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Home My WebLink About2005-11-01 CITY OF MERIDIAN CITY COUNCIL MEETING AGENDA TuesdaYJ November 1J 2005 at 7:00 p.m. City Council Chambers 33 East Idaho AvenueJ MeridianJ Idaho 1. RolI~call Attendance: ~ Shaun Wardle ~ Christine Donnell ~ Charlie Rountree ~ Keith Bird ~ Mayor Tammy de Weerd 2. Pledge of Allegiance: Centennial Girls I Students 3. Community Invocation lay Paster Brian Yea~er '."(ith The Experienee: 4. Adoption of the Agenda: Approve 5. Consent Agenda: A. Approve Minutes of September 13J 2005 Pre-Council Meeting: Approve B. Approve Minutes of October 18J 2005 City Council Regular Meeting: Approve C. Approve Minutes of October 4J 2005 Pre-Council Meeting: Approve D, Approve Minutes of October 11 J 2005 City Council Regular Meeting: Approve E. Findings of Fact and Conclusions of Law for Charainq Turn on Fee: Pretermination Hearing for Ryan Wixson at 4343 East English: Approve F. Amendment for On-call GIS Services with HDR Enaineerina, ~ Approve Meridian City Council Meeting Agenda - November 1, 2005 Page 1 of 3 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. G. Autumn Faire Well Lot Landscaoinq Contracts with Sunshine Landscaoe: Approve H. Development Agreement: AZ 05~032 Request for Annexation and Zoning of .56 acres from R6 to L-O zone for West Carol Street Professional Center by James and Carrie Jewett - 1560 Carol Street: Approve Resolution No. 05~492 Declaring the Intent of the City of Meridian to Convev to the Ada Countv Hiqhwav District for Riqht of Wav Purooses Certain Real Prooertv Located Adjacent to Settlers Park at Ustick and Meridian Roads in the City of Meridian: Approve J, Notice of 2005 General Election Judaes and Clerks: 6, Department Reports: A. City Council President - Shaun Wardle: Congratulate MeridianJ Mountain View and Centennial High School Football Teams I University of Idaho winning streak B. Bill Nary - City Attorney: Introduction of Emily KaneJ new part~time attorney 7, Items Moved from Consent Agenda: None 8. FP 05~063 Request for Final Plat approval for 9 single-family residential building lots and 1 common area lot on 2.74 acres in a R-4 zone for The Enclave Subdivision by The Enclave, LLC - 2620 South Locust Grove Road: Approve 9, FP 05~064 Request for Final Plat approval of 52 residential building lots and 13 common lots on 16.61 acres in a R-B zone for Bellinqham Park Subdivision No.1 by Bellingham Park, LLC - Locust Grove Road south of Victory Road: Approve 10, AP 05~003 Request for Appeal of the Planning and Zoning Commission's denial of Banff Subdivision Preliminary Plat by Landworks, LLC - 675 South Linder Road: Approve Request - Notice public hearing for November 22, 2005 11, Public Hearing: AZ 05~033 Request for Annexation and Zoning of 3.02 acres to R-8 zone for Banff Subdivision by Landworks, LLC - 675 South Linder Road: Continue public hearing to November 22,2005 Meridian City Council Meeting Agenda - November 1, 2005 Page 2 of 3 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. 12. Public Hearing: CUP 05~036 Request for a Conditional Use Permit / Planned Development to allow reduced lot sizes, setbacks, frontage and minimum ground floor square footage for Banff Subdivision by Landworks, LLC - 675 South Linder Road: Continue public hearing to November 22J 2005 13, Public Hearing: PP 05~042 Request for Preliminary Plat approval of 3 building lots and 1 common lot on 10.85 acres in a I-L zone for Weed and Pest Control Camous Subdivision by Ada County - on East Pine Avenue west of North Locust Grove Road: Approve 14. Public Hearing: PP 05-044 Request for Preliminary Plat approval of 60 single-family residential building lots and 4 common area lots on 23.9 acres in a R-4 zone for Bridqetower Crossina Subdivision No. 14 by Primeland Development, LLP - north of West Ustick Road and west of North Linder Road: Continued Public Hearing to November 9,2005 15. Public Hearing: VAR 05~021 Request for a Variance to allow three access points onto Eagle Road for Kohl's Deoartment Store by W.H. Moore - NWC of North Eagle Road and East Ustick Road: Approve- Attorney to prepare new findings for November 15J 2005 City Council Meeting 16. Ordinance No, 05-1198 : AZ 05~032 Request for Annexation and Zoning of .56 acres from R6 to L-O zone for West Carol Street Professional Center by James and Carrie Jewett - 1560 Carol Street: Approve Meridian City Council Meeting Agenda - November 1, 2005 Page 3 of 3 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or 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 MEETING AGENDA Tuesday, November 1,2005 at 7:00 p.m. City Council Chambers 33 East Idaho Avenue, Meridian, Idaho 1. RolI~call Attendance: )( Shaun Wardle + Christine Donnell ~ Charlie Rountree ~ Keith Bird ~ Mayor Tammy de Weerd 2. Pledge of Allegiance: ~MfehJ?;af 6k/r (Of2..--'- 3. Community Invocation by rastol DI iall \ 'S uJS \\./ I '. ~, (f VVv.J1 ') . l {GO\ \\--0 d 4. Adoption of the Agenda: tN~/YOv-<- 5. Consent Agenda: A. Approve Minutes of September 13J 200. B. Approve Minutes of October 18J 20~ Meeting: af/'fpv.Il.. C. Approve Minutes of October 4J 2005 Pre-( D, Approve Minutes of October 11 J 2005 Meeting: a-fPrr/I/J.- E. Findings of Fact and Conclusions of Law for Charaina Turn on Fee: Pretermination Hearing for Ryan Wixson at 4343 East English: tApprwl/'<- . .....11 Kegular F. Amendment for On~call GIS Services with HDR Enaineerinq, Inc.: UPfJrPviL G. Autumn Faire Well Lot Landscapina Contracts with Sunshine Landscaoe: arrvx. Meridian City Council Meeting Agenda - November 1, 2005 Page 1 of 3 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. 6. H. Development Agreement: AZ 05~032 Request for Annexation and Zoning of .56 acres from R6 to L-Q zone for West Carol Street Professional Center by James and Carrie Jewett - 1560 Carol Street: a rpY"R v.e.... Resolution No. 0 5" - 1- q 2- : Declaring the Intent of the City of Meridian to Convev to the Ada Countv Hiohwav District for Riqht of Wav Purooses Certain Real Property Located Adjacent to Settlers Park at Ustick and Meridian Roads in the City of Meridian: ~~V'wf- J. Notice of 2005 General Election Judqes and Clerks: Department Reports: b/n ~':J - Ef'1'1-'IJj, /(P"!!L~ LJ..~__ ~ 11<"'" fJ~ ~ prTJV-"~ A. City Council President - Shaun Wardle: . ~ A-r~ -cn..r~f~.l~ /h~(~/)uh..tlj'tF!.9~~;;~('3 .' Item~~d from Consent Agenda: _ UnMe-t/";f? PI' .:td#vfro Wf)wI'YT~ tJ.pt~ FP 05~063 Request for Final Plat approval for 9 single-family residential building lots and 1 common area lot on 2.74 acres in a R-4 zone for The Enclave Subdivision by The Enclave, LLC - 2620 South Locust Grove Road: o/fH'O'I"<- 7. 8. 9. FP 05~064 Request for Final Plat approval of 52 residential building lots and 13 common lots on 16.61 acres in a R-8 zone for Bellinoham Park Subdivision No.1 by Bellingham Park, LLC - Locust Grove Road south of Victory Road: ~v<.- AP 05~003 Request for Appeal of the Planning and Zoning Commission's denial of Banff Subdivision Preliminary Plat by Landworks, LLC - 675 South Linder Road: Clpf}V"~ reftfL.I-f - ftO..JrGe/ piA... 11-2Z-07 Public Hearing: AZ 05-033 Request for Annexation and Zoning of 3.02 acres to R-8 zone for Banff Subdivision by Landworks, LLC - 675 South Linder Road: t",,-h~ ;01It... h> /1-22-0S Public Hearing: CUP 05~036 Request for a Conditional Use Permit / Planned Development to allow reduced lot sizes, setbacks, frontage and minimum ground floor square footage for Banff Subdivision by Landworks, LLC - 675 South Linder Road: c'~h-~ pllt... It> /1-2-Z-0S- Public Hearing: PP 05~042 Request for Preliminary Plat approval of 3 building lots and 1 common lot on 10.85 acres in a l-L zone for Weed and 10. 11. 12. 13. Meridian City Council Meeting Agenda - November 1, 2005 Page 2 of 3 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the pUblic meeting. 14. Pest Control Camous Subdivision by Ada County - on East Pine Avenue west of North Locust Grove Road: ~~ Public Hearing: PP 05~044 Request for Preliminary Plat approval of 60 single-family residential building lots and 4 common area lots on 23.9 acres in a R-4 zone for Bridaetower Crossina Subdivision No. 14 by Primeland Development, LLP - north of West Ustick Road and west of North Linder Road: ccn-vf>Vl.~ lilt. fo //- 1-~S Public Hearing: V AR 05~021 Request for a Variance to allow three access points onto Eagle Road for Kohl's Department Store by W.H. Moore - NWC of North Eagle Road and East Ustick Road: ~~ - ~/.lWV:- /2 h€1V ~/;?{ c(....e 11---/5-f)> Ordinance No. tJ S - I ( q D : AZ 05-032 Request for Annexation and Zoning of .56 acres from R6 to L-Q zone for West Carol Street Professional Center by James and Carrie Jewett - 1560 Carol Street: pirf ~ V'<- 15. 16. Meridian City Council Meeting Agenda - November 1, 2005 Page 3 of 3 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. January 13,2006 MERIDIAN CITY COUNCIL MEETING APPUCANT January 17, 2006 ITEM NO. 5-A REQUEST Approve Minutes of November 1, 2005 City Council Regular Meeting AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SffiLERS 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 Clfy of MeridIan. Meridian City Council Meetina November 1. 2005 The regular meeting of the Meridian City Council was called to order at 7:00 P.M., Tuesday, November 1, 2005, by President Shaun Wardle. Members Present: Shaun Wardle, Keith Bird, Charlie Rountree and Christine Donnell Members Absent: Mayor Tammy de Weerd. Others Present: Bill Nary, Will Berg, Anna Canning, Len Grady, Bill Musser, Kenny Bowers, and Dean Willis. Item 1: RolI~call Attendance: Roll call. ~ Shaun Wardle ~Christine Donnell X Charlie Rountree X Keith Bird - _ Mayor Tammy de Weerd Wardle: All right. I'd like to welcome everyone to our City Council meeting for the City of Meridian, Tuesday, November 1 st, and I will begin with roll call attendance. Mr. Clerk. Item 2: Pledge of Allegiance: Wardle: Thank you. Item No.2 is the pledge of allegiance. We will be led by some students from Centennial High School. (Pledge of allegiance recited.) Item 3: Community Invocation by Will Berg. Wardle: Thank you very much, ladies. I have pins for you. City of Meridian pins. Thank you very much. Item 3 is our community invocation. Pastor Brian Yeager with The Experience. Mr. Clerk, would you fill in for Pastor Yeager. Berg: Thank you, Mr. President. Could we all bow and take this time for community acknowledgement. Heavenly Father, let us thank you for this opportunity that we have to meet together. Thank you for the opportunities our community has given us to prosper and to experience the growth that we have. We want to thank you for the community spirit that we have, the acknowledgment that the kids and the youth have something in the future to grow to. We want to thank you for all these people that have volunteered in this community and to the national scope. We want to thank this body of governing patrons that have given the special services to lead our community. We want to have them enter this meeting with the wisdom and the knowledge that's been Meridian City Council November 1 , 2005 Page 2 of 33 bestowed upon them to guide and direct us. We want to thank you this special time in your name, amen. Item 4: Adoption of the Agenda: Wardle: Thank you, Mr. Clerk. Item NO.4 is the adoption of the agenda. Bird: Mr. President? Wardle: Mr. Bird. Bird: We do on the Consent have a resolution, which will be 05-492. And, then, on the regular agenda we have got one ordinance, which number will be 05-1198. And with that I would move that we approve the published agenda. Rountree: Second. Wardle: It's been moved and seconded to adopt the agenda with the noted resolution and ordinance numbers. All those in favor? MOTION CARRIED: ALL AYES. Item 5: Consent Agenda: A, Approve Minutes of September 13,2005 Pre-Council Meeting: B. Approve Minutes of October 18, 2005 City Council Regular Meeting: C. Approve Minutes of October 4J 2005 Pre-Council Meeting: D. Approve Minutes of October 11 J 2005 City Council Regular Meeting: E. Findings of Fact and Conclusions of Law for Charainq Turn on Fee: Pre~termination Hearing for Ryan Wixson at 4343 East English: F, Amendment for On~call GIS Services with HDR Enqineerina, Inc.: G. Autumn Faire Well Lot Landscaoina Contracts with Sunshine Landscaoe: Meridian City Council November 1. 2005 Page 3 of 33 H. Development Agreement: AZ 05~032 Request for Annexation and Zoning of .56 acres from R6 to L-O zone for West Carol Street Professional Center by James and Carrie Jewett - 1560 Carol Street Resolution No, 05~492 Declaring the Intent of the City of Meridian to Convey to the Ada County Hiqhway District for Riaht of Way Purooses Certain Real Property Located Adjacent to Settlers Park at Ustick and Meridian Roads in the City of Meridian: J. Notice of 2005 General Election Judaes and Clerks: Wardle: Item No. 5 is the Consent Agenda. Bird: Mr. President? Wardle: Mr. Bird. Bird: I move that we approve the Consent Agenda, which includes Resolution No. 05- 492 and for the President to sign and the Clerk to attest on all proper papers. Rountree: Second. Wardle: It's been moved and seconded to adopt the Consent Agenda. Mr. Clerk, will you, please, call roll. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea. MOTION CARRIED: ALL AYES. Item 6: Department Reports: A. City Council President - Shaun Wardle: Wardle: Thank you. Item No.6, Department Reports. I have just got a short acknowledgment. J'd like to knowledge that three of our community's high schools have made the state playoffs in football. Meridian, Mountain View, and also some of our residents attend Centennial High School. So, congratulations to those schools. Also as is the chair's prerogative, I'd also like to point out and celebrate the winning streak by the University of Idaho Vandal football team and -- Rountree: One in a row. Wardle: One in a row. So, in addition to that, the City Attorney's office would like to introduce a new staff member. So, Mr. Nary? Meridian City Council November 1, 2005 Page 4 of 33 Nary: Thank you, Mr. President, Members of the Council. It's hard to follow that. I am happy tonight to introduce Emily Kane. She's our new Assistant City Attorney. She started today with us. She's going to be a great asset to the city and to our office. We are really exited to have her here and we feel very lucky that she decided to join our office. She comes from the Attorney General's in their environmental division and she has a great deal of experience that's going to help the city in a lot of ways and so we are happy she's here and I just wanted you to have an opportunity to meet her tonight and she started with us today. Rountree: Welcome. Donnell: Welcome. Item 7: Items Moved from Consent Agenda: Wardle: Welcome, Emily. With that there were no items moved from the Consent Agenda. Item 8: FP 05~063 Request for Final Plat approval for 9 single-family residential building lots and 1 common area lot on 2.74 acres in a R-4 zone for The Enclave Subdivision by The Enclave, LLC - 2620 South Locust Grove Road: Item 9: FP 05-064 Request for Final Plat approval of 52 residential building lots and 13 common lots on 16.61 acres in a R-8 zone for Bellinaham Park Subdivision No.1 by Bellingham Park, LLC - Locust Grove Road south of Victory Road: Wardle: Item No. 8 is FP 05-063 for the final plat for the Enclave Subdivision and we also have Item No.9, FP 05-064, which is final plat for Bellingham Park Subdivision No. 1. Anna. Canning: President Wardle and Council, we have letters of agreement from the applicant on both those projects stating they are in agreement with the conditions of approval. Wardle: Thank you. Council, any further questions? Bird: I have none. Wardle: With that I would entertain a motion on both items. Bird: Mr. President? Wardle: Mr. Bird. Meridian City Council November 1, 2005 Page 5 of 33 Bird: I move that we approve FP 05-063 and FP 05-064, with staff and applicant comments. Rountree: Second. Wardle: It's been moved and seconded to approve Items 8 and 9. Mr. Clerk, will you, please, call roll. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea. MOTION CARRIED: ALL AYES. Item 10: AP 05~003 Request for Appeal of the Planning and Zoning Commission's denial of Banff Subdivision Preliminary Plat by Landworks, LLC - 675 South Linder Road: Wardle: Item No. 10 is AP 05-003, which is a request for appeal to Planning and Zoning Commission's denial of Banff Subdivision preliminary plat. I will begin with comments from the planning director. Canning: Mr. President, Members of the Council, this -- the one you opened is the appeal decision. There are two other concurrent applications. One is the Conditional Use Permit for the planned development and the annexation and zoning. I wanted to also, just as a note for the record, because this application was filed under the new -- or under the old ordinance, we are treating the appeal as if it were under the old ordinance, even though it was recently filed for. The question before the Council tonight is whether or not they want to hear the preliminary plat, along with the annexation, zoning, and Conditional Use Permit. Because as it is right now, you will not see the preliminary plat, unless you grant the appeal. So, the two options, as I understand it tonight, are that you grant the request for the appeal and, then, set a hearing date for all three applications. You would open and continue the one for the Conditional Use Permit and for the annexation and zoning. The earliest date that I believe we could get that notice for is November 22nd. The other option is to deny the request for the appeal and, then, you would just continue the annexation and zoning and Conditional Use Permit applications until we could prepare Findings for you. So, that could be as early as next week. Wardle: Thank you, Anna. A procedural for question for Mr. Nary. Is this a decision in which the Council takes any testimony or indication from the applicant or is this solely our discretion to either hear the appeal or deny the appeal? Nary: Mr. President, Members of the Council, you certainly can hear from the applicant if you wish as to that is their desire to hear it. I mean the nature of these appeals -- and you have seen a number of these over the years -- it's just because of the way our ordinances previously had been structured. You won't have this in the future with the Meridian City Council November 1, 2005 Page 6 of 33 way the UDC is now -- now formed. You won't have that type -- this type of separated application. But you can grant the appeal, if that is the applicant's wish -- and must be, obviously, that's why they applied for it. You don't have to have a hearing to make that determination. Again, you would be granting the appeal merely for the purposes of hearing the applications together, so it's really just the nature of the form of our ordinance, not because you're granting their appeal or approving their project or approving the plat, but just for the purposes of a Public Hearing. If you want to confirm on the record that that is what their intent is, you certainly can do that. Wardle: Thank you, Mr. Nary. Council? Rountree: Mr. President? Wardle: Mr. Rountree. Rountree: My preference would be -- if we are going to hear this particular application, to have the preliminary plat along with the annexation request and the conditional use request as a package. I would not be inclined to react favorably to the other two without the preliminary plat. So, having said that, that doesn't necessarily indicate that this would move forward beyond a future hearing, but as a complete package would be my preference. Wardle: Thank you. And I believe the planning director clarified that in our new code that would be the procedure, everything would come forward together. So, this is one of those clean-up items from our old code. Council, is there any other discussion? I would entertain a motion. I believe we first need to act on the request for appeal and either approve an appeal or deny that and, then, move to the next two applications. Rountree: Mr. President, just a re-c1arification from counsel. In a motion can we open the other two hearings and hold them open until we schedule a hearing for the 3rd or should we just act on the appeal first and, then, act on the scheduled hearings? Nary: Mr. President, Members of the Council, Councilmember Rountree, I don't know that it makes much difference. [mean I think the intent -- you're going to want to open the other two and continue those matters to the date certain. Whether you do that first - - it probably would be easier to continue your appeal and your plat matter to that date and, then, you could open the other matters and, then, continue those to the same date. And, again, I think if your motion -- just to clarify your motion, if you're going to do that, would be that you're granting the appeal simply for the purposes of hearing this project and it's not approval or denial of the project itself. Rountree: And another point of clarification, Mr. President. Anna, what kind of time do you need if we were to move forward with this? Canning: The preliminary plat needs to be re-noticed. So, the earliest it could be is November 22nd and that's plenty of time for us. Meridian City Council November 1, 2005 Page 7 of 33 Rountree: Okay. Thank you. Bird: Mr. President? Wardle: Mr. Bird. Bird: Mr. Nary, I'm a little confused here. We are acting upon a request -- appeal on the Planning and Zoning on the preliminary plat; is that right? And we haven't even annexed it. How can we be doing that? We haven't annexed and zoned it. That's not until the next item. So, how do we -- how do we enact upon a preliminary plat when they are not even in our -- in our area of impact -- in our jurisdiction? Nary: Mr. Mayor, Members of the -- Bird: Or did I miss something? I mean I could have. Nary: No. Mr. President, Members of the Council, Councilmember Bird, what you're acting on is a request for an appeal. You're not acting on the plat. If you're going to grant the appeal, the appeal is simply to hear the plat. You're not making a decision on the plat. You're making a decision whether or not you choose to hear it. So, all you're doing is setting it over to hear it and you're going to set over the other matters to hear them on the same date. So, as I said, technically, if you want to open the other ones now and move them to the date, you can certainly do that as well. But all you're granting is an appeal. You're not hearing the plat itself. That's why we have to provide notice and have a hearing on that on the 22nd. Bird: But follow up, please, Mr. President. Wardle: Sure. Bird: But, Mr. Nary, don't we have to have it annexed and zoned before we have a preliminary plat that we can -- whether deny or approve? Nary: Correct. And on the 20th -- Bird: And they are not. Nary: But -- Mr. Bird, Members of the Council, but you're not acting on the plat, you're acting on their appeal. They have applied for you to hear it and all you're doing is you're granting their opportunity to be heard on their plat. You're not going to hear that plat before you take up the annexation question of whether to annex them on the 22nd. So, tonight you aren't making any decision on their plat, all you're making is a decision to hear it here on the 22nd. Meridian City Council November 1, 2005 Page 8 of 33 Bird: But, Mr. Nary, what would be the difference of somebody out in the county coming in and asking us to deny or approve their preliminary plat without being annexed or zoned? Where are we legally -- and I'm not saying we are not, I mean because I'm not no legal eagle, but I just -- we have always been told that you had to be annexed and zoned before you made decisions on preliminary plats, final plats, CUPs, and everything like that. Nary: But, Mr. President, Members of the Council, that hasn't changed, Mr. Bird. No one can come and ask you to talk about their plat without it being annexed. The problem is it's the way our ordinances are currently drafted -- the older ordinance -- not the new UDC -- was the plat gets heard separately and is a separate final decision by the Planning and Zoning Commission, so their only opportunity for you to hear them is by granting their appeal to just hear their request for that plat in relation to that annexation. So, you aren't going to make a decision on the plat tonight, all you're making is a decision to hear it. Wardle: And, Mr. Bird, if I could just clarify real quick, Discussion with the planning director was in the old code the power of the Planning and Zoning Commission was to hold the plat. They could hold the plat from going forward without a recommendation, as I understand it. The other applications come forward to the City Council in the old code regardless. Nary: And the reason that worked -- made sense -- or did make sense is if you were dealing with property that's already annexed, then, you wouldn't have to worry -- you wouldn't have to have your -- every single plat come forward to the City Council, it could be heard at the Planning and Zoning Commission. But when it's tied together, there was no mechanism in the old code to keep them together for you to hear them all, because, otherwise, you're stuck in the quandary that Councilmember Rountree stated, where without the appeal you cannot hear the plat, but you have to hear the annexation and the conditional use, which would have no relationship to anything without the plat. So, you would have to have them all together. It was just a deficiency in our old code that occasionally would crop up like this, where we would have one piece of it not tag along with the rest of it that you would see. But, Mr. Bird, what -- your recollection of what you have had previously hasn't changed. You aren't deciding on whether their plat is appropriate, is drawn properly, it has the right setbacks, it has the right lots, it has the right anything, all you're making a decision on is whether you will choose to hear that with the other projects and that's it. Bird: Okay. Wardle: Thank you. Further clarification, Council? Bird: No. Donnell: Mr. President? Meridian City Council November 1, 2005 Page 9 of 33 Wardle: Mrs. Donnell. Donnell: I'd like to make a motion that we do approve the request for appeal and that we would set that date at November 22nd, if that is appropriate for the planning department. Rountree: I will second that if you're done. Wardle: Okay. Donnell: Yes. Wardle: It's been moved and seconded to approve the request for appeal and to hear that appeal of the final plat on November 22nd. Mr. Clerk, roll call vote. Roll-Call: Bird, nay; Rountree, yea; Wardle, yea; Donnell, yea. MOTION CARRIED: THREE AYES. ONE NAY. Item 11: Public Hearing: AZ 05~033 Request for Annexation and Zoning of 3.02 acres to R-B zone for Banff Subdivision by Landworks, LLC - 675 South Linder Road: Item 12: Public Hearing: CUP 05-036 Request for a Conditional Use Permit I Planned Development to allow reduced lot sizes, setbacks, frontage and minimum ground floor square footage for Banff Subdivision by Landworks, LLC - 675 South Linder Road: Wardle: With that I will open Items No. 11 and Items No. 12, AZ 05-033 and CUP 05- 036, for the purpose of continuing these two items to be heard with the preliminary plat on November 22nd. I will need a motion to that effect. Donnell: Mr. President? Wardle: Mrs. Donnell. Donnell: I would move that we would continue the hearings on Item No. 11 and No.1 0 at that same time, November 22nd. Wardle: Item 12. Donnell: Is it 12? Wardle: Yes. Donnell: 11 and 12. Meridian City Council November 1, 2005 Page 10 of 33 Rountree: Second. Wardle: It's been moved and seconded to continue public hearings on 11 and 12 to November 22nd. Mr. Clerk, roll call vote. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea. MOTION CARRIED: ALL AYES. Item 13: Public Hearing: PP 05-042 Request for Preliminary Plat approval of 3 building lots and 1 common lot on 10.85 acres in a l-L zone for Weed and Pest Control Camous Subdivision by Ada County - on East Pine Avenue west of North Locust Grove Road: Wardle: Thank you. Item 13 is a Public Hearing, PP 05-042, preliminary plat for Weed and Pest Control Campus Subdivision by Ada County. [will open with staff comments. Canning: President Wardle, Members of the Council, I'm having a really hard time not calling you Madam Mayor. I really apologize if that slips out. Wardle: Please don't. Bird: That would be fine. Rountree: We'd enjoy that. Bird: We would enjoy it. Canning: This project is the Weed and Pest Control. It's on the south side of Pine Avenue, west of Locust Grove. You can see it highlighted. The site is currently vacant. You have seen a couple of residential applications on it prior to this, as well as you approved a lot split in the southeast corner previously. The applicant is proposing three lots and a road extension in this preliminary plat. There are no uses proposed right now. They are coming forward with a Conditional Use Permit. Normally at this time, because of the Comprehensive Plan designation of mixed-use community, you would see a Conditional Use Permit, but the applicant has agreed that they will do them individually, as they develop the site or they will come in for a concept plan for a CU at a later time. So, that's why you're not seeing it today -- tonight. There are no elevations, because, as I said, there are no uses proposed. The Planning and Zoning Commission did recommend approval at their October 6th, 2005, hearing. There were no key issues of discussion and to our knowledge there are no outstanding issues before Council. I would like to note on the record that there has been a question about an access drive that's being proposed with the construction drawings and that would be located on the west side of the property. I spoke with the applicant's representative today and he's going to come in and submit an alternative compliance for the landscape buffer that's Meridian City Council November 1, 2005 Page 11 of33 required and will we work together and figure out the appropriate thing to do there. So, that will get done at staff level. Wardle: Thank you, Anna. Questions of staff? Would the applicant like to come forward? If you will, please, state your name and address for the record. Fluke: Thank you, Mr. President. Daren Fluke, JUB Engineers, 250 South Beechwood in Boise. We are representing Ada County on this application. It's a fairly simple plat. As Anna stated, we will be back in front of you -- or back in front of the Planning and Zoning Commission, I suppose, with a conditional use application for the Weed and Pest Control building, which will be located here on this lot. I don't think there is, you know, a lot to talk about with this application, so I think I'll just leave it at that and if you had questions I would be happy to answer those. Wardle: Thank you. Council, questions of the applicant? Bird: I have none. Donnell: None. Rountree: Mr. President? Wardle: Mr. Rountree. Rountree: Just explain the street extension and the connectivity. Fluke: Currently Pine Avenue sits on the north of the site. We will be dedicating additional right of way for that, as well as building a detached sidewalk within the right of way, the future right of way. We will have a driveway that aligns here with Stonehenge, that's approved by ACHD as a 40-foot commercial approach. We will also be extending this stub street here, which is Commercial Drive or Avenue, I forget what the designation is. Commercial Street. I mean that, basically comes up with a little S curve and Gomes about to the property here, where it will be left as a stub street for future extension. ACHD's thinking is that it will align with the Broadway right of way here and will connect in the future. So, we don't have any other plans other than that at this time. Rountree: Thank you. Wardle: Thank you. This is a Public Hearing. Is there anyone else that would wish to provide testimony on Item No. 13? Mr. Rountree? Rountree: Mr. President, seeing no further comment, I move that we are close the Public Hearing for Item 13. Bird: Second. Meridian City Council November 1 , 2005 Page 12 of 33 Wardle: It's been moved and seconded to close the Public Hearing on Item 13. All those in favor? MOTION CARRIED: ALL AYES. Rountree: Mr. President? Wardle: Mr. Rountree. Rountree: I would move that we approve the request for preliminary plat for Item 13, PP 05-042. Donnell: Second. Wardle: It's been moved and seconded to approve Item 13. Mr. Clerk, will you, please, call roll. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea. MOTION CARRIED: ALL AYES. Wardle: Item No. 14. Before I open this, applicant had called staff with a conflict and -- is the applicant -- Canning: I do not see the applicant, unless she's out in the hallway. Wardle: Applicant has asked that we move -- with Council's permission, move to Item 15 and hear Item 14 after Item 15. Bird: That would be my preference. Item 15: Public Hearing: VAR 05~021 Request for a Variance to allow three access points onto Eagle Road for KohPs Deoartment Store by W.H. Moore - NWC of North Eagle Road and East Ustick Road: Wardle: Item No. 15. I will open the Public Hearing on V AR 05-021. Rountree: Mr. President? Wardle: Mr. Rountree. Rountree: I'm going to recuse myself on this item. Wardle: Okay. Thank you. For the record, note that Councilman Rountree has recused himself. After that recusal, I will, again, open the Public Hearing on the request for variance for Kohl's Department Store and begin with staff comments. Meridian City Council November 1, 2005 Page 13 of 33 Canning: President Wardle, Members of the Council, this is the Kohl's Department Store project. It's located at the northwest corner of Eagle and Ustick Road. Right there. And it is all these properties here. The application that's before you tonight is just the variance application. The applicant is seeking a variance from the Unified Development Code provisions restricting access to the state highway, Eagle Road in this case. The city adopted these provisions just recently and they were largely in response to ITO's -- did not appear to have the authority to restrict access points to the extent that the city did and that was one of the driving forces behind those -- that article specifically dedicated to development along state highways. The variance application pertains to the full 58 acres, even though the Kohl's Department Store is only on a portion of that. So, it really pertains to the Center Point Marketplace development. And that was annexed under the name Blue Marlin, you may remember. In the staff report Mr. Hawkins-Clark went through a number of documents related to this variance application and I'm just going to hit a few of those. One of them was the Unified Development Code and the purpose statement that the -- it is to limit access points to state highways in order to maintain traffic flow and provide better circulation and safety within the community and for the traveling public. And, then, more specifically that access points would be only allowed at the section line road and the half mile mark between section line roads and that these half mile connecting streets would be collector roads. There is an existing development agreement that was done when Blue Marlin was approved, now Center Point Marketplace, and there are a few specific paragraphs on that that are worthy of noting. Paragraph 4.1 does cite the Comprehensive Plan policies that pertain to the mixed use regional designation and those policies strongly discourage direct access to Eagle Road and/or other arterials in Meridian. Then, paragraph 5.A.3 states that any future plan shall show a continuous public or private road system that goes from Ustick Road north and may connect to the north boundary and may also connect to Eagle Road if allowed by lTD. And the applicant has brought this up as signifying that the access point was approved. Staff does want to point out that this does say may. We do concur that this opens the door for a potential access, but it is not a given. It does say may and staff still believes that ITD's recent approval of the three access permits is in potential conflict with this one and the following one where it talks about a single access point or seems to imply a single access point. And that second item is paragraph 5.F.2, which was ITD's conditions and those ITD conditions stated that access to principal arterial type four will be intersections only, spaced at one half mile intervals in urban areas. Approaches other than intersections may be permitted in special cases on a temporary basis as follows -- and they would be allowed until the state highway is improved by construction projects, at which time an access will be provided to the property, which may not directly access the state highway system, but maybe be a frontage road or back-age road and that's the collector road that we were talking about before. And, then, temporary accessory restrictions will be noted on the permit. So, they did imply that it would be -- or that the latest -- the letter stated that they would be temporary access. The other document I wanted to go over was the Eagle Road arterial study. This was endorsed by the City Council and ACHD commission. The study does include the following recommendations. One would be that the paragraph 3.11 was the center median will Meridian City Council November 1, 2005 Page 14 of 33 be continued is over the length of the corner -- corridor. Breaks in the median will be provided at appropriate quarter mile spacing, but final determination of location of the median breaks should be flexible enough to accommodate reasonable access to existing development on parcels. The point there is the quarter mile spacing on that issue. And, then, paragraph 3.2.6, the existing circulation network within and between existing developed parcels should be reconfigured to reduce the number of access points to Eagle Road and to allow more local trips to be made without the need for travel on Eagle Road. This concept should be incorporated in the municipal planning and zoning policies. And this is, again, why we were asking for the back-age road and it's really our hope that there is connection to Wainwright. We fear that if there is too many access points allowed directly to Eagle Road, that we will never get the connection to Wainwright, which is the half mile road, which would be the preferred location for that traffic to get out onto Eagle Road. The last thing I wanted to talk about was the ITO open permits on State Highway 55 and, you know, I have spent -- obviously, spent more time on this than I usually do on a staff report, but part of that is there are a lot of applications coming down the pike that I think it's important that the City Council, once a precedent is -- even though variances aren't supposed to set a precedent, obviously, there is a number of developers looking at what happens tonight to see what they will be able to get on their property and I wanted to point some of those out for you. The ones that are shown in yellow triangles are ones that have been granted by ITO, so that the ones you see tonight are shown in yellow, even though ITO has granted them, that's the question before the city tonight. These are all open applications and, then, these are, again, granted or existing permits. And, then, this purple one is not an active application. That's the Kleiner property. In discussions with the realtor for that, he's started talking with ITO, he has not filed a permit at this time, but it's a very likely location. And this is just the mile and a half between Fairview and Wainwright. So, you begin to see the number of access requests and already approved access points along there. Okay. The next thing I wanted to talk about was the actual memorandum from ITD regarding Center Point Marketplace and although they granted the permit, there is some interesting language in there. It talks about state highways that -- that a key element -- they are a key element in preserving a roadway's mobility function and managing access to a facility and they are supposed to provide a high degree of mobility and serve longer trips and since movement, not access, is their principal function, access management is an essential tool to preserve capacity and safety. And, then, new access points, whether signalized or not signalized, reduce capacity, increases crashes, increases motorist delay and reduced speed. The facility becomes congested with numerous conflicts and crashes, lowers the level of service, increases cost for motorists, and creates more demand for capital improvements. Finally, we get to the various findings, which is what is really before you tonight. There are three findings. The first is that variance shall not grant a right or special privilege that is not otherwise allowed in the district. Staff feels that if City Council grants the three access points to Eagle Road, it would grant a right that is currently prohibited for all new development adjacent to state highways. The Olsen property to the north -- the staff report findings point out some cross-access opportunities going up to the north and that there is, really, only one missing connection to Wainwright at this time. The second finding for the variance.. is that the variance relieves an undue hardship because of Meridian City Council November 1, 2005 Page 15 of 33 characteristics of the site. There is no physical characteristic on this site which demands access points be constructed to Eagle Road. It does have 1,200 feet of unobstructed access to Ustick Road. And the third variance finding is that it shall not be detrimental to the public health, safety, and welfare. It's pretty clear from the ITD letter and from other letters that the more access points you allow on the state highway, the more potential there is for accidents there. Now, the staff report also notes there are a considerable number of accidents or crashes within the city that occur along Eagle Road corridor. And the staff report did point out that they recommended that Meridian fire and police departments provide further testimony on the issue. I'm not sure if Brad actually talked to them about that or if they are prepared to do that tonight, but that was raised in the staff report. So, with that I will end my presentation. Wardle: Thank you, Anna. For clarification, staff report indicates Findings for denial of this application. Were the Council to consider a motion for approval, they would need to send Findings back to revision; is that correct? Canning: Yes, sir. Wardle: I'm going to ask real quickly if the chief has any additional comment, seeing how he was mentioned in the original staff report. Chief Musser. Musser: President Wardle, excuse me, Members of the Council, I would -- excuse me tonight. I would have to concur with Planning's recommendation to this point. To open up additional accesses along this arterial at this point just begs for the increase in collisions to occur. As we have collisions occur it does back up the traffic, it creates more of a havoc for the motoring public, especially at three distinct times of day, the morning, the afternoon, and, then, the early evening. Additionally, I guess from lessons learned, we can look to Boise City and the access that they had with certain residential areas up on the northern end of Eagle Road as it approaches Chinden, which did force a traffic light due to a single fatality that brought up a lot of concern and I guess the questions, ultimately, I would pose is the same that you have to respond to the public with is how many lives does it take for us to learn a lesson to be able to move forward with the potential for cross-traffic and accesses on multi-lane roadways like this, especially where the speeds exceed 35 miles per hour. In this case they are still at 50. So, my recommendation from the police department would be to limit the accesses as much as possible and follow the recommendations at this point. Thank you. Wardle: Thank you, chief. Would the applicant, please, come forward? And, Mr. Seel, if you will, please, state your name and address for the record. Seel: Certainly. Good evening. Jonathan Seel with W.H. Moore Company, 1940 Bonito, Meridian. Is this on Powerpoint, Anna? I was told -- Canning: Yes, sir, it is. Seel: Could you -- Meridian City Council November 1, 2005 Page 16 of33 Canning: There is it. North is right headed, so that north is heading toward the right of the room. Seel: To give you a very quick bearing, this would be Eagle Road and there is Ustick. This is the northwest corner. I think Anna has probably addressed most of the things from the staff report. As she mentioned, what we are asking for today is a variance that would allow for the three access points. This is right-in, right-out only. This is a full access. It lines up with Bald Cyprus. You can see over here at the Lowe's where they line up with their driveways across the road. And this is a right-in, right-out only also. I'd like to first give you a little bit of history on this project. Back in the fall of last year we were approached by Kohl's Department Store, as well as we had interest from other retailers with respect to this project at the northwest corner, which we refer to as Center Point Marketplace. At that time, based on some of their criteria, with what they were looking for -- we met with ITD starting in December of '04 and at that point we started discussing access points. The feedback from them was -- I'll call it encouraging. They didn't say yes, but they didn't say no. We had numerous meetings with them afterwards. In fact, we had one meeting with lTD. We had one meeting with the City of Meridian, which included the Mayor, Council Members. Anna was there. And also ACHD senior people. During the course of this last year ITD asked us to do a traffic study, which Stanley Consultants, Gary Funkhouser, did. During that study he -- ITD asked for what amounted to about 19 different versions to look at for this whole area to take into account. I, obviously, don't expect you to read this, but this is the traffic study that was completed. We submitted this to ITD in September of this year. They sent us a letter which stated that they had approved the three access points and I believe you have a copy of that letter. It was submitted today. The part that, I guess, that I'm -- I'm bringing that up is because I think as Councilman Rountree -- I know he's recused himself, but I think he can certainly attest -- getting access points in Eagle Road is -- takes a little bit of work. We have spent the last year doing this. During this time ITD has spent a great deal of time and we spent a great deal of time and money substantiating to them that -- that we feel that there is a -- I guess you would say safety -- that it's safe in order to put these three access points in and they agreed with us on this. This is not based on just some preliminary information. It's certainly not based on flying blind. We have spent probably six or eight or ten meetings with them over the course of the last year. It's taken literally almost a year to get to this point. So, r bring this up, because I feel that if ITD feels that it's safe to put these access points here, then, that should give, r would believe, the City of Meridian some comfort in this process. The other thing that I wanted to pass out here -- and I think this will address a little bit of Anna's concerns. Okay. If you look at this map, you will see over there -- you will see a future back-age road. You will see an area around it that's, I guess -- I don't know what you call that. Purple. That's our property. Again, you will see Lowe's across the street. We met with ACHD. We had a tech review last Friday. At the tech review we have agreed -- and as we agreed in the development agreement -- that we would construct a back-age road -- and it's shown here on this, but it does continue right here. Now, keep in mind, this is a preliminary location. This may alter east or west somewhat, depending on the thing, but as you will notice on your site plans, where it goes to our Meridian City Council November 1, 2005 Page 17 of 33 north property line, that's where ACHD wants it to tie in and you will see where it ultimately comes up to Wainwright. We are prepared to put this in. This will be a public road. It will be 40 feet back from back of curb to back of curb, plus sidewalk, plus ten feet of landscaping on either side of it. That crosses that, but the land and the improvements will be well over a million dollars when it's complete. But we have agreed with ACHD -- and Gary Inselman is here, he could certainly attest to that -- that we will be putting this in as we develop this thing. Right now from our point to Wainwright, there is a small section up here that I'll call a cul-de-sac -- the balance of that land has not been purchased and as far as timing goes, it's unclear. But, again, once that's put in we will connect to it. So, hopefully, that addresses staff's concerns that we are not trying to avoid a back-age road. The other thing I might bring out -- and I think, hopefully, everybody's been able to test it out -- last Friday we opened up Ustick, both east and west of Eagle Road. This is seven lanes at this intersection going down to five lanes and, then, tapering down. Between Winston Moore and Dave Turnbull, they spent over a million eight hundred thousand dollars on that and we opened up last Friday. Obviously, we will get that money back through impact fees, but we don't know when. But the point that I bring up for both these things is that I think Mr. Moore is willing to do the things to I think enhance traffic or travel off side the Eagle Road corridor where we can do that. So, we are trying to make that possible. Another thing that I think I would like to bring up at least at this point is that when we had a meeting last week with -- or last month with the Mayor, with Anna, with Bill Nary, Mr. Nary made a comment at that point about how we could get -- I guess, basically, how we could -- I'm struggling for the word. Mr. Nary, you can help me out here, but as far as the variance - - in other words, essentially, we had submitted this concept plan well in advance of the new Unified Development Code and I talked to Mr. Nary today, so everyone understands that I'm not blindsiding him, and ask him if he could articulate that tonight, what he said in front of the Mayor, in front of Anna, and everyone else at that meeting. So, if you would, Mr. Nary. Nary: Mr. President, Members of the Council, do you want me to do that now or do you want to have him finish his presentation or-- Seel: I'd like you to do it now. Nary: It's up to you. Wardle: Council? Bird: Don't matter to me one way or the other. Whatever the applicant wants, as far as I'm concerned. Wardle: Mr. Nary, Go ahead. Nary: Mr. President, Members of the Council, we had a meeting with Mr. Seal, Mr. Moore, planning staff, the Clerk, the Mayor. Certainly, if the Council wants to consider on that particular point, that is one of the applicant's arguments as to why they should Meridian City Council November 1,2005 Page 18 of33 have this variance, is that at the time this project was considered or the land was annexed into the city, there was discussion -- but I think Mr. Hawkins-Clark also mentions that in the staff report, that there was some language in the development agreement that tends to support their point that there was consideration about access to Eagle Road and how that access might be accomplished, but nothing more specific than that. So, they don't have a grandfather right, necessarily, because they didn't have specific access or a specific layout or a specific design in mind at the time it was annexed, but it certainly was considered by this Council at the time of annexation that they would be requesting something of this nature at the time. So, you can certainly -- if that's a distinguishing point to you in relation to other future projects, then, one of the considerations you have to make in the variance is whether or not this is granting some special right and, as the staff report indicates and Mrs. Canning's staff report indicated, obviously, there is a concern about the other properties, along with this property, that are in the adjacent areas that would be seeking access to Eagle Road as well. If that point is distinguishing to you why this project might be different, it might be under your consideration to grant this variance, that's certainly your way to do that if you wish. Is there any other question about that particular point? Seel: Okay. Thank you. Continuing on. Another thing that I think was brought up in the staff report and it's probably not terribly clear, but, again, if you look here, you will see what ITD plans as far as Eagle Road. These kind of colored lines along here, the median strips, are what they intend to do. Within our project, within '08 or '09, they plan to do median strips along this area. So, ultimately, in either '08 or '09 this will be, potentially, a left-in only. So, again, I think that, hopefully, addresses some of the concerns of the long term. They talked about in the staff about permanent versus temporary. I guess I would say that this is probably a temporary full access point at this point, so -- and, then, finally, I just -- for I guess what it's worth, you know, we have a letter here from the Mayor back on August 15th and I believe you have a copy of this. It mentioned it in the staff report. That's my only copy. I'll give it to you. But on page two you will note in there that it will say in there that -- to paraphrase, that if ITD approves this project and the access points that she -- that the Mayor will support it. So, again, we have had some indications along the way that we believe that we will be supportive and this was mentioned in the staff report. Don't believe the letter itself was actually attached, but it was put in there. I guess in closing I was going to talk a little bit about Kohl's, but I know Cheryl Brown is, so I won't steal her thunder, but I guess I would just simply say that we -- we would strongly encourage the Council -- I understand what you're faced with today I but I would strongly encourage your Council -- and I hope we have provided some mitigating circumstances to approve this. Without this project, even though I guess that's not a technical concern for you, the Kohl's project will go away and with it everything else that we have been working on. So, with that I would be glad to answer any questions that you might have. Wardle: Thank you. Bird: Mr. President? Meridian City Council November 1, 2005 Page 19 of 33 Wardle: Mr. Bird. Bird: Jonathan, tell me -- now, the one is a right-in, right-out? The first one off of -- first north of -- that one. Seel: This is a right-in, right-out. Bird: What's the next one? What's the next one? Seel: This is a full access. This lines up with Bald Cyprus, which is the street-- Bird: It's full access? Seel: Full access. And, then, this is a right-in, right-out. And this is the Olsen property that we talked about as far as access. I'm not sure how we would get access over here. Like I say, ACHD's intention is to have access here from a back-age road. This back- age road will, basically, go like that. Bird: Well, I'm not sure Olsen is in our city anyway. Seel: He's in Boise. Bird: He's in Boise. Seel: Yes. Bird: So -- but, of course, we judge on them, too, now. Okay. You answered my question. Thank you. Wardle: Council, additional questions? Thank you. See]: Okay. Thank you very much. Wardle: [have one person signed up to testify on this application. Ed Bollinger. If I'm pronouncing that correctly. Ed has left the building. He was signed up neutral. Is there anyone else that would wish to testify on this application? Brown: Cheryl Brown. Members of the Council, as the city's independent-- Wardle: Mrs. Brown, if you could state your address for the record, please. Brown: Would you want my home address or do you want -- Bird: Your place of work. Wardle: Place of work isfine. Meridian City Council November 1 , 2005 Page 20 of 33 Brown: 33 East Idaho Avenue. Wardle: Thank you. Brown: City Hall. Members of the Council, as the city's independent economic development contractor, I'd like to state the positive, the Kohl's does have -- and will add to the economy in Meridian. They are going to bring an estimated 100,000 dollars in property tax revenue to Meridian, just Kohl's alone. They are going to add 150 new jobs to this area. Currently, there is not a Kohl's in Idaho. By having this store in Meridian, it will add to the variety of choices that we can offer to our citizens. Major retailers are currently looking to locate next to Kohl's. With Kohl's being the anchor tenant, this will draw new businesses that will offer a wider variety and more opportunities to Meridian. I believe I can target the higher end retailers to this area if Kohl's is anchored here. W.H. Moore projects are up scale and they have all the right ingredients that these high end companies are looking for. This project is going to impact our city by adding revenue, job creations, and offering our city an opportunity that no one in the state currently has. Kohl's is a very active corporation that contributes to kids and provides youth programs. Last year they put 20 million dollars back into the community across the country and J feel they will be a very active part of our city for our City of Meridian. Kohl's, being only eight acres of a 58 acre parcel, this will generate a significant amount of additional jobs, revenue, services, and amenities for the City of Meridian. Do you have any questions for me that I can answer for Kohl's, on behalf of Kohl's, on behalf of the economy for Meridian? Wardle: Council, any questions for Mrs. Brown? Bird: I have none. Brown: Thank you. Wardle: Thank you. Is there anyone else? Moore: My name is Winston Moore. I reside at 11665 Thomas Drive in Boise. Members of the Council, I'm not here tonight to hang my hat on Kohl's. Kohl's would be a tremendous asset to the community, but I don't -- to me, that's not the crux of the matter tonight. The staff has given you every reason in the world and then some, as I read that report, to refuse and deny our request tonight. I think if the decision is made purely on technical, legal, staff data, I don't think I have a prayer of your granting the request. I'd like to approach it from a different angle. This is -- this is a very very significant and substantial matter, when you preclude access from a major highway and something in my mind, having been in business for 55 years, something of that significance should not be retroactive. You put us in a position where for four years we have been encouraged by, essentially, everyone in city government to proceed with this project, going clear back to Mayor Corrie and we have had numerous numerous hearings and meetings and all kinds of accolades and congratulations and at no time, to Meridian City Council November 1, 2005 Page 21 of 33 my knowledge -- I'm not as close to this as Jonathan is, but at no time to my knowledge has anyone said to us -- until I found out on the 12th of September -- that, by the way, all those marketing materials you have had based on your approvals and meetings over the years, are no longer valid, because all those accesses are going to be taken away. You can't respectfully -- I'm not -- please, everything I say I mean with great respect. You cannot put a businessman -- a business person in that position, where you, essentially, cause him to go to the marketplace with some very strong national retailers and restaurants and others who are not here, and make commitments and -- about access and traffic and so on, and, then, pull the carpet out from under him. When the retailers look at an area, they are interested primarily in two things. I mean a lot beyond that, but they like to talk about roof tops, which are aerial photographs showing the residences within a mile and three miles and five miles and access. Access is one of the first things on their mind. And so we, obviously, address that in order to make progress, which we have done here. This is -- I feel I have been blind-sided on this. This is -- the first I heard of it was on the 12th of September and one of our engineering firms sent me a memo that reads as follows: This is a copy of a statement that one of my other clients sent me. I met with the Meridian city planning department today. Anna Borchers-Canning, the planning director, wanted to make sure we knew that the Meridian City Council has decided to take a very strong stand regarding access onto Eagle Road. That is the way it should be done. In my opinion, when a new project comes -- if we.. were coming to you today with a new project, you know, we wouldn't be having this meeting. Over the years we have been aware of all the conditions, all the zoning, all the ordinances and so on. We live with those. We analyze it to see if we can make a project work. If we can we proceed. If we cannot, obviously, we don't. Anna did exactly the right thing there. Somebody came in with a new development and she warned them. She said, you know, you just -- beware you're not going to have any access or limited access, whatever it is. As a result of that e-mail that I had, I contacted the Mayor and she was kind enough to reply bye-mail and she says, Winston, this should not affect the project that you have been working on, as it began the process before this was adopted, nor is your project affected by the Council's endorsement of the results of the Idaho 55 Eagle Road Arterial Study workshop and recommendation that the Idaho Transportation Department implement their recommendations of the final report. And she goes on to say: The city will support the results of the committee's review and the results of the committee's review is the letter that I believe you have a copy of where ITD grants us the three access points. I contacted one or more of the City Council people to just see, really -- to validate what was happening. This says: Winston, what we passed won't affect your project. It has already been approved. We have left these decisions up to the ITD people. Wardle: Mr. Moore, if I could have you just, please, summarize your statements. Moore: You want me to finish? Wardle: Please. Meridian City Council November 1, 2005 Page 22 of 33 Moore: Again, I think what you have before you is almost a matter of right and wrong, of ethics and scruples and fairness and how you treat the business community when they come before you. I think this is a special circumstance. Certainly not because it's myself, but because this has been going on for a long time, it's not a new project, and I don't feel that it's fair at all to make it retroactive to this project. Questions? Wardle: Thank you, Mr. Moore. Questions, Council? Bird: I have none. Donnell: No. Wardle: Thank you very much. This is a Public Hearing. Is there anyone else that would wish to testify on this application? Mr. Seel, short rebuttal, if you would like. Seel: Jonathan See!. I really have nothing to add, other than I think it just underscores the point that, hopefully, that Council understands that this process was started well in advance and I think it would give you, hopefully, the opportunity to view this different than the ones that are coming in, in the future, which I can appreciate the dilemma here, so with that, unless there is any questions, I will sit down. Wardle: Thank you. Seel: Thank you. Bird: Mr. President? Wardle: Mr. Bird. Bird: While we are still in Public Hearing I will make a couple little statements. Wardle: Okay. Bird: First of all, we are not granting anything new along Eagle Road. The frontage road is a great idea, which we looked at about eight or nine years ago, and it wasn't adopted. ITD is the ones that run that road and I have to go off of theirs. I believe if you look at the Ada County Sheriff's Department, I think most of the wrecks are between Franklin and -- well, the freeway and Fairview Avenue, where we have got about every eighth mile an on and off and they are not right-ins, right-outs, they are both. This project has been in the works a long time before we did this. I have had the privilege and I think Mrs. Canning and everybody else has sat in on projects with ITD and ACHD regarding different projects and one of them being this and never was mentioned that who was doing it. I realize that we adopted the corridor thing, but it was also, like the UDC that we adopted, it was to come afterwards. It did not hinder previous projects or projects in the works. So, while I don't like a lot of in and outs, I also want to see a lot of nice business come and I believe that's what it takes. I believe lTD knows what they Meridian City Council November 1, 2005 Page 23 of 33 are doing on the state highways, much more than I do. So, I have got to support this and will support it Wardle: Thank you, Mr. Bird. Any further comments, Council? No? Okay. Hearing no further testimony, I would entertain a motion to close the Public Hearing. Bird: Mr. President? Wardle: Mr. Bird. Bird: j move we close the Public Hearing on VAR 05-021. Donnell: Second. Wardle: It's been moved and seconded to close the Public Hearing on Item No.5. All in favor? MOTION CARRIED: THREE AYES. ONE ABSTAIN. Wardle: Council, just to reiterate, the Findings we have in front of us are for denial of this application. If the Council would choose to move something other than denial, an approval, we would need new Findings to come back from the staff. Bird: Mr. President? Wardle: Mr. Bird. Bird: I would move that we approve V AR 05-021 and to bring back next week new Findings of Facts and Conclusions of Law showing this in a favorable position. Donnell: Second. Wardle: It's been moved and seconded. For clarification, Mr. Bird, staff is asking for two weeks for the Findings. Bird: That's okay on the Findings. Wardle: Does the second agree? Donnell: Agreed. Bird: Yeah. That will be fine. Wardle: It has been moved and seconded to approve Item 15, V AR 05-021, and to bring back Findings in the affirmative. Point of clarification and discussion, Mr. Bird. Meridian City Council November 1 , 2005 Page 24 of 33 You did mention in your testimony that you were working off an approval from lTD. Are you wishing that -- Bird: That would be part of the Findings that become public testimony. And their findings was -- was allowing that. Now, what the right-in, right-out, whatever, that's between them and the developer. It has nothing to do with us. Wardle: Okay. Mr. Nary, did you have a question? Nary: Mr. President, Members of the Council, you know how sticky I am about these variances. Just to make sure that we are covered, if you could articulate your reasons for that -- I think what I heard Mr. Bird say was this project, because it was previously annexed into the city, is that your reason for why the variance is appropriate for this and so that it's not necessarily every property along Eagle Road, because this was previously annexed and that was part of the development agreement -- Bird: I think I stated in my motion -- or in my statement while we were still in public testimony that this project had been before the other stuff was adopted -- had been brought before it. To my knowledge no other project was brought through. To my knowledge Kleiners hadn't come through, Smith-Hawkins, just to throw the -- Olsens or them out, have not come through, so, no, they are not included. We will look at them on an individual basis. Nary: And the only reason I asked for clarification, Mr. Bird, Sadie Creek to the south on Eagle and Ustick was annexed into the city, doesn't have a project before you currently and that's the one I guess I'm concerned with. If that's your reasoning, that's fine. We just want to make sure that it's clear. Bird: That's is my reasoning. Nary: Oh, there is an application. Bird: To my knowledge I have not seen anything on Sadie Creek. Wardle: And thank you, Mr. Nary. If I can just clarify the motion further. As I understood it from Mr. Bird, that the variance be approved based on prior commitment through an annexation and conditional use and to incorporate the comments from the Idaho Transportation Department in a letter dated -- Bird: September 20th, I think it is. Wardle: September 29th, 2005. Is that how the second -- Donnell: Yes. Wardle: Okay. Thank you very much. Mr. Berg, will you, please, call roll. Meridian City Council November 1, 2005 Page 25 of 33 Roll-Call: Bird, yea; Rountree, abstain; Wardle, yea; Donnell, yea. MOTION CARRIED: THREE AYES. ONE ABSTAIN. Item 14: Public Hearing: PP 05~044 Request for Preliminary Plat approval of 60 single-family residential building lots and 4 common area lots on 23.9 acres in a R-4 zone for Bridaetower Crossinq Subdivision No. 14 by Primeland Development, LLP - north of West Ustick Road and west of North Linder Road: Wardle: Thank you. Is the applicant present for Item 14? Bird: Mr. President? Wardle: Mr. Bird. Bird: Anna, with -- Becky's usually pretty clean. I mean is there any problems that -- the reason she wanted to be here or something? Or had to be here? Or did we have any -- did you have any problems? Canning: No, sir. Actually, it was one of the cleanest applications -- well, I feel comfortable going forward. Bird: Let's go. Canning: It's up to Council. Bird: I'm for going, if the rest of the Council -- Mr. President, if you are, I am. Rountree: I'm okay. If there is any questions I guess we can hold it. But if it's -- Canning: That would be my only concern. Rountree: If it's straight forward, we can act on it. Canning: Or if there is public testimony in opposition, I would certainly think that you would need to continue it. Okay. Just give me just a second. Wardle: Council, while Anna's doing that, I will open Item 14, PP 05-044, preliminary plat for Bridgetower Crossing Subdivision No. 14 and begin by taking staff comments. Canning: Mr. President, Members of the Council, thank you. I just lost my notes. This is Bridgetower Crossing No. 14, as you said. It's north of Ustick and west of Linder. The area is highlighted in the circle there. It's within the -- about the center of the Bridgetower development. They are proposing 60 single-family residences and four Meridian City Council November 1, 2005 Page 26 of 33 common lots on 23.9 acres in an R-4 zone. The subject property was originally part of Bridgetower Crossing, which received annexation and planned development approval in 2002. There were a total of 692 single-family lots, 59 townhome lots, 17 office lots, ten commercial lots, and 58 common lots on 370 acres. So, it's, obviously, a larger project. The property received additional preliminary plat approval in 2003 as Bridgetower Crossing East and that was -- had 439 single family lots and 50 common lots on 209 acres. This area was originally approved for very large single-family lots in this kind of urban setting. The applicant has submitted a new preliminary plat that adds 11 additional lots, but these are still relatively large lots, generally exceeding 11,000 square feet in size. The gross residential density is 2.51 units per acre. And the Planning and Zoning Commission did recommend approval at their October 6th hearing. The key issue of discussion was amount of open space proposed in the subdivision and we had this -- this issue -- and this was originally part of a larger planned development where the open space was provided elsewhere, but this application, because it came in on its own, had to kind of stand on its own. The open space that's provided is an existing cemetery, surrounded by sand bottom storm water detention basin, so there was a question as to whether that should apply toward the open space. But, again, this was originally approved as part of a larger project. To our knowledge, there are no outstanding issues, except for the amount of open space, with regard to this project. And I will take any questions you might have. Wardle: Thank you, Anna. Questions for staff, Council? Donnell: Mr. President? Wardle: Mrs. Donnell. Donnell: So, Anna, without the cemetery being included in that open space requirement, do they not meet the requirement? Canning: As you look at your staff report, the original condition that was proposed to the Planning and Zoning Commission that the applicant bring it up to five percent is struck out. So, I think that the Planning and Zoning Commission made the interpretation that the plat did meet the five percent with the cemetery lot and with the ties to the other planned development, which exceeded the five percent open space. Donnell: Sure. Thank you. Wardle: Thank you. Further questions for staff? Donnell: No. Wardle: Okay. Is there anyone that would like to testify on this application? Council, we don't have an applicant present at this point. Staff has made their presentation. There is no additional public comment. Meridian City Council November 1, 2005 Page 27 of 33 Canning: Mr. President? Wardle: Anna. Canning: Mr. President, Members of the Council, if I might make a suggestion. If you were to approve it, but not approve the Findings tonight, you do have Findings. If you were to wait a week to approve the Findings, that would give the applicant the opportunity to request reconsideration of the Findings if she had a concern about one of the Findings. Donnell: Okay. Canning: I think would work. Rountree: Or just hold it up for a week. Bird: Or we could just hold the public hearing open for a week, can't we, Anna? Which would you prefer? Rountree: Same difference. Canning: It's the same difference, so you might as well do that, then, she doesn't have to request reconsideration. Bird: With that, Mr. President, I would move we continue the Public Hearing for PP 05- 044 to November 9th, 2005. Rountree: Second. Wardle: It's been moved and seconded to continue Item No. 14 to November 9th, which is Wednesday. All those in favor? MOTION CARRIED: ALL AYES. Canning; Should I direct the applicant -- I'm sorry. Mr. President, Members of the Council, should I direct the applicant that that's only for the purpose of them objecting to modifying conditions of approval? Donnell: Uh-huh. Bird: Yeah. Wardle: Yes, please. Canning: Okay. Meridian City Council November 1,2005 Page 28 of 33 Item 16: Ordinance No, 05~1198 Request for Annexation and Zoning of .56 acres from R6 to L-O zone for West Carol Street Professional Center by James and Carrie Jewett - 1560 Carol Street Wardle: Item No. 16 is Ordinance No. 05-1198. Mr. Clerk, will you, please, read this ordinance by title only. Berg: Thank you, Mr. Present, Members of the Council. An Ordinance for annexation of property located in part of Lot B, Block 4, of Doris Subdivision, located in the northeast quarter of Section 6, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, as described in Attachment A and annexing certain lands and territory situated in Ada County, Idaho, and adjacent and contiguous to the corporate city limits of the City of Meridian as requested by the City of Meridian, establishing and determining the land use zoning classification of said lands from R-6, Ada County, L-O, Limited Office District, in the Meridian City Code, providing that copies of this ordinance shall be filed with the Ada County assessor, the Ada County recorder, and the Idaho State Tax Commission as required by law and providing for a summary of the ordinance and providing for a waiver of the reading of the rules and providing an effective date. Wardle: Thank you, Mr. Clerk. You have heard this ordinance read by title only. Is there anyone that would wish to hear it read in its entirety? Seeing none, Council? Donnell: Mr. President? Wardle: Mrs. Donnell. Donnell: I'd like to make a motion that we approve Ordinance No. 05-119B, AZ 05-032 request for -- I'm sorry. What? Wardle: With suspension of rules. Donnell: With suspension of rules. Rountree: Second. Wardle: It's been moved and seconded to approve Item 16 with suspension of rules. Mr. Clerk, will you, please, call roll. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea. MOTION CARRIED: ALL AYES. Wardle: Thank you, Council. Bird: Mr. President? Meridian City Council November 1, 2005 Page 29 of 33 Wardle: Mr. Bird. Bird: Before we have an adjournment -- and maybe you're going into this, but we need to decide are we going to have a meeting between Christmas and New Years, the 27th? I think most years we have always cancelled on that. We need to let staff and other people know now. Wardle: Council, it would be my preference to have that Tuesday off. Bird: That would be my preference, too. Wardle: We have much work to do in the City of Meridian, but every now and again I think that, especially in the holidays, staff members schedule vacations around that time. So, that would be my preference, Council. Bird: Mine, too. Wardle: Unless I hear an objection, I would direct -- Rountree: So moved. Wardle: -- to -- thank you. Bird: Also, Mr. President, I have been asked to -- AspireOn needs to meet with us in mid December for about an hour and a half to two hours. Do you want to do that at a pre-council, come in at 5:00, like say on the 13th? Wardle: Mr. Bird, a question I have is what would be the nature of the meeting with AspireOn? Bird: Ask Mr. Clerk. He's the one that's bringing the message from the Mayor. I'm just -- Rountree: You're just a bearer of-- Bird: I just the bearer of good news. Berg: And don't shoot the messenger. Wardle: You're closest. Berg: Thank you. Mr. President, Members of the Council, I think the intention was to update you with what AspireOn is doing, and also to talk about the function of the City Council with the rest of the city staff and if Mr. Nary, who is more intertwined with the AspireOn work, he might have something else to add. Meridian City Council November 1, 2005 Page 30 of 33 Wardle: Mr. Nary. Nary: Mr. President, Members of the Council. Mr. Berg is correct. Part of the discussion, I think, is so that you, as the Council, can see the interaction that AspireOn has, but, really, it is to talk about the relationship of the Council with the staff and how the alignment of the city's strategic plan, the behavioral model that we adopted through you, the position accountability definitions that we have created for staff and directors and the Mayor and all the different departments of the city and how the Council's relationship is to all of those things, so that you, as the Council, can see the whole picture of that and see the role that Council plays in how those are accomplished. So, it is a real working workshop is what's intended, it's not just a report, it's really an interactive workshop discussion about those things, so -- Wardle: Thank you, Mr. Nary. Council, it sounds like a workshop discussion. Anybody have any objection to December 13th? Bird: I don't. That's something you can decide when you set the agenda, whenever you feel up to it. Rountree: A pre-council meeting, if you want to do it. Wardle: We will set that at a pre-council agenda for the 13th, Mr. Clerk, and invite any of those who mayor may not have been elected to a position for 2006. Bird: Yeah. The new ones can come. And he can buy lunch, too. Or, no, the president buys lunch, right? Wardle: That would be January. Supper. Rountree: Something other than pizza. Bird: Yeah. Goodwood would be fine. Also, Mr. President, we are having Comp Plan amendments and it seems like they are getting ran through without -- and it's probably just because I'm the slowest one around here. I would like -- I'd like these to be discussed in a pre-councilor something before we are -- they are shoved to us to change and I'd like to have a week or so to look at them. Sometimes if we hurry these, we are going to make a mistake. Wardle: Mr. Bird, if I may just comment on the Comprehensive Plan amendments. I believe the Planning and Zoning Commission considered four of those, have made -- is that correct, Mr. Nary? They have made recommendations. Staff asked for direction. My direction was that there are specific Comp Plan amendments which are coming forward with specific projects. My understanding of the statute is that the Planning and Zoning Commission can only hear and comment on Comp Plan amendments every six months. However, the City Council can take action and approve or deny those amendments whenever they choose. And so for the virtue of hearing all of those at the Meridian City Council November 1, 2005 Page 31 of 33 same time, I have asked staff to bring those forward with an active application. If you'd like to see something different, certainly, let me know. Bird: Well, I just -- Mr. President, excuse me, I just want to make sure that we have time to look it over and make sure that we are doing what's best for the community. And sometimes we get in a hurry and we don't do what's best, so -- Canning: Sir? Bird: And I'm as guilty as the next guy. Wardle: Anna. Canning: Two issues. One, I didn't understand what you meant about bringing them forward with an active application. Wardle: As the clerk's office and I and the city attorney's office talked in our agenda meeting, it appears that the two most pressing of these issues are also tied to specific land use applications; is that correct? Canning: Let me just back up a little bit and tell you about the four applications that are headed your way. One is a text amendment, which can come to you anytime. It's not a map amendment. So, they -- that doesn't have the same kind of restrictions placed upon it. One is the north Meridian area plan. That is a very large, very complex project, and I believe that Mr. Hawkins-Clark wanted to be able to have a workshop with you. Whether it needed to be a Public Hearing or not, we haven't really discussed, but I do believe he wanted to do a workshop style with you on that issue. The other two applications, the Planning and Zoning Commission made a rather unusual recommendation and that was to recommend approval, but they asked that the Council not hear those applications until the accompanying development applications came before you and I think that that's what you're referring to. So, if that's the Council's desire, then, those will just -- we can just put those on -- just table them to a date certain and, then, we will just re-notice at that time, because they do need to submit a complete new application. And I'm not completely sure that one of those applications will ever happen. So, we would hope to move on the north Meridian area plan and the downtown design guidelines, so -- Bird: Mr. President? Wardle: Mr. Bird. Bird: I would just lay it upon you and the clerk and Mr. Nary to bring it forward. All I ask is just give us time that we won't -- they won't hit us and, then, we vote on them at the same time and I think you three are very capable of doing that. Wardle: Thank you. And I -- Meridian City Council November 1, 2005 Page 32 of 33 Nary: Mr. President? Wardle: Mr. Nary. Nary: And just one more other -- a point of clarification from the process standpoint. As Mrs. Canning stated, two of those applications have that somewhat unusual recommendation, but you haven't approved that as your process you would like to follow. So, what we would recommend is that at a point you will have to probably make that decision formally on your agenda that that's your desire to wait until the project comes forward and, then, set that off and, then, notice it up properly. But, obviously, we didn't notice it up tonight, but you will have that decision to make, but, you're right, Mr. Bird, you won't have that in one hearing to have to, then, make a decision, you will have the opportunity to have that discussion and, as Mrs. Canning stated, Mr. Hawkins- Clark felt one of those needed a workshop to discuss up front before you got to that, so Bird: Okay. Before I make a motion to adjourn, I got one other thing. Okay. You got the Vandal victory, which is -- I think was great. I root for them when they don't play Boise State. But if you guys all will look in the Valley NewsTimes -- and I think it's next to the last page, we have a person, that on the 5th, is turning a big five 0, one of our employees. Donnell: Who might that be? Bird: Well, sitting down at the end of the table. Wardle: Happy Birthday, Mr. Berg. Bird: Charlie and Christine and I wish we were turning 50 this year. Berg: You want to see it again, uh? Rountree: One more time. Bird: One more time. Donnell: Then, again, Mr. President? Wardle: Mrs. Donnell. Donnell: We certainly want to encourage everyone to make sure that they vote in the city election on November the 8th. At the appropriate precincts, for those that are still in the audience and are of voting age. Meridian City Council November 1,2005 Page 33 of 33 Wardle: And, Mr. Berg, doesn't that mean that you usually age two years in an election year; is that correct? Berg: Seven. Wardle: So, next Tuesday is Election Day. Please do your civic duty and vote. And we will have our meeting on Wednesday, November 9th. With that, anything further, Council? Rountree: I move we adjourn. Donnell: Second. Wardle: It's been moved and seconded to adjourn. All in favor? MOTION CARRIED: ALL AYES. Wardle: Thank you very much. MEETING ADJOURNED AT 8:27 P.M. (TAPE ON FILE OF THESE PROCEEDINGS) I / II / tJ 6 DATE APPROV~ October 28, 2005 MERIDIAN CITY COUNCIL MEETING APPLICANT November 1, 2005 ITEM NO. 5-E REQUEST Findings of Fact for Charging Turn on Fee -- Pretermination Hearing for Ryan Wixson at 4343 East English AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY AITORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SEITLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: See attached Findings o~ fvrf Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meetings sharr become property of the City of Meridian. MAYOR Tammy de Weerd clfe;;dz"an t ~ IDAHO 11/ ~>q ~!' ~qm"1 19U3 CITY COUNCIL MEMBERS Keith Bird Christine Donnell Shaun Wardle Charles M. Rountree FINDINGS OF FACTS AND DECISION AND ORDER In the Matter of a request for a Pre~Termination Hearing pursuant to Meridian City Code 9-1 ~21 in regards to continuation of Water Service City Council Hearing Date of: October 25,2005 A. Findings of Fact 1. Hearing Facts a. Pursuant to Meridian City Code (MCC) 9-1-21 the water user, Ryan Wixson requested a pre-termination hearing on October 18, 2005. b. The matter was duly considered by the City Council at the October 25,2005 regularly scheduled meeting. c. The water user and the Billing Manager for the Municipal Utility Billings Service (MUBS) were given full opportunity to express comments and submit evidence. d. Written and oral testimony was received on this matter, as reflected in the records of the City Clerk (for written testimony) and in the official meeting minutes (for oral testimony). e. The City Council heard and took oral and written testimony and duly considered the evidence and the record in this matter. 2. Process Facts a. There has been compliance with all notice and hearing requirements set forth in Meridian City Code S 9-1-21 as evidenced by the record maintained by the City Clerk. B. Conclusions of Law 1. Pursuant to the requirements of the Idaho Code and Meridian City Code the City of Meridian operates and maintains the municipal water system within the City limits of the City of Meridian. laff-l lo-f 3 2. The Municipal Utility Billings Service (MUBS), pursuant to the Meridian City Code provides notice of delinquency and termination of service on a regular and systematic basis. 3. The water user in this instance was provided notice of monies owed and time in which the delinquency was required to be paid prior to the termination of service pursuant to the Meridian City Code. 4. The water user did make payment on October 18, 2005 to the City to make their outstanding billing for water service current. 5. The water user's payment was after the time that their notice required their payment to be made to avoid termination of their water service and the accompanying fee for the resumption of their service. 6. Due to the timely request for a pre-termination hearing the water service was not discontinued for non-payment. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code ~ 9-1-21 and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The water user shall pay the fee associated with resuming their water service. 2. Water service will not be discontinued on this billing cycle since the account is current. E. Notice of Final Action The Applicant is hereby notified that pursuant to Idaho Code ~ 67-5201 et.seq., the water user may appeal the decision of the City Council. By act:% of the City Council at its regular meeting held on the of ,A (?I/.el'n~ ,2005. Ie day COUNCIL MEMBER SHAUN WARDLE VOTED~ VOTED~ COUNCIL MEMBER CHRISTINE DONNELL ;~ Zof 3 COUNCIL MEMBER CHARLIE ROUNTREE VOTED~ COUNCIL MEMBER KEITH BIRD VOTED~ MAYOR TAMMY DEWEERD (TIE BREAKER) VOTED_ M8yO~~ S~~Mdte ,,';8 ;~l' JJJ hA /1_ . ,'\\~~<JT' 'tf;/;- Ct, 7 f.A?tenc;v{.,.- ;:~' a .~ '\. ~ , fJ /Lfjt J; tJ-f b October 28,2005 MERIDIAN CITY COUNCIL MEETING APPLICANT November 1, 2005 ITEM NO. 5~F REQUEST Amendment for On-call GIS Services with HDR Engineering, Inc. 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: MER I DIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: See attached ~~ Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meetings shall become property of the City of Meridian. City of Meridian Public Works Dept. Memo To: William Berg, Jr.; Tara Green From: Robin Jack, GIS Technician CC: Len Grady, P.E., City Engineer Date: 10/25/2005 Re: Proposed Agenda Item for November 1, 2005 City Council Meeting The Public Works Department respectfully requests the following item be placed on the November 1 City Council agenda, under Consent Agenda, for Council's consideration: Amendment for ON-Call GIS Services. HDR Engineering, Inc. has submitted a task order, scope of work, and budget for the engineering support services. They propose to complete the work for $10,000. This is an extension of the miscellaneous wastewater services agreement approved by City Council on the 18th of January, 2005 for the Engineering Services for Miscellaneous Wastewater Projects. This project provides engineering support services to the City of Meridian Public Works Department and Information Technology Staff related to GIS Activities. Recommended Council Action: The Public Works Department recommends that City Council approves the contract for the Amendment for ON-Call GIS Services with HDR EngineeringJ Inc, for $10,000 and authorize the Mayor to sign it. Thank you for your consideration. Please contact me if you have any questions regarding any of these items. . Page 1 ONE COMPAi''l Y I Many Solutio",- ID~ AMENDMENT 1 SCOPE OF SERVICES For Geographic Information System (GIS) On-Call Services For THE CITY OF MERIDIAN (Meridian Fiscal Year 2006) BACKGROUND The City of Meridian has made an investment in establishing a GIS available to City users over a local area network. The City Planning and Zoning Department has been using limited desktop GIS to support community planning activities and the Public Works Department has implemented a network GIS for support of water and wastewater master planning, to enhance responsiveness to information requests by the public, and to provide a common database of information from which others can access in the future. In late 2002, the City of Meridian contracted with HDR Engineering, Inc. (HDR) to perform a Geographic Information Systems Needs Assessment (Needs Assessment). The Needs Assessment helped the Publlc Works Department understand the many ways in which a GIS could be used to support current and future activities in the department. In 2004, the City amended the GIS Needs Assessment contract, called Needs Assessment Phase 2, to purchase hardware and software, install these items, and train staff on the use of GIS. In February 2005, the City contracted with HDR to provide a mechanism through which City of Meridian Public Works and Information Technology staff can access the technical expertise of HDR staff directly. HDR has been applying GIS technology since the early 1990's and continues to deliver on projects that have involved GIS technology in public works civil engineering and other disciplines. These projects have included the utilization of GIS to support water distribution system, wastewater collection system, and storm water conveyance system analysis and design, as well as assist in environmental analysis for water resources and transportation planning. The purpose of this amendment is to extend the scope of work of On-Call GIS Services through the City's fiscal year 2006, beginning October 2005 and continuing through September 2006, and provide programming services in September 2005. The purpose is to continue to provide a mechanism through which City of Meridian Publlc Works and Information Technology staff can access the technical expertise of HDR staff directly. SCOPE OF SERVICES Task 1: On-Call GIS Services Objective: The objective of this task is to provide technical support to the City of Meridian Public Works Department and Information Technology staff related to GIS activities. If additional support is requested during non- holiday working hours of 8:00 AM to 5:00 PM, HDR is available to respond on an on-call time and materials basis. Activities: · HDR will provide miscellaneous on-call support to answer questions from the City of Meridian Public Works Department staff regarding the operation and uses of GIS. City of Meridian HDR Engineering, Inc. -1- Grs On-Call Services Consulting Services Scope of Services 9/15/2005 ONE COMPANY I Many Sol,aiom- ID~ Assumptions: · Project management activities will be included in the labor rates billed by technical staff required during task activities. · On-Call GIS Services will be performed with either a written request for services via e-mail, fax, or letter from the City of Meridian project manager, or by telephone or personal conversation from the City of Meridian project manager. · Services will only be performed once confirmation of requested services has been sent from HDR staff to the City of Meridian project manager. · The schedule to perform services will be negotiated at the time services are requested. Deliverables: · Status report describing the services provided in each invoicing period. Task 2: Hydrant 10 Automation Tool Objective: Create a tool to automate the process of assigning the next available asset ID to new fire hydrant data points within the existing fire hydrant geodatabase. Activities: · The tool will be a button to be placed on the City's existing ArcMap applications. .. When the user runs the button, it will find the next available asset ID for the particular grid block that the new fire hydrant has been placed into. · The tool will then automatically assign that next ID to the new hydrant. · The tool will not keep track of historical asset lOs, it will always find the next "highest" 10 number to use. · Each time the tool is run, it will assign an asset 10 to all fire hydrant structures that had previously not been assigned an asset 10. · The tool will also populate a "date/time" field within the fire hydrant geodatabase documenting the time the tool assigned each fire hydrant an asset number. Assumptions: · HDR will be provided with the complete fire hydrant and grid datasets for use in testing the tool. · The tool will be run periodically by the user to name new assets. · The tool will not automatically run when new assets are placed into the dataset. · Since code will be provided for manipulation by the City, there can be no warranty associated with this tool. · All maintenance, upgrades and bug fixes after the acceptance of the tool will be billed under Task 1, On-Call GIS Services, or negotiated in a future contract. · This scope does not include data validation or clean up of fire hydrants that have already been named (i.e. finding duplicate IDs.) · The tool will be written in VBA for ArcMap 9.1. · The manual will be a simple "cheat sheet" style user manual that will be 1-2 pages and would have a step-by-step process for using the tool and would have a process flow diagram if necessary. . · The tool will not populate the date/time field for hydrants it did not number. Deliverables: · The source code for the tool · A brief user manual. · Up to 4 hours of training / general support. City of Meridian HDR Engineering, Inc. -2- GIS On-Cal! Services Consulting Services Scope of Services 9/15/2005 ( ONE COMPA1'iY!MllllJ Solutio"" ill,- Optional Tasks (not included in this scope of work): Application and Data Development The tasks described below focus on the many uses of GIS in the Public Works arena. Potential areas where a GIS database may be developed or where custom GIS applications could be created include: · ArclMS - Internet based GIS mapping provides an opportunity for public agencies to provide customer and rate payers ready access to information via the world wide web. The existing GIS system could easily be adapted to offer external read-only access to select GIS databases for customers to access remotely. The result would likely be a reduction in the amount of time that is required for Public Works employees to provide customers, developers, and consultants with requested information. · GASB 34 Asset Management - GASS 24 is a new governmental accounting standard that directly affects how state and local governments report assets. This may change how pavement management or other infrastructure assets are documented and reported. This project requires that the various utility networks be appropriately attributed and is dependent upon the completion of other outsourced projects. · Potable Water Quality Monitoring - The purpose of this task is to develop an application to isolate potable water system contamination and notify residents also includes updating the potable water system network. This data layer requires water network editing, including additions of new water lines, revision of the accuracy of existing water lines, or updating other network features (e.g., valves, manholes, connectors). The project also requires that the water network be assigned appropriate NETWORK route system functionality, so that the potable water contamination notification application can determine which valves seNe as "stops" around the location of a detected contamination point or break. HDR will assist the City in establishing requirements for the application, identifying appropriate software, and implementing that software, including any necessary customization. Because the Sanitary Sewer Overflow Reporting application requires the potable water network as an input, the potable water layer must be updated first, making this project a higher priority chronologically. The project is estimated to take 12 months to complete. · Sanitary Sewer Overflow Reporting - The purpose of this project is to develop an application that will comply with all the public and government notice requirements associated with a sanitary sewage spill. The project includes an update of the GIS database of the sanitary sewer network. This data layer requires sanitary sewer network editing, including additions of new sewer lines, revision of the accuracy of existing sewer lines, or updating other network features (e.g., valves, manholes, connectors). The budget estimate includes line items for writing the computer code necessary to perform the valve cutoff identification, identify affected parcels for notification, and generate an incident report. The Sanitary Sewer Overflow Reporting application requires both the potable water network and stormwater system network as inputs. The Ada County Highway District (ACHD) maintains the stormwater system network. This project must follow the updates to those layers. The project is estimated to take 12 months to complete. · Work Order Maps - This application calls for a method to generate work order maps for water and sewer system repair and replacement projects. To do this most effectively, the Public Works Department should retain a consultant to integrate the sanitary sewer and potable water system GIS networks into asset management software. This project is estimated to require 12 months to complete. · Utility Public Information Requests - This application would provide a means for Public Works Department staff to automate the process for answering questions from developers about the availability and location of fire hydrants and utility services. In particular, this application would compare the invert elevation of water and sewer lines and compare those to ground elevations for the area of interest to provide information on the depth to which those lines are buried. The application would also provide information on the location and flow of fire hydrants. Invert elevations would be acquired using a bike-GPS program or other means. This project could follow the completion of the utility networks, and would take about 4 months to complete. · Infrastructure Condition Rating - This project would require development of an infrastructure inventory database, and data entry of historical data on repair history. Since this is a new database, it would require attribute data entry for 100% of the City's road network, but assumes that ACHD's existing roadway centerline layer would be used with minimal updates beyond City of Meridian HDR Engineering, Inc. -3- GIS On-Call Services Consulting Services Scope of Services 9/15/2005 ( ONE COMPA"YIM'In)' S"lulio",- ill,- routine maintenance. Data for water and wastewater infrastructure would largely be produced from existing water distribution system and wastewater collection system hydraulfc models. This project is not dependent on any other, but could be implemented in the 2006 time frame due to its low priority. PERIODS OF SERVICE Task 1 Notice to Proceed - October 1, 2005 Contract Expiration - September 30, 2006 Task 2 Notice to Proceed - September 15, 2005 Contract Expira1ion - September 30,2005 COMPENSATION Task 1 The services performed under this contract will be billed on a time and materials basis at the rate schedule show below for a fee not to exceed $10,000 without prior written approval from the City of Meridian project manager. Task 2 Services for Task 2 will be $3,602.00 billed as a lump sum utilizing the remainder of the 2005 On~Call GIS Services budget. Rate Schedule The rates shown in this schedule include overhead and profit, as well as project management and cos1 control. Direct expenses, including travel, postage/packaging, telephone/fax, printing, and other expenses will be billed separately from 1he labor ra1es. Adjustments to labor rates will occur annually in January. Staff Member Rick Lovel Scott Martin * John Evans Ernesto Mejia Nicolas Fontaine Michael Flores Discioline GIS Analyst Information Systems Technician GIS Programmer GIS Programmer Assistant GIS Programmer/Engineer Quality Control Reviewer Labor Rate $86.00 $97.00 $130.00 $108.00 $81.00 $150.00 · Scott Martin's time will be limited to less than 8 hours per week. City of Meridian HDR Engineering, Inc. -4- GIS On-Call Services Consulting Services Scope of Services 9/15/2005 ( ONE COMPAI~Y' iMany Sol"tiom~ ID1. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first written above. "OWNER" BY: NAME: Tammy de Weerd TITLE: Mayor ADDRESS: 33 East Idaho Avenue Meridian, Idaho 83642-2300 HDR ENGINEERING, INC. "ENGINEER" BY: NAME: TITLE: Vice President ADDRESS: River Quarry at Parkcenter Blvd 412 E Parkcenter Blvd Suite 100 Boise, fD 83706-6659 City of Meridian HDR Engineering, Inc. -5- GIS On-Caff Services Consulting Services Scope of Services 9/15/2005 ( ONE COMl'Ah. I Many SOillfiow- lil,- AMENDMENT 1 SCOPE OF SERVICES For Geographic Information System (GIS) On-Call Services For THE CITY OF MERIDIAN (Meridian Fiscal Year 2006) BACKGROUND The City of Meridian has made an investment in establishing a GIS available to City users over a local area network. The City Planning and Zoning Department has been using limited desktop GIS to support community planning activities and the Public Works Department has implemented a network GIS for support of water and wastewater master planning, to enhance responsiveness to information requests by the public, and to provide a common database of information from which others can access in the future. In late 2002, the City of Meridian contracted with HDR Engineering, Inc. (HDR) to perform a Geographic Information Systems Needs Assessment (Needs Assessment). The Needs Assessment helped the Public Works Department understand the many ways in which a GIS could be used to support current and future activities in the department. In 2004, the City amended the GIS Needs Assessment contract, called Needs Assessment Phase 2, to purchase hardware and software, install these items, and train staff on the use of GIS. In February 2005, the City contracted with HDR to provide a mechanism through which City of Meridian Public Works and Information Technology staff can access the technical expertise of HDR staff directly. HDR has been applying GIS technology since the early 1990's and continues to deliver on projects that have involved GIS technology in public works civil engineering and other disciplines. These projects have included the utilization of GIS to support water distribution system, wastewater collection system, and storm water conveyance system analysis and design, as well as assist in environmental analysis for water resources and transportation planning. The purpose of this amendment is to extend the scope of work of On~Call GIS Services through the City's fiscal year 2006, beginning October 2005 and continuing through September 2006, and provide programming services in September 2005. The purpose is to continue to provide a mechanism through which City of Meridian Public Works and Information Technology staff can access the technical expertise of HDR staff directly. SCOPE OF SERVICES Task 1: On-Call GIS Services Objective: The objective of this task is to provide technical support to the City of Meridian Public Works Department and Information Technology staff related to GIS activities. If additional support is requested during non- holiday working hours of 8;00 AM to 5:00 PM, HDR is available to respond on an on-call time and materials basis. Activities: · HDR will provide miscellaneous on-call support to answer questions from the City of Meridian Public Works Department staff regarding the operation and uses of GIS. City of Meridian HDR Engineering, Inc. -1- GIS On-Cal! Services Consulting Services Scope of Services 9/15/2005 ONE COMPANy IA-I"".I' SOltUiOllF I-il~ Assumptions; · Project management activities will be included in the labor rates billed by technical staff required during task activities. · On-Call GIS Services will be performed with either a written request for seNices via e-mail, fax, or letter from the City of Meridian project manager, or by telephone or personal conversation from the City of Meridian project manager. · SeNlces will only be performed once confirmation of requested services has been sent from HOR staff to the City of Meridian project manager. · The schedule to perform services will be negotiated at the time services are requested. Deliverables: · Status report describing the seNices provided in each invoicing period. Task 2: Hydrant 10 Automation Tool Objective: Create a tool to automate the process of assigning the next available asset 10 to new fire hydrant data points within the existing fire hydrant geodatabase. Activities: · The tool will be a button to be placed on the City's existing ArcMap applications. · When the user runs the button, it will find the next available asset 10 for the particular grid block that the new fire hydrant has been placed into. · The tool will then automatically assign that next 10 to the new hydrant. · The tool will not keep track of historical asset IDs, it will always find the next "highest" 10 number to use. · Each time the tool is run, it will assign an asset 10 to all fire hydrant structures that had previously not been assigned an asset 10. · The tool will also populate a "date/time" field within the fire hydrant geodatabase documenting the time the tool assigned each fire hydrant an asset number. Assumptions: · HOR will be provided with the complete fire hydrant and grid datasets for use in testing the tool. It The tool will be run periodically by the user to name new assets. · The tool will not automatIcally run when new assets are placed into the dataset. · Since code will be provided for manipulation by the City, there can be no warranty associated with this tool. · All maintenance, upgrades and bug fixes after the acceptance of the tool will be billed under Task 1, On-Call GIS SeNices, or negotiated in a future contract. · This scope does not include data validation or clean up of fire hydrants that have already been named (i.e. finding duplicate IDs.) · The tool will be written in VBA for ArcMap 9.1. · The manual will be a simple "cheat sheet" style user manual that will be 1-2 pages and would have a step-by-step process for using the tool and would have a process flow diagram if necessary. · The tool will not populate the date/time field for hydrants it did not number. Deliverables: · The source code for the tool · A brIef user manual. · Up to 4 hours of training / general support_ City of Meridian HDR Engineering, Inc. -2- GIS On-Call Services Consulting Services Scope of Services 9/15/2005 ( ONE COMPAl-.. I lV/all)' Salrltia'I5H ill'" Optional Tasks (not included in this scope of work): Application and Data Development The tasks described below focus on the many uses of GIS in the Public Works arena. Potential areas where a GIS database may be developed or where custom GIS applications could be created include: · ArclMS - Internet based GIS mapping provides an opportunity for public agencies to provide customer and rate payers ready access to information via the world wide web. The existing GIS system could easily be adapted to offer external read~only access to select GIS databases for customers to access remotely. The result would likely be a reduction in the amount of time that is required for Public Works employees to provide customers, developers, and consultants with requested information. · GASB 34 Asset Management - GASS 24 is a new governmental accounting standard that directly affects how state and local governments report assets. This may change how pavement management or other infrastructure assets are documented and reported. This project requires that the various utility networks be appropriately attributed and is dependent upon the completion of other outsourced projects. · Potable Water Quality Monitoring - The purpose of this task is to develop an application to isolate potable water system contamination and notify residents also includes updating the potable water system network. This data layer requires water network editing, including additions of new water Hnes, revision of the accuracy of existing water lines, or updating other network features (e.g., valves, manholes, connectors). The project also requires that the water network be assigned appropriate NETWORK route system functionality, so that the potable water contamination notification application can determine which valves serve as "stops" around the Jocation of a detected contamination point or break. HDR will assist the City in establishing requirements for the application, identifying appropriate software, and implementing that software, including any necessary customization. Because the Sanitary Sewer Overflow Reporting application requires the potable water network as an input, the potable water layer must be updated first, making this project a higher priority chronologically. The project is estimated to take 12 months to complete. · Sanitary Sewer Overflow Reporting - The purpose of this project is to develop an application that will comply with all the publiC and government notice requirements associated with a sanitary sewage spill. The project includes an update of the GIS database of the sanitary sewer network. This data layer requires sanitary sewer network editing, including additions of new sewer lines, revision of the accuracy of existing sewer lines, or updating other network features (e.g., valves, manholes, connectors). The budget estimate includes Jine items for writing the computer code necessary to perform the valve cutoff identification, identify affected parcels for notification, and generate an incident report. The Sanitary Sewer Overflow Reporting application requires both the potable water network and stormwater system network as inputs. The Ada County Highway District (ACHD) maintains the stormwater system network. This project must follow the updates to those layers. The project is estimated to take 12 months to complete. · Work Order Maps - This application calls for a method to generate work order maps for water and sewer system repair and replacement projects. To do this most effectively, the Public Works Department should retain a consultant to integrate the sanitary sewer and potable water system GIS networks into asset management software. This project is estimated to require 12 months to complete. · Utility Public Information Requests - This application would provide a means for Public Works Department staff to automate the process for answering questions from developers about the availability and location of fire hydrants and utility services. In particular, this application would compare the invert elevation of water and sewer lines and compare those to ground elevations for the area of interest to provide information on the depth to which those lines are buried. The application would also provide information on the location and flow of fire hydrants. Invert elevations would be acquired using a bike-GPS program or other means. This project could follow the completion of the utility networks, and would take about 4 months to complete. · Infrastructure Condition Rating - This project would require development of an infrastructure inventory database, and data entry of historical data on repair history. Since this is a new database, it would require attribute data entry for 100% of the City's road network, but assumes that ACHD's existing roadway centerline layer would be used with minimal updates beyond City of Meridian HDR Engineering, Inc. -3- GIS On-Call Services Consulting Services Scope of Services 9/15/2005 ( ONE COM PAl'-. , Il"Iauy Sot",j011l- Hl,- routine maintenance. Data for water and wastewater infrastructure would largely be produced from existing water distribution system and wastewater collection system hydraulic models. This project is not dependent on any other, but could be implemented in the 2006 time frame due to its low priority. PERIODS OF SERVICE Task 1 Notice to Proceed - October 1, 2005 Contract Expiration - September 30,2006 Task 2 Notice to Proceed - September 15, 2005 Contract Expiration - September 30, 2005 COMPENSATION Task 1 The services performed under this contract will be billed on a time and materials basis at the rate schedule show below for a fee not to exceed $10,000 without prior written approval from the City of Meridian project manager. Task 2 Services for Task 2 will be $3,602.00 billed as a lump sum utilizing the remainder of the 2005 On-Call GIS Services budget. Rate Schedule The rates shown in this schedule include overhead and profit, as well as project management and cost control. Direct expenses, including travel, postage/packaging, telephone/fax, printing, and other expenses will be billed separately from the labor rates. Adjustments to labor rates will occur annually in January. ~ Rick Lovel Scott Martin * John Evans Ernesto Mejia Nicolas Fontaine Michael Flores Discioline GIS Analyst Information Systems Technician GIS Programmer GIS Programmer Assistant GIS Programmer/Engineer Quality Control Reviewer Labor Rate $86.00 $97.00 $130.00 $108.00 $81.00 $150.00 · Scott Martin's time will be limited to less than 8 hours per week. City of Meridian HDR Engineering, Inc. -4- GIS On-Call Services Consulting Services Scope of Services 9/15/2005 ( ONE CO!l'IPAt\,. I MaTlJ' S()/i"iiJw" H1~ IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first written above. "OWNER" ~"""""II' ,\\\\\\ Of Mei;/"'//.I/ TITLE: Ma or ,~"'-~~ ~~t>"'% ADDRESS: 33 East Idaho Avenue ! ~6 '\ Meridian: Idaho 83642-~~OO I, S-reAL ~ ~vu( /;':/rtJi1y~~;: i-~ #. t ff';:Ja.j-'0~-4-N~'~Q t'~r1$"{'" :f'f HDR ENGINEERING, INC. </ - - (j' ...,..~, 'J1 ;f'\M... -<fJlti- ",,-' "ENGINEER"~ )/f.' .........I(,~t~NT"l . """, .v ) '/r'/Jr!IQlU\\\ BY: ~L. .'V~ NAME: Larry v.tJLJottman'" BY: NAME: TITLE: Vice President ADDRESS: River Quarry at Parkcenter Blvd 412 E Parkcenter Blvd Suite 100 Boise, 1083706-6659 City of Meridian HDR Engineering, Inc. -5- GIS On-Call Services Consulting Services Scope of Services 9/15/2005 October 28, 2005 MERIDIAN CITY COUNCIL MEETING APPLICANT November 1, 2005 ITEM NO. 5-G REQUEST Autumn Fairew Well Lot Landscaping Contracts with Sunshine Landscape 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 ~ Vi,r Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meetings shall become property of the City of Meridian. e To: Tammy de Weerd, Mayor From: Jon Mills, Staff Engineer CC: Brad Watson, Public Works Director Date: 10/24/2005 Re: Autumn Faire Well Lot Landscaping Contracts The Public Works Department respectfully requests the enclosed contracts be signed and fully executed by the mayor. These contracts were approved by the City Council on October 10, 2005. Thank you for your consideration. Please contact me if you have any questions rega~ding any of these items. . Page 1 STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR ON THE BASIS OF A STIPULATED PRICE THIS AGREEMENT is dated the ~ day of October in the year 2005 by and between City of Meridian, Ada County, Idaho (hereinafter called OWNER) and Sunshine Landscape (hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: Article 1 WORK. The CONTRACTOR will complete all Work as specified or indicated in the Agreement. The WORK is generally described as follows: At 3150 N. Valley Green Way, install sprinkler system, with tie in to pressurized irrigation. Lot will be fme graded and five 2" caliper trees will be planted around lot and sod installed to cover the balance of the lot. The Project for which the Work under the Agreement is described as follows: Autumn Faire Well Lot Landscaping Article 2 ENGINEER The City of Meridian Public Works Department will be the ENGINEER. The City of Meridian Public Works Department is to act as OWNER's representative, assume all duties and responsibilities and have the rights and authority assigned to ENGINEER in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents. Article 3 CONTRACT TIME. The Work will be completed within thirty (30) days (calendar days) from the date when the Contract Time commences to run. Time is of the essence. Article 4 CONTRACT PRICE. OWNER will pay CONTRACTOR for completion of the Work in current funds as follows: Total Contract Price is $4381.65. Article 5 PAYMENT PROCEDURES. The CONTRACTOR will submit an Application for Payment upon completion of the Work. Applications for Payment must be submitted to the Public Works Department. Payments. The OWNER will make progress payments on account of the Contract Price on the basis of CONTRACTOR's Application for Payment as recommended by the Public Works Department, on or about the 15th day of each month during construction for Applications submitted to the Public Works Department prior to the 1st day of that month. All progress payments will be on the basis of the progress of the work measured by the schedule of values established in Article 4. The OWNER may retain up to 5% of the amount of the payment until fmal completion and acceptance of all Work covered by this Agreement. Upon completion and acceptance of the Work, payment will be made in full, including retained percentages, less authorized deductions, within thirty (30) days. 10118/2004 Page Article 6 INTEREST. All moneys not paid when due win bear interest at 12% per annum or the maximum rate allowed by law at the place of Project, whichever is less. Article 7 CONTRACTOR'S REPRESENTATIONS. In order to induce the OWNER to enter into the Agreement, the CONTRACTOR makes the following representations: 7.1 The CONTRACTOR has familiarized itself with the nature and extent of the Wark, site, locality, and all local conditions and Laws and Regulations that in any manner may affect cost, progress, performance or furnishing of the Work. 7.2 The CONTRACTOR has studied carefully all drawings of physical conditions. 7.3 The CONTRACTOR has given Public Works Department written notice of all conflicts, errors or discrepancies that he has discovered and the written resolution thereofby ENGINEER is acceptable to CONTRACTOR. Article 8 CONTRACT DOCUMENTS. The Contract Documents, which comprise the entire agreement between the O\VNER and the CONTRACTOR concerning the Work, consist of the following: 8.1 This Agreement. 8.2 Exhibits to this Agreement - N/A. 8.3 Information For Bidders - N/A. 8.4 Drawings - N/A. 8.5 CONTRACTOR's Quote - 10/03/2005. 8.6 1999 Idaho Standards for Public Works Construction, including Division 100, except as superseded by the Information For Bidders, contained herein. 8.7 Revisions to the Standard Specifications and Special Provisions. 8.8 Any documentation submitted by CONTRACTOR prior to Notice of Award. 8.9 The documents listed in paragraph 8.2 above are attached to this Agreement (except as expressly noted otherwise above). There are no Contract Documents other than those listed above in this Article 8. The Contract Documents may only be amended, modified or supplemented by written Change Order. Article 9 MISCELLANEOUS. 9.1 No assignment by a party hereto of any rights under or interest in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically but without limitation moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 10/18/2004 Page 9.2 OWNER and CONTRACTOR each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns and legal representatives in respect of all covenants and obligations contained in the Contract Documents. Article 10 OTHER PROVISIONS. Trees shall be guaranteed for 90 days after the contract completion date as overseen by the Autumn Faire Homeowners Association according to its maintenance agreement with the City of Meridian IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in triplicate. One counterpart each has been delivered to OWNER, CONTRACTOR and ENGINEER. All portions of the Contract Documents have been signed or identified by OWNER and CONTRACTOR or by ENGINEER on their behalf. The Agreement will be effective on ,2005. Own~ CITY OFME=t<:__ ... con:S~?~:;>;~'~k<> BY~~4-J By ~4~A'i~L Name. Ma or e . __ , "<--. . ~\--. /;...), ~C~./-4-'- Attest: Name: 10/18/2004 Page City of Meridian Public Works Dept. Memo To: Tammy de Weerd, Mayor From: Jon Mills, Staff Engineer cc: Brad Watson, Public Works Director Date: 10/24/2005 Re: Autumn Faire Well Lot Landscaping Contracts The Public Works Department respectfully requests the enclosed contracts be signed and fully executed by the mayor. These contracts were approved by the City Council on October 10, 2005. Thank you for your consideration. Please contact me if you have any questions rega~ding any of these items. u-tJ ~-fiJ \/Dc( J l\"7~ . Page 1 STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR ON THE BASIS OF A STIPULATED PRICE THIS AGREEMENT is dated the ~ day of October in the year 2005 by and between City of Meridian, Ada County, Idaho (hereinafter called OWNER) and Sunshine Landscape (hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: Article 1 WORK. The CONTRACTOR will complete all Work as specified or indicated in the Agreement. The WORK is generally described as follows: At 3150 N. Valley Green Way, install sprinkler system, with tie in to pressurized irrigation. Lot will be fme graded and five 2" caliper trees will be planted around lot and sod installed to cover the balance of the lot. The Project for which the Work under the Agreement is described as follows: Autumn Faire Well Lot Landscaping Article 2 ENGINEER The City of Meridian Public Works Department will be the ENGINEER. The City of Meridian Public Works Department is to act as OWNER's representative, assume all duties and responsibilities and have the rights and authority assigned to ENGINEER in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents. Article 3 CONTRACT TIME. The Work will be completed within thirty (30) days (calendar days) from the date when the Contract Time commences to run. Time is of the essence. Article 4 CONTRACT PRICE. OWNER will pay CONTRACTOR for completion of the Work in current funds as follows: Total Contract Price is $4381.65. Article 5 PAYMENT PROCEDURES. The CONTRACTOR will submit an Application for Payment upon completion of the Work. Applications for Payment must be submitted to the Public Works Department. Payments. The OWNER will make progress payments on account of the Contract Price on the basis of CONTRACTOR's Application for Payment as recommended by the Public Works Department, on or about the 15th day of each month during construction for Applications submitted to the Public Works Department prior to the 1st day of that month. All progress payments will be on the basis of the progress of the work measured by the schedule of values established in Article 4. The OWNER may retain up to 5% of the amount of the payment until fmal completion and acceptance of all Work covered by this Agreement. Upon completion and acceptance of the Work, payment will be made in full, including retained percentages, less authorized deductions, within thirty (30) days. 10/18/2004 Page Article 6 INTEREST. All moneys not paid when due will bear interest at 12% per annum or the maximum rate allowed by law at the place of Project, whichever is less. Article 7 CONTRACTOR'S REPRESENTATIONS. In order to induce the OWNER to enter into the Agreement, the CONTRACTOR makes the following representations: 7.1 The CONTRACTOR has familiarized itself with the nature and extent of the Work, site, locality, and all local conditions and Laws and Regulations that in any manner may affect cost, progress, performance or furnishing of the Work. 7.2 The CONTRACTOR has studied carefully all drawings of physical conditions. 7.3 The CONTRACTOR has given Public Works Department written notice of aU conflicts, errors or discrepancies that he has discovered and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR. Article 8 CONTRACT DOCUMENTS. The Contract Documents, which comprise the entire agreement between the OWNER and the CONTRACTOR concerning the Work, consist of the following: 8.1 This Agreement. 8.2 Exhibits to this Agreement - N/A. 8.3 Information For Bidders - N/A. 8.4 Drawings - N/A. 8.5 CONTRACTOR's Quote-10/03/2005. 8.6 1999 Idaho Standards for Public Works Construction, including Division 100, except as superseded by the Information For Bidders, contained herein. 8.7 Revisions to the Standard Specifications and Special Provisions. 8.8 Any documentation submitted by CONTRACTOR prior to Notice of Award. 8.9 The documents listed in paragraph 8.2 above are attached to this Agreement (except as expressly noted otherwise above). There are no Contract Documents other than those listed above in this Article 8. The Contract Documents may only be amended, modified or supplemented by written Change Order. Article 9 MISCELLANEOUS. 9.1 No assignment by a party hereto of any rights under or interest in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically but without limitation moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 10/18/2004 Page 9.2 OWNER and CONTRACTOR each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns and legal representatives in respect of all covenants and obligations contained in the Contract Documents. Article 10 OTHER PROVISIONS. Trees shall be guaranteed for 90 days after the contract completion date as overseen by the Autumn Faire Homeowners Association according to its maintenance agreement witb the City of Meridian IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in triplicate. One counterpart each has been delivered to OWNER, CONTRACTOR and ENGINEER. All portions of the Contract Documents have been signed or identified by OWNER and CONTRACTOR or by ENGINEER on their behalf. The Agreement will be effective on ,2005. o=~~_~' con:;s~;~~~ By' .,f!p _~~J&~ By ~~; > ~ '" . ./.. Name: Ma or e.. . . / ~k W ,~C-4.f-4~ -~ Attest: Name: 10/18/2004 Page ADA COUNTY RECORDER J. DAVID NAVARRO BOISE IDAHO 11110/05 01:46 PM DEPUTY Bonnie Oberbillig RECORDED - REQUEST OF Meridian Cily AMOUNT .00 30 11I11111111" 111111111111111111111111 105170904 DEVELOPMENT AGREEMENT PARTIES: 1. 2. City of Meridian James and Cari Jewett, OwnerlDeveloper THIS DEVELOPMENT AGREEMENT (this "Agreement"), is made and entered into this 26 If day of tJ~ IJ~ ,2005, by and between City of Meridian, a municipal corporation of the State ofIdaho, hereafter called "CITY', and James and Cari Jewett, hereinafter called "OWNERlDEVELOPER". 1. RECITALS: 1.1 WHEREAS, "OWNERlDEVELOPER" is the sole owner, in law and/or equity, of certain tract of land in the County of Ada, State of Idaho, described in Exhibit A for each owner, which is attached hereto and by this reference incorporated herein as if set forth in full, herein after referred to as the "Property"; and 1.2 WHEREAS, I.C. S 67-6511A, Idaho Code, provides that cities may, by ordinance, require or penmt as a condition of re-zoning that the "OwnerlDeveloper" make a written commitment concerning the use or development of the subject "Property"; and 1.3 WHEREAS, "City" has exercised its statutory authority by the enactment of Ordinance 11-15-12 and 11-16-4 A, which authorizes development agreements upon the annexation and/or re-zoning of land; and 1.4 WHEREAS, "OwnerlDeveloper" has submitted an application for annexation and zoning of the "Property's" described in Exhibit A, and has requested a designation of (L-O) Limited Office District, (Municipal Code of the City of Meridian); and 1.5 WHEREAS, "Owner" made representations at the public hearings both before the Meridian Planning & Zoning Commission and before the Meridian City Council, as to how the subject "Property" will be developed and what improvements will be made; and ].6 WHEREAS, record of the proceedings for the requested annexation and zoning designation of the subject "Propeliy" held before the Planning & Zoning Cornlnission, and subsequently before the City Council, include responses of government subdivisions providing services within the City of Meridian planning jurisdiction, and received fmiher testimony and comment; and DEVELOPMENT AGREEMENT (AZ 05-032) WEST CAROL PROFESSIONAL OFFICES PAGE 1 OF LO+G 1.7 WHEREAS, City Council, the 11 th day of October, 2005, has approved celtain Findings of Fact and Conclusions of Law and Decision and Order, set forth in Exhibit B, which are attached hereto and by this reference incorporated herein as if set forth in full, hereinafter refen'ed to as (the "Findings"); and 1.8 WHEREAS, the Findings require the "OwnerlDeveloper" to enter into a development agreement before the City Council takes final action on annexation and zoning designation; and 1.9 "OWNERJDEVELOPER" deems it to be in its best interest to be able to enter into this Agreement and acknowledges that this Agreement was entered into voluntarily and at its urging and requests; and 1.1 0 WHEREAS, "City" requires the "Owner/Developer" to enter into a development agreement for the purpose of ensuring that the "Property" is developed and the subsequent use of the "Property" is in accordance with the tenns and conditions of this development agreement, herein being established as a result of evidence received by the "City" in the proceedings for zoning designation from government subdivisions providing services within the planningjurisdiction and from affected propelty owners and to ensure re-zoning designation is in accordance with the amended Comprehensive Plan of the City of Meridian adopted August 6, 2002, Resolution No. 02-382, and the Zoning and Development Ordinances codified in Meridian City Code Title 11 and Title 12. NOW, THEREFORE, in consideration of the covenants and conditions set fOlth herein, the parties agree as follows: 2. INCORPORA TION OF RECITALS: That the above recitals are contractual and binding and are incorporated herein as if set forth in full. 3. DEFINITIONS: For all purposes of tius Agreement the following words, terms, and phrases herein contained in this section shall be defined and interpreted as herein provided for, unless the clear context of the presentation of the same requires otherwise: 3.1 "CITY": means and refers to the City of Meridian, a party to this Agreement, which is a municipal COlporation and government subdivision of the state of Idaho, organized and existing by viliue of law of the State ofIdaho, whose address is 33 East Idaho Avenue, Meridian, Idaho 83642.3.2"OWNERlDEVELOPER": means and refers to James and Cari Jewett, whose address is 1820 E. Bowstring, Meridian, ID 83642 the party developing said "Property" and shall include any subsequent developer(s) of the "Property". DEVELOPMENT AGREEMENT (AZ 05-032) WEST CAROL PROFESSIONAL OFFICES PAGE 2 OF LO+G 3.3 "PROPERTY": means and refers to that celtain parcel(s) of "Property" located in the County of Ada, City of Meridian as described in Exhibit A describing the parcels to be annexed and zoned L-O (Limited Office District) attached hereto and by this reference incorporated herein as if set forth at length. 4. USES PERMITTED BY THIS AGREEMENT: 4.1 The uses allowed pursuant to this Agreement are only those uses allowed under "City's" Zoning Ordinance codified at Meridian City Code Section 11: 7-2 (G) which are herein specified as follows: Construction and development of either a conditional use permit or a planned development application shall be submitted to the City of Meridian prior to afuture development in the L-O zone, and the pertinent provisions of the City of Meridian Comprehensive Plan are applicable to this AZ 05- 032 application. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. 5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 5.1. "Owner/Developer" shall develop the "Property" in accordance with the following special conditions: 1. That no alterations, expansions, reconstructions or other enlargements to the existing single-family structure will be permitted except through a Certificate of Zoning Compliance (CZC) and except where 1) the use of the structure changes to a use consistent with this Development Agreement and 2) the structure shall meet all applicable development standards such as setbacks, frontage, height, etc. of the L-O zone. 2. That no building or other structure shall be erected, moved, added to or structurally altered, not shall any building, structure or land be established or changed in use without a Certificate of Zoning Compliance (CZC). 3. That all future uses shall not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. 4. that the following shall be the only allowed uses on this property: professional and sales offices, personal or professional services, clinics (medical, dental and optical), and health care or social services. As the only exception to the uses specifically allowed by Resolution 04-454, the applicant DEVELOPMENT AGREEMENT (AZ 05-032) WEST CAROL PROFESSIONAL OFFICES PAGE 3 OF ]Q+G may apply for a Conditional Use Permit to operate a child care facility on this propelty in the future. 5. That the hours of operation shall be limited to 6 a.m. to 10 p.m., unless otherwise modified through a future Conditional Use PerInit. 6. That any new structure(s) (or remodeling of existing structure(s)) shall be generally compatible in appearance and bulk with the surrounding residential properties, as deterInined by the Planning Director or otherwise approved through a Conditional Use Permit. Further, the design and construction materials used on remodeling the existing home into a commercial building shall substantially comply with the Exterior Elevations prepared by Parametrik FX on 09-21-05 and the UBC. 7. That the existing shop be allowed to remain as a non-conforming structure. 8. That the City has approved alternative compliance for the landscaping adjacent to the west and north property lines. The landscape buffer to the west shall be reduced to approximately five feet adjacent ot the shop and to ten feet adjacent to the proposed parking stalls. The landscape buffer to the north shall be reduced to 10 feet. If the existing shop is removed, then a full 20-foot wide landscape buffer shall be required along the west property line. Landscape materials along the buffers to the north and west shall be in accord with MCC 12-13-12-3, and as proposed by the applicant on the landscape plan labeled L1.0, prepared by The Land Group, Inc., dated 6-9-05. 9. That the applicant agrees to construct a 6-foot tall vinyl privacy fence along the north property line as proposed. That the applicant agrees to construct a 7-foot taU cinder wall on the west property line. 10. That vehicular access to this site shall be restricted to those approved by ACHD and the City. No vehicular access to Locust Grove Road is approved. 11. Provide a vehicular cross-across easement to the property to the north. 6. COMPLIANCE PERIOD/CONSENT TO REZONE: This Agreement and the commitments contained herein shall be tenmnated, and the zoning designation reversed, upon a default of the "OwnerlDeveloper" or "Owners/Developers" heirs, successors, assigns, to comply with Section 5 entitled "Conditions Governing Development of Subject Property" of this agreement within two years of the date this Agreement is effective, and after the "City" has complied with the notice and hearing procedures as outlined in Idaho Code ~ 67-6509, or any subsequent amendments or recodifications thereof. 7. CONSENT TO DE-ANNEXATION AND REVERSAL OF ZONING DESIGNATION: DEVELOPMENT AGREEMENT (AZ 05-032) WEST CAROL PROFESSIONAL OFFICES PAGE 4 OF LO+G "Owner/Developer" consents upon default to the reversal of the zoning designation of the "Propelty" subject to and conditioned upon the following conditions precedent to-wit 7.1 That the "City" provide written notice of any failure to comply with this Agreement to "Owner/Developer" and ifthe "OwnerlDeveloper" fails to cure such failure within six (6) months of such notice. 8. INSPECTION: "OwnerlDeveloper" shall, immediately upon completion of any portion or the entirety of said development of the "Property" as required by this agreement or by City ordinance or policy, notify the City Engineer and request the City Engineer's inspections and written approval of such completed improvements or portion thereof in accordance with the terms and conditions of this Development Agreement and all other ordinances of the "City" that apply to said Development. 9. DEFAULT: 9.1 In the event "Owner/Developer", "OwnerlDeveloper's" heirs, successors, assigns, or subsequent owners of the "Property" or any other person acquiting an interest in the "Property", fail to faithfully comply with all of the terms and conditions included in this Agreement in connection with the "Property", this Agreement may be modified or terminated by the "City" upon compliance with the requirements of the Zoning Ordinance. 9.2 A waiver by "City" of any default by "OwnerlDeveloper" of anyone or more of the covenants or conditions hereof shall apply solely to the breach and breaches waived and shall not bar any other rights or remedies of "City" or apply to any subsequent breach of any such or other covenants and conditions. 10. REQUIREMENT FOR RECORDATION: "City" shall record either a memorandum of this Agreement or this Agreement, including all of the Exhibits, at "Owner's" cost, and submit proof of such recording to "Owner/Developer", prior to the third reading of the Meridian Zoning Ordinance in connection with the re-zoning of the "Property" by the City Council. If for any reason after such recordation, the City Council fails to adopt the ordinance in connection with the annexation and zoning of the "Property" contemplated hereby, the "City" shall execute and record an appropriate instrument of release of this Agreement. 11. ZONING: "City" shall, following recordation of the duly approved Agreement, enact a valid and binding ordinance zoning the "Property" as specified herein. DEVELOPMENT AGREEMENT (AZ 05-032) WEST CAROL PROFESSIONAL OFFICES PAGE 5 OF L0+9 12. REMEDIES: This Agreement shall be enforceable in any court of competent jurisdiction by either "City" or "Owner/Developer", or by any successor or successors in title or by the assigns of the parties hereto. Enforcement may be sought by an appropriate action at law or in equity to secure the specific performance of the covenants, agreements, conditions, and obligations contained herein. 12.1 In the event of a material breach of this Agreement, the parties agree that "City" and "Owner/Developer" shall have thirty (30) days after delivery of notice of said breach to correct the same prior to the non- breaching party's seeking of any remedy provided for herein; provided, however, that in the case of any such default which cannot with diligence be cured within such thilty (30) day period, if the defaulting party shall commence to cure the same within such thitiy (30) day period and thereafter shall prosecute the curing of same with diligence and continuity, then the time allowed to cure such failure may be extended for such period as may be necessary to complete the curing of the same with diligence and continuity. 12.2 In the event the performance of any covenant to be performed hereunder by either "Owner/Developer" or "City" is delayed for causes which are beyond the reasonable control of the patty responsible for such performance, which shall include, without liInitation, acts of civil disobedience, strikes or similar causes, the time for such pelformance shall be extended by the amount of time of such delay. 13. SURETY OF PERFORMANCE: The "City" may also require surety bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under Meridian City Code 912-5-3, to insure that installation of the improvements, which the "OwnerlDeveloper" agrees to provide, if required by the "City". 14. CERTIFICATE OF OCCUPANCY: The "Owner/Developer" agrees that no Certificates of Occupancy will be issued until all improvements are completed, unless the "City" and "OwnerlDeveloper" has entered into an addendum agreement stating when the improvements will be completed in a phased developed; and in any event, no Certificates of Occupancy shall be issued in any phase in which the improvements have not been installed, completed, and accepted by the "City". 15. ABIDE BY ALL CITY ORDINANCES: That "OwnerlDeveloper" agrees to abide by all ordinances of the City of Meridian and the "Property" shall be subject to de- DEVELOPMENT AGREEMENT (AZ 05-032) WEST CAROL PROFESSIONAL OFFICES PAGE 6 OF LO+G annexation if the owner or his assigns, heirs, or successors shall not meet the conditions contained in the Findings of Fact and Conclusions of Law, this Development Agreement, and the Ordinances of the City of Meridian. 16. NOTICES: Any notice desired by the parties and/or required by this Agreement shall be deemed delivered if and when personally delivered or three (3) days after deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: CITY: OWNERlDEVELOPER: c/o City Engineer City of Meridian 33 E. Idaho Ave. Meridian, ill 83642 James and Cari Jewett 1820 E. Bowstring Meridian, ID 83642 with copy to: City Clerk City of Meridian 33 E. Idaho A venue Meridian, ill 83642 16. ] A party shall have the right to change its address by delivering to the other party a written notification thereof in accordance with the requirements of this section. 17. ATTORNEY FEES: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorney's fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or fOlfeiture of this Agreement. 18. TIME IS OF THE ESSENCE: The patties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perfonn any of the obligations hereunder shall constitute a breach of and a default under this Agreement by the other patly so failing to perform. DEVELOPMENT AGREEMENT (AZ 05-032) WEST CAROL PROFESSIONAL OFFICES PAGE 7 OF LO+G 19. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including "City's" corporate authorities and their successors in office. This Agreement shall be binding on the "OwnerlDeveloper" of the "Property", each subsequent owner and any other person acquiring an interest in the "Property". Nothing herein shall in any way prevent sale or alienation of the "Property", or portions thereof, except that any sale or alienation shall be subject to the provisions hereof and any successor owner or owners shall be both benefited and bound by the conditions and restrictions herein expressed. "City" agrees, upon written request of "Owner/Developer", to execute appropriate and recordable evidence of termination of this Agreement if "City", in its sole and reasonable discretion, had determined that "Owner/Developer" has fully performed its obligations under this Agreement. 20. INVALID PROVISION: If any provision of this Agreement is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this Agreement and the invalidity thereof shall not affect any of the other provisions contained herein. 21. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements, condition and understandings between "OwnerlDeveloper" and "City" relative to the subject matter hereof, and there ar'e no promises, agreements, conditions or understanding, either oral or written, express or implied, between "Owner/Developer" and "City", other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to "City", to a duly adopted ordinance or resolution of "City". 21.1 No condition goveming the uses and/or conditions governing re-zoning of the subject "Propelty" herein provided for can be modified or amended without the approval of the City Council after the "City" has conducted public hearing(s) in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. 22. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in connection with the annexation and zoning of the "Property" and execution of the Mayor and City Clerk. DEVELOPMENT AGREEMENT (AZ 05-032) WEST CAROL PROFESSIONAL OFFICES PAGE 8 OF L0+9 ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. CITY OF MERIDIAN DEVELOPMENT AGREEMENT (AZ 05-032) WEST CAROL PROFESSIONAL OFFICES PAGE 9 OF LO+G STATE OF IDAHO, : ss: County of Ada, ) On this a day of Oc.h~lqJJr , 2005, before me, the undersigned, a Notary Public in and for said State, personally appeared James Jewett and Cari Jewett, known or identified to me to be the persons who executed the instrument, and acknowledged to me that they executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and ~~~Q\V.~s certificate first above written. ....,....~. j\:&e~e./'/#,.'..<9~ I~~'''\.p.. ~..Qoe '\ (SEAL) j...J! O"i f" Eli! 5 Ltl: ~ ,.' ...(.J: : '\ '\ ~v ~ ~ ill,,;/! Ol'"'''' STATE OF IDAHO County ~ a : ss G 1~ Notary ~1rO Residing at: ~'- My Commission Expires: l.{-? o ) On is llnJ1- dayof ,2005, before me, a Notary Public, personally ap ed Tammy de Weerd a iUiam G. Berg, Jr., know or identified to me to be the Mayor an Clerk, respectiv , of the City of Meridian, who executed the instrument or the person t t execut the instrument of behalf of said City, and acknowledged to me that such [ e ecuted the same. (SEAL) ......",.aa~~;;",,#. ........ ~ t'> ~~eee.. Jl1' ~~ l.~ i.,po ~ 'r-R ., 0\ '\ f fJJ 1 ~o (P i E : '& ,Y I" E ;. ~c> PU~\.> l.:z:. $ \.. ;Q.O....0.~~.~Q :...~.. """'" 1'.4 TE 0 ,..it...<t>" "'feSDn nt'"~ DEVELOP NT AGREEMENT (AZ 05-032) WEST CAROL PROFESSIO L OFFICES PAGE 10 OF LO+G STATE OF IDAHO ) ) ss: County of Ada ) On this ~ day of ;vi 011 MHhfl1, 2005, before me, the undersigned, a Notaty Public in and for the said State, personally appeared Shaun Wardle and William G. Berg, Jr., known to me to be the City Council President and City Clerk, respectively, of the CITY OF MERIDIAN, who executed the foregoing instrument on behalf of the City of Meridian, and acknowledged to me that the City executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above wl;i~en. (~hai fVl,~~l.;1-t~ Notary Public for Idaho Residing at ,/11,; It.Ju , JcI My Commission Expires: ~ .0_.008&_. 0+ ~~_N~.s~.. l~~'+OT4'1.4.,A~.e (t I ~. : ! : : ~ \ ,: : o~~ .. ;,' flQ.e oJJt. e,. DEVELOPMENT AGREEMENT (AZ 05-032) WEST CAROL PROFESSIONAL OFFICES EXHIBIT A 'Il2I"'~""'''''''''__".,.,,,,-,,._,,. ... . ,.~.. Carol Street Professional Office Annexation AZ-OS-032 Legaf Description ARR 'W Land Survey;ngf foc:. f,lj>;i. UOUNfJIIlIY. 1UPOGIW'Hlr: ANI) ^ 1..1.1\ S!;I{\'~Ys COJl/!,;I]U,;tTION R'ThRIN() JlJSt'i\NNll\'G U2J E. Stelle Stroll} . SuIte. 11!S . Eaglo, Idaho 83616 . office: t -208-939-7373 . faxI 1-2118-939.7321 Job No. 05892 J.B.F. 6-1/-05 LEGAL. DESCRrPTION FOR JfM JEWETT Plln tlfl..al 8. Block ~ omoli. Subdivi~lon located in lhe SOtJlhC!l..'lt 114 orS~eti(1n 6. T{lwnsrll/l3 Nann, Rtm!(o 1 Eust offoe BoIse Merldion, Ada Counly, Tdaho tlllScriherl lIS: Commencln!;: tho Sourbeast com!!! of Socllon 6, 'r:QWIlship 3 NDrth, .REl1Igc 1 East uf~ Boise Mcrldiun, Ado County, Idllho lUll! nmning Ihence NOO.OO'O I'"W 452.2/ fcctaloull Ille F.Il:l[ Ijne otsald Seclion 10 lite Foinl OfBegfnning (said poirrl beIng, III Ihe intersection of West Carol Drivo ll11d South LocuSl Grove); lhence N890S9' r I"W 2':W.22 feel alon~ the eenr~rlil1o ofWcs( enrol Drive; Utenco I'VOO.OO'I7C 110.62 ll:et to poinlon the Wesl line of tot 8, Block 4 of Doris Subdlvlslon; lnelll;c 889"59'22"822:0.21 fCCllo II palm un lhe En.~lline Ofliuld SCCliollj fbence SOO.OO'O 1"8 110.63 fee! a10ny fillld ElIslline fO f11e poillt ofbegillnlnB. Parcel colllain. 24360 sqUllre feel or O.s6l\crc.~. AnnexatiOn Roundnry ll~~ B~ lUll ?:' ~1l~1! 11;%~R~ ~~W~ ~ ~ ::i ~~~ ~~r.4 ~~~~ ';: ~ ~~~~ ~1:-< ~~~ ~~ ~~~~ kl ~ aS~ E-: ~ ~~ f(l'~ "-le-;~~ I5.G~ ~~~ 0..; ~ 3AOU{) J.Sn3O'I R.tnOS SOO'OO'(J1 ~E 110.53 <:9"fJ/ 1 3~L I, GO.oav r"-"-"-"-"- f~ ~ -..J " ~f" lC~ ~~~.\ ~ ,..,- .~'. ~ ~ lr iri ,I B j ~~~ li':::' g~ ~~~ ~ gf j' . ,...... .fi; e! CIrY OF l\1ERJrDliAN FINDliNG,S OF FACT, CONCLUSnONS OF LAW AND DECISION &. ORJ[JlER In the Matter of a Request for Annexation and Zoning of 0.56 Acres from R6 (Ada County) to L~O (Limited Office District)) b~' James & C;-uTie Jewett Case No(s): AZ-05-032 FOl" the City Council Heal'ing Date of: August 23m, September 13th and September 2ih, 2005 A. Findings of Fact 1. Hearing Facts a. A notice of a public hearing was published for two (2) consecutive weeks prior to the City Coul1cH public hearing, the first publication appearing and written notice mailed to property owners or purchasers of record within three hundred feet (300') of the external boundaries afthe pro pelty. The notice of public hearing before the City Council was posted upon the property under consideration more than one week before said hearing. All other noticing was done consistent with Idaho Code S67- 6509. The matter was duly considered by the City Council at the August 23, 2005, September 13,2005, and September 27,2005, public hearing(s). The applicant, affected property owners, and government subdivisions providing services within the plannillgjurisdiction of the City of Meridian were given full opportunity to express comments and submit evidence, b. Written and oral testimony was received on this matter) as reflected in the records of the City Clerk (for written testimony) and in the official meeting minutes (for oral testimony). The Planning and ZOIling COmmission conducted a public hearing on July 2], 2005 and issued a written recommendation 011 the subject matter to the City Council. d. The City Council heard and took oral and written testimony and duly considered the evidence and the record in this matter. 2. Process Facts a. There has been compliance with all notice and hearing requirements set forth in Idaho Code ~67-6S09, 6512, and Meridian City Code g~ lI.15~5 and 11- 17-5 as evidellced by the Affidavit of Mailing, and the Affidavit ofPubHcation and Proof of Posting filed with the staff report. 3. Application and Property Facts CITY OF MBRIDIAN FfNDINGS Of FACT, CONCLUSIONS OF LAW AND DECISION & ORDEH CASE NOeS). AZ-QS-032- PAGE I of4 In addition to the application and property facls noted in the staff report and the Planning & Zoning Recommendation for the subject application(s), it is hereby verified that the property owncl'(s) of record at the time of issuance of these findings are J,ames & Carrie Jewett. 4. Required Findings per Zoning and Subdivision Ordinance a. See Exhibit D for the findings required for this application, B. Conclusions of Law I. The City of Meridian shall exercise the powers conferred Upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. *67- 6503). 2. The Meridian City Council takes judicialllotice of its Zoning, Subdivision and Development Ordinances codified at Titles 11 and 12, Meridian City Code, and all cun'ent zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002, Resolution No. 02-382 and Maps. 3. The conditions shaH be reviewable by the City Council pursuant to Meridian City Code * 11-17-9. 4. Due consideration has been given to the C01l1lnent(s) received from the governmental subdivisions providing services in the City of Meridian plalmingjurisdiction. 5, It is found public facilities and se(vices required by the proposed development will not impose ex.pense Upon the public if the attached conditions of approval are imposed, 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning and Zoning Department, the Public Works Depaliment and allY affected party requesting notice. 7, That this approval is subject to the Legal Description in Exhibit A, the Conceptual Site Plan and Extel'lor Elevations as shown in Exhibit B, and the Annexation and Zoning Comments as shown in Exhibit C, The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meri dian City Code S 12-3-5 and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LA W AND DECISION & ORDER CASE NO(S). AZ-05-032- PAGE 2 of4 1. 111e applicant's Conceptual Site Plan as evidenced by having submitted the Conceptual Site Plan dated June 9,2005 are hereby conditionalIy approved; 2. The applicant's Exterior Elevations as evidenced by having submitted the Exterior Elevations prepared by Parmnetrik FX, dated September 9, 2005; and, 3. The Alluexatioi1 and Zoning COlllments am as shown in Exhibit C. D. Notice afFinal Action and Right to Regulatory Takings Analysis 1. Please take notice that this is a final action of the govel'lling body of tile City of Meridian, pursuant to Idaho Code 9 67-652 I an affected person being a person who has an interest in real property which may be adversely affected by the issuance or denial of the conditional use permit approval may within twenty-eight (28) days after the date of this decision and order seelc ajudiciaJ review as provided by Chapter 52, Title 67~ Idaho Code. E. Exhibits Exhibit A: Legal DescriptiO!l Exhibit B: Conceptual Site Plan and Exterior ElevatiollS Exhibit C: Annex.ation and Zoning Comments Exhibit D: Zoning Amendment Findings By action of the City Council at its regular meeting held on the I! -F!3:- day of &ch ~ ,2005. COUNCIL MEMBER SHAUN WARDLE VOTED~ VOTED ;Jb~ COUNCIL MEMBER CHRISTINE DONNELL COUNCIL MEMBER CHARLIE ROUNTREE VOTED~ VOTED$'-- COUNCIL MEMBER KEITH BIRD MAYOR TAMMYdeWEERD (TIE BREAKER) YOTED_ CITY OF MERIDIAN FrNDINGS OF FACT. CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-05-032_ PAGE 3 of-' Attest: and City Attorney. By: ( Shall m \fnl-+h City Clerk's Office \. 10- / 1-o'S Dated: CITY OF MERfDlAN FIND[NGS OF FACT, CONCLUSIONS OF LA W AND DECISION & ORDER CASE NOeS). AZ.OS-032- PAGE 4 of 4 EXHfBET A Carol Street Professional Office Annexation AZ-OS-032 Legal Description ARR.. "~~V :-- 1121 E. Stale Sfrec} . Suite 705 . Eagle, Idaho 83676 . office: 1-21111'939-7373 . fax: 1-2lJ8-(jI39.7321 Land Surveying, Inc. UI'.~. 1l0liNIl\f1Y TOI'OGllM'III(' !\WIJ\ L 'j ,\ sn{v[;".~ ,ONf;fW ,( '1'fI);.l.~MI,JNU IllSCAr\NING Joh No. (J5H92 J.B.I' 6-8.0:; LEGA L DESCRIPTION rOg JIM JEWErlT Ancl~xalion Roundnry PUr! OfLOI S, Bloch 'I ofDari~ Subdi\'i~i(llllocnled ill [hI.' SOU[Illm5t 1/4 OfSCCli(>Ilo. T('IVl1SI1i/l:l Norlh, RUIl,l:c I E:.t!:t Oflhe Boise Meridian. Ada COUnl}'. Tduho dcscrih~d 1I~: Commencing UICSOtllheas[ Carner ofScelion 6, TQIVJlship.l Nunh, I~[U1gc j Enst uf'J:.hc B(li~c Mcridian, Ada Cl1llllly, Idaho and running U1Cnec NOO.OO'O I"W "52.21 feel ulong Ihe IiUJI Jine of~mid SCcl[c;>n 10 the Poinl ofRl:gillllillg (~'llid pCli"t \ldnl?M th.., ill!cr.~celioll or West Carol Drivc nnd SflUtl1 Locusl Grove); lhence N89.59' 11"W 220.22 fecl nlong tile eentcrlineorWcst Carul Drive; lhence NOO.OO'l7"E 110.62 fcetto /ll>inton tile West Jille orlot 8, Block" oj' Doris SUbdivision; thence SS9059'2Z"r:: 220.21 fcello 0 point (Ill the Easl line ol's"id Scctiun; lhcnel: 800000'0 r "8 I J 0,63 feel along ~aid EnSllinc 10 Ille IIOi III u rbellirmiolJ. l'[U'ccl contain. 2'1:160 SqllllJ'C feCI or 0.56 ncre.~. V~~QtJ~~~ ~~~~l'=' r<E~:l;/~ lJj ;r i')l: 2 '.' "?;);t' ~* ~~ .~~ r; ,1, : If ~ I II ~ I ;: r \ \ 1 t!. ~.' SOlltu I.OCU!lT Or.eVE ~.~';7;;l.f4" ~ :J> 1:1 & ~~~ ~-~ ~~ ~:~= ~S ~~~: ~::j ~~~~ ~~ ~~~~ 1:; ?o; . ~ EXHIBIT 13 Carol Street Professionnl Offico Annexation . AZ-OS-032 . .>~~.,~onc~ptual.Sitc ~r~!l~r~~}~X!~l:!!lI.. EI:v.~1!;~}lS I~' 'l'ri trl r~ ! F;": l ~ ~ I~ ;: JI'''rl!lIilr}~ 1] M J1111J/1I if~ :ll,Ni' J'~ J !'rl'l' J ,'.-' !lllli;jI!!I~ pi !J/' ~ Il~ Carol St. Office p(eljmi~~Z!:~~~~~bmillal ~i!liq;0i j{.: "~I ':"F. "lIm1 · co f ! .1. . col.~.:. ~i. I~ J; if I! DJI:11."i J ~ :. mJ j i! ' co ~t fl 'i I. f ~I ~I[ [IJ.~ Ii Ii f L .. ~ /i L rn~~~ EXHIBIT C Carol Stl'eet Professional Office Annexation AZ-05-032 Annexation and Zoning Comments ANEXA TION & ZONING FACTS AND COMMENTS 1. The subject property is within the Urban Services Planning Area. The legal description submitted with the application (dated 6-9-05, stamped by Darren R. Leavitt) shows the property as contiguouS to the existing corporate boundary of the City of Meridian, The Public Works Department has confirmed that the submitted legal description meets the requirements of the City of Meridian and the Idaho State Tax Commission. 2. Any future subdivision and/or development ofthis property shaH comply with the City of Meridian ordinances in effect at the time. 3. Prior to the annexation ordinance approval, a Development Agreement (DA) shall be entered into between the City of Me lid ian, propelty owner (at the time of annexation ordinance adoption), and the developer. TIle aonlicant sIlal] contact the Ci Attorne Bill Nar at 888-4433 to initiate this racess. The DA shall incorporate the foHowing: o That no alterations, expansions, reconstructions or other enlargements to the existing single-family stmcture will be permitted except througb a Certificate of Zoning Compliance (CZC) and except where 1) the use of the structure changes to a use consistent witll this Development Agreement and 2) the structure shall meet all applicable development standards such as setbacks, frontage, height, etc. of the L-O zone. o That no building or other structure shall be erected, moved, added to or structurally altered, nor shall any building, structure or latld be established or changed in use without a Certificate of Zoning Compliance (CZC). o That all future uses shall not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors, o That the following shaH be the only allowed uses 011 this prOpclty: professional and sates offices, personal or professional services, dinics (medical. dental and ol,ticaI), and health care or social services. As the only exception to the uses speCifically allowed by Resolution 04-454, the applicant may apply for a Conditional Use Penuit to operate a child care facility on this propelty in the future. o That the hours of operation shall be limited to 6 a.m. to 10 p,m., unless otherwise modified tlu'ough a future Conditional Use Permit. o That any new structul'e(s) (or remodel of existing structure(s)) shall be C~I'OI Strcct Protessiollnl Office ^1I11cx~tioIlExhtbj( C generally compatible in appearance and bulle with the SUlToundillg resideutial propelties, as determined by the Planning Director 01' otherwise approved through a Conditional Use Permit, Fm-tber, the desion and constl"UCtion materials used on remodeIino- the existina: home into a cOmmercial !luiIdinrr shaH substantinllv com I with the Exterior Elevations re ared by Parametl'ik FX all 09-21-05 and the UB~ o That the existing shop be allowed to remain as a non-conforming structure. () That the City has approved altemative compliance for the landscaping adjacent to the west and north property lines. The landscape buffer to the west shall be reduced to approximately five feet adjacent to the shop and to ten feet adjacent to the proposed parking stalls. The landscape buffer to the north shal1 be reduced to H 1JLfeet.:, adj3.seat ta H~e erislil1g4ep,-a.aa-sfla.H-.ee--W--feet -wi4e-Ht-all~~lf the existing shop is l'emoved, then a full 20~foot wide landscape buffer shall be required alone: the west Dl"ODC1'ty line. Landscape materials along the buffers to the north and west shall be in accord with MCC J2~13-12-3, and as proposed by the applicant on the landscape plan labeled L1.0, prepared by The Land Group, Inc.. dated 6-9-05. o That the applicant agrees to construct a 6-foot tall vinyl privacy fence along the nOlth an4-west property lines. as proposed. That the allDlicant ae:rees to construct a 7~foot tall cinder wall on the west Dl'OOertv Hne. o That vehicular access to this site shal1 be restricted to those approved by ACHD and the City, No vehicular access to Locust Grove Road is approved. (> Provide a vehicular cross-access easement to the property to the north. Carol SII'CCI Profcssiollol Office Anllexation Exhibit C EXHIBIT D Carol Street l?r.ofessional Office Annexation AZ-OS-032 Zoning Amendment Findings ANNEXATION & ZONING ANALYSIS According to Ordinance I 1-15-11, General Standards Applicable to Zoning Amendments, both the P&z Commission and Council are required "to review the parti cuIar facts and circumstances of each proposed zoning amendment in terms of the following standards and shall find adequate evidence answering the fOnowing questions about the proposed zoning amendment." The following is the list of standards found in 11-15-11 and analysis: A. Will the new zoning he hamlOnious with and in accordance with the Comprehensive Plan and, if not, has there been an application for a Comprehensive Plan amendment; As noted in the Summary above, the 2002 Comprehensive Plan Future Land Use Map designates the subject property as "Low Density Residential". The purpose of a low density residential designation is to allow for the development of single- family homes on large lots where urban services are provided, Uses may include single4amily homes at densities oftlu'ee dwelling units or less per acre (Page 95, Chapter VII, 2002 Comprehensive Plan). The City recently approved Resolution No. 04-454, which amended Chapter VII, Section I, of the Comprehe11sive Plan to include the foUowing language: "At the discretion of City Council, areas with a Residential Comprehensive Plan designation may request office uses if the property has fi:ontage Oll an arterial street or a section line road and is 3 acres in size or less in size. In this instance, no ancillary Commercial uses shall be permitted." City Council finds that the subject propelty hasfi:ontage 011 Locust Grove Road, an arterial street, and is less than 3 acres in size (0.56 acres total). Because the property is less than 3-acres in size, is located on an arterial street, and has existing commercial uses around it, City Council believes that a residential Use of the property may not be the best use of the land. City Council believes that an office zone and use 011 the subject propeliy is appropriate as the request is consistent with the intent of Resolution No. 04-454. Please see the following facts and circumstances and the Special Considerations below for further analysis of the proposed zoning designation and anticipated office use. C~rol Street Professional Office Annexation Exhibit D City Council finds the following Goals, Objectives, and Action items contained in the 2002 Comprehensive Plan to be applicable to this application (Cl/WZl'sis is in italics below policy): Q "Restrict curb cuts and access points all collectors and arterial streets!' (Chapter VII, Goal IV, Objective D, Action item 2) On the submitted plan, the applicant is proposing Cl singLe access 10 Carol Street, No access to Locust Grove Road, an arterial street, is proposed. o "Require appropriate landscape and buffers along transportation corridors (setback, vegetation, low walJs, belUlS, etc.)." (Chapter VII, Goal IV, Objective D, Action item 4) Locust Grove Road is designated as an arterial street, By City Ordinance, a 25-foot wide landscape bturer is required adjacent to Locust Grove Road (MCC 12-13-10-4), Landscape btifJers will be required by the City with Certificate of Zoning Compliance (C2C) approval. Q "Require all cOlJunercia1 businesses to install and maintain Jandscaping." (Chapter V, Goal III, Objective D, Action item 5) The applicant has shown both intemal and perimeter landscaping on the submitted plans. The applicant is requesting alternative compliance for the required landscape btiffers ac!jacent to the single-:family homes to tlte north and west. Prior to Occupancy of the buildings On tltis site fOr office uses, the applicant will be required to construct internal and perimeter landscaping in accordance witlt City Ordinances. (l "Permit new, . . commercial development only where urban services can be reasonably provided at the time affinal approval and development is contiguous to the City." (Chapter IV, Goal I, Obj, A, #6) This parcel is contiguous to the city via the Walgreen's site to the south and Fred Meyer site to the east, Sanitmy seWer and water are available to this parcel. o "Plan for a variety of commercial and retail Opportunities within the Impact Area." (Chapter VII, Goal I, Objective B) City Council believes that the proposed zone, which allows o.ffice uses, does contribute to the variety of uses in this area. City Council finds thaI the new zoning to L-O should be harmonious with and in accordance with the Comprehensive Plan, as amended by Resolution No. 04-454. Carol SlrcCI Professional Office AtlneXMion Exhibit D B. Is the area included in the zoning amendment intended to be rezoned in the future; Concul1"ent with the annexation and zoning application, the applicant has submitted a site plan and a landscape plan. These plans depict the remodeled office, a storage shop, parking, and landscaping improvements for this property, City Council does not anticipate that the applicant plans to rezone the subject property ill the future if the subject annexation/zoning is approved, as the anticipated office llse is allowed in the requested L-Q zone. Please see Finding "C". C. Is the lH'Ca included in the zoning amendment intended to be developed in the fashion that would be allowed under the new zoning -fol" example, a residential ar'ea turning into a commercial m'ea bjl means of conditional Use permits; City Council finds that professional offices, laboratories. libraries and medical clinics would be penuitted uses within the requested L-O Zone. However, there are several uses in the requested L-Q zone that can OCcur with conditional use permit approval. City Council is concerned that this site may turn into a commercial retail site, and is recommending that the City limit the uses that can operate on the site. D. Has there been a change in the ar'ea or adjacent areas Which may dictate that the an~a should be rezoned. Fot' example, have the streets been widened, new railroad access been developed or planned or adjacent nrea being developed in a fashion similar to the pmposed rezone area; This area has seen mauy recent changes, Most notably, Office Jet Subdivision, which is less than y.; of a mile to the north of the subject site on Locust Grove Road, Office buildings have recently been constructed within Office Jet Subdivision. Locust Grove Road is cUll'ently improved to five lanes. Carol Street has curb, gutter and sidewalk on the south side of the street (adjacent to Walgreen's). These factors contribute to recommending that this area should be rezoned, E. Will the proposed uses be designed, constructed, opel"ated and maintained to he harmonious and appr"opriate in appearance with the existing or intended ~haractel' of the general vicinity and that such use will not c]lange the essential character of the sante area; The applicant will be required to re-construct, operate and maintain the office building(s) in accordance with City Code. Although tlus area was intended for residential uses when the 2002 Comprehensive Plan was adopted, City Council finds that an office zone also complies with what is intended for tMs intersection, as Resolution No. 04-454 allows the City Council to consider office uses in this enrol Street Professional Office Anncxntioll Exhibit D location, City Council finds that the design of the submitted layout could be h~rmollious with the adjacent properties if adequate landscaping/screening is provided. City Council further finds that the proposed office zOlle/use wHl change the existing character of the area, but that the proposed zone and future use should be hanllonious and appropriate in appearance with the character of the overall area. City Councj] finds that any future uses, if designed, constructed and operated in accordance with adopted city ordinances, should be harmonious and appropriate in appearance with the intended character ofthe vicinity. F. Will the proposed uses not be IUlznrdous or disturbing to existing or future neighboring uses; City Council finds that the use of this site for professional offices should not be hazardous or disturbing to existing or future neighboring uses if the applicant enters into a development agreement with the City and all development and landscaping ordinances are exercised, Commercial (office) vehicular access to this site could cause a potential disturbance to existing and/or future residential uses in this area, The 2002 Comprehensive Plan Future Land Use Map designates the properties to the north and west as low density uses and this office lot would take access to a primarily residential street, Carol Street. City Council does not believe that this office will generate a significant amount of traffic. However, City CounciJ has received several letters and phone calls fi.-om nearby property Owners stating that an office use on this property win be disturbing. Some of the neighbors have stated that getting into and out of the subdivision is very difficult. Due to the location of the Walgreen's driveway, the Fred Meyer driveway and cars stacking up at the Locust GrovelFairview intersection, access to Carol Street has become difficult for the residents ill this area. Therefore, In addition to staff's analysis, the Commission and Council should rely on public testimony (oral and written) to determine whether or not the potential disturbance of allowing a commercial access int%ut of this site will substantially affect the existing or future neighboring uses. G. Will the area be served adequately by essential public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water, sewer or that the person responsible for the estabUslJnlcnt of proposed zoning amendment shaH be able to provide adequately any of such services; Sanitary sewer is available in N. Locust Grove Road and has already been stubbed into W. Carol Street which abuts the southe11l boundary of this property, The applicant and/or future propetty owners will be required to pay any applicable park and highway impact fees as well as constmct oll-site storm water drainage facilities. Carol Strcct Professionul Office Annexation Exhibit D On July I, 2005, a joint agency and departl11Cllt comments meeting was held with representatives of1cey service providers to this property. Based on the joint meeting and other comments received from agencies and departments, City Council finds that the public services listed above can be made available to accommodate the proposed development. The Commission and Council should reference any written and/or verbal testimony submitted by any public service provider, regarding their ability to adequately service this project. H, Will not create excessive additional rcquh-ements at public cost for public facilities and sel'vices and will not be detl'imental to the economic welfare of the camnlUnUy; If approved, the developer will be financing the extension of sewer, water, local street infi:astructure, utilities and irrigation services to serve the project. Other required site improvements wiII be funded and constructed by the developer through the CZC approval process. The primary public costs to serve the future uses will be fire and police facilities and services. City Council finds there will not be excessive additionall'equiremellts at public cost and that the proposed zoning and subsequent development will not be detrimental to the community's economic welfare. 1. WiII the pl'oposed uses not invalve uses) activities; processes) materials; equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic) naisc, smoke) fumes) glare or odors; The purpose of the L-Q zone is to "penuit the establishment of groupings of profeSSional, research, executive, administrative, accounting, clerical, stenographic, public service and similar uses., .shall not involve heavy testiug operations of any kind or product manufacturing of such a nature to create noise, vibration or emissions of a nature offensive to the overall purpose of this District." (MCCl1-7~2.G) As such, City COLUlCil does not anticipate future uses will create smoke, fumes, glare, or odors that will be detrimental to the genera! welfare of persons or property in the area. City Council does not anticipate the proposed annexation and subsequent use(s) will create excessive noise, smoke, fumes, glare. or odors. City Council finds that the proposed office zoning/use should not be detrimental to people, property Or the general welfare of the area. If the subject annexation and zoning application is approved, the applicant intends to remodel the existing home into an office, City Council finds that any future uses on this site will generate additional traffic all adjacent roadways above and beyond what the existing residence generates. City Council recognizes that traffic and noise will increase with the approval of fhis development; however, do to the smaller size of the site City Council does not believe that the amount generated will be detrimental to the general welfare of the public. However, the City has received several letters from home owners in this area, some stating that the Carol Strcct Professional Office Allllexotion Exhibit D proposed llse may be detrimental to persons, properly and/or their general welfare, In addition to staff's analysis, the Commission and Council should rely on any and all public testimony (oral and written) provided when determining this finding. MCC 11-16-4 provides the P&Z Commission and City Council the authority to require a property owner to enter into a Development Agreement with the City of Meridian that may require some written commitment for all future uses to more funy comply with this finding, Due to the close proximity of the existing residential uses, City Council believes that a Development Agreemel1t is necessary to ensure that the purpose of the L-O zone is maintained, Please see Annexation & Zoning Facts and Comments. J, wm the area have vehicular approaches to the property which shall be so designed as not to create an interference witIl traffic au surrounding public streets; This parcel has approximately 100 feet offi:ontage on Locust Grove Road. Any driveway to the site fl:om Locust Grove Road would be close to the Carol Street/Locust Grove Road intersection. Therefore, the applicant is proposing a ddvewnyapproach to Carol Street and not Locust Grove Road. ACHD considers access points in their analysis of development applications and their staff is recommending approval of the proposed vehicular approach. City Council believes that the proposed uses (and access) should not be hazardous to neighboring uses 01' traffic flows. The Commission and Council rely 011 public testimony, ACHD City Council, and City staff's analysis when detel111ining whether or not the proposed vehicular approach to Carol Street will create an Interference with traffic on SUIToullding public streets. K. Will not result in the destruction, loss or damnge of a natural 01" scenic featUl'e of major importance; and City Council is unaware of any natural or scenic features of major importance on this site and finds that no natural or scenic features of major importance will be lost or damaged by al'proving the annexation and zoning application, Any existing trees larger than 4" caliper that are removed shall be mitigated for, as detenuil1ed by the City Arborist. L, Is the p.-oposed zoning amendment in the best interest of the City of Meridian. COrd. 592, 11-17~1992)" The legal description submitted with the application, prepared by An-ow Land Surveying, Inc., shows that the propeliy is contiguous to the existing COl1Jorate boundary of the City of Meridian. The land directly south and east oftlle subject property has previously been annexed into the City and this is a logical expansion of the City boundary, The ap1'l icant is propoSillg to develop the land in substantial Cnrol Street Pl'OfcssiOlwl Office Annexation Exhibit D compliance with the City's Comprehensive Plan. In accordance with the findings listed above, City Council finds that the annexation and zonia'! of this Dl'OlJerf;y would be in the best interest or tile City. NOTE: City Council has included Development Agreement stipulations for annexatiOll and zoning of this property. Carol Street Professional Officc Anncxation El.:hibit D October 28, 2005 MERIDIAN CITY COUNCIL MEETING November 1 , 2005 APPLICANT ITEM NO. 5-J REQUEST Notice of 2005 General Election Judges and Clerks AGENCY COMMENTS CITY CLERK: See attached CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FI RE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: ~/ CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. OCT 2 7 2005 MEMORANDUM c::::JY(;;;dian ~:; ~\ '~n",::,:::~~ CITY CLERK'S OFFICE TO: Mayor and City Council CC: Bill Nary dldU FROM: William G. Berg, Jr. DA TE: Thursday, October 27, 2005 RE: Election Judges and Clerks (City Council 11-1-05 Consent Item) I am notifying you that I have accepted the attached recommendation from June Pack, my Chief Election Judge for her selection of judges and clerks for this upcoming city general election. If you have any problems or concerns with the selections, please contact me or bring it to the attention for discussion at the City Council meeting. Thank you. 33 East Idaho Avenue, Meridian, ID 83642 888-4433 fax 888-4218 CITY OF MERIDIAN GENERAL ELECTION JUDGES AND CLERKS FOR NOVEMBER 8, 2005 First Precint #800 @ Veterans Memorial Hall, 22 W. Broadway Ave. June Pack-Judge 524 W. Carlton Ave. 888-2839 Annalee Luke-Clerk 1529 W, 7th St. 888-2609 Second Precint #801 @ City Hall, 33 E. Idaho Ave. Sheri Baker-Judge 1746 Jericho Road 888-1439 Michelle Dames-Clerk 5324 N. Chopin Place 887-5661 Alternate: Pam Wood 1762 Jericho Road 888-7949 Third Percint #802 @ Meridian Library, 1326 W. Cherry Lane Joline Golightly-Judge 1141 Fairwood Court 888-9649 Julia Couch-Clerk 1012 Fairwood Court 713-0360 Bonnie Beck-Clerk 916 Storey Ave. 888-5033 Mary Ellen Lemon-Clerk 51 I W, Washington Ave. 888-2148 (Bill)WiIliam G. Berg, Sr, 231 W. Washington Ave. 888-1822 Gail Packard-Clerk 1920 W. Victory Rd. 887-7674 Connie Lee-Clerk 5660 W. Becky Dr. 286-7158 Donna Brinkerhoff-Clerk 805 E. McMillian 887-1211 Cindy Lee-Clerk 2311 S. Sapphire Ave. 888-6917 Migmon Cooley-Clerk 2586 Autumn Way 888-2555 Fourth Precinct # 803 @ Locust Grove Grange; 1201 E. Victory Road Debbie Warwick-Judge 558 E. Kingsford Drive 888-5726 Robin Stewart-Clerk 1360 E. Pitkin 898-9444 Joan Myers-Clerk 3540 W. Woodmont Drive 888-3672 Alternate: VicIde Schuler-Clerk 1819 S.E. 3rd Way 888-4991 As Submitted by LovaJUdO::~ jJ~ .----- CITY OF MERIDIAN GENERAL ELECTION FOR CITY COUNCIL SEA T #2 AND SEA T #4 PRECINCTS & POLLING LOCATIONS ELECT/ON DA Y: TUESDA Y: NOVEMBER 8f 2005 8:00 AM TO 8:00 PM ~ @ @ CHINDEN RD. ~ g g ~ h h L.w ~ l:s! Lw ~ h ~ % C) u ~ C) <3 ~ ~ C5 "l: eJ t3 8 h ~ ~ '<l; gs C) ~ McMILLAN RD. 3 v CJI J 6 PRECINCT #8?2 Ct: USnCK ROAD MERIDIAN LIE RARY I <:: 1326 w: CHEF< RY LANE "C 8 8S CH!!r:! LANE @ ~ I FAIR VIEW VENUE -- -- '- ~ -. PRECINCT j 800 __ ~@I@--PJ ECINCT #801 VETERANS 'MEMORIAL H. LL I ~ RIDIAN CITY 'fIALL 22 W BRO). ioWA Y A VE. . E. IDAHO A \I 'r-NUE FRANKLIN RD. B I /NTERSTA b-E 84 A ~ INTERSTA TE 84 ~~ 'pVERLAND RD. ~ PREC IweT #803 LOCL 1ST GROVE GJ ~NGE 7 1201. ~, VICTORY R ?AD VICTORY RD. ~ ~ g ~ ~ ~. g a ~ h h g ~ g h G L.w 23 C) h ~ G ~ 85 a Lw f5 ~ c:3 ::s: :5 8 ~ C) ~ co AMI TY ROAD 3 ~ G NOTE: YOU MUST BE A RESIDENT OF THE CITY OF #800 S. 01 vv. Cheny Ln, N. 01 Interstate 84 and U( 01 Meridian Rd MERIDIAN (UVE IN THE CITY LIMITS) AND BE A QUALIFIED #801 N. ollnterstate 84 and E 01N. Meridian Rd. VOTER TO BE ELIGIBLE TO VOTE. CALL THE CITY CLERK'S 11802 N. 01 vv. Cherry Ln. and flY. of N. Meridian Rd OFFICE AT 888-4433 WITH ANY QUESTIONS. 11803 S. 01 Interstate 84 '--- z 0 I- i= z l!) 0 u <:( 0 UJ 0 a 0 ..J ..J ..c C\l ..J UJ a: rei <:( ::Q 05 OJ .....J UJ UJ <t: 2 '0 CD .....J a: LL Q) .0 0.... UJ 0 <<5 E 2 z Q) UJ >- Ci5 > <( CJ I- a CfJ ~ (3 Z (3 T City of Meridian, State of Idaho GENERAL ELECTION November 8, 2005 INSTRUCTIONS: To vote for a candidate make a cross (X) in the small square to the right of the name for which you wish to vote. If you tear, deface or wrongly mark this ballot, return it and get another. Mark only with pencil or pen. You may write-in, in the space provided, the name of any declared write-in candidate for the office to be voted. You cannot vote for more than the number given for that office. FOR COUNCIL MEMBER, Seat No.2 Four Year Term (Vote for One) Joe Borton . . . . . . . . . . . . . . . . . . . . . . . . , . 0 o FOR COUNCIL MEMBER, Seat No.4 Four Year Term (Vote for One) Keith Bird . . . . . . . . . . . . . . . . . . . . . , . . , . . 0 o The order of candidate names on the sample ballot may not neces- sarily be the same as the order of candidate names on the electron ballot. October 28, 2005 MERIDIAN CITY COUNCIL MEETING November 1, 2005 APPLICANT City Council President - Shaun Wardle ITEM NO. 6-A REQUEST 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: OTH ER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become prO'perty of the City of Meridian. ADA COUNTY RECORDER J, DAVID NAVARRO AMOUNT ,00 5 BOISE IDAHO 11/10/05 01:46 PM r ~~~~JbE~~n~~Q~~i~~[~g trrl~ 1111 "" 111111111111111111111111 Meridian Cily 105170903 CITY OF MERIDIAN ORDINANCE NO. {l fi -II q f3 BY THE CITY COUNCIL: BIRD, DONNELL, ROUNTREE, WARDLE AN ORDINANCE (AZ-032 WEST CAROL PROFESSIONAL OFFICE) FOR ANNEXATION OF PROPERTY LOCATED IN PART OF LOT 8, BLOCK 4 OF DORIS SUBDIVISION LOCATED IN THE SE 1,4 OF SECTION 6, TOWNSHIP 3 NORTH, RANGE 1 EAST BOISE MERIDIAN, ADA COUNTY, IDAHO AS DESCRIBED IN ATTACHMENT "A" AND ANNEXING CERTAIN LANDS AND TERRITORY, SITUATED IN ADA COUNTY, IDAHO, AND ADJACENT AND CONTIGUOUS TO THE CORPORATE LIMITS OF THE CITY OF MERIDIAN AS REQUESTED BY THE CITY OF MERIDIAN; ESTABLISHING AND DETERMINING THE LAND USE ZONING CLASSIFICATION OF SAID LANDS FROM R6 (ADA COUNTY) TO L-O (LIMITED OFFICE DISTRICT) IN THE MERIDIAN CITY CODE; PROVIDING THAT COPIES OF THIS ORDINANCE SHALL BE FILED WITH THE ADA COUNTY ASSESSOR, THE ADA COUNTY RECORDER, AND THE IDAHO STATE TAX COMMISSION, AS REQUIRED BY LAW; AND PROVIDING FOR A SUMMARY OF THE ORDINANCE; AND PROVIDING FOR A WAIVER OF THE READING RULES; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1. That the following described land as evidenced by attached Legal Description herein incorporated by reference as Exhibit "A" is within the corporate limits of the City of Meridian, Idaho, and that the City of Meridian has received a written request for annexation and re-zoning by the owner of said property, to-wit: James and Carl Jewett. SECTION 2. That the above-described real property is hereby atmexed and re- zoned from R6 (Ada County) to L-O (Limited Office District) in the Meridian City Code. SECTION 3. That the City has authority pursuant to the laws ofthe State of Idaho, and the Ordinances ofthe City of Meridian to annex and zone said property. SECTION 4. That the City has complied with all the noticing requirements pursuant to the laws ofthe State ofIdaho, and the Ordinances of the City of Meridian to annex and re-zone said property. SECTION 5. That the City Engineer is hereby directed to alter all use and area maps as well as the official zoning maps, and all official maps depicting the boundaries and the zoning districts ofthe City of Meridian in accordance with this ordinance. ANNEXATION OF AZ-OS-032 WEST CAROL PROFESSIONAL OFFICE Page 1 of3 SECTION 6. All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. SECTION 7. This ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. SECTION 8. The Clerk of the City of Meridian shall, within ten (10) days following the effective date of this ordinance, duly file a certified copy of this ordinance and a map prepared in a draftsman manner, including the lands herein rezoned, with the following officials of the County of Ada, State of Idaho, to-wit: the Recorder, Auditor, Treasurer and Assessor and shall also file simultaneously a certified copy of this ordinance and map with the State Tax Commission ofthe State ofldaho. SECTION 9. That pursuant to the affinnative vote of one-half (112) plus one (1) ofthe Members of the full Council, the rule requiring two (2) separate readings by title and one (1) reading in full be, and the same is hereby, dispensed with, and accordingly, this Ordinance shall be in full force and effect upon its passage, approval and publication. PASSED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this I Sf day of ~ ve hv6..(A.- .2005. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this / S~ day of N&? j/?n-v ~ , 2005. ~~ --- ATTEST: ANNEXATION OF AZ-05-032 WEST CAROL PROFESSIONAL OFFICE Page 2of3 STATE OF IDAHO, ) ) ss. County of Ada ) On this l day of #OIJiU'vl},lVU , 2005, before me, the undersigned, a Notary Public in and for said State, personally appeared.FkMM-v-de-ShaUI7!AJa./l..cLLe--- .:wEERB and WILLIAM G. BERG, JR., known to me to be the MaYef and City ~lerk, 7C respectively, of the CITY of Meridian, Idaho, and who executecfth~~fi'hff:tb1lrul~6M:ew / 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) .!.~QN:i.... ,,~+OT~~~ € ( : : \ \. .'/ l ~~\Q~\ia.. ....Wt? 1\1roo- cqhal)fn JkL{'*,- NOTARY PUBLIC FOR I:pAHO ~.' RESIDING AT: J10:? ihCL J-",! .-, MY COMMISSION EXPIRES: ID-/?;-II ANNEXATION OF AZ.05~032 WEST CAROL PROFESSIONAL OFFICE Page 3 of3 EXHIBIT A Cnro! Street Professional Office Annexation Az..05-032 Legal Description ..,.....__.__....._~._....._. ~. . ..... ................\. \I"'~'''':'~-''''~'';''''''''l..''''.''., ..:.~.~:,;.t.;,":.;~~......__._....... .......-:..':--;-......-.."':"-~J""..."i'..':.'...........1o.'7"'""""'.......... ARR!tW land Surveying, rnc. (n~, UCJUNT>^,IV. TOPOGRAl'Hrr: ANOA 1..1:,\ Sl;ItV~YS C"ONS'lUU('Otm l\7 M:IN(l Jl.>JiCM>;'NlNO 1f21 Eo State Sfrne~ . Sutto 10S . ~aglo, IdQho 83616 . office.: t -200'939-1373 . faXl 1-29'8-939-7321 Job No, OS892 J.B.f. 6-11.05 LEGAl. DESCRlPTTON FOR JrM JEWEIT AnneXation Aoundary PHlt of l.llt 8, Block" orDon. Subdivj~fon 10000led in the SOU[!lcnst 1I4 OfSeclil.lO 6. Township J North, IWngo 1 Eust ottlle: Bois<: Meridilll1. Adn Counl}'. fdoho Iloscrihed 11$: Commentln!,! the Soulhenst corn or ofScclloll: 6, 'roWJlShip3 North, Rll.Ilgc J East nrthc Boi~e Mcddian. Adll County, Idnllo ~d nmnlng th~nce NOO"OO'O I"W 452.21 feet. mOlln lhe F~llinc ofSltld Scclion 10 lhe Point of 8eslnnlng (said poinl bdnll. ot the fnleJ'SCtl!ion of West Cnrol Drive nnd South I...<JC11SI Grove); thence N89.S9'1!"W 220.22 feel along the cenlcrlino of West Carol Drive; lhenco NOO'OO'l7"B 110,62 ll:et 10 poin! on the Wesl line of tot 8, Block 4 of Doris SUbdIVision; IheQ~ SB9"S9'22,nE 220.21 fCOlla 0 palm un [he En.~[ line orsufd SCC{iOll; lhence SOO'OO'O '''F.; 110,6) fctll nlelllY r;ajd I!ostlin~ to the potll! uf~gll1nlnS. I'arccl colllain~ 24360 ~U<1re feet or OS6 Ocre.~. JX~l--:. " lOll 2:' ?i!~I~ "Wb~~~ b~~~\C ~ ~ ~ ~~~ (:S:":l<~~ ~~...~ ~ ~~~~ ~~ i~~~ ~~ <\S~o;8 ~ ~ 'e~ ~ ~u~ ~~~ t... ~ ~ ~ :uml9 J.S1l:)O'! HUlOS 11 Ii II!I i=1=::JU' ~i! ~ I~ i-o ~ 0-) ~ I !:J f~ \ ~1' :>: \ ~ ~ro CITY OF MERIDIAN RESOLUTION NO. tP ~ - 4 r z- BY THE CITY COUNCIL: BIRD, DONNELL, ROUNTREE, WARDLE A RESOLUTION DECLARING THE INTENT OF THE CITY OF MERIDIAN TO CONVEY TO THE ADA COUNTY HIGHWAY DISTRICT FOR RIGHT OF WAY PURPOSES CERTAIN REAL PROPERTY LOCATED ADJACENT TO SETTLERS PARK AT USTICK AND MERIDIAN ROADS IN THE CITY OF MERIDIAN; INSTRUCTING THE CITY CLERK TO ESTABLISH AND NOTICE A HEARING TO REVIEW THE PROPOSED CONVEYANCE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, whenever the City Council proposes to convey any real property, Idaho Code Section 50-1402 requires a declaration of the City Council setting forth the value or minimum price, if any, it intends to receive as a result of such conveyance or exchange; and, WHEREAS, when it is detennined by the City Council to be in the City's best interest that a transfer or conveyance be made, the City Council may, pursuant to the procedure set forth in Idaho Code Section 50-1403, authorize the transfer or conveyance of any real property owned by the City to any tax supported governmental unit; and, WHEREAS, the Ada County Highway District has requested that the City Council of the City of Meridian set a hearing to consider the transfer of certain real property from the City to the District for right of way purposes; and, WHEREAS, following the declaration of intent, the City Clerk shall publish a summary of the action taken by the City Council and provide notice of a public hearing before the City Council at least fourteen (14) days prior to the date ofthe hearing. NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN CITY, IDAHO: Section 1. That it is hereby declared that the City of Meridian intends to convey to the Ada County Highway District certain real property located at Ustick and Meridian Resolution Declaring Intent to Convey Real Property Page 1 of2 Roads and legally described on Exhibits "A" and "B" attached to this resolution and incorporated herein by this reference, hereinafter refelTed to as the "real propeliy." Section 2. That the City of Meridian hereby declares its intention to convey the real property for a total consideration of Two Thousand Five Hundred Dollars ($2,500.00). Section 3. That the City Clerk is hereby instructed to publish a summary of this declaration if intent and establish a public hearing date to review the proposal to convey the real property. Section 4. That the City Attorney is hereby instructed to bring forth a proposed Ordinance as required by Idaho Code 50-1403 for the consideration of the City Council at the conclusion of the public hearing. Section 5. That this Resolution shall be in full force and effect immediately upon its adoption and approval. ADOPTED by the City Council ofthe City of Meridian, Idaho, this I $';; day of ~t/'('-IYv6-h- ,2005. - APPROVED by the Mayor of the City of Meridian, Idaho, this !..f9 day of N#l/Wv~ ,2005. APPROVED: ATTEST: Resolution Declaring Intent to Convey Real Property Page 2 of2 EXHIBIT "A" I 3f3Q SDuth Owyh~e Street I Boile, Idaho 837D5.4768 20B.342.5400 fax 208.341.5353 Parcel Description A parcel of land locatcd in the SEI/4 of Section 36, Township 4 North, Range 1 West, a.M., as shown on Record of Survey No. 4958, Instrument No. 100030102, Records of Ada County, Idaho, being more particularly described as follows: Commencing at a 3 1/4" aluminum cap marking the southeast comer of said Section 36, Township 4 North. Range I West, B.M.; thence North 89"19'43" West coincident with the south line of said Section 36, being also the centerline of Ustick Road, a distance of 82.00 feet; thence North 00'5 I '23" East parallel with the east line of said Section 36 a distance of 25.00 feet to the north line of the existing right-of-way of said USlick Road and the POINT OF BEGINNING; thence continuing Norlh 00"5 I '23" East parallel with the cast line of said Section 36 a distance of 23.00 feet to a point 48.00 feet north of the south line of said Section 36: thence South 89" 19'43" East parallel with the south line of said Section 36 a distance of 20.00 feet; thence North 45"45'50" East a distance of 35.41 feet to a point 37.00 feel west ofthe east line of said Section 36 and the centerline of Meridian Road; thence North 00"51'23" Eas! parallel with amI 37,00 feet west of the east line of said Section 36 a distance of75.00 feet; thence North 06034'00" East n distance of 120.60 feet to the existing west right-of-way line of said Meridian Road; thence South 00.51'23" West coincident Wilh the west right-of-way line of said Meridian Road a distance of217.96 feel; thence South 45041' 36" WeSl a distance of 35.37 feel to a point on the existing north right-of-way line of said USlick Road; thence Nonh 89"19' 43 West coincident with the existing north right-of-way Hne of said Us lick Road a distance of 32.06 reel to the POINT OF BEGINNING, The above described parcel contains 3231 sq. fL or 0.0740 acres, mure or less and references Record of Survey No. 4958, Instrument No. 100030102, Records of Ada County, Idaho. Preparcd by: W & H Pacific, Inc. David S. Short Jr. P.L.S End or dcscripti on. whpaciTic.com planners s urve yors engineers landscape architects EXHIBIT "B" I 3130 South Owyhee Street I Saise, Idaho 83705-4768 208.342.5400 fax 208.342.5353 Parcel Description 23 Foot Additional Right>of-Way - Ustick Road A parcel ofland located in the SEJ/4 of Section 36, Township 4 North, Range 1 West, B.M., as shown on Record of Survey No, 4958, Instrument No. 100030102, Records of Ada County, Idaho, being more particularly described as follows: Commencing at a 3 114" aluminum cap marking the southeast comer of said Section 36, Township 4 North, Range] West, B.M.; thence Nortb 89019'43" Westcoincidellt with the south line of said Section 36, being also the centerline of USlick Road, a distance of 82.00 feet; . thence North 00051 '23" East parallel with the east line of said Section 36 a distance of 25 .00 feet to the north line of the existing right-of-way of said Ustick Road and the POINT OF BEGINNING; thence continuing North 0005l '23" East parallel with the east line of said Section 36 a distance of 23,00 feet to a point 48.00' north of the south line of said Section 36; thence North 89019'43" West parallel with and 48.00 feet north orthe south line of said Section 36 a distance of1982.81 feet to tbe we~tline of Parcel A as shown on Record of Survey No. 3353, [nstrument No. 95080508, Records of Ada County, [daho; thence South 00048'53" West coincident with the west line of said Parcel Aa distance of23.00 feet 10 the north rigbt-of-way of said Ustick road; thence South 89019'43" East coincident with the north right-of-way line of said Ustick Road a distance of 1982.79 feet to the POINT OF BEGINNING. The above described parcel contains 45602 sq. ft. or 1.05 acres, more or less and references Record of Survey No. 4958, Instrument No. 100030102, and Record of Survey No. 3353, Instrument No. 95080508, Records of Ada County, 1daho, A field survey by the registrant whose name and seal are affixed herewith was nor performed to verify said Records of Survey boundary. Prepared by: W & H Pacific, Inc, David S. Short Jr. P .L.S. End of Description License No. 546 [ BEFORE THE MERIDIAN CITY COUNCIL C/C November 1, 2005 IN THE MATTER OF THE APPLICATION OF THE ENCLAVE, LLC FOR FINAL PLAT APPROVAL OF 9 SINGLE-FAMLIY RESIDENTIAL BUILDING LOTS AND I COMMON LOT ON 2.74 ACRES IN AN R-4 ZONE LOCATED AT 2620 SOUTH LOCUST GROVE ROAD IN A PORTION OF THE NW ~ OF THE SW ~ OF T. 3N., R. IE., SECTION 20 CASE NO. FP-OS-063 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT This matter coming before the City Council for Final Plat approval pursuant to Unified Development Code lI-6B-3 on , and the Council finding that the Administrative Review is complete from Sonya Watters, Assistant City Planner for the Planning and Zoning Department, and Michael Cole, Development Services Coordinator for the Public Works Department, dated: Hearing Date: November 1, 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 THE ENCLAVE SUBDIVISION IN A PORTION OF THE NW Y4 OF THE SW Y4 OF T. 3N., R. IE., SECTION 20, BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO 2005, ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR THE ENCLAVE SUBDNISION / (FP-05-063) Page 1 of4 HANDWRITTEN DATE: 08/30/05, SHEET 1 OF 2, BRIGGS ENGINEERING, INC.", THE ENCLAVE, 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 Watters, Assistant City Planner for the Planning and Zoning Department and Michael Cole, Development Services Coordinator for the Public Works Department, dated: Hearing Date: November 1,2005, listing 18 SITE SPECIFIC REQUIREMENTSIFINAL PLAT and 15 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, and the response letter from Briggs Engineering, Inc. a true and correct copy of which is attached hereto marked Exhibit "B" and consisting of 1 page, and by this reference incorporated herein, and the additional requirements from the action of the Council taken at their November 1, 2005 meeting as follows, to-wit: 1.1 Adopt the Recommendation of the Central District Health Department as follows: The Central District Health requires after written approval from the appropriate entities are submitted, they can approve this proposal for central sewage and central water; that plans must be submitted to and approved by the Idaho Department of Health and Welfare, Division of Environmental Quality for central sewage and central water; that run-off is not to create a mosquito breeding problem; and it is suggested that the storm water be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality; that engineers and architects should obtain ORDER OF CONDITIONAL APPROVAL OF PINAL PLAT FOR THE ENCLAVE SUBDNISION / (FP-05-063) Page 2 of 4 current best management practices for stonnwater disposal and design a stormwatermanagement system that is preventing groundwater and surface water degradation. Manuals for guidance: 1. State of Idaho Catalog of Stormwater Best Management Practices for Idaho Cities and Counties. Prepared by the Idaho Division of Environmental Quality, July 1997. 2. Stormwater Best Management Practices Guidebook. Prepared by City of Boise Public Works Department, May 2000. 2. The final plat upon which there is contained the Certification and signature of the City Clerk and the City Engineer verifying that the plat meets the City's requirements shall be signed only at such time as: 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. ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR THE ENCLAVE SUBDNISION I (FP-05-063) Page 3 of 4 Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code S 67-6521. An affected person being a person who has an interest in real property which may be adversely affected by this decision may, within twenty-eight (28) days after the date of this decision and order, seek ajudicial review as provided by Chapter 52, Title 67, Idaho Code. By action ofthe City Council at its regular meeting held on the l g+ day of 11\ () \I f.Jvv\ VJ-ty ,2005. B~ 11~1I1111111 Y de Weerd \\11 //'1 / ",\\\~ Of ~;;;/~ty of Meridian Attest: ----" cf . ~~~ ~ f J:P.' 4 ~~ '% d& ~ ~ - ~ - - R- ~ 4 J Sb"L~_. ~ William G. Berg, Jr., City erk ~ "",. J' j '\. ~~rnr\.'" R/ Copy served upon Applicant, the Pla~J ~f#tment, Public Works Department, and City Attorney. 11""""11I nt":\\\'\" By: 8h M rY\ Svv,-~ =if/> City Clerk's Office \ 1\ -[ Li 1J~ Dated: ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR THE ENCLAVE SUBDNISION / (FP-05-063) Page 4 of 4 STAFF REPORT: Hearing Date: November 1,2005 Transmittal Date: October 27,2005 ( CITY OF MERIDIAN PL'ANNING AND PUBLIC WORKS STAFF REPORT TO: Mayor & City Council Sonya Watters, Assistant City Planner $v Michael Cole, Development Services Coordinator (Y\ C FROM: SUBJECT: The Enclave Subdivision Request for a Final Plat Approval of The Enclave Subdivision Consisting of 9 Single-family Residential Building Lots and 1 Common Lot on 2.74 Acres in an R-4 Zone by The Enclave, LLC (File# FP-05-063). We have reviewed this submittal and offer the following conunents, as conditions ofthe applicant. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: APPLICATION SUMMARY & LOCATION The applicant, The Enclave, LLC, has applied for final plat approval of The Enclave Subdivision. This subdivision consists of 9 single-family residential building lots and 1 common area lot on 2.74 acres in an R-4 zone. The gross density of this subdivision is 3.28 dwelling units per acre and the net density is 4.04 dwelling units per acre. The Enclave Subdivision is located at 2620 S. Locust Grove Road, in the SW \4 of Section 20, T.3N., R.1E. The final plat submitted for this subdivision substantially complies with the approved preliminary plat. Staff recommends approval of The Enclave Subdivision with the comments and conditions stated in this report. SITE SPECIFIC REQUIREMENTS 1. Applicant is to meet all terms of the approved annexation (AZ-05-031) and preliminary plat (PP_ 05-031). 2. The applicant has indicated that Nampa Meridian Irrigation District will own and maintain the pressure irrigation system within this development. Evidence of a license agreement shall be submitted prior to scheduling of a pre-construction meeting. 3. 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 iITigable common areas prior to signature on the final plat by the Meridian City Engineer. 4. All fencing must comply with UDC 11-3A-6 and UDC ll-3A-7. 5. Sanitary sewer service and municipal water to this site shall be via extensions from Inglenook Exhibit "A" FP-05-063 Enclave Sub FP.doc PAGE 1 {' CITY OF MERIDIAN PLANNING AND PUBLIC WORKS STAFF REPO R T Subdivision. Applicant will be responsible to construct all necessary mains to serve this development. Subdivision designer to coordinate main sizing and routing with the Public Works Department. Applicant shall execute City of Meridian standard forms of easements, for any mains that are required to provide service. 6. Provide a 201 easement for all public water/sewer main outside of public right of way (include all water services and hydrants). The description shall be consistent with the graphically depicted easements on the plat. Submit an executed easement (supplied by Public Works), a legal description, which must include the area of the easement (marked EXHIBIT A) and an 8 1/2" x 11" map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. 7. The applicant/developer shall be responsible for the payment of sewer and water assessments, as well as the actual physical connection to the municipal services for the existing home on Lot 3. 8. Detail ownership and maintenance responsibilities for the common driveways, and drainage facilities associated with the common driveways in this subdivision in a document such as CC&R's. The CC&R's shall be recorded with copies of the recorded document submitted to Public Works prior to signature on the final plat by the City Engineer. 9. Revise or add the following note(s) on the face of the plat dated 8/30/05, prepared by Briggs Engineering: (9.) Revise note to include ownership and maintenance provisions for the storm drainage facilities associated with the common driveways. (13.) Add note: "Lot 8, Block 1, is a common lot and shall be owned and maintained by The Enclave Homeowners' Association." (14.) Add note: "Garage setbacks shall be measured from the property line or the adjacent sidewalk, whichever is more restrictive." (15.) Add note: "Except for emergency vehicle access, direct lot access to S. Locust Grove Road is prohibited." 1 O. 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. 11. Prior to the City Engineer's signature of the final plat, provide verification that the existing 31- foot wide road easement along the northern property boundary has been vacated. 12. Prior to the City Engineer's signature on the final plat, provide the City with a copy of a recorded document that grants vehicular access to the depicted emergency access connection to S. Locust Grove Road. 13. Complete the metes and bounds for the common drive easements, and the emergency access easement if they are planned to be dedicated with the plat, OR record a metes and bounds for these easements then call out the instrument number in a plat note. 14. Label "Basis of Bearings" on the face of the plat. 15. Signage is required on the common drive side and western property boundary side of the easement connection through Lot 3, Block 1 to Locust Grove Road. Said signage shall state: "Emergency Access Only". Exhibit "A" FP-05-063 Enclave Sub FP.doc PAGE 2 ( CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPARTMENTS STAFF REPORT 16. A landscape plan was not required for this subdivision as there are no areas of required landscaping on the site. However, if there are any trees on the site that have been or will be removed from the property they shall be replaced by installing additional trees, being the equivalent number of caliper inches of trees that were/are removed. The applicant shall address this issue in writing with the Planning Department and take care of any mitigation requirements prior to signature on the final plat by the City Engineer. 17. Complete the Certificate of Owners and accompanying acknowledgement. 18. Staff's failure to cite specific ordinance provisions or terms of the approved atUlexation or preliminary plat does not relieve the Applicant of responsibility for compliance. GENERAL REQUIREMENTS 1. All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per City Ordinance 12-4- 13. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or non-approval submitted to the Public Works Department. If lateral users association approval can't be obtained, alternative plans will be reviewed and approved by the meridian City Engineer prior to final plat signature. 2. 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. 3. A letter of credit or cash surety in the amount of 110% shall be required for all uncompleted fencing, landscaping, amenities, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the final plat. 4. AU development improvements, including sewer, fencing, micro-paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy. 5. 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. 6. 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. 7. All grading of the site shall be preformed in conformance with MCC 11-12-3H. 8. 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. 9. 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. 10. Coordinate fire hydrant placement with the City of Meridian Public Works department. Exhibit "A" FP-05-063 Enclave Sub FP.doc PAGE 3 ( ( CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPARTMENTS STAFF REPORT 11" Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 12. Applicant shall be responsible for application and compliance with and NPDES Permitting that may be required by the Envirorunental Protection Agency. 13. All development features shall comply with the Americans with Disabilities Act and the Fair Housing Act. 14. Developer shall coordinate mailbox locations with the Meridian Post Office. 15. 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 of the final plat for The Enclave Subdivision (FP-05-063), subject to the above stated comments and conditions. FP-05-063 Enclave Sub FP.doc Exhibit "A" PAGE 4 01-Nov-2005 I I 01 : 27 PM ENG I NEER I NG BRIGGS ENGINEERING. Inc. ENGINEERS / PlANNERS/SURVEYORS November 1, 2005 Ms. Sonya Watters CITY OF MERIDIAN Planning & Zoning Dept. 660 E. Watertower Ln., Ste. 202 Meddian, Idaho 83642 Phone: (208)884-5533 Fax: (208)888-6854 Re: Enclave Subdivision Dear Sonya: ( 2083452950 2/2 1800 W. Overland Road Boise, Idaho 83705 - 3142 Voice (20B) 344-9700 Fax (208) 345-2950 limw@briggs-engineering.com The developer agrees to all of the conditions set forth in the staff report transmitted September 27, 2005. Sincerely, Please call if you have any questions or require additional infonnation. BRIGGS ENGINEERING, Inc. -:::L-tJ~ Tim Wintle, EIT L:\20 05\04\5041 O\Corresp oIldence\Out-goiDg\Staffreport. doc Exhihit "U" BEFORE THE MERIDIAN CITY COUNCIL C/C November 1, 2005 IN THE MATTER OF THE APPLICATION OF BELLINGHAM PARK, LLC FOR FINAL PLAT APPROVAL OF 52 RESIDENTIAL BUILIDING LOTS AND 13 COMMON LOTS ON 16.61 ACRES IN AN R-8 ZONE LOCATED ON LOCUST GROVE ROAD SOUTH OF VICTORY ROAD IN A PORTION OF THE SW ~ OF T. 3N., R.IE., SECTION 29 CASE NO. FP-05-064 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT This matter coming before the City Council for Final Plat approval pursuant to Unified Development Code 11-6B-3 on November 1, 2005, and the Council finding that the Administrative Review is complete from Sonya Watters, Assistant City Planner for the Planning and Zoning Department, and Michael Cole, Development Services Coordinator for the Public Works Department, dated: Hearing Date: November 1, 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 BELLINGHAM PARK SUBDIVISION NO. I LOCATED IN A PORTION OF THE SW Y4 OF T. 3N., R. IE., SECTION 29, BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO 2005, ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR BELLINGHAM SUBDNISION NO.1 1 (FP-05-064) Page 1 of 4 HANDWRITTEN DATE: 08/11105, SHEET 1 OF 5, BAILEY ENGINEERING, INC.", GEMST AR PROPERTIES, 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 Watters, Assistant City Phumer for the Planning and Zoning Department and Michael Cole, Development Services Coordinator for the Public Works Department, dated: Hearing Date: November 1, 2005, listing 26 SITE SPECIFIC REQUIREMENTSIFINAL PLAT and 16 GENERAL REQUIREMENTS, a true and correct copy of which is attached hereto marked Exhibit "A", and consisting of 6 pages, and by this reference incorporated herein, and the response letter from Bailey Engineering, Inc., a true and correct copy of which is attached hereto marked Exhibit "B" and consisting of2 pages, and by this reference incorporated herein, and the additional requirements from the action of the Council taken at their November I, 2005 meeting as follows, to-wit: 1.1 Adopt the Recommendation of the Central District Health Department as follows: The Central District Health requires after written approval from the appropriate entities are submitted, they can approve this proposal for central sewage and central water; that plans must be submitted to and approved by the Idaho Department of Health and Welfare, Division of Environmental Quality for central sewage and central water; that run-off is not to create a mosquito breeding problem; and it is suggested that the storm water be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality; that engineers and architects should obtain ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR BELLINGHAM SUBDIVISION NO.1 1 (FP-05-064) Page 2 of4 current best management practices for stonnwater disposal and design a stonnwatermanagement system that is preventing groundwater and surface water degradation. Manuals for guidance: 1. State of Idaho Catalog of Storm water Best Management Practices for Idaho Cities and Counties. Prepared by the Idaho Division of Environmental Quality, July 1997. 2. Stonnwater Best Management Practices Guidebook. Prepared by City of Boise Public Works Department, May 2000. 2. The final plat upon which there is contained the Certification and signature of the City Clerk and the City Engineer verifying that the plat meets the City's requirements shall be signed only at such time as; 1. The Plat dimensions are approved by the City Engineer; and 2. The City Engineer has verified that all off-site improvements are completed and/or the appropriate letter of credit or cash has been issued guaranteeing the completion of off-site and required on-site improvements. NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAKINGS ANALYSIS The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR BELLINGHAM SUBDNISION NO.1 1 (FP-05-064) Page 3 of4 Please take notice that this is a final action of the governing body of the City of Metidian, pursuant to Idaho Code ~ 67-6521. An affected person being a person who has an interest in real property which may be adversely affected by this decision may, within twenty-eight (28) days after the date of this decision and order, seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. By action ofthe City Council at its regular meeting held on the \ St day of Nt) ve:rYthf"Y , 2005. B~~ rd \\l1IIlIlIfJ . . .,\~..\o";; I~JIIII Mayor, Ity of Mend Ian /?~t.~J, ~~i;\\ - - = - ~ if"l"-"" :: ~ t, _ A" _~CJ :: 18.\ . .,(/j;;> ../~ Copy served upon Applicant, the Pfa",,> c ni\l.iI?epartment, Public Works Department, and City Attorney. ;'''II/IJ~II,1t 111'\\:\\\\\\" Attest: By: ShOlJ mSr~-H"\.) City Clerk's Office Dated: Il- Oi-([)i;S ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR BELLINGHAM SUBDNISION NO.1! (FP-05-064) Page 4 of 4 CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPARTMENTS STAFF REPORT STAFF REPORT: Hearing Date: November 1, 2005 Transmittal Date: October 27,2005 cUe;;dian " JY """''''C''~"",''~"" " TO: Mayor & City Council Sonya Watters, Assistant City Planner Sw Michael Cole, Development Services Coordinator Me FROM: SUBJECT: Bellingham Park Subdivision No.1 Request for a Final Plat Approval of Bellingham Park Subdivision No. 1 Consisting of 52 Single-family Residential Building Lots and 13 Common Area Lots on 16.61 Acres in an R-8 Zone by Bellingham Park, LLC. (File# FP-05- 064) We have reviewed this submittal and offer the following comments, as conditions of the applicant. These comments and conditions shall be considered in filii, unless expressly modified or deleted by motion of the Meridian City Council: APPLICATION SUMMARY & LOCATION The applicant, Bellingham Park, LLC., has applied for final plat approval of the first phase of Bellingham Park Subdivision. This phase includes 52 single-family residential building lots and 13 common area lots on 16.61 acres in an R-8 zone. The gross density of this phase is 3.91 dwelling units per acre and the net density is 5.37 dwelling units per acre. This subdivision is located on the east side of S. Locust Grove Road, approximately '14 mile north of E. Amity Road, in the SW '14 of Section 29, T.3N., R.IE. The common area lots proposed within this phase of Bellingham Park Subdivision will consist of landscaping and open space and will contain a gazebo with a barbeque area, benches, a pool, a clubhouse, a tot lot, and a pathway. A Conditional Use Pertuit for a Planned Development was approved for this subdivision that allowed for reductions to the minimum requirements for street frontage (from 65 feet to 36 feet on non cul-de-sac lots) and lot size (from 6,500 s.f. to 4,140 s.f.). The final plat submitted for this phase substantially complies with the approved preliminary plat. Staff recommends approval of Bellingham Park Subdivision No. 1 with the comments and conditions stated in this report. SITE SPECIFIC REQUIREMENTS I. Applicant is to meet all terms of the approved annexation (AZ-05-007), preliminary plat (pP-05-009), conditional use permit (CUP-05-008) and development agreement (Inst. No. 105134292). FP-05-064 Bellingham Park Sub I FP.doc Exhibit "A" PAGE I ( CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPARTMENTS STAFF REPORT 2. The applicant has indicated that the Bellingham Park Homeowners Association and Nampa Meridian Irrigation District will own and maintain the pressure irrigation system within this development. If the pressure irrigation system is to be owned and maintained by the homeowners association plans and specifications for the irrigation system shall be reviewed by the Public Works Department as part of the development plan review process, and a draft copy of the pressurized irrigation system Operations and Maintenance manual shall be submitted prior to plan approval. If Nampa and Meridian Irrigation District is to own and maintain this system then evidence of a license agreement shall be submitted prior to scheduling of a pre-construction meeting. 3. 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. 4. Due to relatively high existing groundwater levels, applicant shall submit a Master Grading and Drainage plan as part of the development plans to be submitted with each phase of this development. The Master Grading and Drainage Plan must be approved by the Public Works Department prior to overall plan approval. Builders must provide finish floor and crawl space elevation certification for each house prior to issuance of certificate of occupancy. The Master Grading and Drainage plan shall include at a minimum the following: a. Groundwater contours for this development at peak seasonal high depth. b. Finish floor elevation for all houses in this development. c. That all houses will be slab-on-grade construction. d. Finish grade elevation at each lot corner. e. Drainage flow patterns on all lots. 5. Applicant shall maintain a minimum of five ground water monitoring wells in project, at locations approved by the Public Works Department. Applicant shall continue monthly ground water monitoring for two years after final approval of each phase and provide information to the Public Works Department. 6. If structural fill is to be placed on any lot, material specifications and compaction requirements shall be detailed and submitted to Public Works and the Building Department. 7. At the City Council prelimary plat hearing for this project the applicant testified that all buildings in this development would use slab-on-grade construction. Slab-on-grade construction shall be utilized in conjunction with typical footings, and builders of each lot shall comply with all recommendations contained in the applicant's Geotechnical Engineering Report (dated 6/10/04) prepared by Michael G. Woodworth, P.E., of Materials Testing & Inspection, Inc. regarding slab on grade construction. The builder of each lot shall provide fill material gradation certification and a minimum of one compaction testing report per 500 square feet of first floor area (including garage) and Exhibit "A" FP-05-064 Bellingham Park Subl FP.doc PAGE 2 CITY OF MERIDIAN AND PUBLIC WORKS STAFF REPORT provide such reports to the Meridian Building Department prior to commencement of any framing. 8. A covenant shall be recorded for each lot within Bellingham Park Subdivision stating that the owner of the lot shall be responsible for maintenance of the drainage swale located on ACHD right-of-way fronting on the lot. 9. Revise the plat to show a temporary turnaround easement rather than a pennanent turnaround on Lot 8, Block 6. Add a note to the face of the plat stating that this lot is subject to a temporary turnaround easement as depicted. This easement shall be dissolved upon extension ofS. Mitman Way to the south. 10. The landscape plan, dated 10/5/05, prepared by The Land Group, needs to be revised as follows: a. Revise the plant schedule to show the "Yellow Twig Dogwood" as minimum 2 gal. size b. Show the access road on the plan as required in note #13. c. Fencing along the Ridenbaugh Canal must be 6-ft. in height and constructed of non-combustible materials. d. One tree is required in Lot 1, Block 9 e. Depict a 10-ft. wide gravel shoulder along S. Locust Grove Road with the remaining portion landscaped with lawn or other vegetative groundcover. f. Provide mitigation calculations for all trees that have been removed or will be removed from the site. See General Requirements, #16, below. 11. Fencing must be in compliance with UDC 11-3A-6 and 11-3A-7. Temporary construction fencing to contain debris shall be installed along the boundaries of this phase unless fencing already exists at the subdivision boundaries. 12. Sanitary sewer service and municipal water to this site shall be via extensions from existing mains in Locust Grove Road. 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. 13. The applicant shall record the sanitary sewer easement that runs through Lot 2, Block 1. The recorded document shall include metes and bounds for the easement as well as the City of Meridian's standard forms of easement. 14. A 14-foot wide all weather access road shall be required to access any manholes that are not located in the right-of-way, 15. Any existing building that does not meet the dimensional standards for this new plat shall be removed prior to signature on the final plat by the City Engineer. 16. Strike the "Ten Mile Creek" label on page I of the plat; this phase does not border the Exhibit "A" FP-05-064 Bellingham Park Subl FP.doc PAGE 3 CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPARTMENTS STAFF REPORT Ten Mile Creek. 17. If the house on Lot 10, Block 3 is to be remodeled and used for a community clubhouse, the applicant shall be responsible for the payment of assessments and the physical connection to municipal services. 18. Graphically depict a 12-foot wide public utilities, drainage and irrigation easement in the following locations. The extra width is necessary to accommodate a gravity irrigation line and a pressure irrigation line. a. The southern boundary of Lots 2-8, Block 6. b. The southern boundary of Lots 1,4-10, Block 5. c. The eastern boundary of Lots 1-2, Block 10. 19. Graphically depict an 8-foot wide public utilities, drainage and irrigation easement in the following locations. The extra width is necessary to accommodate a pressurized irrigation main. a. The eastern boundary of Lot 6, Block 6. b. The eastern boundary of Lot 10, Block 1. 20. There are two 10-foot wide areas located between the dedicated right-of-way to Locust Grove Road and the rest of the subdivision; they are labeled as additional right-of-way. If these areas are being dedicated to ACHD with this plat then they should be labeled as such. If, however, they are going to be set aside for possible future dedication, they should include a lot and block number and the wording "additional right-of-way" should be removed from the plat. 21. Revise or add the following notes on the face of the plat dated 8/11/05, prepared by Bailey Engineering, Inc.: (3.) Strike the last sentence, "Tllese are H.ElR BHil8.asle lets." (7.) "Lots I and 2, amI a 13eFtiefl ef Lot 7, Block 1..." (Lot 7 does not contain the easement) (10.) Complete recording information. (12.) Add note: "Front garage setbacks shall be 20 feet measured from the property line or the back of sidewalk, whichever is more restrictive." 22. 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. 23. All structures not contained on a designated lot shall be removed prior to signature on the final plat by the City Engineer. 24. All areas approved as open space shall be free of wet ponds or other such nuisances. All stonnwater detention facilities incorporated into the approved open space are subject to MCC 12-13-14 and shall be fully vegetated with grass and trees. Sand, gravel or other non-vegetated surface materials shall not be used in open space lots, except as permitted FP-05-064 Bellingham Park Subl FP.doc Exhibit "A" PAGE 4 /" .- ( CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPARTMENTS STAFF REPORT under MCC 12-13-14. Where the applicant has submitted a preliminary landscape plan and where staff has reviewed such plan, the landscaping shall be consistent with the preliminary plan with modifications as proposed by staff. If the stonnwater detention facility cannot be incorporated into the approved open space and still meet the standards of MCC 12-13-14, then the applicant shall relocate the facility. This may require losing a developable lot or developable area. It is the responsibility of the developer to comply with ACHD, City of Meridian and all other regulatory requirements at the time of final construction. 25. Complete the Certificate of Owners. 26. Staffs failure to cite specific ordinance provisions or terms of the approved development agreement, preliminary plat or conditional use permit does not relieve the Applicant of responsibility for compliance. GENERAL REQUIREMENTS 1. All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per City Ordinance 12-4- 13. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or non-approval submitted to the Public Works Department. If lateral users association approval can't be obtained, alternative plans will be reviewed and approved by the meridian City Engineer prior to final plat signature. 2. 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. 3. A letter of credit or cash surety in the amount of 11 0% shall be required for all uncompleted fencing, landscaping, amenities pressurized irrigation, sanitary sewer, water, etc., prior to signature on the final plat. 4. All development improvements, including sewer, fencing, micro-paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy. 5. 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. 6. 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. 7. All grading of the site shall be preformed in conformance with MCC 11-12-3H. 8. One-hundred-watt, high-pressure sodium streetlights will be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. Final design locations and quantity are determined after power designs are completed by Idaho Power Company. The street light contractor shall obtain design and permit from the Public Works Department prior commencing installations. Exhibit "A" FP-05-064 Bellingham Park Sub] FP.doc PAGE 5 ( (" CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPARTMENTS STAFF REPORT 9. 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. 10. 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. 11. Coordinate fire hydrant placement with the city of Melidian Public Works department. 12. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Anny Corps of Engineers. 13. Applicant shall be responsible for application and compliance with and NPDES Permitting that may be required by the Environmental Protection Agency. 14. All development features shall comply with the Americans with Disabilities Act and the Fair Housing Act. 15. Developer shall coordinate mailbox locations with the Meridian Post Office. 16. 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 of the final plat for Bellingham Park Subdivision No.1 with the above stated comments and conditions. Exhibit "A" FP-05-064 Bellingham Park Sub] FP.doc PAGE 6 ( ~i1ey Engineering,lnc. CIVIL ENGINEERINGjPLANNINGICADD DATE: October 28,2005 TO: Mayor and City COlUlcil RF:: BeJllingbam Subdivision Dear Mayor and City Council, On behalf of OUf client we would like to state that Gemstar Propel1ies, LLC., agrees with all Site Specific Comments and Conditions set forth in the [mal plat for Bellingham Subdivision. Thank you for your time and consideration, Sincerely, ;4 I- c:;~ Aj Lopez 1500 E. Iron Eagle Drive + Eagle, Idaho 83616 . Tel.: 208-938.0013 . Fax: 208-938-0516 www.baileyengineers.com fo;xhibit "B" CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the matter of a request for Preliminary Plat Approval of 60 single family residential building lots and 4 common lots on 23.90 acres in an R-4 zone for Bridgetower Crossing Subdivision No. 14, by Primeland Development, LLP. Case No. PP-05-044 For the City Council Hearing Date of: November 1,2005 A. Findings of Fact 1. Hearing Facts a. A notice of a public hearing was published for two (2) consecutive weeks prior to the City Council public hearing, the first publication appearing and written notice mailed to property owners or purchasers of record within three hundred feet (300') of the external boundaries ofthe property. The notice of public hearing before the City Council was posted upon the property under consideration more than one week before said hearing. All other noticing was done consistent with Idaho Code ~67- 6509. The matters were duly considered by the City Council at the November 1, 2005, public hearing. The applicant, affected property owners, and govenunent subdivisions providing services within the planning jurisdiction ofthe City of Meridian were given full opportunity to express comments and submit evidence. b. Written and oral testimony was received on this matter, as reflected in the records ofthe City Clerk (for written testimony) and in the official meeting minutes (for oral testimony). c. The Planning and Zoning Commission conducted a public hearing and issued a recommendation for approval to City Council. d. The City Council heard and took oral and written testimony and duly considered the evidence and the record in this matter. 2. Process Facts a. There has been compliance with all notice and hearing requirements set forth in Idaho Code 967-6509,6512, and Meridian City Code 9~ 11-15-5 and 11-17-5 as evidenced by the Affidavit of Mailing, and the Affidavit of Publication and Proof of Posting filed with the staff report. 3. Application and Property Facts a. In addition to the application and property facts noted in the staff report and the Planning & Zoning Recommendation for the subject application(s), it is hereby CITY OF MERIDIAN FiNDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO. Ppw05-044 - PAGE I of4 verified that the property owner of record at the time of issuance of these findings is Prime1and Development, LLP. 4. Required Findings per Zoning and Subdivision Ordinances a. See the Staff Report attached as Exhibit A for the findings required for each application. B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Plmming Act of 1975," codified at Chapter 65, Title 67, Idaho Code (LC. 967- 6503). 2. The Meridian City Council takes judicial notice of its Zoning, Subdivision and Development Ordinances codified at Titles 11 and 12, Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002, Resolution No. 02-382 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code 911-17-9. 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public ifthe attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning and Zoning Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Legal Description in Exhibit A, the Preliminary Plat dated 8110/05 as shown in Exhibit A, and the Conditions of Approval in Exhibit A. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval ofthe application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code 9 12-3-5 and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's Preliminary Plat as evidenced by having submitted the Preliminary Plat dated 8/1 0/05 is hereby conditionally approved; CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO. Ppw05-044 - PAGE 2 of 4 2. The site specific and standard conditions of approval are as shown in Exhibit A. D. Notice of Applicable Time Limits (as applicable) I. Notice of Twelve (12) Month Preliminary Plat Duration Please take notice that after the date of approval of the preliminary plat, the owner or developer shall have one year within which to file the request for approval of the final plat. After approval of final plat, the owner or developer shall have one year to begin construction ofthe public utilities and one year thereafter to complete construction of those public facilities. (MCC 12-2-4.B & C.) E. Notice of Pinal Action and Right to Regulatory Takings Analysis 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. 2. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code S 67-6521 an affected person being a person who has an interest in real property which may be adversely affected by the issuance or denial of the approval may within twenty-eight (28) days after the date ofthis decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. F. Exhibits Exhibit A: Staff Report ~tion of the City Council at its regular meeting held on the f VI'!Irl~r-, 2005. a -rA. -/ - day of COUNCIL MEMBER SHAUNW ARDLE VOTED~ VOTED~ VOTED---? VOTED~ -- VOTED_ COUNCIL MEMBER CHRISTINE DONNELL COUNCIL MEMBER CHARLIE ROUNTREE COUNCIL MEMBER KEITH BIRD MAYOR TAMMYdeWEERD (TIE BREAKER) CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO. PP-05-044 - PAGE 3 of 4 and City Attorney. A ~ By: 1f};\ 0\ 7" f, ~ " !\-.. Cj{y Clerk's Office Dated: \ I-\Ll ~OS CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO. PP-05-044 - PAGE 4 of 4 CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533 STAFF REPORT City Council Hearing Hearing Date: 11 II 12005 Mayor, City Council Josh Wilson, Associate City Planner Bridgetower Crossing Subdivision . PP-05-044 TO: FROM: SUBJECT: 60 single family residential building lots and 4 common lots on 23.90 acres in an R-4 zone 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant has requested Preliminary Plat approval of 60 building lots and 4 open space common lots on 23.90 acres in an existing R-4 zone. The subject property was part of the Bridgetower Crossing development which received annexation and planned development approval in 2002 for 692 single family lots, 59 townhome lots, 17 office lots, 10 commercial lots, and 58 common lots on 370.55 acres north of McMillan Road, between Ten Mile Road and Linder Road. The subject property received additional preliminary plat approval in 2003 as Bridgetower Crossing East, which consisted of 439 single family lots and 50 common lots on 209.01 acres. The approved Preliminary Plat depicted very large single family lots in the area covered by the current application and the applicant has submitted for a new Preliminary Plat for the property in order to reduce the size of the lots and gain an additional 11 lots. 2. SUMMARY RECOMMENDATION: The Meridian Planning and Zoning Commission heard the item on October 6, 2005. At the public hearing they moved to recommend approval. a. Summary of Public Hearing: i. In favor: Becky McKay, applicant's representative. ii. In opposition: None. iii. Commenting: None. iv. Staff presenting application: Brad Hawkins-Clark v. Other staff commenting on application: Mike Cole, Public Works. b. Key Issues of Discussion by Commission: i. Amount of open space in proposed subdivision. c. Key Commission Changes to Staff Recommendation: i. Delete Condition 1.1.2 ii. Add to Condition 1.2.2 the following: "The applicant reserves the use of sand for ponds as previously approved by staff." iii. Modify Condition 2.5 to read: "Vacate any recorded irrigation easements prior to signature on the final plat." iv. Delete item D from Condition 3.1.3 v. Add the following to Condition 3.1.9 "provided the setbacks are consistent with the approved PUD" vi. Delete Condition 4.1 vii. Delete Condition 4.2 d. Outstanding Issue(s) for City Council: i. None. 3. APPLICATION AND PROPERTY FACTS a. Site Address/Location: <File Numbers To Be Added By Planner> PAGE I CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533 N of Ustick Road and W of Linder Road 4NIW35 b. Owner: Primeland Development, LLP 3120 W. Belltower Drive Meridian, Idaho 83642 c. Applicant: Primeland Development, LLP 3]20 W. Belltower Drive Meridian, Idaho, 83642 d. Representative: Becky McKay e. Present Zoning: R-4 f. Present Comprehensive Plan Designation: Low Density Residential g. Description of Applicant's Request: ]. Date of preliminary plat (attached as Exhibit AI): August 10,2005 2. Date oflandscape plan (attached as Exhibit A2): August 22, 2005 h. Applicant's Statement/Justification (reference submittal material): The applicant has stated that the subject application is being submitted to regain some of the 29 lots lost in previous phases of Bridgetower Crossing Subdivision, and to create smaller lots than were previously platted in this area of the development. The applicant has stated that the proposal complies with the Planned Development approved for Bridgetower Crossing, and the new proposal will result in more marketable lots. 4. PROCESS FACTS a. The subject application will in fact constitute a preliminmy plat as determined by City Ordinance. By reason of the provisions of the Meridian City Code Title 12 Chapter 3, a public hearing is required before the City Council on this matter. b. Newspaper notifications published on: October 10, 2005 and October 24, 2005 c. Radius notices mailed to properties within 300 feet on: October 7,2005 d. Applicant posted notice on site by: October 24, 2005 5. LAND USE a. Existing Land Use(s): Vacant agricultural land b. Description of Character of Surrounding Area: A mix of single family residences developed as part of the Bridgetower Crossing and Watersong Estates subdivisions, and vacant agricultural land. c. Adjacent Land Use and Zoning 1. North: Vacant agricultural land, zoned R-4. 2. East: Watersong Estates Subdivision, zoned R-8. 3. South: Bridgetower Crossing Subdivision, zoned R-4. <File Numbers To Be Added By Planner> PAGE2 (" ( CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533 4. West: Bridgetower Crossing Subdivision, zoned R-4. d. HistOlY of Previous Actions: AZ-Ol-003, CUP-Ol-006, PP-02-014 e. Existing Constraints and OppOliunities 1. Public Works Location of sewer: Sewer was stubbed to this property during construction of Bridge/ower #3. Location of water: Water was stubbed to this property during construction of Bridgetower #3. 2. Vegetation: None. 3. Flood plain: N/A 4. CanalslDitches Irrigation: Coleman Lateral, to be piped 5. Hazards: None. 6. Proposed Zoning: R-4 7. Size of Property: 23.90 acres 8. Description of Use: Single family residential f. Subdivision Plat Infonnation 1. Residential Lots: 60 2. Non-residential Lots: 3. Total Building Lots: 4. Common Lots: 4 5. Other Lots: NIA 6. Total Lots: 64 7. Open Lots: 4 8. Residential Area: N/A 60 23.90 acres 9. Gross Density: 2.51 units per acre g. Landscaping ]. Width of street buffer(s): None required; the subdivision has frontage on local roads which require no landscape buffer for residential subdivisions. 2. Width of buffer(s) between land uses: None required; the subdivision is surrounded by lands designated for, or developed as, single family residential. 3. Percentage of site as open space (PP and PD applications): 5.86% as stated by applicant, see discussion under Item 9 "Analysis". 4. Other landscaping standards: Common open space shall be suitably improved for its intended use and shall include at least 1 deciduous tree per 8,000 square feet and lawn. L Proposed and Required Non-Residential Setbacks: Reduced setbacks, frontages and minimum lot sizes for detached single family homes were approved with the Planned Development for <File Numbers To Be Added By Planner> PAGE 3 (:c_ ( CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533 Bridgetower Crossing Subdivision (CUP-OI-006), and are as follows; Approved Required (per R-4) Front 15 20 Street side 20 20 Side 5 Rear 15 15 Frontage 69 80 Lot Size 8000 8000 Max. Block Length 1,500+ 1,000 m. Summary of Proposed Streets and/or Access (private, public, common drive, etc.): All internal streets are proposed as public. All sidewalks are 5-feet wide and are detached from the curb. For detailed Conditions of Approval on the public streets and access points to public streets, please see the attached Exhibit B. 6. AGENCY COMMENTS MEETING On September 16, 2005 Planning Staff held an agency comments meeting. The agencies and departments present included: Meridian Fire Department, Meridian Police Department, Meridian Parks Department, Meridian Public Works Department, and the Sanitary Services Company. Staff has included all comments and recommended actions as Conditions of Approval in the attached Exhibit B. 7. COMPREHENSIVE PLAN POLICIES AND GOALS Staff finds that the proposed zoning designation, R-4, is harmonious with and in accordance with the 2002 Comprehensive Plan and Future Land Use Map, which designates the land to be Low Density Residential. There is a maximum density of 3 dwelling units per acre in the Comprehensive Plan; the proposed gross density of Bridget ower Subdivision No. 14 is 2.51 dwelling units per acre. Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to the proposed development (staff analysis in italics below policy): · Require that development projects have planned for the provision of all public services. (Chapter VII, Goal III, Objective A, Action 1) When the City established its Area of City Impact, it planned to provide City services to the subject property. The City of Meridian plans to provide municipal services to the lands proposed to be annexed in the following manner: · Sanitary sewer and water service will be extended to the project at the developer's expense. · The subject lands currently lie within the jurisdiction of the Meridian City Fire Department, who currently shares resource and personnel with the Meridian Rural Fire Department. · The subject lands currently lie within the jurisdiction of the Meridian Police Department (MPD ). · The roadways adjacent to the subject lands are currently owned and maintained by the Ada County Highway District (ACHD). This service will not change. · The subject lands are currently serviced by the Meridian School District #2. This service will not change. <File Numbers To Be Added By Planner> PAGE 4 ( CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533 Municipal, fee-supported, services will be provided by the Meridian Building Department, the Meridian Public Works Department, the Meridian Water Department, the Meridian Wastewater Department, the Meridian Planning Department, Meridian Utility Billing Services, and Sanitmy Services Company. · Protect existing residential properties from incompatible land use development on adjacent parcels (Chapter VII, Goal N, Objective C, Action 1) The applicant is proposing a single-family development. The existing residential properties to the east, south, and west are compatible with the proposed development. · Support a variety of residential categories (low-, medium-, and high-density single family, multi- family, townhouses, duplexes, apartments, condominiums, etc.) for the purpose of providing the City with a range of affordable housing opportunities (Chapter VII, Goal N, Objective C, Action 10) The subject property is designated Low-Density Residential on the Future Land Use Map. The applicant has proposed a density consistent with that designation and has requested an R-4 zone (2.51 d.u.lacre). · Require street connections between subdivisions at regular intervals to enhance connectivity and better traffic flow (Chapter VI, Goal II, Objective A, Action 6) The applicant is proposing to connect to a stub street to the east, W. San Remo Drive, and connect to an existing street to the west, N Towerbridge Way. City staff and ACHD are supportive of the connectivity planfor this area (see ACHD comments and conditions for details). · Review new development for appropriate opportunities to connect to local roads and collectors in adjacent developments. (Chapter VI, Goal II, Objective A, Action 13) See bullet above. · Permit new residential, commercial, or industrial developments only where urban services can be reasonably providecl at the time of final approval and development is contiguous to the City. (Chapter N Goal II, Objective A) All urban services can be made available to this site. 8. ZONING ORDINANCE a. Zoning Schedule of Use Control: Meridian City Code 11-2-1 lists single family detached homes as a permitted use in the R-4 zoning district. b. Purpose Statement of Zone: R-4 Low Density Residential District: Only single-family dwellings, public schools, and public and private parks shall be permitted and no conditional uses shall be permitted except for planned developments. The purpose of the R-4 district is to permit the establishment of low density single-family dwellings, and to delineate those areas where predominantly residential development has, or is likely to occur in accord with the comprehensive plan of the city, and to protect the integrity of residential areas by prohibiting the intrusion of incompatible nonresidential uses. The R-4 district allows for a maximum of four (4) dwelling units per acre and requires connection to the municipal water and sewer systems of the city of Meridian. 9. ANALYSIS a. Analysis of Facts Leading to Staff Recommendation <File Numbers To Be Added By Planner> PAGE 5 (< CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533 1. PRELIMINARY PLAT: Relationship of Pre-plat to Planned Development Concept: The following note (on page 10, Item #12) was included in the Decision and Order Granting the CUP (CUP-01-006) for Bridgetower Crossing, outlining how the subject application corresponds to the approved PD application: "This project is approved in concept only. The concept includes: maximum number of residential lots not to exceed 692 (does not include townhouse lots), mixed uses, school site, setbacks, collector roadways, amenities and open space. The applicant recognizes that the approval is in concept only and that detailed approval shall be required by submittal of all appropriate applications, including, but not limited to, preliminwy plat or plats and conditional use permit or permits. The detailed approval shall be subject to all applicable Ordinances unless otherwise approved under the original Planned Unit Development application. H The applicant has stated that "even with the 11 additional lots in this phase, the total number of lots has still been reduced by 9 lots." Staff finds that the submitted preliminary plat is in general compliance with the approved Planned Development. Open Soace: The applicant has stated that the proposed subdivision contains 1.40 acres of eligible open space, for a total of 5.86 percent of the development. Staff finds that this number includes Lot 46, Block 15, which is proposed as an existing cemetery surrounded by a sand bottom storm water detention basin, allowed under an existing agreement with the City of Meridian. MCC 12-13-16 states that eligible open space must be "active or passive in its intended use, and must be accessible by all residents of the subdivision", and staff finds that the sand bottom portion of Lot 46, Block 15, does not qualify as eligible open space. Staff finds that in order to comply with Meridian City Code, the applicant must provide additional usable open space which meets the minimum requirement of 5 percent. See Site Specific Condition 1.1.2. b. Staff Recommendation: Staff recommends approval of PP-05-044 for Bridgetower Subdivision No. 14 as presented in the staff report for the hearing date of October 6, 2005 based on the Findings of Fact as listed in Exhibit D and subject to the conditions of approval as listed in Exhibit B as attached to this report. Staff has prepared findings consistent with this recommendation. 10. PROPOSED MOTION Approve I move to approve File Number PP-05-044 as presented in the staffreport for the hearing date of November 1, 2005, and the preliminary plat dated August 10, 2005, with the following modifications to the conditions of approval: (add any proposed modifications). Deny I move to deny File Number PP-05-044 as presented in the staff report for the hearing date of November 1, 2005, and the preliminary plat dated August 10, 2005 for the following reasons: (you must state specific reasons for denial. They should address how the applicant might re-do the application to gain your recommendation for approvaL) 11. EXHmITS A. Drawings 1. Preliminary Plat (dated: August 10,2005) 2. Landscape Plan (dated: August 22,2005) B. Conditions of Approval <File Numbers To Be Added By Planner> PAGE 6 (' (' CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533 1. Planning Department 2. Public Works Department 3. Fire Department 4. Police Department 5. Parks Department 6. Sanitary Service Company 7. Ada County Highway District C. Legal Description D. Required Findings from Zoning Ordinance <File Numbers To Be Added By Planner> PAGE 7 ( ( CITY OF MERIDIAN PLANNING AND ZONfNG DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533 A. Drawings 1. Preliminary Plat (dated: August] 0,2005) Ii ~'II'O!fIlIlUU!HIiU!1Jl:9UZ!!U:;::f.nil.Ii'''I 113:rr:-ul IlmncllUllummUllUmumm mmmUHmmmmUUmmm~ ::::: ~::~~;::::~:::;:~:::::::::;:;;;:;i ~a~; I g:;:;n'~ n:~ "=::~H: I !=~~:n~n:J !!:~~!!~!!!!~:~~!:!!~~!~~!!!~~!!!~~!!!; I lfm::mmmmmmmmmmu mumUmmWllUUUmUmm: u ;C:U~ I nu (!in ~u ~e:t::an~ u =:~::~tl ~nun~ u ='~i~;;l ~:ntt:C;:u ~ 1 ~i =, rUI ~u = cHun =e S~:e:.: = !tCI c ru= t u ~:~UU mmmmmm~mmmmmmu f~-~ ! II:! I : i liHf!!:H! ~ 51 i !ifij!LI h: I f Ii' ~: I : I UHiHJlf P~p~h~i ~i i~ifH~ A- I (' CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533 2. Landscape Plan (dated: August 22, 2005) 1!il ~ 1 ~ , ,. \~ i~ I~ A - 2 t~ .~ .!Q! J~..I!!lil ~ 11 !iHil fltl!! ii+ 'I 'I, (' CITY OF MERIDiAN PLANNiNG AND ZONlNG DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533 B. Conditions of Approval 1. PLANNING DEPARTMENT 1.1 SITE SPECIFIC REQUIREMENTS-PRELIMINARY PLAT 1.1.1 The preliminary plat labeled as PRE prepared by Engineering Solutions, dated August 10, 2005, is approved, with the conditions listed herein. All applicable comments/conditions of the previously approved Annexation/Zoning (AZ-OI-003) and Conditional Use Permit (CUP-Ol- 006) shall also be considered conditions of the Preliminary Plat (PP-05-044). 1.1.2 The apj3li6aFlt shall pre iae aElditieRal Hsa13le 8j38a spaee eemFReR lots hieh FReet the miaiFfH:lFR reElHirement of 3' perseBt, aBa sHsmit re isea lamlseafJe j3laas hieh she the refJ:Bired el-1aBges at least 19 E1a:, s j3rier to the Cif:, CeHReil heariae> sa the apJ3lieatioa. 1.1.3 All road drainage shall be contained on site in the drainage swales as depicted. 1.2 GENERAL REQUIREMENTS-PRELIMINARY PLAT 1.2.1 Sidewalks shall be installed within the subdivision and on the perimeter of the subdivision pursuant to MCC 12-13-10-8. 1.2.2 All areas approved as open space shall be free of wet ponds or other such nuisances. All stormwater detention facilities incorporated into the approved open space are subject to MCC 12- 13-14 and shall be fully vegetated with grass and trees. Sand, gravel or other non-vegetated surface materials shall not be used in open space lots, except as permitted under MCC 12-13- 14. Where the applicant has submitted a preliminmy landscape plan and where staff has reviewed such plan, the landscaping shall be consistent with the preliminary plan with modifications as proposed by staff. If the stormwater detention facility cannot be incorporated into the approved open space and still meet the standards of MCC 12-13-14, then the applicant shall relocate the facility. This may require losing a developable lot or developable area. It is the responsibility of the developer to comply with ACHD, City of Meridian and all other regulatory requirements at the time of final construction. The apolicant reserves the use of sand for ponds as previous Iv aoproved bv staff. 1.2.3 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 12-13-8.3). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single-point connection to the culinary water system shall be required. If a single-point connection is used, the developer will be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. An underground, pressurized irrigation system should be installed to all landscape areas per the approved specifications and in accordance with MCC 12-13-8 and MCC 9-1-28. 1.2.4 A detailed landscape plan, in compliance with the landscape and subdivision ordinance and as noted in this report, shall be submitted for the subdivision with the final plat application. 1.2.5 The applicant shall submit a detailed fencing plan with the final plat application for the subdivision. If permanent fencing is not provided, temporary construction fencing to contain debris must be installed around the perimeter prior to issuance of a building permit. All fences should taper down to 3 feet maximum within 20 feet of all right-of-way. All fencing should be installed in accordance with MCC 12-4-10. 1.2.6 Any tree over 4" in caliper that is removed from the property shall be replaced by installing additional trees, being the equivalent number of caliper inches of trees that were removed. B-1 \ ( CITY OF MERIDIAN PLANNINGAND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884.5533 Required landscaping trees will not be considered as replacement trees for those trees that have to be mitigated. 1.2.7 All ilTigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per MCC 12-4-13, unless otherwise approved by Settlers Irrigation District. 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 not be obtained, alternate plans will be reviewed and approved by the City Engineer prior to final plat signature. 1.2.8 Staff's failure to cite specific ordinance provisions or terms of the approved annexationlconditional use does not relieve the applicant of responsibility for compliance. 1.2.9 Preliminary plat approval shall be subject to the expiration provisions set forth in MCC 12-2-4. 2. PUBLIC WORKS DEPARTMENT 2.1 Sanitary service to this site is being proposed via extension of mains in N. Towerbridge Way. The applicant shall be responsible to construct all necessary sewer mains to serve this proposed development, coordinate main sizing and routing with the Public Works Department. Cover over sanitary sewer mains shall be no less than three-feet from finish grade to the top of the pipe. If cover is less than three-feet from the sub-grade to the top of pipe, alternate pipe materials shall be used per the Meridian Public Works Department's Standard Specifications. 2.2 Water service to this site is being proposed via extensions of mains in N. Towerbridge Way. The applicant shall be responsible to construct all necessary water mains to serve this project, coordinate main size and routing with the Public Works Department. 2.3 Dedicate additional width for the Public Utilities, Drainage and Irrigation easement along the right-of-way. It needs to be 10-feet "free and clear" of the sidewalk which extends four-feet past the right-of-way. 2.4 The pressure irrigation system in this development is being proposed as an extension of the private Bridgtower Subdivision system. Plans and specifications will be reviewed by the Public Works Department as part of the plan approval. The applicant shall submit a draft copy of the operations and maintenance manual prior to plan approval, with the "final draft" being submitted prior to signature on the final phase of the Bridgetower Development. 2.5 Vacate anv recorded irrigation easements prior to signature on the final plat. 2.6 A letter of credit or cash surety in the amount of 110% will be required for all uncompleted fencing, landscaping, amenities, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the final plat. 2.7 All development improvements, including but not limited to sewer, fencing, micro-:paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy. 2.8 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. B-2 ( ( CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT, QUESTIONS? CALL (208) 884.5533 2.9 No large landscaping shall be allowed within a five-foot radius of a meter tile per Meridian City Standard Specification 7.07 w. note (3.) 2.1 0 It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 2.11 Applicant shall be responsible for application and compliance with and NPDES Pennitting that may be required by the Environmental Protection Agency. 2.12 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.13 Developer shall coordinate mailbox locations with the Meridian Post Office. 2.14 All grading of the site shall be performed in conformance with MCC lI-I2-3H. 2.15 Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 2.16 Any existing domestic wells andlor septic systems within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells may be used for non- domestic purposes such as landscape irrigation. 2.17 All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per City Ordinance 12-4- 13. Plans shall be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or non-approval submitted to the Public Works Department. If lateral users association approval can't be obtained, alternate plans shall be reviewed and approved by the meridian City Engineer prior to final plat signature. 2.18 The engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least I-foot above. 2.19 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. 2.20 Preliminmy plat approval shall be subject to the expiration provisions set f01ih in MCC 12-2-4. 3. FIRE DEPARTMENT 3.1.1 One and two family dwellings will require a fire-flow of 1,000 gallons per minute available for duration of 2 hours to service the entire project. Fire hydrants shall be placed an average of 500' apart. International Fire Code Appendix C 3.1.2 Acceptance of the water supply for fire protection will be by the Meridian Fire Department and water quality by the Meridian Water Department for bacteria testing. 3.1.3 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. B-3 / " I" CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533 a. Fire Hydrants shall have the 4 Y2" outlet face the main street or parking lot aisle. b. The Fire hydrant shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works spec. E1. Leeatisas itk fire fl.:, Elrants shall ha e the 61:H"6 j3aiateEl rea I Q' t8 eaeR side ef the It) Eh'aat ~ e. Fire Hydrants shall be placed on comers when spacing permits. f. Fire hydrants shall not have any veltical obstructions to outlets within 10'. g. Fire hydrants shall be place 18" above finish grade. h. Fire hydrants shall be provided to meet the requirements of the IFC Section 509.5. 3.1.4 The phasing plan may require that any roadway greater than 150' in length that is not provided with an outlet shall be required to have an approved turn around. 3.1.5 All entrance and internal roads shall have a turning radius of28' inside and 48' outside radius. 3.1.6 Insure that all yet undeveloped parcels are maintained free of combustible vegetation. 3.1.7 Operational fire hydrants, temporary or permanent street signs and access roads with an all weather surface are required before combustible construction is brought on site. 3.1.8 To increase emergency access to the site a minimum of two points of access will be required for any portion of the project, which serves more than 50 homes. The applicant shall provide a stub street to the property to the east. The two entrances should be separated by no less than Y2 the diagonal measurement ofthe full development. 3.1.9 Building setbacks shall be per the International Building Code for one and two story construction, orovided the setbacks are consistent with the aDoroved PUD. 3.] . I 0 The roadways shall be built to Ada County Highway Standards cross section requirements and shall have a clear driving surface, available at all times, which is 20' wide. Streets with less than a 29' street width shall have no parking. Streets with less than 33' shall have parking only on one side. These measurements shall be based on the face of curb dimension. 3.1.11 Provide exterior egress lighting as required by the International Building & Fire Codes. 4. POLICE DEPARTMENT 4.1.1 ^ B) iaterisr fenei-r g shall aIle isi19ilitj [rem the street 8f shall Bet e,~eeeEl [81:11' feet iFl height if selia feasiag is HSSEl. 4.1.2 Tae flr8fleSea E1e elefl1'l1em aaEl/er fllat Ele Bet 8ffcr aatl:lral SI:l.f': eiIlaaee 8flfl8rt1;1llities 8f the fll::l6lie areas. Pfief ts the ae;~t fl1;181i6 heariag, the aflfllieaBt shall meet ita the Pelies Chief ana 'er PIaooiag Staff 1e E1isel;lss f..sateres that iRsrease isi19iIit), iFlell:lEliHg sat HSt limitea te: aeeTS aHE! iflE!s ~ s that leek 8Ht eH the fl1:l-Blie areas, HaRt j3srehes, ana aaeEJl:late Flighttims Hoating. Th.e site flIaR aBa/Sf laHE!seafliag flIaR shall 68 re iseEi ia aseerEi itB. these Eiissl:lssisHS. 5. PARKS DEPARTMENT No concerns. 6. SANITARY SERVICE COMPANY No concerns. 7. ADA COUNTY HIGHWAY DISTRICT B -4 (-- ( CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533 C. Legal Description Stllte ISO SURVEY Mendi,n, Idaho 83642 GROUP Phone (208) 846.8570 Fax (208) 8B4.5399 Projccl No. 05-241 August 19,2005 Bridgctowcr Crossing Subdivision No. 14 A parcel ofJand localed in Section 35, TAN., R.IW., B.M., Ada Counly, Idaho, more particularly described as follows: Commencing allhe comer common to Sections 1 and 2 ofT.3N., R.I W., and Seclion 36 and the said Section 35; Thence North 00015'24" East, 2637.42 feet 10 the 1/4 comer COlllmon [0 said Sections 35 and 36; Thence Nortb 89010'54" West, 1317.27 feet to the C-E 1116 Comer lying on the East boundary of BridgetowerCrossEng Subdivision No. 13, as same is recorded in Book _ of Plats at Page _' records of Ada County, Idaho; Thence along the East boundary of said subdivision and West boundary of Watersong Estates, as same is recorded in Book 88 of Plats at Page 10,088, records of Ada County, Idaho, South 00021' 10" West, 349.93 feet to the REAL POINT OF BEGINNING. Thence continuing South 00021' 10" West 969.43 feet to the SE 1/16 Comer lying on the northerly boundary of Bridget ower Crossing Subdivision No.4, as same is recorded in Book 88 of Plats at Page TO,153, records of Ada Counly, Idaho; Thence along said northerly boundary South 34000'00" West, 113.92 feet; Thence North 58~00'00" West, 124.30 feel; Thence 51.13 feet along the arc of a curve to tlte right, having a radius of21.00 fect, a central angle of 1 39Q30'50", and a long chord bearing North 11045'25" East. 39.4 I feet; Thence 144.19 fect along the arc of a curve to the left, having a radius of 50.00 feet, a central angle of 165013'57", and II long chord bearing North J006'08" West, 99.17 fect; Thence North 6016'53" East, 134.17 feet; Thence North 90000'00" Wesl. 104.09 feet: [hence North 45"50'28" West, 149.16 feel; rhenee Nonh 53"00'00"' \Ve<;I. 240.00 feeL c- I '^ ( ( ! CITY OF MERIDIAN PLANNING-AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533 Thence North 70"00'00" West, 98.88 fecI; Thencc North 85045'02" West. 98,72 fect; Thence South 90"00'00" West, 168.56 feel; Thence North 44"00'00" West, 262.25 feet; Thence SOUtll 90000'00" West, 248.25 feet to thc Northwest comer of said Bridgctower Crossing Subdivision No.4 lying on the easterly boundary of Bridgelower Crossing Subdivision No.3, as same is recorded in Book 87 of Plats at Page 9916, records of Ada County, Idaho; Thence along said easterly boundary North 00"00 '00" East, J 18.04 feet; Thence 260,02 feet along the are of a curve to the right, having a radius of 775.00 feet, a central angle of 19"13'24", and a rong chord bearing North 9"36'42" East, 258,80 feet; Thence North 63006'42" East, 27.73 feet; Thence South 7]000'00" East, 7.38 leet; Thence North 17000'00" East, 50.00 feet; Thence North 25057'45" West, 29.27 feet; Thence 149.66 feet along the arc of a non-tangent curve to tile left, having a radius of825.00 feet, a central angle of lOQ23'37", and a long chord bearing North 15052'41" East, 149.45 feel to the Southwest corner of said Bridgetower Crossing Subdivision No. 13; Thence along the southerly boundary of said subdivision South 79019'08" East, 39,18 feet; Thence South 56000'00" East, 120.25 feel; Thence Somh 7rOO'OO" East. 102J)O feeL Thcnce South 86Q()2'36" East. 90,66 fect; lhcllce North f}O"(I(I'O(J' Fast 3] 000 fect c- 2 ( ( CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533 Thence South 72"32 '58" East, 114,77 feet; Thence South 65" 13 '40" East, 121,20 feeL Thence South 60048'34" East. 20.00 iCet; Thence South 58000'00" East, 113.27 feet; 23.90 a:~~::1:0~:~~]I~S~~OO"OO" &lst, 263.30 feet to the Point of Beginning. Containing c- 3 ( CITY OF MERiDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT QUESTIONS? CALL (208) 884-5533 D. Required Findings from Zoning Ordinance 1. PRELIMINARY PLAT FINDINGS Sections 12-3-3 J.2 and 12-3-5 D read as follows: "In determining the acceptance of a proposed subdivision, the Commission and Council shall consider the objectives of this title and at least the following: A. The conformance ofthe subdivision with the Comprehensive Development Plan; City Council finds that the proposed application is in substantial compliance with the adopted Comprehensive Plan. City Council supports the proposed layout as a practical solution to address the constraints dictated by previous developments. B. The availability of public services to accommodate the proposed development; City Council finds that public services are available to accommodate the proposed development. C. The continuity of the pl"Oposed development with the capital improvement program; Because the developer is installing sewer, water, and utilities for the development at their cost, staff finds that the subdivision will not require the expenditure of capital improvement funds. D. The public financial capability of supporting services for the proposed development; Please see the Agency Comments and Conditions contained in this report for more detaiL E. The other health, safety or environmental problems that may be brought to the Commission's attention. City Council is not aware of any health, safety or environmental problems associated with the development of this subdivision. ACHD considers road safety issues in their analysis. D - I CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LA WAND DECISION & ORDER In the Matter of Ada County Weed and Pest Control Campus Subdivision, a request to subdivide 10.85 acres into three building lots and one landscape lot Case No(s).PP-OS-042 For the City Council Hearing Date of: November 1, 2005 A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of November 1, 2005 incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of November 1,2005 incorporated by reference) 3. Application and Prope11y Facts (see attached Staff Report for the hearing date of November 1,2005 incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of November 1,2005 incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (LC. 967-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002, Resolution No. 02-382 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code 9 11-5A. 4. Due consideration has been given to the comment(s) received from the govenunental subdivisions providing services in the City of Meridian planning jurisdiction. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). PP-05-042 - PAGE 1 of4 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning Depmiment, the Public Works Depmiment and any affected party requesting notice. 7. That this approval is subject to the Legal Description, Preliminary Plat, and the Conditions of Approval all in the attached Staff Report for the hearing date of November 1,2005 incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code S 11-5A and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's Preliminary Plat as evidenced by having submitted the Preliminary Plat dated August 3, 2005 is hereby conditionally approved; and, 2. The site specific and standard conditions of approval are as shown in the attached Staff Report for the hearing date of November 1, 2005 incorporated by reference. D. Notice of Applicable Time Limits 1. Notice of Twelve (12) Month Preliminary Plat Duration Please take notice that approval of a preliminary plat, combined preliminary and final plat, or short plat shall become null and void if the applicant fails to record a final plat within two (2) years of the approval of the preliminary plat or one (1) year of the combined preliminary and final plat or short plat. In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of eighteen (18) months, may be considered for final approval without resubmission for preliminary plat approval. Upon written request and filed by the applicant prior to the tennination of the period in accord with 11-6B- 7.A, the Director may authorize a single extension of time to record the final plat not to exceed eighteen (18) months. Additional time extensions up to eighteen (18) months as determined and approved by the City Council may be granted. With all extensions, the Director or City Council may require the preliminary plat, combined preliminary and final plat or short plat to comply with the current provisions of Meridian City Code Title 11. If the above timetable is not met and the applicant does not receive a time extension, the property shall be required to go through the platting procedure again. CITY OF MERlDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). PP-05-042 - PAGE 2 of 4 E. Notice afFinal Action and Right to Regulatory Takings Analysis 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, a denial of a plat or conditional use penuit entitles the Owner to request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision conceming the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. 2. Please take notice that this is a final action of the goveming body of the City of MeIidian, pursuant to Idaho Code S 67-6521 an affected person being a person who has an interest in real property which may be adversely affected by the issuance or denial of the conditional use pennit approval may within twenty-eight (28) days after the date of this decision and order seek ajudicial review as provided by Chapter 52, Title 67, Idaho Code. F. Attached: Staff Report for the hearing date of November 1,2005 By action ofthe City Council at its regular meeting held on the /Y;Jn/b~, 2005. ( :f f;; day of COUNCIL MEMBER SHAUN WARDLE VOTED~ VOTED~ VOTED~ VOTED~ COUNCIL MEMBER CHRISTINE DONNELL COUNCIL MEMBER CHARLIE ROUNTREE COUNCIL MEMBER KEITH BIRD MAYOR TAMMY de WEERD (TIE BREAKER) VOTED_ Copy served upon Applicant, The Planning Department, Public Works Department and City Attorney. By: (~h tVl ('1/11 C1L-..--I-t-.-> City Clerk's Office Dated: / I ~OI-():) CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). PP-OS-042 - PAGE 4 of 4 CITY OF MERIDIAN DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533 STAFF REPORT City Council Hearing Date: 11/1/2005 P+Z I-Iearing Date 10/6/2005 TO: Meridian City Council FROM: Joe Guenther, Associate City Planner SUBJECT: Weed and Pest Control Campus . PP-05-042 3 building lots and 1 landscape lot on 10.85 acres in an I-L zone 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, Ada County Weed and Pest Control, is requesting a Preliminary Plat approval for three lots in an Industrial District. The subject application includes a request to subdivide 10.85 acres into three building lots and one landscape lot. 2. SUMMARY RECOMMENDATION Staff reconunends approval of the subject Preliminary Plat request with the conditions contained in Exhibit B. The Meridian Planning and Zoning Commission heard the item on October 6, 2005. At the public hearing they moved to recommend unanimous approval. a. Summary of Public Hearing: i. In favor: Darin Fluke JUB Engineers ii. In opposition: None. iii. Commenting: None. iv. Staff presenting application: Joe Guenther, Associate Planner v. Other staff commenting on application: None. b. Key Issues of Discussion by Commission: i. None. c. Key Commission Changes to Staff Recommendation: i. None. d. Outstanding Issue(s) for City Council: i. None. 3. APPLICATION AND PROPERTY FACTS a. Site Address/Location: South of Pine Ave. and West of Locust Grove 3N1E7 b. Owner: Ada County 200 W. Front Street Boise, Idaho 83702 c. Applicant: Ada County 200 W. Front Street Boise, Idaho, 83702 WEED AND PEST CONTROL SUBDIVISION PP-05-042 PAGE I ( CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533 d. Representative: Daren Fluke, J-U-B Engineers e. Present Zoning: I-L f. Present Comprehensive Plan Designation: Mixed Use Community g. Description of Applicant's Request: The applicant is requesting the following preliminary plats for three building lots and one landscape lot in an Industrial district. 1. Date of preliminary plat (attached as Exhibit AI): August 3, 2005 2. Date of landscape plan (attached as Exhibit A2): August 16, 2005 h. Applicant's Statement/Justification (reference submittal material): Daren Fluke, JOB Engineers has submitted a statement of purpose with the application, dated August 2,2005. The applicant has made amendments to the site plan due to Meridian City Staff concerns and has addressed the pathway location along the Five-mile Creek in response to City of Melidian staff. 4. PROCESS FACTS The subject application will in fact constitute a preliminary plat as determined by City Ordinance. By reason of the provisions of the Meridian City Code Title 12 Chapter 3, a public healing is required before the City Council on this matter. b. Newspaper notifications published on: Planning Commission Hearing: September 19, 2005 and October 3. 2005 City Council Meeting Published on October 10, 2005 and October 24, 2005 Radius notices mailed to properties within 300 feet on: Planning Commission Hearing: September 9, 2005 City Council Meeting Published on October 7, 2005 d. Applicant posted notice on site by: Planning Commission Hearing: September 26, 2005 City Council Meeting Published on October 24, 2005 5. LAND USE a. Existing Land Use(s): Vacant Industrial b. Description of Character of Surrounding Area: Industrial c. Adjacent Land Use and Zoning 1. North: Residential R-4 and Ada County R-l 2. East: Industrial 3. South: UPRR, Industrial 4. West: Rl Ada County, Single residence d. History of Previous Actions: N/A e. Existing Constraints and Opportunities 1. Public Works Location of sewer: E. Commercial Ave Location of water: E. Commercial Ave WEED AND PEST CONTROL SUBDIVISION PAGE 2 PP-05-042 ( CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533 Issues or concerns: Floodplain 2. Vegetation: None 3. Flood plain: 100 yr floodplain SW comer of site, not for building 4. CanalslDitches Irrigation: Five Mile Ditch, Five Mile Creek 5. Hazards: Floodplain 6. Proposed Zoning: I-L 7. Size of Property: 10.85 acres 8. Description of Use: Industrial f. Subdivision Plat Information 1. Residential Lots: N/A 2. Non-residential Lots: 3 3. Total Building Lots: 3 4. Common Lots: 1 5. Other Lots: NI A 6. Total Lots; 4 7. Open Lots: N/A 8. Residential Area: 9. Gross Density: NA g. Landscaping I. Width of street buffer(s): 25' along Pine Avenue; 10' along Commercial Avenue. 2. Width ofbuffer(s) between land uses: None at this time. Any buffers required at time of construction will likely be met by the natural separation due to Five Mile Creek. 3. Other landscaping standards: Five Mile Creek Pathway, as shown on Landscape Plan dated August 16, 2005. h. Proposed and Required Non-Residential I-L Setbacks Proposed Required Street front 35 35 Side 0 0 Rear 0 0 Frontage 0 0 L Summary of Proposed Streets andlor Access (private, public, common drive, etc.): The Street Configuration is for allowing Commercial Ave to continue from the existing Commercial Ave in the future. For a detailed report on the public streets and access points to public streets, the attached staff report from the Ada County Highway District (Exhibit C). 6. AGENCY COMMENTS MEETING On September 16, 2005, a joint agency and departments meeting was held with service providers in this area. The agencies and departments present include: WEED AND PEST CONTROL SUBDIVISION PP-05-042 PAGE 3 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT. CALL (208) 884-5533 Meridian Fire Department. Staff has included all comments and reconm1ended actions as Conditions of Approval in attached Exhibit B. 7. COMPREHENSIVE PLAN POLICIES AND GOALS Mixed Use. There are three sub-categories of the Mixed Use designation. Generally, the designation will provide for a combination of compatible land uses that are typically developed under a master or conceptual plan. The purpose of this designation is to Identify key areas which are either infill in nature or situated in highly visible or transitioning areas of the city where innovative and flexible design opportunities are encouraged. The intent of this designation is to offer the developer a greater degree of design and use flexibility. The following standards will serve as general guidelines for development in these Mixed Use areas: All development within this designation will occur only under the Conditional Use Permit process, Mixed Use-Community: The following standards will apply to this category: Up to 25 acres of non-residential uses permitted within the Mixed Use-Conunuruty areas as shown on the Future Land Use Map. In Mixed Use-Community areas that are not Neighborhood Centers, over 25 acres of non-residential uses shall be permitted (through the CUP process). Up to 200,000 sq. ft. of non-residential building area Residential density of 3 to 15 units/acre Sample uses include: All MU-N categories, clothing stores, garden centers, hardware stores, restaurants, banks, drive-thtu facilities, auto service station, department stores. Furthermore, the proposed development meets the following goals and objectives ofthe Comprehensive Plan: Chapter VII Goal N: Encourage compatible uses to minimize conflicts and maximize use of land. Objective A: Address conflicts with compatible uses and Impact Areas. Chapter VII Goal N Objective A Action 1. Minimize noise, odor, air pollution, and visual pollution in industrial development adjacent to residential areas. Chapter VII Goal N Objective A Action 2. Encourage industrial development to locate adjacent to existing industrial uses. Chapter VII Goal N Objective A Action 3. Require industrial uses to conform to disposal, spill and storage measures as outlined by the EP A. Chapter VII Goal N Objective A Action 4. Locate industrial uses where adequate water supply and water pressure are available for fire protection. Chapter VII Goal N Objective A Action 5. Require industrial development to conform to Federal and State air, water, and noise pollution standards, and local Landscaping, traffic, noise, and environmental standards. 8. ZONING ORDINANCE Purpose Statement of Zone: I-L Light Industrial District: The purpose of the I-L light industrial district is to provide for light industrial development and opportunities for employment of Meridian citizens and area residents and reduce the need to commute to neighboring cities; to encourage the development of WEED AND PEST CONTROL SUBDIVISION PP-05-042 PAGE 4 CITY OF MERIDJAN ( DEPARTMENT STAFF REPORT. QUESTJONS? CALL (208) 884.5533 manufacturing and wholesale establislunents which are clean, quiet and free of hazardous or objectionable elements, such as noise, odor, clust, smoke or glare and that are operated entirely or almost entirely within enclosed structures; to delineate areas best suited for industrial development because of location, topography, existing facilities and relationship to other land uses. This district must also be in such proximity to ensure connection to the municipal water and sewer systems of the city. Uses incompatible with light industry are not pennitted, and strip development is prohibited. 9. ANALYSIS a. Analysis of Facts Leading to Staff Recommendation 1. PP Aoolication: Based on the policies and goals contained in the Comprehensive Plan and the general compliance of the proposed development with the Zoning Ordinance, staff believes that this is a good location for the proposed development. The applicant will be responsible for all costs associated with the sewer and water service extension. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service, per City Ordinance Section 5-7-517, when services are available from the City of Meridian. Wells may be used for non-domestic purposes such as landscape irrigation. All future development of the subject property shall be constructed in accordance with City of Meridian ordinances in effect at the time of development. All future uses shall not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. Microoaths: The applicant is proposing to construct a micropath with this plat along the Five Mile Creek as shown on the landscaping plan. Staff is generally supportive of the pedestrian connections between the existing industrial developments east of the site for future connection to the west and north along Five Mile Creek. Commercial Streets: MCC 12-13-10-4 requires a lO-foot wide street buffer along commercial roadways. On the submitted landscape plan, the applicant is proposing to construct a 25-foot wide buffer to Pine Ave. A 10-foot wide street buffer along both sides of Commercial Avenue is required. However, the street buffers easements should be labeled on the plat. Staff recommends that the applicant be allowed to landscape such easements prior to issuance of certificate of occupancy for the first structure on each proposed lot (instead of tied to the final plat). Ditches Laterals and Canals: There are several irrigation laterals, creeks, ditches that bisect this parcel. Per MCC 12-4-13, all irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled. Due to the size, location and status of the canals bordering the site, they shall not be required to be tiled or covered. b. Staff Recommendation: Staffrecommends Approval ofPP-05-042 for Weed and Pest Control Campus Subdivision as presented in the staff report dated October 6, 2005 based on the Findings of Fact as listed in Exhibit C as attached to this report. Staff has prepared findings consistent with this recommendation. 10. PROPOSED MOTION Recommend Approval I move to approve File Number PP-05-042 as presented staff report dated November 1, 2005 with the preliminary plat dated August 3, 2005 subject to the conditions of approval as listed in WEED AND PEST CONTROL SUBDlVISION PP-05-042 PAGE 5 ( CITY OF MERfDIAN PLANNING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533 Exhibit B. Denial I move to deny File Number PP-05-042 as presented in staffreport dated November 1, 2005 with the preliminary plat dated August 3,2005 for the following reasons: (you must state specific reasons for denial. They should address how the applicant might re-do the application to gain your reconunendation for approval.) 11. EXHIDITS A. Drawings ]. Preliminary Plat (dated: August 3,2005) 2. Landscape Plan (dated: August 16,2005) 3. Legal Description B. Conditions of Approval 1. Plalilling Department 2. Public Works Department 3. Fire Department 4. Parks Department 5. Ada County Highway District C. Required Findings from Zoning Ordinance WEED AND PEST CONTROL SUBDIVISION PP-05-042 PAGE 6 CITY OF MERIDIAN DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533 A. Drawings 1. Preliminary Plat (dated: August 3,2005) '-- _ _ .c=--...... ~I ~ / ,-1 -- -- - - - -!i if 'i ~ ~,--- W htl Ii ~ ~~ ~ 111111![[!!! !1;!'.I~..J IIIi ItHft] I) mummn~nWHU IWIUUfll- 'l;:I)n~ Jm~ fn J) i g I~:I f A H !ii r _~~ II I :~ u ~~ II II II il ~~ ~fif!f; mliIH lPI l!!j'B . f "Ill! (i~JI;r f.l" if . ~ ~Jlll_ lffl<ff rAI I ~ r iltH <iid[. Ii! Ii n J rJI!l fHlfil I~J h ! 1:lfi !~}llfi Iff .1 i j'M iJ;fiH ~!i ~ rill: mu~~ O! !r I~f:f ilN'~ fir rl . ~i~l Xi i~ip ~i!m~d !iU[ft~r ~it~~~i!~ i~i i!!I~i JoJ ~~~j Af'O,.UJO;t~OfTH(Nt: If.4SElf.1 EEC1lCti7. 13 H, n I if.. &Y WEED AND PEST CONTROL SUBDIVISION PP-05-042 PAGE 7 CITY OF MERIDIAN PLANNlNG DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533 WEED AND PEST CONTROL SUBDIVISION PP-05-042 PAGE 8 { CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533 3. Legal Description (Signed by Ronald Hodge, PLS August 3,2005) Project: 10-05.058 Date: August 3. Z005 That Jrortion of the Northeast l'< of the Southeast Y. of Section 7, Township 3 North. Range 1 East, Boise Meridian. Ada County. Idaho, and more particularly described as (allows: Commencing at the East ';' corner of Section 7; thence along the Northerly boundary o( the Southeast y. o( said section, South 89'l3'4r West, 90B.99 feet to the POINT OF BEGINNING; thence South 00'Z6'O' East, 50.31 feet; thence along a nan.tangent curve to the left 3,35 feet. haVing a radius of 35.00 (eet, and a long chord which bears South 24' ]4'28' East, ].35 feet; thence South 21 . 47'45' East, 110.70 feet; thence South 15'111'03" East. 64.30 feet; thence along a non. tangent curve to the right 6.60 feet, havIng a radius of ZOO,OO feet, and a tong ,-hard which bears South 14'Z1'33" East. 6.60 feet to the Northwest corner of Railside Park Subdivision; thence along the Westerly boundary of said subdivision, 50uth 01'22'13" West. 657.27 feet; thence North lIa'SBB" West, 100.00 feet; thence South 01 "22'2]" West. ]16,00 feet; thence North 8B" 53'58" West, 363.77 reet to the Easterly boundary of Onwiler SubdiVision; thence along said boundary. North 00']0'56" East, 1,185.52 feet to the Northerly boundary of the Southeast y. of Section 7; thence along said boundary. North 89' ]3'4r Ean, 414.86 feet to the POINT OF BEGINNING. Containing 12.012 acres. mare or less. Prepared by: J.U.B ENGINEERS. Inc Ronald M. Hodge, P.LS. WEED AND PEST CONTROL SUBDIVISION PP-05-042 PAGE 9 ( C.ITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533 B - Conditions of Approval 1. Planning Department. PRELIMINARY PLAT SITE SPECIFIC CONDITIONS: 1. Per MCC 12-13-10-4, maintain a 25-foot wide street buffer along Pine Avenue. All required street buffers shall be located beyond any future right-of-way. Show easements for all required buffers on the final plat. 2. All landscape buffers shall be constructed prior to the issuance of any Certificate of Occupancy within the subdivision. 3. A perpetual vehicular cross access easement shall be provided to all lots within the subdivision. Said cross access shall be depicted on the final plat for Weed and Pest Control Campus Subdivision. 4. A detailed fencing and landscape plan, in compliance with MCC 12-13, shall be submitted with the final plat application. 5. Any tree over 4" in caliper that is removed from the property shall be replaced by installing additional trees, being the equivalent number of caliper inches of trees that were removed, unless deemed unnecessary by the City Arborist per Ordinance 12-13-13. Required landscaping trees will not be considered as replacement trees for those trees that have to be removed. The applicant shall submit a tree removal/preservation plan at least 10 days prior to the City Council hearing. 6. Provide five-foot-wide sidewalks throughout development in accordance with City Ordinance. 7. All uses shall be required to obtain conditional use approval. 2. Public Works Site Soecific Conditions: 1. There is sanitary sewer available in E. Commercial Street, East Pine Avenue, and on the southern boundary of this project. The preliminary plat indicates only extension of the main in E. Commercial Avenue without service being shown to the northern most lot. The applicant shat! install all mains necessary to serve this development, coordinate main size and routing with Public Works. Cover over sanitary sewer mains shall be no less than three-feet from finish grade to the top of the pipe. If cover is less than three-feet from the sub-grade to the top of pi pe alternate pipe materials shall be used per Meridian Public Works Standard Specifications. 2. Water is being proposed via extension of mains located in E. Commercial Avenue. The applicant shall be responsible to install all mains necessary to serve this development. A connection in Pine Avenue to loop the system may be required to gain any necessary fire flows that may be required for this project. Applicant to coordinate main size and routing with the Public Works Department. 3. The applicant shall execute Meridian's Standard Form of easements for any mains that are required to provide service. WEED AND PEST CONTROL SUBDIVISION PP-OS-042 PAGE 10 \ CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533 4. No construction will be aU owed in the Five Mile floodway. The remainder of the subject property is located in the floodplain and will be subject to all applicable regulations found in Section 10-6-5 of the MCC. 5. Underground, year-round pressurized irrigation must be provided to all landscape areas on site. If the system is going to be a private system, then plans and specifications will be reviewed as part of the construction plan review, with a draft operations and maintenance manual being submitted prior to construction plan approval. If the system is to be owned and operated by an Irrigation District, evidence of a license agreement shall be submitted prior to scheduling of a pre-construction meeting. 6. All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per City Ordinance 12-4- 13. The ditches to be piped should be shown on the site plans. Plans will need to be approved by the appropriate irrigation/drainage jurisdiction, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. 7. All storm and drainage water must be retained on site. A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. Storm water treatment and disposal must be designed in accordance with Department of Environmental Quality 1997 publication Catalog of Storm Water Best Management Practices for Idaho Cities and Counties and City of Meridian standards and policies. Off-site disposal into surface water is prohibited unless the jurisdiction which has authority over the receiving stream provides written authorization prior to development plan approval. The applicant is responsible for filing all necessary applications with the Idaho Department of Water Resources regarding Shallow Injection Wells. 8. No drainage facilities are shown on the preliminary plat for E. Commercial Avenue. Revise the preliminary plat to show how storm drainage for this road will be disposed of. 9. All construction shall conform to the requirements of the Americans with Disabilities Act. 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. A letter of credit or cash surety in the amount of 110% will be required for all uncompleted fencing, landscaping, amenities, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the final plat. 12. Assessment fees for water and sewer service are determined during the building plan review process. 13. Applicant shall be responsible for application and compliance with any NPDES Permitting that may be required by the Environmental Protection Agency. 14. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. WEED AND PEST CONTROL SUBDIVISION PP-05-042 PAGE II CITY OF MERIDIAN DEPARTMENT STAFF REPORT. CALL (208) 884-5533 15. The applicant's engineer shall be required to submit a signed, stamped statement certifying that all street finish centerline elevations are set a minimum of three feet above the highest established normal groundwater elevation. 16. Coordinate fire hydrant placement with the City of Meridian Public Works Department. 17. Two-hundred-fifty-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 andlor fire hydrants. Final design locations and quantity are determined after power designs are completed by Idaho Power Company. The street light contractor shall obtain design and permit from the Public Works Department prior to commencing installations. 18. Compaction test results shall be submitted to the Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 3. FIREDEPARTMENT 1. Acceptance of the water supply for fire protection will be by the Meridian Fire Department and water quality by the Meridian Water Department for bacteria testing. 2. Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 W' outlet face the main street or parking lot aisle. b. The Fire hydrant shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works spec. d. Locations with fire hydrants shall have the curb painted red 10' to each side of the hydrant location. e. Fire Hydrants shall be placed on comers when spacing penuits. f. Fire hydrants shall not have any vertical obstructions to outlets within 10'. g. Fire hydrants shall be place 18" above finish grade. h. Fire hydrants shall be provided to meet the requirements of the IFC Section 509.5. 3. All entrance and internal roads shall have a turning radius of 28' inside and 48' outside radius. 4. For all Fire Lanes, paint the curb red and provide signage "No Parking Fire Lane". 5. Insure that all yet undeveloped parcels are maintained free of combustible vegetation. 6. Operational fire hydrants, temporary or permanent street signs and access roads with an all weather surface are required before combustible construction is brought on site. 7. Building setbacks shall be per the International Building Code for one and two story construction. 8. The roadways shall be built to Ada County Highway Standards cross section requirements and shall have a clear driving surface, available at all times, which is 20' wide. Streets with less than a 29' street width shall have no parking. Streets with less than 33' shall have parking only on one side. These measurements shall be based on the face of curb dimension. 9. Commercial and office occupancies will require a fire-flow consistent with the International Fire Code to service the proposed project. Fire hydrants shall be placed per Appendix D. WEED AND PEST CONTROL SUBDIVISION PP-05-042 PAGE 12 ( CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533 10. Maintain a separation of 5' from the building to the dumpster enclosure. 11. Provide a Knoxbox entry system for the complex prior to occupancy. 12. The first digit of the Apartment/Office Suite shall correspond to the floor level. 13. All aspects of the building systems (including exiting systems), processes & storage practices shall be required to comply with the Intemational Fire Code. 14. All portions of the buildings located on this project must be within 150' of a paved surface as measured around the perimeter of the building. 15. Provide exterior egress lighting as required by the Intemational Building & Fire Codes. 16. Where a portion of the facility or building hereafter constructed or moved into or within the jurisdiction is more than 400 feet (122 m) from a hydrant on a fire apparatus access road, as measured by an approved route around the exterior of the facility or building, on-site fire hydrants and mains shall be provided where required by the code official. For buildings equipped throughout with an approved automatic sprinlder system installed in accordance with Section 903.3.1.1 or 903.3.1.2 the distance requirement shall be 600 feet (183). a. For Group R-3 and Group U occupancies, the distance requirement shall be 600 feet (183 m). b. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2, the distance requirement shall be 600 feet (I 83 m). 17. There shall be a ftre hydrant within 100' of all fire department connections. 18. Please contact the Fire Marshal (Rich Green 884-1737) to work specific issues associated with tIns project as soon as possible. 4. Meridian Parks 1. Standard for Mitigation of trees: The standard established in the City of Meridian Landscape Ordinance (MCC 12-13-13-6) will be followed. 2. Pathway and Trail standards: The proposed pathway and/or trail shall meet the standards as set forth in the August 2003 Comprehensive Parks and Recreation System Plan, pgs. 3-2 and 3-3, sections B & c. 3. Standard for City to assume Maintenance of a section of Pathway: The pathway must connect from one major arterial to another, and either an easement or ownership deed must be granted before the city will assume the maintenance of any section of pathway. 5. ACHD Conditions of Aooroval ACHD Site Specific Conditions of Approval 1. The applicant shall do one of the following: WEED AND PEST CONTROL SUBDIVISION PP-05-042 PAGE 13 ( CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT. CALL (208) 884-5533 a. Dedicate by donation a total of37-feet of right-of-way (from the centerline) along Pine Avenue, and construct a minimum 5-foot wide concrete sidewalk along Pine Avenue, located a minimum of 30-feet from the centerline of the right-of-way. b. Do not dedicate additional right-of-way, but construct a minimum 5-foot wide concrete sidewalk along Pine Avenue, located a minimum of 37-feet from the centerline of the right-of-way, in an easement provided to the District c. Do not dedicate additional right-of-way, but construct a minimum 5-foot wide concrete sidewalk along Pine Avenue, located at the back edge of the existing right-of-way. Accomplish all necessary adjustments to properly accommodate existing drainage and utili ties. 2. Construct a (40-foot wide maximum) driveway that intersects Pine Avenue approximately 150- feet east of the west property line and align the driveway with Stonehenge Way (centerline to centerline), and pave the driveway its full width and at least 30-feet into the site beyond the edge of pavement of the roadway and install pavement tapers with IS-foot radii abutting the roadway edge. 3. Extend Commercial Avenue from the east property line and extend it to the west property line. Construct a temporary turnaround at the terminus of Commercial Avenue. Install a sign at the terminus of Commercial Avenue stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE" . 4. Construct Commercial Avenue as a 40-foot street section with curb, gutter and sidewalk within 54-feet of right-of-way. The curves shall have a minimum of 500-foot radius or 100-foot tangent between the curves. 5. Other than the access point that has specifically been approved with this application, direct lot access to Pine Avenue is prohibited. Notes of this access restriction shall be noted on the plat. 6. Comply with all Standard Conditions of Approval. ACHD Standard Conditions of Approval 1. Any existing iITigation facilities shall be relocated outside of the right-of-way. 2. Private sewer or water systems are prohibited from being located within any ACHD roadway or right-of-way. 3. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 4. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 5. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details. WEED AND PEST CONTROL SUBDTVISION PP-05-042 PAGE 14 { CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533 6. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and celtify all improvement plans. 7. The applicant shall submit revised plans for staff approval, prior to issuance of building pennit (or other required pemilts), which incorporates any required design changes. 8. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prim' to District approval for occupancy. 9. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #200, also known as Ada County Highway District Impact Fee Ordinance. 10. It is the responsibility of the applicant to verify all existing utilities within the right-of-way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1-800-342-1585) at least two full business days prior to breaking ground within ACHD ri.ght-of-way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 11. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 12. Any change by the applicant in the plmmed use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject propelty unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. WEED AND PEST CONTROL SUBDIVISION PP-05-042 PAGE 15 ( CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533 C. Preliminary Plat Findings: In detennining the acceptance of a proposed subdivision, the Council and Commission shall consider the objectives ofthis Title and at least the following; A. The conformance of the subdivision with the Comprehensive Development Plan; The Council finds that the designated Comprehensive Designation is Industrial. The property is existing industrial zoning and is consistent with the Comprehensive Plan. B. The availability of public services to accommodate the proposed development; The Council finds that this development will not cause excessive additional requirements at public cost. The property has existing sewer and water stubs served adequately by all essential public facilities and services in East Commercial Avenue. The applicant shall be required to extend water and sanitary sewer mains to and through the proposed development, thereby making them available to the adjacent properties. C. The continuity of the proposed development with the capital improvement program; The Council finds that the subdivision will not conflict with the capital improvement plan. Because the developer is installing sewer, water, utilities and irrigation, the subdivision will not require the expenditure of capital improvement funds. D. The public financial capability of supporting services for the proposed development; and The Council finds that the development will not require major expenditures for providing supporting services. See item b. E. The other health, safety or environmental problems that may be brought to the Commission's attention. The Council finds that there should not be any other health, safety or environmental problems associated with this subdivision that should be brought to the Council or Commission's attention. ACHD considers road safety issues in their analysis. No hazardous natural features have been identified on the site. WEED AND PEST CONTROL SUBDIVISION Ppw05-042 PAGE 16 ** TX CONF I R~hd ON REPORT ** AS OF OCT 18 09: 00 PAGE. 01 CITY OF MERIDIAN DATE T I ME TO/FROM MODE M I N/SEC PGS CMD!:l STF=tTUS ----~:_--=~~=~-~~~~~-~~~~~=:_-------------_:====---~~~==~-~~=-----=~:_---~~----------------- 1/t,{tjL FI/JI-- In- (Jh/fy/;'2- IIoh~ - n~4J NOTICE OF AUCTION NOTICE IS HERBy GIVEN pursuant to the Ordinances of the City of Meridian and the Laws of the State OfIdaho, that the City Council of the City of Meridian will hold a public auction at the Meridian City Hall, 33 East Idaho Avenue, Meridian, Idaho, at the hour of3:00 p.m. on Wednesday, November 2,2005, fOTthe sale ofswplus property located at Lot 63 Block 14 in Thousand Springs Subdivision No.5, Ada County, Idaho to the highest bidder and that no bids shall be accepted for less than the minimum declared value of$3,500.00 for the City ofMeridiall as per Idaho State Code 50-1403. For any additional information on the property and auction tenns and conditions (fannal bid package), please contact the City Clerks Office at 208~888-4433. DATED this 10th of October, 2005. PUBLISH October 17th and 31st, 2005. ?\c-o..g{... ?o e\- ? u 6\.:LG ~ tJ\..1. U..> - '\h.CLr\.k." \ , CITY OF MERIDIAN CITY COUNCIL MEETING AGENDA Tuesday, November 1, 2005 at 7:00 p.m. City Council Chambers 33 East Idaho Avenue, Meridian, Idaho 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 Brian Yeager with The Experience: 4. Adoption of the Agenda: 5. Consent Agenda: A. Approve Minutes of September 13, 2005 Pre-Council Meeting: B. Approve Minutes of October 1 B, 2005 City Council Regular Meeting: C. Approve Minutes of October 4,2005 Pre-Council Meeting: D. Approve Minutes of October 11, 2005 City Council Regular Meeting: E. Findings of Fact and Conclusions of Law for Charaina Turn on Fee: Pretermination Hearing for Ryan Wixson at 4343 East English: F. Amendment for On-call GIS Services with HDR Enaineerina. Inc.: G. Autumn Faire Well Lot Landscaoina Contracts with Sunshine Landscape: Meridian City Council Meeting Agenda - November 1, 2005 Page 1 of 3 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Ii. Development Agreement: AZ 05-032 Request for Annexation and Zoning of .56 acres from R6 to L-Q zone for West Carol Street Professional Center by James and Carrie Jewett - 1560 Carol Street: Resolution No. : Declaring the Intent of the City of Meridian to Convey to the Ada County Hiahway District for Riaht of Wav Purposes Certain Real Property Located Adjacent to Settlers Park at Ustick and Meridian Roads in the City of Meridian: J. Notice of 2005 General Election Judaes and Clerks: 6. Department Reports: A. City Council President - Shaun Wardle: 7. Items Moved from Consent Agenda: 8. FP 05-063 Request for Final Plat approval for 9 single-family residential building lots and 1 common area lot on 2.74 acres in a R-4 zone for The Enclave Subdivision by The Enclave, LLC - 2620 South Locust Grove Road: 9. FP 05-064 Request for Final Plat approval of 52 residential building lots and 13 common lots on 16.61 acres in a R-8 zone for Bellinaham Park Subdivision No.1 by Bellingham Park; LLC - Locust Grove Road south of Victory Road: 10. AP 05-003 Request for Appeal of the Planning and Zoning Commission's denial of Banff Subdivision Preliminary Plat by Landworks, LLC - 675 South Under Road: 11. Public Hearing: AZ 05-033 Request for Annexation and Zoning of 3.02 acres to R-8 zone for Banff Subdivision by Landworks, LLC - 675 South Under Road: 12. Public Hearing: CUP 05-036 Request for a Conditional Use Permit / Planned Development to allow reduced lot sizes, setbacks, frontage and minimum ground floor square footage for Banff Subdivision by Landworks, LLC - 675 South Under Road: 13. Public Hearing: PP 05-042 Request for Preliminary Plat approval of 3 building lots and 1 common lot on 10.85 acres in a I-L zone for Weed and Meridian City Council Meeting Agenda - November 1, 2005 Page 2 of 3 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings. please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Pest Control Campus Subdivision by Ada County - on East Pine Avenue west of North Locust Grove Road: 14. Public !-Iearing: PP 05-044 Request for Preliminary Plat approval of 60 single-family residential building lots and 4 common area lots on 23.9 acres in a R-4 zone for BridCletower Crossina Subdivision No. 14 by Primeland Development, LLP - north of West Ustick Road and west of North Linder Road: 15. Public Hearing: VAR 05-021 Request for a Variance to allow three access points onto Eagle Road for Kohl's Department Store by W.H. Moore - NWC of North Eagle Road and East Ustick Road: 16. Ordinance No. : AZ 05-032 Request for Annexation and Zoning of .56 acres from R6 to L-Q zone for West Carol Street Professional Center by James and Carrie Jewett - 1560 Carol Street: Meridian City Council Meeting Agenda - November 1, 2005 Page 3 of 3 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings. please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. --...---------.....------.........---------------.....-------.........------.......------.......------------------------------- .RMATlON REPORT ** DATE TIME TO/FROM 07 10/28 14:50 PUBLIC WORKS 08 HI/28 14: 51 8848723 09 10/28 14:53 POLICE DEPT 10 10,28 14: 54 8SS5S01 11 10/28 14:56 LIBRARY 12 10/28 14: 57 92083776449 13 11::1.'28 14: 58 3886924 14 10,28 15:00 P-AND-Z 15 10/28 15:01 FIRE DEPT 16 10'28 15:03 128300040 17 18/28 15:85 208 387 6393 18 10'28 15:06 ADA CTY DEVELMT 19 10'28 15'07 2088885la52 20 10,28 15:09 LAKEV[EW GDLFCOU 21 10,28 15: 11 IDAHO ATHLETIC C 22 10,28 15: 13 [D PRESS TRIBUNE 23 10,28 15' 14 2088886701 24 10/28 15: 19 8841159 25 10/28 15:20 2088840744 26 lla'28 15:22 ALL AMERICAN INS MODE MIWSEC PG5 EC--S 00'51" 003 EC--5 00' 51" 003 EC--S 00'52" eoo EC--S 00' 51" 803 EC--S 01 '04" 003 EC-S 00'51" 003 EC--S 00'52" e03 EC--S 0a'51" 003 EC--S 00' 51" 003 G3--S 01' 06" 003 EC--S 00' 51" 0133 EC--S 00' 51" 003 EC--S 00' 52" 003 G3--S 01' 48" 003 EC--S 010' 51" 1003 EC--S 00'51" 1003 EC--S 00'52" 10103 EC-S ela'52" 000 EC--5 00'53" 003 EC--S 00'51" 003 CMDIl STATUS 034 OK 034 OK 034 OK 1334 OK 834 OK 034 OK 034 OK 034 OK 034 OK 034 OK 034 OK 034 OK 834 OK 034 OK 034 OK 034 OK 034 OK 034 OK 034 OK 034 OK 'Pk'_o..H- 'POet- +Or 'PU~LQ... tJtl\..1.UJ-j h..Cu'\ll.S\I CITY OF MERIDIAN CITY COUNCIL MEETING AGENDA Tuesday, November 1, 2005 at 7:00 p.m. City Council Chambers 33 East Idaho Avenue, Meridian, Idaho 1. Roll-call Attendance: - Shaun Wardle _ Christine Donnell ~ Charlie Rountree _ Keith Bird - Mayor Tammy de Weerd 2. Pledge of Allegiance: Community Invocation by Pastor Brian Ye<lgerwith The ExperienCE!: 4. Adoption of the Agenda: Consent Agenda: A Approve Minutes of September 13,2005 Pre-Council Meeting: :~~~; Minutes of October 18, 2005 City Council Regular B. C. Approve Minutes of October 4, 2005 Pre-Council Meeting: ~~~~~:: Minutes of October 11, 2005 City Council Regular D. E. Fin~ings of F~ct ~nd Con~lusions of Law for Charaina Turn on ~ii:::etermrnatlOn Heanng for Ryan WilCson at 4343 East F. t;;;:ndment for On-call GIS Services with HDR Enoineering, G. Autumn Faire Well Lot LandscaDino Contracts with Sunshine LandscaDe; ,,~:;~;1~~1~~5:1~~:?{~~~~~~~1~:;",