Loading...
HomeMy WebLinkAbout2005-02-22 CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, February 22, 2005 at 7:00 p.m. City Council Chambers 1. Roll-call Attendance: -L Shaun Wardle -L Christine Donnell ~ Charlie Rountree -L Keith Bird ~ Mayor Tammy de Weerd 2. Pledge of Allegiance: Becky McKague 3. Community Invocation by Pastor Stan Kelly, with Capital Christian Center: Presented 4. Adoption of the Agenda: Approve 5. Consent Agenda: A. Tabled from February 15, 2005: Amendment for Professional Services A~:!reement with Diane Kushlan: Approve B. Approve Minutes of January 25, 2005 Pre-Council Meeting: Approve C. Approve Minutes of January 25, 2005 City Council Regular Meeting: Approve D. Approve Minutes of February 1, 2005 City Council Regular Meeting: Approve E. License Aareement with Nampa & Meridian Irriaation District for Bear Creek No.8: Approve F. Water Main Easement for Cherry Crossinq No. 2 bv Boise Surplus 2002. LLC: Approve G. Aqreement of Inspection Service with Rich Greene: Table to March 1, 2005 Meeting 6. Department Reports: Meridian City Council Agenda - February 22, 2005 Page 1 of 2 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. A. Fire Department - Bill Johnson 1. RFP for Paramedic Position Advisor: Presentation 7. (Items Moved from Consent Agenda): none 8. Tabled from February 15, 2005: RP 05-001 Request for a Reduction in Platting Requirements to divide one 1.71 +/- acre un-platted parcel into two parcels for EP Crossinas. LLC by EP Crossings, LLC - northeast corner of East Fairview Avenue and Venture Street: Approve 9. FP 05-006 Request for Final Plat approval of 35 building lots and 8 other lots on 9.19 acres in a R-4 zone for Silverleaf Subdivision No.1 by Liberty Development, LLC - 2683 West Chinden Boulevard: Approve 10. FP 05-007 Request for Final Plat approval of 55 building lots and 5 other lots on 16.66 acres in a R-4 zone for Silverleaf Subdivision No.2 by Liberty Development, LLC - 2683 West Chinden Boulevard: Approve 11. FP 05-010 Request for Final Plat approval of 91 single-family residential building lots and 5 common area lots on 29.36 acres for Messina Hills Subdivision No.3 by Tuscany Development - east of South Locust Grove Road and south of East Victory Road: Approve 12. FP 05-009 Request for Final Plat approval of 42 single-family residential build ing lots and 10 common area lots on 18.88 acres for Tuscanv Lakes Subdivision No.2 by Tuscany Development - east of South Locust Grove Road and south of East Victory Road: Approve 13. FP 05-008 Request for Final Plat approval of 30 single-family residential building lots and 3 common area lots on 12.61 acres for Tuscanv Lakes Subdivision No.3 by Tuscany Development - east of South Locust Grove Road and south of East Victory Road: Approve 14. Public Hearing: PP 04-044 Request for Preliminary Plat approval of 6 office lots on 4.65 acres in an R-8 zone for Verona Subdivision No.3 by Primeland Development, LLP - NEC of North Ten Mile Road and West Milano Drive: Approve Findings of Fact and Conclusions of Law for Approval 15. Update - Brownfields Study - Brad H-C.: Presented 16. Executive Session per Idaho State Code 67-2345(1)(f): No Decision "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." Meridian City Council Agenda - February 22, 2005 Page 2 of 2 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings .please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, February 22,2005 at 7:00 p.m. City Council Chambers 1. RolI~call Attendance: ~ Shaun Wardle ---X- Christine Donnell -0- Charlie Rountree ---X- Keith Bird --L Mayor Tammy de Weerd 2. Pledge of Allegiance: !3eclc&j /lzc tor 3. Community Invocation by Pastor Stan Kelly, with Capital Christian Center: ~ 4. Adoption of the Agenda: a.~~ 5. Consent Agenda: A. Tabled from February 15, 2005: Amendment for Professional Services Aqreement with Diane Kushlan: ~M... B. Approve Minutes of January 25,2005 Pre-Council Meeting: ~lA</ C. Approve Minutes of January 25, 2005 City Council Regular Meeting: ~V"'-V D. Approve Minutes of February 1, 2005 City Council Regular Meeting: IIf ~I/'"'V E. License Aqreement with Nampa & Meridian Irriqation District for Bear Creek No. 8: ~v-<- F. Water Main Easement for Cherry Crossinq No.2 bv Boise Surplus 2002. LLC: ~VI.(....- G. Aareement of Inspection Service with Rich Greene: -/1t ~ 10 /h.1t1-1/1v /5); 2. tJ e:; 5' Department Reports: 6. A. Fire Department - Bill Johnson Meridian City Council Agenda - Februmy 22,2005 Page I of2 Allmatet;als presented at public meetings shall become pl'Opetiy of the City of Me lid ian. Anyone desilillg accoll1modation lordisabilities related Lo documents and/or hearings plcase contact the City Clerk's Orficc at 888-4433 at least 48 hours plioI' to the public meeting. !~. {~ ~. 7. 1. RFP for Paramedic Position Advisor: - j31YUIvT q,4J ~ (Items Moved from Consent Agenda) ko/lv/h..J Tabled from February 15,2005: RP 05-001 Request for a Reduction in Platting Requirements to divide one 1.71 +/- acre un-platted parcel into two parcels for EP Crossinas. LLC by EP Crossings, LLC - northeast corner of East Fairview Avenue and Venture Street 4t'rvl/l-C.- FP 05-006 Request for Final Plat approval of 35 building lots and 8 other lots on 9.19 acres in a R-4 zone for Silverleaf Subdivision No.1 by Liberty Development, LLC - 2683 West Chinden Boulevard: ~lA<-- FP 05-007 Request for Final Plat approval of 55 building lots and 5 other lots on 16.66 acres in a R-4 zone for Silverleaf Subdivision No.2 by Liberty Development, LLC - 2683 West Chinden Boulevard: ~~t/'0 FP 05-010 Request for Final Plat approval of 91 single-family residential building lots and 5 common area lots on 29.36 acres for Messina Hills Subdivision No.3 by Tuscany Development - east of South Locust Grove Road and south of East Victory Road: a~~V'-<.- FP 05-009 Request for Final Plat approval of 42 single-family residential building lots and 10 common area lots on 18.88 acres for Tuscanv Lakes Subdivision No.2 by Tuscany Development - east of South Locust Grove Road and south of East Victory Road: ~ rIA(. FP 05-008 Request for Final Plat approval of 30 single-family residential building lots and 3 common area lots on 12.61 acres for Tuscanv Lakes Subdivision No.3 by Tuscany Development - east of South Locust Grove Road and south of East Victory Road: ~~~ Public Hearing: PP 04-044 Request for Preliminary Plat approval of 6 office lots on 4.65 acres in an R-8 zone for Verona Subdivision No.3 by Primeland Development, LLP - NEC of North Ten Mile Road and West Milano Drive: afl/!.r"'vJi?, Up Wt- - '/SrP w;';;; ~ 'J .f Iud fj - 15r-t:l-d II-c fr.e1-e'1--..;kQ(. Executive Session per Idaho State Code 67-2345(1)(f): ~ d.euT f .rl'\-- 8. 9. 10. 11. 12. 13. 14. "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. " Meridian City Council Agcnda ~ Februmy 22,2005 Page 2 of2 All materials prescntcd at public meetings shall becomc propClty of the City of Me lid ian. Anyonc desiling accommodation for disabilities related to documcnts and/or hearings plcase contact the City Clerk's Office at 888-4433 at least 48 hours Plior to the public mceting. March 11, 2005 MERIDIAN CITY COUNCIL MEETING APPLICANT March 15. 2005 ITEM NO. 5-A REQUEST Approve Minutes of February 22. 2005 Regular City Council Meeting AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLlCE 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: ~vV Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meetings shall become property of the City of Meridian. Meridian City Council Meetinq Februarv 22. 2005. The regular meeting of the Meridian City Council was called to order at 7:00 P.M., Tuesday, February 22,2005, by Mayor Tammy de Weerd. Members Present: Mayor Tammy de Weerd, Keith Bird, Shaun Wardle, Christine Donnell, and Charlie Rountree. Others Present: Bill Nary, Will Berg, Brad Watson, Bill Musser, Brad Hawkins-Clark, Bill Johnson, Bruce Freckleton, Kenny Bowers, and Dean Willis. Item 1: Roll-call Attendance: Roll call. -L Shaun Wardle ---1L-Christine Donnell -L Charlie Rountree ~Keith Bird ~ Mayor Tammy de Weerd De Weerd: Okay. I will go ahead and open the regular City Council meeting and it is February 22nd, it's 7:00 o'clock. Welcome here tonight. And we will start with roll call attendance. Item 2: Pledge of Allegiance: De Weerd: Item No. 2 is our pledge of allegiance. Becky McKay will lead us in the pledge. Please rise. (Pledge of Allegiance recited.) Item 3: Community Invocation by Pastor Stan Kelly, with Capital Christian Center: De Weerd: Okay. Item NO.3 is our Community Invocation. We will be led by Pastor Stan Kelly with Capital Christian Center. Please join us in the community invocation or take this opportunity for a moment of silence. Welcome. Kelly: Thank you. I already -- I had a meeting the other night and I already apologized to the Planning and Zoning Commission for keeping them here all hours of the night, so I'm clean before the Lord, so I can pray. Dear Heavenly Father, I do thank you for these citizens of this great city that give a part of their lives so that those that work and live in this community can have a little better life and so, Lord, I ask that you would watch over the proceedings tonight, that you would bless it with unity, you would bless it with fairness, and, Lord, that you would resolve some very difficult issues that they have before them. Lord, we ask your blessing upon this and your presence here tonight. We ask this in your holy name, Amen. Meridian City Council February 22, 2005 Page 2 of 19 Item 4: Adoption of the Agenda: De Weerd: Thank you, Pastor. And we will remind those words next time you come to testify. We will have you lead us in the community invocation that night. Okay. Item NO.4 is adoption of the agenda. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: The only change I know of is on the Consent Agenda. Item G, the agreement of the inspection service of Rich Greene, we just got the contract and Bruce just got us some facts and figures, so I would like to see that put on the March 1st Consent Agenda, if the rest of the Council agrees with it. And with that I would move that we approve the revised agenda. Donnell: Second. De Weerd: Thank you. The motion is to approve the Consent Agenda as revised. All those in favor say aye. Okay. All ayes. Motion carries. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 5: Consent Agenda: A. Tabled from February 15, 2005: Amendment for Professional Services Aqreement with Diane Kushlan: B. Approve Minutes of January 25,2005 Pre-Council Meeting: C. Approve Minutes of January 25, 2005 City Council Regular Meeting: D. Approve Minutes of February 1, 2005 City Council Regular Meeting: E. License Aareement with Nampa & Meridian Irriqation District for Bear Creek No.8: F. Water Main Easement for Cherry Crossina No. 2 bv Boise Surolus 2002. LLC: De Weerd: Item NO.5 is the Consent Agenda. Bird: Madam Mayor? Meridian City Council February 22, 2005 Page 3 of 19 De Weerd: Yes, Mr. Bird. Bird: I move that we approve the Consent Agenda, with the exception of Item G, which we tabled until March 1 st, 2005, and for the Mayor to sign and the Clerk to attest on all proper papers. Wardle: Second. De Weerd: The motion is to approve the Consent Agenda, with the removal of tabled Item G to March 1 st. Mr. Berg, will you call roll. Roll-Call: Bird, yea; Rountree, absent; Wardle, yea; Donnell, yea. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 6: Department Reports: A. Fire Department - Bill Johnson 1. RFP for Paramedic Position Advisor: De Weerd: Okay. Item 6, Department Reports. Deputy Chief Johnson. Johnson: Yeah. Madam Mayor, Members of the Council, after months of working on it, we finally got the request for funds proposal prepared for going out to -- for a physician advisor for our paramedic program. In talking with Attorney Nary, he said that to go ahead and post it and just give you guys a quick briefing that we were putting that out and we will be getting those back by the 1 st of April, so we can review them and come up with a funding idea. De Weerd: Okay. I guess I would have a question on -- last fall we met with the Ada County commission and discussed a countywide medical board and training program. How would this work in relationship with that? And we would still need someone that would be our own oversight, but how would it work with the countywide effort? Johnson: That would be a joint effort, like we continue and hope to do with our paramedic program is -- it's integrated as one, but having our standing orders there to work with. The Ada County program right now -- I'm not sure where they are at in the process. They have just formed a committee, so I -- you know, we need to get something, so that we can work our licensure. But we would plan on still being a team effort, just like it is now with the shared house at Station Two and developing our program and relationship even further. De Weerd: Thank you. Any questions, Council? Bird: I have none. Meridian City Council February 22, 2005 Page 4 of 19 De Weerd: Okay. Thank you. Johnson: Thank you. Item 7: (Items Moved from Consent Agenda) De Weerd: There were no items moved to Item 7. Item 8: Tabled from February 15, 2005: RP 05-001 Request for a Reduction in Platting Requirements to divide one 1.71 +/- acre un-platted parcel into two parcels for EP Crossinas. LLC by EP Crossings, LLC - northeast corner of East Fairview Avenue and Venture Street: De Weerd: So, I will go ahead and move on to Item 8, which was tabled from February 15th on RP 05-001. Start with staff comments. Hawkins-Clark: Thank you, Madam Mayor, Members of the Council. This is a request for a -- essentially, a lot split on a property that the Council approved with a CUP last year. This is on the east side of Venture Street on the north side of Fairview Avenue. This is on the very edge of our area of city impact. If you may a call, it was a Mountain West Bank and what they are proposing to do at this point in time is this dashed line here in the middle is there new proposed boundary and they are -- the staff knows is still moving ahead on the bank plan, the Conditional Use Permit that was approved on what is shown here as parcel A. Parcel B would remain undeveloped. I think you have seen a few of these before. Since this is not in a recorded subdivision, the new procedure requires the applicant to come to the Council on un-platted land to receive approval for these splits. So, I guess the only thing I would point out is that we are proposing as a condition that they make all of the improvements, in particular the landscape buffers on Fairview and Venture -- all of the required improvements that were with the Conditional Use Permit be made on the full -- both Parcel A and Parcel B. I think other than that it's, a pretty standard, simple staff report that's in front of you and unless you have any questions, we are recommending approval of it. De Weerd: Okay. Council, any questions? Bird: I have none, Mayor. Donnell: None. De Weerd: Okay. Does the applicant have anything to add? If you will, please, state your name and address. Simons: Madam Mayor, Members of the Council, I'm Andy Simons with EP Crossings, LLC, P.O. Box 15407, Boise. We have read the staff report and agree with all the comments, so we are fine with it. I will answer any questions otherwise. Meridian City Council February 22, 2005 Page 5 of 19 De Weerd: Okay. I don't believe there is any questions, but thank you. Okay. Council? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move that we approve RP 05-001, EP Crossings, LLC, and to incorporate staffs comments. Wardle: Second. De Weerd: Okay. The motion is to approve Item NO.8. If there is no further discussion, Mr. Berg, will you call roll. Roll-Call: Bird, yea; Rountree, absent; Wardle, yea; Donnell, yea. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 9: FP 05-006 Request for Final Plat approval of 35 building lots and 8 other lots on 9.19 acres in a R-4 zone for Silverleaf Subdivision No.1 by Liberty Development, LLC - 2683 West Chinden Boulevard: Item 10: FP OS-007 Request for Final Plat approval of 55 building lots and 5 other lots on 16.66 acres in a R-4 zone for Silverleaf Subdivision No.2 by Liberty Development, LLC - 2683 West Chinden Boulevard: De Weerd: Thank you. Item 9 is FP 05-006. We will start with staff comments. Hawkins-Clark: Madam Mayor, would it be okay if I made comments on both Item No.9 and No. 10? De Weerd: You bet. Hawkins-Clark: And I think the City Attorney has agreed that if the Council is okay with that, you could actually make a motion on both of these, as the same subdivision, just different phases, so -- the Silverleaf Subdivision -- this is just on North Ten Mile Road, south of Chinden -- between Chinden, McMillan -- this is on the east side and this was their approved preliminary plat. They have this five acre parcel that they have their entry road shown as this is phase one and they would, obviously, need the parcel to the east, which is not part of an approved subdivision at this point, to continue that roadway. However, they do have -- their property is contiguous and the -- basically, this collector road here kind of designates where the next phase is. Basically, everything on the south side here. It does not include the future school site or the stuff that's fronting Chinden. So, there is -- phase one and two are both, basically, on the south end of their Meridian City Council February 22, 2005 Page 6 of 19 project. Staff has reviewed it, the -- since the phases do touch each other, even though there is not a connection, we still recommend approval. Phase two gets connection through Lochsa Falls Subdivision and we have our recommended conditions in front of you tonight. We recommend approval of both Item No.9 and No.1 O. De Weerd: Okay. Council, any questions for staff? Bird: I certainly have none. De Weerd: Does the applicant agree with all conditions? Okay. Yes. Thank you. Okay. Council? Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: With that, I move that we approve Item No.9 and 10, FP 05-006, and FP 05- 007, final plat for Silverleaf Subdivisions NO.1 and NO.2. Donnell: Second. De Weerd: Okay. The motion is to approve Items 9 and 10, with staff comments. Mr. Berg, will you call roll. Roll-Call: Bird, yea; Rountree, absent; Wardle, yea; Donnell, yea. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 11: FP 05-010 Request for Final Plat approval of 91 single-family residential building lots and 5 common area lots on 29.36 acres for Messina Hills Subdivision No.3 by Tuscany Development - east of South Locust Grove Road and south of East Victory Road: Item 12: FP 05-009 Request for Final Plat approval of 42 single-family residential building lots and 10 common area lots on 18.88 acres for Tuscanv Lakes Subdivision No.2 by Tuscany Development - east of South Locust Grove Road and south of East Victory Road: Item 13: FP 05-008 Request for Final Plat approval of 30 single-family residential building lots and 3 common area lots on 12.61 acres for Tuscanv Lakes Subdivision No.3 by Tuscany Development - east of South Locust Grove Road and south of East Victory Road: De Weerd: Thank you. Item 11 is on FP 05-010. We will start with staff comments. Meridian City Council February 22, 2005 Page 7 of 19 Hawkins-Clark: Madam Mayor, is it possible on these to do these together or -- I guess -- De W eerd: Are 11, 12, and 13 related? Hawkins-Clark: Well, they all are the same applicant. They were all approved under the same preliminary plat, but as you can see, they do have two different subdivision names. Hawkins-Clark: I would certainly -- if Council does not find a problem with it, we will discuss Items 11,12, and 13. Donnell: Fine. Bird: They are all by Tuscany Development, so -- De Weerd: That's correct. Bird: I have no problem with it, Mayor. De Weerd: Okay. Hawkins-Clark: Okay. Thank you. Item No. 11 is the Messina Hills Subdivision No.3 and this is 91 building lots that is located generally in the center of what came through as Tuscany Lakes, which stretched the full mile from Locust Grove to Eagle Road. The Ridenbaugh Canal touches a portion of his phase, as did the Eight Mile Lateral. The one point that I would point out, I think it affects all three of these applications and it relates to the proposed ponds that are included in the common lots, which are in these phases. Tuscany Lakes NO.2 and it's -- just to familiarize you with it again, where these phases are at. This was Messina Hills No.3 here. Tuscany Lakes No.2 at the north end of the development. And, then, Tuscany Lakes No. 3 is just south of Tuscany Lakes No.2. So, essentially, we are talking about this area that's bound by the Ten Mile and the Eight Mile and the Ridenbaugh. And if you recall, there was, actually, an amended preliminary plat that came through just a couple of month ago, that proposed to take a couple of the common area lots and convert those to building lots and they have added some -- add to their existing open space. This large area here, this lot is proposed to have enter-connected ponds and the proposal tonight, I think we are asking Kent Brown, the applicant, to propose to the Council how -- in terms of the depth of the water level and the gradient as you enter the edge of the pond, so the special consideration that you may have seen in Sonya Allen and Bruce Freckleton's staff report that noted just a concern about the -- the quick drop off out to the two-to-one slope under the water and the ponds do go to, I think, approximately 15 feet in depth. So, we haven't seen a lot of these -- it is basically an approved amenity, it does not retain storm water. It's not for that purpose. It is strictly an amenity to their projects and that was the main concern in terms of the gradient that once you hit under the permanent water level -- and these are permanent water level ponds, so how that would Meridian City Council February 22, 2005 Page 8 of 19 be constructed. So, we are asking that the applicant state how they intend to address that. Our ordinance does not address these kind of ponds and safety issues related to them and we'd just recommend that you add a condition that states that the applicant will construct them per the standards that they give to you tonight, I mean if you're comfortable with those. There has been one example, I think the Public Works found that it was approximately six feet at a four-to-one slope before you start getting into the steeper two-to-one slopes. Ten feet has been bantered around, but, again, there is no ordinance for the City of Meridian that addresses these. So, other than that concern, staff is recommending approval of all three of these final plats. De Weerd: Brad, on the example that you found, is it built and has there been any issues? Hawkins-Clark: That's the pond in Settler's Park. De Weerd: It is built and to my knowledge there is no issues. I'm so glad I asked. Well, Mr. Brown, please, state your name and address. Brown: Okay. For the record, Kent Brown. Business address 1800 West Overland, Boise, Idaho. De Weerd: Thank you. Brown: Brad, if you could go back to an overall -- the ponds in question -- and I'm handicapped, because I'm left handed. But we have ponds located here. This is the Eight Mile Lateral right here. The ponds start here and are fed with water that we generate and, then, they will have a pipe that goes from here into this pond and, then, this pond flows and, then, stops short of the street and, then, water will go in a pipe into this pond and the water will come up, come over and into the Ten Mile. These were ponds that we initially talked about in our approval and we have been talking about them all along in the project. What staff stated as a special concern is in all three phases and that's why I asked that we maybe look at these as they have the same issue, because Hills Three, Lakes Two, and Lakes Three have -- all have ponds and so it's a special concern in all three of them. As we designed them, we looked at other ponds and other similar locations. There isn't really a hard and fast rule, but what we looked at is it will come in a certain distance with a four-to-one slope and, then, go to a two-to-one slope and that the ponds will stay a little cleaner and with this water moving through there and it's got some depth, it's actually going to stay cleaner. So, we want to not have as -- we want them to be safe. We picked four feet, with four-to-one slope. The Settler's is six feet and as Brad was talking about, they had been bantering around ten feet and, basically, what we looked at is if someone fell in that first let's say eight feet, the deepest water would be three-to-one slope. Or three feet deep. Excuse me. And that would be pretty acceptable. The first four feet they are only one foot deep. So, it's going from basically inches to one foot deep four feet in and, basically, we are looking at toddlers. The applicant is planning on putting signs. He doesn't want anybody in the ponds at all. It's not our intent that they are swimming holes or anything Meridian City Council February 22, 2005 Page 9 of 19 like that. And there are a few new City Councilmen, but when we did this design initially, the Ten Mile is called out as a greenbelt and so there is a greenbelt on the west side that runs along these lots here. On the east side we have our own internal pathway that's there and, then, by coming into this open space, coming around and, then, going on the upper side here with a pathway, crossing the road, and, then, up and around the backside, there is a means to connect back into there, so you have a loop that you can walk in internally in case, in my opinion, the Ten Mile really never gets completed, it's really working internally for the subdivision. There is an owner here that has two acres and has a good section of it. We have constructed the Ten Mile path beyond there. Nampa-Meridian has a huge structure. They pull water out of the Ridenbaugh Canal and feed the Ten Mile with water or else it would dry up. To the south you will have some projects in the future that will take you down to Amity Road very quickly, with just a couple projects. And so we can see some connectivity, but see this as being difficult in seeing this and that's why we had this internal pathway. So, we expect people to use those and be walking around there, but we weren't intending on fencing them, we were intending on putting signs up and, then, in our judgment we picked four feet for it to be one foot deep for that section. Settler's Park has six feet and I guess we can kind of leave it at that. And you guys can discuss it -- we can discuss it if you would like. The other issue that I have is there is a lot right here. This isn't the same configuration that we have today, but we have a common area lot and we have proposed a clubhouse in that location in Hills Three and condition number five says -- site specific condition number five says that you cannot do any building permits prior to the recording of the final plat and that the fences have to be in, the street surfaces need to be approved by ACHD and so forth. We are making the request that you modify condition five to state residential lots and that you would allow us to build that clubhouse in the process. Earlier today I spoke with Deputy Chief Silva and said, basically, this is what we are looking at, is that we would like to put in the noncombustible improvements, concrete, asphalt, until a point where we can meet the fire department's requirements for fire, being water -- acceptable water for them to fight a fire and acceptable access. Hard weather surface. And, then, at that point we would do that. So, what we were looking at is the Briggs Engineering, he would submit to the planning department a ZC for the construction of that common area, which is a pool and clubhouse, a little parking lot, get that approved through Planning and Zoning and submit for a building permit, as we were putting in the street improvement project, the portion of that, so that when we started building lots we have something that's done to market out of. Hopefully, you will look upon that favorably, because we have got other preliminary plats and it just makes sense for us to do that and we would be back asking, hopefully, you know, for you to let us do that in some of our other future projects. The development community, for whatever reason, says that these clubhouses and pools are beneficial, they want to market out of them, and that's exactly what we will be doing. Just to bring you up to date, we have a bridge constructed here and a bridge constructed here and a bridge constructed here. If you weren't afraid to get your car a little bit dirty, you can drive all the way through from one end to the other in there today. We have talked to our clients, when we were originally approved, the fire department had concern that these were basically islands out here with only one means in. So, what we are trying to accomplish is by submitting all three of these we are going to Meridian City Council February 22, 2005 Page 10 of 19 construct this one and this at the same time. Hills Three and Lakes Two, basically, are just going to go side by side through the process and try to be recorded in two or three months. And that's our intent. So, I stand for any questions. De Weerd: Okay. Council, any questions? Bird: I have none. Donnell: Madam Mayor? De Weerd: Mrs. Donnell. Donnell: Kent, when -- when I think of other subdivisions that have water running through them and have ponds, I haven't seen that that's really been any kind of issue in terms of them becoming swimming holes, but they do. Ten Mile Creek in Meridian Greens, where I used to live, the kids would float down that, because it proceeds pretty rapidly, but it is also very shallow. So, I'm assuming that -- I guess I don't understand what kind of liability a developer would have for those kinds of waterways or open areas of ponds and perhaps, Mr. Nary, you could comment on that or perhaps you don't know either as well, if there is liability to the developer or to the association. Certainly not to the city if we approve them. Brown: That's correct. Nary: Madam Mayor, Members of the Council, these are private amenities on private property. They are -- there is no charge for access to them, so there is no liability to the city for those open ponds being there. The homeowners association are the owners of them and if I was a member of that association, I would want to make sure they had insurance in case of liability questions, but I mean they can post the property and it doesn't mean some lawyer wouldn't find some way to sue them if someone were to get injured, but as for the city's liability -- or their personal liability for the homeowners association, they could probably cover that through insurance. Donnell: Thank you. De Weerd: Thank you. Any other questions? Donnell: Madam Mayor? De Weerd: Yes. Donnell: Just a comment. I think it looks like a very nice development. I mean I think those are wonderful amenities. I think that's very attractive for people living there. So, I hope you didn't misunderstand my concern about them becoming swimming holes. Meridian City Council February 22, 2005 Page 11 of 1 9 Brown: My personal opinion is that even though these clubhouses are very nice, my brother-in-law happened to live in Columbia Village and there is a couple of clubhouses there. They -- when they are paying their dues, their key opens the door and they can go in and swim and so forth and I don't think that he uses that amenity that much. The one that I think that is the most beneficial is the pathway. From my experience of the past in being a planner for the city of Boise, what I physically saw was that people walked of all ages and that a mixture of sidewalk and pathway together really -- basically what people want is you come to a certain point and if you have -- let's say at this open space right here a map and it says that that's a half mile, they either do that or they go to see Mr. Wardle and do it on the machine in his -- I mean they just -- they want to know about how far they are walking and so that helps them and they will do it on the sidewalk if they have to. These streets are tree lined and I think that they can still do that and be just fine, but if they want to walk around the pond and ducks and geese or whatever that might be there or habitat there, we are proposing some landscaping there to make those a nice amenity. Donnell: So, Madam Mayor, follow up? De Weerd: Uh-huh. Donnell: So, could I ask Chief Bower to comment on the idea of having them proceed with the clubhouse until the water is available, if I understood what you were telling us. Noncombustible materials. Bowers: Madam Mayor, City Council Members, we do allow that in commercial buildings, basically. We allow them to pour the footings, foundations, concrete before their -- before they bring on any wood or anything like that. We do allow that. Donnell: Okay. Thank you. Bowers: Thank you. De Weerd: Thank you. Okay. Any other questions, Council? Staff, do you have any questions for the applicant? Hawkins-Clark: Yes, I do, Madam Mayor, if I could ask one other thing I think that was missed in the staff report. There is one lot that is below 8,000 square feet. It's only 80 feet below, but they, technically, will have to meet the 8,000 and there is plenty of room to shift it around. Brown: Which one? Hawkins-Clark: But it's in Messina Hills Subdivision NO.3. It's Lot 7, Block 11. And so if -- the Conditional Use Permit that they got allowed for reduced frontages, but did not allow for the reduced lot sizes, so -- both lots on either side are over 8,000, but if you wouldn't mind just adding that they do need to have all lots meet the minimum 8,000. Meridian City Council February 22, 2005 Page 12 of 19 De Weerd: Okay. Okay. Council? Donnell: Madam Mayor? De Weerd: Mrs. Donnell. Donnell: I would like to make a motion that we approve FP 05-010, Item 11, and Item 12, FP 05-009, No. 13, FP 05-008, that's Messina Hills Subdivision No.3, Tuscany Lakes Subdivision No.2, Tuscany Lakes Subdivision No.3, incorporating all staff comments and agreements to follow those conditions in site specific requirements. Wardle: Second. De Weerd: Okay. I have a motion to approve 11, 12, and 13. Would that also allow the opportunity to build the clubhouse prior to -- Donnell: It would. I assumed -- Madam Mayor, my motion did include that approval based on our staff's approval as well. De Weerd: Okay. And it also -- Wardle: Madam Mayor? De Weerd: Yes. Wardle: If I could just add for clarification from the second. Did the maker of the motion intend to specifically address all the comments from Briggs Engineering in the letter dated February 22nd, 2005? Donnell: That's just a wonderful clarification, Councilman Wardle. I'm so glad you're there. Wardle: Thank you. Second agrees. De Weerd: And that letter is what detailed the ponds? Wardle: Yes. De Weerd: Okay. The motion is to approve 11, 12, and 13. If there is no further discussion or clarification needed, Mr. Berg, will you call roll. Roll-Call: Bird, yea; Rountree, absent; Wardle, yea; Donnell, yea. MOTION CARRIED: THREE AYES. ONE ABSENT. Meridian City Council February 22, 2005 Page 13 of 19 Item 14: Public Hearing: PP 04-044 Request for Preliminary Plat approval of 6 office lots on 4.65 acres in an R-8 zone for Verona Subdivision No.3 by Primeland Development, LLP - NEC of North Ten Mile Road and West Milano Drive: De Weerd: Thank you. Okay. Item 14 is a Public Hearing on PP 04-044. We no longer require swearing in, but we do have a little notation down there that although the city no longer swears in, we do assume or expect that testimony be truthful and honest to the best of the ability of the presenter. You like the little footnote, counsel? Donnell: Are you going to do that every meeting, Madam Mayor? De Weerd: No. I just thought it was kind of fun. I guess -- the only thing I would suggest is maybe a little asterisk by the public hearings that that would send their eye down to that little statement. Nary: We can add that to next week's agenda, Madam Mayor. De Weerd: Okay. But thank you. I appreciate the additions to the agenda. Okay. We will open Item 14 with staff comments. Hawkins-Clark: Thank you. Madam Mayor, Members of the Council, this is a request for a preliminary plat, six lots. The land has already been annexed and zoned as part of Verona Subdivision. This is -- would be a third phase. It's located on North Ten Mile Road. The other property you just saw tonight, Silverleaf, is just to the north here. As you can see, a couple of phases have already been platted in Verona and this phase was shown on there. The approved preliminary plat and their planned development application to be office lots, so just so you're aware, as far as the R-8 zone, it is part of the 20 percent use exception in the residential zone. So, what they are proposing to do is as you come in off of their main entry road into Verona Subdivision, they are proposing to create six office lots and there would be access from the main entry and from this new local street here on the east side. Internal cross-access amongst the lots. They would make improvements to Ten Mile Road in terms of the buffer there. The Planning and Zoning Commission did hear this item at their January 20th meeting and Becky McKay testified in favor of it. There was no other public testimony and the Commission had all ayes for their recommendation. The preliminary plat dated September 3rd, 2004. And I think the only condition that I wanted to point out is the site specific condition number one, which says prior to occupancy of the first structure the applicant shall rezone the property to L-O and we have been encouraging this as we -- this is a little bit of a change for our department. Rather than having these office lots be residentially zoned, even though the planned development ordinance allows it, I think for the assessor and/or real estate agents and futures users, it helps to have the underlying zone match the use. So, prior to the first occupancy of one of these six lots we'd ask them to come back to rezone the property. So, I think that's all staff has. De Weerd: Okay. Any questions for staff? Meridian City Council February 22, 2005 Page 14 of 19 Bird: I have none. Donnell: None. De Weerd: Okay. Would the applicant like to comment? McKay: I'm getting old. I can't see the board anymore without glasses. Becky McKay. Engineering Solutions, 150 East Aikens, Suite B, Eagle. Just want to state for the record this was previously approved as three lots, a little over an acre each. We were finding once we started that platting process on our phase two that we were getting interest from some dentists, doctors, and so forth and a little over an acre is too large for what they need and they are looking for about a half acre or .7 and so we decided to run this preliminary plat through to re-subdivide the three previously platted lots into six. We did install all the services when we were constructing the streets, so all the services are already in, so we don't have to cut any streets or tear anything out, any improvements that were already previously installed. De Weerd: Is one of them yours? McKay: I'm still working out there on Pine. I'm this close. De Weerd: Council, any questions? Donnell: No. Bird: I have none. Other than you have no problem with the site number one, item one? McKay: No, sir. And we already submitted our request for rezone, to just clear that up and make it a little easier for your staff. Bird: Thank you. McKay: Thank you. De Weerd: Thank you. Okay. Is there any further public testimony on this item? Okay. Council? Wardle: Madam Mayor, hearing none, I move that we close the Public Hearing. Bird: Second. De Weerd: Okay. The motion is to close the Public Hearing. All those in favor say aye. All ayes. Motion carries? Meridian City Council February 22, 2005 Page 15 of 19 MOTION CARRIED: THREE AYES. ONE ABSENT. Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: I move that we approve Item No. 14, PP 04-044, preliminary plat for Verona Subdivision and to include all staff and applicant comments. Bird: Second. De Weerd: Okay. The motion is to approve Item 14. Mr. Berg, will you call roll. Roll-Call: Bird, yea; Rountree, absent; Wardle, yea; Donnell, yea. MOTION CARRIED: THREE AYES. ONE ABSENT. De Weerd: Thank you. Council, I'm sorry, I failed to ask if we could add an item before the Executive Session and that would be from Brad to update us on the Brownfield Study, the EPA and the DEQ. Would you have an objection to that? Bird: I certainly wouldn't. Donnell: No. That's just fine. Bird: We will make it 15 and the Executive Session 16. De Weerd: Okay. Wardle: Second. De Weerd: Thank you. All those in favor say aye. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 15: Brad Hawkins-Clark: Update. De Weerd: I like how those motions go. Okay. I appreciate your willingness to do that. We had Mr. Hawkins-Clark on earlier this month and kind of got lost in the shuffle. We have Clair Bowman with us also here tonight. Thank you, Clair, for coming. Hawkins-Clark: Now that I get this up there, I'm thinking maybe it's not going to do you much good. I don't think you can see it. I can make copies for you on this. Let's see. Maybe I can zoom in. Here we go. There we go. The work that Meridian -- that our department has done on this, the first couple items there, I just wanted to show you, basically, private party studies have been done on the creamery site. And, again, this Meridian City Council February 22, 2005 Page 16 of 19 does include both parcels. There are, actually, two tax parcels at the creamery site with the four buildings that are split by the alley and all of these studies do, actually, incorporate both of those parcels. But in 1993 there was three underground storage tanks that were removed as part of Ada County Highway District's railroad crossing project on Meridian Road. When they worked on that they built that new crossing and made the taper there and at that point in time they discovered three underground storage tanks that had petroleum and they were removed as part of that project in 1993. Those were all just west of the boiler house at the time. The boiler house is that -- the southern most building there closest to Meridian Road. And CH2M Hill was the contractor on that. There was some question at the time as to whether some groundwater and/or soil contamination may have occurred and so they did make a recommendation that further down the road that be done. So, in 2000 there was a phase one site assessment that was done that showed a history of petroleum handling that pointed out there that the Fletcher Oil, I believe it was called, that operated there for probably 30 years, identified some of the specifics on the property. They showed there was a potential of leaking and spills and soil contaminants and, basically, they -- it was a pretty thorough study that, again, was done privately by MTI, Materials Testing, and, then, in 2002 the -- there was limited phase two and, again, these are environmental type studies. That investigation looked at both the soils and asbestos on the property. There was -- no soil material showed petroleum hydrocarbons, if that's -- under that that exceeded 1.5 parts per million. And, again, I'm not claiming to be the geologist or the surveyor or anything else on this, ['m just pointing out what these are. We have very detailed studies. These are technical reports that if the Council wants, maybe we would, you know, bring some of these people in that did the studies, but these are just the summaries of their studies that they actually gave to us. Then, the public agency study is the second item -- header there. In 2003 we submitted an application to EPA for a targeted Brownfield assessment, they call it, and this Brownfield is a project that EPA has that, frankly, is more of an economic development tool than it is an environmental tool, because it is geared towards industrialized usually former areas that are either contaminated or perceived to be contaminated and they do provide quite a bit of assistance. This was, actually, a program that President Bush, when he first came on, put in quite a bit more money and there has been a lot of activity in the last several years on this Brownfield project. Or the federal Brownfield program. So, anyway, this is a small subset of what EPA has to offer. Western Solutions was EPA's subcontractor. At this point in time we only have a draft report from them. What that draft report did -- they analyzed asbestos materials, lead-based paint, all the drums and the containers that were on the property, the floor drains inside the building, which up until this point most of the work did not deal with internal to the buildings. They also looked a little bit at the ground water and some surface sediment. We did receive a summary of those findings, which copies of -- have been made for you, to kind of give you an idea of what that -- what that found. But most of their concerns, frankly, were tied to what -- the question was what were the results of anything of any remaining contaminants from these underground storage tanks and DEQ, then, came into the picture just early last year and, basically, chipped in another 50 or 60 grand and completed some of the work that Western Solutions could not finish. They focused on the groundwater and the hazardous materials in their study. We do have a final report from Maxim Technology, Meridian City Council February 22,2005 Page 17 of 19 who was DEQ's subcontractor on that, and they did soil borings and they put in four monitoring wells on the site and I was going to show you where those wells were. So, again, this is the Donald Shell site right here and they did -- or, actually, just to the east of that. This is the city's parking lot, actually, and so there is a site here and a site here and, then, down near the garage/pump station or pump facility, this is that on the south end, that's -- there is a -- they dug a well there and, then, there is another one out close to Meridian Road over here. So, those are the four monitoring wells that they put on the site. Again, this is the boiler building. And, in summary, what they -- what they have found -- their main concerns relate to the ditch, actually, which runs on the south side of the property and what they -- the DOC -- the compounds in the surface soil and the ditch did exceed what they call the initial default target levels, which are technical standards that they set for all kinds of contaminants and their recommendation is public access to these soils be prevented in the future. Where they come from is the question. They could easily come from off site and probably do, actually. Even though there is some history at the creamery of some use of this ditch for dumping waste into. But it's very doubtful that the contaminants that are there today are a result of the activities that happened on that property. So, needless to say, since this was a point of the scope, their recommendation is to deal with that with any future development and just, basically, limit any access at all, which, of course, the city ordinance requires them to pipe ditches anyway. Subsurface soil impacts, arsenic levels were found in some soil samples that they took. There was a question raised as to all of these naturally occurring standards that were just in the soils anyway, some metals. Apparently, that's not uncommon for this part of downtown to have some higher levels that exceed the state's maximum threshold. That being said, their recommendation on that is to -- as long as these are capped over or, you know, a capped surface or some other limitation to the soils is done, that they believe that that would probably take care of any potential threats to users of the site in the future. As you can tell, there is really not a flaming arrow that is coming out of this study, Generally, they found while -- you know, while there probably was asbestos issues, those are things that need to be cleaned up and our fire department often has to deal with asbestos cleans when they do their fire burns and whatnot and we do have experience with that. There was not a detailed lead paint study done. Some samples were taken, but it's a large facility and who is to say for sure, but most of the time those can be pretty easily and pretty cheaply addressed in terms of dealing with the lead paint. So, what we have, then, are these two studies from EPA and DEQ. EPA, as I said, we don't expect, really, any changes, even though we don't have a final report from them. The maximum -- when they went onto the site they actually did recycle about 300 gallons of petroleum chemical related substances that were on the site. They did take care of those. There remains, of course, a number of issues that would probably need to be addressed in terms of standard cleanup of sites with some of the auto uses that have been there for years and years and years. But coming out from the professional geologist standpoint, the main issues that are typically looked at from a contaminant standpoint under these Brownfield studies, they are coming back and saying that the main things was the ditch and some soils that need to be -- that need to be looked at and addressed by any future user of the site, so -- and, like I say, I will make a copy of this and the -- a little bit more detail in the findings of the EPA study. I can try to answer any questions you have. Meridian City Council February 22, 2005 Page 19 of 20 De Weerd: It's been moved and seconded to adjourn into Executive Session. Mr. Berg, will you call roll. Roll-Call: Bird, yea; Rountree, absent; Wardle, yea; Donnell, yea. MOTION CARRIED: THREE AYES. ONE ABSENT. EXECUTIVE SESSION: De Weerd: I would entertain a motion to come out of Executive Session. Bird: So moved. Donnell: Second. De Weerd: All those in favor say aye. ALL AYES. MOTION CARRIED. De Weerd: We want to remind you of the workshop on Friday and I gave you some homework to prepare yourself with and I did also photocopy a letter from Ada County on our area of impact request and we will have a report for you next week. Donnell: Madame Mayor. De Weerd: Ms. Donnell. Donnell: I make the motion that we adjourn. Wardle: Second. Bird: Before we do that, you have got to make a statement that no decisions were made. Nary: The law presumes that you didn't violate it by going into Executive Session. Bird: Okay, [ didn't want to get into trouble. De Weerd: All those in favor of adjournment say aye. ALL AYES. MOTION CARRIED. Meridian City Council February 22, 2005 Page 20 of 20 MEETING ADJOURNED AT 8:37 P.M. (TAPE ON FILE OF THESE PROCEEDINGS) $ / I~ / tl~ DATE APPROV~ February 18, 2005 MERIDIAN CITY COUNCIL MEETING APPLICANT February 22, 2005 ITEM NO. 5~A REQUEST Tabled from February 15, 2005 - Amendment for Professional Services Agreement with Diane Kushlan 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 previous Item Packet ~~ Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meeflngs shall become property of the CIty of Meridian. February 11, 2005 MERIDIAN CITY COUNCil MEETING APPLICANT February 15,2005 ITEM NO. 5..J REQUEST Amendment for Professional Services Agreement with Diane Kushlan 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: ~{)o '? f#;' ~}I ~"0 Confacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meetlngs shall become properly of the City of Meridian. Tara Green From: Anna Canning [canninga@meridiancity.org] Sent: Friday, February 11,20052:52 PM To: 'Tara Green' Subject: Diane Kushlan Contract Dear Council Members, Please table Item J on the Consent Agenda for one week. I will have the proper paperwork prepared at that time. Thank you, Anna Canning Anna Borchers Canning, AI CP Ciry of Meridian Planning Director 660 E. WatertOJvcr Lam, Suite 202 Meridian, ID 83642 (208) 884-5533 phone (208) 888.6854 facsimile callnitJga@meridial/city.Of!, e-mail 2/11/2005 MEMORANDUM TO: FROM: MAYOR AND COUNCIL ANNA BORCHERS CANNING, AICP ~ PLANNING DIRECTOR v FEBRUARY 18, 2005 City OfM.eridi811 PROFESSIONAL SERVICES AGREEMENT FOR DIANE KUSHi:N~f Clerk Oiliee DATE: RE: Attached is a new professional services agreement for Diane Kushlan that extends her original commitment with the City. The contract will not exceed 120 hours at $65 per hour (total contract amount of $7,800). I have sufficient funds budgeted to cover this expense. CI1Y OF MERIDIAN PLANNING AND ZONING DEPARTMENT 660 E. WATERTOWER ROAD MERIDIAN,ID 83642 PROFESSIONAL SERVICES AGREEMENT FOR ON - CALL PLANNING SERVICES TITLE: City of Meridian Unified Development Code PROFESSIONAL SERVICES AGREEMENT This agreement is entered into on the date listed below between the City of Meridian, Idaho hereinafter referred to as "CITY", whose address is 660 K Watertower, Meridian, ID 83642;whose telephone number is (208) 884-5533 and whose fax number is (208) 888-6854, and Diane Kushlan, Planning and Management Services, hereinafter referred to as "CONSULTANT", whose office is Post Office Box 8463, Boise, ID 83707, whose business phone number is (208) 433-9352 and whose fax number is (208) 433-8429. Section 1. CONSULTANT Services The Scope of Work is Zoning and Subdivision Ordinance Amendments as outlined in Exhibit "A". Section 2. Schedule CONSULTANT shall perform services from October 1, 2004 on an "as needed basis" and shall continue to a time acceptable to the CITY. However, the performance of any Services shall not continue past September 31, 2005 unless an extension of time is approved by the City of Meridian Planning Director. Section 3. Compensation. For its Services, the CITY agrees to pay CONSULTANT $65/hour not to exceed $7,800 for all services. Out of pocket expenses shall not be reimbursed unless authorized in advance by the City of Meridian Planning Director. Section 4. Method of Payment; Periodic Payments. A. CONSULTANT shall invoice the CITY no more than once per month. All invoices shall detail the services performed and shall include the date, timekeeper, rate, time spent (measured in tenths of an hour) and a detailed description of the services. B. All invoices shall be paid by mailing a CITY warrant within sixty (60) days of receipt of a proper invoice. C. CONSULTANT shall keep time and expense records, other cost records and accounts pertaining to this agreement, available for inspection by CITY representatives for three (3) years after final payment. Copies shall be made available on request. KUSHLAN AGREEMENT D. If the services rendered do not meet the requirements of the agreement, CONSULTANT will correct or modify the work to comply with the agreement. The CITY may withhold payment for such work until the work meets the requirements of the agreement. Section 5. Discrimination and Compliance with Laws A. In performing the Services required herein, CONSULTANT agrees not to discriminate against any person in the performance of this agreement because of race, color, religion, sex, national origin, age or non-job related handicap, or because of prior military service or current military status, and shall comply with all applicable federal and state laws and regulations of governmental agencies relating to civil and human rights. B. CONSULTANT shall comply with all federal, state and local laws and ordinances applicable to the work to be done under this contract. C. Violation of this section 5. shall be a material breach of this agreement and grounds for cancellation, termination, or suspension of the agreement by the CITY, in whole or in part, and may result in ineligibility for further work for the CITY. Section 6. Term and Termination of Agreement A. This agreement shall be effective upon signing and shall remain in effect until terminated in accordance with paragraph B. of this section. B. This agreement may be terminated by either party without cause upon thirty (30) days written notice, in which event all finished or unfinished documents, reports, or other material or work of CONSULTANT pursuant to this agreement shall be submitted to the CITY, and CONSULTANT shall be entitled to just and equitable compensation at the rate set forth in Section 3. for any satisfactory work completed prior to the date of termination. Section 7. Format and Ownership of Work Product All data, materials, reports, memoranda, and other documents developed under this agreement whether finished or not shall become the property of the CITY, shall be forwarded to the CITY at its request and may be used by the CITY as it sees fit. The documents to be provided pursuant to this agreement will be electronically submitted in Microsoft Word format. Formatting of code revisions shall follow the existing format to facilitate incorporation of the revised sections into existing City Code. Section 8. General Administration and Management The Planning Director of the CITY, or her designee, shall be the City's representative, and shall oversee and approve all services to be performed, coordinate all communications and review and approve all invoices, under this agreement. KUSHLAN AGREEMENT Section 9. Hold Harmless A. CONSULTANT shall protect, defend, indemnify and save harmless the CITY, its officers, employees and agents from any and all costs, claims, judgments, or awards of damages, arising out of or in any way resulting from the negligent acts or omissions of CONSULTANT, its officers, employees and agents in performing this agreement. B. CITY shall protect, defend, indemnify and save harmless CONSULTANT, its officers, employees and agents from any and all costs, claims, judgments 01' awards of damages, arising out of or in any way resulting from the negligent acts or omissions of the CITY, its officers, employees and agents in performing this agreement. Section 10. Independent Consultant In all matters pertaining to this Agreement, CONSULTANT shall be acting as independent CONSULTANT, and will not be deemed an employee or agent of the CITY. Section 11. Subletting or Assigning Contract Neither the CITY nor CONSULTANT shall assign, transfer, or encumber any rights, duties, or interests accruing from this agreement without the express prior consent of the other. Section 12. Extent of AgreementlModification This agreement represents the entire and integrated agreement between the parties hereto and supersedes all prior negotiations, representations, or agreements either written or oral. This agreement may be amended; modified; or added to only by written instrument properly signed by both parties hereto. IN WITNESS WHEREOF, CITY and CONSULTANT have executed this Agreement as of h:-tJrUWi 1- 22 Pt..!. , 2005. . CONSULTANT CITY OF /1:l?/'lc!/- By: ~/~ KUSH LAN AGREEMENT Scope of Work Amendment City of Meridian Code Amendments October 1, 2004 - September 31, 2005 The planning services that will be provided in support of the Code amendments and revisions based would be as follows: 1. Attend all meetings of the Process Improvement Group, staff and Planning and Zoning Commission. 2. Take notes of issues and questions from the meeting. 3. Prepare revisions and edits to the draft Code as a result of the comments. 120 hours are anticipated to complete this work, incfuding 20 hours in support of the Process Improvement Group, 20 hours of staff and P&Z Commission meetings and 80 hours of revisions; 120 hours @ $65/hour = $7800, plus any out of pocket expenses to be authorized in advance. Tasks Hours Support for Progress Improvement Committee 20 Staff and P & Z 20 Code revisions and edits 80 TOTAL 120 February 18, 2005 MERIDIAN CITY COUNCIL MEETING APPLICANT February 22, 2005 ITEM NO. 5..E REQUEST license Agreement with Nampa & Meridian Irrigation District for Bear Creek No.8 AGENCY COMMENTS CITY CLERK: See attached CITY ENGINEER: CITY PLANNING DIRECTOR: CITY AlTORNEY CITY POLlCE 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: fv(f,rJ Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meetings shall become property of the City of MeridIan. February 18, 2005 MERIDIAN CITY COUNCIL MEETING APPLICANT February 22, 2005 ITEM NO. 5-F REQUEST Water Main Easement for Cherry Crossing No.2 by Boise Surplus 2002, LLC 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 t((rJ Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meeHngs 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: 2/7/2005 Re: Proposed Agenda Items for 2/15/05 City Council Meeting The Public Works Department respectfully requests that the following items be placed on the 2/15/05 City Council agenda, on the Consent Agenda, for Council's consideration: 1) Water Main Easement for Cherry Crossina #2 bv Boise Surolus 2002 LLC. Typical Water Main Easement. Recommended Council Action: Approve the Water Main Easement for Cherry Crossing #2 by Boise Surplus 2002 LLC 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 2S]t!..day of 3411.1., 20~between EOI,Sc. Sl./f\.POiS d0@.L~he parties of the first part, and hereinafter called the Grantors, and the City of Meridian, Ada County, Idaho, the party of the second part, and hereinafter called the Grantee; WITNESSETH: WHEREAS, the Grantors desire to provide a water main right-of-way across the premises and property hereinafter particularly bounded and described; and WHER EAS, the water main is to be provided for through an underground pi peline to be constructed by others; and WHEREAS, it wi II 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 gi ve, grant and convey unto the Grantee the right- of-way for an easement for the construction, operation, maintenance, repair, replacement of a water n,ain over and across the following described property: o (SEE (2) 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 ri.ght 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 UN DERSTOOD 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 adjacent property to that existent prior to undertaking such construction, repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. 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- .vay 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 tbereof, shall cease and become nul] and void and of no further Water Main Easement Meridian EASMT WTR effect and shall be completely relinquished. THE GRANTORS do hereby covenant with the Grantee that they are lawfully seized and possessed of the aforementioned and described tract of land, and that they have a good and lawful right to convey said easement, and that they will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. ~=t1~ ~ ST ATE OF lDAHO ) ) ss County of Ada ) On this :2.S1!i day of JArJUA-/<'1 ,20~, before me, the undersigned, a Notary Public in and for said State, personally appeared llts'"ON !-I/t'W KIAJS aflti.. known or identified to me to be the Pr8siEisFlt aAs Sear~l<.LlY, II;::'jJl:-d;~d'y,~ -f.: corporation that execi.Red the within instrument, and acknowledged to me that such corporation IY\lTN.tiI-~ , executed the same. IN WITNESS WHEREOF, [ have hereunto set my hand and affixed my official seal the day and year fist above written. .......... ":;:.";'~~~....##. ,:-.... <g4.. ...........-14>-..;...... CSFf'-.JiJ..... o~ AR y..... 0 \ :{ffi+ _ :i':: ~ CI) ~ ~. G; g ~.... pu-e\.-'\. · 0 . \ ..... ..... ~ f ..........~1'-1 ;~..~~ ~~;..,:- #.#."J ,. .,...>>........." ~ , 1rJ;U~~ NOT AR Y DBLIC FOR IDAHO Residing at BO/fE ,/D Commission Expires: 8 - I - (2) e Water Main Easement Meridian EASMT WTR GRANTEE: CITY OF MERIDIAN Tammy de WeeI'd, Mayor Attest by William G. Berg, City Clerk Approved By City Council On: STATE OF IDAHO, County of Ada On this _day of ,2004, 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) NOTARY PUBUC FOR IDAHO Residing at: Commission Expires: Water Main Easement Meridian EASMT WTR WATER METER EASEMENT CHERRY CROSSING SUBDIVISION NO.2 A permanent easement for a water meter over under and across a portion of Parcel B of RECORD OF SURVE NO 6742, recorded as Instrument No. 104165054, records of Ada County, Idaho located in Lot 1, Block 1 of CHERRY CROSSING SUBDIVISION NO. 2 as shown on the Official Plat recorded in Book 90 of Plats at pages 10476 and I 0477 records of Ada County, Idaho, in the SEl/4 of the SE1I4 of Section 2, Township 3 North, Range 1 West, Boise Meridian, City of Meridian, Ada County, Idaho, and more particularly described as follows: Commencing at a 1/2 inch rebar marking the Southeast Comer of Parcel B of said RECORD OF SURVEY, thence along the East line of said Parcel B, N OooOO'OO"E a distance of 188.47 feet to a 5/8 inch rebar marking an angle point on said East line; thence leaving said East line N3 JD36'4S"E a distance of lS.S4 feet to the POINT OF BEGINNING; Thence S43017'01"W a distance of 10.00 feet to a point; Thence N46042'59"W a distance of 11.00 feet to a point; Thence N 4 3017' 0 1 "E a distance of 1 0.00 feet to a po int; Thence S46042'S9"E a distance of 11.00 feet to the POINT OF BEGINNING; Said easement contains 110 square feet, more or less, and is subject to any existing easements or rights-of-ways of record or implied. WATER METER EASEMENT FOR CHERRY CROSSING SUBDIVISION NO. 2 OVER, UNDER AND ACROSS A PORTION OF PARCEL B OF RECORD OF SURVEY NO. 6742 BEING A PORTION OF LOT 1, BLOCK 1 OF CHERRY CROSSING SUBDIVISION NO 2 LOCATED IN THE SE1/4 OF THE SEl/4 OF SECTION 2, TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN, CITY OF MERIDIAN, ADA COUNTY, IDAHO 2005 I I I I I I I I I I I I I i~ I I FOUND 1(2" RE8AR 1 W(CAP IoiARKED LS. 11335 1 I I PARCEL "- RECORD OF SURv<Y NO. 67'2 ~ DETAIL FILENAME: C04631O\OWG\C046310_UTIUTY EASEMENT CREATION DATE: JANUARY 05 N90'OO'OO"W ,- --117:-.7;:----~ --~" 54542'59 'E ! "00' ~<V N4.3'17'Ol"E , , 0 00' ----------.... A . ,-\ ~ ~ c( \i;?/"'O;')- N46'42'5~~) NJ1'36'45"E , , 00 1 5 54 I PARCEL 8 S4~'d ~g.l "w I R!;CORO OF SURv<Y NO 67_2 I I I I I i~ I I I I 1 I ci Q~ Ii 0- -~t11 g~~ ~i; r--~;-:3~~-- 3::1 ~'l~ b ro 21 I I "U~~ER I L::'~;~ I R;:'~~,S I _~.E.l:~o. 1 T ~~~E.~T I ~~D7~~ I ~6H~.~~.:~~ I N89.sc:sJ 45.00' PINNACLE DRAWN BY: MJB Engine ers, Ine. 12552 W. Executiye ~~71juite 8, 80ise, Idoho (208) 887-7760 CHECKED BY: HWE W A TERLLNE EASEMENT CHERRY CROSSING SUBDIVISION NO.2 A permanent waterline easement over under and across a portion of Parcel B of RECORD OF SURVE NO 6742, recorded as Instrument No. 104165054, records of Ada County, Idaho located in Lot 1, Block 1 of CHERRY CROSSING SUBDIVISION NO. 2 as shown on the Official Plat recorded in Book 90 of Plats at pages 10476 and 10477 records of Ada County, Idaho, in the SEl/4 of the SEl/4 of Section 2, TOYVl.1ship 3 North, Range 1 West, Boise Meridian, City of Meridian, Ada County, Idaho, and more particularly described as follows: Commencing at a 1/2 inch rebar marking the Southeast Comer of Parcel B of said RECORD OF SURVEY, thence along the East line of said Parcel B, N OooOO'OO"E a distance of 111.29 feet to a point being the POINT OF BEGINNING, from which a 5/8 inch rebar marking an angle point on said East line bears NOooOO'OO"E a distance of 77.18 feet; Thence leaving said East line N90000'00''W a distance of 101.08 feet to a point; Thence SOooOO'OO"W a distance of 8 . 91feet to a point; Thence N90000'OO''W a distance of 15.36 feet to a point; Thence NOooOO'OO"E a distance of 8.91feet to a point; Thence N90000'00''W a distance of22.87 feet to a point on the West boundary line of Parcel B; Thence along said West boundary line NOOoOO'OO"E a distance of20.00 feet to a point; Thence leaving said West boundary line S90000'00''E a distance of 139.31 feet to a point on the East boundary line of said Parcel B; Thence along said East boundary line SOooOO'OO"W a distanceof20.00 feet to the -- POINT OF BEGINNING; Said easement contains 2,923 square feet or 0.07 acres, more or less, and is subject to any existing easements or rights-of-ways of record or implied. WATERLINE EASEMENT FOR CHERRY CROSSING SUBDIVISION NO. 2 OVER, UNDER AND ACROSS PARCEL 8 OF RECORD OF SURVEY NO. 6742 BEING A PORTION OF LOT I, BLOCK 1 OF CHERRY CROSSING SUBDIVISION NO 2 LOCATED IN THE SEl/4 OF THE SEI/4 OF SECTION 2, TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN. CITY OF MERIDIAN, ADA COUNTY, IDAHO 2005 N90'OO'OO"W I - - - -'17.71;-- - - -----0- --~...... I I I I ~i I I ~ECORD OF SURVEY NO. 67'2 I ~ g~ _ _ _ _ _S~~~~~_ _ __ ~ fi IN9~O'OO"W _ ~O~'~~ _ _ 'I 22.87' K '01.08' NOO~O~pO"E: N9~'gS~P''W SOO;f.~pO"W SCALE ," = 50' ?^RCEL ^ RECORD or SURVEY NO. 67<2 ~ I FOUND S/8" RESAR II FOUND 1/2" RESAR W/CA? MARKED l.S. 11 J~5 12 CALCUu,Tm PDINT u:i I ~I I DETAIL FILENAME: C046310\DWG\C046310_UTILlTY EASEMENT CREATION DATE: JANUARY 05 [~~_ u~"~:i~~ -- J :l'~ (:, <0 gl I ""~7]J 45,00' .,,,~~~ t~' Ie.;, I -: I~ I g 10 ~'- !~ - -i~ i~ ill ! ~ii I I~ I I 1 Nu~eER LENGTH RADIUS DELTA TANGENT CHORD CHORD eRC Cl 62.57' 75.00' 4T48'10' 33.24' 60.78' N65'39'41"W FINN It CLE Engineers, Inc. 12552 W. E.ecu live ~~71 ~ui\e e, 80ise, Idaho (208) 887-7760 DRAWN BY: MJB CHECKED BY: HWE February 18, 2005 MERIDIAN CITY COUNCIL MEETING February 22, 2005 APPLICANT Fire Department - Bill Johnson REQUEST RFP for Paramedic Position Advisor Department Reports ITEM NO. 6.A.l 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: SElTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: COMMENTS f(t~~ Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at pubUc meetings shall become property of the City of Meridian. MERIDIAN CITY COUNCIL MEETING r.e 6 r k tV?". '1 2 2/ ~ (? tJ ;;- APPLICANT 1fyown/;'.(.,(pC (0$ S'lu.vf ~ ITEM ~O. IS- REQUEST ~ d ~ /;/ "&rav[ JI-~ 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: SETrLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meetings shall become property of the City of Meridian. MERIDIAN CREAMERY SUMMARY OF ENVIRONMENTAL ASSESSMENT WORK February 2005 Private PartY Studies o 1993 - 3 UST removed (diesel fuel and Bunker Coil) - west of Boiler House- ACHD Meridian Road railroad crossing project o 2000 - Phase I Site Assessment - MTI - showed a history of petroleum handling and storage activities - potential leaking and spills and soil contamination - recommended evaluation of surface soils on south side of Boiler House o 2002 - Limited Phase IT Subsurface Soils Investigation and Limited Asbestos Survey - MTI - no soil materials showed petroleum hydrocarbon type contaminants above 1.50 ppm - drywall, wall plaster and floor tile were non-asbestos Public A2encv Studies o 2003 - Targeted Brownfields Assessment - EP A (Weston Solutions) - draft report only - analyzed asbestos materials, lead-based paint, drums/containers, floor drains, surface sediment (irrigation ditch), subsurface soils, groundwater, former Fletcher Oil Facility o 2004 - Limited Subsurface Investigation and Hazardous Materials Inventory - IDEQ (Maxim Technologies) - final report - analyzed groundwater (8 soil borings and 4 monitoring wells) and potentially hazardous chemicals - 300 gallons of used oil recycled - 70 containers of paint or paint related materials identified Summarv of IDEO Investi2ation o Semi-volatile organic compounds in surface soil in ditch exceeded Initial Default Target Levels (IDEQ standards). Public access to these soils should be prevented in future. o Subsurface soil impacts = thallium and arsenic at levels which may need to be mitigated o Recommend future development plans that place physical controls (e.g. paved surfaces) to prevent contact with the soil February 18, 2005 MERIDIAN CITY COUNCIL MEETING APPUCANT February 22, 2005 ITEM NO. J$' I f; REQUEST Executive Session per Idaho State Code 67-2345(1 )(f) AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POUCE 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: SmLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: 'Ji~ ~D~ Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meeUngs shall become property of the City of Meridian. BEFORE THE MERIDIAN CITY COUNCIL C/C February 22, 2005 IN THE MATTER OF THE APPLICATION OF EP CROSSINGS, LLC FOR APPROVAL OF A REDUCTION IN PLATTING REQUIREMENTS TO DIVIDE ONE (1) 1.71 +/- ACRES UN-PLATTED PARCEL INTO TWO (2) PARCELS LOCATED ON THE NEC OF EAST FAIRVIEW A VENUE AND VENTURE STREET IN THE SE % OF T. 3N., R. IE., SECTION 4 CASE NO. RP-05-001 ORDER OF CONDITIONAL APPROVAL OF REDUCTION IN PLATTING This matter coming before the City Council for Reduction in Platting approval pursuant to Meridian City Code S 12-3-1.B to divide one (1) 1.71 acres un-platted parcel into two (2) parcels and the Council finding that the Administrative Review is complete from Craig Hood, Associate City Planner for the Planning and Zoning Department, dated: Hearing Date: February 22, 2005 to the Mayor and Council, the council takes the following action: IT IS HEREBY ORDERED THAT: 1. The subject application by EP Crossings, LLC, is approved subject to those conditions of Staff comments as set forth in the memorandum to the Mayor and City Council, from Craig Hood, Associate City Planner, for the Planning and Zoning Department, dated: Hearing Date: February 22, 2005 listing 6 ORDER OF CONDITIONAL APPROVAL OF REDUCTION IN PLATTING TO DIVroE ONE (l) 12.25 ACRE UN- PLATTED PARCEL INTO 2 PARCELS BY LYONS DEVELOPMENT, LLC (RP-04-002) Page I on Conditions of Approval, a true and correct of which is attached hereto marked Exhibit "A", and consisting 3 pages, and by this reference incorporated herein. 2. The Record of Survey (ROS) 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: 1. 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. 3. The applicant shall comply with the conditions as set forth in the Memorandum from the Planning and Zoning Department as set forth in Exhibits "A" and "B" respectively. 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 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 ORDER OF CONDlTIONAL APPROV AL OF REDUCTION IN PLATIING TO DIVIDE ONE (I) 12.25 ACRE UN. PLA TIED PARCEL INTO 2 PARCELS BY LYONS DEVELOPMENT, LLC (RP-04-002) Page 2 of3 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 ;);;;> r0 day of Fr:hn j () n) ,2005. By: jn ~ Ol n LlI5\. tJ !u\'-..l City Clerk's Office Dated: 3 .llo -o~ ORDER OF CONDITIONAL APPROVAL OF REDUCTION IN PLAITING TO DIVIDE ONE (l) 12.25 ACRE UN. PLAITED PARCEL INTO 2 PARCELS BY LYONS DEVELOPMENT, LLC (RP-04-002) Page 3 of3 MA YOR Tammy de Weerd CJTY HALL (208) 888.4433 - Fax 887-4813 CITY COUNCtL MEMBERS Keith Bird Cluistine Donnell Shaull Wardle Charles M. Rountree PUBLIC WORKS BUILDING DEPARTMENT (208) 887.221 J - Fax 898-9551 LEGAL DEPARTMENT (208) 466-9272 - FAX 466-4405 MEMORANDUM: Transmittal Date: February 17, 2005 Hearing Date: February 22,2005 To: Mayor and City Council From: Craig Hood, Associate City Plarmer (II/ Subject Reduction in Platting Requirements Application Request for a Reduction in Platting Requirements to Divide a 1.71 Acre Unplatted Parcel into Two Parcels, by EP Crossing, LLC (File No. RP-05-001). Staff has reviewed the above referenced submittal and offers the following comments and conditions. APPLICATION SUMMARY The applicant, EP Crossing, LLC, has submitted a Reduction in Platting (RP) application requesting a reduction to the platting requirements of dividing a 1.71 acre parcel into two parcels. This parcel was the subject of Mountain West Bank (AZ-04-026/CUP-04-035) which the City approved in 2004. Mountain West Bank was a request for annexation (AZ-04-026) and conditional use permit (CUP-04-035) approval for a commercial bank with a drive- through. The subject parcel is zoned C-G (General Retail and Service Commercial) and is not part of a recorded subdivision. A Record of Survey (ROS) has been submitted showing how the parcel will be divided. Parcel A of the ROS is 0.95 acres and Parcel B is 0.76 acres in size. Parcel A is anticipated to contain the commercial bank. Parcel B is anticipated to contain a future retail or office building. All future development on this site must comply with the previously approved applications (AZ-04-026/CUP-04-035), the approved development agreement for this property, and MCC 11-9-1 regarding building setbacks, lot coverage, and height restrictions. The subject property is located on the northeast corner of Fairview Avenue and Venture Street. The current owners of the property are EP Crossing, LLC, and F & C Corporation. Andy Simmonds has submitted notarized consent for the subject application. RP-05-00 [ Exhibit "A" EP Crossing.RP.doc Mayor & City Council Hearing Date: February 22, 2005 Page 2 of3 STAFF ANALYSIS In June, 2004, the Planning & Zoning Department established a new policy and procedure regarding re-subdivisions. This decision was based on MCC 12-3-1.B. which states the following: Re-Subdivision: Notwithstanding the definition of "subdivision" contained in Section 11-2-2 of this Code, where an applicant desires to subdivide an existing lot which is located in an existing subdivision which has been previously recorded and the required improvements made thereon, he may do so without going through the entire platting procedure required by this Title. He shall, however, submit an application for re- subdivision showing the existing lot and how the lot is proposed to be re-subdivided. The City shall then determine what requirements of this Title shall be complied with by the applicant. The City may require full compliance if deemed necessary. The provisions of this subsection pertaining to the reduction in platting requirements of certain parcels may apply to previously unplatted and unsubdivided ground upon application to the City Council. (Ord. 456, 9-3-1985) The Planning Director, City Engineer, and City Attorney determined that this ordinance allows property owners to request a re-subdivision of property if the proposed division meets the following criteria: 1. If the property is within a recorded subdivision, a Lot Line Adjustment application must be submitted and may be approved at staff level. 2. If the property is unplatted, a miscellaneous application (reduction in platting requirements) must be submitted and heard by the City Council. If the miscellaneous/reduction in platting requirements application is approved by City Council, a Lot Line Adjustment application must be submitted. 3. For either platted or unplatted land, the applicant must provide drawings that show a) the existing parcel and the proposed split, b) any and all existing and proposed improvements within or adjoining the property, c) proposed sewer connection and profiles, and d) any other information deemed as appropriate or necessary by the City Engineer and/or Planning Director. 4. Both parcels that result from the split must meet the minimum yard requirements of the applicable zone per MCC 11-9-1. 5. Applications for re-subdivisions of property will only be considered for property zoned as commercial and/or industrial. Residentially zoned land is not eligible. Properties would be limited to a one-time split under these provisions. 6. Platting requirements for condominium plats may also be considered under these provisions where the condominium plat only affects ownership and does not result in additional development of the property. With the subject application the applicant did not submit the proposed sewer connection and profiles for each proposed parcel (3.c above). The City Engineer has deemed that the RP-05-00 I Exhibit "A" EP Crossing.RP.doc Mayor & City Council Hearing Date: February 22, 2005 Page 3 of3 information in 3.c above is not necessary at this time. The applicant meets all of the other above-stated requirements applicable to a reduction in platting requirements to divide the existing parcel into two parcels. As mentioned above, this site is the subject of a recent annexation and conditional use permit approval. Staff is concerned that if the subject RP application is approved and two parcels are created, then the improvements as required with CUP-04-035 and the development agreement will not be fully complied with. Therefore, staff has made it a condition of approval that prior to occupancy, the applicant comply with all applicable improvements to the site, as required with CUP-04-035 (see Conditions of Approval #1 below). Staff has confirmed that the two parcels to be created by this division meet the minimum standards for the C-G zone. CONDITIONS OF APPROVAL 1. Prior to occupancy of any structure on Parcel A or B, all improvements required by CUP-04-035, including but not limited to: landscaping adjacent to Fairview Avenue and Venture Street, right-of-way dedication and sidewalk construction along Fairview Avenue and Venture Street, fire hydrant and water main installation, street light installation, tiling irrigation ditches/laterals, pressurized inigation installation, and all other applicable public improvements required by MCC 12-5-2 shall be completed. 2. Prior to issuance of a Certificate of Zoning Compliance/Building Pennit on Parcel B, a copy of a recorded vehicular reciprocal cross-access agreement between the two proposed parcels shall be submitted to the Planning & Zoning Department. 3. Prior to issuance of occupancy of any structure on Parcel A or B, the applicant shall submit a recorded copy of the Record of Survey signed by the City Engineer to the Planning & Zoning Department. 4. Any future use within Parcel B shall be required to obtain conditional use pennit approval. 5. Unless otherwise approved by CUP-04-035, all future development on both Parcel A and B must comply with MCC 11-9-1 regarding building setbacks, lot coverage, and height restrictions. 6. Applicant shall comply with all improvements as required by the Ada County Highway District. RECOMMENDATION Staff recommends approval of this application with the above noted conditions. RP-05-00 I Exhibit "A" EP Crossing.RP.doc BEFORE THE MERIDIAN CITY COUNCIL C/C February 22, 2005 IN THE MATTER OF THE APPLICATION OF TUSCANY DEVELOPMENT, INC. FOR FINAL PLAT APPROVAL OF9l SINGLE- FAMILY RESIDENTIAL BUILDING LOTS AND 5 COMMON LOTS ON 29.36 ACRES LOCATED EAST OF SOUTH LOCUST GROVE ROAD AND SOUTH OF EAST VICTORY ROAD IN A PORTION OF THE NW ~ OF T. 3N., R. IE., SECTION 29 CASE NO. FP-OS-OI0 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT This matter coming before the City Council for Final Plat approval pursuant to Melidian City Code S 12-3-7 on February 22,2005, and the Council finding that the Administrative Review is complete from Sonya Allen, Assistant City Planner for the Planning and Zoning Department, and John Boyd, Engineering Technician II for the Public Works Department, dated: Hearing Date: February 22,2005, 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 MESSINA HILLS SUBDIVISION NO.3 IN A PORTION OF THE NW 1,; OF T. 3N., R. IE., SECTION 29, BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO 2005, HANDWRITTEN DATE: 12/29/04, ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR MESSINA HILLS SUBDIVISION NO.3 / (FP-05-0I 0) Page 1 of 4 SHEET 1 OF 2, BRIGGS ENGINEERING, INC.", TUSCANY DEVELOPEMNT, INC., 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 Plaooer for the Planning and Zoning Department and Jo1m Boyd, Engineering Technician II for the Public Works Department, dated: Hearing Date: February 22,2005, listing 18 SITE SPECIFIC REQUIREMENTS/FINAL PLAT and 10 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 Briggs Engineering, Inc., a true and correct copy ofwhich is attached hereto marked Exhibit "BOO, and consisting of 2 pages, and by this reference incorporated herein, and the additional requirements from the action of the Council taken at their February 22, 2005 meeting as follows, to-wit: 1. I Adopt the action of the City Council taken at their FebrualY 22, 2005 meeting: Conditions of ADDfoval 5. 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 residential building permits. In addition, all residential building lots must meet the 8,000 square foot requirement per MCC 11-9-1. ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR MESSINA HILLS SUBDIVISION NO.3! (FP-OS-OlO) Page 2 of 4 2. The final plat upon which there is contained the Celiification 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 request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code ~ 67-6521. An affected person being a person who has an 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 ajudicial review as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held on the 6):;) t'd day of rc6n H1 rJ ,2005. ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR MESSINA HILLS SUBDIVISION NO.3 / (FP-05-0 1 0) Page 3 of4 By: < 1 (lIdl .~ 0 tuJ City Clerk's Office Dated: 3- 1l.b~05 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR MESSINA HILLS SUBDNISION NO.3! (FP-05-01O) Page 4 of4 MAYOR Tammy de Weerd PUBLIC WORKS BUILDING DEPARTMENT (208) 898-5500 . Fax (208)898-955 I CITY COUNCIL MEMBERS Keith Bird Clu1stine Donnell Shaun Wardle Chades M. Rountree PLANNING AND ZONING DEPARTMENT (208) 884-5533 . FAX 888-6854 STAFF REPORT: Hearing Date: February 22, 2005 Transmittal Date: February 17, 2005 To: Mayor and City Council From: Sonya Allen, Assistant City Planner John Boyd, Engineering Tech. II ?.t.6 Re: Messina Hills Subdivision No.3 Final Plat approval of Ninety-one (91) Single-Family Residential Building Lots and Five (5) Common Lots on 29.36 Acres in an R-4 Zone, by Tuscany Development (File No. FP-05-010). 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, Tuscany Development, has applied for final plat approval of Messina Hills Subdivision No.3 consisting of91 single-family residential building lots and 5 common lots on 29.36 acres of land. The zoning designation for the proposed subdivision is R-4 (Low Density Residential). This subdivision will have a gross density of2.4 d.u./acre and a net density of2.6 d.u./acre. The proposed Messina Hills Subdivision No.3 is located approximately l,4 mile east of S. Locust Grove Road and approximately l,4 mile south ofE. Victory Road in the south NW l,4 of Section 29, T.3N., R.1E. The common lots within the subdivision consist of landscape, drainage, a proposed clubhouse and open space lots which will be owned and maintained by the Messina Hills Homeowners Association. The pond within this phase is proposed as a water feature and will not contain stormwater drainage. The pressurized irrigation system within this development will be owned and maintained by the Nampa & Meridian Irrigation District. A Conditional Use Penuit (PlaMed Development) was approved for this subdivision. The only reduction to the ordinance that was approved with the PlaMed Development that applies to this FP-05-0 I 0 Exhibit "A" Messina Hills Sub3 FP.doc Mayor & City Council Hearing Date: February 22, 2005 Page 2 phase is reduced lot frontages. A specific minimum frontage was not identified in the CUP; however, all lots within the subdivision except one (Lot 7, Block 11), meet or exceed the minimum lot square footage requirement of 8,000 square feet. Messina Hills Subdivision No.3 was originally preliminary platted as pm1 of Tuscany Lakes Subdivision in 2002. In 2005, an amended plat was approved which added three building lots where a stonn drainage swale was originally located and a common area lot for a community center and swimming pooL Stonn drainage was relocated to roadside drainage swales. The submitted final plat substantially complies with the previously approved preliminary plats for this subdivision. Staff recommends approval of the final plat for Messina Hills Subdivision No.3 with the conunents and conditions stated in this report. SPECIAL CONSIDERATION FOR CITY COUNCIL Staff is concemed that the 2: I slope of the ponds as shown on the landscape plan may pose too steep of a slope for a child to climb out of if they fell in. As these ponds are proposed as a water feature, they will contain a pennanent water level year around. Council should determine if there should be a requirement for a more gradual slope placed on these ponds. SITE SPECIFIC COMMENTS I FINAL PLAT 1. Applicant is to meet all tenns of the approved Annexation (AZ-02-005), Preliminary Plats (PP-02-006 & PP-04-040), and Conditional Use Pennit (CUP-02-006). 2. The applicant shall install aerators in the pond on Lot 3, Block 11 and maintain the pond in a manner that shall prevent the water from becoming stagnant or a public nuisance (a mosquito breeding ground). 3. All fencing must be in compliance with MCC 12-4-10. 4. The applicant has indicated that the Nampa & Meridian 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 inigable common areas prior to signature on the final plat by the Meridian City Engineer. 5. 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. FP-05-0 10 Exhibit "A" Messina Hills Sub3 FP.doc Mayor & City Council Hearing Date: February 22, 2005 Page 3 6. All development improvements, including sewer, fencing, micro-paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy. 7. 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. 8. Sanitary sewer and municipal water service to this site shall be via extensions from existing mains. Applicant will be responsible 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 fonns of easements, for any mains that are required to provide service. 9. Storm drainage must be in compliance with MCC 12-13-14, Stonnwater Integration. All drainage areas (detention/retention basins) must be designed to ensure that water will percolate or discharge within a period of time not to exceed 24 hours for all storms up to and including a 100-year storm event. Side slopes within drainage areas must be less than 3: 1 for accessibility and maintenance. 10. 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. ] I. Submit an encroachment agreement with NMID for all lots that encroach within the Eight Mile Lateral and Ridenbaugh Canal easements prior to City Engineer's signature on the final plat. 12. Please submit a copy of the Ada County Street Name Committee's "Final" letter for the street names and lot & block numbering. Make all corrections necessary to comply. ] 3. Tuscany Lakes Subdivision No.2 must record prior to this subdivision, or reference must be removed from the face of the plat. 14. Complete the Certificate of Owners and accompanying Acknowledgment. 15. Graphically depict an eight-foot wide (8') public utility, drainage & irrigation easement along the easterly side of Lot 9, Block 15, the easterly side of Lot 20, Block 13, the northerly side of Lot 1, Block 14, the nOIthwesterly side of Lot II, Block 11, the nOlthwesterly side of Lot 10, Block 12 and the northerly side oLLot 18, Block 12. These extra widths are necessary due to the location of pressurized irrigation mains. 16. Denote each easement on the face of the plat with a reference to the applicable note "See Note #" and an arrow pointing to the easement. FP-OS-OIO Exhibit "A" Messina Hills Sub3 FP.c1oc Mayor & City Council Hearing Date: February 22,2005 Page 4 17. Revise or add the following notes on Sheet 2 of tile plat: (7.) ".. .EaeflsiRgle fafBiI) strnetHre shall eGRtaiR a miRilRl:lm Gf 1,101 sCJ.l:lare feet, e]~eh;lEliRg garage." (10.) Please revise this note to reflect the actual usage intended for Lot 3, Block 11. (1 L) "Lot 17, Block 11; Lot 1 Block 16; Lot 63 Block l' and Lot 5 Block 13 are landscape/common area lots to be owned..." (17.) Add the followil1!.! note: Thedevelooer and/or owner shall comolv with Idaho Code. Section 31-3805........ 17. Staff's failure to cite specific ordinance provisions or terms of the approved annexation, preliminary plats or conditional use pennit does not relieve the Applicant of responsibility for compliance. GENERAL REOUIREMENTS 1. All iITigation 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. 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. Applicant shall be responsible for application to obtain Anny Corps of Engineers, Section 404 Penuit (or written waiver of this requirement) prior to scheduling a Pre- Construction Conference. 3. Applicant shall be responsible for application and compliance with any NPDES Pennitting that may be required by the Environmental Protection Agency. 4. 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. 5. One hundred watt" high-pressure sodium streetlights will be required at locations designated by the Public Works Depmiment. 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 detennined 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. FP-05-0 I 0 Exhibit "An Messina Hills Sub3 FP.doc Mayor & City Council Hearing Date: February 22,2005 Page 5 6. 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. 7. 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. 8. Developer shall coordinate mailbox locations with the Meridian Post Office. 9. Coordinate fire hydrant placement with the City of Meridian's Fire Department and Public Warks personnel. 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 have to be removed. ST AFF RECOMMENDATION Staff recommends approval of the final plat for Messina Hills Subdivision No.3 with the above stated comments and conditions. FP.05-0 I 0 Exhibit "A" Messina Hills Sub3 FP.doc BRIGGS E "GINEERING" Inc. ENGINEERS I PlANNERS I SURVEYORS February 22.2005 Mayor and City Council 33 East Idaho St Meridian, Idaho 83642 HE Request/or modification to staflrecommcndationsfor Messina Hills #3 Dear Mayor and City Council: After reviewing the Staff Report for our hearing tonight I would like to make two comments: First item: Under heading of Special Considemtion for City Council staff has stated a concern that 2: I slope maybe too steep of a bank for the pond design. Due a concern that a child may have a problem climbing Ollt of a 2: I slope if they fell in. TYPICAl.. PON~sSEcnON A-A The Developer also bas no desire for the ponds to be a hazard. Therefore we have designed the ponds to be one-foot feet from any edge ofthe pond before the 2:] slope begins. This is the same design used on many other ponds through out the valley. The design allows for the possibly that if someone were to fell into a pond they would be in one foot to three deep in \vater for the firsl eight fect of the pond and would be able to get out. The developer will also is installing signs stating, "No swimming or wading is allowed in the ponds" In summarv from reviewinfl other" nonds desions in the valley we find 2:1 slopes area have been used. I believe the issue befOJ"e the City Council is how far from the cdoe of the J)ond before the 2:1 slone begins. \Ve believe we are comuar-able with other ponds in Meridian, I will be available to discuss this item with the City Council. 4030 [-Clarification Itr BRIGGS ENGINEt..dING, INC. 1800 W. Overland Road - daise, Idaho 83705 - (20B} 344-9700 Second Item is Condition #5 under SITE SPECIFIC COMMENTS !FINAL PLAT Condition number five states: " 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 pemlits. " The Developer is requesting the City Council approval to allow Briggs submit for a Zoning Certificate and allow a build permit for Club House and pool These improvements would take place with the street improvements and prior to recording the final pIaL We would build the non-combustible elements of the Clubhouse and pool with are othcl development improvements to a point when we can comply with the access and water requirements of the ~'~J?.EQt: At that point we would begin the frami;g~ the C]ubl~ouse. I would therefore request the following modification to proposed condition #5: 5. 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 Pial for this subdivision shall be recorded, prior to applying for residential building pClmits. Sincerely. KB\ hl!!hll"1\" BEFORE THE MERIDIAN CITY COUNCIL C/C February 22, 2005 IN THE MATTER OF THE APPLICATION OF LIBERTY DEVELOPMENT, LLC FOR FINAL PLAT APPROVL OF 35 BUILDING LOTS AND 8 OTHER LOTS ON 9.19 ACRES IN AN R-4 ZONE LOCATED AT 2683 WEST CHINDEN BOULEVARD IN A PORTION OF THE SW 'l4 OF THE NW 'l4 OF T. 4N., R.IW., SECTION 26 CASE NO. FP-05-006 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT This matter coming before the City Council for Final Plat approval pursuant to Meridian City Code S 12-3-7 on February 22,2005, and the Council finding that the Administrative Review is complete from Sonya Allen, Assistant City Planner for the Planning and Zoning Department, and Bruce Freckleton, Development Services Manager for the Public Works Department, dated: Heming Date: February 22,2005, 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 "PLAT SHOWING SIL VERLEAF SUBDIVISION NO. LOCATED IN A PORTION OF THE SW ~ OF THE NW ~ OF T. 4N., R. lW., SECTION 26, BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO 2005, ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR SIL VERLEAF SUBDIVISION NO.1! (FP-05-006) Page 1 of3 HANDWRITTEN DATE: 11/15104, SHEET 1 OF 3, BAILEY ENGINEERING, INC.", LIBERTY DEVELOPMENT, LLC, 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 Bruce Freckleton, Development Services Manager for the Public Works Department, dated: Hearing Date: February 22,2005, listing 19 SITE SPECIFIC REQUIREMENTS/FINAL PLAT and 9 GENERAL REQUIREMENTS, a true and correct copy of which is attached hereto marked Exhibit "A", and consisting of 4 pages, and by this reference incorporated herein. 2. The final plat upon which there is contained the Certification and signature of the City Clerk and the City Engineer verifying that the plat meets the City's requirements shall be signed only at such time as: 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 SIL VERLEAF SUBDIVISION NO.1! (FP-05-006) Page 2 of3 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 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 d;;J r-d day of reb~ ,2005. By: l-h^.DtffiJ::lI\.O ~ City Clerk's Office Dated: 3-11o -OS ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR SILVERLEAF SUBDIVISION NO. 1/ (FP-05-006) Page3of3 MAYOR Tammy de WeeI'd PUBLIC WORKS BlJILDING DEPARTMENT (208) 898-5500 . Fax (208)898-9551 CITY COUNCIL MEMBERS Keith Bird Christine Donnell Slmun Wardle Charles M. Rountree PLANNING AND ZONING DEPARTMENT (208) 884-5533 . FAX 888-6854 STAFF REPORT: Hearing Date: February 22,2005 Transmittal Date: February 17,2005 To: Mayor and City Council From: Sonya Allen, Assistant City Planner Bruce Freckleton, Development Services Manager~ SilverIeaf Subdivision No.1 Re: Request for Final Plat approval of Thirty-five (35) Single-family Residential Building Lots and Eight (8) Common Lots on 9.19 Acres in an R-4 Zone by Liberty Development, LLC (File No. FP-05-006). We have reviewed the above referenced submittals and offer the following comments as conditions of approval. These conditions shaU be considered in fuU, unless expressly modified or deleted by motion of the Meridian City Council: APPLICATION SUMMARY & LOCATION The applicant, Liberty Development, LLC, has applied for Final Plat approval of 35 single- family residential building lots and 8 common lots on 9.19 acres of land for Silverleaf Subdivision No.1. The zoning designation for the proposed subdivision is R-4 (Low Density Residential). Silverleaf Subdivision No.1 is located on the east side of N. Ten Mile Road, approximately \4 mile south of Chin den Blvd., in the NW 'l,l of Section 26, TAN., R.IW. A Conditional Use PennitlPlarmed Development was approved for this development which allowed for reductions to the minimum lot size (from 8,000 s.f. to 5,000 s.f.) and street frontage on non cul-de-sac lots (from 80-ft. to 50-ft.) required by MCC 11-9-1; however, all lots in this phase meet the minimum requirements. The submitted final plat substantially complies with the approved Preliminary Plat. Staff recommends approval of Silverleaf Subdivision No.1 with the comments and conditions stated in this report. FP-05-006 Exhibit "A"' Silverleaf Sub I FP.doc Mayor & City Council Hearing Date: February 22, 2005 Page 2 SITE SPECIFIC COMMENTS / FINAL PLAT 1. Applicant is to meet all tenns of the approved Annexation (AZ-04-024), Development Agreement (Inst. No. 105010990), Conditional Use Permit (CUP-04-033), and Preliminary Plat (PP-04-031) for this subdivision. 2. Fencing must be in compliance with MCC 12-4-10 and 12-13-15-9. 3. Revise or add the following notes on the face ofthe plat: (1.) " .interior lot lines, unless desil.mated otherwise. p....;; Delete note, no longer required on plat. (9.) Complete Record of Survey No. (10.) Complete Instrument No. (11.) Add note: "Direct lot access to N. Ten Mile Road is orohibited." 4. The landscape plan shall be revised as follows: a. Gravel edge adjacent to N. Ten Mile Road shall be lO-ft. wide instead of 8-ft. b. Conect scale to read 1 "=50' instead of 1 "=100'. 5. AU 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. 6. The applicant has indicated that Nampa Meridian lITigation District will own and maintain the pressure irrigation system within this development, however staff believes this will be owned by Settlers [nigation District. 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 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 irrigable common areas prior to signature on the final plat by the Meridian City Engineer. 7. Please submit a copy of the Ada County Street Name Committee's "Final" letter for the street names and lot & block numbering. Make all conections necessary to comply. 8. 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 plans. FP-05-006 Exhibit "A" SilverleafSubl FP.doc Mayor & City Council Hearing Date: February 22, 2005 Page 3 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 permits. 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. Sanitary sewer service to this site shall be via a private temporary lift station located in Lot 2, Block 1. The applicant will be responsible to construct said lift station, and 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. The applicant must execute a lift station operations and maintenance agreement plior to final plat signature. Applicant shall also execute City of Melidian standard fonns of easements for any mains that are required to provide service. 13. Water service to this site shall be via extensions from existing mains in Ten Mile Road and future mains within Lochsa Falls Subdivision. The applicant will be responsible to construct the water mains to and through this proposed development, thereby making them available to adjacent propeliies. Subdivision designer to coordinate main sizing and routing with the Public Works Department. Applicant shall execute City of Meridian standard fonus of easements for any mains that are required to provide service. 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. Add "UNPLATTED" or "SUBDIVISION NAME" to the appropriate locations around the boundaries of the subdivision. 16. Correct the (359.33') boundary distance dimension along the east side of the subdivision. It appears that is should read 298.87', please confirm. 17. Increase the width ofthe side yard easements to 8-feet for the following lots: west side of Lot 3, Block 1, west side of Lot 2, Block 3, east side of Lot 6, Block 4, east side of Lot 16, Block 3, east side of Lot 10, Block 4, and the east side of Lot 20, Block 3. The extra width is required due to the location of the pressurized irrigation main line. 18. Any drainage areas (detentionlretention basins) must be designed to ensure that water will percolate or discharge within a period of time not to exceed 24 hours for all StOllTIS up to and including a 100-year stonn event. All storm drainage must be in compliance with MCC 12-13-14, Stonnwater Integration. FP-05-006 Exhibit "^" Silverleaf Sub l FP.doc Mayor & City Council Hearing Date: February 22,2005 Page 4 19. Staff's failure to cite specific ordinance provisions, or tenns of the approved Annexation, Conditional Use Permit, or Preliminary Plat does not relieve the Applicant of responsibility for compliance. GENERAL REOUIREMENTS 1. 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. 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. Two-hundred-fifty and 100-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 detennined 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. 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. Applicant's engineer will be required to submit a signed, stamped statement celtifying that all street finish centerline elevations are set a minimum of three feet above the highest established nonnal groundwater elevation. 6. Applicant shall be responsible for application and compliance with any Section 404 Pennitting that may be required by the Army Corps of Engineers. 7. Applicant shall be responsible for application and compliance with and NPDES Permitting that may be required by the Enviromnental Protection Agency. 8. Coordinate fire hydrant placement with the City of Meridian Public Works Department. 9. Developer shall coordinate mailbox locations with the Meridian Post Office. ST AFF RECOMMENDATION Staff recommends approval of the final plat with the above stated comments and conditions. FP-05-006 Exhibit "A" SilverleafSubl FP.doc BEFORE THE MERIDIAN CITY COUNCIL C/C February 22, 2005 IN THE MATTER OF THE APPLICATION OF LIBERTY DEVELOPMENT, LLC FOR FINAL PLAT APPROVL OF 55 BUILDING LOTS AND 5 OTHER LOTS ON 16.66 ACRES IN AN R-4 ZONE LOCATED AT 2683 WEST CHINDEN BOULEVARD IN A PORTION OF THE EAST Y2 OF THE NW 'l4 OF T. 4N., R. tW., SECTION 26 CASE NO. FP-05-007 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT This matter coming before the City Council for Final Plat approval pursuant to Meridian City Code S 12-3-7 on February 22,2005, and the Council finding that the Administrative Review is complete from Sonya Allen, Assistant City Planner for the Planning and Zoning Department, and John Boyd, Engineering Teclmician II for the Public Works Department, dated: Hearing Date: February 22,2005, 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 "PLAT SHOWING SIL VERLEAF SUBDIVISION NO. 2 LOCATED IN A PORTION OF THE EAST Y2 OF THE NW ~ OF T. 4N., R. 1 W., SECTION 26, BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO 2005, ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR SIL VERLEAF SUBDIVISION NO.2! (FP-05-007) Page 1 of3 HANDWRITTEN DATE: 11/15/04, SHEET 1 OF 3, BAILEY ENGINEERING, INC.", LIBERTY DEVELOPMENT, LLC, 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 Plalmer for the Planning and Zoning Department and John Boyd, Engineering Teclmician II for the Public Works Department, dated: Hearing Date: February 22, 2005, listing 26 SITE SPECIFIC REQUIREMENTS/FINAL PLAT and 9 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. 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 conceming the matter at issue. A ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR SIL VERLEAF SUBDIVISION NO.2! (FP-05-007) Page 2 of3 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 ;;Jd nd day of tCbYLL~ ,2005. Attest: artment, Public Works Department, and By: j~ O>...J) \ 1l\. Ql.f\-... City Clerk's Office Dated: 3 -lLJ -05 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR SIL VERLEAF SUBDIVISION NO.2! (FP-05-007) Page 3 of3 MA YOR Tammy de Weerd PUBLIC WORKS BUILDING DEPARTMENT (208) 898.5500. Fax (208)898-9551 CITY COUNCIL MEIVIBERS Keith Bird Christine Donnell Shaun Wardle Charles M. Rountree PLANNING AND ZONING DEPARTMENT (208) 884-5533. FAX 888-6854 STAFF REPORT: Hearing Date: February 22, 2005 Transmittal Date: February 17, 2005 To: Mayor and City Council From: Sonya Allen, Assistant City Planner Jolm Boyd, Engineering Tech. II ?l!..6> Re: Silverleaf Subdivision No.2 Request for Final Plat approval of Fifty-five (55) Single-family Residential Building Lots and Five (5) Common Lots on 16.66 Acres in an R-4 Zone by Liberty Development, LLC (File No. FP-05-007). 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, Liberty Development, LLC, has applied for Final Plat approval of 55 single- family residential building lots and 5 common lots on 16.66 acres of land for Silverleaf Subdivision No.2. The zoning designation for the proposed subdivision is R-4 (Low Density Residential). The gross density for the subdivision is 2.8 dwelling units/acre and the net density is 204 dwelling units/acre. Silverleaf Subdivision No.2 is located approximately ~ mile east of N. Ten Mile Road and Chinden Blvd., in the NW y,; of Section 26, TAN., R.I W. A Conditional Use PennitlPlanned Development was approved for this development which allowed for reductions to the minimum lot size required by MCC 11-9-1 (from 8,000 s.f. to 5,000 s.f.) and street frontage on non cul-de-sac lots (from 80-ft. to 50-ft.). The submitted final plat substantially complies with the approved Preliminary Plat. Staff recommends approval of Silverleaf Subdivision No. 2 with the comments and conditions stated in this report. FP-05-007 Exhibit "A" SilverleafSub2 FP.doc Mayor & City Council Hearing Date: February 22, 2005 Page 2 SITE SPECIFIC COMMENTS / FINAL PLAT 1. Applicant is to meet all tenns of the approved Annexation (AZ-04-024), Development Agreement (Inst. No. 105010990), Conditional Use Permit (CUP-04-033), and Preliminary Plat (PP-04-03 1) for this subdivision. 2. Fencing must be in compliance with MCC 12-4-10 and 12-13-15-9. Temporary construction fencing to contain debris shall be installed along the boundaries of this phase where none is proposed unless fencing already exists at the subdivision boundaries. 3. 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 plans. 4. The landscape plan shall be revised as follows: a. Correct scale to read 1 "=50' instead of 1 "=100'. b. Reduce the height of the 5-ft. solid fence adjacent to the pathway on Lot 1, Block 6 to 4-ft. per MCC 12-13-15-9 or change to an open vision fencing material. c. Show contours for all drainage areas. d. Show a detail of the proposed tot lot equipment. 5. The applicant has indicated that Nampa Meridian Irrigation District will own and maintain the pressure irrigation system within this development, however staff believes this will be owned by Settlers Irrigation District. 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 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 irrigable common areas prior to signature on the final plat by the Meridian City Engineer. 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. 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. 7. Please submit a copy of the Ada County Street Name Committee's "Final" letter for the street names and lot & block numbering. Make all corrections necessary to comply. 8. Block 8 is not labeled as such on page 2 of the final plat, revise accordingly. FP-05-006 Exhibit "AU SilverleafSubl FP.doc Mayor & City Council Hearing Date: February 22, 2005 Page 3 9. Revise or add the following notes on the face of the plat: (1.) Unless otherwise noted, a ten (10) foot..... all rear lot lines. Unless otherwise noted, a five (5) foot ..... of interior lot lines. fh:t Delete note, no longer required on plat. (9.) Complete Record of Survey No. 10. The bearing running from the Nl116th comer of Section 26 to the Real Point of Beginning does not match the legal description on Sheet 4. Please revise accordingly. 11. The bearing running along the Westerly Boundary of the subdivision does not match the legal description on Sheet 4. Please revise accordingly. 12. The bearing running along the Easterly Boundary of the subdivision does not match the Submitted Plat information for the adjacent subdivision (proposed Lochsa Falls No. 12). Please revise accordingly. 13. The last bearing and distance (S87001 '07"W , 268.46') running along the Southerly Boundary of the subdivision does not match the Recorded Plat infonnation for the adjacent subdivision (Lochsa Falls No.9). Please revise accordingly. 14. Add or correct the distances along the Westerly Boundary, (Lots 8 and 1, Block 6 and Lot 1, Block 9) of the subdivision on Sheet 2. 15. The sum of the distances of Lots 9 and 10, Block 6, do not equal the distance shown on the boundary of the subdivision on Sheet 3. Please revise accordingly. 16. Revise the public utility, drainage & irrigation easements along the following lots to reflect a distance 5' past the pipes occupying them as follows. These extra widths are necessary due to the location of pressurized irrigation (PI) mains and/or gravity irrigation (GI) mains: a. The Northerly boundary of Lots 1-5 and a portion of Lot 6, Block 9 (PI and GI) b. A portion of the easterly side of Lot 6, Block 9 (GI) c. The Northerly boundary of Lots 1-3, Block 10 (PI and GI) 17. Revise the easements against the Easterly lot line of Lot 15, Block 8 and the Westerly lot line of Lot 3, Block 7 to reflect an 8' width. These extra widths are necessary due to the location of pressurized irrigation mains. If the locations of these pressure irrigation mains change during Public Works review, please revise the locations of these easements on the plat. 18. 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. FP-05-006 Exhibit "A" Silvcrleaf Sub J FP.doc Mayor & City Council Hearing Date: February 22,2005 Page 4 19. All development improvements, including sewer, fencing, micro-paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy. 20. 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. 21. Sanitary sewer service to this site shall be via a private temporary lift station located in Lot 2, Block 1 of Silverleaf Subdivision No.1. The applicant will be responsible to construct said lift station, and 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. The applicant must execute a lift station operations and maintenance agreement prior to final plat signature. Applicant shall also execute City of Meridian standard forms of easements for any mains that are required to provide service. 22. Water service to this site shall be via extensions from future mains in Silverleaf Subdivision No 1 and Lochsa Falls Subdivision No. 12. The applicant will be responsible to construct the 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 fonns of easements for any mains that are required to provide service. 23. Developer is to provide a 30' wide easement covering the water and sewer mains that extend to the north to provide service for future areas of development (school site). 24. 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. 25. Any drainage areas (detention/retention basins) must be designed to ensure that water will percolate or discharge within a period of time not to exceed 24 hours for all storms up to and including a 100-year stonn event. All stonn drainage must be in compliance with MCC 12-13-14, Stonnwater Integration. 26. Staffs failure to cite specific ordinance provisions, or tenns of the approved Annexation, Conditional Use Permit, or Preliminary Plat does not relieve the Applicant of responsibility for compliance. FP-05-006 Exhibit "A" Silverleaf Sub I FP.doc Mayor & City Council Hearing Date: FeblUary 22,2005 Page 5 GENERAL REQUIREMENTS 1. 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. 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. Two-hundred-fifty and 100-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 detennined 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. 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. 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. 6. Applicant shall be responsible for application and compliance with any Section 404 Pennitting that may be required by the Army Corps of Engineers. 7. Applicant shall be responsible for application mld compliance with any NPDES Permitting that may be required by the Environmental Protection Agency. 8. Coordinate fire hydrant placement with the City of Meridian Public Works Department. 9. Developer shall coordinate mailbox locations with the Meridian Post Office. STAFF RECOMMENDATION Staffrecommends approval of the final plat with the above stated comments and conditions. FP-05-006 Exhibit "A" SilverleafSubl FP.doc BEFORE THE MERIDIAN CITY COUNCIL C/C February 22, 2005 IN THE MATTER OF THE APPLICATION OF TUSCANY DEVELOPMENT, INC. FOR FINAL PLAT APPROVAL OF 42 SINGLE- FAMIL Y RESIDENTIAL BUILDING LOTS AND 10 COMMON LOTS ON 18.88 ACRES LOCATED EAST OF SOUTH LOCUST GROVE ROAD AND SOUTH OF EAST VICTORY ROAD IN A PORTION OF THE NW 'l4 OF T. 3N., R. IE., SECTION 29 CASE NO. FP-OS-009 ORDER OF CONDITIONAL APPROVAL OF FINALPLA T This matter coming before the City Council for Final Plat approval pursuant to Meridian City Code S 12-3-7 on February 22,2005, and the Council finding that the Administrative Review is complete from Sonya Allen, Assistant City Planner for the Planning and Zoning Department, and John Boyd, Engineeling Technician II for the Public Works Department, dated: Hearing Date: Fehruary 22,2005, 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 TUSCANY LAKES SUBDIVISION NO.2 IN A PORTION OF THE NW ~ OF T. 3N., R. IE., SECTION 29, BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO 2005, HANDWRITTEN ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR TUSCANY LAKES SUBDIVISION NO.2! (FP-05-009) Page 1 of4 DATE: 12/29/04, SHEET 1 OF 2, BRIGGS ENGINEERING, INC.", TUSCANY DEVELOPEMNT, INC., 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 John Boyd, Engineering Technician II for the Public Works Department, dated: Hearing Date: February 22,2005, listing 18 SITE SPECIFIC REQUIREMENTS/FINAL PLAT and 10 GENERAL REQUIREMENTS, a true and COlTect 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 Briggs Engineering, Inc., a true and correct copy of which is attached hereto marked Exhibit "B", and consisting of 2 pages, and by this reference incorporated herein, and the additional requirements from the action of the Council taken at their February 22, 2005 meeting as follows, to-wit: 1.1 Adopt the action of the City Council taken at their February 22,2005 meeting: Conditions of Aporoval 6. 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 residential building permits. In addition, all residential building lots must meet the 8,000 square foot requirement per MCC 11-9-1. ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR TUSCANY LAKES SUBDIVISION NO.2! (FP-05-009) Page 2 of4 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 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 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 ;);;NJ. day of Felor\.tCl~ , 2005. ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR TUSCANY LAKES SUBDIVISION NO.2! (FP-05-009) Page 3 of 4 .Au-:~ Attest: Copy served upon Applicant, the City Attorney. By: {jG~C1 f\~ City Clerk's Office Dated: "3 - \ ltI-OS ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR TUSCANY LAKES SUBDIVISION NO.2! (FP-05-009) Page 4 of 4 MAYOR Tammy de Weerd PUBLIC WORKS BUILDfNG DEPARTMENT (208) 898-5500 . Fax (208)898-9551 PLANNING AND ZONING DEPARTMENT (208) 884-5533. FAX 888-6854 CITY COUNCIL MEMBERS Keith Bird Christine DOl1nell Shaun Wardle Charles M. Rountree ST AFF REPORT: Hearing Date: February 22, 2005 Transmittal Date: February 17, 2005 To: Mayor and City Council From: Sonya Allen, Assistant City Planner Jolm Boyd, Engineering Tech. II 7if.6, Re: Tuscany Lakes Subdivision No.2 Final Plat approval of Forty-two (42) Single-Family Residential Building Lots and Ten (10) Common Lots on 18.88 Acres in an R-4 Zone, by Tuscany Development (File No. FP-05-009). 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, Tuscany Development, has applied for final plat approval of Tuscany Lakes Subdivision No.2 consisting of 42 single-family residential building lots and 10 common lots on 18.88 acres of land. The zoning designation for the proposed subdivision is R-4 (Low Density Residential). This subdivision will have a gross density of 2.22 d.u./acre and a net density of2.77 d.u./acre. The proposed Tuscany Lakes Subdivision No.2 is located approximately ~ mile east of S. Locust Grove Road and approximately ~ mile south of E. Victory Road in the NW ~ of Section 29, T.3N., R.IE. The common lots within the subdivision consist of landscaping and open space lots which will be owned and maintained by the Tuscany Lakes Homeowners Association. The ponds within this phase are proposed as a water feature and will not contain stonnwater drainage. The pressurized irrigation system within this development will be owned and maintained by the Nampa & Meridian Irrigation District. A Conditional Use Permit (Planned Development) was approved for this subdivision. The only reduction to the ordinance that was approved with the Planned Development that applies to this phase is reduced lot frontages. A specific minimum frontage was not identified in the CUP; FP-OS-009 Exhibit "A" Tuscany Lakes Sub2 FP.doc Mayor & City Council Hearing Date: February 22,2005 Page 2 however, all lots within the subdivision meet or exceed the minimum lot square footage requirement of 8,000 square feet. Tuscany Lakes Subdivision No. 2 was originally preliminary platted as part of Tuscany Lakes Subdivision in 2002. In 2005, an amended plat was approved which relocated the storm drainage from swales located on common lots to roadside drainage swales and created more usable open space. The submitted final plat substantially complies with the previously approved preliminary plats for this subdivision. Staff recommends approval of the final plat for Tuscany Lakes Subdivision No.2 with the comments and conditions stated in this report. SPECIAL CONSIDERATION FOR CITY COUNCIL Staff is concerned that the 2: 1 slope of the ponds as shown on the landscape plan may pose too steep of a slope for a child to climb out of if they fell in. As these ponds are proposed as a water feature, they will contain a permanent water level year around. Council should determine if there should be a requirement for a more gradual slope placed on these ponds. SITE SPECIFIC COMMENTS /FINAL PLAT 1. Applicant is to meet all tenns of the approved Annexation (AZ-02-005), Preliminary Plats (PP-02-006 & PP-04-040), and Conditional Use Penuit (CUP-02-006). 2. The applicant shall install aerators in the ponds on Lot 38, Block 1 and maintain the ponds in a manner that shall prevent the water from becoming stagnant or a public nuisance (a mosquito breeding ground). 3. All fencing must be in compliance with MCC 12-4-10. 4. The applicant has indicated that the Nampa & Meridian 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 iITigable common areas prior to signature on the final plat by the Meridian City Engineer. 5. Any drainage areas (detention/retention basins) must be designed to ensure that water will percolate or discharge within a period of time not to exceed 24 hours for all storms up to and including a 100-year stonn event. All stonn drainage must be in compliance with MCC 12-13-14, Stonnwater Integration. FP-OS-009 Exhibit "A" Tuscany Lakes Sub2 FP.doc Mayor & City Council Hearing Date: February 22, 2005 Page 3 6. 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. 7. All development improvements, including sewer, fencing, micro-paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy. 8. 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. 9. Sanitary sewer and municipal water service to this site shall be via extensions from existing mains. Applicant will be responsible 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 forms of easements, for any mains that are required to provide service. 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. Complete the Certificate of Owners and accompanying Acknowledgment. 12. Submit an encroachment agreement with NMID for all lots that encroach within the Eight Mile Lateral and Ten Mile Creek easements prior to City Engineer's signature on the final plat. 13. Graphically depict an eight-foot wide (8') public utility, drainage & irrigation easement along the northerly side of Lot 39, Block 1. This extra width is necessary due to the location of a pressurized irrigation main. 14. The sum of the segment dimensions don't equal the overall eastern boundary dimension (244.26') adjacent to Lots 38 and 45, Block 1, Lot 1, Block 9 and E. Palermo Drive. Make all necessary corrections. 15. The property adjacent to the eastern boundary has not been platted, therefore it should be labeled as "UNPLATTED." 16. The legal description (Sheet 3) and the curve table data (Sheet 2) for curves CI and C2 do not match, please make the appropriate corrections. 17. Revise or add the following notes on Sheet 1 ofthe plat: FP-05-009 Exhibit "A" Tuscany Lakes Sub2 FP.doc Mayor & City Council Hearing Date: February 22,2005 Page 4 (7.) ". .. Eaeh siflgle famil) struetllfe shall eSflta1fl a miHiml:lm ef 1,101 sEIBEl-Fe feet, eJeelHEhflg garage." (] 2) This note refers to two (2) separate major irrigation canals. The easements for these are not clearly depicted on the face of the plat. The consultant may be able to define these by one of the methods noted below: Denote each easement on the face of the plat with a reference to the type of easement, width, benefactor of the easement, and the recorded instrument number with an arrow pointing to the individual easements. If this method is chosen, please remove note 12 on the plat. Denote each easement on the face of the plat with a reference to the applicable note "See Note #" and an arrow pointing to the easement. If this method is chosen, please separate Note 12 into two (2) notes referencing each individual canal. (16.) Add the following note: The develooer and/or owner shall comolv with Idaho Code Section 31-3805........ 18. Staffs failure to cite specific ordinance provisions or tenus of the approved annexation, preliminary plats or conditional use permit does not relieve the Applicant of responsibility for compliance. GENERAL REOUIREMENTS ]. 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. Applicant shall be responsible for application to obtain Anuy Corps of Engineers, Section 404 Permit (or written waiver of this requirement) prior to scheduling a Pre- Construction Conference. 3. Applicant shall be responsible for application and compliance with and NPDES Permitting that may be required by the Environmental Protection Agency. 4. 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. 5. One hundred watt, high-pressure sodium streetlights will be required at locations designated by the Public Works Department. AU streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. FP-05-009 Exhibit '"A" Tuscany Lakes Sub2 FP.doc Mayor & City Council Hearing Date: February 22, 2005 Page 5 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. 6. 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. 7. 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. 8. Developer shall coordinate mailbox locations with the Meridian Post Office. 9. Coordinate fire hydrant placement with the City of Meridian1s Fire Department and Public Works personnel. 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 have to be removed. STAFF RECOMMENDATION Staff recommends approval ofthe final plat for Tuscany Lakes Subdivision No.2 with the above stated comments and conditions. FP-05-009 Exhibit "A" Tuscany Lakes Sub2 FP.doc BRIGGS E. \...iINEERING!f Inc. ENGINEERS/PLANNERS I SURVEYORS February 22, 2005. Mayor und City Cotmcil 33 East Idaho 8t. Meridian, Idaho 83642 RE: Requestfor modification to staffrecommendationsfor Messina Hills #3 Dear Mayor and City COlmcil: After reviewing the Staff Report for our hearing tonight I would like to make two comments: First item: Under heading of Special Consideration for City Council staff has stated a concern that 2: 1 slope maybe too steep of a bank for the pond design. Due a concern that a child may have a problem climbing out of a 2: 1 slope if they fell in. (_w:v.IoSSIf:l>III01IPWI ~I;R.lS$/ROO( S!lEli Of POIID IiJfNE PIlC\.. W:V. IIWWi ~-25W-EA BWft'I!: GMlO \ll11i _ 4:1 SLO!'t RlIl r Illlil'ti fOOl, 00. i'Oi c;-~_ '1,'1 ISJ'.W.c. ro-~lI WMIOU: 1'YPiCAl. POND SECTION A-A IllS The Developer also has no desire for the ponds to be a hazard. Therefore we have designed the ponds to be one-foot feet from any edge ofthe pond before the 2:1 slope begins. This is the same design used on many other ponds through out the valley. The design allows for the possibly that if someone were to fell into a pond they would be in one foot to three deep in water for the first eight feet of the pond and would be able to get out. The developer will also is installing signs stating, "No swimming or wading is allowed in the ponds" In summarv from reviewinu other Donds desiuDs in the valle" we find 2:1 sloDes area have been used. I believe the issue before the Citv Council is how far from tbe ed!!e of the nond before the 2:1 slope bel!ins. We believe we are comnarable with other ponds in Meridian. I will be available to discuss this item with the City CounciL 4030] -Clarificmion.ltr Exhibit "B" ( ( BRIGGS ENGINE~'<ING, INC. 1800 W. Overland Road "'doise, Idaho 83705 - (208) 344-9700 Second Item is Condition #5 under SITE SPECIFIC COMMENTS IFINALPLA T Condition number five states: " 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 pelmits. " The Developer is requesting the City Council approval to allow Briggs Engineering to submit for a Zoning Certificate and allow a build permit for Club House and pool only. These improvements would take place with the street improvements and prior to recording the final plat. We would build the non-combustible elements of the Clubhouse and pool with are other development improvements to a point when we can comply with the ~ and ~ requirements of the ~ At that point we would begin the framing of the Clubhouse. I would therefore request the following modification to proposed condition #5: 5. Street signs arc 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 residential building permits. Sincerely, KB\ hllihll hBh BEFORE THE MERIDIAN CITY COUNCIL C/C February;2, 2005 IN THE MATTER OF THE APPLICATION OF TUSCANY DEVELOPMENT, INC. FOR FINAL PLAT APPROVAL OF 30 SINGLE- FAMILY RESIDENTIAL BUILDING LOTS AND 3 COMMON LOTS ON 12.61 ACRES LOCATED EAST OF SOUTH LOCUST GROVE ROAD AND SOUTH OF EAST VICTORY ROAD IN A PORTION OF THE NW 'l4 OF T. 3N., R. IE., SECTION 29 CASE NO. FP-05-008 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT This matter coming before the City Council for Final Plat approval pursuant to Meridian City Code S 12-3-7 on February 22,2005, and the Council finding that the Administrative Review is complete from Sonya Allen, Assistant City Planner for the Planning and Zoning Department, and John Boyd, Engineering Technician II for the Public Works Department, dated: Hearing Date: Februmy22, 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 TUSCANY LAKES SUBDIVISION NO.3 IN A PORTION OF THE NW ~ OF T. 3N., R. IE., SECTION 29, BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO 2005, HANDWRITTEN ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR TUSCANY LAKES SUBDIVrSION NO.3! (FP-05-008) Page 1 of 4 DATE: 01118/05, SHEET I OF 2, BRIGGS ENGINEERING, INC.", TUSCANY DEVELOPEMNT, INC., 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 John Boyd, Engineering Technician II for the Public Works Department, dated: Healing Date: February 22,2005, listing 21 SITE SPECIFIC REQUIREMENTS/FINAL PLAT and 10 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 Briggs Engineering, Inc., a true and correct copy of which is attached hereto marked Exhibit "B", and consisting of 2 pages, and by this reference incorporated herein, and the additional requirements from the action of the Council taken at their February 22, 2005 meeting as follows, to-wit: 1.1 Adopt the action of the City Council taken at their February 22,2005 meeting: Conditions of Aoproval 5. Street signs are to be in place, water system shall be approved and acti vated, fencing installed, drainage lots constructed, road base approved by the Ada County Highway Disttict and the Final Plat for this subdivision shall be recorded, prior to applying for residential building pennits. In addition, all residential building lots must meet the 8,000 square foot requirement per MCC 11-9-1. ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR TUSCANY LAKES SUBDIVISION NO.3! (FP-05-008) Page 2 of 4 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 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 goveming 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 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 :;;T"'c} day of Frhn in ~1r ,2005. ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR TUSCANY LAKES SUBDIVISION NO.3! (FP-05-008) Page 3 of 4 By JrIJ..O h~ City Clerk's Office Dated: 3. I u -os ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR TUSCANY LAKES SUBDIVISION NO.3 / (FP-05-008) Page 4 of4 MA YOR Tammy de Weerd PUBLIC WORKS BUILDING DEPARTMENT (208) 898-5500. Fax (208)898.955 I CITY COUNCIL MEMBERS Keith Bird Cluisline Donnell Shaun Wardle Charles M. Rountree PLANNING AND ZONING DEPARTMENT (208) 884.5533 . FAX 888-6854 STAFF REPORT: Hearing Date: February 22,2005 Transmittal Date: February 17,2005 To: Mayor and City Council From: Sonya Allen, Assistant City Planner John Boyd, Engineering Tech. II 7L6 Re: Tuscany Lakes Subdivision No.3 Pinal Plat approval of Thirty (30) Single-Family Residential Building Lots and Tluee (3) Common Lots on 12.61 Acres in an R-4 Zone, by Tuscany Development (File No. FP-05-008). 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, Tuscany Development, has applied for final plat approval of Tuscany Lakes Subdivision No.3 consisting of 30 single-family residential building lots and 3 common lots on 12.61 acres of land. The zoning designation for the proposed subdivision is R-4 (Low Density Residential). This subdivision will have a gross density of 2.4 d.u./acre and a net density of 2.73 d. u./acre. The proposed Tuscany Lakes Subdivision No.3 is located approximately ~ mile east of S. Locust Grove Road and approximately Y2 mile south of E. Victory Road in the south NW ~ of Section 29, T.3N., R.lE. The common lots within the subdivision consist of landscape, open space, and pedestrian pathway lots which will be owned and maintained by the Tuscany Homeowners Association. The pond within this phase is proposed as a water feature and will not contain stonnwater drainage. The pressurized irrigation system within this development will be owned and maintained by the Nampa & Meridian Irrigation District. A Conditional Use Pennit (Planned Development) was approved for this subdivision. The only reduction to the ordinance that was approved with the Planned Development that applies to this phase is reduced lot frontages. A specific minimum frontage was not identified in the CUP; FP-05-008 Exhibit 'X' Tuscany Lakes Sub3 FP.doc Mayor & City Council Hearing Date: February 22,2005 Page 2 however, all lots within the subdivision meet or exceed the minimum lot square footage requirement of 8,000 square feet. The submitted final plat substantially complies with the previously approved preliminary plats for this subdivision. Staff recommends approval of the final plat for Tuscany Lakes Subdivision No. 3 with the comments and conditions stated in this report. SPECIAL CONSIDERATION FOR CITY COUNCIL Staff is concerned that the 2: 1 slope of the ponds as shown on the landscape plan may pose too steep of a slope for a child to climb out of if they fell in. As these ponds are proposed as a water feature, they will contain a pennanent water level year around. Council should detennine if there should be a requirement for a more gradual slope placed on these ponds. SITE SPECIFIC COMMENTS / FINAL PLAT 1. Applicant is to meet all terms of the approved Annexation (AZ-02-005), Preliminary Plat (PP-02-006), and Conditional Use Pennit (CUP-02-006). 2. The applicant shall install aerators in the ponds on Lot 31, Block 6 and maintain the ponds in a manner that shall prevent the water from becoming stagnant or a public nuisance (a mosquito breeding ground). 3. All fencing must be in compliance with MCC 12-4-10. 4. The applicant has indicated that the Nampa & Meridian 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 cOlmection is utilized, the developer shall be responsible for the payment of assessments for the irrigable common areas prior to signature on the final plat by the Meridian City Engineer. 5. 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. 6. All development improvements, including sewer, fencing, micro-paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy. FP-05-008 Exhibit "A" Tuscany Lakes Sub3 FP.doc Mayor & City Council Hearing Date: February 22, 2005 Page 3 7. 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. 8. Sanitary sewer and municipal water service to this site shall be via extensions from existing mains. Applicant will be responsible 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 fonns of easements, for any mains that are required to provide service. 9. Stonn drainage must be in compliance with MCC 12-13-14, Stonnwater Integration. All drainage areas (detention/retention basins) must be designed to ensure that water will percolate or discharge within a period of time not to exceed 24 hours for all stonns up to and including a 100-year stonll event. Side slopes within drainage areas must be less than 3: 1 for accessibility and maintenance. 10. 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. 11. Complete the Certificate of Owners and accompanying Acknowledgment. 12. Submit an encroaclunent agreement with NMID for all lots that encroach within the Eight Mile Lateral, Ten Mile Creek and Ridenbaugh Canal easements prior to City Engineer's signature on the final plat. 13. The distance on the 14th leg of the legal description, (Sheet 2), and the distance shown on the boundary (6.19') do not match, please make the appropriate conections. 14. Add the distances between right-of-way pins along the northern boundaries of S. Basilica Way and S. Lamone Way. 15. Remove the easements depicted along all rear property lines that specifically relate to irrigation easements. These are adequately covered by Note 1. 16. Remove the easement shown along the rear lot lines of Lots 3-8, Block 8. This is adequately covered by Note 1. 17. Dimension the width ofthe Eight-Mile Lateral Easement. 18. Dimension the easement line shown on Lot 23, Block 6 to be 8'. This extra width is necessary due to the location of a pressurized irrigation main. 19. There is an easement for sanitary sewer shown south of Lot 21, Block 6 that must be dimensioned (Bearing and Distances with ties if necessary) on the plat or a reference to a FP-05-008 Exhibit "A" Tuscany Lakes Sub3 FP.doc Mayor & City Council Hearing Date: February 22, 2005 Page 4 Recorded Instrument Number must be shown. See SITE SPECIFIC COMMENTS I FINAL PLAT Item Number 4 if an easement is to be recorded for this item. 20. Revise the following notes 011 the face of the plat: (7.) ". ..Eaeh siRgle famil) strHetlfre sl'laIl eentaiH a 11'liHirnlf11'l Elf 1,101 SEjHare feet, 0Kel uEliflg garage." (15.) Add the following note: The developer and/or owner shall complv with Idaho Code. Section 3]- 3805..... ... 21. Staffs failure to cite specific ordinance provisions or terms of the approved annexation, preliminary plat or conditional use pelmit does not relieve the Applicant of responsibility for compliance. GENERAL REOUIREMENTS 1. All inigation 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. Applicant shall be responsible for application to obtain Anny Corps of Engineers, Section 404 Pennit (or written waiver of this requirement) prior to scheduling a Pre- Construction Conference. 3. Applicant shall be responsible for application and compliance with and NPDES Permitting that may be required by the Environmental Protection Agency. 4. 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. 5. 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 detennined 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. 6. 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. FP-05-008 Exhibit "A'" Tuscany Lakes Sub3 FP.doc Mayor & City Council Hearing Date: February 22, 2005 Page 5 7. 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. 8. Developer shall coordinate mailbox locations with the Melidian Post Office. 9. Coordinate fire hydrant placement with the City of Meridian's Fire Department and Public Works personnel. 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 have to be removed. ST AFF RECOMMENDATION Staff recommends approval of the final plat for Tuscany Lakes Subdivision No.3 with the above stated comments and conditions. FP-OS-008 Exhibit "A" Tuscany Lakes Sub3 FP.doc BRIGGS E' .wiINEERING. Inc. ENGINEERS I PlANNERS I SURVEYORS February 22, 2005, Mayor and City Council 33 East Idaho 8t. Meridian, ldaho 83642 RE: Requestfor modification to stqff recommendations for Messina Hills #3 Dear Mayor and City Council: After reviewing the Staff Report for our hearing tonight I would like to make two comments: First item: Under heading of Special Consideration for City Council staff has stated a concern that 2: 1 slope maybe too steep of a bank for the pond design. Due a concern that a child may have a prob lem climbing out of a 2: 1 slope if they fell in. TYPICAl POND SECTION A-A KrS The Developer also has no desire for the ponds to be a hazard. Therefore we have designed the ponds to be one-foot feet from any edge of the pond before the 2:1 slope begins. This is the same design used on many other ponds through out the valley. The design allows for the possibly that if someone were to fell into a pond they would be in one foot to three deep in water for the first eight feet of the pond and would be able to get out. The developer will also is installing signs stating, "No swimming or wading is allowed in the ponds" In summarv from reviewin2 other Donds desi.~ns in the valle" we find 2:1 sloDes area have been used. I believe the issue before the Citv Council is how far from the ed!!e of the Dond before the 2:1 sloDe be2ins. We believe we are comparable with other ponds in Meridian. J will be available to discuss this item with the City Council. 40301-Clarificmion.ltr Exhibit "[3" .. ( BRIGGS ENGINE......c:ING, INC. 1800 W. Overland Road ..:cdois'e;ldaho 83705 - (208) 344-9700 Second Item is Condition #5 under SITE SPECIFIC COMMENTS /FINAL PLAT Condition number five states: " 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. " The Developer is requesting the City Council approval to allow Briggs Engineering to submit for a Zoning Certificate and allow a build permit for Club House and pool only. These improvements would take place with the street improvements and prior to recording the final plat. We would build the non.combustible elements of the Clubhouse and pool with are other development improvements to a point when we can comply with the access and water requirements of the ~. At that point we would begin the framing of the Clubhouse. I would therefore request the following modification to proposed condition #5: 5. 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 residential building permits. Sincerely, KB\ Exlllhll "13" l \ rC\ (( .F~\'"' ?Llb ll0 tJCH..lU CITY OF MERIDIAN CITY COUNCil REGULAR MEETING AGENDA Tuesday, February 22, 2005 at 7:00 p.m. City Council Chambers 1. Roll-call Attendance: Shaun Wardle Christine Donnell Charlie Rountree _ Keith Bird _ Mayor Tammy de Weerd 2. Pledge of Allegiance: 3. Community Invocation by Pastor Stan Kelly, with Capital Christian Center: 4. Adoption of the Agenda: 5. Consent Agenda: A. Tabled from February 15, 2005: Amendment for Professional Services AQreement with Diane Kushlan: B. Approve Minutes of January 25, 2005 Pre-Council Meeting: C. Approve Minutes of January 25, 2005 City Council Regular Meeting: D. Approve Minutes of February 1, 2005 City Council Regular Meeting: E. license Aareement with Nampa & Meridian Irriaation District for Bear Creek No.8: F. Water Main Easement for Cherry Crossina No. 2 bv Boise Surplus 2002, llC: G. Aareement of Inspection Service with Rich Greene: 6. Department Reports: A. Fire Department - Bill Johnson All maleri~l~e~il~~i~~:l~~?a~~l~~~~~ll~~i;I~;S -s~;~;I~I~~~I~~'I~'~~~rlY Of~t::~:l~~~ Meridian Anyone desiting accommodationlordisabilitics rdaled to docmnenls andor hearings please contact the City Clerk"s OfJice at 8g8--1433 at leasl48 hours prior tl' the public meeting 1. RFP for Paramedic Position Advisor: 7. (Items Moved from Consent Agenda) 8. Tabled from February 15, 2005: RP 05-001 Request for a Reduction in Platting Requirements to divide one 1.71 +/- acre un-platted parcel into two parcels for EP Crossinas. LLC by EP Crossings, LLC - northeast corner of East Fairview Avenue and Venture Street: 9. FP 05-006 Request for Final Plat approval of 35 building lots and 8 other lots on 9.19 acres in a R-4 zone for Silverleaf Subdivision No.1 by Liberty Development, LLC - 2683 West Chinden Boulevard: 10. FP 05-007 Request for Final Plat approval of 55 building lots and 5 other lots on 16.66 acres in a R-4 zone for Silverleaf Subdivision No.2 by Liberty Development, LLC - 2683 West Chinden Boulevard: 11. FP 05-010 Request for Final Plat approval of 91 single-family residential building lots and 5 common area lots on 29.36 acres for Messina Hills Subdivision No.3 by Tuscany Development - east of South Locust Grove Road and south of East Victory Road: 12. FP 05-009 Request for Final Plat approval of 42 single-family residential building lots and 10 common area lots on 18.88 acres for Tuscanv Lakes Subdivision No.2 by Tuscany Development - east of South Locust Grove Road and south of East Victory Road: 13. FP 05-008 Request for Final Plat approval of 30 single-family residential building lots and 3 common area lots on 12.61 acres for Tuscanv Lakes Subdivision No.3 by Tuscany Development - east of South Locust Grove Road and south of East Victory Road: 14. Public Hearing: PP 04-044 Request for Preliminary Plat approval of 6 office lots on 4.65 acres in an R-8 zone for Verona Subdivision No.3 by Primeland Development, LLP - NEC of North Ten Mile Road and West Milano Drive: 15. Executive Session per Idaho State Code 67-2345(1)(f): "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. " tvleridian City Coullcil Ag~nd:l ~ Febl1l:llY 22, 2005 Page 2 of 2 All materials pre$ent~d at public meetings shall b~col1l~ prof1~rly of the Cily of IV[cl'ictian Anyone desiling accommodatiOIl lor disabilities related to documents audor hearings please contact th~ City Ckrl-:s Office at 888-4-03 at least 48 hours prior (0 the public meeting ---....-------------------......------......-------.....--------------........------------------........--------------..... "rRMATlON REPORT *'" DATE T J ME TO/FROM 04 02/18 14:59 PU8LJC WORKS IJ5 02/18 15: 00 12084664405 El6 02/18 15'01 8841159 07 132/18 15' 02 20888413744 08 02/18 15:05 8985501 09 e2/18 15:El6 LIBRRRY 10 02/18 15:07 92083776449 11 02/18 15: 08 3886924 12 02/18 15:09 P-AND-Z 13 02/18 15' 10 208 895 0390 14 02/18 15: 12 12831300413 15 132/18 15: 13 208 387 6393 16 02/18 15: 14 ADA CTY DEUELMT 17 02/18 15: 16 8885052 18 02/18 15: 17 CHERRY LANE 19 02/18 15: 19 IDAHO ATHLETIC C 213 02/18 15:20 lD PRESS TRIBUNE 21 02/18 15: 21 2088886701 22 02/18 15:26 21388467366 25 02/18 15' 31 3810160 MODE M I N/SEC PGS EC--S 00' 413" 0132 EC-S 00' 41" 002 EC--S 00'40" 002 EC--S 013'42" 1302 EC--S 013' 40" 002 EC--S 013'51" 002 EC--S 130' 40" 002 EC--S 130'40" 1302 EC--S 00' 413" 002 EC--S 00'40" 13132 G3--S 00' 49" 002 EC--S 130' 39" 1302 EC--S 00' 413" 002 EC-S 130'413" 002 G3--S 01' 18" 002 EC-S 1313'39" 13132 EC--S 00' 39" 002 EC-S 00'40" 0132 EC--S 1313'41" 1302 EC--S 01'03" 13132 CMDll STATUS 121 OJ< 121 OK 121 OK 121 OK 121 OK 121 OK 121 OK 121 OK 121 OJ< 121 OK 121 OK 121 OK 121 OK 121 OK 121 OK 121 OK 121 OK 121 OK 121 OK 121 OK ,I \tc\ <'( ~{I:r tl.\'" r-Llbll t..> I'JO llt.<. 1 VllJ.W-.)~: CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Roll-call Attendance: Tuesday, February 22, 2005 at 7:00 p.m. City Council Chambers Shaun Wardle _ Christine Donnell - Charlie Rountree Keith Bird - _ Mayor Tammy de Weerd Pledge of Allegiance: 4. Adoption of the Agenda: 3. Community Invocation by Pastor Stan Kelly, with Capital Christian Center: 5. Consent Agenda: Tabled from February 15, 2005: Amendment for Professional Services Aareement with Diane Kushlan: B. Approve Minutes of January 25, 2005 Pre-Council Meeting: C. Approve Minutes of January 25, 2005 City Council Regular Meeling: D. Approve Minutes of February 1, 2005 City Council Regular Meeting: E. License Aareement with NamDa & Meridian lrriaalion Dislrict for Bear Creek No.8: F. Water Main Easement for Cherrv Crossina No. 2 bv Boise Surplus 2002 LLC: G. AQreement of Insoection Service with Rich Greene; 6. Department Reports: A. Fire Department - Bill Johnson DATE TIME TO/FROM MODE MIN/SEC PGS CMDI1 STRTUS 131 132/23 00: 18 3810160 ECnS 131 '137" 002 134 OK 02 132/23 138;213 PUBLIC WORKS EC--S 1313'42" B132 134 OK 133 132/23 138:21 8841159 EC--S 013'42" 002 134 OK 04 02/23 08' 23 2088840744 EC--S 013' 43" 002 134 OK 05 02/23 08: 25 8985501 EC--S 00' 43" 002 134 OK 06 132/23 138;26 LIBRARY EC--S 1313'54" 002 134 OK 137 02/23 13S: Z? 92083776449 EC--S 013'42" 1302 134 OK 00 02/23 0S'29 P-AND-Z EC--S 00' 42" 002 134 OK 09 02/23 08: 313 208 895 13390 EC--S 00' 42" 002 134 OK 10 02/23 0S: 31 1283000413 G3--S 1313'52" 002 134 OK 11 132/23 138:33 208 387 6393 EC--S 013' 42" 1302 134 OK 12 02/23 08' 34 ADA CTY DEVELMT EC--S 00'42" 13132 134 OK 13 132/23 138:35 88851352 EC--S ee' 42" 002 134 OK 14 02/23 138:37 IDAHO ATHLETIC C EC--S 1313'42" 002 134 OK 15 132/23 138:38 [D PRESS TRIBUNE EC--S 013' 41" 002 134 OK 16 02/23 08' 39 2088886701 EC--S 013'42" 002 134 OK 17 02/23 08' 4S 3886924 EC--S 0El' 41" 0El2 134 OK 19 132/23 138: 54 POLICE DEPT ----S 130'00" 000 134 BUSY THIS DOCUMENT JS STILL IN MEMORY -------........-------------------------.......-----......------....-------------------...------....------------- CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, February 22, 2005 at 7;00 p.m. City Council Chambers 1. Roll-call Attendance: --X- Shaun Wardle ---X-- Christine Donnell --fJ- CharJ~n~:~or Tamm~e~~~h Bird 2. Pledge of Allegiance: !3f!t;%'1 /11.c. tar 3. Community Invocation by Pastor Stan Kelly, with Capital Christian Center; ~ 4. Adoption oftoe Agenda: #i./'r""""'v--'-- Consent Agenda: A. Tabled from February 15, 2005: Amendment for Professional Services Aareement with Diane Kushlan; ~~ B. Approve Minutes of January 25, 2005 Pre-Council Meeting: ~IA<./ C. Approve Minutes of January 25, 2005 City Council Regular Meeting: ~w..... D. Approve Minutes of February 1, 2005 City Council Regular Meetfng: "1rV'V E. License Aareement with Namoa & Meridian Irriaation District for Bear Creek NO.8; apprvv<- F. Water Main Easement for Cherrv Crossino No. 2 bv Boise Surplus 2002 LLC; ~""'-' G. Aqreement of Inspection Service with Rich Greene: Department Reports; 7'1t.{;.(:e 10 Akt.i/'n- I$), 29 e>!:' A. Fire Department - Bill Johnson