 Zone, by Pinnacle Engineers, Inc. Case No(s): CUP-05-025 For the City Council Hearing Date of: June 28, 2005 A. Findings of Fact 1. Hearing Facts a. A notice of a public hearing was published for two (2) consecutive weeks prior to the City Council public hearing, the first publication appearing and written notice mailed to property owners or purchasers of record within three hundred feet (300') of the external boundaries of the property. The notice of public hearing before the City Council was posted upon the property under consideration more than one week before said hearing. All other noticing was done consistent with Idaho Code g67- 6509. The matter was duly considered by the City Council at the June 28, 2005, public hearing(s). The applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction of the City of Meridian were given full opportunity to express comments and submit evidence. b. Written and oral testimony was received on this matter, as reflected in the records of the City Clerk (for written testimony) and in the official meeting minutes (for oral testimony). c. The Planning and Zoning Commission conducted a public hearing and issued a written recommendation on the subject matter to the City Council. d. The City Council heard and took oral and written testimony and duly considered the evidence and the record in this matter. 2. Process Facts a. There has been compliance with all notice and hearing requirements set forth in Idaho Code g67-6509, 6512, and Meridian City Code gg 11-15-5 and 11-17-5 as evidenced by the Affidavit of Mailing, and the Affidavit of Publication and Proof of Posting filed with the staff report. 3. Application and Property Facts CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). CUP-05-025 - PAGE 1 of 4 a. In addition to the application and property facts noted in the staff report and the Planning & Zoning Recommendation for the subject application(s), it is hereby verified that the property owner(s) of record at the time of issuance ofthese findings is Mark Russell. 4. Required Findings per Zoning Ordinance a. See Exhibit D for the findings required for this application. B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (LC. 967- 6503). 2. The Meridian City Council takes judicial notice of its Zoning, Subdivision and Development Ordinances codified at Titles 11 and 12, 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 August 6, 2002, Resolution No. 02-382 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code 9 11-17-9. 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning and Zoning Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Legal Description in Exhibit A, the Site Plan dated January 25,2005 as shown in Exhibit B, and the Site Specific and Standard Conditions as shown in Exhibit C. 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 g 12-3-5 and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). CUP-05-025 - PAGE 2 of 4 1. The applicant's Site Plan as evidenced by having submitted the Site Plan dated January 25,2005 is hereby conditionally approved; and, 2. The Site Specific and Standard Conditions are as shown in Exhibit C. D. Notice of Applicable Time Limits 1. Notice of Eighteen (18) Month Conditional Use Permit Duration Please take notice that the conditional use permit shall be valid for a maximum period of eighteen (18) months unless otherwise approved by the council. During this time, the permit holder must commence the use as permitted in accordance with the conditions of approval, satisfy the requirements set forth in the conditions of approval, acquire building permits and commence construction of permanent footings or structures on or in the ground. In this context "structures" shall include sewer and water lines, streets or building construction. The applicant has specified in the application and to the commission and council a construction schedule and completion date for the project. If the completion date specified for the project is exceeded, the conditional use application shall become null and void. However, the applicant may submit an application for a time extension on the project for city council review. The application for time extension shall be submitted at least thirty (30) days prior to the deadline for completion of the project. For projects requiring platting, the final plat must be recorded within this eighteen (18) month period. For projects with multiple phases, the eighteen (18) month deadline shall apply to the first phase. In the event that the development is made in successive contiguous segments or multiple phases, such phases shall be constructed within successive intervals of one year from the original date of approval by the council. If the successive phases are not submitted within one year intervals, the conditional approval of the future phases shall be null and void. (MCC 11-17-4.B.) K Notice of Final Action and Right to Regulatory Takings Analysis 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. 2. Please take notice that this is a final action of the governing body ofthe City of Meridian, pursuant to Idaho Code S 67-6521 an affected person being a person who has an interest in real property which may be adversely affected by the issuance or denial of the conditional use permit approval 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. Exhibits Exhibit A: Legal Description CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). CUP-05-025 - PAGE 3 of 4 Exhibit B: Approved Site Plan Exhibit C: Site Specific and Standard Conditions Exhibit D: Conditional Use Permit Findings By a.Jln of the City Council at its regular meeting held on the (~ ,2005. 2/5 i!::- day of COUNCIL MEMBER SHAUN WARDLE VOTED~ VOTED~ VOTED-* VOTED~ VOTED~ COUNCIL MEMBER CHRISTINE DONNELL COUNCIL MEMBER CHARLIE ROUNTREE COUNCIL MEMBER KEITH BIRD MAYOR TAMMY de WEERD (TIE BREAKER) " \ !" l itment, Public Works Department and City Attorney. By: JI111 (\11\1\ k J'I'v City Clerk's Office Dated: U ---)O(-(J; CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). CUP-05-025 - PAGE 4 of 4 EXHIBIT A Troy Place Subdivision CUP CUP-05-025 EXTERIOR BOllNOARY TROY PLACESUHDlVrSION A parcd of land being a porlIou of tile Sf:: 114 urlhe NWl/4 ofSeclloll 7, Township 3 North, Range 1 East, BOise J'vkrklian. City of xlcridi:.m, Ada County, Idaho; more f}i1rticularly described as follows: Cottllllencing at n brass cap marking the Wesl 1/4 Corner of said Section 7, thencc ;Jlong lhe Soulh llIle ofsaid 1\'WII4, NS')"OI'Ou"E a distance of 1090.65 feet to a poinl, from which ;1 br,lss cap marking Ihe Center lJ4 Comer of said Section 7 bears N89001 'O{,"E a distance or1304c23 fl.'Ct, tbence leaving said South lille NOO"58'54"\V u distanec of 661. 92 leet to a 518 inch rebar marking the ll1lcr;sec!ion of E, Carlton Street and E. 2-1.'2 Street, thence along the centcrlrnc of said E. 2-[12 Strcet. t\OOO06'50"W a distance of 561.34 fcetLO a SIR inch rebar being the POINT OF BEGTNNl1\G; Thence cOJltllluing along said cCJ1((;rlinc. 1\00"06'50"W a distance 01'97.04 feel to a 5.'8 inch rcbar marking the Southwcst Comer of JfJLTO,v SURD/ViSION, as shown on thc official pial recorded in Book 51 of Plals at pagcs 4260 and 4261. Records of Ada County. Idaho, Thence leaving said centerline ,md aloug the South houndary line of said MILTON SUBDlVISfONNSS"ZY 38"E (fOllllerly N88"22'04"li) a distance of325.65 fed tn a 51!) inch rehar; Thence SOOOO I '43"E a distance 01'25.19 feet (fbnm:rly SOO"00'21"W a distance 01'24.99 fcct) to a 5/& inch ['cbar Thclll;C k,tving said SmIth line and continuing SOO"O 1'43"E a distance of71.58 feet to a 51& inch rcbar; Thence S88"20'42"W a distance 01'32551 fee! to the rOTKT OF BEGINNING; Said parcel conlains 31,540 square feet or 0.72 acres, more or less; amI is subject 10 all existing casements and rights.of.w;JYs ofrecord or implied. EXHIBIT B Troy Place Subdivision CUP CUP-OS-02S Approved Site Plan t - c.~- EXHIBIT C Troy Place Subdivision CUP CUP-05-025 Site Specific and Standard Conditions SITE SPECIFIC CONDITIONS OF APPROV AL (CUP) I. The site plan prepared by Pinnacle Engineers, Inc., dated 1-25-05 is approved with the conditions listed herein. The applicant shall meet all of the applicable requirements of CUP-03-038, CUP-04-003, and PFP-04-001 as a condition ofthe subject Conditional Use Permit (CUP-05-025). 2. The lot size and lot frontage modifications previously approved by the City with CUP-04-003 and PFP-04-001 are also approved for CUP-05-025. Additionally, the buildings within this development may have building setbacks as follows: Front: 20 feet Rear: 10 feet Side (not per story): 7 feet (north); 10 feet (south) NOTE: The existing tri-plex may remain approximately 7 feet from the southern property line. 3. Construct a basketball court and a BBQ pit area with a picnic bench for the residents of the development as amenities for the PD. All dwelling units within the development shall be provided with access to said amenities. 4. Set aside 0.08 acres (10.9%) as open space for the development, as proposed. Provide at least 100 square-feet of private useable open space for each dwelling unit. Present, at the public hearing, calculations and/or drawings that explain how the required usable private open space requirement will be met for the multi- family development. 5. The submitted landscape plan, prepared by Pinnacle Engineers, dated 12-26-05 (sic) is approved with the following modifications/notes: · Provide a lO-foot wide landscape buffer along 2Y2 Street. Said landscape buffer shall not preclude the construction of hard-surface driveways. Landscaping shall be in accordance with MCC 12-13-10. · Any tree over 4" in caliper that is removed from the property shall be replaced by installing additional trees, being the equivalent number of caliper inches of trees that were removed. Required landscaping trees will not be considered as replacement trees for those trees that maybe removed (MCC 12-13-13-3). · Unless otherwise required by the Commission and Council, provide a 10-foot wide landscape buffer with 10 new trees between the buildings and the south property line, as proposed. This buffer is approved with a modification to City Code. · Unless otherwise required by the Commission and Council, provide a minimum 5-foot wide landscape buffer along the north property line) as proposed. This buffer is approved with a modification to City Code. · Along the north property line, construct a 6 foot fence from the east property line to the maple tree and a 4 foot tall or less fence the remainder of the distance to 2 ~ Street. 6. Access to the development shall be provided from a 25-foot wide (minimum) drive aisle off2 12 Street. Ifthe eave height ofthe proposed buildings is over 30 feet, then the drive aisle width shall increase to 26 feet (per Meridian Fire Department). The cross section of the drive aisle shall be built to ACHD standards for weight bearing purposes. 7. No signs are approved with this CZC. All signs will require a separate sign permit in compliance with the sign ordinance. 8. The applicant shall confinn the location of the existing sanitary sewer line bisecting the property, and grant the City an easement for the line if it is outside of the existing easement. 9. Construction materials used on the structures shall be approved by City of Meridian Building Department and in accordance with the most recent Building Code. 10. No buildings or other structures shall be erected, moved, added to or structurally altered, nor shall any building structure or land be established or change in use on this site without first obtaining a Certificate of Zoning Compliance (CZC) from the Meridian Planning and Zoning Department (MCC 11-19-1). 11. All required improvements must be complete prior to obtaining a Certificate of Occupancy for the proposed development. A temporary Certificate of Occupancy may be obtained by providing surety to the City in the fonn of a letter of credit or cash in the amount of 110% of the cost ofthe required improvements (including paving, striping, landscaping, and irrigation). A bid must accompany any request for temporary occupancy. Any temporary occupancy will not exceed 60 days to complete the required improvements. 12. If construction has not begun within 18 months of City Council approval, a new conditional use permit must be obtained prior to the start of development. 13. Outside lighting shall be designed and placed in such a manner as to eliminate glare and illumination ofthe adjoining roadways and properties, in accordance with City Ordinance Section 11-13-4.C. 14. All construction shall conform to the requirements of the Americans with Disabilities Act. 15. Applicant's (or successor's) failure to comply with any of the tenns of approval ofthe conditional use permit shall be cause for revocation ofthe conditional use permit. OTHER AGENCY COMMENTS & CONDITIONS MERIDIAN PUBLIC WORKS DEPARTMENT 1. Street signs are to be in place, water system shall be approved and activated, fencing shall be installed, drainage lots constructed, road base shall be approved by the Ada County Highway District, and the Final Plat for this subdivision shall be recorded, prior to applying for building permits. 2. A letter of credit or cash surety in the amount of 110% will be required for all uncompleted fencing, landscaping, amenities, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the final plat. 3. All development improvements, including but not limited to sewer, fencing, micro-paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy. 4. Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to signature on the final plat per Resolution 02-374. 5. Preliminary plat approval shall be subject to the expiration provisions set forth in MCC 12-2-4. 6. 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. 7. Applicant shall be responsible for application and compliance with and NPDES Permitting that may be required by the Environmental Protection Agency. 8. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 9. Developer shall coordinate mailbox locations with the Meridian Post Office. 10. All grading of the site shall be performed in conformance with MCC 11-12-3H. 11. 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. 12. Any existing domestic wells and/or septic systems within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells may be used for non-domestic purposes such as landscape irrigation. 13. All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per City Ordinance 12-4-13. Plans shall be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or non-approval submitted to the Public Works Department. If lateral users association approval can't be obtained, alternate plans shall be reviewed and approved by the meridian City Engineer prior to final plat signature. 14. Please submit all updated groundwater/soils monitoring data to the Public Works Department for review. Any drainage areas (detention/retention basins) must be designed to ensure that water is retained only during toO-year storm events, and for a period of time not to exceed 24 hours. Side slopes within drainage areas shall not exceed 3: 1. Any portion of a drainage area not improved with sod/grass seed (or other approved landscaping) shall not count towards the required open space area. The project engineer should pay close attention to the results of field studies determining the groundwater, soil type & and characteristics during the design and construction phases. The engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established normal groundwater elevation. This is to ensure that the bottom elevation ofthe crawl spaces of homes is at least I-foot above. 15. Two-hundred-fifty and one hundred watt, high-pressure sodium streetlights shall be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. Final design locations and quantity are determined after power designs are completed by Idaho Power Company. The street light contractor shall obtain design and permit from the Public Works Department prior to commencing installations. 16. Applicant's engineer shall be required to submit a signed, stamped statement certifying that all street finish centerline elevations are set a minimum of three feet above the highest established normal groundwater elevation. 17. Revise the site plan to indicate the means and location of the storm drainage facilities. A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. Storm water treatment and disposal shall be designed in accordance with Department of Environmental Quality 1997 publication Catalog of Stonn Water Best Management Practices for Idaho Cities and Counties and City of Meridian standards and policies. Off-site disposal into a surface water is prohibited unless the jurisdiction which has authority over the receiving stream provides written authorization prior to development plan approval. The applicant is responsible for filing all necessary applications with the Idaho Department of Water Resources regarding Shallow Injection Wells. 18. Underground pressurized irrigation shall be provided to all buildable lots, and landscape areas on site. Applicant has indicated that the pressurized irrigation system within this development is to be owned and maintained by the Homeowner's Association. Since the system is being proposed as a private system, plans and specifications for the irrigation system shall be reviewed by the Public Works Department as part of the development plan review process. A draft copy of the pressurized irrigation system O&M manual shall be submitted prior to plan approval. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. If a creek or well source is not available, a single-point connection to the municipal water system shall be required. If a single-point connection is used, the developer shall be responsible for the payment of assessments for the common areas prior to signature on the final plat by the Meridian City Engineer. MERIDIAN FIRE DEPARTMENT 1. Acceptance of the water supply for fire protection will be by the Meridian Fire Department and water quality by the Meridian Water Department for bacteria testing. 2. Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 W' outlet face the main street or parking lot aisle. b. The Fire hydrant shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works spec. d. Locations with fire hydrants shall have the curb painted red 10' to each side of the hydrant location. e. Fire Hydrants shall be placed on corners when spacing permits. f. Fire hydrants shall not have any vertical obstructions to outlets within 10'. g. Fire hydrants shall be place 18" above finish grade. h. Fire hydrants shall be provided to meet the requirements of the IFC Section 509.5. 3. AU entrance and internal roads shall have a turning radius of 28' inside and 48' outside radius. 4. For all Fire Lanes, paint the curb red and provide signage "No Parking Fire Lane". 5. Operational fire hydrants, temporary or permanent street signs and access roads with an all weather surface are required before combustible construction is brought on site. 6. Maintain a separation of 5' from the building to the dumpster enclosure. 7. The first digit of the Apartment/Office Suite shall correspond to the floor level. 8. The Fire Dept. has concerns about the ability to address the project and have the addresses visible from the street which the project is addressed off of. Please contact Joe Silva (888-1234) to address this concern prior to the public hearing. 9. Where a portion of the facility or building hereafter constructed or moved into or within the jurisdiction is more than 400 feet (122 m) from a hydrant on a fire apparatus access road, as measured by an approved route around the exterior of the facility or building, on-site fire hydrants and mains shall be provided where required by the code official. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2 the distance requirement shall be 600 feet (183). a. For Group R-3 and Group U occupancies, the distance requirement shall be 600 feet (183 m). b, For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2, the distance requirement shall be 600 feet (183 m). 10, All R-2 occupancies with 6 or more units or with 3 floors shall be required to be fire sprinklered. 11. There shall be a fire hydrant within 100' of all fire department connections. 12. Buildings over 30' in height are required to have access roads in accordance with Appendix D Section D105. NAMPA & MERIDIAN RRIGATION DISTRICT 1. If all storm drainage is retained on-site there will be no impact on Nampa & Meridian Irrigation District an no further review will be required. However, if any surface drainage leaves the site, the Nampa & Meridian Irrigation District requires that a Land Use Change Application is filed for review prior to final platting. Please contact Donna Moore at 466-7861 for further information. 2. All laterals and waste ways must be protected. The developer must comply with Idaho Code 31-3805. It is recommended that irrigation water be made available to all developments within the Nampa & Meridian Irrigation District. ADA COUNTY HIGHWAY DISTRICT I. On February 24, 2004, the Ada County Highway District Commission acted on PFP-04-001lTroy Place Subdivision. The conditions and requirements also apply to MCUP-05-025. 2. You will need to submit final plans to the ACHD Development Review Department prior to receiving final approvaL 3. A traffic impact fee will be assessed by ACHD and will be due prior to the issuance of a building permit. Contact ACHD Planning & Development Services at 387-6170 for information regarding impact fees. EXHIBIT D Troy Place Subdivision CUP CUP-05-025 Conditional Use Permit Findings STANDARDS FOR CONDITIONAL USES The Commission and Council shall review the particular facts and circumstances of each proposed conditional use in terms of the following, and may approve a conditional use permit if they shall fwd evidence presented at the hearing(s) is adequate to establish (11-17-3): A. That the site is large enough to accommodate the proposed use and all yards, open spaces, parking, landscaping and other features as may be required by this ordinance; Although the site is large enough to accommodate aU of the features required by ordinance, the applicant has asked, through the Planned Development, to modify specific development standards. The R-15 zone requires a 5 foot setback per story, a 15 foot rear setback, and a 20 foot front setback. The CUP/PD includes a request for reduced building setbacks in the R-15 zone. The applicant is proposing side setbacks down to 7 feet, a 10 foot rear setback, and a 20 foot front setback Reductions to lot size (2,400 square-feet), lot frontage (0'), building setbacks (3' front, 9' rear, 6' side) and driveway widths were previously granted for this site (see CUP-04-003). With the exception ofthe new building setbacks (7' side, 10' rear, and 20'front), the previously approved modifications are requested to carryover to the configuration proposed with the subject CUP. City Council is supportive of the requested dimensional deviations because all of the buildable lots within the subdivision have access to the common parking/drive lot and the proposed lots can accommodate the proposed building envelopes, with a modification to the standard setbacks. Meridian City Code 12-13-16 requires all multi-family developments to provide common open space that equals or exceeds ten percent of the gross land area. The applicant has proposed 0.08 acres (10.9%) as open space. In addition to the common open space requirement, Meridian City Code 12-6-2.A.4 states that all residential planned developments shall provide each dwelling unit with at least one hundred square feet of use able private open space, such as a patio or deck. The applicant is providing patios and decks for the units. On the submitted site plan, the applicant has shown enough parking to accommodate the proposed uses. The applicant is proposing a single-car garage for each unit and one additional parking stall in front of the garage (tandem). The applicant is also proposing 3 visitor parking stalls near the northeast portion of the site, by the storm drain area. City Council finds that the site is large enough to accommodate the proposed uses and all yards, open spaces, parking, landscaping and other features required by ordinance and/or by modifying the requirements through the Planned Development processes. B. That the proposed use and development plan will be harmonious with the Meridian Comprehensive Plan and in accordance with the requirements of this Ordinance; This site is currently designated as "High Density Residential" on the Comprehensive Plan Future Land Use Map and zoned R-15. In Chapter VII of the Comprehensive Plan, "High Density" residential areas are planned for development of multi-family homes in areas where urban services are provided. Residential densities may exceed eight dwelling units per acre. This residential development might include duplexes, apartment buildings, townhouses, and other multi-unit structures. A desirable project would consider the placement of parking areas, fences, berms, and other landscaping features to serve as buffers between neighboring uses." City Council finds the following Goals, Objectives, and Action items contained in the 2002 Comprehensive Plan to be applicable to this application (analysis is in italics below policy): "Develop standards for integrating medium-to-high density residential into existing subdivision development." (Chapter VII, Goal I, Objective C, Action item 2) The applicant is applying for a Planned Development, the common method of getting higher density residential projects approved in existing residential areas or subdivisions. "Require screening and landscape buffers on all development requests that are more intense than adjacent residential properties." (Chapter VII, Goal IV, Objective C, Action item 2) The applicant will be required to provide adequate screening and perimeter landscaping. "Adopt land use designations which will allow for housing opportunities for all income levels." (Chapter VII, Goal IV, Objective C, Action item 9) The City has previously zoned this site R-15 and has designated itfor high density residential, which allows for multi-family dwellings. A high density designation contributes to a greater diversity of housing opportunities within the City. "Support a variety of residential categories (low-, medium-, and high- density single-family, multi-family, townhouses, duplexes, apartments, condominiums, etc.) for the purpose ofproviding the City with a range of affordable housing opportunities." (Chapter VII, Goal N, Objective C, Action item 10) See previous bullet. "Locate high-density development, where possible, near open space corridors or other permanent major open space and park facilities, Old Town, and near major access thoroughfares." (Chapter VII, Goal V, Objective A, Action item 14) This site is located across the streetfrom properties designated "Old Town" on the Comprehensive Plan Future Land Use Map and is near Fairview Avenue and Main Street, both major access thoroughfares. "Consider "Accommodating Bicycle and Pedestrian Travel: A Recommended Approach" from the National Center for Bicycling and Walking in all land use decisions." (Chapter VI, Goal II, Objective A, Action item 3) This publication encourages jurisdictions to establish bikeway and walkway facilities in new construction and reconstruction projects, in a manner that is saft, accessible and convenient. The applicant will be required to construct sidewalk on 20 Street abutting the site. The applicant has requested modifications to the standard lot size, setback and frontage requirements of the R-15 zone. City Councilfinds that if the Commission and Council grant the applicant the requested modifications with the CUP/PD, and the applicant complies with the conditions included in this report, the configuration and overall design of the development would be in general conformance with the City of Meridian Comprehensive Plan. C. That the design, construction, operation, and maintenance will be compatible with other uses in the general neighborhood and with the existing or intended character of the general vicinity and that such use will not adversely change the essential character of the same area; City Council finds that the proposed apartment houses can be compatible with other uses in the neighborhood and with the intended character of the general vicinity, which is essentially a mix of residential and commercial uses; however, City Council is concerned with the height and bulk of the proposed structures and how they relate to the surrounding properties. City Council finds that if the applicant complies with the conditions outlined in this report, the general design, construction, operation, and maintenance should be compatible with other uses in the general neighborhood. D. That the proposed use, ifit complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity; At the previous public hearing for development of this site testimony was provided from property owners to the north and south. The main concern of one of the property owners to the south was privacy of multi-story buildings. The main concern of the property owner to the north was driveway access and fencing/landscaping along the north property line. City Council does not anticipate the proposed use will have an adverse affect on other property in the vicinity if designed, constructed, operated and maintained in accordance with the conditions of approval. E. That the proposed use will be served adequately by essential public facilities and services such as highways, street, police, and fire protection, drainage structures, refuse disposal, water, sewer or that the person responsible for the establishment of proposed conditional use shall be able to provide adequately any such services; On April 29, 2005, ajoint agency/department comments meeting was held with representatives of key service providers to this property. Based on the joint agency/department meeting and other comments received from other agencies/departments, City Council finds that the public services listed above can be made available to accommodate the proposed use. The subject site has adequate access to Fairview Avenue and Main Street via local streets in the area. The City of Meridian Fire and Police Departments currently monitor, service, and protect the subject neighborhood. Sanitary Services Company currently provides refuse service to the site and surrounding properties. The site is serviced by city water and sewer currently. City Council finds that the proposed development is currently adequately served by the essential public facilities and services listed above. The Commission and Council should reference any written and/or verbal testimony submitted by any public service provider, regarding their ability to adequately service this project. F. That the proposed use will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community; Because this is an infill site and because public facilities and services are currently being provided to the site and the surrounding vicinity, City Council finds that the proposed use will not be detrimental to the economic welfare of the community, nor will it create the need for any new facilities or services to be paid for by the public. If approved, the applicant will be financing any improvements required for development. G. That the proposed use will not involve activities or processes, materials, equipment, and conditions of operation that will be detrimental to any persons, property, or general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; This development is estimated to generate 29 additional vehicle trips per day (18 existing) based on the Institute of Transportation Engineers Trip Generation Manual. The proposed residential use is consistent with the existing residential use on the site. City Council recognizes that traffic and noise will increase with the approval; however, City Council does not believe that the amount generated will be detrimental to the general welfare of the public. City Council does not anticipate the proposed use will create excessive noise, smoke, fumes, glare, or odors. H. That the proposed use will have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public streets; The applicant is proposing to construct a 25-foot wide driveway off East 2Y2 Street, located near the site's north property line. ACHD staff has previously reviewed and approved this one vehicular approach to the site with CUP-04- 003/PFP-04-00L City Council finds that the proposed use and associated approach will not create significant interference with any traffic on the surrounding public streets. I. That the proposed use will not result in the destruction, loss or damage of a natural, scenic or historic feature considered to be of major importance. City Council is unaware of any natural of scenic features of major importance on this site and finds that no natural or scenic features of major importance will be lost or damaged by approving the annexation and zoning application. Any existing trees larger than 4" caliper that are removed shall be mitigated for, per the Landscape Ordinance. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the Matter of Preliminary Plat Approval of Twelve (1.2) building lots on 4.31 acres in a L-O Zone and Detailed Conditional Use Permit (CUP) Approval for Twelve (12) Office Buildings with reductions to the minimum requirements for street frontage and building setbacks in a L-O zone, for Julie Subdivision, by Paramount Development, Inc. Case No(s). PP-05-011, CUP-05-013 For the City Council Hearing Date of: June 28, 2005 A. Findings of Fact 1. Hearing Facts a. A notice of a public hearing was published for two (2) consecutive weeks prior to the City Council public hearing, the first publication appearing and written notice mailed to property owners or purchasers of record within three hundred feet (300') of the external boundaries of the property. The notice of public hearing before the City Council was posted upon the property under consideration more than one week before said hearing. All other noticing was done consistent with Idaho Code ~67- 6509. The matter was duly considered by the City Council at the June 28, 2005, public hearing(s). The applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction of the City of Meridian were given full opportunity to express comments and submit evidence. b. Written and oral testimony was received on this matter, as reflected in the records of the City Clerk (for written testimony) and in the official meeting minutes (for oral testimony). c. The Planning and Zoning Commission conducted public hearings and issued a written recommendation on the subject matter to the City Council. d. The City Council heard and took oral and written testimony and duly considered the evidence and the record in this matter. 2. Process Facts a. There has been compliance with all notice and hearing requirements set forth in Idaho Code ~67-6509, 6512, and Meridian City Code gg 11-15-5 and 11-17-5 as evidenced by the Affidavit of Mailing, and the Affidavit of Publication and Proof of Posting filed with the staff report. 3. Application and Property Facts ClTY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). PP-05-011, CUP-05-0J3 -PAGE I of4 a. In addition to the application and property facts noted in the staff report and the Planning & Zoning Recommendation for the subject application(s), it is hereby verified that the property owner(s) of record at the time of issuance of these findings is Paramount Development. 4. Required Findings per Zoning and Subdivision Ordinance a. See Exhibit D for the findings required for Preliminary Plat/Conditional Use. E. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (LC. g67- 6503 ). 2. The Meridian City Council takes judicial notice of its Zoning, Subdivision and Development Ordinances codified at Titles 11 and 12, 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 August 6,2002, Resolution No. 02-382 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code 9 11-17-9. 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning and Zoning Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Legal Description in Exhibit A, the Preliminary Plat/ Site Plan as shown in Exhibit B and the Conditions of Approval in Exhibit D. 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 9 12-3-5 and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's Preliminary Plat as evidenced by having submitted the Preliminary Plat dated June 17,2005 is hereby conditionally approved; and CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). PP-05-011, CUP-05-0B - PAGE 2 of4 2. The applicants Conditional Use request is hereby conditionally approved; and 3. The site specific and standard conditions of approval are as shown in Exhibit C. D. Notice of Applicable Time Limits 1. Notice of Twelve (12) Month Preliminary Plat Duration Please take notice that after the date of approval of the preliminary plat, the owner or developer shall have one year within which to file the request for approval of the final plat. After approval of final plat, the owner or developer shall have one year to begin construction of the public utilities and one year thereafter to complete construction of those public facilities. (MCC 12-2-4.B & C.) E. Notice of Final Action and Right to Regulatory Takings Analysis I. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. 2. Please take notice that this is a final action of the governing body ofthe City of Meridian, pursuant to Idaho Code 9 67-6521 an affected person being a person who has an interest in real property which may be adversely affected by the issuance or denial of the conditional use permit approval 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. Exhibits Exhibit A: Legal Description Exhibit B: Approved Preliminary Plat/Site Plan Exhibit C: Conditions of Approval Exhibit D: Required Findings for Preliminary Plat/Conditional Use Permit By action of the City Council at its regular meeting held on the 2 ~ft1 day of ",Jf~ , 2005. COUNCIL MEMBER SHAUN WARDLE VOTED~A- VOTED~ COUNCIL MEMBER CHRISTINE DONNELL CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). PP-05-0]], CUP-05-013 - PAGE 3 of4 COUNCIL MEMBER CHARLIE ROUNTREE VOTED~ VOTED~ COUNCIL MEMBER KEITH BIRD MAYOR TAMMY de WEERD (TIE BREAKER) VOTED_ and City Attorney. B)C ]h('J!M.~H~ City Clerk's Office Dated: lfl-;)Cf -()':; CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO{S). PP-05.0 11, CUP-05-0 13 - PAGE 4 of 4 EXHIBIT A Julie Subdivision PP-05-011, CUP-05-013 Legal Description Engineering North West, LLC 423 N. Ancestor PllIce. Suite 180 Boise. Idaho 83704 (208) 376-5000 . Fax (208) 376-5556 Project No. 04-041-00 Date: February 4, 2005 JULIE SUBDIVISION FINAL PLAT DESCRIPTION A parcel of land located in the SW IN of the NW 1/4 of Section 25, T. 4 N., R. I W., RM., Meridian, Ada County, Idaho, more particularly described as follows: Commencing at the section comer common to Sections 23, 24, 25 and 26 of said T.4 N., R. ! W.; Thence South 00"55'15" West. 2657.66 feet on the section line common to said Sections 25 and 26 to the 114 section Corner Common to said Sections 25 and 26; Thence North 00"55' 15" East, 197.50 feet on the section line common to said Sections 25 and 26 to the northwest comer of Paramount Subdivision No. I, as same is shown on the Pial thereof recorded in Book 88 of Plats at Page 10163 of Ada County Records, said point being the IillAL POfNT OF BEGINNING; Thence continuing North 00055' 15" East, 466.9J feet on said section line; Thence leaving said section line, South 89025'53" East, 401.00 feet (fonnerly described as North 89038'46" East) on the southerly boundary line of that property shown on Record-of- Survey Number 6587 of Ada County Records to a point on the westerly boundary line of Lot 3, Block 4 of said Paramount Subdivision No.1; Thence leaving said southerly boundary line, South 00"55' 15" West, 489.56 feet on the westerly boundary line of said Lot 3 to a point of Curve on the northerly boundary line of Lot 2, Block 4 of said Subdivision; Thence 95.23 feet on the arc of a curve to the left, said curve having a radius of 195.00 feet, a central angle of 27058'55" and a chord distance of 94.29 feet which bears North 75027'41" West on said northerly boundary line of Lot 2; Thence North 89027'08" West, 309.36 feet on said northerly boundary line of Lot 2 to the real point of beginning. Said parcel contains 4.31 acres more or less. PREPARED BY: Engineering NorthWest, LLC James R. WaShburn, PLS ~ag< I of I --..:~~ ...; =~~ =--:i '-- ~ ;i ~2; . '-- ~ :g ~5""': =@,n _:::IN ~~B~ ,,6~9 ~;~;~ ~~ ~=~~~g~~ ~; : ~ ~ N'~ ~gi!O~ ~ ~~~~ Gl ;~~~ .~~~ OI Zl- =~~ ~- 2; =-~~ f2'o. ...; EXHIBIT B Julie Subdivision PP-05-011, CUP-OS-013 Preliminary Plat! Site Plan ~ ~ ~ i , ~ id ~~e Hih~H nBsHn I I: III l ! f I I" '0 ! , , Ii: J Iltii I Ji IlJi 111l! [[j EXHIBIT C Julie Subdivision PP-OS-Oll, CUP-OS-OB Conditions of Approval SITE SPECIFIC CONDITIONS- PRELIMINARY PLAT 1. All conditions of the previously approved Development Agreement, Paramount Subdivision (AZ-03-006, CUP-03-008), and the current Conditional Use Permit (CUP-05-0B) application shall also be considered conditions of the Preliminary Plat (PP-05-011). 2. With the submittal of the final plat application, the applicant shall submit a copy of the Ada County Street Name Committee's final approval letter for the subdivision name, and lot and block numbering. Make any other corrections necessary to conform. 3. Submit 10 copies of a revised site plan and landscape plan in conformance with this report and the direction of the Planning & Zoning Commission at least 10 days prior to the City Council hearing on this application. 4. All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per MCC 12-4-13. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or non-approval submitted to the Public Works Department. If lateral users association approval cannot be obtained, plans will be reviewed and approved by the City Engineer prior to final plat signature. 5. City sewer and water services are currently available to this site through stubs from existing mains in W. Cayuse Creek Drive and Linder Road. The applicant will be responsible to construct sewer mains to and through this proposed development. Subdivision designer to coordinate main sizing and routing with the Public Works Department. Applicant shall execute City of Meridian standard forms of easements, for any mains that are required to provide service. Cover over sanitary sewer mains shall be no less than 3-feet from finish grade to the top of the pipe. If cover is less than 3-feet from the sub-grade to the top of pipe, alternate pipe materials shall be used per the Meridian Public Works Department's Standard Specifications. 6. Revise the preliminary plat to graphically depict utility easements for the City of Meridian's sewer and water mains in this development. 7. Revise the following notes on the face of the preliminary plat 5.) Revise as follows: "subsurface infiltration facilities as approved by tfte-Gfty-ef Meflt:liaft-ACHD. 8. Revise the preliminary plat to show the means and location of the storm drain facilities. A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. Storm water treatment and disposal must be designed in accordance with Department of Environmental Quality 1997 publication Catalog of Storm Water Best Management Practices for Idaho Cities and Counties and City of Meridian standards and policies. Off-site disposal into surface water is prohibited unless the jurisdiction which has authority over the receiving stream provides written authorization prior to development plan approval. The applicant is responsible for filing all necessary applications with the Idaho Department of Water Resources regarding Shallow Injection Wells. 9. Underground year-round pressurized irrigation must be provided to all lots within this development. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. If the pressurized irrigation system within this development is to remain a private homeowners' association system, complete plans and specifications shall be reviewed by the Public Works Department as part of the development plan review process. A draft copy of the pressurized irrigation system O&M manual shall be submitted prior to plan approval. The applicant shall be required to utilize any existing surface or well water for the primary source. If a surface or well source is not available, a single- point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer shall be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. 10. If permanent fencing is not provided, temporary construction fencing to contain debris must be installed around the perimeter adjacent to the vacant lands prior to issuance of a building permit. 11. Direct lot access to Linder Road is prohibited. 12. The applicant shall create a 35-foot common lot, which shall be owned and maintained by the Business Owner's Association, along Linder Road for the required landscape buffer which lies to the east of the required future right-of-way lot. The applicant shall be required to reconfigure the proposed buildings to move them outside of the required street buffer and submit plans showing the revisions prior to the City Council hearing. 13. The applicant shall construct a minimum 5' sidewalk along Linder Road, located a minimum of 41-feet (41 ') from the centerline of the right of way which ties into the existing sidewalk on the south. 14. The applicant shall be required to place the additional 23 feet of future right-of- way along Linder Road in a separate common lot, which shall be owned and maintained by the Business Owner's Association and said lot shall be in addition to the common lot for the required 35- foot street buffer 15. The applicant shall establish a Business Owner's Association for the ownership and maintenance of the common lots. STANDARD CONDITIONS- PRELIMINARY PLAT I. All grading of the site shall be performed in conformance with MCC 1] -12-3H. 2. A detailed landscape plan, in compliance with the landscape and subdivision ordinance and as noted in this report, shall be submitted for the subdivision with the final plat application. 3. All storm and drainage water shall be retained on site. A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. Storm water treatment and disposal must be designed in accordance with Department of Environmental Quality 1997 publication Catalog of Storm Water Best Management Practices for Idaho Cities and Counties and City of Meridian standards and policies. Off-site disposal into surface water is prohibited unless the jurisdiction which has authority over the receiving stream provides written authorization prior to development plan approval. The applicant is responsible for filing all necessary applications with the Idaho Department of Water Resources regarding Shallow Injection Wells. 4. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 5. Applicant shall be responsible for application and compliance with and NPDES Permitting that may be required by the Environmental Protection Agency. 6. All development features shall comply with the Americans with Disabilities Act and the Fair Housing Act. 7. Coordinate fire hydrant placement with the City of Meridian Public Works Department. 8. Two-hundred-fiftyand one-hundred-watt, high-pressure sodium streetlights will be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. Final design locations and quantity are determined after power designs are completed by Idaho Power Company. The street light contractor shall obtain design and permit from the Public Works Department prior commencing installations. 9. Any tree over 4" in caliper that is removed from the property shall be replaced by installing additional trees, being the equivalent number of caliper inches of trees that were removed. Required landscaping trees will not be considered as replacement trees for those trees that have to be mitigated. 10. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells may be used for non-domestic purposes such as landscape irrigation. 11. Applicant's engineer will be required to submit a signed, stamped statement certifying that all street finish centerline elevations are set a minimum of three feet above the highest established nonnal groundwater elevation. 12. The applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to signature on the final plat per Resolution 02-374. 13. Prior to signature of the final plates) by the City Engineer, a letter of credit or cash surety in the amount of 110 % will be required for all fencing, landscaping, pressurized irrigation, sanitary sewer, water, etc. that has not been completed. 14. All development improvements, including sewer, fencing, micro-paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy. 15. Street signs are to be in place, water system shall be approved and activated, fencing installed, drainage lots constructed, road base approved by the Ada County Highway District and the Final Plat for this subdivision shall be recorded, prior to applying for building permits. 16. All sidewalks shall be constructed in accordance with MCC 12-5-2.K. Prior to signature of the final plates), all sidewalks shall be constructed or a financial guarantee that said improvements will be completed shall be provided (MCC 12- 5-3). 17. Please submit groundwater/soils monitoring data, as collected and analyzed by a soils scientist, to the Public Works Department for review. Any drainage areas (detention/retention basins) must be designed to ensure that water will percolate or discharge with a period of time not to exceed 24-hours for all storms up to and including a 100-year storm events. Side slopes within drainage areas shall not exceed 3: 1. Any portion of a drainage area not improved with sod/grass seed (or other approved landscaping) shall not count towards the required open space area. The project engineer should pay close attention to the results of field studies determining the groundwater, soil type & and characteristics during the design and construction phases. The engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established normal groundwater elevation. 18. The Applicant shall coordinate mailbox locations with the Meridian Post Office. 19. Compaction test results must be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 20. Staffs failure to cite specific ordinance provisions or terms of the approved annexation/conditional use does not relieve the Applicant of responsibility for compliance. 21. Preliminary plat approval shall be subject to the expiration provisions set forth in MCC 12-2-4. SITE SPECIFIC CONDITIONS- CONDITIONAL USE PERMIT 1. All conditions of the previously approved Development Agreement, Paramount Subdivision (AZ-03-006, CUP-03-008), and the current Preliminary Plat (PP- 05-011) application shall also be considered conditions of the Conditional Use Permit (PP-05-013). 2. Submit 10 copies of a revised site plan and landscape plan in conformance with this report and the direction of the Planning & Zoning Commission at least 10 days prior to the next hearing on this application. 3. A minimum 20-foot wide rear building setback shall be maintained to the north property line on Lots 11 and 12. Reduced rear setbacks on Lots 1-10 are approved per the submitted Planned Development site plan dated February 2005. 4. The only uses allowed in the proposed development shall be those for the L-O zone contained in the Zoning Schedule of Use Control (MCC 11-8-1). 5. The 90-degree parking stalls are approved as I8-feet long with 6-foot sidewalks directly adjacent, adjacent to a 25-foot wide drive aisle. The applicant shall be required to install wheel blocks that prevent vehicles from overhanging more than one foot onto the adjacent sidewalk. All parking and areas of circulation should be paved, striped, and meet the minimum dimensional requirements of Meridian City Code. AU landscape areas adjacent to driveways, parking lots, or other vehicle use areas, must be protected by curbing, wheel stops, or other approved protective devices. Curbing may be cut to allow for storm water runoff. 6. The construction of the proposed office buildings shall substantially comply with the undated elevations on file with the City. Construction materials used on the structures shall be approved by City of Meridian Building Department and be in accordance with the most recent Uniform Building Code. If any significant modification(s) to the approved architectural design features and/or materials, as detenuined by the Planning Director, are requested for building(s) in the future, the property owner shall be required to submit a CUP modification. 7. No signs are approved with this CUP. All signage shall be in accordance with the standards set forth in Section 11-14 of the City Zoning and Development Ordinance. All signage is subject to design review and shall require separate permits. Temporary or portable signs shall be prohibited, and will be removed upon three (3) days notice to the applicant. STANDARD CONDITIONS- CONDITIONAL USE PERMIT 1. Down-shield or otherwise alter al1 exterior lighting, whether attached to the building or located within the parking area, so that the light does not spill over onto adjacent properties or rights-of-way. All parking lot lighting shall be in accordance with Ordinance 11-14-4.C. 2. All building and site improvement construction shall confonn to the requirements of the Americans with Disabilities Act. 3. Submit a drainage plan designed by a State of Idaho licensed architect or engineer to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. Stormwater treatment and disposal must be designed in accordance with Department of Environmental Quality 1997 publication Catalog of Storm Water Best Management Practices for Idaho Cities and Counties and City of Meridian standards and policies. Off-site disposal into a surface water is prohibited unless the jurisdiction which has authority over the receiving stream provides written authorization prior to development plan approval. The applicant is responsible for filing all necessary applications with the Idaho Department of Water Resources regarding Shallow Injection Wells. 4. No building or other structure shall be erected, moved, added to or structurally altered, nor shall any building structure or land be established or change in use on this site without first obtaining a Certificate of Zoning Compliance (CZC) from the Meridian Planning and Zoning Department (MCC 11-19-1). 5. A building permit shall be obtained prior to the start of construction. 6. All required improvements must be complete prior to obtaining a Certificate of Occupancy for the proposed development. A temporary Certificate of Occupancy may be obtained by providing surety to the City in the form of a letter of credit or cash in the amount of 110% of the cost of the required improvements (including paving, striping, landscaping, and irrigation). A bid must accompany any request for temporary occupancy. Any temporary occupancy will not exceed 60 days to complete the required improvements. 7. This Conditional Use Permit shall be valid for a maximum period of 18 months. If construction on the first phaselbuilding has not begun within this timeframe, a new Conditional Use Permit must be obtained prior to the start of development. 8. As part of a Conditional Use Permit, the City of Meridian may impose additional restrictions! condi tions. Other Af!encv/Deoartment Comments & Conditions SANITARY SERVICES COMPANY (SSC) 1. Waste enclosure locations: There is a concern that the enclosures are not located to minimize service vehicle backing-up requirements. Large waste vehicles have blind spots when backing up is required, 98% of waste vehicle accidents occur when backing-up. Please contact Bill Gregory at SSC (888-3999) to discuss this matter prior to the next public hearing. 2. Please contact Bill Gregory at SSC (888-3999) for detailed review of your proposal and submit stamped (approved) plans with your certificate of zoning compliance application. MERIDIAN PARKS DEPARTMENT 1. The Parks Department has no concerns with the site design as submitted with the application. MERIDIAN FIRE DEPARTMENT 1. Acceptance of the water supply for fire protection will be by the Meridian Fire Department and water quality by the Meridian Water Department for bacteria testing. 2. Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 W' outlet face the main street or parking lot aisle. b. The Fire hydrant shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works spec. d. Locations with fire hydrants shall have the curb painted red 10' to each side of the hydrant location. e. Fire Hydrants shall be placed on corners when spacing permits. f. Fire hydrants shall not have any vertical obstructions to outlets within 10', g. Fire hydrants shall be place 18" above finish grade. h. Fire hydrants shall be provided to meet the requirements of the IFC Section 509.5. 3. All entrance and internal roads shall have a turning radius of 28' inside and 48' outside radius. 4. Provide a 20' wide Fire Lane for all internal roadways all roadways shall be marked in accordance with Appendix D Section DI03,6 Signs. 5. Fire lanes and streets shall have a vertical clearance of 13'6". This includes mature landscaping. 6. Operational fire hydrants, temporary or permanent street signs and access roads with an all weather surface are required before combustible construction is brought on site. 7. Commercial and office occupancies will require a fire-flow consistent with the International Fire Code to service the proposed project. Fire hydrants shall be placed per Appendix D. 8. The 12 office/commercial lots lot will have an unknown transient population and will have an unknown impact on Meridian Fire Department call volumes. The Meridian Fire Department has experienced 2397 responses in the year 2003. According to a report completed by Fire & Emergency Services Consulting Group our requests for service are projected to reach 2800 in the year 2005 and 3800 by the year 2010. 9. The proposed project lies outside the five-minute response zone goal. Achievement of this goal is subject to budgetary constraints and is intended to enhance the probability of a favorable outcome on a request for Basic Life Support. The budget constraints are typically defined as capital outlay for facilities that are located within 1.5 miles from a given location and sufficient operational funds to staff the facilities. 10. Maintain a separation of 5' from the building to the dumpster enclosure. 11. Provide a Knoxbox entry system for the complex prior to occupancy. 12. The applicant shall work with city staff to provide an address identification plan including a pylon/monument sign at the required intersection(s). 13. All aspects of the building systems (including exiting systems), processes & storage practices shall be required to comply with the International Fire Code. 14. Provide exterior egress lighting as required by the International Building & Fire Codes. 15. Where a portion of the facility or building hereafter constructed or moved into or within the jurisdiction is more than 400 feet (122 m) from a hydrant on a fire apparatus access road, as measured by an approved route around the exterior of the facility or building, on-site fire hydrants and mains shall be provided where required by the code official. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2 the distance requirement shall be 600 feet (183). a. For Group R-3 and Group U occupancies, the distance requirement shall be 600 feet (183 m). b. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903 .3.1.1 or 903.3 .1.2, the distance requirement shall be 600 feet (183 m). 16. There shall be a fire hydrant within 100' of all fire department connections. EXHIBIT D Julie Subdivision PP-05-011, CUP-05-013 Req uired Fin dings PRELIMINARY PLAT ANALYSIS Sections 12-3-3.1.2 and l2-3-5.D of Meridian City Code read as follows: In determining the acceptance of a proposed subdivision, the Commission/Council shall consider the objectives of this title and at least the following: A. The conformance of the subdivision with the Comprehensive Development Plan; This site is designated as "Medium Density Residential" on the Comprehensive Plan Future Land Use Map and zoned L-O. The L-O zoning was granted to the property through a "Use Exception" that was approved as part of the Planned Development for Paramount Subdivision. The Applicant has requested modifications to the standard setbacks and frontage requirements of the L-O zone. Please see Conditional Use Permit Analysis below for further assessment of the proposed development and associated deviations from development standards. City Council finds the following Goals, Objectives, and Action items contained in the 2002 Comprehensive Plan to be applicable to this application (staff analysis is in italics below policy): "Restrict curb cuts and access points on collectors and arterial streets." (Chapter VII, Goal IV, Objective D, Action item 2) The Ada County Highway District previously approved the existing approach to W Cayuse Creek Drive. The Applicant is not proposing any new curb cuts with the subject development. "Locate small scale neighborhood commercial areas within planned residential developments as part of the development plan." (Chapter VII, Goal I, Objective B, Action item 3) "Locate new community commercial areas on arterials or collectors near residential areas in such a way as to complement with adjoining residential areas." (Chapter VII, Goal I, Objective B, Action item 5) The subject property was identified in the Planned Development CUP for Paramount Subdivision as "Village Mixed-Use Center: Linder Road" and is adjacent to Linder Road, an arterial roadway. City Council finds that if the Commission and Council grant the Applicant the requested modifications with the CUP/PD, and the Applicant complies with the conditions included in this report, the lot configuration and overall design of the subdivision would be in general confonnance with the City of Meridian Comprehensive Plan. B. The availability of public services to accommodate the proposed development; The subject site has adequate access to Linder Road via W. Cayuse Creek Drive. The City of Meridian Fire and Police Departments currently monitor, service, and protect the subject neighborhood. Sanitary Services Company currently provides refuse service to surrounding properties. City sewer and water services are currently available to this site through stubs from existing mains in W. Cayuse Creek Drive and Linder Road. The applicant will be responsible to construct sewer mains to and through this proposed development. Subdivision designer to coordinate main sizing and routing with the Public Works Department. Applicant shall execute City of Meridian standard forms of easements, for any mains that are required to provide service. Cover over sanitary sewer mains shall be no less than 3-feet from finish grade to the top of the pipe. If cover is less than 3-feet from the sub-grade to the top of pipe, alternate pipe materials shall be used per the Meridian Public Works Department's Standard Specifications. On March 25, 2005, a joint agency/department comments meeting was held with representatives of key service providers to this property. All of the detailed conditions from the Meridian Police Department, Meridian Fire Department, and other agencies/departments are at the end of this report. City Council finds that the subject property can be served adequately by all essential public facilities and City services. C. The continuity of the proposed development with the capital improvement program; Because the developer is installing sewer, water, utilities and irrigation, for the development at their cost, City Council finds that the subdivision will not conflict with the capital improvement program. D. The public fmancial capability of supporting services for the proposed development; City Council finds that the City and its related services are capable of servicing the proposed development. The development will not require major expenditures for providing supporting services. E. The other health, safety or environmental problems that may be brought to the Commission's attention. City Council is not aware of any natural, scenic or historic features in the general vicinity of this project. Staff finds that no site improvements associated with the application should damage natural, scenic or historic features in the area. STANDARDS FOR CONDITIONAL USES The Commission and Council shall review the particular facts and circumstances of each proposed conditional use in terms of the following and may approve a conditional use permit if they find evidence presented at the hearing(s) is adequate to establish (11-17-3): A. That the site is large enough to accommodate the proposed use and all yards, open spaces, parking, landscaping and other features as may be required by this ordinance; The submitted site plan depicts 162 on-site parking stalls. MCC 11-13-5.8.2 requires office uses to provide one on-site parking space for every 400 square-feet of building (gross). Per this requirement, the applicant would be required to provide 104 parking stalls (41,760 s.fbuilding/400 = 104 stalls) on the property. MCC 11-13-3.A requires off-street parking facilities to be designed with appropriate means of vehicular access to a street or alley, in a manner which will least interfere with traffic movement. MCC 11-13-4.D requires all off-street parking areas to be paved. MCC 11-13-3 requires parking spaces to be within 300-feet of the use served. MCC 11-13-4.F requires 90-degree parking stalls to be 9-feet wide and 19-feet long with a 25-foot wide drive aisle. The applicant has depicted 18- foot long parking stalls with 6- foot sidewalks, allowing for I-foot of vehicle overhang. This is an acceptable alternative to 19-foot stalls with 5-foot sidewalks, provided the applicant be required to install wheel blocks to prevent vehicles from overhanging the sidewalk more than one foot. Staff finds that the applicant has shown enough parking to accommodate the proposed office uses and that the parking as shown on the site plan complies with MCC. The applicant has requested, and shown on the site plan, a 10-foot rear setback for the proposed office buildings on Lots 11 and 12 as part of the detailed CUP approvaL A 20-foot rear setback is required in the L-O zone (MCC 11-9-1), but setbacks can be modified through the Planned development process, excluding those on the periphery on the Planned Development. MCC 12-6-2.A.5 states: "Setbacks: Alonf! the nerinherv of the planned development the anplicable setbacks as established bv the zoninf! district in which the nroject resides shall not be reduced." Requirements of the Planned Development ordinance cannot be waived or modified through the Planned Development CUP process; therefore, the applicant shall be required to modifY the site plan to show a 20-foot rear setback on Lots 11 and 12 along the north property line. See Site Specific Condition #3 below. The developer of Paramount Subdivision installed the required landscaping adjacent toW. Cayuse Creek Drive, and that landscaping currently exists adjacent to this site. The applicant is required to provide additional landscaping within the parking areas and a 25-foot landscaped street buffer along Linder Road. The applicant has shown on the plans a proposed 25-foot landscape buffer, which lies within an area, denoted as "Future Right of Way" on the Preliminary Plat. MCC 12-13-1O~2 requires that "All street buffers shall be located beyond any street right of way and shall be maintained by the property owner upon which the buffer lies." The applicant shall be required to: I. Place the Future Right of Way in a separate platted lot in the subdivision (See Preliminary Plat Site Specific Condition #9); 2. Provide the required landscape buffer outside of the Future Right of Way lot (See Preliminary Plat Site Specific Condition #8). City Council finds that the site is large enough to accommodate the proposed uses and all yards (setbacks), open spaces, parking, landscaping and other features required by ordinance. B. That the proposed use and development plan will be harmonious with the Meridian Comprehensive Plan and in accordance with the requirements of this Ordinance; This site is designated as "Medium Density Residential" on the Comprehensive Plan Future Land Use Map and zoned L-O. The L-O zoning was granted to the property through a "Use Exception" that was approved as part of the Planned Development for Paramount Subdivision. The applicant stated in the February 14, 2005, application letter that "The uses will provide services (medical, dental, optical, neighborhood retail, etc.) that will be complementary to the residents of the surrounding area." Staff finds that the orevious aporoval for the Planned Development did not approve retail uses in this L-O zone and that retail uses are not allowed in the L~O zone per the Zonin2: Schedule of Use Control contained in MCC I I -8-1. The Development Agreement for Paramount Subdivision specifically states: "Uses Permitted By This Agreement: 4.1: The uses allowed pursuant to this Agreement are only those uses allowed under "City's" Zoning Ordinance codified at Meridian City Code Section 11-7-2 (D, F, G, and K) which are herein specified as follows: Construction and development of a planned development consisting of 764 single-family building lots, 73 townhouse lots, 270 apartments, 4 mixed-use areas with approximately 577,606 s.f. of office and retail space, and 32 common lots on 392.17 acres in proposed R-8, R-40, L-O and C-G zones." Staff finds that only uses permitted in the L-O zone shall be allowed in the proposed development. See Site Specific Condition #4 below. City Council finds that if the applicant complies with the conditions included in this report, the building configurations and overall design of the development would be in general conformance with the City of Meridian Comprehensive Plan and will be in general conformance with the requirements of the Zoning Ordinance. Further, City Council finds that the development plan is consistent with the recorded zoning resolution, development agreement, and previous development approvals granted by the City for this site. c. That the design, construction, operation, and maintenance will be compatible with other uses in the general neighborhood and with the existing or intended character of the general vicinity and that such use will not adversely change the essential character of the same area; City Council finds that the proposed office buildings should be compatible with other uses in the neighborhood and with the intended character of the general vicinity, which includes a mix of residential, commercial, office, and school uses. D. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity; City Council does not anticipate that the proposed use will have an adverse affect on other property in the vicinity if designed, constructed, operated and maintained in accordance with the Site Specific and General Conditions of approval. E. That the proposed use will be served adequately by essential public facilities and services such as highways, street, police, and fire protection, drainage structures, refuse disposal, water, sewer or that the person responsible for the establishment of proposed conditional use shall be able to provide adequately any such services; The subject site has adequate access to Linder Road via W. Cayuse Creek Drive. The City of Meridian Fire and Police Departments currently monitor, service, and protect the subject neighborhood. Sanitary Services Company currently provides refuse service to surrounding properties City sewer and water services are currently available to this site through stubs from existing mains in W. Cayuse Creek Drive and Linder Road. The applicant will be responsible to construct sewer mains to and through this proposed development. Subdivision designer to coordinate main sizing and routing with the Public Works Department. Applicant shall execute City of Meridian standard forms of easements, for any mains that are required to provide service. Cover over sanitary sewer mains shall be no less than 3-feet from finish grade to the top of the pipe. If cover is less than 3-feet from the sub-grade to the top of pipe, alternate pipe materials shall be used per the Meridian Public Works Department's Standard Specifications. On March 25, 2005, a joint agency/department comments meeting was held with representatives of key service providers to this property. All of the detailed conditions from the Meridian Police Department, Meridian Fire Department, and other agencies/departments are at the end of this report. City Council finds that the subject property can be served adequately by all essential public facilities and City services. F. That the proposed use will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community; The developer will be required to finance the extension of sewer, water, utilities and pressurized irrigation to serve the project. The primary public costs to serve the site will be fire and police services. City Council finds there will not be excessive additional requirements at public cost and that the proposed use will not be detrimental to the community's economic welfare. G. That the proposed use will not involve activities or processes, materials, equipment, and conditions of operation that will be detrimental to any persons, property, or general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; City Council does not anticipate that the proposed uses, will be detrimental to the general welfare of the community by means of producing excessive traffic, noise, smoke, fumes, glare or odors generated by the proposed uses. H. That the proposed use will have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public streets; The applicant is not proposing to construct any new vehicular approaches int%ut ofthe property. ACHD considers vehicular approaches in their analysis of projects and has previously approved the access points for this parcel. The applicant is proposing to utilize the previously approved access point to W. Cayuse Creek Drive. Staff finds that the proposed use and associated approaches will not create interference with any traffic on the surrounding public streets. I. That the proposed use will not result in the destruction, loss or damage of a natural, scenic or historic feature considered to he of major importance. City Council is not aware of any natural, scenic or historic features in the general vicinity of this project. Staff finds that no site improvements associated with the application should damage natural, scenic or historic features in the area. East: One parcel (1) parcel, totaling approx. 4.9 acres, containing Crossroads Middle School (zoned T-E, City of Meridian), and one (I) parcel, totaling approx. 14.8 acres (zoned RUT, Ada County.) West: Railside Park Subdivision, including: one parcel (1) parcel, totaling approx. 1.2 acres (zoned I-L, City of Meridian), one (1) parcel, totaling approx. 1.4 acres (zoned I-L, City of Meridian), and one (1) parcel, totaling approx. 1.4 acres (zoned I-L, City of Meridian. ) OWNER OF RECORD The current property owner, Howard Anderson, has submitted notarized consent for David Bohecker to submit the subject application. STAFF ANALYSIS The applicant is required per Meridian City Code to provide underground pressurized irrigation to all lots in a new subdivision. All irrigation systems must use non-potable water for the primary source if deemed to be available. The applicant has submitted a letter Nampa and Meridian Irrigation district stating that there is inadequate water available to this subject property due to existing agricultural uses upstream. John Anderson has stated in his letter that a regional pump station is planned in the near future and this property's irrigation system shall be eligible to be included. SITE SPECIFIC CONDITIONS OF APPROVAL 1. The applicant shall install a pressurized irrigation system using potable water as its main source. The system shall be designed to Nampa and Meridian Irrigation District Standards, and be designed to facilitate a future hook up to the regional system that is being planned, according to John Anderson. Per MCC l2-5-2-N-4 the applicant shall be responsible to pay a one time well development fees for each lot in the subdivision that is being served by this system, the fee is currently $865.61 as of October 1 st, 2004. This fee is adjusted upward annually on October 1 S\ based on the Wall Street Prime Interest Rate on that date. RECOMMENDATION Staff recommends approval of MI 05-006 application with the above stated comments and conditions. MI-05-006 Page 2 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER Request for a Variance from Meridian City Code (MCC) 12-4-5 (Block Lengths), to allow Block 1 to exceed the 1,000-foot maximum block length, within the proposed Sicily Subdivision, by Landmark Engineering and Planning, Inc. Case No: V AR-05-012 For the City Council Hearing Date of: June 28, 2005 A. Findings of Fact 1. Hearing Facts a. A notice of a public hearing was published for two (2) consecutive weeks prior to the City Council public hearing, the first publication appearing and written notice mailed to property owners or purchasers of record within three hundred feet (300') of the external boundaries of the property. The notice of public hearing before the City Council was posted upon the property under consideration more than one week before said hearing. All other noticing was done consistent with Idaho Code S67- 6509. The matter was duly considered by the City Council at the June 28,2005, public hearing(s). The applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction ofthe City of Meridian were given full opportunity to express comments and submit evidence. b. Written and oral testimony was received on this matter, as reflected in the records ofthe City Clerk (for written testimony) and in the official meeting minutes (for oral testimony). c. The City Council heard and took oral and written testimony and duly considered the evidence and the record in this matter. 2. Process Facts a. There has been compliance with all notice and hearing requirements set forth in Idaho Code S67-6509, 6512, and Meridian City Code gg 11-15-5 and 11-17-5 as evidenced by the Affidavit of Mailing, and the Affidavit of Publication and Proof of Posting filed with the staff report. 3. Application and Property Facts a. In addition to the application and property facts noted in the staff report and the Planning & Zoning Recommendation for the subject application(s), it is hereby verified that the property owner of record at the time of issuance of these findings is Interwest Development (Bruce Blaser). CITY OF MERIDIAN FINDINGS OF FACT, CONCLusrONS OF LAW AND DECISION & ORDER CASENO(S).VAR-05-012-PAGE 101'3 4. Required Findings per Zoning and Subdivision Ordinance a. See Exhibit B for the findings required for this application. B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (LC. 967- 6503). 2. The Meridian City Council takes judicial notice of its Zoning, Subdivision and Development Ordinances codified at Titles II and 12, 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 August 6, 2002, Resolution No. 02-382 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code g 11-17-9. 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning and Zoning Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Legal Description in Exhibit A. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code 9 12-3-5 and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that 1. The applicant is hereby granted a variance to MCC 12-4-5 Blocks, which prohibits residential block lengths from exceeding 1,000 feet for Block 1 of the proposed Sicily Subdivision. 2. Notice of Final Action and Right to Regulatory Takings Analysis: The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S).V AR-05-0 12 - PAGE 2 on 1. Please take notice that this is a final action of the governing body ofthe City of Meridian, pursuant to Idaho Code g 67-6521 an affected person being a person who has an interest in real property which may be adversely affected by the issuance or denial of the conditional use permit approval 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. E. Exhibits Exhibit A: Legal Description Exhibit B: Required Findings for Variance By action of the City Council at its regular meeting held on the J1~ ~ ,2005. Zf3tC. day of COUNCIL MEMBER SHAUN WARDLE VOTED~ VOTED~ VOTED~ VOTED~ VOTED_ COUNCIL MEMBER CHRISTINE DONNELL COUNCIL MEMBER CHARLIE ROUNTREE COUNCIL MEMBER KEITH BIRD MAYOR TAMMY de WEERD (TIE BREAKER) ~.. . .... ~d',ji" Copy served upon Applicant, The Planning an \!'Zotiing Department, Public Works Department and City Attorney. By~ 11 'dHrvl ~f\ ~ fV\- City Clerk's Office Dated: l.1l~<~-oC; CITY OF MERI DIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S).VAR-05-012 - PAGE 3 on EXHIBIT A Sicily Subdivision V AR-05-012 Legal Description I. D)PV SrtWAR! fl!lf annal'!: "A" rR ACT (IT All du< ",n,,, o"ho W", fl'lf o"h, So",'_ Q= of"" No"""" Q_" "'" ,r "', W '" H ,J( or '"' ,,,' fl.r of "', SO",,,,,, Qu.n~ of"", No"""" Q= lying No""",y of "', R,d~""gh r '"". ," '" S~Chon 30, Township 3 North, Range I Ea& oftbeBoi!e Meridian, Ada Count)', Idaho. EXHIBIT B Sicily Subdivision V AR-OS-012 Required Findings REOUIRED FINDINGS According to Ordinance 11-18-1, Variances, the Council may authorize in specific cases a variance from the terms of either the Zoning or Subdivision Ordinance. Specifically, the Ordinance lists the following Findings (MCCll-18-3), all of which must be determined before granting a variance: "A. That there are such special circumstances or conditions affecting the property that the strict application of the provisions of this Title would clearly be impracticable or unreasonable; The Ridenbaugh Canal borders the project on the south and west boundaries. The applicant states that the Ridenbaugh is a significant open seasonal irrigation canal which would require pipe diameter that substantially exceeds 48 inches in order to be tiled. The City of Meridian does not require the tiling of any canal which would require a pipe diameter in excess of 48 inches, and City Council agrees that the Ridenbaugh Canal would require a pipe substantially larger than 48 inches. The applicant has stated that it would be a hardship to be required to provide a bridge across the canal for a stub street to the south. Therefore, City Council finds that special circumstances exist that make strict application of this title impractical and unreasonable. The applicant has provided a stub street to the north, two stub streets to the east, and a cul-de-sac at the southern end of S. Vento Avenue which extends to the edge of the Ridenbaugh Canal right-of-way easement allowing for a future crossing of the canal, should it be become necessary. City Council finds that requiring additional stubs and/or connections would not be reasonable or practical. B. That strict compliance with the requirements of this Title would result in extraordinary hardship to the owner, subdivider or developer because of unusual topography, the nature or condition of adjacent development, other physical conditions or other conditions that make strict compliance with this Title unreasonable under the circumstances, or that the conditions and requirements of this Title will result in inhibiting the achievements or the objectives of this Title; As noted above, City Council finds that strict compliance with the City's Ordinances would not be of benefit to the City, the surrounding property owners, or the applicant. Based on the nature and location of stub streets within the adjacent development, City Council finds that strict compliance to the MCC 12-4-5 would be unreasonable and would not result in inhibiting the objectives of the MCC. C. That the granting of the specified variance will not be detrimental to the public's welfare or injurious to other property in the area in which the property is situated; City Council finds that the variance will not be detrimental to the public's welfare or injurious to other properties in the area. D. That such variance will not have the effect of altering the interest and purpose of this Title and the Meridian Comprehensive Plan." City Council finds that the issuance of the variance to the 1,000-foot maximum block length within the proposed Sicily Subdivision does not have the effect of altering the purpose and interest of the Zoning Ordinance. The proposed subdivision increases interconnectivity (by providing three stub streets) and provides for a future crossing of the Ridenbaugh Canal ifit should become necessary. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the matter of a request for Annexation and Zoning of 19.72 Acres from RUT (Ada County) to R-8 (Medium Density Residential) and Preliminary Plat Approval of Seventy- Four (74) Single-family Building Lots and Five (5) Other/Common Lots on 19.72 Acres in a Proposed R-8 Zone by Landmark Engineering and Planning, Inc. Case No. AZ-05-014, PP-05-061 For the City Council Hearing Date of: June 28, 2005 A. Findings of Fact I. Hearing Facts a. A notice of a public hearing was published for two (2) consecutive weeks prior to the City Council public hearing, the first publication appearing and written notice mailed to property owners or purchasers of record within three hundred feet (300') ofthe external boundaries of the property. The notice of public hearing before the City Council was posted upon the property under consideration more than one week before said hearing. All other noticing was done consistent with Idaho Code g67- 6509. The matters were duly considered by the City Council at the June 28,2005) public hearing. The applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction of the City of Meridian were given full opportunity to express comments and submit evidence. b. Written and oral testimony was received on this matter, as reflected in the records ofthe City Clerk (for written testimony) and in the official meeting minutes (for oral testimony). c. The Planning and Zoning Commission conducted a public hearing and issued a recommendation for approval to City Council. d. The City Council heard and took oral and written testimony and duly considered the evidence and the record in this matter. 2, Process Facts There has been compliance with all notice and hearing requirements set forth in Idaho Code 967-6509,6512, and Meridian City Code Sg 11-15-5 and 11-17-5 as evidenced by the Affidavit of Mailing) and the Affidavit of Publication and Proof of Posting filed with the staff report. 3. Application and Property Facts CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO. AZ-05-0 14, PP-05-0 16 - PAGE I of 4 a. In addition to the application and property facts noted in the staff report and the Planning & Zoning Recommendation for the subject application(s), it is hereby verified that the property owner of record at the time of issuance of these findings is Interwest Development (Bruce Blaser). 4. Required Findings per Zoning and Subdivision Ordinances a. See Exhibit D for the findings required for each application. B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (LC. g67- 6503). 2. The Meridian City Council takes judicial notice of its Zoning, Subdivision and Development Ordinances codified at Titles 11 and 12, 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 August 6, 2002, Resolution No. 02-382 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code S 11-17-9. 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning and Zoning Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Legal Description in Exhibit A, the Preliminary Plat dated 3/10/05 as shown in Exhibit B, and the Conditions of Approval in Exhibit c. 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 g 12-3-5 and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: I. The applicant's Preliminary Plat as evidenced by having submitted the Preliminary Plat dated 3/1 0/05 is hereby conditionally approved; CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO. AZ-05-0l4, PP-05-016 - PAGE 2 of4 2. The site specific and standard conditions of approval are as shown in Exhibit C. D. Notice of Applicable Time Limits (as applicable) 1. Notice of Twelve (12) Month Preliminary Plat Duration Please take notice that after the date of approval of the preliminary plat, the owner or developer shall have one year within which to file the request for approval ofthe final plat. After approval of final plat, the owner or developer shall have one year to begin construction of the public utilities and one year thereafter to complete construction of those public facilities. (MCC 12-2-4.B & C.) E. Notice of Final Action and Right to Regulatory Takings Analysis I. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. 2. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code S 67-6521 an affected person being a person who has an interest in real property which may be adversely affected by the issuance or denial of the approval may within twenty-eight (28) days after the date of this decision and order seek ajudicial review as provided by Chapter 52, Title 67, Idaho Code. F. Exhibits Exhibit A: Legal Description Exhibit B: Approved Preliminary Plat (3/10/05, with conditions) Exhibit C: Conditions of Approval (all agencies) Exhibit D: Annexation and Zoning and Preliminary Plat Required Findings By ~on of the City Council at its regular meeting held on the 2 g -I!:::- day of C,}~ ,2005. COUNCIL MEMBER SHAUN WARDLE VOTED~ VOTED~ COUNCIL MEMBER CHRISTINE DONNELL CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO. AZ-05-014, PP-05-016 -PAGE 3 of4 COUNCIL MEMBER CHARLIE ROUNTREE VOTED~ VOTED~ COUNCIL MEMBER KEITH BIRD MAYOR TAMMY de WEERD (TIE BREAKER) VOTED---==:' Attest: ~~4 and City Attorney. By: 11A (llffi h k n ~ M.J '-City Clerk's Office Dated: lO - ,~O -()t; CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO. AZ-05-0 14, PP-05-0 16 - PAGE 4 of 4 EXHIBIT A Sicily Subdivision AZ-05-014 PP-05-016 Legal Description I,O)PM SHwARrrJlLf l:l:tJIIBlT "A" rRACT Ul All "", pomoo .hl" W"" H.1f ohb, S"lli_ QuonOc of"', No"',~ Qwn" <nd 0 f ili, W~, H ,<r ,r "" E~, H'1f of rh, ''''b.,. Quon~ of >he No.,."" Qwnu ''''''' NO"'~ry of d" lUd~hoeh c '0'1. ," '" Sectlo:J 30, TOWnship) North. Range I Ea& oftbc Boise Meridian, Ada County, idaho. EXHIBIT B Sicily Subdivision Az.-05-014 PP-05-016 Approved Preliminary Plat SICILY SUBDIVISION N~ ~~..:,~.::~~~~ACE n~.\1'~~:~!UTlUTmS ~~. :. "~' EXHIBIT C Sicily Subdivision AZ-05-014 PP-05-016 Conditions of Approval ANEXATION & ZONING COMMENTS I. The annexation legal description submitted with the application (dated 12-1-04, stamped by James R. Washburn, PLS) shows the property as contiguous to the existing corporate boundary of the City of Meridian. 2. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service, per City Ordinance Section 5-7-517, when services are available from the City of Meridian. Wells may be used for non-domestic purposes such as landscape irrigation. 3. Any future subdivision, uses and construction on this property shall comply with the City of Meridian ordinances in effect at the time. SITE SPECIFIC CONDITIONS-PRELIMINARY PLAT 1. All conditions of the accompanying Annexation/Zoning (AZ-05-014) application shall also be considered conditions of the Preliminary Plat (PP-05-016). 2. Provide a public stub street to the north (S. Caesar Ave), as proposed. 3. With the submittal of the final plat application, the applicant shall submit a copy of the Ada County Street Name Committee's final approval letter for the street names, subdivision name, and lot and block numbering, Make any other corrections necessary to conform. 4. The landscape plan prepared by Jensen Belts Associates., dated 3-11-05 is approved as submitted. Any tree over 4" in caliper that is removed from the property shall be replaced by installing additional trees, being the equivalent number of caliper inches of trees that were removed. Required landscaping trees will not be considered as replacement trees for those trees that may be removed (MCC 12-13-13-3). 5. The applicant has requested a waiver for the Ridenbaugh Canal to remain open, per MCC 12-4-13. Based on other sections of the Ridenbaugh that have been bridged, a pipe diameter would substantially exceed 48 inches. Historically, the City of Meridian has not required the tiling of waterways that would require a pipe diameter of 48 inches or larger. 6. All irrigation ditches, laterals or canals, exclusive of natural waterways and the Ridenbaugh Canal, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per City Ordinance 12-4-13. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or non-approval submitted to the Public Works Department. If lateral users association approval can't be obtained, alternative plans shall be reviewed and approved by the Meridian City Engineer prior to final plat signature. 7. Sanitary sewer service is being proposed to this site via the Roseleaf and Chatsworth developments to the East. These projects have been approved but there is no time line for their completion. The applicant shall be responsible for constructing the lateral sewer through this proposed development The subdivision designer is responsible for coordinating main sizing and routing with the Public Works Department. 8. Proceeding through the approval process is strictly the risk of the applicant. The City of Meridian does not guarantee sewer service within the development time frames outlined in Meridian City Ordinance. 9. Water service is being proposed to this site via the Roseleaf and Chatsworth developments to the East. These projects have been approved but no there is no time line for their completion. The applicant shall be responsible for constructing the water main to and through this proposed development, thereby making them available to adjacent properties. The subdivision designer is responsible for coordinating main sizing and routing with the Public Works Department 10, Proceeding through the approval process is strictly the risk of the applicant. The City of Meridian does not guarantee water service within the development time frames outlined in Meridian City Ordinance. 11. Underground vear-round pressurized irrigation must be provided to all lots within this development The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. If the pressurized irrigation system within this development is to remain a private homeowners' association system, complete plans and specifications shall be reviewed by the Public Works Department as part of the development plan review process. A draft copy of the pressurized irrigation system O&M manual shall be submitted prior to plan approval. The applicant shall be required to utilize any existing surface or well water for the primary source. If a surface or well source is not available, a single- point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer shall be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. 12. The applicant has indicated that storm drainage will be routed to shallow storm water detention ponds then discharged into existing drainage ditches at pre- development flows. It is the applicant's responsibility to coordinate, and enter into, a Discharge Agreement with Nampa & Meridian Irrigation District. 13. If permanent perimeter fencing is not provided, temporary construction fencing to contain debris must be installed around the perimeter prior to issuance of a building permit. 14. Maintenance of all cOlmnon areas shall be the responsibility of the Sicily Homeowners' Association. 15. A six-foot "open vision" or four-foot solid fencing is required adjacent to the common area/open space lots. Submit a detailed fencing plan with the final plat. 16. The applicant shall submit a Variance application for block length that shall be heard concurrently at City Council with the subject Annexation and Zoning and Preliminary Plat applications. 17. No variances, exceptions or reductions to the City adopted dimensional standards or uses are approved with this preliminary plat application. All minimum lot sizes, structure setbacks, street frontage, and house size requirements shall be maintained. GENERAL REOUIREMENTS-PRELIMINARY PLAT 1. All grading of the site shall be performed in conformance with MCC 11-12-3H. 2. Sidewalks shall be installed within the subdivision and on the perimeter of the subdi vision pursuant to M CC 12-13 -10-8. 3. A letter of credit or cash surety in the amount of 110% wiU be required for all fencing, landscaping, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the final plat. 4. A detailed landscape plan, in compliance with the landscape and subdivision ordinance and as noted in this report, shall be submitted for the subdivision with the final plat application. 5. Coordinate fire hydrant placement with the City of Meridian Public Works Department. 6. One-hundred-watt, high-pressure sodium streetlights will be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. Final design locations and quantity are determined after power designs are completed by Idaho Power Company. The street light contractor shall obtain design and permit from the Public Works Department prior commencing installations. 7. Any tree over 4" in caliper that is removed from the property shall be replaced by installing additional trees, being the equivalent number of caliper inches of trees that were removed. Required landscaping trees will not be considered as replacement trees for those trees that have to be mitigated. 8. Submit any up-dated groundwater/soils monitoring data, as collected and analyzed by a soils scientist, to the Public Works Department for review. Any drainage areas (detention/retention basins) must be designed to ensure that water will percolate or discharge with a period of time not to exceed 24-hours for all storms up to and including a IOO-year storm events. Side slopes within drainage areas shall not exceed 3: I. Any portion of a drainage area not improved with sod/grass seed (or other approved landscaping) shall not count towards the required open space area. The project engineer should pay close attention to the results of field studies determining the groundwater, soil type & and characteristics during the design and construction phases. The engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established normal groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least I-foot above groundwater. 9. The applicant shall coordinate mailbox locations with the Meridian Post Office. 10. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells may be used for non-domestic purposes such as landscape irrigation. 11. Compaction test results must be submitted to the Meridian Building Department for all building pads receiving engineered backfill~ where footing would sit atop fill material. 12. Applicant's engineer will be required to submit a signed, stamped statement certifying that all street finish centerline elevations are set a minimum of three feet above the highest established normal groundwater elevation. 13. The applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to signature on the final plat per Resolution 02-374. 14. 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. 15. The applicant shall be responsible for application and compliance with any DPDES permitting that may be required by the Environmental Protection Agency. 16. The applicant shall be responsible for application and compliance with any Section 404 permitting that may be required by the Army Corps of Engineers. 17. Staff's failure to cite specific ordinance provisions or terms of the approved annexation/conditional use does not relieve the applicant of responsibility for compliance. 18. Preliminary plat approval shall be subject to the expiration provisions set forth in MCC 12-2-4. Other Allencv/Deoartment Comments & Conditions SANITARY SERVICES COMPANY (SSC) I. SSC has no comments related to this application. MERIDIAN FIRE DEPARTMENT 1. One and two family dwellings will require a fire-flow of 1,000 gallons per minute available for duration of 2 hours to service the entire project. Fire hydrants shall be placed an average of 500' apart. International Fire Code Appendix C 2. Acceptance of the water supply for fire protection will be by the Meridian Fire Department and water quality by the Meridian Water Department for bacteria testing. 3. Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 12" outlet face the main street or parking lot aisle. b. The Fire hydrant shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works spec. d. Locations with fire hydrants shall have the curb painted red 10' to each side of the hydrant location. e. Fire Hydrants shall be placed on corners when spacing permits. f. Fire hydrants shall not have any vertical obstructions to outlets within 10'. g. Fire hydrants shall be place 18" above finish grade. h. Fire hydrants shall be provided to meet the requirements of the IFC Section 509.5. 4. The phasing plan may require that any roadway greater than 150' in length that is not provided with an outlet shall be required to have an approved turn around. 5. All entrance and internal roads shall have a turning radius of 28' inside and 48' outside radius. 6. Operational fire hydrants, temporary or permanent street signs and access roads with an all weather surface are required before combustible construction is brought 011 site. 7. The proposed 74-lot subdivision with an estimated 2.9 residents per household would have a total estimated population of215 residents at build out. 8. Where a portion of the facility or building hereafter constructed or moved into or within the jurisdiction is more than 400 feet (122 m) from a hydrant on a fire apparatus access road, as measured by an approved route around the exterior of the facility or building, on-site fire hydrants and mains shall be provided where required by the code officiaL For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3 .1.1 or 903.3 .1.2 the distance requirement shall be 600 feet (183). a. For Group R-3 and Group U occupancies, the distance requirement shall be 600 feet (183 m). b. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2, the distance requirement shall be 600 feet (183 m). MERIDIAN PARKS DEPARTMENT 1. The Parks Department has no concerns with the site design as submitted with the application. MERIDIAN POLICE DEPARTMENT 1. No comments received. EXHIBIT D Sicily Subdivision AZ-05-014 PP-05-016 Required Findings ANNEXATION & ZONING ANALYSIS Because the analysis below applies both to the proposed use and the proposed zoning, staffhas combined the analysis of use with the annexation and zoning findings. According to Meridian City Code (MCC) 11-15-11, General Standards Applicable to Zoning Amendments, both the Planning & Zoning Commission and Council are required "to review the particular facts and circumstances of each proposed zoning amendment in terms of the following standards and shall find adequate evidence answering the following questions about the proposed zoning amendment." The following is the list of standards found in 11-15-11 and analysis by staff: A. Will the new zoning be harmonious with and in accordance with the Comprehensive Plan and, if not, has there been an application for a Comprehensive Plan amendment; City Council finds that the proposed zoning designation R-8 is harmonious with and in accordance with the 2002 Comprehensive Plan and Future Land Use Map which designates the land to be Medium Densitv Residential. There is a minimum target density of three dwelling units per acre in the Comprehensive Plan; the proposed gross density of Sicily Subdivision is 3.75 dwelling units per acre. The Future Land Use Map shows a future community park in this square mile. However, the Parks Department is not seeking to acquire any land from the applicant. The following Comprehensive Plan policies support this proposal; · Require that development projects have planned for the provision of all public services (Chapter VII, Goal III, Objective A, Action 1) When the City established its Area of City Impact, it planned to provide City services to the subject properties. The City of Meridian plans to provide municipal services to the lands proposed to be annexed in the following manner: Sanitary sewer and water service will be extended to the project at the developer's expense. The subject lands currently lie within the jurisdiction of the Meridian Rural Fire District. Once annexed the lands will be under the jurisdiction of the Meridian City Fire Department, who currently shares resource and personnel with the Meridian Rural Fire Department. Fire and Emergency Medical Services will be provided by Meridian City Fire Station #3. The subject lands lie within 1.5 miles of the recently opened Meridian City Fire Station #3 and lie within the Meridian Fire Department's jive-minute response zone. The subject lands currently lie within the jurisdiction of the Ada County Sheriff's Office. Once annexed the lands will be serviced by the Meridian Police Department (MPD). The roadways adjacent to the subject lands are currently owned and maintained by the Ada County Highway District (ACHD). This service will not change. The subject lands are currently serviced by the Meridian School District #2. This service will not change. The subject lands are currently serviced by the Meridian Library District. This service will not change and the Meridian Library District should suffer no revenue loss as a result of the subject annexation. Municipal, fee-supported, services will be provided by the Meridian Building Department, the Meridian Public Works Department, the Meridian Water Department, the Meridian Wastewater Department, the Meridian Planning and Zoning Department, Meridian Utility Billing Services, and Sanitary Services Company. · Protect existing residential properties from incompatible land use development on adjacent parcels (Chapter VII, Goal IV, Objective C, Action 1 ) All of the properties adjacent to the subject site are either designated for residential or public/quasi public uses on the Comprehensive Plan Future Land Use Map. · Support a variety of residential categories (low-, medium-, 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 (Chapter VII, Goal N, Objective C, Action 10) The subject property is designated Medium-Density Residential on the Future Land Use Map which identifies this area as an appropriate area for medium- density residential development. This proposal meets the Comprehensive Plan dejinition of medium-density, with a gross density of 3.75 dwelling units per acre. · Require street connections between subdivisions at regular intervals to enhance connectivity and better traffic flow (Chapter VI, Goal II, Objective A, Action 6) One stub street has been provided to large, undeveloped parcel to the north and two street connections have been provided to the east to Roseleaf and Chatsworth Subdivisions (see ACHD report for details). City Council finds that the proposed R-8 zoning designation is harmonious with and in accordance with the Comprehensive Plan. B. Is the area included in the zoning amendment intended to be rezoned in the future; City Council does not anticipate that the applicant intends to rezone the subject property in the future. There are several large, undeveloped county parcels to the west, north and south of this land and additional annexation/rezone requests are anticipated on these parcels in the future. C. Is the area included in the zoning amendment intended to be developed in the fashion that would be allowed under the new zoning -for example, a residential area turning into a commercial area by means of conditional use permits; City Council finds that the proposed single-family residential subdivision would be allowed within the requested zoning district of R-8. The accompanying plat demonstrates the land would be developed in lot sizes, housing types and other dimensional requirements that conform to the proposed zoning designation. D. Has there been a change in the area or adjacent areas which may dictate that the area should be rezoned. For example, have the streets been widened, new railroad access been developed or planned or adjacent area being developed in a fashion similar to the proposed rezone area; City Council finds that the land directly east of the subject property is annexed and approved for development similar to the proposed subdivision (Roseleaf Subdivision and Chatsworth Subdivision). Tuscany Lakes Subdivision and Sageland Subdivision were also recently approved residential developments in the area. Tuscany Lakes Subdivision is located near the southwest comer of Locust Grove Road and Victory Road and Sageland Subdivision is on the northeast comer of Locust Grove Road and Victory Road. The majority of Section 30, Township 3 North, Range I East is designated for residential development similar to the proposed project. This is the fourth annexation application the City has processed within the northeast quarter of Section 30. Locust Grove Road is designated as a Urban Collector on the Functional Street Classification Map. This section of Locust Grove Road abutting the site is not currently programmed within ACHD's Five Year Work Program or Capital Improvement Program for roadway improvements. E. Will the proposed uses be designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and that such use will not change the essential character of the same area; The existing character of the area will, and is, currently changing, especially upon build-out of the proposed project and other similar subdivisions in the general vicinity. City Council finds that the proposed R-8 zoning and subsequent single- family residential uses proposed in the preliminary plat are consistent with the intended character of the vicinity, as depicted on the Future Land Use Map. City Council also finds that the proposed zoning/uses can be designed and constructed in a manner that will be harmonious with and appropriate in appearance with the existing and intended character of the surrounding area. Although there will be an impact of the subject development on the existing character of the area (agricultural), staff finds that the impact is consistent with the intended character of the area; a mix oflow and medium density residential. F. Will the proposed uses not be hazardous or disturbing to existing or future neighboring uses; City Council does not anticipate that the proposed residential uses will be hazardous as long as landscaping, fencing and the other conditions outlined in this report are complied with and construction traffic and house construction is conducted in a manner consistent with City Code. G. Will the area be served adequately by essential public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water, sewer or that the person responsible for the establishment of proposed zoning amendment shall be able to provide adequately any of such services; The applicant and/or future property owners will be required to pay park and highway impact fees as well as construct on-site storm water drainage facilities. Sanitary sewer and water service for this development will be from mains in Roseleaf and Chatsworth Subdivisions. The applicant shall be responsible for the extension of utilities to and through this proposed development. Sizing and routing shall be coordinated with the Public Works Department. On April 29, 2005, a joint agency/depm1ment comments meeting was held with representatives of key service providers to this property. The detailed comments and conditions from the Fire Department, Police Department, and other agencies/departments are at the end ofthis report. Based on the comments received from other agencies/departments, City Council finds that the public services listed above can be made available to accommodate the proposed development. H. Will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community; If approved, the developer will be financing the extension of sewer, water, public street infrastructure, utilities and irrigation services to serve the project. The primary public costs to serve the future residents will be fire, police, school facilities and services. City Council finds there will not be excessive additional requirements at public cost. Staff does not anticipate that the annexation and zoning will be detrimental to the community's economic welfare. I. Will the proposed uses not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; City Council recognizes that traffic and noise will increase with the approval of a development on this site; however, staff does not believe that the amount generated will be detrimental to the general welfare of the public. Traffic congestion is an ongoing issue for Meridian, the resolution of which is beyond the scope of this project. City Council does not anticipate that annexation and development in accordance with current city code and the Comprehensive Plan will create excessive noise, smoke, fumes, glare, or odors. J. Will the area have vehicular approaches to the property which shaD be so designed as not to create an interference with traffic on surrounding public streets; The applicant is proposing to construct one public street entrance into the site from Chats worth Subdivision (E. Mona Lisa Drive) and one public street entrance into the site from Roseleaf Subdivision (E. Palermo Drive). If vehicular approaches (streets) are approved and constructed in accordance with ACHD policy, staff does not believe that the subdivision will create interference with traffic on the surrounding public streets. Please review the ACHD report for this project for additional information regarding this finding. K. Will not result in the destruction, loss or damage of a natural or scenic feature of major importance; and City Council is not aware of any natural or scenic features that may be lost, damaged or destroyed with the approval ofthe subject applications. Staff recommends that the COlmnission and Council reference any public testimony that may be presented to determine whether or not the proposed development may result in the destruction, loss or damage of a natural or scenic feature(s) of importance of which staff is unaware. Any existing trees larger than 4" caliper that are removed should be mitigated for, per the Landscape Ordinance. L. Is the proposed zoning amendment in the best interest of the City of Meridian. (Ord. 592, 11-17-1992)? In accordance with the findings listed above, City Council finds that the annexation/zoning of this property, as proposed by the applicant, is in the best interest of the City. PRELIMINARY PLA T ANALYSIS Meridian City Code (MCC) 12-3-3 J.2 and 12-3-5 D read as follows: "In determining the acceptance of a proposed subdivision, the Commission/Council shall consider the objectives of this title and at least the following: A. The conformance of the subdivision with the Comprehensive Development Plan; See Annexation and Zoning Analysis "A" above. B. The availability of public services to accommodate the proposed development; City Council finds that public services are or will be available to acconunodate the proposed development. See Annexation and Zoning Analysis "0" above. C. The continuity of the proposed development with the capital improvement program; Because the developer is installing sewer, water, and utilities for the development at their cost, staff finds that a development on this property will not require the expenditure of capital improvement funds. D. The public financial capability of supporting services for the proposed development; The development will not require major expenditures for providing supporting services. (See finding "G" under Annexation and Zoning Analysis above, and the Agency Comments and Conditions at the end of this report for more detail.) E. The other health, safety or environmental problems that may be brought to the Commission's attention. City Council finds that there should not be any health, safety or environmental problems associated with this subdivision that should be brought to the Councilor Commission's attention; no hazardous natural features have been identified on the site. ACHD considers road safety issues in their analysis. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the Matter of a request for Annexation and Zoning Approval of 1.3 Acres from RUT (Ada County) to L-O (Limited Office) Zone for Touchmark Subdivision, by Touchmark of the Treasure Valley Case No(s): AZ-05-022 For the City Council Hearing Date of: June 28, 2005 A. Findings of Fact I. Hearing Facts a. A notice of a public hearing was published for two (2) consecutive weeks prior to the City Council public hearing, the first publication appearing and written notice mailed to property owners or purchasers of record within three hundred feet (300') of the external boundaries of the property. The notice of public hearing before the City Council was posted upon the property under consideration more than one week before said hearing. All other noticing was done consistent with Idaho Code g67- 6509. The matter was duly considered by the City Council at the June 28, 2005, public hearing(s). The applicant, affected property owners, and government subdivisions providing services within the plallilingjurisdiction of the City of Meridian were given full opportunity to express comments and submit evidence. b. Written and oral testimony was received on this matter, as reflected in the records of the City Clerk (for written testimony) and in the official meeting minutes (for oral testimony). c. The Planning and Zoning Commission conducted a public hearing and issued a written recommendation on the subject matter to the City Council. d. The City Council heard and took oral and written testimony and duly considered the evidence and the record in this matter. 2. Process Facts There has been compliance with all notice and hearing requirements set forth in Idaho Code g67-6509, 6512, and Meridian City Code gg 11-15-5 and 11-17-5 as evidenced by the Affidavit of Mailing, and the Affidavit of Publication and Proof of Posting filed with the staff report. 3. Application and Property Facts CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-05-022 - PAGE 1 of 4 a. In addition to the application and property facts noted in the staff report and the Planning & Zoning Recommendation for the subject application(s), it is hereby verified that the property owner( s) of record at the time of issuance of these findings is Touclunark of the Treasure Valley. 4. Required Findings per Zoning and Subdivision Ordinance a. See Exhibit D for the findings required for this application. B. Conclusions of Law I. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (LC. g67- 6503). 2. The Meridian City Council takes judicial notice of its Zoning, Subdivision and Development Ordinances codified at Titles 11 and 12, 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 August 6, 2002, Resolution No. 02-382 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code S 11-17-9. 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning and Zoning Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Legal Description in Exhibit A, the Site Plan dated 4/14/05 as shown in Exhibit B and the Site Specific and Standard Comments in Exhibit C. 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 9 12-3-5 and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The Site Specific and Standard Comments are as shown in Exhibit C. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-05-022 - PAGE 2 of 4 E. Notice of Final Action and Right to Regulatory Takings Analysis I. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. F. Exhibits Exhibit A: Legal Description Exhibit B: Site Plan (4/14/05) Exhibit C: Site Specific Comments Exhibit D: Zoning Amendment Findings By action ofthe City Council at its regular meeting held on the Q~ ,2005. I Z -/!::: day of COUNCIL MEMBER SHAUN WARDLE VOTED~ VOTED~ VOTED~ COUNCIL MEMBER CHRISTINE DONNELL COUNCIL MEMBER CHARLIE ROUNTREE COUNCIL MEMBER KEITH BIRD VOTED~ MAYOR TAMMY de WEERD (TIE BREAKER) ~ VOTED_ CITY OF MERIDIAN FINDINGS OF FACT, CONCL CASE NO(S). AZ-05-022 - PAGE 3 of 4 Copy served upon Applicant, The Planning and Zoning Department, Public Works Department and City Attorney. BY~ h (t,mJ)1\. ~ 0 M City Clerk's Office Dated: I-I ~- OS CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-05-022 - PAGE 4 of 4 EXHIBIT A Touchmark Subdivision AZ-05-022 Legal Description DESCRIPTION FOR ANNEXATION PARCEL FOR TOUCHMARK PLAZA SUBDIVISION MARCH 15,2005 A PARCEL OF LAND BEING A PORTION OF THE NW 1/4 OF SECTION 16 T. 3 N., R 1 E., B.M., MERIDIAN, ADA COUNTY, IDAHO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SECTION 16 T. 3 N., R. 1 W., B.M., THENCE S 89.28'47" E 1353.13 FEET ALONG THE NORTH LINE OF SAID SECTION 16 TO THE REAL POINT OF BEGINNING OF THIS DESCRIPTION; - THENCE S 00.21'56" E 496.26 FEET TO A POINT; THENCE S 79.29'58" E 117.09 FEET TO A POINT; THENCE N 00"21'56" W 516.55 FEET TO A POINT; THENCE N 89.28'47" W 115.00 FEET TO THE REAL POINT OF BEGINNING OF THIS DESCRIPTION, CONTAINING 1.34 ACRES MORE OR LESS. WAYNE K. BARBER G~~~vt7f~ ,:r,c'~ ~~~ilc 408 ] Q-annex.doc EXHIBIT B Touchmark Subdivision AZ-05-022 Site Plan C-G FRANKLIN ROAD EXHIBIT C Touchmark Subdivision AZ-05-022 Annexation and Zoning Comments ANEXATION & ZONING COMMENTS I. The subject property is within the Urban Services Planning Area. The legal description submitted with the application (dated 3-17-05, stamped by Wayne K. Barber) shows the property as contiguous to the existing corporate boundary of the City of Meridian. The Public Works Department has confirmed that the submitted legal description meets the requirements of the City of Meridian and the Idaho State Tax Commission. 2. Any future subdivision and/or development of this property shall comply with the City of Meridian ordinances in effect at the time. 3. Prior to the annexation ordinance approval, a Development Agreement (DA) shall be entered into between the City of Meridian, property owner (at the time of annexation ordinance adoption), and the developer. The aoolicant shall contact the Citv Attornev Bill Narv at 888-4433 to initiate this orocess. The DA shall incorporate the following: · That the applicant will be responsible for all costs associated with the sewer and water service extension, Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service, per City Ordinance Section 5-7-517, when services are available from the City of Meridian. Wells may be used for non-domestic purposes such as landscape irrigation. · That the subject property shall be included in a future detailed Conditional Use Permit application prior to development of the site. · That the applicant agrees to provide cross-access to the adjacent parcels to the east, south and west, prior to issuance of a Certificate of Zoning Compliance (CZC) permit for any future use. · The existing domestic well and access drive to Franklin Road may remain and be utilized by the residents of the property until such time that the parcel is redeveloped as a part of a commercial development. OTHER AGENCY/DEPARTMENT COMMENTS MERIDIAN FIRE DEPARTMENT COMMENTS I. Acceptance of the water supply for fire protection will be by the Meridian Fire Department and water quality by the Meridian Water Department for bacteria testing. 2. Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 412" outlet face the main street or parking lot aisle. b. The Fire hydrant shall not face a street which does not have addresses on it. c, Fire hydrant markers shall be provided per Public Works spec. d. Locations with fire hydrants shall have the curb painted red 10' to each side of the hydrant location. e. Fire Hydrants shall be placed on corners when spacing permits. f. Fire hydrants shall not have any vertical obstructions to outlets within 10'. g. Fire hydrants shall be place 18" above finish grade. h. Fire hydrants shall be provided to meet the requirements of the IFC Section 509.5. 3. The phasing plan may require that any roadway greater than 150' in length that is not provided with an outlet shall be required to have an approved turn around. 4. All entrance and internal roads shall have a turning radius of28' inside and 48' outside radius. 5. Provide a 20' wide Fire Lane for all internal roadways all roadways shall be marked in accordance with Appendix D Section Dl03.6 Signs. 6. Fire lanes and streets shall have a vertical clearance of 13'6". This includes mature landscaping. 7. Operational fire hydrants, temporary or permanent street signs and access roads with an all weather surface are required before combustible construction is brought on site. 8. The roadways shall be built to Ada County Highway Standards cross section requirements and shall have a clear driving surface, available at all times, which is 20' wide. Streets with less than a 29' street width shall have no parking. Streets with less than 33' shall have parking only on one side. These measurements shall be based on the face of curb dimension. 9. Commercial and office occupancies will require a fire-flow consistent with the International Fire Code to service the proposed project. Fire hydrants shall be placed per Appendix D. 10. The office/commercial lot will have an unknown transient population and will have an unknown impact on Meridian Fire Department call volumes. The Meridian Fire Department has experienced 2612 responses in the year 2004. According to a report completed by Fire & Emergency Services Consulting Group our requests for service are projected to reach 2800 in the year 2005 and 3800 by the year 2010. 11. Maintain a separation of 5' from the building to the dumpster enclosure. 12. Provide a Knoxbox entry system for the complex prior to occupancy. 13. The applicant shall work with Planning Department staff to provide an address identification plan including a pylon/monument sign at the required intersection(s). 14. The Fire Dept. has concerns about the ability to address the project and have the addresses visible from the street which the project is addressed off of. Please contact Joe Silva (888-1234) to address this concern prior to the public hearing. 15. All portions ofthe buildings located on this project must be within 150' of apaved surface as measured around the perimeter of the building. 16. Provide exterior egress lighting as required by the International Building & Fire Codes. 17. Where a portion of the facility or building hereafter constructed or moved into or within the jurisdiction is more than 400 feet (122 m) from a hydrant on a fire apparatus access road, as measured by an approved route around the exterior of the facility or building, on-site fire hydrants and mains shall be provided where required by the code officiaL For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2 the distance requirement shall be 600 feet (183). a. For Group R-3 and Group U occupancies, the distance requirement shall be 600 feet (183 m). b. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2, the distance requirement shall be 600 feet (183 m). 18. There shall be a fire hydrant within 100' of all fire department connections. 19. Buildings over 30' in height are required to have access roads in accordance with Appendix D Section D105. MERIDIAN PARKS DEPARTMENT COMMENTS I. The Parks Department has no concerns with the site design as submitted with the application. SANIT AR Y SERVICES COMMENTS 1. SSC has no comments related to this application. EXHIBIT D Touchmark Subdivision AZ-05-022 Required Findings ANNEXATION & ZONING ANALYSIS According to Ordinance 11-15-11, General Standards Applicable to Zoning Amendments, both the P&Z Commission and Council are required "to review the particular facts and circumstances of each proposed zoning amendment in terms of the following standards and shall find adequate evidence answering the following questions about the proposed zoning amendment." The following is the list of standards found in 11-15-11 and analysis by staff; A. Will the new zoning be harmonious with and in accordance with the Comprehensive Plan and, if not, has there been an application for a Comprehensive Plan amendment; The current Comprehensive Plan Land Use Map designates the property as "Mixed Use Community". City Council finds that if the property is developed as part of the previously approved commercial office uses, the application is in accordance with the Comprehensive Plan. The purpose of the mixed use designation in the Comprehensive Plan "is to identify key areas which are either infill in nature or situated in highly visible or transitioning areas of the city where ilU10vative and flexible design opportunities are encouraged. The intent of this designation is to offer the developer a greater degree of design and use flexibility." Thus City Council finds that the anticipated use of the site is in hannony with the intent of the Comprehensive Plan designation. B. Is the area included in the zoning amendment intended to be rezoned in the future; City Council does not anticipate that the applicant plans to rezone the subject property in the future if the subject annexation/zoning is approved, as the anticipated office uses may be allowed in the requested L-O zone. Please see Finding "C". C. Is the area included in the zoning amendment intended to be developed in the fashion that would be allowed under the new zoning -for example, a residential area turning into a commercial area by means of conditional use permits; City Council finds that professional offices, laboratories, libraries and medical clinics would be permitted uses within the requested L-O zone. As mentioned above, however, there is no detailed development plan proposed at this time. Staff recommends that a Development Agreement should be executed between the applicant and the City of Meridian that will require that the subject property is included in a future detailed Conditional Use Pennit application prior to development of the site. D. Has there been a change in the area or adjacent areas which may dictate that the area should be rezoned. For example, have the streets been widened, new railroad access been developed or planned or adjacent area being developed in a fashion similar to the proposed rezone area; The City of Meridian annexed the properties to the south, east and west on May 15,2001 (Ordinance No. 01-917) and approved a conditional use permit (File No. CUP-99-039) for the applicant to develop the property into a mixed-use retirement community consisting of a large number (700-750) of various types of residential dwelling units (singl e- famil y/townhouse/multi - famil y/ assisted-living etc...), medical offices, commercial/retail businesses and a senior community center. E. Will the proposed uses be designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and that such use will not change the essential character of the same area; City Council finds that the proposed annexation will not adversely change the existing (mixed use) or intended (mixed use) character of the general vicinity. The proposed project boundary is surrounded on all sides by other property owned by Touchmark for the Meadow Lake Village project and is in harmony with the approved conceptual plan for the project. Any impacts of the annexation will likely be restricted to existing and future phases of the Meadow Lake Village project itself. The applicant will be required to construct, operate and maintain future buildings in accordance with City Code. City Council further finds that the proposed office zone/use will change the existing character of the area, but that the proposed zone and future usee s) should be harmonious and appropriate in appearance with the character of the overall area, including the previously approved Touchmark development. Staff finds that any future uses, if designed, constructed and operated in accordance with adopted city ordinances, should be harmonious and appropriate in appearance with the intended character of the vicinity. F. Will the proposed uses not be hazardous or disturbing to existing or future neighboring uses; The land to the north of Franklin Road is currently zoned C-G and is anticipated to be developed in a fashion similar to other commercial properties in the vicinity. Staff does not anticipate that the requested L-Q zoning designation will adversely impact any properties in the area. G. Will the area be served adequately by essential public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water, sewer or that the person responsible for the establishment of proposed zoning amendment shall be able to provide adequately any of such services; Sanitary sewer and water are currently available to this parcel and the applicant will be responsible for all costs associated with the sewer and water service extension. The applicant and/or future property owners will be required to pay any applicable park and highway impact fees as well as construct on-site storm water drainage facilities. On May 13, 2005, a joint agency/department comments meeting was held with representatives of key service providers to this property. Based on the joint agency/department meeting and other comments received from agencies/departments, City Council finds that the public services listed above can be made available to accommodate the proposed development. H. Will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community; If approved, the developer will be financing the extension of sewer, water, local street (driveways) infrastructure, utilities and irrigation services to serve the project. Other required site improvements will be funded and constructed by the developer through the CUP and CZC approval process. The primary public costs to serve the future uses will be fire and police facilities and services. City Council finds there will not be excessive additional requirements at public cost and that the proposed zoning and subsequent development will not be detrimental to the community's economic welfare. I. Will the proposed uses not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glafe Of odors; City Council finds that any future uses on this site will generate additional traffic on adjacent roadways above and beyond the existing residence. The level of impact will depend upon the type of future use(s) and the square footage constructed. City Council recognizes that traffic and noise will increase with the approval of this development; however, due to the size of the site, City Council does not believe that the amount generated will be detrimental to the general welfare of the public. The purpose of the L-O zone is to "permit the establishment of groupings of professional, research, executive, administrative, accounting, clerical, stenographic, public service and similar uses.. . shall not involve heavy testing operations of any kind or product manufacturing of such a nature to create noise, vibration or emissions of a nature offensive to the overall purpose of this District." (MCCI1-7-2.G) As such, City Council does not anticipate future uses will create smoke, fumes, glare, or odors that will be detrimental to the general welfare of persons or property in the area. Staff does not anticipate the proposed annexation and subsequent use(s) will create excessive noise, smoke, fumes, glare, or odors. City Council finds that the proposed office zoning/use should not be detrimental to people, property or the general welfare ofthe area. J. Will the area have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public streets; This parcel has a limited amount of frontage on Franklin Road. To help future traffic flows in this area, staff believes that access to Franklin Road should be eliminated upon annexation and the parcel should take access off of a future interior road within the Touchmark development. Cross access between the subject property and the adjacent properties within Touchmark Subdivision should be required. Staff believes that the proposed uses (and access) should not be hazardous to neighboring uses or traffic flows. Further, City Council finds that the least amount of interference to traffic on the surrounding public streets will occur if the subject property is prohibited from taking direct lot access to Franklin Road once redevelopment of the site occurs. K. Will not result in the destruction, loss or damage of a natural or scenic feature of major importance; and City Council is unaware of any natural of scenic features of major importance on this site and finds that no natural or scenic features of major importance will be lost or damaged by approving the annexation and zoning application. Any existing trees larger than 4" caliper that are removed shall be mitigated for, per the Landscape Ordinance. L. Is the proposed zoning amendment in the best interest of the City of Meridian. (Ord. 592, 11-17-1992)" The legal description submitted with the application, prepared by Briggs Engineering, shows that the property is contiguous to the existing corporate boundary of the City of Meridian. The lands directly north, south, east and west of the subject property have previously been annexed into the City and this is an addition to the City. In accordance with the findings listed above, Citv Council finds that the annexationlzoninlo! of this property would be in the best interest of the Citv. BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE APPLICATION OF DAVID BOHECKER TO AMEND CONDITIONS OF PLAT APPROVAL, SPECIFICALLY THE REQUIREMENT TO ALLOW MUNICIPAL WATER AS THE PIDMARY SOURCE FOR THE PRESSURIZED IRRIGATION SYSTEM LOCATED ON THE SOUTHWEST CORNER OF EAST PINE AVE AND NOLA ROAD IN THE SW ~ OF T. 3N., R. IE., SECTION 8 C/C June 28, 2005 CASE NO. MI-05-006 ORDER OF CONDITIONAL APPROVAL OF MISCELLANEOUS APPLICATION This matter coming before the City Council for Miscellaneous Application approval pursuant to Meridian City Code g 12-3- 1. B to amend conditions of plat approval, specifically the requirement to allow municipal water as the primary source for the pressurized irrigation system for David Bohecker, and the Council finding that the Administrative Review is complete from Michael Cole, Development Services Coordinator, for the Public Works Department, dated: Hearing Date: IT IS HEREBY ORDERED THAT: June 28,2005 to the Mayor and Council, the council takes the following action: ORDER OF CONDITIONAL APPROVAL OF MISCELLANEOUS APPLICATION TO AMEND CONDITIONS OF PLAT APPROVAL, SPECIFICLL Y THE REQUIREMENT TO ALLOW MUNICIPAL WATER AS THE PRIMARY SOURCE FOR THE PRESSUIRZED IRRIGATION SYSTEM FOR DAVID BOHECKER (MI-05-006) ~f3 I. The subject application by David Bohecker, is approved subject to those conditions of Staff comments as set forth in the memorandum to the Mayor and City Council, Michael Cole, Development Services Coordinator, for the Public Works Department, dated: Hearing Date: June 28,2005 listing one Condition of Approval, a true and correct of which is attached hereto marked Exhibit "A'\ and consisting of two pages, and by this reference incorporated herein, and the letter from Nampa and Meridian Irrigation District, a true and correct copy of which is attached hereto marked Exhibit "B" and consisting of 1 page, and by this reference incorporated herein. 2. The Record of Survey (RGS) upon which there is contained the certificate and signature of the City Engineer verifying that the drawing meets the City's requirements shall be signed only at such time as: I. The ROS dimensions are approved by the City Engineer and; 2. The City Engineer has verified that all off-site improvements are completed and/or the appropriate letter of credit or cash has been issued guaranteeing the completion of off-site and required on-site improvements. NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAKINGS ANALYSIS The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City ORDER OF CONDITIONAL APPROVAL OF MISCELLANEOUS APPLICATION TO AMEND CONDITIONS OF PLAT APPROVAL, SPECIFICLL Y THE REQUIREMENT TO ALLOW MUNICIPAL WATER AS THE PRIMARY SOURCE FOR THE PRESSUIRZED IRRIGATION SYSTEM FOR DAVID BOHECKER (MI-05-006) P:le:e 2 of 3 Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatOlY takings analysis will toll the time period within which a Petition for Judicial Review may be filed. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code ~ 67-652] . An affected person being a person who has an interest in real property which may be adversely affected by this decision may, within twenty-eight (28) days after the date of this decision and order, seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. By action ofthe City Council at its regular meeting held on the 2 <6~ day of '~~J ,2005. William G. Berg, Jr., Cit Cle is l Copy served upon Applicant, the pi~ Ci~ey. By. (). m A 1\ 0 oSVU City Clerk's Office J l,f}iiment, Public Works Department, and Dated: '1-l1-05 ORDER OF CONDITIONAL APPROVAL OF MISCELLANEOUS APPLICATION TO AMEND CONDITIONS OF PLAT APPROVAL, SPECIFICLL Y THE REQUIREMENT TO ALLOW MUNICIPAL WATER AS THE PRIMARY SOURCE FOR THE PRESSUIRZED ffiRIGATION SYSTEM FOR DAVID BOHECKER (MI-05-006) Page 3 of3 MAYOR Tammy de Ween:! \' V ~.>. IDAHO If} ~C~, j?'Y ";f;;!!:'!J~fi :<-'1 f) ~ rr~~&~ CITY HALL (208) 888-4433 - Fax 887-4813 PUBLIC WORKS BUILDING DEPARTMENT (208) 887-22 II - Fax 898-955 J LEGAL DEPARTMENT (208) 888-4433 CITY COUNCIL MEMBERS Keith Bird Christine Donnell ShaUll Wardle Charles M. Rountree MEMORANDUM: Transmittal Date: June 2], 2005 City Council Hearing Date: June 28, 2005 To: Mayor and City Council From: Michael Cole, Development Services CoordinatorM c. Subject: Nola Subdivision, MI · Request to amend conditions of plat approval, specifically the requirement to allow municipal water as the primary source for the pressurized irrigation system in Nola Subdivision. Staff has reviewed the above referenced submittal and offers the following comments. APPLICATION SUMMARY & HISTORY The applicant, David Bohecker, is requesting a waiver from item #7 of the plan review checklist, regarding Irrigation System and Operation and Maintenance. Nola Subdivision preliminary/final plat was approved for four building lots. Staff is recommending approval of this request with the conditions included herein. LOCATION & SURROUNDING USES The subject property is located on the southwest corner of the intersection of East Pine Avenue and North Nola Road. It is located in the NW ~, SW ~ of Section 8, Township 4 North, Range 1 East. The following uses surround the subject building site: North: One (1) parcel, totaling approx. 4.8 acres (zoned I-L, City of Meridian), and one (1) parcel, totaling approx. 1.5 acres (zoned RUT, Ada County). South: One (1) parcel, totaling approx. 7.7 acres (zoned I-L, City of Meridian). MI-OS-006 Exhibit "A" Page 1 East: One parcel (1) parcel, totaling approx. 4.9 acres, containing Crossroads Middle School (zoned T-E, City of Meridian), and one (1) parcel, totaling approx. 14.8 acres (zoned RUT, Ada County.) West: Railside Park Subdivision, including: one parcel (1) parcel, totaling approx. 1.2 acres (zoned I-L, City of Meridian), one (1) parcel, totaling approx. 1.4 acres (zoned I-L, City of Meridian), and one (1) parcel, totaling approx. 1.4 acres (zoned I-L, City of Meridian.) OWNER OF RECORD The current property owner, Howard Anderson, has submitted notarized consent for David Bohecker to submit the subject application. STAFF ANALYSIS The applicant is required per Meridian City Code to provide underground pressurized irrigation to all lots in a new subdivision. All irrigation systems must use non-potable water for the primary source if deemed to be available. The applicant has submitted a letter Nampa and Meridian Irrigation district stating that there is inadequate water available to this subject property due to existing agricultural uses upstream. John Anderson has stated in his letter that a regional pump station is planned in the near future and this property's irrigation system shall be eligible to be included. SITE SPECIFIC CONDITIONS OF APPROVAL 1. The applicant shall install a pressurized irrigation system using potable water as its main source. The system shall be designed to Nampa and Meridian Irrigation District Standards, and be designed to facilitate a future hook up to the regional system that is being planned, according to John Anderson. Per MCC 12-5-2-N-4 the applicant shall be responsible to pay a one time well development fees for each lot in the subdivision that is being served by this system, the fee is currently $865.61 as of October 1 st, 2004. This fee is adjusted upward annually on October 1 st, based on the Wall Street Prime Interest Rate on that date. RECOMMENDATION Staff recommends approval of MI 05-006 application with the above stated comments and conditions. MI-05-006 Exhibit "A" Page 2 FROH : FAX NO. ; 2083423342 JUN. 1.2005 3: 02Pt'l NAMPA MERIDIAN IRR J un. 02 2005 08: 04Ar'1 P 1 NO.015 P. 2/2 ~,,~ ~ 'D/4t1tUt 1503 FIRST mm SOIJ'l'H NAMI'A, IDAHO 83651 -4395 PAX It 208..1\63.0092 VIA FACSIMlLB IU1d MAlL 1 June, ~5 Anae11l. Conrilh BnglnalJ1'lng WIth A Millaion 1523 W, Hays Boise ID 83702 PhonS9: Are~ C* :i:oa OfFICE: NcmpCl 466-7861 SHOP: Nompa 6660Q663 RE: NollI SubdMstOh Del\" Angola: I am writing this letter, it YOU1' fe qum, bued flU yom- I\4ay 131 2005 letter regardmg pressuri2ed urban . :r::=rnor:~~:~~=r=:aO~~b:~~~t~~:: ::=~::IOf being fmmld llnd utilizing ~ full head. I.t WQu14 be my rocommenclation, if the City of MW4iftU would SO alanl wiUt itl 1.& thllt you dry linD, Y oq wauld !1f:ed to enter into l!. oontrMt with N~ & MerldilUt lrttptJ.OT). Di.s* ferr a. roIS Qon1:tact UM dry lino yQU1' anw IiIQl1th of the raihoad tm.cks. Having tbat iJ1 rtrlrId, the seventy" (70) Il(!fel d!reotl~ lauth of that lJ plllM.fld to be developed., by Doug Tamara. in approximately the t1bXt YOI\1' to yaar and "half. Thny pl4l:1 on hutlllling a regional pnmp station which Nawpa. &; MorifUIlI'I1tt.'Iption Diett1ct would OVYD, operate and tnainmin, This would prevent It bunch ofmirtiature P1.\tl1p 'talion. b:I. the tllUnC ~llllocation. Please feel free to conmOt; me if you feol :f\!tth"r &.cUl.ion ill required, S~:Jf!~. ~;, Andenon Water Superintlande:tt NAMPA & MSR.tOIAN WUGATION DISTRICT JPA/Q.~i c: Board nfnlfoctorJ ~llWy!r'roasurcr .MBt. Ww S~orit\ttMent A, Ounbergcr Ted Clinton 1Ud4:! BNce F~ckWo1l, OitY o!Mbidian . ,,~~ bhinll"ll" mROXlMAT~ Il4R1GAJ~ ACR~S RM!~ flOW RIGHTS. 23,000 BOIse PflOS~cr RJ~& . 40,000 BEFORE THE MERIDIAN CITY COUNCIL C/C June 28, 2005 IN THE MATTER OF THE APPLICATION OF KEVIN HOWELL CONSTRUCTION FOR FINAL PLA T APPROVAL OF 44 SINGLE-FAMILY RESIDENTIAL BUILDING LOTS AND 1 COMMON LOT ON 10.39 ACRES IN AN R-8 ZONE LOCATED NORTH OF MCMILLAN ROAD AND EAST OF TEN MILE ROAD IN A PORTION OF THE EAST 'it OF THE SW ~ OF T. 4N., R. lW., SECTION 26 CASE NO. FP-05-035 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT This matter coming before the City Council for Final Plat approval pursuant to Meridian City Code 9 12-3-7 on June 28,2005, and the Council finding that the Administrative Review is complete from Sonya Allen, Assistant City Planner for the Planning and Zoning Department, and Michael Cole, Development Services Coordinator for the Public Works Department, dated: Hearing Date: June 28,2005, to the Mayor and Council, and the Council having considered the requirements ofthe preliminary plat the Council takes the following action: IT IS HEREBY ORDERED THAT: 1. The Final Plat of "PLA T SHOWING FULFER SUBDNISION NO.7 LOCATED IN A PORTION OF THE EAST 12 OF THE SW ~ OF T. 4N., R. IW., SECTION 26, BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO 2005, ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR FULFER SUBDNISION NO. 7/ (FP-05-035) Page 1 of4 HANDWRITTEN DATE: 05/17/05, SHEET 1 OF 2, J-U-B ENGINEERS, INC.", KEVIN HOWELL CONSTRUCTION, Developer, is Conditionally Approved subject to those conditions of Staff comments as set forth in the Memorandum to the Mayor and City Council from Sonya Allen, Assistant City Planner for the Planning and Zoning Department and Michael Cole, Development Services Coordinator for the Public Works Department, dated: Hearing Date: June 28,2005, listing 14 SITE SPECIFIC REQUIREMENTS/FINAL PLAT and 14 GENERAL REQUIREMENTS, a true and correct copy of which is attached hereto marked Exhibit "A", and consisting of 5 pages, and by this reference incorporated herein, and the response letter from J-U-B Engineers, Inc., a true and correct copy of which is attached hereto 2. marked Exhibit "B" and consisting of I page, and by this reference incorporated herein, and an additional response letter from J-U-B Engineers, Inc., a true and correct copy of which is attached hereto marked Exhibit "C", and by this reference incorporated herein, and the additional requirements from the action of the Council taken at their June 28, 2005 meeting as follows, to-wit: 1.1 Adopt the Recommendation of the Central District Health Department as follows: The Central District Health requires after written approval from the appropriate entities are submitted, they can approve this proposal for central sewage and central water; that plans must be submitted to and approved by the Idaho Department of Health and Welfare, Division of Environmental Quality for central sewage and central water; that run-off is not to create a mosquito breeding problem; and it is ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR FULFER SUBDIVISION NO. 7/ (FP-05-035) Page 2 of 4 suggested that the stonnwater be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality; that engineers and architects should obtain current best management practices for stonnwater disposal and design a stormwatermanagement system that is preventing groundwater and surface water degradation. Manuals for guidance: 1. State of Idaho Catalog of Stormwater Best Management Practices for Idaho Cities and Counties. Prepared by the Idaho Division of Environmental Quality, July 1997. 2. Stormwater Best Management Practices Guidebook. Prepared by City of Boise Public Works Department, May 2000. 2. The final plat upon which there is contained the Certification and signature of the City Clerk and the City Engineer verifying that the plat meets the City's requirements shall be signed only at such time as: I. The Plat dimensions are approved by the City Engineer; and 2. The City Engineer has verified that all off-site improvements are completed and/or the appropriate letter of credit or cash has been issued guaranteeing the completion of off-site and required on-site improvements. NOTICE OF FINAL ACTION AND RIGHT TO REGULA TORY TAKINGS ANALYSIS The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A ORDER OF CONDITIONAL APPROVAL OF FINALPLA T FOR FULFER SUBDIVISION NO. 7/ (FP-05-035) Page 3 of4 request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code S 67 -6521. An affected person being a person who has an interest in real property which may be adversely affected by this decision may, within twenty-eight (28) days after the date ofthis decision and order, seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held on the 2.3~ day of ~J f'lf' , 2005. \. ';: Copy served upon Applicant, the Pla~h City Attorney. By:, -Jili f\\ t'Y\.. ~I\ ~ I f"'- I City Clerk's Office Dated: "1 ~, l-OS ORDER OF CONDITIONAL AFPROY AL OF FINAL PLAT FOR FULFER SUBDNISION NO. 7/ (FP-05-035) Page 4 of 4 MA YOR Tammy de Weerd PUBLIC WORKS BUILDING DEPARTMENT (208) 898-5500 . Fax (208)898-955] PLANNING AND ZONING DEPARTMENT (208) 884-5533 . Fax 888-6854 CITY COUNCIL MEMBERS Keith Bird Christine Donnell Shaun Wardle Charles M. Rountree STAFF REPORT: Hearing Date: June 21, 2005 Transmittal Date: June 10, 2005 To: Mayor, City Council and Planning & Zoning Commission From: Sonya Allen, Assistant City Planner J-1 Michael Cole, Development Services Coordinator (Y\ c.. Re: Fulfer Subdivision No.7 Final Plat approval of Forty-four (44) Single-Family Residential Building Lots and One (1) Common Lot on 10.39 Acres in an R-4 Zone, by Kevin Howell Construction (File No. FP-05-035). We have reviewed the above referenced submittals and offer the following comments, as conditions of approval. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: APPLICATION SUMMARY & LOCATION The applicant, Kevin Howell Construction, has applied for Pinal Plat approval of 44 single- family residential building lots and 1 common lot on 10.39 acres of land for Fulfer Subdivision No.7. The current zoning designation for the proposed subdivision is R-4 (Low Density Residential). This subdivision will have a gross density of 4.2 d.u./acre and a net density of 5.7 d.u./acre. This phase was preliminary platted under the name of Lochsa Falls Subdivision. Mr. Howell purchased the property from the Lochs Falls developer and intends to develop it in compliance with the approved preliminary plat. Fulfer Subdivision No.7 is located approximately y,; mile east ofN. Ten Mile Road and y,; mile north ofW. McMillan Road in the SW ~ of Section 26, TAN., R.l W. The common area within this subdivision consists of a short pedestrian pathway. The pressurized irrigation system within this development will be owned and maintained by Settler's Irrigation District. A Conditional Use Permit/Planned Development was approved for the proposed subdivision which allowed for reductions to the minimum requirements for lot size (from 8,000 s.f. to 6,500 FP-05-035 Exhibit "A" Fulfer Sub7 FP.doc Mayor & City Council Hearing Date: June 21,2005 Page 2 s.f.), lot frontage (from 80-ft. to 60-ft.), setbacks (side setback 7-ft. for 2-story and 15-ft. for non-front entry garages), and house size. It also allowed for blocks within the subdivision to exceed the maximum block length of 1,000 feet. The submitted final plat substantially complies with the approved preliminary plat for this subdivision. Staff recommends approval of the final plat for Fulfer Subdivision No.7 with the comments and conditions stated in this report. SITE SPECIFIC COMMENTS / FINAL PLAT 1. Applicant is to meet all terms of the approved conditional use permit (CUP-02-012), preliminary plat (PP-02-009) and Development Agreement (Inst. No's. 103012598 & 104022054). 2. The applicant has indicated that the Settler's Irrigation District will own and maintain the pressure irrigation system within this development. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. If a creek or well source is not available, a single-point connection to the municipal water system shall be required. If a single-point connection is utilized, the developer shall be responsible for the payment of assessments for the common areas prior to signature on the final plat by the Meridian City Engineer. 3. Fencing must be in compliance with MCC 12-4-10. 4. Temporary construction fencing shall be installed along the eastern and western boundaries of this phase unless permanent fencing already exists at the subdivision boundary. 5. Sanitary sewer service to this site shall be via extensions from existing mains. Applicant shall be responsible to construct the sewer mains to and through this proposed development, thereby making them available to adjacent properties. Subdivision designer to coordinate main sizing and routing with the Public Works Department. Applicant shall execute City of Meridian standard fonns of easements, for any mains that are required to provide service. Cover over sanitary sewer mains shall be no less than 3- feet from finish grade to the top of the pipe. If cover is less than 3-feet from the sub- grade to the top of pipe, alternate pipe materials shall be used per the Meridian Public Works Department's Standard Specifications. 6. Water service to this site is being proposed via an extension of water mains located in existing phases of this development. The applicant shall construct water mains to and through this proposed development. Applicant shall execute City of Meridian standard forms of easements, for any mains that are required to provide service. Coordinate main size and routing with Public Works. FP-05-035 Exhibit "A" Fulfer Sub7 FP.doc Mayor & City Council Hearing Date: June 21, 2005 Page 3 7. Complete the Certificate of Owners and accompanying Aclmowledgment prior to signature on the final plat. 8. Lots 6, 17, 18; Block 25 do not meet the minimum street frontage of 60 feet, the applicant shall make the necessary adjustments to conform. 9. Graphically depict an 8-foot wide Public Utilities, Drainage, and Irrigation easement on the north boundary of Lot 2, Block 25. The extra width is necessary to accommodate an irrigation main. 10. Graphically depict a 5-foot wide easement on the following lots. They will interior side lot lines to existing phases. a) West boundary of Lot 2, Block 26 b) West boundary of Lot 12, Block 15. c) East boundary of Lot 19, Block 15. d) East boundary of Lots 10, 11, Block 26. e) East boundary of Lot 18, Block 25. 11. Complete book and page number of adjacent recorded plat. 12. Revise or add the following notes on the face ofthe plat dated 5/17/05: (10.) "Lot 11 Block 25 shown hereon is a non-buildable common lot and shall be owned and maintained bv the homeowners association. Fencinf! adjacent to this lot shall be no Q:feater than 4-ft. in heif!ht if constructed of a solid sif!ht obscurinf! material or 5-ft. in heif!ht if constructed of a non-sif!ht obscurinf! material." 13. Please submit all updated groundwater/soils monitoring data to the Public Works Department for review. The project engineer should pay close attention to the results of field studies determining the groundwater, soil type & and characteristics during the design and construction phases. The engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established normal groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least I-foot above. 14. Staffs failure to cite specific ordinance provisions or terms of the approved preliminary plat, conditional use permit or development agreement does not relieve the Applicant of responsibility for compliance. FP.05-035 Exhibit "A" Fulfer Sub7 FP.doc Mayor & City Council Hearing Date: June 21, 2005 Page 4 GENERAL REOUIREMENTS 1. All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per City Ordinance 12-4-13. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or non-approval submitted to the Public Works Department. If lateral users association approval can't be obtained, plans will be reviewed and approved by the meridian City Engineer prior to final plat signature 2. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells may be used for non-domestic purposes such as landscape irrigation. 3. One hundred watt, high-pressure sodium streetlights will be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. Pinal design locations and quantity are determined after power designs are completed by Idaho Power Company. The street light contractor shall obtain design and permit from the Public Works Department prior commencing installations. 4. Any tree over 4" in caliper that is removed from the property shall be replaced by installing additional trees, being the equivalent number of caliper inches of trees that were removed. Required landscaping trees will not be considered as replacement trees for those trees that have to be removed. 5. Applicant shall be responsible for application and compliance with any Section 404 Pennitting that may be required by the Army Corps of Engineers. 6. Applicant shall be responsible for application and compliance with and NPDES Pennitting that may be required by the Enviromnental Protection Agency. 7. Street signs are to be in place, water system shall be approved and activated, fencing installed, drainage lots constructed, road base approved by the Ada County Highway District and the Pinal Plat for this subdivision shall be recorded, prior to applying for building pennits. 8. All development improvements, including sewer, fencing, micro-paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy. 9. A letter of credit or cash surety in the amount of 110% will be required for all fencing, landscaping, amenities, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the final plat. FP-05-035 Exhibit "A" Fulfer Sub7 FP.doc Mayor & City Council Hearing Date: June 21, 2005 Page 5 10. Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to signature on the final plat per Resolution 02-374. 11. Developer shall coordinate mailbox locations with the Melidian Post Office. 12. Compaction test results must be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 13. Coordinate fire hydrant placement with the City of Meridian's Public Works Department. 14. All development features shall comply with the Americans with Disabilities Act and the Fair Housing Act. STAFF RECOMMENDATION Staff recommends approval of the final plat for Fulfer Subdivision No.7 with the above stated comments and conditions. FP-05.035 Exhibit 'W' Fulfer Sub7 FP.doc -,..08/27/2005 15: 17 F P,X 208323833l "il' . ::: ... @001/001 .----- ("" d-U-B ~ ~ June 27,2005 J~U~B ENGINEERS, Inc. ENGINEERS. SURVEYORS. PLANNERS Regional Office 250 South Beechwood Avenue. Suite 201 Boise. 10 83709-0944 208-376-7330 Fax: 208-323-9336 'NWW.jub.com Sonya Allen City of Meridianj Planning and Zoning Dept. 660 E. Watertower Lane, Suite 200 Meridian, 10 83642 RE: Fulfer Subdivision No. 6 ft 7 - PLat ReVIew Comments Dear Sonya: With regard to the Lot frontages within FuLfer 6 and 7, we are making the required changes to maintain the minimum frontages as detailed in your staff report dated June 10, 2005 and further clarified in your email totheundersigneddatedJune21.2005.rwilL transmit the revised final plats under separate cover. Thank you for your attention to this matter. Please inform the council that we are in agreement with the conditions of approval as noted above and have modified the plat accordingly. Sincerely, J-U-B ENGINEERS, Inc. ~~ Daren Fluke, AICP Project Planner F:\ProjectManagers\GAl\tO.05.G40 . Fulfer SUbdlvf510n No. 7'llO.05-040.Admin\City l-tr 6.27.05.doc Exhihil nIl" @- ( 08/21/2005 13:25 FAX 208323933L @004/006 ------- ("" J-U-S A ~ June 21, 2005 J-U-B ENGINEERS. Inc. _ENGINEERS . SURVEYORS. PLANNERS Regional Office 250 Soulh BeeChwood Avenue, Suite 201 Boise, ID 83709-D94~ 208-376-7330 Fax; 20B-:m~-9336 www.jub.com Sonya Allen City of Meridian) Planning and Zoning Dept. 660 E.. Watertower Lane. Suite 200 Meridian. 1083642 RE: Fulfer Subdivision No.7 - Plat Review Comments Dear Sonya: We have received your plat review comments dated June 10, 2005, for the above-referenced proje~t. With regard to the Site Specific comments contained therein. please accept the following: SITE SPECIFIC CO/tM\ENTS / FINAL PLAT 1. Applicant is to meet all terms of the approved conditional use permit (CUP-02-012). preliminary plat (PP-02-009) and Development Agreement (Inst. No's. 103012598 & 104022054). Duly noted. 2. The applicant has indicated that the Settler's Irrigation District will own and maintain the pressure irrigation system within this development. The City of Meridian requires that pressurized irrigation systems be supplied by a year~round source of water. If a creek or well source is not available, a single-point connection to the municipal water system shall be required. If a single-point connection is utilized, the developer shall be responsib~e for the payment of assessments for the common areas prior to signature on the final plat by the Meridian City Engineer. . Duly noted. 3. Fencing must be in compliance with MCC 12-4-10. Duly noted. 4, Temporary construction fencing sha.ll be installed along the eastern and western boundaries of this phase unless permanent fencing already exists at the subdivision boundary. Duly noted. 5, Sanitary sewer service to this site shall be via extensions from existing mains. Applicant shall be responsible to construct the sewer mains to. and through this proposed development, thereby making them available to adjacent properties. Subdivision des.igner to coordinate main sizing and routing with the PUblic Works .Department. Applicant shall execute City of Meridian standard forms of easements, for any mains that are required to proVide servfce. Cover over san1tary sewer mains F:\ProjectMana!;le/'5\GAL\"O-OS~040 - Fulfer Subdivision No. 7\10.0S'040.Admln\Clty ltr 6-21-05.doc hhibil "C" @- 06/21/2005 13.25 F ~,X 203323533( @ 005/006 ...-:.--- r J.U.B.A ~ Enginl;:l;rs Surveyors Phmners shall be no less than 3-feet from finish grade to the top of the pipe. If Cover is less than 3.feet from the sub-grade to the top of pipe, alternate pipe materials shall be used pN the Meridian Public Works Department's Standard Specifications. Duty noted. 6. Water service to this site is being proposed via an extension of water mains located in existing phases of this development. The applicant shall Construct water mains to and through this proposed development. Applicant shall execute City of Meridian standard forms of easements, for any mains that are required to provide service. Coordinate main size and routing with Public Works. Duty noted. 7. Complete the Certificate of Owners and accompanying Acknowledgment prior to signature on- the firial plat. Done and inc(uded on the revised plat. a. Lots 6, 17, 18; Block 25 do not meet the minimum street frontage of 60 feet, the applfcant shall make the necessary adjustments to conform. The final plat conforms to the approved preliminary plat. Reduced frontages . were allowed as a port of the PUD application. 9. Graphically depict an B.foot wide Public Utilities, Drainage, and Irrigation easement on the north boundary of Lot 2, Block 25. The extra wfdth,ls necessary to - accommodate an irrigat;on main. Dom? 10. Graphically depict a 5-foot wide easement on the following lots. They will interior side lot lines to existing phases. a) West boundary of Lot 2, Block 26 b) West boundary of Lot 12, Block 15. c) East boundary of Lot 19, Block 15. d) East boundary of lots 10, 11, Block 26. e) East boundary of Lot 18, Block 25. Done. 11. Complete book and page number of adjacent recorded plat. Done. 12. Revise or add the following notes ~n the face of the plat dated 5/17/05: (10.) "Lot 11 Block 25 shown hereon is a non-buildable common lot and shall be owned and maintained bv the homeowners association. Fencimi!. adjacent to this lot shalt be no lireater than 4.ft. in heiQht if constructed of a solid siQht obscurjng material or 5.ft. in hehi!.ht if constructed of a non-si'lht obscurin'! material." Done. 13. Please subn:rit aU updated groundwater/soils monitoring data to the Public Works f:\ProjectManilgen;\GAL\10.05.04Q - Fulrer SubdivisIon No. 7\10 OS-O'IO-Admin\CilY ltr 6.21'05,00; Exhibil "C" * ( 08/2~/2005 13:25 FAX 208323333E> ---- (' J.U~BA ~ Engineer;;; Surveyor;;; Planllers I4J 008/006 Department for review. The project engineer should pay close attention to the results of field studies determining the groundwater, soil type Ii and characteristics during the design and construction phases. The engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest estabUshed normal groundwater elevaUon_ This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1.foot above. Duly noted. 14. Staff's failure to cite .specific ordinance prOVisions or terms of the approved preliminary plat, conditional.use permit or development agreement does not relieve the Applicant of responsibUity for Compliance. Duly noted. Please inform the council that we are in agreement with the conditions of approval as noted above and have modified the plat accordingly. Sincerely, J-U-B ENGINEERS, Inc. I~ Daren Fluke, AICP Project Planner . F:\projectMana&ers\GAl\10.05-040 . Fulfer Subdlvl~lon No. 7\10'OS'!>ro-Admin\Clty Ltr 6-21-05.00.:;- Exhibit "c,'" * BEFORE THE MERIDIAN CITY COUNCIL C/C June 28, 2005 IN THE MATTER OF THE APPLICATION OF KEVIN HOWELL CONSTRUCTION FOR FINAL PLAT APPROVAL OF 55 SINGLE-FAMILY RESIDENTIAL BUILDING LOTS AND 10 COMMON LOTS ON 14.91 ACRES IN AN R-8 ZONE LOCATED NORTH OF MCMILLAN ROAD AND WEST OF LINDER ROAD IN A PORTION OF THE SOUTH % OF THE SOUTHEST ~ OF T. 4N., R. tW., SECTION 26 CASE NO. FP-05-036 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT This matter coming before the City Council for Pinal Plat approval pursuant to Meridian City Code ~ 12-3-7 on June 28, 2005, and the Council finding that the Administrative Review is complete from Sonya Allen, Assistant City Planner for the Planning and Zoning Department, and Michael Cole, Development Services Coordinator for the Public Works Department, dated: Hearing Date: June 28, 2005, to the Mayor and Council, and the Council having considered the requirements of the preliminary plat the Council takes the following action: IT IS HEREBY ORDERED THAT: 1. The Final Plat of "PLA T SHOWING FULFER SUBDIVISION NO.6 LOCATED IN A PORTION OF THE SOUTH 12 OF THE SOUTHEAST ~ OF T. 4N., R. 1 W., ORDER OF CONDITIONAL APPROVAL OF FmALPLAT FOR FULFER SUBDIVISION NO. 6/ (FP-05-036) Page 1 of4 SECTION 26, BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO 2005, HANDWRITTEN DATE: 05/13/05, SHEET 1 OF 2, J-U-B ENGINEERS, INC.", KEVIN HOWELL CONSTRUCTION, Developer, is Conditionally Approved subject to those conditions of Staff comments as set forth in the Memorandum to the Mayor and City Council from Sonya Allen, Assistant City Planner for the Planning and Zoning Department and Michael Cole, Development Services Coordinator for the Public Works Department, dated: Hearing Date: June 28, 2005, listing 15 SITE SPECIFIC REQUIREMENTS/FINAL PLAT and 15 GENERAL REQUIREMENTS, a true and correct copy of which is attached hereto marked Exhibit "A", and consisting of 5 pages, and by this reference incorporated herein, and the response letter from J-U-B Engineers, Inc., a true and correct copy ofwhich is attached hereto marked Exhibit "B" and consisting of 1 page, and by this reference incorporated herein, and an additional response letter from J-U-B Engineers, Inc., a true and correct copy of which is attached hereto marked Exhibit "C", and by this reference incorporated herein, and the additional requirements from the action of the Council taken at their June 28, 2005 meeting as follows, to-wit: 1.1 Adopt the Recommendation of the Central District Health Department as follows: The Central District Health requires after written approval from the appropriate entities are submitted, they can approve this proposal for central sewage and central water; that plans must be submitted to and approved by the Idaho Department of Health and Welfare, Division of Environmental Quality for ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR FULFER SUBDIVISION NO.6 / (FP-05-036) Page 2 of 4 central sewage and central water; that run-off is not to create a mosquito breeding problem; and it is suggested that the storm water be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality; that engineers and architects should obtain current best management practices for stormwater disposal and design a storm water management system that is preventing groundwater and surface water degradation. Manuals for guidance: 1. State of Idaho Catalog of Stormwater Best Management Practices for Idaho Cities and Counties. Prepared by the Idaho Division of Environmental Quality, July 1997. 2. Stormwater Best Management Practices Guidebook. Prepared by City of Boise Public Works Department, May 2000. 2. The final plat upon which there is contained the Certification and signature of the City Clerk and the City Engineer verifying that the plat meets the City's requirements shall be signed only at such time as: 1. The Plat dimensions are approved by the City Engineer; and 2. The City Engineer has verified that all off-site improvements are completed and/or the appropriate letter of credit or cash has been issued guaranteeing the completion of off-site and required on-site improvements. NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAKINGS ANALYSIS The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR FULFER SUBDIVISION NO.6 / (FP-05-036) Page 3 of4 request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code S 67-6521. An affected person being a person who has an interest in real property which may be adversely affected by this decision may, within twenty-eight (28) days after the date of this decision and order, seek ajudicial review as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held on the a g-lh day of :111n.F.... ,2005. By, jy'l 1'1 m 1/1.. ~ \ I\I.-.J City Clerk's Office Dated: 1-\ \-OS ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR FULFER SUBDIVISION NO.6 / (FP-05-036) Page 4 of 4 MAYOR Tammy de Wcerd '~'zl \! V if} bY PUBLIC WORKS BUILDING DEPARTMENT (208) 898-5500 . Fax (208)898.9551 PLANNING AND ZONING DEPARTMENT (208) 884-5533 ' Fax 888-6854 CITY COUNCIL MEMBERS Keith Bird Chlistine Donnell Shaun Wardle Charles M. Rountree STAFF REPORT: Hearing Date: June 21, 2005 Transmittal Date: June 10, 2005 To: Mayor, City Council and Planning & Zoning Commission From: Sonya Allen, Assistant City Planner JI{ Michael Cole, Development Services Coordinator fY\ C Re: Fulfer Subdivision No.6 Final Plat approval of Fifty-five (55) Single-Family Residential Building Lots and Ten (10) Common Lots on 14.91 Acres in an R-8 Zone, by Kevin Howell, Kelly Fulfer, and Brenda Fulfer (File No. FP-05-036). We have reviewed the above referenced submittals and offer the following comments, as conditions of approval. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: APPLICATION SUMMARY & LOCATION The applicants, Kevin Howell, Kelly Fulfer, and Brenda Fulfer, have applied for Final Plat approval of 55 single-family residential building lots and 10 common lots on 14.91 acres of land for the sixth phase of Fulfer Subdivision. The current zoning designation for the proposed subdivision is R-8 (Medium Density Residential). This subdivision will have a gross density of 3.69 d.u./acre and a net density of 4.9 d.u./acre. Fulfer Subdivision No.6 is located on the north side ofW. McMillan Road and the west side of N. Linder Road, in the SE y.J of Section 26, TAN., R.l W. The common areas within this subdivision consist of landscaping, pedestrian pathways, and open space. The pressurized irrigation system within this development will be owned and maintained by Settler's Irrigation District. A Conditional Use Permit!Planned Development was approved for the subdivision which allowed for reductions to the minimum requirements for lot size and street frontage as shown on the approved site plan. It also allowed for blocks within the subdivision to exceed the maximum block length of 1,000 feet. FP-05-036 Exhibit "A" Fulfer Sub6 FP.doc Mayor & City Council Hearing Date: June 21,2005 Page 2 This subdivision was preliminary platted under the name of Kelly Creek Subdivision. The submitted final plat substantially complies with the approved preliminary plat for this subdivision. Staff recommends approval of the final plat for Fulfer Subdivision No.6 with the comments and conditions stated in this report. SITE SPECIFIC COMMENTS I FINAL PLAT 1. Applicant is to meet all terms of the approved annexation (AZ-03-013), development agreement (lnst. No. 103181095), conditional use permit (CUP-03-028), and preliminary plat (PP-03-014) for this development. 2. The applicant has indicated that the Settler's Irrigation District will own and maintain the pressure irrigation system within this development. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. If a creek or well source is not available, a single-point connection to the municipal water system shall be required. If a single-point connection is utilized, the developer shall be responsible for the payment of assessments for the common areas prior to signature on the final plat by the Meridian City Engineer. 3. Fencing must be in compliance with MCC 12-4-10 and MCC 12-13-15-9. 4. Temporary construction fencing shall be installed along the northern and western boundaries of this phase unless permanent fencing already exists at the subdivision boundary. 5. Sanitary sewer service to this site shall be via extensions from existing mains. Applicant will be responsible to construct the sewer mains to and through this proposed development, thereby making them available to adjacent properties. Subdivision designer to coordinate main sizing and routing with the Public Works Department. Applicant shall execute City of Meridian standard forms of easements, for any mains that are required to provide service. Cover over sanitary sewer mains shall be no less than 3- feet from finish grade to the top of the pipe. If cover is less than 3-feet from the sub- grade to the top of pipe, alternate pipe materials shall be used per the Meridian Public Works Department's Standard Specifications. 6. Water service to this site is being proposed via an extension of water mains located in previous phases of this development. The applicant shall construct water mains to and through this proposed development. Applicant shall execute City of Meridian standard forms of easements, for any mains that are required to provide service. Coordinate main size and routing with Public Works. 7. Complete the Certificate of Owners and accompanying Acknowledgment prior to signature on the final plat. FP-05-036 Exhibit "A" Fulfer Sub6 FP.doc Mayor & City Council Hearing Date: June 21,2005 Page 3 8. Complete book and page number of adjacent recorded plat. 9. The private drive off ofN. Chimney Peak Ave. must be paved its full width and at least 30 feet into the site beyond the edge of pavement of the abutting roadway per ACHD. to. Lots 19,26 of Block 24 do not meet the required street frontage of 40 feet as measured by the chord. The applicant shall make the necessary adjustments to conform. 11. The applicant shall move the graphically depicted easement on the south side of Lot 13, Block 24, to the north side of Lot 14, Block 24. The pressure irrigation main was designed in, and in direct conflict with, the corridor reserved for water services. 12. Revise the landscape plan dated 5/23/05 as follows: a. Revise calculation table to reflect 29 trees provided along the McMillan Road frontage instead of 20. b. Remove fencing along the western boundary that crosses the private drive to Lot 18, Block 24. 13. Revise or add the following notes on the face of the plat dated 5/13/05: (4.) "...centered on interior side lot lines, (:1;fU:l iR:tenef Fear let liaes unless otherwise. . ." (7.) Include Lot 44, Block 24 as a common lot. 14. Please submit all updated groundwater/soils monitoring data to the Public Works Department for review. The project engineer should pay close attention to the results of field studies detennining the groundwater, soil type & and characteristics during the design and construction phases. The engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established normal groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least I-foot above. 15. Staffs failure to cite specific ordinance provisions or terms of the approved annexation, preliminary plat, or conditional use permit does not relieve the applicant of responsibility for compliance. GENERAL REOUIREMENTS 1. All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per City Ordinance 12-4-13. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or non-approval submitted to the Public Works Department. If lateral users association approval can't be obtained, plans will be reviewed and approved by the meridian City Engineer prior to final plat signature. FP-05-036 Exhibit "A" Fulfer Sub6 FP,doc Mayor & City Council Hearing Date: June 21,2005 Page 4 2. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 9~1-4 and 9-4-8. Wells may be used for non-domestic purposes such as landscape irrigation. 3. One hundred watt, high-pressure sodium streetlights will be required at locations designated by the Public Works Department. All streetlights shall be installed at subdividees expense. Typical locations are at street intersections and/or fire hydrants. Final design locations and quantity are detennined after power designs are completed by Idaho Power Company. The street light contractor shall obtain design and permit from the Public Works Department prior commencing installations. 4. Compaction test results must be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 5. Coordinate fire hydrant placement with the City of Meridian's Water Works Superintendent. 6. Any tree over 4" in caliper that is removed from the property shall be replaced by installing additional trees, being the equivalent number of caliper inches of trees that were removed. Required landscaping trees will not be considered as replacement trees for those trees that have to be removed. 7. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 8. Applicant shall be responsible for application and compliance with and NPDES Permitting that may be required by the Environmental Protection Agency. 9. Street signs are to be in place, 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 pennits. 10. All development improvements, including sewer, fencing, micro-paths, pressurized irrigation, and landscaping shall be installed and approved prior to obtaining certificates of occupancy. 11. A letter of credit or cash surety in the amount of 110% will be required for all fencing, landscaping, amenities, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the final plat. 12. The applicant is responsible for ensuring that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 13. Developer shall coordinate mailbox locations with the Meridian Post Office. FP-05-036 Exhibit "A" Fulfer Sub6 FP.doc Mayor & City Council Hearing Date: June 21, 2005 Page 5 14. Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as detennined during the plan review process, prior to signature on the final plat per Resolution 02-374. 15. All grading of the site shall be performed in conformance with MCC 11-12-3H. STAFF RECOMMENDATION Staff recommends approval of the final plat for Fulfer Subdivision No.6 with the above stated comments and conditions. FP-05-036 Exhibit "A" Fulfer Sub6 FP.doc 1.IAJS/27/2005 15: 17 FAX 208323833{ ::: . ..- ... ~ 001/001 ------ ("" .J-U-8 A ~ June 27. 2005 J~U.B ENGINEERS. Inc. ENGINEERS · SURVEYORS . PLANNERS Regional Office 250 South Beechwood Avenue, Suite 201 Boise, ID 83709-0944 208-376-7330 Fax: 208-32$-9336 W'MN',jub.com Sonya Allen City of Meridlan~ Planning and Zoning Dept. 660 E. Watertower Lanej Suite 200 Merldianj 10 83642 RE: Fulfer Subdivision No.6 6: 7 - Plat Revfew Comments Dear Sonya: With regard to the lot frontages within Fulfer 6 and 7. we are making the required changes to maintain the minimum frontages as detailed in your staff report dated June 10j 2005 and further clarified in your email to the undersigned dated June 21j 2005. I will transmit the revised final plats under separate cover. Thank you for your attention to this matter, Please inform the council that we are in agreement with the conditions of approval as noted above and have modff1ed the plat accordingly. Sincerely. J,U-B ENGINEERS. Inc. ~J Daren Aukej AICP Project Planner F;\ProjectManager:;\GAL\10.05.040. Futfer SUbdMslon No. 7\1 a'05-(}4Q.Admin\Ciry l tr 6-27.05.doc hhJi,il"B" * :-1IJ8/21/20C5 13:24 FAX ..: . . I,/' I.a ~001/006 ~. ~ J-U-B ~ ~ June 21, 2005 J-U-B ENGINEERS, Inc. ENGINEERS · SURVEYORS. PLANNERS Regional Oftfce 250 South Beechwood Avenue, Suite 201 Boise, 10 83709-0944 208-378-7330 Fax: 208-323-9336 www.jub.com Sonya Allen City of Meridian, Planning and Zoning Dept. 660 E. Watertower lane, Suite 200 Meridian, tD 83642 \0 ~ r.}~ RE: Fulfer Subdivision No.6 - Plat Review Comments Dear Sonya: We have received your plat reView comments dated June 10, 2005j for the above-referenced project. With regard to the. Site Specific comments contained therein, please accept the following: SITE SPECIFIC COMMENTS I FINAL PLAT 1. Applicant is to meet all terms of the approved annexation (AZ-03-013), development agreement (Inst. No_ 103181095), conditional use permit (CUP-D3-028), and preliminarY plat (PP-03.014) for this development. Duly noted. 2. The applicant has indicated that the Settler's Irrigation District will own and maintain the preSsure irrigation system within this deveLopment. The Cfty of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. If a creek or well source is not available, a single-point connection to the munidpal water system shall be required. If a singLe-point connection is utHized. the developer shall be responsible for the payment of assessments for the common areas prior to signature on the final plat by the Meridian ~\ty Engineer. Duly noted. ). Fencing must be in compliance with MCC 12-4~10 and MC( 12-13-15-9. Duly noted. 4. Temporary construction fencing shall be installed along the northern and western boundaries of this phase unless permanent fencing already exists at the subdivision boundary . Duly noted. 5. Sanitary sewer service to this site shall be via extensions from existing mains. Applicant will be responsible to construct the sewer mains to and through this proposed development, thereby making them available to adjac:ent properties. Subdivision designer to coordinate main sizing and routing with th~ Publlc Works Department. Applicant shall execute City of Meridian standard forms of easements, for any mains that are required to provide service. Cover over sanitary sewer mains F:\ProjectManagen;\GAL\10.0S.028. f~lFer Subdivision No, 6\10.05.02S.Admin\City Ur 6-21.05.dot Exhluil "C" .@ 08/21/2005 13.24 FAX 2083239338 I4l 002/006 ~ r-J-U-B ~ ~ Engineers Surveyors I:"Janners shall be no less- than 3.feet from finish grade to the top of the pipe. If cover is less than 3.feet from the sub-grade to the top of pipe~ . alternate pipe materials shall be llsed per the Merid1an Publ1c Works Department's Standard Specifications, Duly noted. 6. Water servlce to this site is being proposed via an extension of water mains located in previous phases of this development_ The applicant shall construct water mains to and through this proposed development. Applicant shall ex~cute City of Meridiah standard forms of easements, for any mains that are required to provide servfce. Coordinate main size and routing with Public Works. Duly noted. 7. Complete the Certificate of Owners and accompanying Acknowledgment prior to signature on the final plat. . Done and included on the revised plat, 8. Complete book and page number of adjacent recorded plat. Done. 9. The private drive off of N, Chimney peak Ave. must be paved its full width and at least' 30 feet into the site beyond the edge of pavement of the abutting roadway per ACHD. Duly noted_ 10. lots 19, 26 of Block 24 do not meet the required street frontage of 40 feet as measured by the chord. The applicant shall make the necessary adjustments to conform. Reduced frontages were approved as a part of the original PUP application. Please see condidon #31 of the Development Agreement. '- 0+ 2.(., oK- - LQ-t- l~ ~lg 'fa' I'VI in. (PO LU({.5 a.rr~ved I(i) 'i2.' ) 11. The applicant shall move the graphically depicted easement on the south side of Lot 13, Block 24~ to the north side of Lot H. Block 24. The pressure irrigation main was designed in~ and in direct conflict With~ the corridor reserved for water servlces, Done and jnctude~ on the revised plat. 12. Revise the landscape plan dated 5123105 as follows: a. ReVise calculation tabl~ to reflect 29 trees provided along the McMillan Road frontage instead of 20. b. Remove fencing along the western boundary that crosses the private driv~ to Lot 18. Block 24. The landscape pfan 'has been revised and is being transmitted to your office by the landscape architect, 13. Rev1se or add the following notes on the face of the plat dated 5/13/05: (4.) .. ...centered on interior side lot lines~ and ,iAtefiar rear let MAES unless otherwise... " (7. ~ Include lot 44, Block 24 as a common lot: F:\ProjectManageJ'$\GAl\10-0S.o28 - Fulfer SubdlvlSlon No. 6\10'05-028-Admin\City Ltr 6-21-05.doc Exhibit "C" * { 06/21/200513:25 FA)( 2083233336 141 003/006 --- f"" J.U.B~ ~ Engineers SUI"Veyors Plannerb Done and included an the revised plat. 14. Please submit all updated groundwaferlsoils monitoring data to the Public Works Department for review_ The project engineer should pay close attention to the resuLts of field studies determining the groundwater, soil type a and characterlstfcs during the design and construction phases. The engineer shall be required to certify that the street centerline elevatIons are set a minimum of 3.feet above the highest established normal groundwater elevation. This is to ensure that the bottom elevation of the . crawl spaces of homes is at least 1-foot above. Duly noted. 15. Staff's failure to cite specific ordinance provisions or terms of the approved annexation, preliminary plat, or conditfonal use permit does not relieve the applicant of responsibility for compliance. Duly noted. Please inform the c:ouncH that we are in agreement with the conditions of approval as noted above and have modified the plat accordingly. Sincerely, J-U.B ENGINEERS, Inc. ~ Daren Fluke, AICP Project Planner F;\Proje<:tManagers\GAL\10.05.02tl . Fulf!r SubdlvfslOl'l No. 6\10-0S'02/!-AdminIClty ltr 6-21.05.doc Exhibit "C" * ** TX . ION REPORT ** AS OF JUN 29 PAGE. 01 CITY OF MERIDIAN DATE TIME TO/FROM MODE MIN/SEC PGS CMD~ STATUS 01 06/29 11: 03 128300040 G3--S 02' 01" 005 120 OK 02 06/29 11: 05 208 387 6393 EC--S 01' 33" 005 120 OK 03 06/29 11: 07 ADA cry DEVELMT EC--S 01' 34" 005 120 OK 04 06/29 11: 09 2088885052 EC--S 01' 35" 005 120 OK 05 06/29 11: 12 CHERRY LANE G3--S 03' 10" 005 120 OK 06 06/29 11:15 IDAHO ATHLETIC C EC--S 01'35" 005 120 OK 07 06/29 11:18 ID PRESS TRIBUNE EC--S 01'37" 005 120 OK ----~~---~~~~_:.:~~~-~~~~~~~~.:_----------_:====---~:~::~-~~:_----=~~----~~----------------- CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, June 28, 2005, at 7:00 p.m. City Council Chambers 33 East Idaho Avenue, Meridian, Idaho 1. Roll-call Attendance: ~- Shaun Wardle --..k...-. Christine Donnell =x= Charlie Rountree ~ Keith Bird ~ Mayor Tammy de Weerd 2. Pledge of Allegiance: ICafte. 3. Community Invocation by Pastor Kevin Moyer, with Meridian First Baptist Church: 4. Adoption of the Agenda: atr~ 5. Consent Agenda: A. Resolution No. tJ'i- 47' : VAC 05-004 Request for a Vacation of platted easements for Krispv Kreme Subdivision by Eagle-Fairview Investment Co., LLC - Lot 1 of the Krlspy Kreme Subdivision: OffYP/ItL. B. Resolution No. &5"- 477 : VAC 05-005 Request for a Vacation of a portion of a 20-foot utility easement between Lots 20 & 21, Block 1, Stokesberrv Subdivision NO.2 by Properties West, Inc, - west of North Eagle Road and north of River Valley Street: ~PV<V C. Development Agreement: AZ 05-003 Request for an Annexation and Zoning of 76.72 acres to a R-3 zone for KinQsbridae Subdivision by Vision First, LLC - 4070 South Eagle Road: al"jH"oV'<- D. License Aareement with Namn8 & Meridian Irriaation District for Ten Mile Drain (Glacier Springs Subdivision): a~"'<.. E. School Resource Officer Agreement between the Meridian Police Deoartment and Meridian School District: 0/1''''11''<- Meridian City Council MeetIng Agenda - June 26. 2005 Page 1 of 5 All materials presented at public meellngs shall become property of the City of MeridIan. Anyone desiring accommodauon for disabilities related 10 documents and/or hearing please contact the City Clerk's Office at aaa-4433 at least 46 hours prior to the public meeting. AS OF JUN 29 ' e5' CrTY OF MERIDIAN DATE TIME TOI'FROM MODE MrWSEC PGS CMDI:! STATUS 21 1361'29 10:37 381e16e EC--S e2'43" ee5 120 OK 22 1361'29 1e:4e PUBLIC WORKS EC--S el'33" 0135 120 OK 23 e61'29 1e: 42 20846644135 EC--S el' 33" el:\5 1213 OK 24 e61'29 1e: 44 8841159 EC--S 01' 34" 005 1213 OK 25 1361'29 10:4621:\888413744 EC--S 01'37" ee5 1213 OK 26 1361'29 10:48 POLICE DEPT EC--S 131'34" ee5 1213 OK 27 06/29 113:513 8985501 EC--S 131'32" 13135 1213 OK 28 e61'29 113:52 LIBRARY EC--S 132'135" 13135 1213 OK 29 061'29 10'55 92083776449 EC--S 131'33" 0e5 1213 OK 3e 1361'29 10:57 3886924 EC--S 131'33" 13135 12e OK 31 061'29 le: 59 P-AND-Z EC--S 01 '34" e05 120 OK ---_::_--~~~::_::~~:_:~~-~::_~::~----------=:==:_--~:~::~-~~:_---_::~----~----------------- CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, June 28, 2005, at 7:00 p.m. City Council Chambers 33 East Idaho Avenue, Meridian, Idaho 1. Roll-call Attendance: . .. X Shaun Wardle -L Christine Donnell ::=::x= Charlie Rountree =x= Keith Bird ~ Mayor Tammy de Weerd 2. Pledge of Allegiance: f!:a:fte. 3. Community Invocation by Pastor Kevin Moyer, with Meridian First Baptist Church: 4. Adoption of the Agenda: ~ lr-<.. 5. Consent Agenda: A. Resolution No. tJfi- 47' ; VAC 05-004 Request for a Vacation of platted easements for KrisDV Kreme Subdivision by Eagle-Fairview Investment Co., LLC - Lot 1 of the Krispy Kreme Subdivision: orrn~ B. Resolution No. It' 5'- 477 : V AC 05-005 Request for a Vacation of a portion of a 20-foot utility easement between Lots 20 & 21. Block 1, Stokesberrv Subdivision No.2 by Properties West, Jnc. - west of North Eagle Road and north of River Valley Street: ~t>1/'<-- C. Development Agreement: AZ. 05-003 Request for an Annexation and Zoning of 76.72 acres to a R-3 zone for Kinasbridae Subdivision by Vision First, LLC - 4070 South Eagle Road: a/,~~V'<- D. License Aareemrmt with Namoa & Meridian Irriaation District for Ten Mile Drain (Glacier Springs Subdivision): a.~u<<.. E. School Resource Officer Aareement between the Meridian Police Deoartment and Meridian School District: "t'rroV'<.- Meridian City Council Meeting Asenda - June 26, 2005 Page 1 of 5 All materials presented at public meetings shall oecome property of the City of Meridian. Anyone desiring aCllommodation for dlsaoilities related to documents arlO/or hearing please contact the City Clerk's Office at 888-4433 at least 48 hourS prior to the puolic meeting. June 24, 2005 MERIDIAN CITY COUNCil MEETING June 28, 2005 APPLICANT ITEM NO. 33 REQUEST Discussion of Public Parking & Right of Way Vacation AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUilDING DEPT: pr~~ CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE; OTHER: Contacted: Date: Phone; Emailed: Staff Initials: Materials presented at public me.Hngs shall become property of the City of Meridian. Please Pas t PLLl~\~l t) t\J&"Lreu - CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, June 28, 2005, at 7:00 p.m. City Council Chambers 33 East Idaho Avenue, Meridian, Idaho 1. RolI~call Attendance: Shaun Wardle Christine Donnell Charlie Rountree Keith Bird _ Mayor Tammy de Weerd 2. Pledge of Allegiance: 3. Community Invocation by Pastor Kevin Moyer, with Meridian First Baptist Church: 4. Adoption of the Agenda: 5. Consent Agenda: A. Resolution No. : V AC 05~004 Request for a Vacation of platted easements for Krisov Kreme Subdivision by Eagle-Fairview Investment Co., LLC - Lot 1 of the Krispy Kreme Subdivision: B. Resolution No. : V AC 05~005 Request for a Vacation of a portion of a 20-foot utility easement between Lots 20 & 21, Block 1, Stokesberrv Subdivision No.2 by Prope.rties West, Inc. - west of North Eagle Road and north of River Valley Street: C. Development Agreement: AZ 05~003 Request for an Annexation and Zoning of 76.72 acres to a R-3 zone for Kinasbridae Subdivision by Vision First, LLC - 4070 South Eagle Road: D. License Aareement with Namoa & Meridian Irriaation District for Ten Mile Drain (Glacier Springs Subdivision): E. School Resource Officer Aareement between the Meridian Police Deoartment and Meridian School District: Meridian City Council Meeting Agenda - June 28, 2005 Page 1 of 5 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. F. Water Main Easement for Elm Grove Trailer Park: G. Reauest for Funds No.4 for Meridian Sr. Center Rehabilitation Proiect ICDBG 04-111-01-SR: H. WWTP load Sharina I Sheddina Durina Transfer to Backup Power with Custom Electric: Scopina Study to Set Desian Parameters for the SCADA portion of the WWTP Phase I with DC Enaineerina: J. Eaale Road Waterline Relocation with Civil Survey: K. Contract Proposal for Construction Documents for Ustick Road Improvements alona Meridian SettlerJs Park with The land Group, Inc.: L. License Aareement with Nampa & Meridian Irriaation District for Eiaht Mile lateral ( Tuscany lakes Subdivision No.2): 6. Department Reports: A. City Attorney 1. Update on Office Remodel at Farmers & Merchants Old Branch Building: 7. Items Moved from Consent Agenda: "Although the City of Meridian no longer requires sworn testimony, all presentations before the Mayor and City Council are expected to be truthful and honest to best of the ability of the presenter. 11 8. Tabled from June 21, 2005: FP 05-036 Request for Final Plat approval of 55 single-family residential building lots and 10 common lots on 14.91 acres in a R-8 zone for Fulfer Subdivision No.6 by Kevin Howell Construction - north of McMillan Road and west of Linder Road: 9. Tabled from June 21, 2005: FP 05-035 Request for Final Plat approval of 44 single-family residential building lots and 1 common lot on 10.39 acres in a R-8 zone for Fulfer Subdivision No.7 by Kevin Howell Construction - north of West McMillan Road and east of North Ten Mile Road: Meridian City Council Meeting Agenda - June 28, 2005 Page 2 of 5 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. 10. M105-006 Request to amend conditions of plat approval, specifically the requirement to provide pressurized irrigation in Nola Subdivision by David Bohecker - southwest corner of East Pine Avenue and Nola Road: 11. Continued Public Hearing from June 21, 2005: Adoption of 2003 International Buildina. Fire Prevention. Mechanical and Gas Codes. and 2005 National Electrical Code: (Comments from Builders Contractors Association only with staff summary) 12. Ordinance No. International Buildina Codes: Adoptina the 2003 13. Ordinance No. International Fire Code: Adoptina the 2003 14. Ordinance No. Adoptina the 2003 International Mechanical and Fuel Gas Codes: 15. Ordinance No. Electrical Code: : Adoptina the 2005 National 16. Public Hearing: Proposed Fee Increases for Solid Waste Collections by Sanitary Service Company: 17. Resolution No. Fees: New Solid Waste Collections 18. Continued Public Hearing from June 21, 2005: AZ 05-014 Request for an Annexation and Zoning of 19.72 acres from RUT to a R-B zone for Sicilv Subdivision by Landmark Engineering and Planning - south of East Victory Road and west of South Locust Grove Road: 19. Public Hearing: V AR 05-012 Request for a Variance to exceed the maximum block length for Block 1 for Sicilv Subdivision by Landmark Engineering & Planning, Inc. - south of East Victory Road and west of South Locust Grove Road: 20. Continued Public Hearing from June 21, 2005: PP 05-016 Request for a Preliminary Plat approval of 74 building lots 5 other lots on 19.72 acres in a proposed R-B zone for Sicilv Subdivision by Landmark Engineering and Planning - south of East Victory Road and west of South Locust Grove Road: 21. Public Hearing: AZ. 05-020 Request for Annexation and Zoning of 2.3 acres to L-Q zone for Ashtvn Park by David Price - SWC of North Meridian Road and West Ustick Road: Meridian City Council Meeting Agenda - June 28, 2005 Page 3 of 5 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. 22. Public Hearing: AZ 05-022 Request for Annexation and Zoning of 1.3 acres from RUT to L-Q zone for Touchmark Subdivision by Touchmark of the Treasure Valley - south of East Franklin Road and east of South Eagle Road 23. Public Hearing: PP 05-018 Request for Preliminary Plat approval of 16 building lots and 1 other lot on 6.26 acres in C-G and R-40 zones for Devon Park Subdivision No.3 by Fairview Lakes, LLC - 824 East Fairview Avenue: 24. Public Hearing: CUP 05-023 Request for a Conditional Use Permit to allow the Department of Motor Vehicles and a request for a Planned Development for a 16 lot office complex for Devon Park Subdivision No. ~by Fairview Lakes, LLC - 824 East Fairview Avenue: 25. Public Hearing: CUP 05-025 Request to modify the previously approved Conditional Use Permit / Planned Development to include changes to building elevations, parking area and amenities for Troy Place Subdivision by Pinnacle Engineers, Inc. - 1236 East 2 % Street: 26. Public Hearing: PP 05-011 Request for Preliminary Plat approval of 12 building lots on 4.31 acres in a L-Q zone for Julie Subdivision by Paramount Development, Inc. - northeast corner of North Linder Road and West Cayuse Drive: 27. Public Hearing: CUP 05-013 Request for a Conditional Use Permit for a Planned Development with reductions to the minimum requirements for street frontage and building setbacks for Julie Subdivision by Paramount Development, Inc. - northeast corner of North Linder Road and West Cayuse Drive: 28. Ordinance No. AZ 05-011 Request for Annexation and Zoning of 6.26 acres from RUT to R-8 zone- for Lyndhurst Grove Subdivision by Highland Development, LLC - 2820 West Pine Avenue: 29. Ordinance No. AZ 05-010 Request for Annexation and Zoning of 4.63 acres from RUT to L-Q zone for Wyndstone Place Subdivision by Quasar Development, LLC - 1151 South Wells Street: 30. Ordinance No. RZ 05-004 Request for a Rezone of 2 acres from I-L to C-G zone for Jackson's Food Store by Jackson's Food Store, Inc. - southeast corner of North Eagle Road and East Pine Avenue: Meridian City Council Meeting Agenda - June 28, 2005 Page 4 of 5 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. 31. Ordinance No. AZ 05~003 Request for an Annexation and Zoning of 76.72 acres to a R-3 zone for Kinasbridae Subdivision by Vision First, LLC - 4070 South Eagle Road: 32. Ordinance No. : Amending Title 12, Chapter 13, Section 7~8 Regarding Landscaping Mulch and Title 12, Chapter 13, Section 7~13(B) Regarding Water Efficiency for Landscape Mulch: 33. Discussion of Public Parking and Right of Way Vacation: Meridian City Council Meeting Agenda - June 28,2005 Page 5 of 5 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.