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HomeMy WebLinkAbout2005-10-18 PRE-COUNCIL MEETING AGENDA Tuesday, October 18, 2005, at 6:30 p.m. City Council Chambers 33 East Idaho Avenue, Meridian, Idaho 1. Roll-call Attendance: ~ Shaun Wardle ~ Christine Donnell ~ Charlie Rountree ~ Keith Bird -L Mayor Tammy de Weerd 2. Adoption of the Agenda: "Although the City of Meridian no longer requires sworn testimony, all presentations before the Mayor and City Council are expected to be truthful and honest to best of the ability of the presenter. " 3. Presentation to Discuss Preliminary Findings and Seek Public Involvement in the Planning Process for the All Hazards Mitigation Plan for Ada County with Toby Brown from Northwest Management, Inc.: Presented (20 minutes*) * Approximate allowable time set for agenda item may change depending on the discussion. Please us the designated minutes as a guideline only. Meridian City Council Pre-Council Meeting Agenda - October 18, 2005 Page 1 of 1 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. ~;;dla-n' ~~ ~_" IDAHO;]! ~n: PREwCOUNCIL MEETING AGENDA Tuesday, October 18,2005, at 6:30 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. Adoption of the Agenda: '~/though the City of Meridian no longer requires sworn testimony, all presentations before the Mayor and City Council are expected to be truthful and honest to best of the ability of the presenter. " 3. Presentation to Discuss Preliminary Findings and Seek Public Involvement in the Planning Process for the All Hazards Mitigation Plan for Ada County with -=Frey Brown from Northwest Management, Inc.: Tob:1 (20 minutes*) * Approximate allowable time set for agenda item may change depending on the discussion. Please us the designated minutes as a guideline only. Meridian City Council Pre-Council Meeting Agenda - October 18, 2005 Page 1 of 1 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. October 14, 2005 MERIDIAN CJTY COUNCIL MEETJNG APPLICANT October 18, 2005 ITEM NO. 3 REQUEST Presentation to discuss preliminary findings and seek public involvement in the planninl';; process for the All Hazards Mitigation Plan for Ada County with Troy Brown from Northwest Management Inc. AGENCY See attached CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDJNG 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: I DAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: COMMENTS /19 b 6) frr7; t-J tv' 1~ Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meetings shall become property of the City of Meridian. Will Berg From: Sent: To: Subject: Toby Brown [Brown@consulting-foresters.com] Friday, September 30, 2005 12:46 PM Toby Brown Ada County AHMP Public Meetings Press Release PM.pdf; Press Release PM.doc; Ada-Flyer-9-28-05.pdf Attachments: ~ Press Release Press Release Ma-Flyer-9-28-05.p PM.pdf (87 KB) PM.doc (44 KB) df (197 KB)... All, Earlier this week Diane sent out the announcements for next weeks public meetings. I have attached them again just in case you missed the previous e-mail. This is a great opportunity to also get some of the local elected leaders and officials in your community to attend the meetings and get involved in the process. The public meetings take the format of the first two committee meetings in abbreviated form. A general overview of what we are doing and why along with what ideas the committee have already come up with. I then try and engage the group in a discussion of what impacts they have felt from hazards in the past and what ideas they have on how their communities can prepare for these hazards. Please post these announcements around your offices or talk to your colleagues about attending the meetings. Thanks TRB Toby R. Brown Forester Northwest Management Inc. 233 Palouse River Dr. PO Box 9748 Moscow ID 83843 208-883-4488 (office) 208-659-6730 (cell) 208-883-1098 (fax) 233 Palo use River Drive PO Box 9748 Moscow, ID 83843 (208) 883-4488 (208) 883-1098 fax nwma naae!Cilconsultina-foresters.com www"consultina-foresters"com Northwest Management, Ineo Press Release From: William E. Schlosser, All Hazards Mitigation Plan for Ada County Date: September 26, 2005 RE: County Hazard Mitigation Plan Begins! All Hazards Mitigation Plan Project The Ada County All Hazards Mitigation Plan has been launched to complete an All Hazards Mitigation Plan for Ada County as part of the FEMA Pre Disaster Mitigation program. Hazard mitigation planning is a collaborative process whereby hazards affecting the community are identified, vulnerability to the hazards is assessed, and consensus reached on how to minimize or eliminate the effects of these hazards. In recognition of the importance of planning, States and Counties with an approved Mitigation Plan in effect at the time of disaster declaration may receive additional Hazard Mitigation Grant Program (HMGP) funding. In addition the Pre-Disaster Mitigation (PDM) program provides technical and financial assistance to States and local governments for cost-effective pre-disaster hazard mitigation activities that complement a comprehensive mitigation program and reduce injuries, loss of life, and damage and destruction of property. The Ada County All Hazards Mitigation Plan wilt include assessments to local communities for Wildfire, Flood, Earthquake, Severe Weather and Landslides. The local contact for this effort is Ada County Emergency Management Director Doug Hardman. Northwest Management, Inc. has been retained by the SW Idaho RC&D Council Inc. on behalf of the county to provide risk assessments, mapping, field inspections, interviews, and to collaborate with the committee to prepare the plan. The coordinating team includes fire districts, land managers, elected officials, City and County departments, community members and others. Northwest Management specialists will conduct an analysis and make recommendations for potential treatments to mitigate the loss potential from various natural hazards. One of the first steps in gathering information about risk in the county is to conduct a homeowner's survey. Northwest Management, Inc., in cooperation with the planning committee, will be mailing a brief survey to randomly selected homeowners in the county seeking details about home construction materials, proximity to water sources, and past experiences with hazards in the county. This survey is very important to the success of the plan. Those homes that receive a survey are asked to please take the time to complete it thereby benefiting the community overall. The planning team will be conducting Public Meetings in early October to discuss preliminary findings and to seek public involvement in the planning process. The list of dates locations and times is below. For more information on the All Hazard Mitigation Plan project in Ada County contact Northwest Management, Inc. Project Director Dr. William Schlosser at (208) 883-4488 or Ada County Emergency Management Director Doug Hardman at (208) 577- 4750. October 3, 7;00 PM to 9:00 PM, Monday Garden City Hall 6015 Glenwood Dr Garden City October 4,7:00 PM to 9:00 PM, Tuesday Ada County Courthouse 200 W. Front St. Boise October 5, 7:00 PM to 9:00 PM, Wednesday Eagle Fire Department 966 E Iron Eagle Dr Eagle October 4, 1 :00 PM to 3:00 PM, Tuesday Eagles Lodge 115 7025 Overland Road Behind Overland Park Shopping Center October 5,12:00 PM to 1;30 PM, Wednesday Kuna Senior Center 229 Ave B. Kuna (during senior luncheon, lunch is available for a fee) 233 Palouse River Drive PO Box 9748 Moscow, 10 83843 (208) 883-4488 (208) 883-1098 fax nwma n ao e{a)consultino-fo resters. com WNW.cons u Iti no-foresters. com Northwest Management, Inc. Press Release From: William E. Schlosser, All Hazards Mitigation Plan for Ada County Date: September 26,2005 RE: County Hazard Mitigation Plan Begins! All Hazards Mitigation Plan Project The Ada County All Hazards Mitigation Plan has been launched to complete an All Hazards Mitigation Plan for Ada County as part of the FEMA Pre Disaster Mitigation program. Hazard mitigation planning is a collaborative process whereby hazards affecting the community are identified, vulnerability to the hazards is assessed, and consensus reached on how to minimize or eliminate the effects of these hazards. In recognition of the importance of planning, States and Counties with an approved Mitigation Plan in effect at the time of disaster declaration may receive additional Hazard Mitigation Grant Program (HMGP) funding. In addition the Pre-Disaster Mitigation (PDM) program provides technical and financial assistance to States and local governments for cost-effective pre-disaster hazard mitigation activities that complement a comprehensive mitigation program and reduce injuries, loss of life, and damage and destruction of property. The Ada County All Hazards Mitigation Plan will include assessments to local communities for Wildfire, Flood, Earthquake, Severe Weather and Landslides. The local contact for this effort is Ada County Emergency Management Director Doug Hardman. Northwest Management, Inc. has been retained by the SW Idaho RC&D Council Inc. on behalf of the county to proVide risk assessments, mapping, field inspections, interviews, and to collaborate with the committee to prepare the plan. The coordinating team includes fire districts, land managers, elected officials, City and County departments, community members and others. Northwest Management specialists will conduct an analysis and make recommendations for potential treatments to mitigate the loss potential from various natural hazards. One of the first steps in gathering information about risk in the county is to conduct a homeowner's survey. Northwest Management, Inc., in cooperation with the planning committee, will be mailing a brief survey to randomly selected homeowners in the county seeking details about home construction materials, proximity to water sources, and past experiences with hazards in the county. This survey is very important to the success of the plan. Those homes that receive a survey are asked to please take the time to complete it thereby benefiting the community overall. The planning team will be conducting Public Meetings in early October to discuss preliminary findings and to seek publiC involvement in the planning process. The list of dates locations and times is below. For more information on the All Hazard Mitigation Plan project in Ada County contact Northwest Management, Inc. Project Director Dr. William Schlosser at (208) 883-4488 or Ada County Emergency Management Director Doug Hardman at (208) 577- 4750. October 3, 7:00 PM to 9:00 PM, Monday Garden City Hall 6015 Glenwood Dr Garden City October 4, 7:00 PM to 9:00 PM, Tuesday Ada County Courthouse 200 W. Front St. Boise October 5, 7:00 PM to 9:00 PM, Wednesday Eagle Fire Department 966 E Iron Eagle Dr Eaole October 4, 1 :00 PM to 3:00 PM, Tuesday Eagles Lodge 115 7025 Overland Road Behind Overland Park Shopping Center October 5, 12:00 PM to 1 :30 PM, Wednesday Kuna Senior Center 229 Ave B. Kuna (during senior luncheon, lunch is available for a fee) Ada County, Idaho All Hazards Mitigation Plan Public Garden City: October 3rd, 7:00 PM, Garden City Hall, 6015 Gleenwood Dr. Boise: October 4th, 1 :00 PM, Eagles Lodge 115, 7025 Overland Road. Boise: October 4th 7;00 PM, Ada County Courthouse, 200 W Front St. Boise Kuna: October 5th 12:00 PM Kuna Senior Center, 229 Ave B Eagle: October 5th 7PM Eagle Fire Station, 966 E Iron Eagle Drive Southwest Ida ho Resource Conservation and Development I These public meetings will address the All Hazards Mitigation Plan for our communities. These meetings are open to the public and will include slideshow presentations from hazard mitigation specialists working on the Ada County All Hazards Mitigation Plan. Public input is being sought in order to better frame the County's efforts of hazard mitigation treatments, resource enhancements, and prepardness. Each meeting will last for approximately 1.5 hours. Please attend and participate! Discuss YOUR priorities for how our communities can best mitigate these risks. These meetlngs will last for approximately 1.5 hours and include refreshments, a slideshow, information on the planning process, and schedules for completion. We want your input. Topics of discussion include: . Wildfires . Floods . Severe Weather . Landslides/Earthquakes . Infrastructure Resilence For more information on Hazard Mitigation Plan projects in Ada County, contact Ada County Emergency Management Director Doug Hardman 208-577-4750, or Toby R. Brown at the Northwest Management, Inc., office in Moscow at 208-883-4488. We'll see you there! November 18, 2005 MERIDIAN CITY COUNCIL MEETING APPLJCANT November 22, 2005 ITEM NO. 5-A REQUEST Approve minutes of October 18, 2005 Pre-Council Meeting AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: a;rr~ Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meetings shall become property of the City of Meridian. Meridian City Pre-Council Meetinq October 18. 2005 The Meridian City Pre-Council meeting was called to order at 6:30 P.M. on Tuesday, October 18,2005 by Council President Shaun Wardle. Members Present: Mayor Tammy de Weerd, Keith Bird, Shaun Wardle, Charlie Rountree and Christine Donnell. Staff Present: Anna Canning, Ted Baird, Bill Musser, Len Grady, Kenny Bowers and Will Berg. Item 1. Roll-call Attendance: Roll call. ~Shaun Wardle -LChristine Donnell X Charlie Rountree X Keith Bird - ~ Mayor Tammy de Weerd Item 2. Adoption of the Agenda: Bird: Mr. President. Wardle: Mr. Bird. Bird: I move we adopt the agenda as published. Donnell: Second. Wardle: It's been moved and seconded to adopt the agenda as published. All in favor? ALL AYES. MOTION CARRIED. Item 3. Presentation to Discuss Preliminary Findings and Seek Public Involvement in the Planning Process for the All Hazards Mitigation Plan for Ada County with Toby Brown from Northwest Management, Inc.: Wardle: Toby if you would step to the podium. Brown: Weill wanted to thank you all for inviting me tonight. Just wanted to give a fairly brief about 20 minute overview of what the county is doing in regards to some All Hazards Mitigation Planning which incorporates the communities municipalities within the county as well. What we are doing here is called the All Meridian City Pre-Council Meeting October 18, 2005 Page 2 of 9 Hazard Mitigation Plan. I'm Toby Brown and this is my assistant Tyler, he's pushing the button on the slide show here to make sure we move along. What we are talking about with All Hazard Mitigation Planning is just like it states there, which is just trying to reduce or eliminate long-term risk to life and property from a variety of hazard events. Now the reason we are doing this - and take a look at what we can do in regards to policies, actions and tools to help do this. So were not just looking at asking people for money for new equipment. What we can do ourselves in regards to policies and actions in our own communities within the county to help prepare us for these things. Why we're doing this? As with many things it comes down to FEMA money and grant money. What this is is after the 1980's and 1990's which general federal response to hazards was always coming in afterwards and cleaning up the mess like we're doing down in New Orleans right now and paying for it. The stitch in time saves nine, those quite old fashioned comments that we have that we don't think about anymore which is sometimes a little bit of money in advanced to get things set up to save a lot of problems downstream as we like to say. So what FEMA has is several grant systems, one of which is the pre disaster mitigation grant and the other is the hazard mitigation grant and to be eligible for these grants funding counties have to have - is to put these together, every county in the country is required to have one to be eligible for these grants and it also makes you eligible for increase in funding if a disaster hits your county or area or city. So the hazards that we're taking a look at in this plan is wildfire, flooding, earthquakes and landslides and serve weather. We're doing this planning for a three county region, Elmore, Canyon and Ada County. We're actually contracted to the southwest RC and D, Bill Moore, is actually our contractor over sight and we are working with each county to form these policies. What we are doing is just a phase one just a hazard profile, where things fall out on a chart. For instance flooding and wildfires, historic impacted event, you've been impacted by wildfires and flooding in the past, frequency of occurrence happens quite often comes out in the high priority area. Say terrorism events, really haven't had historic impact of events but low frequency (inaudible) falls down here. In terms of 9 11 there's other issues involved with that now but we're not looking at terrorism. What we are looking at again is wildfire, landslides, flooding, sever weather and earthquakes. This was an article out of the Statesman just this September 21st about Boise weather (inaudible) we were ranked second as the safest weather city, not Boise but the Boise area. So you see these kinds of articles in the paper and they make us think that hey this is what happens in New Orleans happens other places, doesn't effect us here. But if we look a little farther back in the record we do have fires in the foothills that affect us. Smoke fire (inaudible). We have flooding just down by Eagle and notice the first word here, unprepared for rising waters. These things happen even though we have the second nicest weather in the nation. These things still come up and affect us and are impacting us constantly. Not just if you live along the river, farther away, Park Center Road, it can affect transportation our infrastructure. As you watch what happened in New Orleans, one of the big things they talked about was all the Meridian City Pre-Council Meeting October 18, 2005 Page 3 of9 infrastructure wiped out. You saw the interstates under the water and everything else. You couldn't get goods in, you couldn't get goods out. Floods effect more of the people that are build out of the flood zones. And with the Boise River running through here that's our major north south corridors. So if we loose those a lot of our water lines run across those bridges as well that would be compromised. Everyone says well we have dams; dams will stop the flooding of the Boise River. No those damns are there for a variety of reasons, one is flood control but they will not stop all floods or stop large floods. This is an article from the Statesman I believe it was in '98; I don't have the date right on there. But it talks about how that would occur and it talks about how the Bureau of Reclamation manages those damns and that flooding is possible even with the damns there. We've had flooding on the Boise since the damns have been put in. Weather, this was just in August 4th 2000, tornados, hail, lightning storm the valley. Fires, fell trees, power outages (inaudible) residents. One of the most common questions I asked of various communities and municipalities are how would you function for a week without electricity? How would you pump fuel for your emergency response vehicles? What would you do with your wellheads? Do they have alternative power? How many lift stations Meridian has? De Weerd: They don't like lift stations. Brown: There are 12 of them. As I understand only five have alternative generators. So if you lose power for awhile, you are going to have sections of town that has people are still using water, because you have big tanks water flowing in, you are could have sewer backing up in sections of town. What can cause powers to go out? Windstorms, flooding, electricity an earthquake. How would your city government function? How would your emergency function? All of these things are things that we don't think about as much now days because we are so used to having an electrical grid operate yet all these hazards can easily affect that. Speaking of earthquakes, here's Ada County right here, statewide we rank out as the high risk and a little bit is a moderate risk down to the South. This is based on underlined geology, the number of fault lines that run through the county. These are earthquakes that have happened that are higher than a 4.0 on the Richter Sale since 1996, most of them up towards the central part of the state over towards Yellowstone. Half of them with a fair frequency. You also have a paper just a couple weeks ago Cascade having earthquake issues. Those weren't felt down here and even though earthquakes aren't felt or right here in the county. Here's an earthquake that happened on July 25th centered in Dillon Montana it was a 5.6 on the Richter Scale. All these blue areas are various telephone zones where people had called in and said they felt the earthquake. All the way down here to Boise and Meridian. If you move to the next slide, people from Meridian called in saying that felt this earthquake from this zip code. 366 miles away from the earthquake epicenter, it was felt here in Meridian. Now that epicenter had been closer back to lets say the Challis quake when those were felt, back in 83, people remember those? They had large impacts. Not necessarily in this county but adjacent counties, there's a lot of Meridian City Pre-Council Meeting October 18, 2005 Page 4 of 9 wells stopped functioning after that earthquake. It affected their water supply. Lets go back to the previous slide. The other thing people forget is 1916 Boise was hit by an earthquake that dropped chimney's ruptured their gas mains, damaged the flow of (inaudible) irrigation ditches. This area has seen these kind of earthquakes, it's been awhile but they happen. You know New Orleans had never been hit directly by a hurricane before. Everybody said one day it could happen. We've been hit by earthquakes here we are in fault zones we have the damage here it can happen. Ok, so the FEMA plan. This is just what the FEMA plan requires; it requires adoption by local governments, county and city. When this plan is coming to (inaudible) we will come to the city asking the city to adopt the plan. We are meeting tomorrow morning at 9 am for a committee draft of the plan. We will go through two committee drafts of the plan. With a committee and members of your staff are on that committee. We will see it, review it, and add additional input. Will then come out with a public review period of that plan. When that public review period happens we'll bring a copy to the city for you all to review and look at. Give us your comments. After that what we do is go to the County Commissioners, who then say this looks complete, we are fairly comfortable with it and we send it to FEMA for what they call a pre-adoption review. No one's formally adopted it yet. They look over the whole plan to make sure it meets their requirements. Kind of a pre-grade. They send the plan back with any comments they have, we then incorporate those, go back to the committee, go back to the communities and say here it is, our final plan, what do you think? Any additions or tweaks? (Inaudible) looked at it with the overall information that is in there and ask you for formal adoption. When you formally adopt it, the city will get a letter saying you are eligible and your staff and departments are eligible to apply for these pre-disaster mitigation grants. Most of these grants are 75 / 25 matches. They could help to pay for a lot of things in infrastructure preparedness in getting your communities ready. So, multi (inaudible) planning, we identify all these hazards. We are going to look at that briefly here in a few minutes. We document the planning process, assess vulnerabilities; put all of these things into the plan, including monitoring the value and updating the plan in five year cycles, so they expect the cities to look at them on a five year basis, as well as a yearly basis. Implement through existing programs. This administration is very firm in that they don't want to see any knew divisions created and new employees and new kinds of things. They want to keep the structure that is there, not add any new overhead and of course, public involvement, which is why we held (inaudible) meetings around the county, which is why I am here tonight talking to you and keeping up with the public. On the committee are all these various departments and works and offices, along with Forest Service, BLM, Southwest Idaho ReND, and parks departments. We have invited everyone in the county who we felt had a stake in this and sit on the committee and provide comments. Public involvement; we did a public mail survey. We have gotten back 103 or 104 surveys that are incorporated in the plan. We asked a series of questions to people. How they have been affected? Meridian City Pre-Council Meeting October 18, 2005 Page 5 of9 What their preparedness is at a personal level. We add those in and it is a good educational tool. We did public meetings around the county. We did five meetings, plus we are doing this one here today. Of course, the public will have a chance to review the draft plan when it comes out. I want to stress it's just a draft, not a final. The chance for the public to give comments, as well as comments here today; afterwards the questions, we will get that included and answer questions and put that all into the plan. Treatment categories. What we are looking at is just people and structures; policy at the county level. What are we doing in regards to preparedness and policy, be it Planning and Zoning. Planning and Zoning, reducing risks to people and structures. What can we do for infrastructure protection? Power lines, roads and bridges, gas and water lines or watersheds or well beds. Emergency resources and capabilities. Does the Fire Department have what they need to respond? Do we have the communication systems and radios? Do we have the equipment to the vehicles? Do we have fuel storage that we can run if there is no power? Those are the things that we are looking at with these resource capabilities. Federal, state and local land management recommendations. This is usually more pertinent to counties that have a higher federal or state presence of ownership in the county. Would they have primary access roads running through Forest Service land? And making sure Forest Service helps maintain those corridors. We really don't have too many of those kinds of issues here in Ada County. So, just some large scale maps - I have some paper ones of these and they are kind of hard to see so we are just going to whip through - some of what we review at the committee levels, of course, are just a high altitude aerial photography map. Just an ownership map of the county. Green is Boise. Garden City, Star, Meridian is here. It's a little hard to see with these colors. Blue, of course, is state lands; yellow is BLM. This is the map that was on the wall. We have a blow-up by each community. This is a map showing your basic hazards in the county. The blue are the FEMA flood zones, the flood rate insurance maps that have probably heard something about and people will have to usually if they are getting a loan, get flood insurance for. These that have been highlighted in blue is the Boise River. Again, here is the Meridian in this area along Ten Mile Creek coming through the area. It is kind of hard to see at this scale - we will blow it up closer. The red areas are landslide prone landscapes, which are soils of geological where you can expect slides to happen, either small or large. Boise foothills, of course, people in the past who have lived here remember the fires in the '50's and the slides that happened - the mudslides afterwards in those issues. Doug is well aware of the issues that he has along the foothills here as people build homes and come through. There are some breaks here along the old river edges that provide some issues with small landslide potential and it's hard to see on this map, but a little closer in you will see these yellow lines and these green and orange lines - those are all the fault lines that run through the county. This yellow line is the Trans Challis Fault Line, this is the earthquake line that slipped in '83 where the two boys got killed in Challis, Idaho. That fault line runs right into this county; runs right through the foothills. That is an active fault line. Meridian City Pre-Council Meeting October 18, 2005 Page 6 of 9 These other fault lines are classified as being in the 130,OOO-year range, which geologically is considered an active fault line. Some of them are categorized as 1.6 million years. Those are considered low potential, medium to low potential and there is a 16 million year old fault lines, those are pretty much normal fault lines, not an issue. Fire prone landscapes - just a coloration map - yellow is kind of low impact for wild land fires, increased from orange to red of your higher impacts, just as we have seen in the past Boise foothills is some of your highest areas that are prone to burn, down around Meridian and in this area of course with the fields and agricultural burn and what we have done with the houses it's just not an issue for wild land fires and fire burning. We have all communities here - since we are in Boise and when I have time for question and answer we are just going to move ahead to the Meridian blowups, so here is Eagle, Star and Meridian. So, you can see some of these stripe lines coming right through the community. Those are our older fault lines. The orange ones here are 1.6 million year old fault lines, so they are not considered high, but they are considered kind of a medium to low. The green ones of course are the 16 million year old fault lines, so those are fairly low, not a big issue with those. Of course, the blue are your flood zones that run through the county and through Meridian. So, don't really have too much regards to soil movement and landslides just here along the breaks as you come down. Here is (inaudible). So, I have got a paper map that was on the wall, you could throw it back up so it is a little bit easier to look at sometimes. But, these are some of your issues. So, what I would like to call this preparedness is building the arc. What we are looking at is infrastructure preparedness, infrastructure resilience. This is not a disaster response plan. This is not who is going to go rescue whom from where. This isn't how we are going to respond. It's building the arc. It's God told Noah it's going to flood, get ready go build it. He didn't tell him who was going to be in charge of the arc, Noah or his wife - De Weerd: Or who gets on it. Brown: Or who gets on it or who is going to go down into the hole and shovel it out. That is the response plan. It's who is going to do it. I love this picture, but I like to think that the owner of this boat lived over here across the lake on the hillside and then when the fire started coming down the hill, they got into the boat and got the heck out of dodge. But, what did that take? It took having a boat. It took having a motor. It took having gas in that motor. It took knowing that it would run and how to run it. That's infrastructure preparedness, infrastructure results. That is building the arc. That is kind of what we are looking at, at a carry level and (inaudible---------). That is the presentation I had. Any questions, comments, concerns, ideas? Wardle: Council, any initial questions? Rountree: Mr. President. Meridian City Pre-Council Meeting October 18, 2005 Page 7 of 9 Wardle: Mr. Rountree. Rountree: I am curious who our representatives are on the committee? De Weerd: John Shawcroft. Rountree: Yeah, John? Okay. Brown: And Anna gets invited and she has been on the list and has seen quite a few copies. We have been in touch with your Public Works, not land but some underneath them who helped me out one afternoon running through some things - your water system and sewer systems, so they all have been active. Rountree: Very good. Brown: Ken has been very active. Kenny has been very active when we started last year with the fire plan. Rountree: And remind me again the timeline. Brown: Tomorrow we are reviewing the first committee draft of the plan. We expect to have that out to committee review until November yth or the 13th. We will set a date tomorrow and we will then work on a second committee draft and incorporate all the committee comments and then we will come out with a public draft, hopefully sometime around mid-November so it will be available for public review for about a month from mid-November to mid-December. So, hopefully sometime after that we will be sending it off to FEMA, so hopefully - they have been a little slow with their reviews lately, most of their crews are down in the South, but we hope by January to have word back from FEMA and be able to come back to the cities and to the county with a plan ready for adoption. Rountree: Very good. De Weerd: Mr. Chairman. Wardle: Madame Mayor. De Weerd: The building, (inaudible) is more in minimizing that hazard. Brown: Minimizing the impacts. We are not saying we are going to stop them from happening. We are not saying we are going to stop fires from burning. We are not saying we are going to start earthquakes from having an impact, but how fast can the cities respond, can the county respond? How fast can we can back on our feet? How can we operate during that time period? Meridian City Pre-Council Meeting October 18, 2005 Page 8 of 9 De Weerd: So, but you said it's not a response plan, per se? Brown: Co rrect. De Weerd: It's maybe additional things if you are building in the flood plains things to do to help minimize the impacts and those kinds of things? Brown: Correct. De Weerd: Okay. Brown: So that when these things happen you are able to respond. Wardle: Thank you. Council, anything further? Bird: I have nothing. Wardle: Toby, I would like to thank you for bringing this to us and we look forward to seeing that draft out of the committee and any further comments or public comments? Is this a hearing that you would like me to open up to the audience? Brown: Yeah. Wardle: We will take this opportunity to take any additional comments on our item for the preliminary findings for the all-hazardous mitigation plan for Ada County. If anyone would like to comment, please step forward. Thank you and Council, any additional comments we can funnel through the Mayor's Office and Mayor would you like us to get those to your office or to Kenny directly? De Weerd: They can come through my office and we will get them to Kenny. Is that okay Kenny? Wardle: Thank you very much. All right Council that brings us to the end of our appointed agenda. I would entertain a motion to adjourn. Donnell: So moved. Rountree: Second. Wardle: It's been moved and seconded to adjourn. All in favor? ALL AYES. MOTION CARRIED. Meridian City Pre-Council Meeting October 18, 2005 Page 9 of9 MEETING ADJOURNED AT 6:55 P,M. (TAPE ON FILE OF THESE PROCEEDINGS) APPROVED: I ( / &~ tJ~ DATE APPROVED ** TX CONF I RMATl ON REPORT ** DATE TIME TO/FROM MODE MIN/SEC PGS CMDll STATUS 138 113/14 15' 113 PUBLIC WORKS EC--S 1313'23" 13131 169 OK 09 113/14 15: 12 8841159 EC--S 1313'22" 13131 169 OK W 113/14 15: 13 213888413744 EC--S 130'22" 13131 169 OK 11 113/14 15: 14 POlICE DEPT EC--S 1313'23" 13131 169 OK 12 113/14 15' 15 8985501 EC--S 130'22" 0131 169 OK 13 113/14 15: 15 L1 BRARY EC--S 1313'25" 1301 169 OK 14 113/14 15: 16 92003776449 EC--S 1313' 21" 0131 169 OK 15 113/14 15' 17 3886924 EC--S 08'22" BEll 169 OK 16 113/14 15: 18 P~AND-Z EC--S 13El'22" 1301 169 OK 17 10/14 15: 19 FlRE DEPT EC--S 0121'21" BEll 169 OK 18 113/14 15: 20 128301304e G3-S 13e' 26" 0e1 169 OK 19 10/14 15'21 200 387 6393 EC--S ee' 21" eel 169 OK 20 113/14 15:21 ADA CTY DEVELMT EC--S e0'22" 801 169 OK 21 113/14 15: 22 2esssases2 EC--S 013'23" 0131 169 OK 22 10/14 15:23 LAKEVIEW GOLFCDU G3--S 013' 413" 13lU 169 OK 23 10"-14 lS:25 POST OFFICE EC-S 06'32" 0131 169 OK 24 113"-14 15:26 IDAHO ATHLETlC C EC--S 1313' 21" 13131 169 OK 25 113/14 15'27 ID PRESS TRIBUNE EC-S 12113'22" 0131 169 OK 26 10"-14 15: 28 20888867131 EC-S 1313'22" 1301 169 OK 32 W"-14 15:41 LEGAL DEPARTMENT ----5 130'130" 131313 169 BUSY THIS DOCUMENT IS STILL IN MEMORY ----------.........-----.......-------------....--------------..-----.....-------------..-----...-------.........------...- rIC('\.:::,c rt:l&t W r-U-Ollt;... IVl,Jll\:'-' r--... P /' ""~ "" .'i~~~ . '. \...-/Vl en'dl ern ^~,.- \, ~~,,/ PRE.COUNCIL MEETING AGENDA Tuesday, October 18, 2005, at 6:30 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. Adoption of the Agenda: "Although the City of Meridian no longer requires Sworn testimony, afl presentations before the Mayor and City Councl1 are expected to be truthful and honest to best of the ability of the presenter, " 3. Presentation to Discuss Preliminary Findings and Seek Public Involvement in the Planning Process for the All Hazards Mitigation Plan for Ada County with Troy Brown from Northwest Management, Inc.: (20 minutes") · Approll;imate allowable time set for agenda item may change depending on the discussion. Please us the designated minutes as a guideline only. Meridian City Council Pre.Council Meeling Agenda - Oelober 18, 2005 Page 1 of 1 All malerials presented at public meetings shall become property oflhe City of Meridien" Anyone desiring accommodation for di...bilities telated 10 documenls and/or hearing, please conlacl1he City Clerk's Office at 888-4433 aI/east 48 hours prior to lhe pUblic meeting" CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, October 18, 2005 at 7:00 p.m. City Council Chambers 33 East Idaho Avenue, Meridian, Idaho 1. Roll-call Attendance: ~ Shaun Wardle -L Christine Donnell ~ Charlie Rountree ~ Keith Bird ~ Mayor Tammy de Weerd 2. Pledge of Allegiance: Boy Scout Troop 461 3. Community Invocation by Pastor Steve Moore, with Cherry Lane Christian Church: 4. Adoption of the Agenda: Approve 5. Consent Agenda: A. Approve Minutes of September 20, 2005 City Council Regular Meeting: Approve B. Approve Minutes of September 27, 2005 City Council Regular Meeting: Approve C. Findings of Fact and Conclusions of Law for Approval: AZ 05- 015 Request for an Annexation and Zoning of 59.30 acres from RUT to R-8 zone for Crossfield Subdivision by Packard Estates Development, LLC - 955 West Ustick Road: Approve D. Findings of Fact and Conclusions of Law for Approval: PP 05- 017 Request for Preliminary Plat approval of 246 building (244 residential units, 1 daycare & 1 pool/locker facility / restroom) lots and 26 other lots on 59.30 acres in a proposed R-8 zone for Crossfield Subdivision by Packard Estates Development, LLC - 955 West Ustick Road: Approve E. Findings of Fact and Conclusions of Law for Approval: CUP 05~022 Request for a Conditional Use Permit for a Planned Development for single-family residential units with a request to Meridian City Council Meeting Agenda - October 18, 2005 Page 1 of 4 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. allow for reduced setbacks, reduced lot size, reduced frontages, reduced house sizes and block lengths in excess of 1,000 feet in a proposed R-8 zone for Crossfield Subdivision by Packard Estates Development, LLC - 955 West Ustick Road: Approve F. AClreement with Valley Ride I Valley ReClional Transit for FY 2006 Dues and Intercounty Services: Approve G. Renewal of Contract for Prosecution Services with the City of Boise: Approve H. Development Agreement: AZ 05-024 Request for Annexation and Zoning of 5 acres to L-Q zone for Seventh Day Adventist Church by Hawkins Companies - 1735 North Black Cat Road: Approve Resolution No. 05-491 VAC 05-011 Request for a Vacation of Irrigation Easements for Bonito Subdivision by Dave Evans Construction - 3041 East Copper Point Drive: Approve J. Memorandum of UnderstandinCl between Blackrock. LLC and Blackrock Subdivision HOA and the City of Meridian for Hookuo to City Sewer and Water: Approve K. Aareement for Services with AsoireOn: Approve 6. Department Reports A. Planning Department: Steve Siddoway 1. Presentation of Meridian's Transportation Task Force Priority List and Recommendations: Table to October 25, 2005 7. Items Moved from Consent Agenda: "Although the Cdy of Meridian no longer requires sworn testimony, all presentations before the Mayor and City Council are expected to be truthful and honest to best of the ability of the presenter. " 8. Public Hearing: AZ 05-036 Request for Annexation and Zoning of 10.30 acres from RUT to a R-8 zone for Larksour Subdivision No.2 by Larkspur LLC - 200 and 205 East Rosalyn Court: Approve Amended Findings of Fact and Conclusions of Law for Approval Meridian City Council Meeting Agenda - October 18,2005 Page 2 of 4 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. 9. Public Hearing: PP 05-035 Request for Preliminary Plat approval of 50 building lots and 4 common lots on 10.30 acres in a proposed R-8 zone for Larkspur Subdivision No.2 by Larkspur LLC - 200 and 205 East Rosalyn Court: Approve Amended Findings of Fact and Conclusions of Law for Approval 10. Public Hearing: CUP 05w038 Request for Conditional Use Permit for a Planned Development for reduced minimum lot size, frontages and setbacks on 10.30 acres in a proposed R-8 zone for Larkspur Subdivision No.2 by Larkspur LLC - 200 and 205 East Rosalyn Court: Approve Amended Findings of Fact and Conclusions of Law for Approval 11. Public Hearing: CUP 05-043 Request for Conditional Use Permit for a private medical practice in a L-O zone for Wiaod Medical Practice by ZGA Architects & Planners - East Louise Drive in Meadow Lake Village Subdivision: Approve Findings of Fact and Conclusions of Law for Approval 12. Public Hearing: VAR 05-020 Request for a Variance request for a third time extension to record the final plat for Schwenkfelder Tire Subdivision by Pinnacle Engineers, Inc. - Meridian Road west of Franklin Road: Approve Vacate the Application 13. Ordinance No. 05-1188 Distribution Pseudoephedrine Products (3rd Reading): Approve of 14. Ordinance No. 05-1190 Amending Title 10f Chapter 3, Section 7f of the Meridian City Code Regarding the Electrical Code: Approve 15. Ordi nance No. 05-1191 : AZ 05-024 Request for Annexation and Zoning of 5 acres to L-O zone for Seventh Dav Adventist Church by Hawkins Companies - 1735 North Black Cat Road: Approve 16. Ordinance No. 05w1192 : AZ 05-030 Request for Annexation and Zoning of 5.1 acres to R-8 zone for Windwalker Subdivision by Beckit Development, Inc. - 2770 South Locust Grove Road: Approve 17. Ordinance No. 05w1193 AZ 05-039 Request for Annexation and Zoning of 4.99 acres from RUT to R-B zone for Pisa Place Subdivision by Howard Jenkins - 3893 South Locust Grove Road: Approve Meridian City Council Meeting Agenda - October 18, 2005 Page 3 of 4 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. 18. Ordinance No. 05-1194 : AZ 05w037 Request for Annexation and Zoning of 3.57 acres from R-1 to R-8 zone for Breinholt Subdivision by Richard and Susan Sreinholt - 2580 North Meridian Road: Approve 19. Ordinance No. 05w1195 : AZ 05-041 Request for Annexation and Zoning of .10.15 acres from RUT to R-8 zone for Woodburn Subdivision by Centennial Development, LLC - 840 West Ustick Road: Approve 20. Executive Session per Idaho State Code 67-2345(1) (c): Meridian City Council Meeting Agenda - October 18, 2005 Page 4 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, October 18f 2005 at 7:00 p.m. City Council Chambers 33 East Idaho Avenue, Meridian, Idaho 1. Roll-call Attendance: X Shaun Wardle )( Christine Donnell ~ Charlie Rountree ----X- Keith Bird ~ Mayor Tammy de Weerd 2. Pledge of Allegiance: ;399 dCqwr 7/u9-6"'fJ 4G I 3. Community Invocation by Pastor Steve Mooref with Cherry Lane Christian Church: v 4. Adoption of the Agenda: a,~~ 5. Consent Agenda: A. Approve Minutes of September 20, 2005 City Council Regular Meeting: arprv~ B. Approve Minutes of September 27, 2005 City Council Regular Meeting: Ivff/7JV1L- C. Findings of Fact and Conclusions of Law for Approval: AZ 05- 015 Request for an Annexation and Zoning of 59.30 acres from RUT to R-8 zone for Crossfield Subdivision by Packard Estates Development, LLC - 955 West Ustick Road: Plftrav-<-- D. Findings of Fact and Conclusions of Law for Approval: PP 05~ 017 Request for Preliminary Plat approval of 246 building (244 residential units, 1 daycare & 1 pool/locker facility / restroom) lots and 26 other lots on 59.30 acres in a proposed R-8 zone for Crossfield Subdivision by Packard Estates Development, LLC - 955 West Ustick Road: a.,~rov<L E. Findings of Fact and Conclusions of Law for Approval: CUP 05-022 Request for a Conditional Use Permit for a Planned Development for single-family residential units with a request to Meridian City Council Meeting Agenda - October 18, 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. allow for reduced setbacks, reduced lot size, reduced frontages, reduced house sizes and block lengths in excess of 1,000 feet in a proposed R-8 zone for Crossfield Subdivision by Packard Estates Development, LLC - 955 West Ustick Road: atl'~~ F. Aareement with Vallev Ride I Valley Reaional Transit for FY 2006 Dues and Intercounty Services: P//pv--<--- G. Renewal of Contract for Prosecution Services with the City of Boise: afft"pV'<...,. H. Development Agreement: AZ 05-024 Request for Annexation and Zoning of 5 acres to L-Q zone for Seventh Day Adventist Church by Hawkins Companies - 1735 North Black Cat Road: atprof.IU../ Resolution No. 05""- 4- q I : V AC 05w011 Request for a Vacation of Irrigation Easements for Bonito Subdivision by Dave Evans Construction - 3041 East Copper Point Drive: tlffY'Pf.M-- Memorandum of Understandina between Blackrock. LLC and Blackrock Subdivision HOA and the City of Meridian for Hookup to City Sewer and Water: ?Itr~ J. K. Aareement for Services with AspireOn: ti/frV---C- 6. Department Reports A. Planning Department: Steve Siddoway 1. Presentation of Meridian's Transportation Task Force Priority List and Recommendations: fa.-6te. h /tJ-2.?-t95 7. Items Moved from Consent Agenda: II. o f'AI "'-1 (~/though the City of Meridian no longer requires sworn testimony, all presentations before the Mayor and City Council are expected to be truthful and honest to best of the ability of the presenter. " 8. Public Hearing: AZ 05-036 Request for Annexation and Zoning of 10.30 acres from RUT to a R-8 zone for Larkspur Subdivision No.2 by Larkspur LLC - 200 and 205 East Rosalyn Court: d~Vl-U afY'-<.-n.de-L P/-F i c./.t -f7;>y- a~jlY17v~ 9. Public Hearing: PP 05-035 Request for Preliminary Plat approval of 50 building lots and 4 common lots on 10.30 acres in a proposed R-8 zone for Larkspur Subdivision No.2 by Larkspur LLC - 200 and 205 East Rosalyn Court: appri7v-e.- ajyl.em-ded.~if:-, (//./ -Firr4~pro~ Meridian City Council Meeting Agenda - October 18, 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. 10. Public Hearing: CUP 05-038 Request for Conditional Use Permit for a Planned Development for reduced minimum lot size, frontages and setbacks on 10.30 acres in a proposed R-8 zone for Larksour Subdivision No.2 by Larkspur LLC - 200 and 205 East Rosalyn Court: ufJu'Ipve a~ -PII-Ic-/.e f{rr"'pfJ"ru?Y-~ Public Hearing: CUP 05w043 Request for Conditional Use Permit for a private medical practice in a L-Q zone for Wiaod Medical Practice by ZGA Architects & Planners - East Louise Drive in Meadow Lake Village Subdivision: al'~V'-f./ .p/~, c./L -fby-a/l~v-~ Public Hearing: VAR 05-020 Request for a Variance request for a third time extension to record the final plat for Schwenkfelder Tire Subdivision by Pinnacle Engineers, Inc. - Meridian Road west of Franklin Road: ~jTjh7? yL Vaca.--h -tJ....t- 4p jUt?:47cr-J Ordinance No. 05-1188 Distribution of Pseudoeohedrine Products (3rd Reading): vtpj>Yt>v.e- Ordinance No. 0 S- --I ( q () : Amending Title 10, Chapter 3, Section 7, of the Meridian City Code Regarding the Electrical Code: PVfTprP;r.(.J Ordinance No. tJ 5 -- II q I AZ 05-024 Request for Annexation and Zoning of 5 acres to L-Q zone for Seventh Dav Adventist Church by Hawkins Companies - 1735 North Black Cat Road: /il.rfpro~ Ordinance No. ~ f) - / I Cj Z. AZ 05-030 Request for Annexation and Zoning of 5.1 acres to R-8 zone for Windwalker Subdivision by Beckit Development, Inc. - 2770 South Locust Grove Road: ~v<.-- Ordinance No. tJ S- - / ( q 3 AZ 05-039 Request for Annexation and Zoning of 4.99 acres from RUT to R-8 zone for Pisa Place Subdivision by Howard Jenkins - 3893 South Locust Grove Road: a;1r~ Ordinance No. tJ 5" - II q 1-- AZ 05-037 Request for Annexation and Zoning of 3.57 acres from R-1 to R-8 zone for Breinholt Subdivision by Richard and Susan Breinholt - 2580 North Meridian Road: ~~ Ordinance No. & ~ - II q5 AZ 05-041 Request for Annexation and Zoning of 10.15 acres from RUT to R-8 zone for Woodburn Subdivision by Centennial Development, LLC - 840 West Ustick Road: appyo ~ t:~eaul;v~,fetn>>v 67-Z345 (tJ(cJ : 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. Meridian City Council Meeting Agenda - October 18, 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. October 28, 2005 MERIDIAN CITY COUNClL MEETING APPLICANT November 1, 2005 ITEM NO. 5-8 REQUEST Approve Minutes of October 18, 2005 City Council Regular Meeting AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATIORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETILERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: !};~~ Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meetings shall become property of the City of Meridian. Meridian City Council Meetina October 18. 2005 The regular meeting of the Meridian City Council was called to order at 7:00 P.M., Tuesday, October 18, 2005, by Mayor Tammy de Weerd. Members Present: Tammy de Weerd, Keith Bird, Shaun Wardle, Charlie Rountree and Christine Donnell. Others Present: Ted Baird, Will Berg, Anna Canning, Len Grady, Bill Musser, Bruce Freckleton, Kenny Bowers, Steve Siddoway, and Dean Willis. Item 1: Roll-call Attendance: Roll call. ~ Shaun Wardle ~Christine Donnell X Charlie Rountree X Keith Bird - ~ Mayor Tammy de Weerd De Weerd: I will go ahead and call the meeting to order. It is Tuesday, October 18th. It is five minutes after 7:00. Welcome. We will start the meeting with the roll call attendance. Mr. Berg. Item 2: Pledge of Allegiance: De Weerd: Tonight we will be led in the pledge by Boy Scout Troop No. 461. If you will all rise. (Pledge of Allegiance recited.) Item 3: Community Invocation by Pastor Steve Moore, with Cherry Lane Christian Church: De Weerd: Thank you. Boys, I do have a pin for you. If you would like to step forward. Item No. 3 is our community invocation. Tonight we will be led by Pastor Steve Moore with the Cherry Lane Christian Church. Please join us in the community invocation or take this opportunity for a moment of silence. Moore: Our Father God in Heaven, it's been another absolutely beautiful day here in our community that you have blessed us with and we thank you for that. God, we have the best weather. You already knew that. What our local paper reported recently that Boise and this area is the very best place to live weatherwise in the whole contiguous 48 states. And, God, that, along with other good things about this community, we are being discovered by a lot of people in the nation and in the world and are moving to our community to enjoy the blessings that you provide and that are here, because of others that have preceded us and made this such a wonderful place. And, Father, that makes this meeting tonight so relevant Meridian City Council October 18, 2005 Page 2 of 31 and so necessary and that brings with it bad and good. It crowds our streets for traffic. It brings us all kinds of social pressures. It brings us more crime. It brings us drugs. It brings us all kinds of things, God, that are just a part of life. It brings us more broken people, people that are seeking a way out of whatever their circumstances were in other places. But, God, it also means that we have great good in this community and you're bringing more good folks and good things to this community, a healthy economy, and business. You have provided us with the good in the lives of these five Council members and our Mayor, who care enough about where they live to put their lives on the line to vote and to be criticized as they govern us. So, bless them for their courage, direct them tonight in the decisions they will have to make and live with. And I pray that you would bless their families. Bless the many volunteers in this community. Bless the many other servants that serve in the various government capacities, our police force, our fireman, who put their life on the line to make it a better place. God, we need your direction in solving and maintaining the problems and the place that we have. We do live in one of the very best cities and our city has been recognized recently as being one of the finest 100 places to live in the United States. We want to say thank you for that. We think you have a great deal to do with that blessing. Again, God, direct this meeting, that decisions will be made that accomplish your will and benefit the people that live here, in Jesus' name, amen. Item 4: Adoption of the Agenda: De Weerd: Thank you, Pastor. Okay. Item No.4 is the adoption of the agenda. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: We do have a revision or two here. We would -- after the Consent Agenda we'd like to add Item 13 off of the regular agenda before Item 6. And Item No. 20 we'd like to add an executive session as per 67-2345(1)(c) of the Idaho Code. Our resolution number under the Consent Agenda is 05-491. And our ordinance number from Item 14 through Item 19 are 05-1190 to 05-1195. With that I move we approve the revised agenda. Rountree: Second. De Weerd: Okay. There is a motion to approve with the changes as noted. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. Item 5: Consent Agenda: Meridian City Council October 18, 2005 Page 3 of 31 A. Approve Minutes of September 20, 2005 City Council Regular Meeting: B. Approve Minutes of September 27, 2005 City Council Regular Meeting: C. Findings of Fact and Conclusions of Law for Approval: AZ 05- 015 Request for an Annexation and Zoning of 59.30 acres from RUT to R-8 zone for Crossfield Subdivision by Packard Estates Development, LLC - 955 West Ustick Road: D. Findings of Fact and Conclusions of Law for Approval: PP 05- 017 Request for Preliminary Plat approval of 246 building (244 residential units, 1 daycare & 1 pool/locker facility I restroom) lots and 26 other lots on 59.30 acres in a proposed R-8 zone for Crossfield Subdivision by Packard Estates Development, LLC - 955 West Ustick Road: E. Findings of Fact and Conclusions of Law for Approval: CUP 05-022 Request for a Conditional Use Permit for a Planned Development for single-family residential units with a request to allow for reduced setbacks, reduced lot size, reduced frontages, reduced house sizes and block lengths in excess of 1,000 feet in a proposed R-8 zone for Crossfield Subdivision by Packard Estates Development, LLC - 955 West Ustick Road: F. Aareement with Valley Ride I Valley Reaional Transit for FY 2006 Dues and Intercounty Services: G. Renewal of Contract for Prosecution Services with the City of Boise: H. Development Agreement: AZ 05w024 Request for Annexation and Zoning of 5 acres to L-O zone for Seventh Dav Adventist Church by Hawkins Companies - 1735 North Black Cat Road: Resolution No. VAC 05w011 Request for a Vacation of Irrigation Easements for Bonito Subdivision by Dave Evans Construction - 3041 East Copper Point Drive: J. Memorandum of Understandina between Blackrock. LLC and Blackrock Subdivision HOA and the City of Meridian for Hookup to Citv Sewer and Water: K. Aareement for Services with AsoireOn: Meridian City Council October 18. 2005 Page 4 of 31 De Weerd: Item 5, Consent Agenda. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve the Consent Agenda, which includes resolution number 05-491 and for the Mayor to sign and the Clerk to attest on all proper papers. Rountree: Second. De Weerd: Okay. Motion to approve the Consent Agenda. Is there any discussion? Rountree: I have none. De Weerd: Okay. Mr. Berg, will you call roll. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea. MOTION CARRIED: ALL AYES. Item 13: Ordinance No. 05-1188 Distribution Pseudoeohedrine Products (3rd Reading): of De Weerd: Thank you. As requested, we have moved Item 13 ahead of Item No. 6. It is the third reading of Ordinance No. 05-1188. Mr. Berg, will you, please, read this ordinance by title only. Berg: Yes. Sorry, Madam Mayor. Ordinance No. 05-1188, an ordinance enacting a new Meridian City Code, Title 6, Chapter 3, Section -- oops. No. That's right. I'm sorry. Section 11, to set limits on the over-the-counter distribution of certain - Baird: Pseudoephedrine. Berg: Yeah. Sorry. Is that the right one? Okay. Pseudoephedrine products, providing a penalty, providing a savings clause, and providing an effective date. De Weerd: Okay. Council, you have heard this read by title only and to the public as well. Is there anyone who would like to hear it read in its entirety? Council, this is the third reading and this is a valley wide initiative to help with our meth problem in the valley. It has already been passed by Nampa, Caldwell, and Canyon County. Tonight it's in its third reading in Eagle, Boise and Garden City. And here. And Parma has passed it as well. Our executive director for the Treasure Valley partnership is sitting in the back. Hets been monitoring these all very closely. Again, this is only one defense in curbing some of the issues we have with meth. But it is one of those first steps and very critical. Council, is Meridian City Council October 18. 2005 Page 5 of 31 there -- at this point we have had the three required readings and I would entertain a motion. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve Ordinance 05-1189. Or 88. I'm sorry. 88. Baird: Madam Mayor? De Weerd: Mr. Baird. Baird: Before you take action on it -- I have missed the first two readings, but beings that this is the third reading, would it be appropriate at this time to see if there is anyone here that wishes to testify regarding the ordinance? De Weerd: Okay. Bird: Okay. I can pull my motion. De Weerd: Is that okay, Mr. Bird? Is there anyone who would like to offer testimony on this ordinance? Okay. Thank you. Mr. Bird. Bird: I move that we approve Ordinance No. 05-1188. Wardle: Second. De Weerd: Okay. The motion is to approve Ordinance No. 05-1188, distribution of Pseudoephedrine products. If there is no discussion, Mr. Berg, will you call roll. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea. MOTION CARRIED: ALL AYES. De Weerd: Thank you, Council. We appreciate your support on this ordinance. We will have a county-wide signing for the communities that have passed this ordinance next Monday. Certainly, if any of you would like to join me, I would love to have you accompany me on that -- that signing ceremony. Again, Mr. Larsen, thank you for attending. Item 6: Department Reports A. Planning Department: Steve Siddoway Meridian City Council October 18, 2005 Page 6 of 31 1. Presentation of Meridian's Transportation Task Force Priority List and Recommendations: De Weerd: Okay. Item No.6, under Department Reports, our planning department. Steve Siddoway will -- is back for discussion on our Transportation Task Force. Siddoway: Thank you. Madam Mayor, Members of the Council. It's a pleasure to be before you tonight. As you know, we have no shortage of transportation needs in our humble city. Two weeks ago I was before you at pre-Council to go over the proposed list of transportation priorities from the Meridian Transportation Task Force. It's been added to your agenda tonight as an action item. We need to have a finalized list to both ACHD and Compass before the end of the month. What I have on the screen before you is the list of 30 projects that have been prepared in priority order by the Transportation Task Force for discussion. I have summarized two separate tables, since the -- the full list is a list that includes Ada County Highway District projects and ITD or the Idaho Transportation Department projects. [have pulled out of what would be the top five ACHD projects on the list as it currently stands. The top five receive bonus points, as you know, in their prioritization system. Those five currently include the downtown split corridor. Pine Avenue from Meridian Road to Eagle Road. Meridian-Ustick intersection. The Ten Mile Road from Overland to Ustick. And Franklin from Linder to Ten Mile. The top ITD projects on the list would be the Ten Mile interchange as number one. The Meridian Road interchange rebuild. The Linder Road overpass. The Eagle Road corridor improvements. The State Highway 16 extension along McDermott Road. And widening Chinden Boulevard. We need to discuss the priority list tonight and reach a consensus or a motion approving a priority list to send forward. I do have for you tonight a couple of key considerations that we need some discussion on, specifically related to the downtown split corridor. We know that the phase one improvements are particularly critical. They would include the Main, Meridian, Waltman, Central intersection. ACHD commission at the last joint meeting raised the possibility of prioritizing the split corridor into the five-year work program by postponing the Linder Road widening. It's currently scheduled for 2009. The discussions that I have had to date are that we would recommend that that would only work if the critical intersection improvements, such as Linder and Pine, and Linder and Ustick, are pulled out separately and moved forward ahead of the Linder Road widening project. So, we need some discussion on that item and, then, a second item that has an idea that has come up recently -- as you know, the city has dedicated 1.8 million dollars -- or up to 1.8 million dollars toward the acquisition of right of way for the Locust Grove overpass. Because of the restrictions that the city placed on how that money could be spent, it appears that they will only be able to spend about 800,000 to one million dollars of that money. That money has been dedicated to right of way for some time and would propose to you that we dedicate any remaining right of way funds from the Locust Grove overpass to phase two of the split corridor, which is where the majority of the right of way Ems'Neare,: l:@o8Dsa,om sbessiJdHlD'QXIl'fthWitttcbhHt}a rl.(\ji~kjst8tRi for any q u esti on san d entertain discussion on the list of projects. Meridian City Council October 18, 2005 Page 7 of 31 Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I have no problem with the recommended list. I do want to know where we come up with the idea of using our money again for right of way. We did it on the one project to get it speeded along and it wound up being four years longer. I, for one -- we want to build a city hall and every month that we are set behind there it's going to cost us more money. Construction is going up. I don't -- I can't -- I can't do that again on this -- this project, because we did it on the Locust Grove, thinking it would speed the project up. Everyone of the -- the Mayor and everyone of the Council people, which two of us sitting right here now was under the impression that that would open the same time Mountain View opened. It's not going to open until 2007. That's four years late. I, for one, am not spending -- not for spending city taxpayer dollars that we already paid seven to eight percent of our taxes to ACHD, our property taxes for our roadways, out of our tax rolls. I don't think we are fair to our taxpayers to do that anymore. De Weerd: Mr. Bird? Bird: Yeah. De Weerd: Just to further clarify, this is not new money. It is the money that was set aside for Locust Grove and it would be just what is remaining from that line item to dedicate it -- to continue to dedicate to purchase of right of way. Bird: Madam Mayor? De Weerd: Yes. Bird: Follow up. I realize that it was dedicated and has been sitting here. And whatever the other Council want to do. I just said that that don't mean that -- that 1.8 -- the way the motion was made -- and I made the motion and I think you seconded it -- was we would spend up to 1.8 million purchasing right of way for the deal. It didn't say the 1.8 million dollars went into a transportation fund, because we don't have a transportation fund in the City of Meridian. I really have a problem with it. But what -- you know, I'm certainly going to go with what the majority wants, but what's wrong with bringing that money back into the construction cost of city hall that's going up or anything. I mean, you know, we went -- we stepped out once on a project. I have not seen another public entity do that for ACHD. Why should we have to all the time. Donnell: Madam Mayor? De Weerd: Mrs. Donnell. Meridian City Council October 18, 2005 Page 8 of 31 Donnell: I just have a question for some clarification. Why -- what were the restrictions that caused us not to spend up to 1.8 million dollars to get the right of way for Locust Grove overpass? Why do we have 800,000 remaining? Siddoway: Restrictions were placed on the funds that they could only be used for land right of way acquisitions only, not the structures or facilities that might be contained in that right of way. So, the amount of the land only is what the total bills we were paying for. Donnell: Okay. Follow up, please? De Weerd: Uh-huh. Donnell: And who placed that restriction on that money? So, the Council did -- Bird: Yes. Donnell: -- at that time? So, the Council can lift that restriction. It does not have to be for right of way if the Council so chooses for it not to be for right of way. De Weerd: That's correct. Mr. Wardle. Wardle: Madam Mayor, I certainly validate the expenditure and the decision by a former Council to further that project along, but the reality was it -- the other public agency involved didn't further the project along and the project didn't move any faster. I see that as a partnership in which the City of Meridian's expectations were not met from a timeline standpoint and would be reluctant to again enter into such an agreement based on past experience. Certainly, if there is some money left over we would have the discretion to utilize that in the general fund, but I think that we should look at some other worthy projects within the city, based on past performance. De Weerd: Mr. Wardle, I guess I would like to respond to that. The Locust Grove overpass has stayed on a planning year because of ACHD. The funding has been very competitive for not only ACHD dollars, but for ITD dollars, and, actually] ACHD is fronting the money to even build it next -- to be begin construction in '06 and it's because of the money that Meridian put to it that it did not fallout of a planned year into PD. So, in appearances I guess what has been stated is true. But, in all reality, that project was at risk almost every single budget year because of the cost and other projects that were also competing for those dollars. So, I think that it's a little bit misleading in the year it's being built, but, certainly, that investment has kept ACHD defending this project and keeping to move it forward and forward enough to front the money up. Wardle: Madam Mayor -- and if I may clarify my comments, I agree -- I agree that the money was well spent by the city to further that project. I'm saying that the Meridian City Council October 18, 2005 Page 9 of 31 city's expectations in a timeline were not met and I would have serious consideration before entering into a similar agreement again, so -- De Weerd: I would just say our expectations were naive and I was one of those, so I can say that. Yes, Mr. Bird. Bird: Steve, tell me on the right of way, the structures that we -- we put the limit on buying right of way. What structures on Locust Grove were -- on either side of Locust Grove did we have to buy, other than one house that was close that -- and we were taking so much for the land that we did not help buy? Siddoway: I know it included utility type things, like wells. You know, I don't know if Gary Inselman is here. Do you want to address that, Gary? Are you able to address that? De Weerd: Gary, if you will come up. Bird: I'm quite familiar with some of those right of way purchases and I don't know what they were -- what structures were in it. Inselman: Madam Mayor, Members of the Council, we have -- De Weerd: Gary, if you will just state your name for the record. Inselman: Gary Inselman with ACHD. We have had some relocation costs, costs to provide -- replace septic systems, damages to the properties -- and those are costs that far exceed the actual cost of the land that we are acquiring. Bird: So, septic systems and stuff like that, that was damaged and we had to repair and the damage was done because of digging -- they were in the right of way or what we purchased -- Inselman: In the new right of way. That's correct. And to replace wells that were in the right of way that was being acquired. Bird: Gary, do you have any idea -- and you probably don't -- what kind of figure that is? Inselman: I don't. Bird: Thank you. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Meridian City Council October 18, 2005 Page 10 of 31 Rountree: To come back to the other topic at hand, as far as the list goes, Steve, if you would, would you explained to me again the following slide and the top five prioritization there, that those projects on the ACHD bonus point list have already received bonus points because we have them ranked high or they will receive bonus points if we rank them one through five? Siddoway: Madam Mayor and Councilman Rountree, the latter is correct. These are the five projects that would receive bonus points if we approve the list. Rountree: Based on the list. Okay. Siddoway: But they haven't received bonus points yet, so you have the ability to weigh in on the list. Rountree: And, Madam Mayor, on the subject of the additional funding that was established for right of way acquisition on Locust Grove, my position is that isn't it wonderful that we have an opportunity to have some extra money to do some things with as a result of not having to spend 1.8 million dollars for right of way to get that project on a program and even though it took forever, at least it's going to become a reality. I think we are premature to tell ACHD that it's coming their way for additional right of way, I would like to see a financial plan from ACHD in terms of that particular project or any particular project where we might in the future consider additional funding for either right of way acquisition or actual construction. So, I don't know that it's critical that we act on that at this point and at a minimum I would like to hear that if we do commit funds for any aspect of a transportation project, that there is a commitment on the part of the responsible entity that they are committed to the project as well. De Weerd: Thank you. Council, I guess just to redirect you back to the transportation list, in our tight time frame for the Ten Mile interchange, which is under the STIP for 2008, we need to make sure the local landing roads are also in and ready to receive the additional traffic on them. I guess my concern is if you look at what would get bonus points, we have item number two and item number three -- well, item number two, that's the first time that has been on this list. Item number three has been from Council's previous discussions not as important as the Ustick-Linder intersection and there would be another Ten Mile improvement and that -- that would falloff. So, if you could take a look at the downtown split corridor as one, the Meridian -- the Pine as number six -- did you take -- Steve, did you take the East 3rd connection off of there? Siddoway: That's a good point worth discussion. It's on there as number four on the overall list. I did not add it to the ACHD bonus points list, because in my contact with ACHD, they have said that since the East 3rd connection is one that would be development driven and not one that would be an ACHD-built project, they would likely skip over it for the terms of assigning bonus points and give it to the next ACHD-built project. So, I tried to pick out the top five. Now, you could move East 3rd connection, if need be, to make it clear, so we don't have any Meridian City Council October 18,2005 Page 11 of31 confusion as to which five the bonus points are going to. But it is my understanding that they would not give it the bonus points, given its status. De Weerd: But it is -- item number three, then, in Pine, we need to get Pine from at least Locust Grove to Eagle on there, so they would be impact fee eligible, so when the developer, who is in line to develop it, can be eligible for reimbursement through impact fees. Siddoway: One point of clarification. In order to get -- be reimbursable through impact fees, it needs to get on the CIP, the Capital Improvements Plan. This is the five-year work program. It would be impact fee eligible if it were only on the CIP and not on the five year work program, but the task force felt that that Pine connection was such an important road that they wanted to send a strong message. De Weerd: Well, yes, but is that at the risk of losing our local roads to Ten Mile? You know, I guess we have to weigh that. And if ifs just important that that one developer paid improvement is on there, it doesn't need to be one of the top five. So, I guess, Council, I would like for your consideration for the downtown split cmtrtrtet,irbbler intersection, Ten Mile Road, Franklin to Ustick, Franklin Road Ten Mile to Linder, and, then, the Meridian-Ustick intersection to -- sorry. The Linder- Pine intersection to be our top five for bonus point -- Bird: Go through the top five again on the -- De Weerd: If you will go back to the previous slide. Bird: Now, which one out of there are you pulling out? De Weerd: Well, to reorganize it, so that downtown split corridor, Ten Mile, Overland to Ustick, Franklin-Linder to Ten Mile. The Linder-Ustick intersection and the Linder-Pine intersection. I think most of these students sitting in this room just love Linder-Pine in getting through that four way stop. It would sure be nice to have that improved. Not in their tenure in school, but certainly for the ones that are a year or two behind them. Any discussion? Siddoway: Madam Mayor, if I could just restate to make sure I understand. You would be pulling out what is currently shown as number two and number three and moving them lower. You go to downtown split corridor, then, jump to what is currently number four would become number two, which would be the Ten Mile Road. And, then, third would be Franklin, Linder, Ten Mile. And, then, you would be adding number four and number five as the Linder-Ustick intersection and the Linder-Pine intersection; is that correct? De Weerd: That's correct. Siddoway: Okay. Meridian City Council October 18, 2005 Page 12 of 31 Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Steve, would you explain on the Ten Mile - Overland to Ustick what happens at the overpass? Siddoway: The Overland to Franklin project -- that one mile stretch -- Bird: On Ten Mile. Siddoway: Yeah. Overland -- so, you're asking what happens at the -- at the interchange? Bird: Well, we don't have the interchange. Siddoway: Right. The one mile section -- Bird: That's number two priority. Siddoway: Okay. The one mile section from Overland to Franklin would be done as part of the Ten Mile interchange project. The Franklin to Ustick section would be an ACHD project and is currently in the five year work program. De Weerd: Mr. Bird, I guess to give you some clarity, the Overland to Franklin will be part of the interchange design. So, primarily, the road improvement on Ten Mile will be from Franklin to Ustick, because the Overland to Franklin will be part of how that interchange is designed. Bird: That's what I understood. That's why I can't figure why it's Overland to Ustick, instead of Franklin to Ustick. Siddoway: Madam Mayor, Councilman Bird, we could make that one Franklin to Ustick, with the understanding that the Overland to Franklin section will be part of the interchange project. That would be fine. Bird: That would be -- that would be -- to me it would be the way to -- because the interchange is going to determine what comes from Franklin to Overland. De Weerd: Mr. Wardle? Wardle: Madam Mayor. Steve, before we change the recommendations from our committee -- or consider changing them, I'd like to hear why Pine Meridian to Eagle is number two. I think I understand one of the reasons, but if you could Meridian City Council October 18, 2005 Page 13 of 31 give me the committee's thought process in how they came about putting that as their number two priority. Siddoway: The discussion prior to voting -- all the members voted independently and the votes were tallied and, then, they ratified the list at the end. But the discussion before the vote was that Pine is a critical link to press through to Eagle Road, it's critical that it be improved through downtown, but the most critical section is the section from Locust Grove to Eagle Road and getting it impact fee eligible, which is somewhat of a separate issue from the five year work program, because the impact fee eligibility, again, is part -- is determined by the CIP. But they wanted to send a strong message that we need to get Pine on the books. Wardle: Thank you. De Weerd: Does that answer your question? Wardle: That did. De Weerd: Thank you. Council, I guess one more thing on the ITD top projects. Linder overpass has kind of creeped ahead of some of these others that are being considered through the Communities in Motion and the GARVEE processes. It's really not been a part of the discussion of the more immediate projects. I guess I would also like you to consider moving that into the number six spot and pushing the other ones up. Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: Just my original thoughts on your proposition for the ACHD portion of the bonus points -- and I agree that looking long term and short term, that Pine is going to be an important through route to get off of Eagle Road, which is currently, obviously, a very busily traveled road. I would say from the ITD standpoint, Linder Road overpass plays into, in my opinion, the ability to do number two, which is the Meridian Road interchange. I would say it's an important piece to not only the Ten Mile interchange, but also to making that Meridian Road construction project function. So, I would prefer to leave it as number three. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I would agree with Councilman Wardle on the ITD project. I think Linder overpass is very very important. De Weerd: Okay. My only comment is it is unfunded. At least Eagle Road corridor is on PD. Highway 16 is funded for planning to begin. It is critical for Meridian City Council October 18, 2005 Page 14 of 31 that funding for the plan to move forward and by pulling it off and putting Linder ahead of it, we do risk some of these other projects. The Eagle Road corridor is extremely important in terms of our safety personnel. I think they would really prefer to spend less time on there cleaning up accidents than they currently are doing right now. So, I -- Linder overpass is not in any of the documentation. To put it on now really throws a wrench in things. And I'm not saying it's not important, but in light of where we are at with these other projects and how we have been talking about the importance of these projects to the needs of our community, this does blur our message. It does change our message. Siddoway: Madam Mayor? De Weerd: Mr. Siddoway. Siddoway: I would just add one comment. Linder Road overpass, while it's true it is unfunded and not on a funded list for the next five years, it is identified on the list of GARVEE projects for connecting Idaho along Interstate 84 and should be in one of the -- on a future funded list through the GARVEE program. De Weerd: Steve, did you have that verified? I think I have heard varying answers to that. Siddoway: I have asked several times and have been given that answer each time at ITD district three. Don't know. Councilman Rountree has more light to shed on the subject. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: All things will not be accomplished with GARVEE. That said, I can't say whether or not that particular project will be programmed as a result of that program. Certainly will be part of the analysis that goes on as we move into identifying incremental projects in that 1-84 corridor, probably would be a project that would be considered. At this point I can't say specifically that it would be programmed. It's not programmed at this point in time as an individual project. It seems that -- I understand the planning process through Compass, but that particular project and bringing a new project into the program seems a bit out of sync to me. It probably is something that should have been brought up through the July through August STIP amendment, STIP consideration process. Again, having said that, bringing it forward now is all right, but as an individual project it might be awhile before it does get programmed. But having it identified -- possibly not number three, but having identified that it is important to the city is the right thing to do. Siddoway: Madam Mayor? Meridian City Council October 18,2005 Page 15 of 31 De Weerd: Yes. Siddoway: With any reprioritizations that do happen I'd like you to, if possible, do it with the overall list. For example, the Linder Road overpass on here is number 13 on the overall list, but when you pullout just the ITD projects from that list, it's number three. So, when you say you want to move it to number six, I just want to -- for example, if you can move it below Chinden, Chinden is number 27. So, I just wanted to know if you wanted to make it number 28. De Weerd: Steve, why don't we work with the comments that have been made, bring back a revised list next week -- Siddoway: I can do that. De Weerd: -- and have Council -- we will get it out prior to and have Council take a look at it and see it rearranged. Siddoway: Rearranged. Thank you. De Weerd: Does that sound reasonable, Council? Rountree: Sure. Bird: Fine with me. De Weerd: And do you feel comfortable with the discussions that have been made so far? Donnell: The Council? Yes. De Weerd: Okay. Okay. Thank you, Steve. Appreciate your help. Siddoway: So, I will work with you in the coming week to draft a list and, then, I can circulate that to the Council members ahead of the next meeting to gather any comments? De Weerd: Yes. Siddoway: Okay. Item 7: Items Moved from Consent Agenda: De Weerd: Okay. Item 7. We had no items moved from the Consent Agenda. Meridian City Council October 18, 2005 Page 16 of 31 Item 8: Public Hearing: AZ 05-036 Request for Annexation and Zoning of 10.30 acres from RUT to a R-8 zone for LarksDur Subdivision No.2 by Larkspur LLC - 200 and 205 East Rosalyn Court: Item 9: Public Hearing: PP 05-035 Request for Preliminary Plat approval of 50 building lots and 4 common lots on 10.30 acres in a proposed R-8 zone for LarksDur Subdivision No.2 by Larkspur LLC - 200 and 205 East Rosalyn Court: Item 10: Public Hearing: CUP 05-038 Request for Conditional Use Permit for a Planned Development for reduced minimum lot size, frontages and setbacks on 10.30 acres in a proposed R-8 zone for LarksDur Subdivision No.2 by Larkspur LLC - 200 and 205 East Rosalyn Court: De Weerd: So, I will move to Items 8, 9 and 10, public hearings AZ 05-036, PP 05- 035, and CUP 05-038. I will open these Public Hearings with staff comments. Canning: Madam Mayor, Members of the Council, this is the Larkspur No.2 project. The first Larkspur project was just to the north of this. This is located east of Meridian Road, approximately mid way between Overland and Victory. You can see two existing lots and homes on those lots. The applicant is proposing annexation and zoning, preliminary plat, and Conditional Use Permit for a planned development. The project as originally submitted requested 50 building lots. They have reduced that to 49. And those are single family home lots, four common lots, all on 10.3 acres in a proposed R point -- I'm sorry, R-8 zone. The planned development was for reduced minimum lot size down to 4,108 square feet, reduced frontages down to 42 feet. And reduced setbacks, a four foot five set back and a 12 foot rear setback. This is the original preliminary plat. That's the revised preliminary plat and -- just a moment willi get my pointer. I can use the mouse. There we go. You can see the house -- there we go. You can see the difference on the east side of the property. Oops. They lost a lot. And this is just a site plan. The gross residential density is 4.75 dwelling units per acre. The Planning and Zoning Commission has recommended approval at their September 15th hearing. Ron Sargent, the applicant, and Jim Slade, spoke in favor of it. There were 17 people in opposition to it and I'm not going to read all their names. It is in your record for tonight. The key issues of discussion were the compatibility with Meridian Greens, which is to the east of the subdivision. Proposed subdivision. And we spent a lot of time talking about ways to transition from their lower density residential Jots to the proposed medium density residential subdivision. It's an interesting situation where because these were five acre lots, Meridian Greens kind of transitioned to them by having some of their larger lots right up against the five acre lots and so that was the primary issue of discussion. As a result of that, as I mentioned before, they did take out one of the lots along the east side and they brought all of the lots up to a minimum of 6,200 square feet on that east side, with as many at 6,500 square feet as possible. And they agreed to -- the applicant agreed to construct all those Meridian City Council October 18, 2005 Page 17 of 31 homes along the east side, that they would use a 40 year architectural shingle and, then, also along the east side they would provide a 25 foot rear setback. Instead of the usual 15 foot setback, they would do a 25 foot rear setback. And the last one was that there would be a ten foot landscape buffer along the east boundary contiguous to Meridian Greens as well. These won't have -- my understanding is they won't have individual fences coming down them and that all the open space will be maintained by the owners association, so there would be a ten foot landscape buffer in that area between the two subdivisions. So, you, basically, have your 15 foot setback area, a ten foot landscape buffer, and the back yard for the Meridian Greens residents. The applicant did revise the plat and meet the conditions that the Planning and Zoning Commission placed upon him before -- before your hearing tonight, so those concerns have been addressed. I do have some elevations of the proposed units. And these are -- I believe the same units that are being constructed in Larkspur number one currently. Did want to point out as part of the subdivision -- I forgot to mention there are -- they are preserving a couple of larger lots with the existing home sites on them and you can see those here. I suppose they show up best here and here. And, then, they have to modify the cul-de-sac at the -- the current cul-de-sac as they extend it. As I said, there were quite a few people at the last hearing. I don't know how many have signed up to testify tonight. Their concerns seem to have been addressed. The Planning Commission tabled the item for a while so that the applicant could work with those property owners and I think most of them were satisfied with the changes that the applicant proposed to do. And with that I will answer any questions Council and Mayor may have. De Weerd: Council, do you have any questions for staff at this time? Bird: I don't. Not at this time. De Weerd: Okay. Is the applicant here? If you will, please, state your name and address for the record. Sargent: Ron Sargent. My address is 1771 North Wildwood Street in Boise. De Weerd: Thank you. Sargent: Madam Mayor, Council Members, I guess I just -- a couple of things to add to the staff report. First of all is we actually reduced the number of buildable lots down to 47 and in our meetings with the neighbors during the Planning and Zoning Commission, they basically requested that we have the lots adjacent to Meridian Greens a minimum size of 6,500 square feet and we just asked if the dimensions didn't work out, that we could have one or two of those lots at 6,200 square feet. When we revised the plat, we actually came out with all of the light lots as 6,500 square feet or larger. So, we met their concern and needs there. The other issues I think the staff has covered and we are in agreement with it. The one thing I guess I'd like to add is up here in the northeast corner there is a Meridian City Council October 18, 2005 Page 18 of 31 difference in elevation between the property that we are buying and the Meridian Greens and we agreed with the neighbor and that's adjacent to us up there, to put a -- construct a stem wall to control any erosion or differences in elevation that could take place there and a stem wall probably between a foot to two feet in elevation. I think those are the major things, except I had one I guess request and this is on site specific requirements, Appendix B, and it's 1.1.5 and that is that the city is requiring us to vacate the right of way that -- there is an existing turn around, circle here on Rosalyn Court that dead ends there now. And the city is requesting that we vacate the right of way on either side of where the new road is going to be constructed and that is not something that we can necessarily do. That is an Ada County Highway District Commission level decision. We can apply to vacate the right of way, but there is no way that we can necessarily guarantee that's going to happen. It's sort of a Catch 22. The city's requiring it as part of the plat, but we have to go to the Commission level to get that approval. When we met with staff during the tech review meeting, they said that we should enter into a license agreement to landscape that area and so I guess I would request that we modify the condition, that we apply for a -- to vacate that right of way. But if we are not able to do that, that we, then, enter into a -- if the Commissioners turn that down, that we, then, enter into a license agreement. And I guess since the process to vacate is fairly lengthy or can be lengthy, I guess we would request that the -- this condition be a requirement of occupancy, rather than a condition of the plat, because we could be held up for some period of time while we are trying to work through that issue with the highway district. So, I guess I would be open for any questions. De Weerd: Okay. Council, any questions? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Sir, do you have a dedicated right of way out onto Highway 16 or Meridian Road? De Weerd: Sixty-nine. Sargent: Sixty-nine. Bird: Or 69. I'm sorry. Sargent: Yeah. Rosalyn Court connects out to Meridian Road or Highway 69 and, then, this road here, Slackspur Way, goes up and it connects to Calderwood. So, there are two connections that go out of the proposed subdivision. Bird: Thank you. Meridian City Council October 18, 2005 Page 19 of 31 De Weerd: Okay. Any other questions, Council? Thank you, sir. Okay. This is a Public Hearing. Is there anyone who would like to provide testimony on this application? Okay. Well, it sure seems like you settled a lot of questions, then, in between Planning and Zoning and now. Canning: Madam Mayor? De Weerd: Yes, Anna. Canning: Can I ask -- I don't believe that the -- that there is a condition regarding the stem wall and not -- not that Mr. Sargent would be guilty of this, but we have had a problem where people state commitments in a Public Hearing, but if they are not made part of the record -- or part of the application, then, sometimes if the project changes hands, then, there is -- there is an expectation there that doesn't get met by the next owner of the property. So, if you could add that as a condition of approval, I think that that would be -- if you're inclined to approve it, that would be helpful. De Weerd: Okay. Most appropriate on the preliminary plat or the CUP? Canning: Preliminary plat. De Weerd: Okay. Canning: And, then, regarding the vacation issue, I think if it pleases the Council, what they could do is in that condition, 1.1.5, the second sentence begins the applicant shall vacate and if we could just, instead, say the applicant shall submit an application to vacate and leave it tied to the final. He is right, there is -- we can't force him to vacate. It's ultimately the decision of ACHD. So, if he submits the application prior to the plat, then, at least the ball is rolling. De Weerd: Okay. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Could I ask the applicant if it would be -- with your permission a question. De Weerd: Uh-huh. Would the applicant come forward please. Bird: I asked him about the right of way out onto the highway, but has ITD been notified? Because you're changing that trip -- you could change the trips out onto that highway from what they are now -- what ITD thinks they are now to eight, nine hundred, depending on build out. Sargent: Correct. Meridian City Council October 18,2005 Page 20 of 31 Bird: Have you notified ITO and they responded to you Of are we just taking it because there is a cutout there that it's an automatic -- Sargent: I'd like to, I guess, ask staff -- does the application -- does it get sent to ITD? De Weerd: They are on the transmittal sheet. Canning: They do get transmitted. I can check this specific one to see if it's in there. Bird: I didn't see anything in my folder here, Anna. Canning: Mr. Berg, do you have record of all that was sent to? We don't have a response. Bird: Well, Anna, if we don't have a response, then, I guess there is not a problem. Rountree: If they knew about it. Bird: And I'm sure it was sent to them. De Weerd: They are on the transmittal list. Bird: They are on the transmittal list. Canning: We do have a letter here. I just found it. I'm sorry. Did you find it also? Wardle: Mr. Bird, if I could just read what the clerk's given to me here real quick. Improvements to East Rosalyn Court at the intersection of the above-stated refefenced state highway may be necessary to accommodate the increased traffic volume fesulting from the subject development. Any work within the state right of way requires a permit approved by lTD. The application must originate from the agency with jurisdiction for the local road or authorized representative. In addition, ITD supports the proposed internal cross-access provided to adjacent property north and south of the subject development. At such time that adjacent properties develop, it will be necessary to revisit and consider necessary improvements to the East Rosalyn Court intersection with State Highway 69. Canning: And they may not have recognized that there actually is development approved to the north that connects it to Calderwood, which it's anticipated that that will be I believe a signalized intersection. Maybe not. I misspoke. I'm sorry. Wardle: Madam Mayor, just to clarify the statement. My reading says ITD supports the proposed internal cross-access provided to the adjacent property north and south of the subject development. Meridian City Council October 18, 2005 Page 21 of 31 Bird: So, they realize it is going through Calderwood -- to Calderwood? Wardle: Per their letter dated September 7th, 2005. Bird: Thank you, Shaun. De Weerd: Thank you. Any further questions for the applicant? Bird: I have none now. He answered my questions. De Weerd: Okay. Okay. Is there any further testimony from the public? Okay. Council, any questions for the applicant before I would entertain a motion to close? Any concluding remarks from the applicant? Okay. Council, I would entertain a motion. Bird: So moved to Close items 8, 9 and 10. Wardle: Second. De Weerd: Okay. Motion to close the Public Hearing on Items 8, 9 and 10. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. De Weerd: Okay. Discussion? Bird: I have none. De Weerd: Okay. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I appreciate the effort on the part of the applicant to meet with the neighbors and resolve the apparent issues. I'm still a little concerned in terms of the precedence as far as our Comp Plan requirements in terms of transitioning from large lots to smaller lots. I'm not sure 6,500 square foot adjacent to Meridian Greens is really what I would view as a reasonable transition lot, but if that satisfies the neighbors and the neighborhood, I guess I'm not going to interfere with that process. But I'm not sure when we see that again that it will be easy to say No. De Weerd: Thank you, Mr. Rountree. Any other comments? Okay. Do I have a motion? Wardle: Madam Mayor? Meridian City Council October 18, 2005 Page 22 of 31 De Weerd: Mr. Wardle. Wardle: I move that we approve Item No.8, AZ 05-036 for Larkspur Subdivision No.2, to include all staff and applicant comments, including comments specific to requirements for vacation of right of way and the potential for license agreement with ACHD and the addition of the applicant's comments to construct a stem wall. Donnell: Second. De Weerd: Okay. Motion to approve Item NO.8 with the amendments as stated for the Findings. Wardle: And the Findings. De Weerd: Thank you. Any discussion? Okay. Mr. Serg, will you call roll. Berg: Thank you, Madam Mayor, Members of the Council, if I could just recap that we are amending the current Findings, so they won't be back before you, we will get them taken care of. Thank you. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea. MOTION CARRIED: ALL AYES. De Weerd: Okay. Item 9. Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: I move that we approve Item 9, PP 05-035, preliminary plat for Larkspur Subdivision No.2, to include all staff and applicant comments related to the annexation and, specifically, the comments with regard to vacation of right of way. Donnell: Second. De Weerd: Okay. Motion is to approve Item 9. Is there any discussion? With the same caveat as -- Wardle: To amend the Findings. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea. MOTION CARRIED: ALL AYES. De Weerd: Okay. Item 10. Mr. Wardle. Meridian City Council October 18, 2005 Page 23 of 31 Wardle: Madam Mayor, I move that we approve Item 10, CUP 05-038 and to amend the Findings to reflect all of the comments from staff and applicant in the previous items. Donnell: Second. Wardle: How is that? De Weerd: Okay. Motion to approve Item 10. Berg: Very good. Rountree: Excellent study in learning. Berg: Thank you, Madam Mayor. With that clear precise direction -- De Weerd: Yes, Mr. Berg. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea. MOTION CARRIED: ALL AYES. Item 11: Public Hearing: CUP 05-043 Request for Conditional Use Permit for a private medical practice in a L-O zone for Wiood Medical Practice by ZGA Architects & Planners - East Louise Drive in Meadow Lake Village Subdivision: De Weerd: I have lasted through Item 10 not to give Brian Brossman a bad time, but I still had to say something. Item 11, Public Hearing on CUP 05-043. I will open the Public Hearing with staff comments. Canning: Madam Mayor, Members of the Council, this is the Wigod Medical Practice and it is -- yes, the question of the day. Sorry. It is located on Louise Drive, which is west of the entrance road for Meadow Lake Village. It is a Conditional Use Permit application. As you can see, our aerials are getting out of date. There is -- slightly. Yes. There is a large medical building here. Yes. We should be getting them soon. There is several buildings down here that aren't showing. This is the third building to go in this general small area. This is the site plan. And these are the elevations of the proposed structure. The structure is 4,600 square feet. There is just a single structure. It is a Conditional Use Permit for a private medical practice in the light office zone. It is -- it has been recommended for approval by the Planning and Zoning Commission at their September 15th hearing. There were no key issues of discussion, no changes, and no outstanding issues. I think someone summed it up best by saying it's a medical building in a medical building complex, next to a medical building, which is next to a hospital, so-- Meridian City Council October 18, 2005 Page 24 of 31 De Weerd: It doesn't sound compatible, really. Canning: And I'll answer any questions you may have. Rountree: You're just waiting to see what I might find wrong. Canning: It's not next to lTD. De Weerd: That's why she mentioned that. Okay. Are there any comments from Council at this time? Rountree: I have none. De Weerd: You have already made yours. Bird: I have none. De Weerd: Is the applicant here? If you will, please, state your name and address for the record. Anderson: Yes. Madam Mayor and Council Members, my name is Eric Anderson at 5410 West Lockport Drive, Boise, Idaho. De Weerd: Thank you. Anderson: Thank you. De Weerd: Do you have any comments? Anderson: I don't. We are fine with everything that's -- all the recommendations and comments. De Weerd: Okay. So, you agree with all staff comments? Anderson: Yes, we do agree. De Weerd: Thank you. Council, any questions for the applicant? Bird: I have none, Mayor. De Weerd: Okay. This is a Public Hearing. Is there anyone who would like to provide testimony on this application? Okay. Seeing none, Council? Bird: Madam Mayor? De Weerd: Mr. Bird. Meridian City Council October 18, 2005 Page 25 of 31 Bird: I move we close the Public Hearing on CUP 05-043. Rountree: Second. Donnell: Second. De Weerd: Okay. Motion to close the Public Hearing on Item 11. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. De Weerd: Do we have any comments or do I have a motion? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve CUP 05-043, including the Findings, Conditional Use Permit for a private medical practice in Meadow Lake Village and to take all public, applicant, and staff comments. Rountree: Second. De Weerd: Okay. Motion is to approve Item 11. If there is no discussion, Mr. Berg, will you call roll. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea. MOTION CARRIED: ALL AYES. Item 12: Public Hearing: VAR 05-020 Request for a Variance request for a third time extension to record the final plat for Schwenkfelder Tire Subdivision by Pinnacle Engineers, Inc. - Meridian Road west of Franklin Road: De Weerd: Thank you. Okay. Item 12 is a Public Hearing on VAR 05-020. I will open the Public Hearing with staff comments. Canning: Madam Mayor, Members of the Council, I apologize that this even got on your agenda. I went to read the staff report and rejected the application at that time. We are returning the funds to the owner, a full refund. This preliminary plat, after a two time extension, had been expired for a year and a month and I would not accept a variance to -- for a time extension. Meridian City Council October 18,2005 Page 26 of 31 De Weerd: Okay. Thank you. Ifs still listed on our agenda. Is there anyone who would like to provide testimony on this application? Okay. Thank you, Anna. Mr. Baird, appropriate action? Baird: Madam Mayor, Members of the Council, I think at this point, given the fact that the application has been rejected, you can simply entertain a motion to vacate the Public Hearing. That will take care of the whole thing. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: Do we close the Public Hearing first? Baird: Sure. Rountree: I move we close the Public Hearing for Item No. 12. Donnell: Second. De Weerd: Okay. Motion is to close the Public Hearing on Item 12. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we vacate the Public Hearing for VAR 05-020. Donnell: Second. De Weerd: Okay. Motion is to vacate Item 12. Mr. Berg, would you, please, call roll. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea. MOTION CARRIED: ALL AYES. De Weerd: Okay. Donnell: Madam Mayor, before we go into the ordinances, I just have one question. I'd just like to know how many of these young people want to be a City Council person when they grow up. Bird: That guy right over there. Meridian City Councll October 18, 2005 Page 27 of 31 Canning: What about planners? Donnell: Oh. And maybe be a planner. Or a Mayor. Or a clerk. Bird: How about attorney? Donnell: An attorney. Baird: Don't go there. Bird: That's where all the money is, guys. De Weerd: Certainly not in these positions. Donnell: We have a lot of fun up here. I just wanted you to know that, so that you will look forward to this. De Weerd: Well, they can tell. Bird: How come that one student is a little older? Rountree: Just a little bit. Just a little bit. Item 14: Bird: And she's sitting next to the homecoming queen. Item 15: Item 16: Item 17: Item 18: Ordinance No. Amending Title 10, Chapter 3, Section 7, of the Meridian City Code Regarding the Electrical Code: Ordinance No. AZ 05-024 Request for Annexation and Zoning of 5 acres to L-O zone for Seventh Dav Adventist Church by Hawkins Companies - 1735 North Black Cat Road: Ordinance No. AZ 05-030 Request for Annexation and Zoning of 5.1 acres to R-8 zone for Windwalker Subdivision by Beckit Development, Inc. - 2770 South Locust Grove Road: Ordinance No. AZ 05-039 Request for Annexation and Zoning of 4.99 acres from RUT to R-8 zone for Pisa Place Subdivision by Howard Jenkins - 3893 South Locust Grove Road: Ordinance No. AZ 05-037 Request for Annexation and Zoning of 3.57 acres from R-1 to R-8 zone for Meridian City Council October 18,2005 Page 28 of 31 Breinholt Subdivision by Richard and Susan Breinholt - 2580 North Meridian Road: Item 19: Ordinance No. AZ 05-041 Request for Annexation and Zoning of 10.15 acres from RUT to R-8 zone for Woodburn Subdivision by Centennial Development, LLC - 840 West Ustick Road: De Weerd: Okay. Items 14 through 19 are ordinances number 05-1190, 1191, 1192, 1193, 1194, and 1195. Mr. Berg, will you, please, read these ordinances by title on Iy. Berg: Thank you, Madam Mayor, Members of the Council. Ordinance No. 05- 1190, an ordinance amending Title 10, Chapter 3, Section 7 of the Meridian City Code regarding the electrical code and providing for a waiver of the reading of the rules and providing an effective date. Berg: Ordinance 05-1191, an ordinance for annexation of property located in a portion of the southeast quarter of the southeast quarter of Section 4, Township 3 North, Range 1 West, 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 lands from RUT to L-O 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. Berg: Ordinance No. 05-1192, an ordinance for annexation of property located in the northwest quarter of the southeast quarter of Section 20, Township 3 North, Range 1 West, 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 lands from RUT to R-8 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. Berg: Ordinance 05-1193, an ordinance for annexation of property located in the southeast quarter of the northeast quarter of Section 30, 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 lands from RUT to R-8 in the Meridian City Code, providing that copies. of this ordinance shall be filed with the Ada County Meridian City Council October 18, 2005 Page 29 of 31 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. Berg: Ordinance 05-1194, an ordinance for annexation of property located in the southwest quarter of the northwest 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 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-1 to R-8 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. Berg: Ordinance No. 05-1195, an ordinance for annexation of property located in the southeast quarter of the southwest quarter of Section 36, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, as described in Attachment A and annexing certain lands and territory situated in Ada county, Idaho, and adjacent and contiguous to the corporate limits of the city of Meridian as requested by the City of Meridian, establishing and determining the land use zoning classification of said lands from RUT to R-8 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. De Weerd: You have heard these ordinances read by title only. Is there anyone who would like hear them read in their entirety? Thank you. Council, I will entertain a motion to approve Ordinances 14 through 19. Wardle: Madam Mayor? De Weerd: Yes, Mr. Wardle. Wardle: I move that we approve Items 14 through 19, Ordinances 05-1190 through 05-1195. Donnell: Second. De Weerd: Okay. Bird: Suspension of rules. Wardle: With suspension of rules. Thank you. Donnell: Second. Meridian City Council October 18, 2005 Page 30 of 31 De Weerd: Okay. Motion and second to approve Items 14 through 19. If there is no further discussion, Mr. Berg, will you call roll. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea. call MOTION CARRIED: ALL AYES. De Weerd: Thank you. Item 20 is an Executive Session per Idaho State Code 67- 2345(1 )(c). Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Before I make the motion, I want to compliment these kids again. Some of them have been here again. But all of them -- you guys have really represented your school real well, behaved yourselves. We appreciate it and who are we kicking this weekend, now that we got rid of Mountain View last weekend? Twin Falls. Are they coming here or do we have to go down there? What do you mean? We kicked Mountain View last week. Right, boys? Madam Mayor, I would move that we go into Executive Session per Idaho State Code 67-2345(1)(c). Rountree: Second. De Weerd: Okay. Motion to go into Executive Session. Mr. Berg, will you call roll. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea. MOTION CARRIED: ALL AYES. EXECUTIVE SESSION: De Weerd: I would entertain a motion to come out of Executive Session. Bird: So moved. Rountree: Second. De Weerd: All those in favor say aye. ALL AYES. MOTION CARRIED. De Weerd: Motion to adjourn? Bird: Madame Mayor. Meridian City Council October 18, 2005 Page 31 of 31 De Weerd: Mr. Bird. Bird: Don't you have something to delegate to someone else? (Inaudible----------). (Inaudible discussion) Bird: I am kind of shaky. I don't want to have to be defending myself in court. (Inaudible discussion) Bird: Okay, move to adjourn. Rountree: Second. De Weerd: Okay, all those in favor say aye. ALL AYES. MOTION CARRIED. MEETING ADJOURNED AT 8:23 P.M. Sft>>vn..-NAA~ f jJreJl?{~f~ei, Cp+ October 14, 2005 MERIDIAN CITY COUNCIL MEETING APPLICANT October 18, 2005 ITEM NO. 5-F REQUEST Agreement with Valley Ride / Valley Regional Transit for FY 2006 Dues and Intercounty Services AGENCY CITY CLERK: ClTY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDlAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRlCT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS lRRIGATION: I DAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: COMMENTS See attached ~~ Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meetings shall become property of the City of Meridian. COOPERATIVE AGREEMENT BETWEEN VALLEY REGIONAL TRANSIT AND CITY OF j\{ERlDIAN FOR ANNUAL DUES AND SERVICE CONTRIBUTION THIS COOPERATIVE AGREEMENT ("Agreement") is entered into this 1 st day of September 2005 by and between VALLEY REGIONAL TRANSIT, a regional public transportation authority authorized under Chapter 21, Title 40, Idaho Code ("VRT"), and the City of Meridian, a municipal corporation organized, existing and authorized under Chapter 1, Title 50, Idaho Code ("Member") RECITALS A. VRT is the regional public transportation authority created to serve Ada and Canyon Counties, pursuant to Chapter 21, Title 40, Idaho Code, and as a result of November 3, 1998 public referendum. VRT provides publicly funded or publicly subsidized transportation services and programs in Ada and Canyon Counties. B. Member is a municipal corporation authorized under Chapter 1, Title 50, Idaho Code. C. Idaho Code S 40-2109(7) provides that VRT may enter into cooperative agreements with the state, other authorities, counties, cities and highway districts under the provisions of Idaho Code S 67-2328, which expressly authorizes public agencies to enter into agreements with one another for cooperative action for purposes within the power, privilege, or authority of said agencies. D. Idaho Code S 40-2110 provides that counties, cities, highway districts and other governmental entities in the region may enter into cooperative agreements with the regional public transportation authority in order to contribute funds from any source in recognition of costs of the authority. E. There are two primary programs which VRT budgets and funds each year. First, VRT budgets and establishes annual dues for its regular and special members, with dues for its regular members calculated pursuant to a population based formula, and dues for its special members calculated pursuant to a negotiated amount. Second, VRT budgets and establishes service contribution requirements to support the operation of motor bus services within the Nampa Urbanized Area and the Boise Urbanized Area. F. VRT has budgeted $88,403.71 for Member to contribute for its annual dues and service contribution; Member has budgeted the same amount for its VRT annual dues and service contribution. G. Service contributions support the following modes: Page 1 of4 1) Nampa Express Service (Routes 40 & 43): Operates between Nampa and Boise making a limited number of designated stops in Caldwell, Meridian, and Boise. The service operates Monday t1uu Friday from 5:35 A.M. to 6:25 P.M. The service generally utilizes 24 passenger, 2 wheelchair capacity buses each equipped with a bicycle rack. 2) Nampa Limited Stop Service (Route 42): Operates between Nampa and Boise making several designated stops in Nampa, Meridian, and Boise. The service operates Monday thru Friday from 5:35 A.M. to 8:27 P.M. The service generally utilizes 20 passenger, 2 wheelchair capacity buses each equipped with a bicycle rack. 3) Nampa Fixed Line (Routes 51, 52, 53, & 54): Operates in the Nampa Caldwell city limits on defined bus routes at scheduled intervals based on a flag stop system with no defined bus stop locations. All service operates from 6:20 A.M. to 7:56 P.M. Monday thru Friday. The service generally utilizes 20 passenger, 2 wheelchair capacity buses each equipped with a bicycle rack. 4) Boise Fixed Line (Routes 1-10, 13-14, 16-17, & 29): Operates in the Boise and Garden City limits on defined bus routes at scheduled intervals. All service operates from 5:15 A.M. to 7:40 P.M. Monday tbru Friday and 7:45 A.M. to 6:10 P.M. on Saturday. The service generally utilizes 26-36 passenger, 2 wheelchair capacity buses each equipped with a bicycle rack. 5) Nampa & Boise ADA Paratransit (Demand Response): Service provided to the disabled that is complimentary to the fixed line service. Curb to curb service is provided within 3/4 mile of any fixed line service to any person who has physical or mental disabilities that prohibit them for accessing the fixed line service. Service is provided on a demand basis during the same hours of service as fixed line hours. The service generally utilizes 10 passenger, 2 wheelchair capacity vehicles. AGREEMENT NOW, THEREFORE, in consideration of foregoing recitals, which are made a part of this Agreement and not mere recitals, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, it is mutually agreed as follows: Page 2 of4 Section 1. Term. This Agreement shall be in effect from the 1 st day of October, 2005, and will terminate on the 30th day of September, 2006, unless earlier terminated pursuant the mutual written agreement ofthe parties hereto. Section 2. Purpose. The purpose ofthis Agreement is: (a) For Member to pay arumal dues and a service contribution to VRT for Fiscal Year 2006 in the amount of$88,403.71 in contribution to the costs ofVRT and in support of transportation services within the Nampa Urbanized Area and/or Boise Urbanized Area. Attachment A provides a detailed description of those services supported under this Agreement. (b) For VRT to use said annual dues for costs budgeted under its regional planning and program administration, and to use said service contribution for costs budgeted under its regional operating plan. Section 3. Compliance. VRT, in using said dues and service contributions, shall comply with all conditions required by applicable federal, state and local laws and regulations, and shall maintain, in accordance with generally accepted accounting practices and principles, records and books of account regarding said dues and operating costs. Section 4. Payment. (a) Member shall pay its annual dues and service contribution up to the aforesaid amount of $88,403.71 within 30 days of invoice to VRT at the following address, unless Member is notified in writing by VRT of a new address: Valley Regional Transit 830 North Main Street, Suite 230 Meridian, Idaho 83642 (b) Member's address, for the purpose of notice or correspondence, unless VR T is notified in writing by Member of a new address, is as follows: City of Meridian Attn: Bill Nary 33 East Idaho Meridian, Idaho 83642 Section 5. Miscellaneous. (a) Each party hereto represents and warrants that each person executing this Agreement on behalf of such party is, at the time of such execution, duly authorized to do so by such party's governing body, and is fully vested with the authority to bind such party in all respects. (b) If any provision of this Agreement is held invalid, illegal, or unenforceable, the remainder shall be construed to conform to the intent of the parties, and shalI survive the severed provisions. Page 3 of4 (c) Except as provided otherwise herein, this Agreement and any attachments hereto constitute the entire Agreement between VRT and Member concerning the subject matter hereof. The provisions oftms Agreement shall be construed as a whole and not strictly for or against any party. (d) The captions and headings in this Agreement are for reference only and shall not be deemed to define or limit the scope or intent of any of the terms, covenants, conditions or agreements contained herein. ( e) This Agreement is not intended to create, nor shall it in any way be interpreted or construed to create, any third party beneficiary rights in any person not a party hereto. (f) successors and assigns. This Agreement shall be binding on the parties hereto, and their EXECUTED and effective as of the date first above written. Valley Regional Transit: \(~ ~^<~ Kelli Fairless Executive Director Page 4 of4 Invoice 8/31/2005 34 Bill To: CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN ID 83642 Reference # 000000002916 FY06 DUES Terms; Page 1 Line Item # Description Quantity UlM Unit Price Extended Price Mise Mise FY06 Dues FY06 Intercounty services 1.00 EA $36,217.71 1.00 EA $52,186.00 $36,217.71 $52,186.00 SubTotal: Invoice Total: $88,403.71 $88,403.71 830 North Main Street, Suite 230 · Meridian, Idaho 83642. Phone (208) 846-8547 . Fax (20B) 846-8564 October 14, 2005 MERIDIAN CITY COUNCIL MEETING APPLICANT October 18, 2005 ITEM NO. 5wG REQUEST Renewal of Contract for Prosecution Services with the City of Boise 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 fivrr vV Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meetings shall become property of the City of Meridian. Cary B. Colaianni Boise City Attorney Boise City Hall 150 N. Copilol Boulevard Morling Address p. o. Bo~ 500 Boise, Idaho 83701-0500 Phone 208/384.3B70 Fox 208/384-4454 TDDJTTY 800/377 -352 9 Web www.cilyofboise.org Mayor David H. Bieler City Council President Maryanne Jordon Council ProTem Elaine Clegg Vernon l. Bislerfeldl David Eberle Alan W. Shealy M. Jerome Mopp An Equal Opportunity Empfoycr @ Prinlc-d on recycled paper Boise City Attorney's Office October 4, 2005 Mr. Bill Nary Meridian City Attorney! HR Director 33 East Idaho Meridian, ID 83642 Dear Bill: ~ IECCill]J\'filllID. OCT 0 7 2005 Human Resources/Legal City of Meridian Enclosed are two copies of the Addendum No, 3 to Agreement for City Prosecutor! Criminal Legal Services. Please have your mayor sign both copies and return one to us for our files. As always, we appreciate the good relationship between our two cities. Sincerely, CBC/daq Enclosures RESOLUTION NO. 18787 BY THE COUNCIL: BISTERFELDT, CLEGG, EBERLE, JORDAN, MAPP AND SHEALY A RESOLUTION APPROVING ADDENDUM NO.3 TO AN AGREEMENT BY AND BETWEEN THE CITY OF BOISE CITY (LEGAL DEPARTMENT) AND THE CITY OF MERIDIAN TO EXTEND PROSECUTORIAL AND POLICE LEGAL ADVISOR SERVICES TO MERIDIAN; AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AND ATTEST SAID ADDENDUM NO.3 ON BEHALF OF BOISE CITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on November 1, 2002, the City of Boise and the City of Meridian entered into an agreement for Boise to provide prosecutorial and police legal advisor services to Meridian; and WHEREAS, the City of Boise and the City of Meridian have agreed to an extension and modification to the terms of the original agreement. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF BOISE CITY, IDAHO: Section 1. That Addendum No.3 to the Agreement by and between the City of Boise City and the City of Meridian, a copy of said Addendum No.3 marked Exhibit "A" being attached hereto and incorporated herein by reference, be, and the same is hereby, approved as to both form and content. Section 2. That the Mayor and City Clerk be, and they hereby are, authorized to respectively execute and attest said Addendum No.3 for and on behalf of the City of Boise City. Section 3. That this Resolution shall be in full force and effect immediately upon its adoption and approval. ADOPTED by the Council of the City of Boise, Idaho, this 27th day of September, 2005. I:lLegal Divisions/Legal Public Safety Division/Resos 2005/Meridian Resolution R-305-05 27th APPROVED by the Mayor of the City of Boise, Idaho this September, 2005. ATTEST: /~$l?ah9~"g. . ITY CLERK / day of A~ MAYOR I:/Legal Divisions/Legal Public Safety DivisionfResos 2005f.Meridian Resolution R-305-05 EXHIBIT" A" ADDENDUM NO.3 TO AGREEMENT FOR CITY PROSECUTOR/CRIMINAL LEGAL SERVICES DATED NOVEMBER 1, 2002 The following is an addendum to that certain Agreement for City Prosecutor/Criminal Legal Services between the City of Meridian, a municipal corporation organized and existing by virtue of the laws of the State ofIdaho (hereinafter referred to as "MeridianTl), and the City of Boise, a municipal corporation organized and existing by virtue of the laws of the State of Idaho (hereinafter referred to as "Boisetl). specifically to the sections pertaining to 4.1 Payment for Services and 9 Possible Extension of Term of Agreement, which are subsequent to entering into the original Agreement for City Attorney/Civil Legal Services dated November 1,2002. The parties hereto agree as follows: 1. Pursuant to the Payment For Services under Section 4.1 of the original Agreement. Section 4.1 is modified to read as follows: 4.1 As compensation for all Primary Legal Services, including all out-of-pocket expenses incurred by Boise in performing the Primary Legal Services, Meridian shall pay Boise the total sum of twenty thousand, forty and 00/100ths dollars ($20,040) per month, with the annual total cost of$240,480. 2. Pursuant to Possible Extension of Term of Agreement under Section 9 of the original Agreement, Section 9 is modified to read as follows: POSSIBLE EXTENSION OF TERM OF AGREEMENT. The parties have mutually agreed to renew or extend the term oftms Agreement, as provided in the Contract Extension - FY-2006, mar~ed Exhibit "B" attached hereto. 3. Except as modified by this Addendum No.3, the original Agreement for City Prosecutor/Criminal Legal Services between the City of Meridian and the City of Boise dated November 1, 2002, which incorporates Addendums No.1 and 2, is hereby ratified and confirmed. IT IS SO AGREED. IN WITNESS WHEREOF, the parties have executed this Addendum No.3 on this 27th day of September ,2005. Meridian Addendum No.3 Pagel MERIDIAN : CITY OF MERIDIAN BOISE: CITYOFB~. /1)' 'A . BY: ~~ Mayor David Bieter ATTEST: Meridian Addendum No.3 Page2 STATE OF IDAHO) ss: County of Ada, ) On this IS*daYOf 0 c.fohoL ,2005, before me, a Notary Public, personally appeared TatnmY de Weerd and William G. Berg, Jr., lmown or identified to me to be the persons whose names are subscribed to the within and foregoing instrument as the Mayor and City Clerk, respectively, of the City of Meridian, and who aclmowledged to me that they executed the same for the City of Meridian. IN WITNESS WHEREOF, I have hereunto affixed my official seal the day and year first above written. . ...\!IH...... ...\~<) ~~~.. :~~OT~~~.. · l I ~ i \ j : ...~',~\Q~~l .1~PI.~... (SEAL) , STATE OF IDAHO) ss: County of Ada, Sha;l!n~'-#v Notary Public for Idaho J . Residing at: fhL L/o t{. J 0- My Commission Expires: 10--(5-// On this ~ day of September . 2005 before me, a Notary Public, personally appeared David Bieter and Annette P. Mooney, known or identified to me to be the persons whose names are subscribed to the within and foregoing instrument as the Mayor and City Clerk, respectively, of the City of Boise, and who aclmowledged to me that they executed the same for the City of Boise. " IN WITNESS WHEREOF, I have hereunto affixed my official seal the day and year first above written. """~;"~~~'W;'!~##, (SEAL) 1~4.;.."'..."..;:~ 1$1 ~OTt\~r V~'\ i s= t -.., i ~ i \\l.P;~..PUBL\C.l l ':0, ~ 1'............ ~o ..,/ .,"',.#,~.~.~.I~~'~"'.... MeridianAddendum No.3 , 1 ') Page3 EXHIBIT "B" CONTRACT EXTENSION - FY-2006 Prosecution and Criminal Lefml Service for the City of Meridian Cost for Services The Boise City Attorney's office proposes to continue to offer Meridian City a flat annual fee to be billed in monthly installments to provide the services described in tIns proposal. Primarv Legal Services Primary prosecutoriallegal services include: · Prosecutorial intake screening and review of all police-generated reports and citations; · Timely filing decision and notification back to MPD and customer; · Prosecution of infractions and misdemeanors occurring within the Meridian City limits or pursuant to the Memorandum of Understanding between MPD and BPD; · Prosecution on behalf of other prosecuting agencies (conflicts and transfers) involving MPD, including infractions, misdemeanors, and felony cases; · Coverage of the caseload in Family Violence Court. Primary civil legal advice and guidance to the Meridian Police Chief and MPD include: · Access to members of the Public Safety/Enterprise teani for immediate assistance 24 hours a day 7 days a week through cell phone RnO/OT PRfAT unOAT M~prntor.()l; · On-site legal services by the dedicated assigned Police liaison attorney two days each week; · Written responses to Legal Information Requests approved by the Meridian Police Chief; · Routine review and approval ofthe MPD's public records requests and property dispositions; , · Superior legal training for Block Training, Advanced Academy, on search and seizure, public record requests, property dispositions, internal affairs, and civil liability; · Training on other needs (including those identified through the screening process) by request of the Meridian Police Chief; · Regular legal bulletins, including Idaho case law, U.S. Supreme Court, and the Ninth Circuit. Basic Victim/Witness services include: · Timely contact with victims (either by telephone or automated letter notice) by a victim/witness coordinator to advise of victim rights on all assumed cases; · Preparation of victims/witnesses for domestic violence-related cases (domestic assault, domestic battery, VIolation of no contact order, violation of protection order, stalking, telephone harassment when associated with one ofthe preceding, and malicious injury to property when associated with one ofllie preceding) and all cases with restitution; · Coordination and liaison with prosecutor on the above-mentioned cases. Annual Cost -$240,480 Optional Services Monthly Installment - $20,040 Boise City also provides this optional service to Meridian: · On-call victim/witness services (2417) for both misdemeanor and felony domestic violence-related cases and any other violent crimes, including sexual assault, rape, etc. $521hour + mileage to and from the crime scene, victims' locations, or court *Mileage will correspond with the City of Boise's mileage rate (currently $O.0365/mile) October 14, 2005 MERIDIAN CITY COUNCIL MEETING APPLICANT Hawkins Companies AZ 05-024 October 18,2005 ITEM NO. 5-H REQUEST Development Agreement - Request for Annexation and Zoning of 5 acres to L-O zone for Seventh Day Adventist Church - 1 735 North Black Cat Road AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: Date: 101)? /6~ Phone: OIY1 Sta'ff In(tiaJs: uQ, Materials presented at public meetings shall become property of the City of Meridian. COMMENTS See attached ~~ October 14, 2005 MERIDIAN CITY COUNCIL MEETING APPLICANT Dave Evans Construction V AC 05-011 October 18, 2005 ITEM NO. 5-1 REQUEST Resolution - Request for a Vacation of Irrigation Easements for Bonito Subdivision -- 3041 East Copper Point Drive AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: COMMENTS See attached ~O,.kl~ ~( ptMVe6/ Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meetings shall become property of the City of Meridian. October 14, 2005 MERIDIAN CITY COUNCIL MEETING APPLICANT October 18, 2005 ITEM NO. 5-J REQUEST Memorandum of Understanding between Blackrock, LLC and Blackrock Subdivisio HOA and the City of Meridian for Hookup to City Water and Sewer AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: COMMENTS See attached ~~ Contacted: Emailed: Dtvvl u/0l9 ol Date: Staff Initials: Phone: ~~( - G3lf<l Materials presented at public meetings shalt become property of the City of Meridian. [m ID-2:; iD 9i~ MEMORANDUM OF UNDERSTANDING BETWEEN BLACKROCK, LLC AND BLACKROCK SUBDIVISION HOA AND THE CITY OF MERIDIAN THIS MEMORANDUM OF UNDERSTANDING is made and entered into this day of , 2005, by and between Blackrock Subdivision Homeowners Association, Inc. (HOA), Blackrock, LLC, and The City of Meridian, Idaho (City), to establish a mutual understanding of the duties and responsibilities pertaining to the hookup to City's sewer and water system outside city limits at the Blackrock, LLC as located as shown in Figure 1. WHEREAS, Blackrock, LLC is the sole owner, in law and/or in equity of certain tract of land in the County of Ada, State of Idaho, generally depicted in Figure 1 and commonly known as the Blackrock Subdivision, hereinafter referred to as the Property; and WHEREAS, Idaho Code 350-323, provides and empowers cities to establish, create, develop, maintain and operate Sewer/Water systems; and WHEREAS, City operates and maintains and develops a Sewer/Water system; and WHEREAS, the City has enacted an ordinance governing its Sewer/Water system codified in Meridian City Code 3 9-4-26 and 9-1-16; and WHEREAS, the Blackrock, LLC is the owner of the Property, which is presently located outside of the city limits of the City; and WHEREAS, the Blackrock, LLC is desirous of obtaining connection to the Sewer/Water to serve the Property and the City is willing to provide that connection to the Sewer/Water service to the Blackrock, LLC subject to the terms and conditions and consideration of this agreement, and it is specifically agreed that as a specific consideration of the City's willingness to enter into this agreement that the City's Ordinance and Policy/Regulations which govern its Sewer/Water system be included as Blackrock - 1 of 7 terms and conditions of this agreement and that the Blackrock, LLC provide perpetual consent to annexation of the Property in to the City. NOW, THEREFORE, the parties hereby agree as follows: Water BJackrock, LLC will extend a 12" water main from the CITY water system to Blackrock. Blackrock, LLC will be reimbursed according to Meridian Code 9-1-13 Reimbursement Agreements where applicable. The water will feed into a Booster Station building, constructed by Blackrock, LLC and is to meet CITY specifications and approval. The building will be designed and constructed to allow for a future CITY well, which will be constructed by the CITY. The booster station will have SCADA as approved by the CITY and provided by Blackrock, LLC. Additionally, Blackrock, LLC will construct a Pressure Reducing Valve (PRV) at this site, which will meet specifications and approved by the CITY. Blackrock, LLC may use the 2 booster pumps and variable- frequency-drive (VFD) located at Well 14, which are "as-is", provided they are adequate to provide the required flows. Blackrock, LLC is to donate the site to the CITY, which will have a minimum 125'x125' dimension located near the pressure boundary and approved by the CITY. Blackrock, LLC will provide an easement for a future waste line constructed by the CITY from this site to an appropriate drain ditch. Blackrock, LLC will sleeve all road crossings and other appropriate places to minimize future construction costs for the waste line. The Booster Station will have backup power with 24 hr tank capacity for both pumps as approved by the CITY. Blackrock, LLC will construct a water distribution system which will meet CITY standards and will be approved by CITY prior to construction. Blackrock - 2 of 7 CITY will operate the pumping facilities and distribution system. CITY will collect hookup fees and monthly fees for this service. Sewer Lift Station and Pressure Sewer Blackrock, LLC will construct a Lift Station and pressure sewer line which will connect into CITY sewer collection system. The lift station will be owned by the HOA and operated and maintained by Challenger Electric (or equivalent). The pressure sewer will be owned, by the City and the costs for maintenance shall be paid by the Homeowners Association. The lift station will be designed to pump "off peak" to minimize impact to the CITY sewer system. Storage capacity will be approved by CITY and will have odor reducing capability as directed by CITY. Additionally, the HOA and operator will add odor reducing chemicals if CITY determines this is required. The lift station and pressure sewer lines will meet CITY standards and will be approved by CITY prior to construction. Blackrock, LLC will provide bonding and/or other guaranties as required by CITY for future abandonment of the lift station and pressure sewer upon annexation. BJackrock, LLC will provide SCADA to the WWTP as approved by the CITY. The HOA will pay for maintenance of the lift station and pressure sewer. Blackrock - 3 of 7 Sewer Lines Blackrock, LLC will construct the sewer collection system which will meet CITY standards and be approved by CITY prior to construction. CITY will operate the collection system and will collect hookup and maintenance fees. Inspection CITY will inspect construction of all utilities to ensure that they meet CITY specifications. Blackrock, LLC will pay for all overtime which may be required for this service. Annexation At such time as the property becomes legally eligible for annexation into the City, Blackrock, LLC or by any successor or successors agree to give consent to annexation, to pay the annexation application fee, apply for annexation, and diligently pursue annexation into the City. Agreement to Negotiate to Final Agreement The parties contemplate that further negotiations will take place regarding the subject matter of this agreement and that parties will execute a more detailed Final Agreement containing additional details and provisions. IN WITNESS WHEREOF, the parties do execute this Memorandum of Understanding the day and year first above written. Blackrock - 4 of 7 BlACKROCK, LLC By Dan Wood, Member BlACKROCK, LLC SUBDIVISION HOMEOWNERS ASSOCIATION, INC. By Dan Wood, Director CITY OF MERIDIAN, IDAHO By: Tammy de Weerd, Mayor Attest: William Berg, Jr., City Clerk STATE OF IDAHO, ) : ss. County of Ada, ) On this _day of ,2005, before me, the undersigned, a Notary Public in and for the State of Idaho, personally appeared Dan Wood, known or identified to me to be Member of Blackrock, LLC, who executed this instrument on behalf of said Corporation and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. SEAL Notary Public for Idaho Residing at: My commission Expires: Blackrock - 5 of 7 STATE OF IDAHO, County of Ada, ) On this _day of ,2005, before me, the undersigned, a Notary Public in and for the State of Idaho, personally appeared Dan Wood, known or identified to me to be a Director of the Blackrock, LLC Homeowners Association, Inc, who executed this instrument on behalf of said Corporation and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. SEAL Notary Public for Idaho Residing at: My commission Expires: STATE OF IDAHO, } : ss. County of Ada, ) On this _day of ,2005, before me, the undersigned, a Notary Public in and for the State of Idaho, personally appeared Tammy de Weerd and William G. Berg, Jr., known to me to be the Mayor and City Clerk of the City of Meridian, Idaho and who subscribed their names to the within instrument and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. SEAL Notary Public for Idaho Residing at: My commission Expires: Blackrock - 6 of 7 i ~ ~ ~ ~ I = bll ~ f'- 4- o f'- .:::t:. () e .:::t:. () ro CD CBliul(.roct LLC 5450 111. (iowen CR,patf CBoise, Idalio 83709 208-362-6152 January 26,2005 The Honorable Tammy DeWeerd and City Council City of Meridian 33 E. Idaho Meridian, Idaho 83642 Re: Meridian Impact Area Dear Mayor DeWeerd and City Council: We, the undersigned, are property owners in the Area of Reference but outside of your Area of Impact. Our properties contain 430 acres. These properties are bound by Amity Road, Lake Hazel Road, Locust Grove Road and Boise City Limits. We hereby respectfully request the City of Meridian to extend its Area ofImpact to include these properties. Attached is a map showing the existing boundaries and properties in question. The city limits and development is quickly approaching the Area of Impact boundary. It appears the City is able to provide services to support the additional area. Eagle Road, from 184 south, can support more traffic growth than any other area of the city. Please initiate the process of extending the Meridian City Area of Impact boundary to include these properties. J~ ~c.d <670- b ~-'-f lf ~. v\)! (, 3 S 1- G 3 ~. r;j' April 19 Council Meeting - Black Rock/United Water PUC Application Will Berg From: Brad Watson [watsonb@meridiancity.org] Sent: Monday, April 18, 2005 3:27 PM To: Will Berg; Tara Green Cc; Mayor De Weerd; Bill Nary; Anna Canning; Shaun Wardle Subject: April 19 Council Meeting - Black RocklUnited Water PUC Application Will, As we discussed this afternoon, I need to discuss United Waters pending PUC application with City Council tomorrow night. This application was initiated at the request of Dan Wood for his proposed Black Rock project south of Amity. between Locust Grove and Eagle Roads. PUC's staff report was not available to me until late Friday afternoon with written comments due to them this coming Friday. Could I get a spot at the end of the Council agenda to discuss this with themr please? Thank you, BRW 4/18/2005 ** TX REPORT ** AS OF OCT 31 PAGE. 01 ClTY OF MERID IAN DATE T I ME TO/FROM MODE M I N/SEC PGS CMDI=! STATUS 02 10/31 10: 41 CORNERSTONE.. T /R. FAX G3--S 133' 56" 007 038 OK MEMORANDUM OF UNDERSTANDING BETWEEN BLACKROCK, LLC AND BLACKROCK SUBDIVISION HOA AND THE CITY OF MERIDIAN THIS MEMORANDUM OF UNDERSTANDING is made and entered into this /7 fA day of t)&Ioh..t..Y- , 2005, by and between Blackrock Subdivision Homeowners Association, Inc. (HOA), Blackrock, LLC, and The City of Meridian, Idaho (City), to establish a mutual understanding of the duties and responsibilities pertaining to the hookup to City's sewer and water system outside city limits at the BJackrock. LLC as located as shown in Figure 1. WHEREAS, Blackrock, LLC is the sole owner, in law and/or in equity of certain tract of land in the County of Ada, State of Idaho, generally depicted in Figure 1 and commonly known as the Blackrock Subdivision, hereinafter referred to as the Property; and WHEREAS, Idaho Code ~50-323, provides and empowers cities to establish, create, develop, maintain and operate SewerlWater systems; and WHEREAS, City operates and maintains and develops a SewerfWater system; and WHEREAS, the City has enacted an ordinance governing its SewerlWater system codified in Meridian City Code 99-4-26 and 9-1~16; and WHEREAS, the BJackrock, LLC is the owner of the Property, which is presently located outside of the city limits of the City; and WHEREAS, the Blackrock, LLC is desirous of obtaining connection to the SewerlWater to serve the Property and the City is willing to provide that connection to the SewerflNater service to the Blackrock, LLC subject to the terms and conditions and consideration of this agreement, and it is specifically agreed that as a specific consideration of the City's Willingness to enter into this agreement that the City's Ordinance and Policy/Regulations which govern its SewerlWater system be included as Blackrock - 1 of 7 iiiiiiCi ;;;;;;;;;;; ~ _1..(1 iiEiiiii '.,[1 ~ -~ ~ _ S ~ C1 ~~ I;~t Zcr:;:>C1c..:t ~~~i~ ~ ~iiU~:~ ~ :E THIS MEMORANDUM OF UNDERSTANDING is made and entered into this /7 fA day of I) &fo~ , 2005, by and between Blackrock Subdivision Homeowners MEMORANDUM OF UNDERSTANDING BETWEEN BLACKROCK, LLC AND BLACKROCK SUBDIVISION HOA AND THE CITY OF MERIDIAN Association, Inc. (HOA), Blackrock, LLC, and The City of Meridian, Idaho (City), to establish a mutual understanding of the duties and responsibilities pertaining to the hookup to City's sewer and water system outside city limits at the Blackrock, LLC as located as shown in Figure 1. WHEREAS, Blackrock, LLC is the sole owner, in Jaw and/or in equity of certain tract of land in the County of Ada, State of Idaho, generally depicted in Figure 1 and commonly known as the Blackrock Subdivision, hereinafter referred to as the Property; and WHEREAS, Idaho Code S50-323, provides and empowers cities to establish, create, develop, maintain and operate SewerfW ater systems; and WHEREAS, City operates and maintains and develops a SewerfWater system; and WHEREAS, the City has enacted an ordinance governing its SewerlWater system codified in Meridian City Code S 9-4-26 and 9-1-16; and WHEREAS, the Blackrock, LLC is the owner of the Property, which is presently located outside of the city limits of the City; and WHEREAS, the Blackrock, LLC is desirous of obtaining connection to the SewerlWater to serve the Property and the City is willing to provide that connection to the Sewer/Water service to the Blackrock, LLC subject to the terms and conditions and consideration of this agreement, and it is specifically agreed that as a specific consideration of the City's willingness to enter into this agreement that the City's Ordinance and Policy/Regulations which govern its SewerlWater system be included as Black rock - 1 of 7 terms and conditions of this agreement and that the Blackrock, LLC provide perpetual consent to annexation of the Property in to the City. NOW, THEREFORE, the parties hereby agree as follows: Water Blackrock, LLC will extend a 12" water main from the CITY water system to Blackrock. Blackrock, LLC will be reimbursed according to Meridian Code 9-1-13 Reimbursement Agreements where applicable. The water will feed into a Booster Station building, constructed by Blackrock, LLC and is to meet CITY specifications and approval. The building will be designed and constructed to allow for a future CITY well, which will be constructed by the CITY. The booster station will have SCADA as approved by the CITY and provided by Blackrock, LLC. Additionally, Blackrock, LLC will construct a Pressure Reducing Valve (PRV) at this site, which will meet specifications and approved by the CITY. Blackrock, LLC may use the 2 booster pumps and variable- frequency-drive (VFD) located at Well 14, which are "as-is", provided they are adequate to provide the required flows. Blackrock, LLC is to donate the site to the CITY, which will have a minimum 125'x125' dimension located near the pressure boundary and approved by the CITY. Blackrock, LLC will provide an easement for a future waste line constructed by the CITY from this site to an appropriate drain ditch. Blackrock, LLC will sleeve all road crossings and other appropriate places to minimize future construction costs for the waste line. The Booster Station will have backup power with 24 hr tank capacity for both pumps as approved by the CITY. Blackrock, LLC will construct a water distribution system which will meet CITY standards and will be approved by CITY prior to construction. Blackrock - 2 of 7 CITY will operate the pumping facilities and distribution system. CITY will collect hookup fees and monthly fees for this service. Sewer Lift Station and Pressure Sewer Blackrock, LLC will construct a Lift Station and pressure sewer line which will connect into CITY sewer collection system. The lift station will be owned by the HOA and operated and maintained by Challenger Electric (or equivalent). The pressure sewer will be owned, by the City and the costs for maintenance shall be paid by the Homeowners Association. The lift station will be designed to pump "off peak" to minimize impact to the CITY sewer system. Storage capacity will be approved by CITY and will have odor reducing capability as directed by CITY. Additionally, the HOA and operator will add odor reducing chemicals if CITY determines this is required. The lift station and pressure sewer lines will meet CITY standards and will be approved by CITY prior to construction. Blackrock, LLC will provide bonding and/or other guaranties as required by CITY for future abandonment of the lift station and pressure sewer upon annexation. Blackrock, LLC will provide SCADA to the WWTP as approved by the CITY. The HOA will pay for maintenance of the lift station and pressure sewer. Blackrock - 3 of 7 Sewer Lines Blackrock, LLC will construct the sewer collection system which will meet CITY standards and be approved by CITY prior to construction. CITY will operate the collection system and will collect hookup and maintenance fees. Inspection CITY will inspect construction of all utilities to ensure that they meet CITY specifications. Blackrock, LLC will pay for all overtime which may be required for this service. Annexation At such time as the property becomes legally eligible for annexation into the City, Blackrock, LLC or by any successor or successors agree to give consent to annexation, to pay the annexation application fee, apply for annexation, and diligently pursue annexation into the City. Agreement to Negotiate to Final Agreement The parties contemplate that further negotiations will take place regarding the subject matter of this agreement and that parties will execute a more detailed Final Agreement containing additional details and provisions. IN WITNESS WHEREOF, the parties do execute this Memorandum of Understanding the day and year first above written. Blackrock - 4 of 7 BLACKROCK, llC BLACKROCK, LLC SUBDIVISION HOMEOWNERS ASSOCIATION, INC. B~~~ Dan Wood, Director '--......., CITY OF MERIDIAN, IDAHO By: STATE OF IDAHO, ) : ss. County of Ada, ) On this ~day of (~b.J "'^--' ,2005, before me, the undersigned, a Notary Public in and for the State of Idaho, personally appeared Dan Wood, known or identified to me to be Member of Blackrock, LLC, who executed this instrument on behalf of said Corporation and acknowledged to me that such corporation executed the same. ..0130111-8.. ..~f!~1yl~tv~EREOF, J have hereunto set my hand and affixed my official seal the day and year .n~~~~tJi~~ .. l:~:~O \ G-:a /,'.. (\ ~ tu .;::::: ,iii .f1 \ SEfL i : : v--7\.l('RJ\~ " " r..J------ ~. \ / : Not~r~ Public for J aho 1\ A . .. \ .. ResJdlng at: _ (\(}....., ~ 'II.. ~~"" .. My commission Expires: 1 .~J(iE Blackroc~0_e5Go STATE OF IDAHO, ) : ss. County of Ada, ) On this aday of (\r"-\-(;l~.l .i'--.. ,2005, before me, the undersigned, a Notary Public in and for the State of Idaho, personally appeared Dan Wood, known or identified to me to be a Director of the Blackrock, LLC Homeowners Association, Inc, who executed this instrument on behalf of said Corporation and acknowledged to me that such corporation executed the same. \I II III lillilltO IN ~~~~EOF, r have hereunto set my hand and affixed my official seal the day and year firs~~f> / ~&t4";~~.. : :' ~\<:t.~.b" .^- ' Q I ......., III , \ SEAL: { :'Z: (\\..J\\.JL., l" tlJ..';t.-+-_ \C!\\ / J ~~~~~rn~~~~~{2t\I~~~ J & CfJ~ .o~~~IC ,,/ 0.0 My commission Expires: \I) -;j. ....("J'-t .... ?~:iji~rf~... STATE OF IDAHO, ) : ss. County of Ada, ) On this ~day of OQ:\()\orV ,2005, before me, the undersigned, a Notary Public in and for the State of Idaho, personally appeared Tammy de Weerd and William G. Berg, Jr., known to me to be the Mayor and City Clerk of the City of Meridian, Idaho and who subscribed their names to the within instrument and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. ....~~~9.... SEAL .~'t>OT.il'it~~.. l /~ ;p.\~\ : ~ ) j ~. \'. /' .0" ~~1(j,~~.. oO.eqrs1P~. ~ ~O BfV\.) Notary PUblic~or lc:rhO Residing at: Q\ I.J..rI \ I rD My commission Expires: 10-11-11 Blackrock - 6 of 7 j ~ ~ j ~ J Sn ~ !'-- '+- o !'-- ~ C,) e ~ C,) Cl:l CO Meridian City Council October 18. 2005 Page 2 of 31 It crowds our streets for traffic. It brings us all kinds of social pressures. It brings us more crime. It brings us drugs. It brings us all kinds of things, God, that are just a part of life. It brings us more broken people, people that are seeking a way out of whatever their circumstances were in other places. But, God, it also means that we have great good in this community and you're bringing more good folks and good things to this community, a healthy economy, and business. You have provided us with the good in the lives of these five Council members and our Mayor, who care enough about where they live to put their lives on the line to vote and to be criticized as they govern us. So, bless them for their courage, direct them tonight in the decisions they will have to make and live with. And I pray that you would bless their families. Bless the many volunteers in this community. Bless the many other servants that serve in the various government capacities, our police force, our fireman, who put their life on the line to make it a better place. God, we need your direction in solving and maintaining the problems and the place that we have. We do live in one of the very best cities and our city has been recognized recently as being one of the finest 100 places to live in the United States. We want to say thank you for that. We think you have a great deal to do with that blessing. Again, God, direct this meeting, that decisions will be made that accomplish your will and benefit the people that live here, in Jesus' name, amen. Item 4: Adoption of the Agenda: De Weerd: Thank you, Pastor. Okay. Item No.4 is the adoption of the agenda. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: We do have a revision or two here. We would -- after the Consent Agenda we'd like to add Item 13 off of the regular agenda before Item 6. And Item No. 20 we'd like to add an executive session as per 67-2345(1 )(c) of the Idaho Code. Our resolution number under the Consent Agenda is 05-491. And our ordinance number from Item 14 through Item 19 are 05-1190 to 05-1195. With that I move we approve the revised agenda. Rountree: Second. De Weerd: Okay. There is a motion to approve with the changes as noted. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. Item 5: Consent Agenda: A. Approve Minutes of September 20, 2005 City Council Regular Meeting: Meridian City Council October 18, 2005 Page 3 of 31 B. Approve Minutes of September 27, 2005 City Council Regular Meeting: C. Findings of Fact and Conclusions of Law for Approval: AZ 05- 015 Request for an Annexation and Zoning of 59.30 acres from RUT to R-B zone for Crossfield Subdivision by Packard Estates Development, LLC - 955 West Ustick Road: D. Findings of Fact and Conclusions of law for Approval: PP 05- 017 Request for Preliminary Plat approval of 246 building (244 residential units, 1 daycare & 1 pool/locker facility / restroom) lots and 26 other lots on 59.30 acres in a proposed R-8 zone for Crossfield Subdivision by Packard Estates Development, LLC _ 955 West Ustick Road: E. Findings of Fact and Conclusions of law for Approval: CUP 05-022 Request for a Conditional Use Permit for a Planned Development for single-family residential units with a request to allow for reduced setbacks, reduced lot size, reduced frontages, reduced house sizes and block lengths in excess of 1,000 feet in a proposed R-8 zone for Crossfield Subdivision by Packard Estates Development, LLC - 955 West Ustick Road: F. Aareement with Valley Ride I Valley Reaional Transit for FY 2006 Dues and Intercounty Services: G. Renewal of Contract for Prosecution Services with the City of Boise: H. Development Agreement: AZ 05-024 Request for Annexation and Zoning of 5 acres to L-O zone for Seventh Dav Adventist Church by Hawkins Companies - 1735 North Black Cat Road: Resolution No. V AC 05-011 Request for a Vacation of Irrigation Easements for Bonito Subdivision by Dave Evans Construction - 3041 East Copper Point Drive: J. Memorandum of Understandina between Blackrock. LLC and Blackrock Subdivision HOA and the City of Meridian for Hookuo to Citv Sewer and Water: K. Aareement for Services with AsoireOn: De Weerd: Item 5, Consent Agenda. Bird: Madam Mayor? Meridian City Council October 18, 2005 Page 4 of 31 De Weerd: Mr. Bird. Bird: I move we approve the Consent Agenda, which includes resolution number 05- 491 and for the Mayor to sign and the Clerk to attest on all proper papers. Rountree: Second. De Weerd: Okay. Motion to approve the Consent Agenda. Is there any discussion? Rountree: I have none. De Weerd: Okay. Mr. Berg, will you call roll. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea. MOTION CARRIED: ALL AYES. Item 13: Ordinance No. 05-1188 Distribution Pseudoephedrine Products (3rd Reading): of De Weerd: Thank you. As requested, we have moved Item 13 ahead of Item NO.6. It is the third reading of Ordinance No. 05-1188. Mr. Berg, will you, please, read this ordinance by title only. Berg: Yes. Sorry, Madam Mayor. Ordinance No. 05-1188, an ordinance enacting a new Meridian City Code, Title 6, Chapter 3, Section -- oops. No. That's right. I'm sorry. Section 11, to set limits on the over-the-counter distribution of certain __ Baird: Pseudoephedrine. Berg: Yeah. Sorry. Is that the right one? Okay. Pseudoephedrine products, providing a penalty, providing a savings clause, and providing an effective date. De Weerd: Okay. Council, you have heard this read by title only and to the public as well. Is there anyone who would like to hear it read in its entirety? Council, this is the third reading and this is a valley wide initiative to help with our meth problem in the valley. It has already been passed by Nampa, Caldwell, and Canyon County. Tonight it's in its third reading in Eagle, Boise and Garden City. And here. And Parma has passed it as well. Our executive director for the Treasure Valley partnership is sitting in the back. He's been monitoring these all very closely. Again, this is only one defense in curbing some of the issues we have with meth. But it is one of those first steps and very critical. Council, is there -- at this point we have had the three required readings and] would entertain a motion. Bird: Madam Mayor? iiiimi; ;;:;;;;;;;;; = -:! ~I.i) ~1.D ~ ~ g; ~ ~ - ~~ ~Si: ~ il!lt ce: "'" C:l(C :E THIS MEMORANDUM OF UNDERSTANDING is made and entered into this /7 fA day of {)Moh-ff , 2005, by and between Blackrock Subdivision Homeowners MEMORANDUM OF UNDERSTANDING BETWEEN BLACKROCK, LLC AND BLACKROCK SUBDIVISION HOA AND THE CITY OF MERIDIAN Association, Inc. (HOA), Blackrock, LLC, and The City of Meridian, Idaho (City), to establish a mutual understanding of the duties and responsibilities pertaining to the hookup to City's sewer and water system outside city limits at the Blackrock, LLC as located as shown in Figure 1. WHEREAS, Blackrock, LLC is the sole owner, in law and/or in equity of certain tract of land in the County of Ada, State of Idaho, generally depicted in Figure 1 and commonly known as the Blackrock Subdivision, hereinafter referred to as the Property; and WHEREAS, Idaho Code ~50-323, provides and empowers cities to establish, create, develop, maintain and operate SewerlWater systems; and WHEREAS, City operates and maintains and develops a SewerlWater system; and WHEREAS, the City has enacted an ordinance governing its SewerlWater system codified in Meridian City Code ~ 9-4-26 and 9-1-16; and WHEREAS, the Blackrock, LLC is the owner of the Property, which is presently located outside of the city limits of the City; and WHEREAS, the Blackrock, LLC is desirous of obtaining connection to the SewerlWater to serve the Property and the City is willing to provide that connection to the SewerlWater service to the Blackrock, LLC subject to the terms and conditions and consideration of this agreement, and it is specifically agreed that as a specific consideration of the City's willingness to enter into this agreement that the City's Ordinance and Policy/Regulations which govern its SewerlWater system be included as Blackrock - 1 of 7 terms and conditions of this agreement and that the Blackrock, LLC provide perpetual consent to annexation of the Property in to the City. NOW, THEREFORE, the parties hereby agree as follows: Water Blackrock, LLC will extend a 12" water main from the CITY water system to Blackrock. Blackrock, LLC will be reimbursed according to Meridian Code 9-1-13 Reimbursement Agreements where applicable. The water will feed into a Booster Station building, constructed by Blackrock, LLC and is to meet CITY specifications and approval. The building will be designed and constructed to allow for a future CITY well, which will be constructed by the CITY. The booster station will have SCADA as approved by the CITY and provided by Blackrock, LLC. Additionally, Blackrock, LLC will construct a Pressure Reducing Valve (PRV) at this site, which will meet specifications and approved by the CITY. Blackrock, LLC may use the 2 booster pumps and variable- frequency-drive (VFD) located at Well 14, which are "as-is", provided they are adequate to provide the required flows. BJackrock, LLC is to donate the site to the CITY, which will have a minimum 125'x125' dimension located near the pressure boundary and approved by the CITY. Blackrock, LLC will provide an easement for a future waste line constructed by the CITY from this site to an appropriate drain ditch. Blackrock, LLC will sleeve all road crossings and other appropriate places to minimize future construction costs for the waste line. The Booster Station will have backup power with 24 hr tank capacity for both pumps as approved by the CITY. Blackrock, LLC will construct a water distribution system which will meet CITY standards and will be approved by CITY prior to construction. Blackrock - 2 of 7 CITY will operate the pumping facilities and distribution system. CITY will collect hookup fees and monthly fees for this service. Sewer Lift Station and Pressure Sewer Blackrock, LLC will construct a Lift Station and pressure sewer line which will connect into CITY sewer collection system. The lift station will be owned by the HOA and operated and maintained by Challenger Electric (or equivalent). The pressure sewer will be owned, by the City and the costs for maintenance shall be paid by the Homeowners Association. The lift station will be designed to pump "off peak" to minimize impact to the CITY sewer system. Storage capacity will be approved by CITY and will have odor reducing capability as directed by CITY. Additionally, the HOA and operator will add odor reducing chemicals if CITY determines this is required. The lift station and pressure sewer lines will meet CITY standards and will be approved by CITY prior to construction. Blackrock, LLC will provide bonding and/or other guaranties as required by CITY for future abandonment of the lift station and pressure sewer upon annexation, Blackrock, LLC will provide SCADA to the WWTP as approved by the CITY. The HOA will pay for maintenance of the lift station and pressure sewer. Blackrock - 3 of 7 Sewer Li nes Blackrock, LLC will construct the sewer collection system which will meet CITY standards and be approved by CITY prior to construction. CITY will operate the collection system and will collect hookup and maintenance fees. Inspection CITY will inspect construction of all utilities to ensure that they meet CITY specifications. Blackrock, LLC will pay for all overtime which may be required for this service. Annexation At such time as the property becomes legally eligible for annexation into the City, Blackrock, LLC or by any successor or successors agree to give consent to annexation, to pay the annexation application fee, apply for annexation, and diligently pursue annexation into the City. Agreement to Negotiate to Final Agreement The parties contemplate that further negotiations will take place regarding the subject matter of this agreement and that parties will execute a more detailed Final Agreement containing additional details and provisions. IN WITNESS WHEREOF, the parties do execute this Memorandum of Understanding the day and year first above written. Blackrock - 4 of 7 BLACKROCK, LLC ':::--.., ~ By ~~~" .....\ Dan Wood, Member ~, BLACKROCK, LLC SUBDIVISION HOMEOWNERS ASSOCIATION, INC. B~~~ Dan Wood, Director ~, CITY OF MERIDIAN, IDAHO By: STATE OF IDAHO, ) : ss. County of Ada, ) On this ~day of (~DbJ..A-, ,2005, before me, the undersigned, a Notary Public in and for the State of Idaho, personally appeared Dan Wood, known or identified to me to be Member of Blackrock, LLC, who executed this instrument on behalf of said Corporation and acknowledged to me that such corporation executed the same. 00.....11I0.. ",.~~ ~Jr~t:v~EREOF, I have hereunto set my hand and affixed my official seal the day and year .f4~~~~1Ji~~ o. l..<tf1:~O \ \ ~... C\ ~ h €I~: , e D "\ SRnL: ; : ./~(;u\~ " ~~ Ill' . , e ~ ., ~ '. I..... Notary Public for I~aho ~ A .~ G. \ l &J.- Residing at: 6.~\'\..J\C,,--, ~ !) -.. ~~..~ ~& My commission Expires: ~ \ - 0 -("\(;' .~1 .0 Blackrock - 5 of 7 STATE OF IDAHO, ) : ss. County of Ada, ) On this ~day of (\("\..-~\-ok:u_--,,-- ,2005, before me, the undersigned, a Notary Public in and for the State of Idaho, personally appeared Dan Wood, known or identified to me to be a Director of the Blackrock, LLC Homeowners Association, Inc, who executed this instrument on behalf of said Corporation and acknowledged to me that such corporation executed the same. :~~.EOF, f have hereunto set my hand and affixed my official seal the day and .. ,i~ ,b. '\ tl "iZ: r\.J\\...L l\. 'VI,.-!t-__ _ ~o~\ / J ~~~~Zn:U~~~\.I~~~ J & (,j\.9; "o~~~IC ~..,,/ ..0 My commission Expires: \6 . ,61 ~OG1 ~...?~Jii~f{~... STATE OF IDAHO, ) : ss. County of Ada, ) On this ~day of OQ.:\n~V ,2005, before me, the undersigned, a Notary Public in and for the State of Idaho, personally appeared Tammy de Weerd and William G. Berg, Jr., known to me to be the Mayor and City Clerk of the City of Meridian, Idaho and who subscribed their names to the within instrument and aCknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, J have hereunto set my hand and affixed my official seal the day and year first above written. .1Il..GM~O.o.. SEAL .~~OT:.i~~-l.. l /~ ~\~\ \. \\ )) ~~1()~~~~. ....qy.W~. ~ ko of'V\) Notary PUblicCor r~ho Residing at: Q\ LJ...r1 \ \ fD My commission Expires: !O-II-Il Blackrock - 6 of 7 i ...:l ~ i ~ I :::I r1 l'- '5 l'- ~ o e ~ o CO ffi Meridian City Council October 18,2005 Page 2 of 31 It crowds our streets for traffic. It brings us all kinds of social pressures. It brings us more crime. It brings us drugs. It brings us all kinds of things, God, that are just a part of life. It brings us more broken people, people that are seeking a way out of whatever their circumstances were in other places. But, God, it also means that we have great good in this community and you're bringing more good folks and good things to this community, a healthy economy, and business. You have provided us with the good in the lives of these five Council members and our Mayor, who care enough about where they live to put their lives on the line to vote and to be criticized as they govern us. So, bless them for their courage, direct them tonight in the decisions they will have to make and live with. And J pray that you would bless their families. Bless the many volunteers in this community. Bless the many other servants that serve in the various government capacities, our police force, our fireman, who put their life on the line to make it a better place. God, we need your direction in solving and maintaining the problems and the place that we have. We do live in one of the very best cities and our city has been recognized recently as being one of the finest 100 places to live in the United States. We want to say thank you for that. We think you have a great deal to do with that blessing. Again, God, direct this meeting, that decisions will be made that accomplish your will and benefit the people that live here, in Jesus' name, amen. Item 4: Adoption of the Agenda: De Weerd: Thank you, Pastor. Okay. Item No.4 is the adoption of the agenda. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: We do have a revision or two here. We would -- after the Consent Agenda we'd like to add Item 13 off of the regular agenda before Item 6. And Item No. 20 we'd like to add an executive session as per 67-2345(1)(c) of the Idaho Code. Our resolution number under the Consent Agenda is 05-491. And our ordinance number from Item 14 through Item 19 are 05-1190 to 05-1195. With that I move we approve the revised agenda. Rountree: Second. De Weerd: Okay. There is a motion to approve with the changes as noted. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. Item 5: Consent Agenda: A. Approve Minutes of September 20, 2005 City Council Regular Meeting: Meridian City Council October 1 B, 2005 Page 3 of 31 B. Approve Minutes of September 27, 2005 City Council Regular Meeting: C. Findings of Fact and Conclusions of Law for Approval: AZ 05- 015 Request for an Annexation and Zoning of 59.30 acres from RUT to R-8 zone for Crossfield Subdivision by Packard Estates Development, LLC - 955 West Ustick Road: D. Findings of Fact and Conclusions of Law for Approval: PP 05- 017 Request for Preliminary Plat approval of 246 building (244 residential units, 1 daycare & 1 pool/locker facility / restroom) lots and 26 other lots on 59.30 acres in a proposed R-8 zone for Crossfield Subdivision by Packard Estates Development, LLC _ 955 West Ustick Road: E. Findings of Fact and Conclusions of Law for Approval: CUP 05w022 Request for a Conditional Use Permit for a Planned Development for single-family residential units with a request to allow for reduced setbacks, reduced lot size, reduced frontages, reduced house sizes and block lengths in excess of 1,000 feet in a proposed R-8 zone for Crossfield Subdivision by Packard Estates Development, LLC - 955 West Ustick Road: F. AQreement with Vallev Ride I Vallev Reaional Transit for FY 2006 Dues and Intercounty Services: G. Renewal of Contract for Prosecution Services with the City of Boise: H. Development Agreement: AZ 05-024 Request for Annexation and Zoning of 5 acres to L-O zone for Seventh Day Adventist Church by Hawkins Companies - 1735 North Black Cat Road: Resolution No. VAC 05-011 Request for a Vacation of Irrigation Easements for Bonito Subdivision by Dave Evans Construction - 3041 East Copper Point Drive: J. Memorandum of Understandina between Blackrock. LLC and Blackrock Subdivision HOA and the City of Meridian for Hookup to City Sewer and Water: K. AQreement for Services with AsoireOn: De Weerd: Item 5, Consent Agenda. Bird: Madam Mayor? Meridian City Council October 18, 2005 Page 4 of 31 De Weerd: Mr. Bird. Bird: I move we approve the Consent Agenda, which includes resolution number 05- 491 and for the Mayor to sign and the Clerk to attest on all proper papers. Rountree: Second. De Weerd: Okay. Motion to approve the Consent Agenda. Is there any discussion? Rountree: I have none. De Weerd: Okay. Mr. Berg, will you call roll. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea. MOTION CARRIED: ALL AYES. Item 13: Ordinance No. 05-1188 Distribution Pseudoeohedrine Products (3rd Reading): of De Weerd: Thank you. As requested, we have moved Item 13 ahead of Item NO.6. It is the third reading of Ordinance No. 05-1188. Mr. Berg, will you, please, read this ordinance by title only. Berg: Yes. Sorry, Madam Mayor. Ordinance No. 05-1188, an ordinance enacting a new Meridian City Code, Title 6, Chapter 3, Section -- oops. No. That's right. I'm sorry. Section 11, to set limits on the over-the-counter distribution of certain __ Baird: Pseudoephedrine. Berg: Yeah. Sorry. Is that the right one? Okay. Pseudoephedrine products, providing a penalty, providing a savings clause, and providing an effective date. De Weerd: Okay. Council, you have heard this read by title only and to the public as well. Is there anyone who would like to hear it read in its entirety? Council, this is the third reading and this is a valley wide initiative to help with our meth problem in the valley. It has already been passed by Nampa, Caldwell, and Canyon County. Tonight it's in its third reading in Eagle, Boise and Garden City. And here. And Parma has passed it as well. Our executive director for the Treasure Valley partnership is sitting in the back. He's been monitoring these all very closely. Again, this is only one defense in curbing some of the issues we have with meth. But it is one of those first steps and very critical. Council, is there -- at this point we have had the three required readings and I would entertain a motion. Bird: Madam Mayor? - ~:! -'..D ~ -~ =1..0 ::; =~ ~ - c ~~ ~~ ~ II:lt ~~~~::E THIS MEMORANDUM OF UNDERSTANDING is made and entered into this / r; fA day of /)f!Ao~ , 2005, by and between Blackrock Subdivision Homeowners MEMORANDUM OF UNDERSTANDING BETWEEN BLACKROCK, LLC AND BLACKROCK SUBDIVISION HOA AND THE CITY OF MERIDIAN Association, Inc. (HOA), Blackrock, LLC, and The City of Meridian, Idaho (City), to establish a mutual understanding of the duties and responsibilities pertaining to the hookup to City's sewer and water system outside city limits at the Blackrock, LLC as located as shown in Figure 1. WHEREAS, Blackrock, LLC is the sole owner, in law and/or in equity of certain tract of land in the County of Ada, State of Idaho, generally depicted in Figure 1 and commonly known as the Blackrock Subdivision, hereinafter referred to as the Property; and WHEREAS, Idaho Code 950-323, provides and empowers cities to establish, create, develop, maintain and operate SewerlWater systems; and WHEREAS, City operates and maintains and develops a SewerlWater system; and WHEREAS, the City has enacted an ordinance governing its SewerlWater system codified in Meridian City Code 9 9-4-26 and 9-1-16; and WHEREAS, the Blackrock, LLC is the owner of the Property, which is presently located outside of the city limits of the City; and WHEREAS, the Blackrock, LLC is desirous of obtaining connection to the SewerlWater to serve the Property and the City is willing to provide that connection to the SewerlWater service to the Blackrock, LLC subject to the terms and conditions and consideration of this agreement, and it is specifically agreed that as a specific consideration of the City's willingness to enter into this agreement that the City's Ordinance and Policy/Regulations which govern its SewerlWater system be included as Blackrock - 1 of 7 terms and conditions of this agreement and that the Blackrock, LLC provide perpetual consent to annexation of the Property in to the City. NOW, THEREFORE, the parties hereby agree as follows: Water Blackrock, LLC will extend a 12" water main from the CITY water system to Blackrock. Blackrock, LLC will be reimbursed according to Meridian Code 9-1-13 Reimbursement Agreements where applicable. The water will feed into a Booster Station building, constructed by Blackrock, LLC and is to meet CITY specifications and approval. The building will be designed and constructed to allow for a future CITY well, which will be constructed by the CITY. The booster station will have SCADA as approved by the CITY and provided by Blackrock, LLC. Additionally, Blackrock, LLC will construct a Pressure Reducing Valve (PRV) at this site, which will meet specifications and approved by the CITY. Blackrock, LLC may use the 2 booster pumps and variable- frequency-drive (VFD) located at Well 14, which are "as-is", provided they are adequate to provide the required flows. Blackrock, LLC is to donate the site to the CITY, which will have a minimum 125'x125' dimension located near the pressure boundary and approved by the CITY. Blackrock, LLC will provide an easement for a future waste line constructed by the CITY from this site to an appropriate drain ditch. Blackrock, LLC will sleeve all road crossings and other appropriate places to minimize future construction costs for the waste line. The Booster Station will have backup power with 24 hr tank capacity for both pumps as approved by the CITY. BJackrock, LLC will construct a water distribution system which will meet CITY standards and will be approved by CITY prior to construction. Blackrock - 2 of 7 CITY will operate the pumping facilities and distribution system. CITY will collect hookup fees and monthly fees for this service. Sewer Lift Station and Pressure Sewer Blackrock, LLC will construct a Lift Station and pressure sewer line which will connect into CITY sewer collection system. The lift station will be owned by the HOA and operated and maintained by Challenger Electric (or equivalent). The pressure sewer will be owned, by the City and the costs for maintenance shall be paid by the Homeowners Association. The lift station will be designed to pump "off peak" to minimize impact to the CITY sewer system. Storage capacity will be approved by CITY and will have odor reducing capability as directed by CITY. Additionally, the HOA and operator will add odor reducing chemicals if CITY determines this is required. The lift station and pressure sewer lines will meet CITY standards and will be approved by CITY prior to construction. Blackrock, LLC will provide bonding and/or other guaranties as required by CITY for future abandonment of the lift station and pressure sewer upon annexation. Blackrock, LLC will provide SCADA to the WWTP as approved by the CITY. The HOA will pay for maintenance of the lift station and pressure sewer. Blackrock - 3 of 7 Sewer Lines Blackrock, LLC will construct the sewer collection system which will meet CITY standards and be approved by CITY prior to construction. CITY will operate the collection system and will collect hookup and maintenance fees. Inspection CITY will inspect construction of all utilities to ensure that they meet CITY specifications. Blackrock, LLC will pay for all overtime which may be required for this service. Annexation At such time as the property becomes legally eligible for annexation into the City, Blackrock, LLC or by any successor or successors agree to give consent to annexation, to pay the annexation application fee, apply for annexation, and diligently pursue annexation into the City. Agreement to Negotiate to Final Agreement The parties contemplate that further negotiations will take place regarding the subject matter of this agreement and that parties will execute a more detailed Final Agreement containing additional details and provisions. IN WITNESS WHEREOF, the parties do execute this Memorandum of Understanding the day and year first above written. Blackrock - 4 of 7 BlACKROCK, LLC ~:--.. ~ By "<~~!>,.,.-.... ~ . -. Dan Wood, Member "'-.... BLACKROCK, LLC SUBDIVISION HOMEOWNERS ASSOCIATION, INC. B~~ Dan Wood, Director ~, CITY OF MERIDIAN, IDAHO By: Attest: STATE OF IDAHO, ) : 55. County of Ada, ) On this aday of (\~ Db j -^-' ,2005, before me, the undersigned, a Notary Public in and for the State of Idaho, personally appeared Dan Wood, known or identified to me to be Member of Blackrock, LLC, who executed this instrument on behalf of said Corporation and acknowledged to me that such corporation executed the same. ..1111I......0.0 1J4 lfyl~EREOF, I have hereunto set my hand and affixed my official seal the day and yea~,J4t-. .. 0 w:._"FI;." .... , .. : //;!j \ ~ /: " f\ t ~ SEf.L { 1 : c-7\\()j\~ '--\- . "J---, ~ .. I : Notary Public for Idaho ~ A ~ G. \ / .ft Residing at: ,~\'\.J\C,-, ~0 .!) o. ~~"" " ~ My commission Expires: \( \ - ~ -()c.:l ..~til: ..... Blackrock - 5uof 7 STATE OF IDAHO, ) : ss. County of Ada, ) On this ~day of C\('-'\-tA::'t.l ./"-..- ,2005, before me, the undersigned, a Notary Public in and for the State of Idaho, personally appeared Dan Wood, known or identified to me to be a Director of the Blackrock, LLC Homeowners Association, Inc, who executed this instrument on behalf of said Corporation and acknowledged to me that such corporation executed the same. UOSIlI 1lI8 IN W~ ~..__ .~EOF, I have hereunto set my hand and affixed my official seal the day and year firs~~!J6,.. ; .... ~~.e.!"Ofl .'/ ~~~ ~.. , , SEAL; ( \~: 0J\~ 0. tly~ ~~ \. / j ~~~~~rn~U~~iC f. I~~~ ' & e,J0 .<,'1'~~IC ./.$ My commission Expires: ~ c- <'.:;:?~~jjjA~~.o.. 0011 III 8 Ill.. STATE OF IDAHO, ) : ss. County of Ada, ) On this ~day of 00Jn\nrV ,2005, before me, the undersigned, a Notary Public in and for the State of Idaho, personally appeared Tammy de Weerd and William G. Berg, Jr., known to me to be the Mayor and City Clerk of the City of Meridian, Idaho and who subscribed their names to the within instrument and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. ./IJ .1lIM:~9;:~.. SEAL .~ ~ OT41~~~.. ! /' ~\~\ III , t III IIJ I I €I \ \. / : fI~"~\C/~Q ..0 fiJl'i.pii-iP~~.. ~lIlIllillll~ ~ .hA-O. rvU Notary PUbJic~or 11fhO Residing at: Q\ LLrl \\ rD My commission Expires: l()-II- \ \ Blackrock - 6 of 7 s ~ j ~ ~ ,O:i I <l.) Sn ri: r- 4- o r- ~ () e ~ () CO CO Meridian City Council October 18, 2005 Page 2 of 31 It crowds our streets for traffic. It brings us all kinds of social pressures. It brings us more crime. It brings us drugs. It brings us all kinds of things, God, that are just a part of life. It brings us more broken people, people that are seeking a way out of whatever their circumstances were in other places. But, God, it also means that we have great good in this community and you're bringing more good folks and good things to this community, a healthy economy, and business. You have provided us with the good in the lives of these five Council members and our Mayor, who care enough about where they live to put their lives on the line to vote and to be criticized as they govern us. So, bless them for their courage, direct them tonight in the decisions they will have to make and live with. And I pray that you would bless their families. Bless the many volunteers in this community. Bless the many other servants that serve in the various government capacities, our police force, our fireman, who put their life on the line to make it a better place. God, we need your direction in solving and maintaining the problems and the place that we have. We do live in one of the very best cities and our city has been recognized recently as being one of the finest 100 places to live in the United States. We want to say thank you for that. We think you have a great deal to do with that blessing. Again, God, direct this meeting, that decisions will be made that accomplish your will and benefit the people that live here, in Jesus' name, amen. Item 4: Adoption of the Agenda: De Weerd: Thank you, Pastor. Okay. Item NO.4 is the adoption of the agenda. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: We do have a revision or two here. We would -- after the Consent Agenda we'd like to add Item 13 off of the regular agenda before Item 6. And Item No. 20 we'd like to add an executive session as per 67-2345(1 )(c) of the Idaho Code. Our resolution number under the Consent Agenda is 05-491. And our ordinance number from Item 14 through Item 19 are 05-1190 to 05-1195. With that I move we approve the revised agenda. Rountree: Second. De Weerd: Okay. There is a motion to approve with the changes as noted. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. Item 5: Consent Agenda: A. Approve Minutes of September 20, 2005 City Council Regular Meeting: Meridian City Council October 18, 2005 Page 3 of 31 B. Approve Minutes of September 27, 2005 City Council Regular Meeting: c. Findings of Fact and Conclusions of Law for Approval: AZ 05- 015 Request for an Annexation and Zoning of 59.30 acres from RUT to R-8 zone for Crossfield Subdivision by Packard Estates Development, LLC - 955 West Ustick Road: D. Findings of Fact and Conclusions of Law for Approval: PP 05- 017 Request for Preliminary Plat approval of 246 building (244 residential units, 1 daycare & 1 pool/locker facility / restroom) lots and 26 other lots on 59.30 acres in a proposed R-8 zone for Crossfield Subdivision by Packard Estates Development, LLC - 955 West Ustick Road: E. Findings of Fact and Conclusions of Law for Approval: CUP 05-022 Request for a Conditional Use Permit for a Planned Development for single-family residential units with a request to allow for reduced setbacks, reduced lot size, reduced frontages, reduced house sizes and block lengths in excess of 1,000 feet in a proposed R-8 zone for Crossfield Subdivision by Packard Estates Development, LLC - 955 West Ustick Road: F. Aareement with Vallev Ride I Vallev Reaional Transit for FY 2006 Dues and Intercounty Services: G. Renewal of Contract for Prosecution Services with the Citv of Boise: H. Development Agreement: AZ 05-024 Request for Annexation and Zoning of 5 acres to L-O zone for Seventh Dav Adventist Church by Hawkins Companies - 1735 North Black Cat Road: Resolution No. VAC 05-011 Request for a Vacation of Irrigation Easements for Bonito Subdivision by Dave Evans Construction - 3041 East Copper Point Drive: J. Memorandum of Understandina between Blackrock. LLC and Blackrock Subdivision HOA and the Citv of Meridian for Hookup to Citv Sewer and Water: K. Aareement for Services with AsoireOn: De Weerd: Item 5, Consent Agenda. Bird: Madam Mayor? Meridian City Council October 18, 2005 Page 4 of 31 De Weerd: Mr. Bird. Bird: I move we approve the Consent Agenda, which includes resolution number 05- 491 and for the Mayor to sign and the Clerk to attest on all proper papers. Rountree: Second. De Weerd: Okay. Motion to approve the Consent Agenda. Is there any discussion? Rountree: I have none. De Weerd: Okay. Mr. Berg, will you call roll. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea. MOTION CARRIED: ALL AYES. Item 13: Ordinance No. 05-1188 Distribution Pseudoephedrine Products (3rd Reading): of De Weerd: Thank you. As requested, we have moved Item 13 ahead of Item No.6. It is the third reading of Ordinance No. 05-1188. Mr. Berg, will you, please, read this ordinance by title only. Berg: Yes. Sorry, Madam Mayor. Ordinance No. 05-1188, an ordinance enacting a new Meridian City Code, Title 6, Chapter 3, Section -- oops. No. That's right. I'm sorry. Section 11, to set limits on the over-the-counter distribution of certain __ Baird: Pseudoephedrine. Berg: Yeah. Sorry. Is that the right one? Okay. Pseudoephedrine products, providing a penalty, providing a savings clause, and providing an effective date. De Weerd: Okay. Council, you have heard this read by title only and to the public as well. Is there anyone who would like to hear it read in its entirety? Council, this is the third reading and this is a valley wide initiative to help with our meth problem in the valley. It has already been passed by Nampa, Caldwell, and Canyon County. Tonight it's in its third reading in Eagle, Boise and Garden City. And here. And Parma has passed it as well. Our executive director for the Treasure Valley partnership is sitting in the back. He's been monitoring these all very closely. Again, this is only one defense in curbing some of the issues we have with meth. But it is one of those first steps and very critical. Council, is there -- at this point we have had the three required readings and I would entertain a motion. Bird: Madam Mayor? October 14, 2005 MERIDIAN CITY COUNCIL MEETING APPLICANT October 18, 2005 ITEM NO. 5-K REQUEST Agreement for Services with AspireOn 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 ~.u Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meetings shalt become property of the City of Meridian. AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT, made this ---.dL day of dc~#'.?\ , 2005, by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho, hereinafter referred to as I1CITYI1, 33 East Idaho Avenue, Meridian, Idaho 83642, and ASPIREON doing business as AspireOn, 547 W Welch Street, Meridian, Idaho 83642, a corporation organized under the laws of the State of Washington. 1. Scope of Services: ASPIREON shall perform all services, and comply in all respects, as specified in the document titled "Scope of Services" a copy of which is attached hereto as Exhibit ttAII and incorporated herein by this reference, together with any amendments that may be agreed to in writing by the parties. 2. Time of Performance: This agreement shall become effective upon execution by both parties, and shall expire on September 30, 2006 unless earlier terminated or extended. 3. Indemnification and Insurance: ASPIREON shall indernnifjr and save and hold harmless CITY from and for any and all losses, claims, actions, judgments for damages, or injury to persons or property and losses and expenses caused or incurred by ASPIREON, its servants, agents, employees, guests, and business invitees, and not caused by or arising out of the tortious conduct of CITY or its employees. ASPIREON will provide services to the CITY and shall be liable for all acts of their employees while upon the premises of the CITY. Additionally, ASPIREON shall maintain Workers Compensation Insurance, in the statutory limits as required by law. ASPIREON shall provide CITY with a Certificate of Insurance, or other proof of insurance evidencing ASPIREON'S compliance with the requirements of this paragraph and file such proof of insurance with the CITY. In the event the insurance minimums are changed, ASPIREON shall immediately submit proof of compliance with the changed limits. Evidence of all insurance shall be submitted to the City Clerk with a copy to Meridian City Accounting, 33 East Idaho Avenue, Meridian, Idaho 83642. The CITY will further indernnifjr ASPIREON for any losses, claims, actions, or acts by the CITY, its agents or employees, taken in furtherance or related to the training received from ASPIREON. 4. Independent Contractor: In all matters pertaining to this agreement, ASPIREON shall be acting as an independent contractor, and neither ASPIREON nor any officer, employee or agent of ASPIREON will be deemed an employee of CITY. The selection and designation of the personnel of the CITY in the performance of this agreement shall be made by the CITY. AspireOn Personal Services Agreement - page 1 of 5 5. Compensation: ASPIREON shall be compensated for Human Resources consulting services pursuant to and specified in attached Exhibit "A." For the purposes of contact for compliance with this Agreement ASPIREON may deal exclusively with: Human Resources Director City of Meridian 33 E. Idaho Meridian, ill 83642 6. Method of Payment: ASPIREON will receive a flat retainer of$5500 per month for all services within the Scope of Services attached as Exhibit "A" and incorporated herein by reference. ASPIREON shall be responsible to provide an accounting of services provided on a monthly basis. ASPIREON will be paid monthly at the beginning of each month. 7. Notices: Any and all notices required to be given by either of the parties hereto, unless otherwise stated in this agreement, shall be in writing and be deemed comrmlllicated when mailed in the United States mail, certified, return receipt requested, addressed as follows: City of Meridian 33 E. Idaho Avenue Meridian, Idaho 83642 ASPIREON 547 W. Welch Street Meridian, Idaho 83642 Either party may change their address for the purpose of this paragraph by giving written notice of such change to the other in the manner herein provided. 8. Attorney Fees: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorneys' fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 9. Time is of the Essence: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of, and a default under, this Agreement by the party so failing to perform. AspireOn Personal Services Agreement - page 2 of 5 10. Assignment: It is expressly agreed and understood by the parties hereto, that ASPIREON shall not have the right to assign, transfer, hypothecate or sell any of its rights under this Agreement except upon the prior express written consent of CITY. II. Discrimination Prohibited: In performing the Services required herein, ASPIREON shall not discriminate against any person on the basis of race, color, religion, sex, national origin or ancestry, age or disability. 12. Reports and Information: At such times and in such forms as the CITY may require, there shall be furnished to the CITY such statements, records, reports, data and information as the CITY may request pertaining to matters covered by this Agreement. 13. Audits and Inspections: At any time during normal business hours and as often as the CITY may deem necessary, there shall be made available to the CITY tor examination all of ASPIREON'S records with respect to all matters covered by this Agreement. ASPIREON shall permit the CITY to audit, examine, and make excerpts or transcripts from such records and to make audits of all contracts, invoices, materials, payrolls, records of personnel, conditions of employment and other data relating to all matters covered by this Agreement. 14. Publication, Reproduction and Use of Material: The CITY shall have unrestricted authority to publish, disclose and otherwise use, in whole or in part, any reports, data or other materials prepared under this Agreement that are property of the CITY. ASPIREON does use material prepared and copyrighted for their use in furtherance of this Agreement and contain proprietary information that derives separate individual economic value to ASPIREON. Those documents may not be reproduced without the express written consent of ASPIREON. Documents that are restricted by this condition must be clearly marked and identified by ASPIREON to claim this exclusion. Said proprietary materials shall remain the property of ASPIREON and utilization of such proprietary materials by the CITY outside of this Agreement or ongoing beyond the term of this Agreement would require a separate licensing agreement to be entered into by the parties. 15. Compliance with Laws: In performing the scope of services required hereunder, ASPIREON shall comply with all applicable laws, ordinances, and codes of Federal, State, and local governments. 16. Changes: The CITY may, from time to time, request changes in the Scope of Services to be performed herennder. Such changes, including any increase or decrease in the amount of ASPIREON'S compensation, which are mutually AspireOn Personal Services Agreement - page 3 of 5 agreed upon by and between the CITY and ASPIREON, shall be incorporated in written amendments to this Agreement. 17. Termination: For Cause: If, through any cause, ASPIREON, its officers, employees, or agents fails to fulfill in a timely and proper manner its obligations under this Agreement, violates any of the covenants, agreements, or stipulations of this Agreement, falsifies any record or document required to be prepared under this agreement, engages in fraud, dishonesty, or any other act of misconduct in the performance of this contract, the CITY may immediately terminate this agreement with notice to ASPIREON. An accounting pursuant to this agreement can then occur to assure that proper payments or credits are accomplished. Without Cause: If the City Council determines that termination of this Agreement is in the best interest of CITY, the CITY shall thereupon have the right to terminate this Agreement by giving written notice to ASPIREON of such termination and specifying the effective date thereof at least sixty (60) days before the effective date of such termination. ASPIREON may also terminate this agreement at any time by giving at least sixty (60) days notice to CITY. In the event of any termination of this Agreement, all finished or unfinished documents, data, ~d reports prepared by ASPIREON under this Agreement shall, at the option of the CITY, become its property, and ASPIREON shall be entitled to receive just and equitable compensation for any work satisfactorily complete hereunder. Notwithstanding the above, ASPIREON shall not be relieved of liability to the CITY for damages sustained by the CITY by virtue of any breach of this Agreement by ASPIREON, and the CITY may withhold any payments to ASPIREON for the purposes of set-off until such time as the exact amount of damages due the CITY from ASPIREON is determined. This provision shall survive the termination of this agreement and shall not relieve ASPlREON of its liability to the CITY for damages. 18. Construction and Severability: If any part of this Agreement is held to be invalid or unenforceable, such holding will not affect the validity or enforceability of any other part of this Agreement so long as the remainder of the Agreement is reasonably capable of completion. 19. Entire Agreement: This Agreement contains the entire agreement of the parties and supersedes any and all other agreements or understandings, oral of written, whether previous to the execution hereof or contemporaneous herewith. The parties also understand that ASPIREON has existing Agreements with the CITY that are not incorporated under this Agreement. The CITY may contract with AspireOn Personal Services Agreement - page 4 of 5 ASPIREON to perform other functions not included in the Scope of Services of this Agreement. Any such contemporaneous agreements shall also be in writing and substantially similar to this Agreement. 20. Applicable Law: This Agreement shall be governed by and construed and enforced in accordance with the laws of the State ofIdaho, and the ordinances of the City of Meridian. 21. Approval Required: This Agreement shall not become effective or binding until approved by the City of Meridian. ASPIREON/ .hot . ? ~ CITY OF MERIDIAN Attest: JI~A AspireOn Personal Services Agreement - page 5 of 5 F Exhibit "A" The following document identifies consulting services to be performed and objectives to be completed reference targeted efforts to assist Client in ongoing efforts towards achieving City Excellence. This effort is inclusive of defined efforts relative to: 1) Talent Development, 2) Talent Acquisition Evaluation, 3) Performance Coaching, and 4) Performance/Accountability System and Strategic Planning Process Implementation and Execution. I. Project Outcome Focus Areas: 1. Talent Development a. Coordinate City-wide employee training - Assist in the evaluation and identification of third party training programs to meet City needs and coordinate said program delivery. In regard to third party delivered training programs, ensure consistently and integration with City values, current training efforts, and strategic focus as well as effective targeting of efforts to identified needs. Establish appropriate follow-up and mentorship reinforcement, reference third party delivered workshops, to ensure successful execution/utilization of training program competencies. b. Provide assistance on integrating performance catalyst foundation development series into an orientation program for new directors, managers, and supervisors. c. Coordinate competency "Refresher" and "Execution" efforts to maintain development workshop momentum and facilitate positive application of workShop competencies in daily efforts. Delivery of refresher or execution of mini (approximately 2 hours) workshops as required. d. As needed, serve as a performance catalyst, providing direct coaching to managers needing assistance in applying workshop competencies. 2. Talent Acquisition Evaluation a. Provide consulting on the identification of position requirements for new 0.... vacant positions. b. Provide candidate evaluation assistance and interview consulting 3. Performance Coaching a. Executive Leadership Coaching as required b. Directed one-on-one performance coaching to assist in performance troubleshooting and serve as an execution catalyst c. Management Development d. AspireOn Leadership Analysis Tool Feedback coaching 4. Performance/Accountability System and Strategic Planning Process Implementation and Execution. a. Overall Execution Consulting regarding Integrated Performance Management System-Compensation, Job Grading, and design of overall program. b. Oversee and drive implementation of Performance Accountabilities Definitions i. Provide support and review in development of definitions f') lA~pirfQn~ ii. Provide assistance/reinforcement of follow-up/reviews on success expectations and key milestones. c. Provide assistance on development, implementation, and support of performance evaluation process d. Implementation and assistance in overall Strategic Positioning Process e. Strategic Planning Process Execution Consulting i. Assistance with strategic mapping of initiatives for consistency in development and execution ii. Facilitation, review, and feedback of strategic focus areas and initiatives. iiL Review, feedback, and input on organizational alignment (Le. re- alignment/re-shaping) iv. Review/input of position descriptions II. Engagement Understandings }P> The City Attorney/HR Manager of City of Meridian, shall be the primary point of contact for Client reference the consulting relationship for these services. In addition, the City Attorney/HR Director & Mayor will provide the appropriate empowerment, ongoing support, and mandate to the organization to allow AspireDn to perform these services. }P> Bi~Monthly engagements to review project status and coordinate project efforts will be held between the City Attorney/HR Director, Mayor (if available), and applicable AspireDn Consultants. }P> AspireDn will be given appropriate representation and participation in overall strategic planning meetings as well as access to relevant information to ensure alignment of efforts with overall strategic objectives and initiatives. }P> AspireDn commits to having consultant resources on site at Client, as required to perform referenced services. It is understood that services under this Agreement will also be performed offsite. III. Retainer Understanding: A. General Retainer Assumptions: 1. AspireOn's Regular Fee Structure is as Follows: a. Level A) Executive Coaching Engagements, Team Engagements, Strategic Positioning and Execution Mapping, Results Project Management/Overall Training Coordination, Execution Engagements, Performance Coaching, Execution Catalyst Engagements - $150/hr b. Level B) Information Analysis, Process Review, Program Customization/ Development, Candidate Evaluations - $100/hr c. Level C) Administrative support, documentation, travel - $45/hr 2. Retainer is based on estimated time commitments within each of the above three fee areas factored on a 52- week year. The estimate does not represent a fixed service delivery distribution commitment AspireDn shall notify Client upon reaching the retainer threshold in a monthly period and ,~ 2 0SPir'bn- receive authorization before providing any additional services for that month. Rough time estimates factored into retainer rate are as follows: a. 5.5 hours per week of Level A effort, b. 5.25 hours per week of Level B effort, c. 1.75 hours per week of Level C effort. (Actual services may vary by levels but will not exceed retainer without approval of the client) 3. Retainer will be prepaid on a monthly basis and deemed due upon the 1 sl of every month. 4. The following AspireDn tools/services are not deemed part of the retainer agreement and as such would be billed on an actual per utilization basis. The utilization of these tools remains at the discretion of the client as directed to the consultant: a. Profiles & Leadership Analysis/Packet - $350 per b. Leadership Execution Challenges - $75 per c. Leadership Scans/360's - $400 per d. Environmental Scan - To Be Negotiated e. Additional AspireDn Development Workshops or training (above the retainer) as directed by the City. B. Retainer Terms: 1. This represents the recommended level of services necessary (Estimated time commitments described above) for successful catalyst and execution efforts to address the project outcome (integrated) focus areas as mutually identified. This retainer rate represents a 10% discount by the consultant from normal rates given Client's commitment to the retainer. 2. Discounted retainer rates: (10% discount) a. Level A Services - $135/hr b. Level B Services - $100/hr c. Level C Services - $41.50/hr 3. Monthly Retainer - $5 50D/month IV. Expenses Out of pocket expenses directly incurred in association with performing the services as outlined above will be submitted to Client for reimbursement. Every effort will be made to minimize such expenses in performing these services. Expenses are anticipated to include, but are not limited to: supplies and additional business travel expenses that may be incurred. ~ -~ 0~Pir'bn' CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the Matter of Wigod Medical Office, a request for detailed conditional approval for a medical office in an L-O zone, by Dr. Mark Wigod. Case No(s). CUP-05-043 For the City Council Hearing Date of: October 18,2005 A Findings of Fact 1. Hearing Facts (see attached Staff Report) 2. Process Facts (see attached Staff Report) 3. Application and Property Facts (see attached Staff Report) 4. Required Findings per Zoning and Subdivision Ordinance (see attached Staff Report) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. ~67- 6503). 2. The Meridian City Council takes judicial notice of its Zoning, Subdivision and Development Ordinances codified at Titles II and 12, Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted August 6,2002, Resolution No. 02-382 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code ~ 11-17-9. 4. Due consideration has been given to the comment(s) received from the govermnental subdivisions providing services in the City of Meridian plannillgjurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning and Zoning Department, the Public Works Department and any affected party requesting notice. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DEcrSION & ORDER CASE NO(S). CUP-05-043 - PAGE I on 7. That this approval is subject to the Legal Description, Site Plan dated June 30,2005, and the Conditions of Approval all in the attached Staff Report. The conditions are concluded to be reasonable and the applicant shalJ meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code S 12-3-5 and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that 1. The applicant's Site Plan as evidenced by having submitted the Site Plan dated June 30, 2005 is hereby conditionally approved; and 3. The site specific and standard conditions of approval are as shown in the attached Staff Report. D. Notice of Applicable Time Limits 1. Notice of Eighteen (18) Month Conditional Use Pennit Duration Please take notice that the conditional use permit shall be valid for a maximum period of eighteen (18) months unless otherwise approved by the council. During this time, the pennit holder must commence the use as pelmitted in accordance with the conditions of approval, satisfy the requirements set forth in the conditions of approval, acquire building pennits and commence construction of pelmanent footings or structures on or in the ground. In this context "structures" shall include sewer and water lines, streets or building construction. The applicant has specified in the application and to the commission and council a construction schedule and completion date for the project. If the completion date specified for the project is exceeded, the conditional use application shall become null and void. However, the applicant may submit an application for a time extension on the project for city council review. The application for time extension shall be submitted at least thirty (30) days prior to the deadline for completion of the project. For projects requiring platting, the final plat must be recorded within this eighteen (18) month period. For projects with multiple phases, the eighteen (18) month deadline shall apply to the first phase. In the event that the development is made in successive contiguous segments or multiple phases, such phases shall be constructed within successive intervals of one year from the original date of approval by the council. If the successive phases are not submitted within one year intervals, the conditional approval of the future phases shall be null and void. (MCC 11-17-4.B.) E. Notice of Final Action and Right to Regulatory Takings Analysis 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision 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. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). CUP-05-043 - PAGE 2 of3 2. Please take notice that this is a final action of the governing body ofthe City of Meridian, pursuant to Idaho Code ~ 67-6521 an affected person being a person who has an interest in real property which may be adversely affected by the issuance or denial of the conditional use pennit approval may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. F. Exhibit A: Staff Report By a~ofthe City Council at its regular meeting held on the ~ ~ ,2005. 18~ day of COUNCIL MEMBER SHAUN WARDLE VOTED~ VOTED~ VOTED~ VOTED~ ED_ COUNCIL MEMBER CHRISTINE DONNELL COUNCIL MEMBER CHARLIE ROUNTREE COUNCIL MEMBER KEITH BIRD MAYOR TAMMYdeWEERD (TIE BREAKER) - ~ - ~ ~ ~ 2 ~ '1'.: % ,C!i 2 Copy served upon Applicant, The Plarii:p~a a1^ . ~~nent, Public Works Department ....I'//I,I~UNT'l ' ~\,\"'..." 1111/1PI11I1l\\ and City Attorney. By: ShcvYiYJ ~yy\/\'+h City Clerk's Office Dated: If -03 -os CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). CUP-05-043 - PAGE 3 of3 ( CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533 STAFF REPORT City Council Hearing Hearing Date: October 18, 2005 City Council Joseph Guenther, Associate City Plmmer Wigod Medical Office · CUP-05-043 TO FROM: SUBJECT Request for detailed conditional approval for a medical office in an L-O zone. 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, Mark D. Wigod, is requesting a detailed conditional approval under the existing Conditional Use Permits for compliance with Planned Development for Touchmark Living Center. The subject application includes a request to construct a 4600 square foot medical office on amended Touchmark Living Center Final Plat FP-02-006, Lots 1-3 Block 2 with a lot line adjustment 2. 2. SUMMARY RECOMMENDATION The Meridian Pl<uming and Zoning Commission heard the item on September 15, 2005. At the public hearing they moved to recommend approval. a. Summary of Public Hearing: i. In favor: Steve Turney, ZGA Architects ii. In opposition: None. iii. Commenting: None iv. Staff presenting application: Joe Guenther 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: The subject site is located on Louise Drive in Meadowlake Village. The site is within Section 16, Township 3 North, Range 1 East. The subject site is listed as Lot line adjustment of Lots 1-3 of Block 2 Touchmark Living Center and subject to the Planned Development for the Meadow Lake Village development. b. Property Owner of Record: Touchmark of the Treasure Valley c. Applicant: Dr. Mark Wigod d. Representative: Eric Anderson, ZGA Architects. e. Present Zoning District L-O f. Present Comprehensive Plan Designation: Mixed Use Neighborhood g. Description of Applicanes Request: The applicant is requesting detailed approval of an approved Planned Development to construct a 4,600 square foot medical office. 1. Date of CUP site plan (attached as Exhibit AI): June 30, 2005 4. PROCESS FACTS CUP-05-043 Wigod Medical Office PAGE I CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533 a. The subject application will in fact constitute a conditional use as determined by City Ordinance. By reason of the provisions of the Meridian City Code Title 11 Chapter 17, a public hearing is required before the Commission and City Council on tlllS matter. b. Newspaper notifications published on: Planning and Zoning: August 29,2005 and September 12, 2005 City Council: September 26, 2005 and October] 0, 2005 c. Radius notices mailed to properties within 300 feet on: Planning and Zoning: August 18, 2005 City Council: September 23, 2005 d. Applicant posted notice on site by: September 5,2005, and October 8,2005 5. LAND USE a. Existing Land Use(s): Vacant b. Description of Character of Surrounding Area: TIlls site is rapidly developing along the lines of the approved commercial/medical subdivision. The properties to the north and east of this site have not yet been developed and have recently been annexed. Meadow Lake Village Subdivision to the south has had detailed conditional use permits approved for large medical! assisted living facility uses. c. Adjacent Land Use and Zoning 1. North: Future phase of Meadow lake Village Subdivision Commercial, zoned L-O 2. East: Montvue Park Subdivision zoned L-O 3. South: Phases of Meadow Lake Village and St. Luke's hospital zoned L-O. 4. West: Future phase of Meadow lake Village Subdivision Commercial, zoned L-O d. History of Previous Actions: In 1999-2003, the City approved annexation and zoning of Touchmark Living Centers, and Conditional Use Permit for a Conceptual Planned Development approval was also granted in 2003 for the L-O district. Under this approval aU uses required detailed conditional use approval. In 2002 the Touchmark Living Centers received Final Plat approval for three building lots in this phase of the Meadow Lake Village Development, FP-02-006. e' Existing Constraints and Opportunities 1. Public Works: (Michael Cole, Development Services Coordinator) Location of sewer: There is an existing sewer main located in E.Louise that was installed during Touchmark Living Centers Nol. Location of water: There is an existing sewer main located in E.Louise that was installed during Touchmark Living Centers No 1. Issues or concerns: There was no conceptual designed submitted. Applicant shall coordinate main size and routing with Public Works, and comply with all City of Meridian Standard Specifications and Drawings. 2. Vegetation: This site has historically been graded for development. There are no existing trees or plantings on this site. 3. Flood plain: NA CUP-05-043 Wigod Medical Office PAGE 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533 4. CanalslDitches In'igation: Irrigation and pump house are located east of the site 5. Hazards: NA 6. Existing Zoning: L-O 7. Size of Property: 0.47 acres 8. Description of Proposed Use: The applicant is proposing to constmct a 4,600 square foot medical office. Landscaping: 1. Width of street buffer(s): IS-foot wide landscape easements are installed along E. Louise Dr. A IS-foot wide street buffer is proposed along the access point. 2. Percentage of site as open space (for PP and PD applications):NA 3. Other landscaping standards: MCC ] 2-13-11 requires landscaping within and around parking lots. The landscaping standards for parking lots should be required with a Certificate of Zoning Compliance permit (see Conditions of Approval in Exhibit B). g. Conditional Use Information: 1. A medical office in Meadow lake Village requires detailed Planned Development review as required by the Site Specific Conditions of approval CUP-03-005. h. Off-Street Parking (non-residential uses): 1. Parking spaces required: Standard ordinance parking requirements for "Clinics (medical, dental, optical)" apply to the site. The standard for Clinics (medical, dental, optical is 1 space per 200 gross square feet. The proposed building is 4,600 gross square feet, requiring 23 parking spaces under the existing Meridian city code. The applicant is proposing 9 parking stalls which would be considered undersized at 18'6" (where standard stalls are 19' long) for 13 total parking spaces. Therefore, at this time of writing this staff report, the applicant does not meet the parking requirement. However, when the applicant submits for their Certificate of Zoning Compliance, they will be subject to the provisions of Chapter 3 Section C of the Unified Development Code (effective September 15, 2005) The ODC requires one space per 500 gross square feet. The applicant will have sufficient parking under the provisions of the UDC. 2. Parking spaces proposed: 13 3. Compact spaces proposed: 4. Off-site parking proposed: NA 5. Percentage of interior parking as landscaping: With the Certificate of Zoning Compliance application, staff should ensure that the proposed parking lot is improved with landscaping according to MCC (see Conditions of Approval in Exhibit B). 6. COMMENTS MEETING On August 26, 2005, a joint agency/department comments meeting was held with representatives of key service providers to this property. Several comments were received from multiple departments. Based on the comments received from other agencies/departments, staff finds that the public services required can be made available to accommodate the proposed development. 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 the following Comprehensive CUP-05-043 Wigod Medical Office PAGE 3 CITY OF MERIDIAN DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533 Plan Policies and Goals relevant to the subject application: Chapter VII Goal I Objective B Action 3. Locate small-scale neighborhood conullercial areas within planned residential developments as part of the development plan. Generally, the Mixed Use designation will provide for a combination of compatible land uses that are typically developed under a master or conceptual plan. The mixed use plan was conceived under CUP-03-00S as Meadow Lake Village Planned Development. Sample Uses are listed as Clinics (medical, dental, optical. The uses of medical office are similar to the sample uses listed on Page 98 Chapter VII of the Meridian City Comprehensive Plan. 8. ZONING ORDINANCE a. Zoning Schedule of Use Control: Meridian City Code 11-8-1, Schedule of Use Control, lists Medical Office as permitted uses in a L-O zone. b. Purpose Statement of Zone: L-O Limited Office District: The purpose of the L-O district is to permit the establishment of groupings of professional, research, executive, administrative, accounting, clerical, stenographic, public service and similar uses. Research uses shall not involve heavy testing operations of any kind or product manufacturing of such a nature to create noise, vibration or emissions of a nature offensive to the overall purpose of this district. The L-O district is designed to act as a buffer between other more intense nonresidential uses and high density residential uses, and is thus a transitional use. Cormection to the municipal water and sewer system of the city is a requirement in this district. c. General Standards: According to MCC 11-17-1, the City should impose any condition(s) deemed necessary to insure compatibility of the development (CUP) with other uses in the vicinity and such additional safeguards as are necessary to uphold the intent of the ordinance. Please see Conditions of Approval in Exhibit B. MCC 11-19-1 states that: "No building or other structure shall be erected, moved, added to or structurally altered, nor shall any building, structure or land be established or changed in use without a certificate of zoning compliance issued by the Administrator. A certificate of zoning compliance shall be issued only in conformity with the provisions of this Title and shall be required before the issuance of a building permit." In accordance with MCC 1 1-19-1, the applicant should be required to submit certificate of zoning compliance (CZC) application(s) for the proposed medical office. Please see Conditions of Approval in Exhibit B. 9. ANALYSIS a. Analysis of Facts Leading to Staff Recommendation: 1. CUP Application: 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 a medical office. Please see Exhibit C for detailed analysis of facts and findings. b. Staff Recommendation: Staff recommends approval of the subject Planned Development request with the conditions contained in Exhibit B. Staff has prepared findings consistent with this recommendation. c. Planning Commission Recommendation: The Planning Commission voted unanimously at the CUP-05-043 Wigod Medical Office PAGE 4 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533 September 15, 2005 public hearing to reconmlended approval with the conditions outlined in the staff repOlt. 10. MOTION Approve I move to approve File Number CUP-05-043 as presented in the staff report dated October 18, 2005 with the following modifications to the conditions of approval: (add any proposed modifications) Deny I move to deny File Number CUP-05-043 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. EXHIDITS A. Drawings 1. CUP Site Plan titled Clinic and ASC Exhibit (dated: June 30,2005) B. Conditions of Approval 1. Planning Department 2. Public Works Department 3. Fire Department 4. Sanitary Service Company 5. Meridian Parks Department C. Required Findings from Zoning Ordinance CUP-05-043 Wigod Medical Office PAGE 5 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533 A. Drawings CUP Site Plan dated June 30, 2005 2.00\Drawings\OS 12All.dwg. 08i02J2005 10:05:22 AM. ZCiA Ardllteels and Planners. Chartered 1 ~; . !t Wigod Medical Office CUP-05-043 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533 B. Conditions of Approval PLANNING DEPARTMENT: 1.1 All applicable conditions of the previously approved Touclunark Living Centers Subdivision and Meadow Lake Village Planned Development, CUP-03-014 and CUP-03-005 shall also be considered conditions of the subject of Conditional Use Permit (CUP-05-043) application. 1.2 No building or other structure shall be erected, moved, added to or structurally altered, nor shall any building, structure or land be established or changed in use without a Celiificate of Zoning Compliance (CZC) issued by the Planning Department. NOTE: A CZC application may include multiple buildings and the parking lot. 1.3 Prior to issuance of a Certificate of Zoning Compliance (CZC) permit and construction of the medical office the landscape plan shall be amended to meet the standards ofMCC 12-13 1.4 The proposed 13-stall parking lot shown on the site plan dated June 30, 2005, shall be landscaped in accordance with MCC 12-13-11. NOTE: This requirement may reduce the number of parking stalls that can fit on the lot. Therefore, at least lOon-site parking stalls shall be provided for the office use. 1.5 Comply with the conditions and comments of all City Departments, and other agencies. 1.6 All required improvements must be complete prior to obtaining a Certificate of Occupancy for the proposed development. A temporary Certificate of Occupancy may be obtained by providing surety to the City in the form of a letter of credit or cash in the amount of 110% of the cost of the required improvements (including paving, striping, landscaping, and inigation). A bid must accompany any request for temporary occupancy. 1.7 If construction has not begun within 18 months of City Council approval, a new conditional use permit must be obtained prior to the start of development. 1.8 Outside lighting shall be designed and placed in such a manner as to eliminate glare and illumination of the adjoining roadways and properties, in accordance with City Ordinance Section 11-13-4.C. 1.9 Applicant's (or successor's) failure to comply with any of the terms of approval of the conditional use permit shall be cause for revocation of the conditional use permit. 1.10 All landscape buffers shall be approved under the certificate of zoning compliance application process and all landscaping shall be constructed prior to the issuance of any Certificate of Occupancy within the subdivision. Wigod Medical Office CUP-05-043 I, CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884.5533 (- 2 PUBLIC WORKS DEPARTMENT 2.1 All development improvements, including but not limited to sewer, fencing, pressurized inigation and landscaping shaH be installed and approved prior to obtaining celiificates of occupancy. 2.2 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 2.3 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. 2.4 The applicant shall be responsible for application and compliance with any NPDES Permitting that may be required by the Environmental Protection Agency. 2.5 The applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.6 A drainage plan designed by a State ofIdaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. Storm water treatment and disposal shall be designed in accordance with Depmiment of Environmental Quality 1997 publication Catalog of Storm Water Best Management Practices for Idaho Cities and Counties and City of Meridian Standards and policies. The applicant is responsible for filing all necessary applications with the Idaho Department of Water Resources regarding shallow Injection Wells. MERIDIAN FIRE DEPARTMENT 3.1 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. 3.2 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 W' outlet face the main street or parking lot aisle. b. The Fire hydrant shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works spec. d. Locations with fire hydrants shall have the curb painted red 10' to each side of the hydrant location. e. Fire Hydrants shall be placed on corners when spacing permits. f. Fire hydrants shall not have any vertical obstructions to outlets within 10'. g. Fire hydrants shall be place 18" above finish grade. h. Fire hydrants shall be provided to meet the requirements of the IFC Section 509.5. 3.3 All entrance and internal roads shall have a turning radius of28' inside and 48' outside radius. 3.4 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. Wigod Medical Office CUP-05-043 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533 3.5 Building setbacks shall be per the International Building Code for one and two story construction. 3.6 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. 3.7 Provide a Knoxbox entry system for the complex prior to occupancy. 3.8 All aspects of the building systems (including exiting systems), processes & storage practices shall be required to comply with the International Fire Code. 3.9 Provide exterior egress lighting as required by the International Building & Fire Codes SANITARY SERVICE COMPANY 4.1 Please contact Bill GregolY at SSC (888-3999) for detailed review of your proposal and submit stamped (approved) plans with your certificate of zoning compliance application. MERIDIAN PARKS DEPARTMENT 5.1 Trees shall be placed in landscape planters a minimum of six feet by six feet in front of building. Wigod Medical Office CUP-05-043 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533 C. Required Findings from Zoning Ordinance 1. CUP Findings: 4.1.1.1 The Commission and Council shall review the particular facts and circumstances of each proposed conditional use in terms of the following and may approve a conditional use permit if they shall find evidence presented at the hearing(s) is adequate to establish (11-17-3): A. That the site is large enough to accommodate the proposed use and all yards, open spaces, parking, landscaping and other features as may be required by this ordinance; The Council finds that the subject property is large enough to accommodate the requested use and all other required features as noted above. There are 10 required (UDC) parking stalls for approximately 4,600 square feet of medical/professional office space. The applicant is proposing 13 parking stalls on these lots. Staff concludes that the site is large enough to accommodate the proposed uses. Perimeter landscaping has been approved under the Meadow Lake Village Planned development. The applicant has shown the required landscape buffers and easements on the site plan. Internal landscaping will be addressed through Certificate of Zoning Compliance Approval. B. That the proposed use and development plan will be harmonious with the Meridian Comprehensive Plan and in accordance with the requirements of this Ordinance; The current Comprehensive Plan Land Use Map designates the property as "Mixed Use Neighborhood". The Comprehensive Plan text policies of Chapter VII, including the requirement for all development to proceed through a CUP and allowing Limited Offices Uses, are met with this plan. The Council finds that the proposed medical office use is harmonious with and in accordance with the Comprehensive Plan. As noted in the Findings for File #CUP-03-005, the "Mixed Use-Neighborhood" policies (Ch. VII, pg. 98) set a requirement of a detailed conditional use approval for all mixed use development. This application meets the requirement of a detailed conditional approval. C. That the design, construction, operation, and maintenance will be compatible with other uses in the general neighborhood and with the existing or intended character of the general vicinity and that such use will not adversely change the essential character of the same area; The Council finds that the Planning & Zoning Commission and City Council have previously determined the proposed uses and site configuration to be compatible with the general neighborhood. D. That the pmposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity; C - I CITY OF MERIDIAN DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533 The Council does not anticipate that the proposed clinic will adversely affect adjacent properties due to the fact that the proposed clinic is in compliance with the conceptual plan for Meadow Lake Village project and Touchmark Living Centers Subdivision. Any impacts of the clinic will likely be restricted to existing and future phases of the project itself. The Commission and Council consider any testimony (written and oral) presented at the public hearings before making this finding. E. That the proposed use will be served adequately by essential public facilities and services such as highways, street, police, and fire protection, drainage structures, refuse disposal, water, sewer or that the person responsible for the establishment of proposed conditional use shall be able to provide adequately any such services; The Council finds that the revised development plans will be adequately served by the essential public facilities and services listed above. The applicant has already received approval for these services as part of previous applications. F. That the proposed use will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community; The Council finds that the proposed use would not be detrimental to the economic welfare of the community, nor would it create the need for any new facilities or services to be paid for by the public that would be considered excessive. The use will actually be a net contributor to the tax base and job base of the City. G. That the proposed use will not involve activities or processes, materials, equipment, and conditions of operation that will be detrimental to any persons, property, or general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; The Council finds that no excessive traffic, smoke, fumes, glare or odors should result from the proposed medical office use. H. That the proposed use will have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public streets; The Council finds that the proposed use and vehicular approaches will not create significant interference with any traffic on the surrounding public streets. Please review the ACHD report for this project for additional information regarding this finding. I. That the proposed use will not result in the destruction, loss or damage of a natural, scenic or historic feature considered to be of major importance. The Council does not find that any natural or scenic feature will be lost, damaged or destroyed by issuance of this conditional use. Existing trees greater than 4" caliper must be retained or mitigated for, if removed. C - 2 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the Matter of Annexation and Zoning of 10.30 Acres from RUT (Ada County) to R-8 (Medium Density Residential) AND Preliminary Plat Approval of Forty-Nine (49) Residential Lots and Four (4) Common Lots on 10.30 Acres AND Conditional Use Permit for a Planned Development that Includes Reductions to the Minimum Lot Size, Street Frontage, and Setbacks of the R-8 Zone, for Larkspur Subdivision No.2, by Larkspur, LLC. Case No(s): AZ-05-036, PP-05-035, CUP-05-038 For the City Council Hearing Date of: October 18, 2005 A. Findings of Fact 1. Hearing Facts a. A notice of a public hearing was published for two (2) consecutive weeks prior to the City Council public hearing, the first publication appearing and written notice mailed to property owners or purchasers of record within three hundred feet (300') of the external boundaries of the property. The notice of public hearing before the City Council was posted upon the property under consideration more than one week before said hearing. All other noticing was done consistent with Idaho Code S67- 6509. The matter was duly considered by the City Council at the October 18,2005, public hearing(s). The applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction of the City of Meridian were given full opportunity to express comments and submit evidence. b. Written and oral testimony was received on this matter, as reflected in the records of the City Clerk (for written testimony) and in the official meeting minutes (for oral testimony). c. The Planning and Zoning Commission conducted a public hearing and issued a written recommendation on the subject matter to the City Council. d. The City Council heard and took oral and written testimony and duly considered the evidence and the record in this matter. 2. Process Facts a. There has been compliance with all notice and hearing requirements set forth in Idaho Code 967-6509, 6512, and Meridian City Code SS 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. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-05-036 / PP-05-035 / CUP-05-038- PAGEl of5 3. Application and Property Facts a. In addition to the application and property facts noted in the staff report and the Planning & Zoning Recommendation for the subject application(s), it is hereby verified that the property owner(s) of record at the time of issuance ofthese findings is Larkspur, LLC. 4. Required Findings per Zoning and Subdivision Ordinance a. See attached Staff Report for the findings required for these applications. 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. S67- 6503). 2. The Meridian City Council takes judicial notice of its Zoning, Subdivision and Development Ordinances codified at Titles 11 and 12, Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002, Resolution No. 02-382 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code S 11-17-9. 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Legal Descriptions in the attached Staff Report, the Preliminary Plat dated October 6,2005 as shown in the attached Staff Report, the Preliminary Plat Conditions as shown in the attached Staff Report, and the Conditional Use Permit Conditions as shown in the attached Staff Report. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the applications. C. Decision and Order CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-05.036/ PP-05-035 / CUP-05-038- PAGE 2 of5 Pursuant to the City Council's authority as provided in Meridian City Code S 12-3-5 and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's Preliminary Plat as evidenced by having submitted the Preliminary Plat dated October 6, 2005 is hereby conditionally approved; 2. The Site Specific and Standard Conditions are as shown in the attached Staff Report. 3. The following modifications to the site specific conditions of approval were made at the October 18, 2005 City Council hearing: Modify Condition 1.1.5 to read: "The continuance of E. Rosalyn Court into the project will eliminate the current cul-de-sac and leave unused ACHD right-of-way adjacent to Lots 12, 13, and 14, Block 6 and Lot 9, Block 7. The applicant shall apply to vacate the unused right-of-way prior to submittal of the final plat. " ii. Add Condition 1.1.11 which states: "The applicant shall construct a stem wall on the northeast corner of the property to control erosion between the subject property and the adjacent homeowner's property." D. Notice of Applicable Time Limits 1. Notice of Twelve (12) Month Preliminary Plat Duration Please take notice that after the date of approval of the preliminary plat, the owner or developer shall have one year within which to file the request for approval of the final plat. After approval of final plat, the owner or developer shall have one year to begin construction of the public utilities and one year thereafter to complete construction of those public facilities. (MCC 12-2-4.B & C.) 2. Notice of Eighteen (18) Month Conditional Use Permit Duration Please take notice that the conditional use permit shall be valid for a maximum period of eighteen (18) months unless otherwise approved by the council. During this time, the permit holder must commence the use as permitted in accordance with the conditions of approval, satisfy the requirements set forth in the conditions of approval, acquire building permits and commence construction of permanent footings or structures on or in the ground. In this context "structures" shall include sewer and water lines, streets or building construction. The applicant has specified in the application and to the commission and council a construction schedule and completion date for the project. If the completion date specified for the project is exceeded, the conditional use application shall become null and void. However, the applicant may submit an application for a time extension on the project for city council review. The application for time extension shall be submitted at least thirty (30) days prior to the deadline for completion of the project. For projects requiring platting, the final plat must be recorded within this eighteen (18) month period. For projects with multiple phases, the eighteen (18) month deadline shall apply to the first phase. In the event that the development is made in successive contiguous segments or multiple phases, such CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NOeS). AZ-05-036 / PP-05-035 / CUP-05-038- PAGE 3 of 5 phases shall be constructed within successive intervals of one year from the original date of approval by the council. If the successive phases are not submitted within one year intervals, the conditional approval of the future phases shall be null and void. (MCC 11-17-4.B.) E. Notice of Final Action and Right to Regulatory Takings Analysis I. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may request a regu latory 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 9 67-6521 an affected person being a person who has an interest in real property which may be adversely affected by tbe issuance or denial of the conditional use permit approval may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. F. Exhibits Exhibit A: Staff Report By action of the City Council at its regular meeting held on the 0(Av~{ ,2005. / fj<-I/l day of COUNCIL MEMBER SHAUNW ARDLE VOTED qllL VOTED~ COUNCIL MEMBER CHRISTINE DONNELL COUNCIL MEMBER CHARLIE ROUNTREE VOTED~ COUNCIL MEMBER KEITH BIRD VOTED~ MAYOR TAMMY de WEERD (TIE BREAKER) VOTED .,.--- CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECIS[ON & ORDER CASE NO(S). AZ-05-036 I PP-05-035 I CUP-05-038- PAGE 4 of 5 '''~~ ~ , ;'" , Of ' ii, v'--" lJ-\~1..1V6LLA----' .,~"~-{ '/~)AN\.~ \ 1(€~OLz.{/L-t l 0"'\ ~~ William G. Berg, Jr., Cit~pIr . ,Q) ~ j "",.,//"41 00 'S)"ft' ,',....~ //11111 VNT'{ , \\\\\\ Copy served upon Applicant, The IpHtNr\.Hig'and Zoning Department, Public Works Department and City Attorney. By: Sh CUV1V\. J,/~t{~ City Clerk Dated: J J -OLf -DS' CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-05-036 / PP-05-035 / CUP-05-038- PAGE 5 of 5 ( ( CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533 STAFF REPORT City Council Hearing Hearing Date: 10/18/2005 Mayor, City Council Josh Wilson, Associate City Planner Larkspur Subdivision No.2 . AZ-05-036 TO: FROM: SUBJECT: Annexation and Zoning of 10.30 acres from RUT to R-8 . PP-05-035 Preliminary plat of 49 building lots and 4 other lots in a proposed R-8 zone . CUP-05-038 Planned Development for reduced minimum lot size, frontage, and setbacks in a proposed R-8 zone 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, Larkspur LLC, has applied for Annexation and Zoning (AZ), Preliminary Plat (PP), and Conditional Use Permit for a Planned Development (CUP/PO) approval of 49 building lots and 5 common/other lots on 10.30 acres. The applicant submitted a revised preliminary plat prior to the public hearing which reduced the number of building lots to 49, committed to larger setbacks along the east boundmy, and placed all of the largest lots along the east boundary in response to input from a neighborhood meeting with residents of Meridian Greens Subdivision. The site is located east of S. Meridian Road/SH 69, and south of Overland Road. This site is currently rural residential with three single family residences and accessory buildings. The site has not been previously platted. 2. SUMMARY RECOMMENDATION: The Meridian Planning and Zoning Commission heard the item on September 15,2005. At the public hearing they moved to recommend approval. a. Summary of Public Hearing: i. In favor: Ron Sargent, applicant and Jim Slade ii. In opposition: Victor Watson (speaking for the Meridian Greens Homeowners Association and several residents the audience), Jim Rosetti, Rita Heitner, David Chesmore, Lou Bauman, Gary Phillips, Donald Nicholson, Paul Diehl, Jackie Updike, Greg Swanson, John Porter, John Colson, Bruce McCoy, Maureen Howell, Jim Rice, Charles Spier, Guy Lowman iii. Commenting: None. iv. Staff presenting application: Josh Wilson v. Other staff commenting on application: Anna Canning b. Key Issues of Discussion by Commission: i. Compatibility of the proposed subdivision with Meridian Greens Subdivision to the east ii. Ways to transition from the lower density subdivision to the east (Meridian Greens) to the proposed medium density subdivision. c. Key Commission Changes to Staff Recommendation: Larkspur No.2 AZ-05-036, PP-05-035 and CUP-05-038 PAG CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT. QUES'1I0NS? CALL (208) 884-5533 The applicant shall modify the proposed lots along the east boundary of the subdivision which are contiguous to Meridian Greens Subdivision to be at least 6200 square feet, with as many at 6S00 square feet as possible. ii. The homes adjacent to Meridian Greens Subdivision shall be constructed using 40 year "architectural" shingles on the roofs. iii. There shall be 2S foot rear yard setbacks on the lots along the east boundary of the subdivision which are contiguous to Meridian Greens Subdivision. iv. The applicant shall provide a 10 foot landscaped buffer along the east boundary of the subdivision which is contiguous to Meridian Greens Subdivision. d. Outstanding Jssue(s) for City Council: i. The applicant has submitted a revised preliminary plat, landscape plan, and letter of intent to the Meridian Planning Department which are consistent with the additional requirements placed on the applications at the September 1S, 200S Planning and Zoning Commission hearing. 3. APPLlCATJON AND PROPERTY FACTS a. Site Address/Location: 200 & 20S E, Rosalyn Court /East of S. Meridian Road, south of Overland Road b. Owner: 200 E. Rosalyn Court.: Jose Luis Larrea 20S E. Rosalyn Court: Arlen E. Dowdy Meridian, Idaho 83642 c. Applicant: Larkspur LLC 1771 N. Wildwood Street Suite 200 Boise, Idaho, 83713 d. Representative: Lance Warnick, Treasure Valley Engineers e. Present Zoning: RUT f. Present Comprehensive Plan Designation: Low Density Residential g. Description of Applicant's Request: The applicant is requesting concurrent approval for annexation and zoning of the subject 10.30 acres to R-8, preliminary plat approval of 49 buildable lots, and conditional use permit approval for a planned development with reductions to the minimum lot size, street frontage and setbacks of the R-S zone. The applicant is proposing 49 detached single-family lots. A gross density of 4.7S dwelling units per acre is proposed. As amenities, the applicant is proposing usable open space in excess of 10 percent of the site and a gazebo/barbeque area 011 Lot 9, Block 6. Access to the development is proposed from Blackspur Way to the north and from E. Rosalyn Court from the west. I. Date of preliminary plat (attached as Exhibit AI): October 6, 200S 2. Date oflandscape plan (attached as Exhibit A3): October 6, 200S h. Applicant's Statement/Justification (from the submittal material): The applicant has stated: "The Larkspur No.2 Planned Development is proposed to be composed of single family homes for seniors. The proposed... single family homes are designed for individuals who desire small yards with a minimum amount of maintenance." The letter also states: "This use Larkspur No.2 AZ-05-036, PP-05-035 and CUP-05-038 PAG CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533 is compatible with adjacent properties in the neighborhood such as Larkspur Subdivision No. 1, which includes 40 single family homes, a beautifully designed and landscaped Assisted Living Facility with care for seniors, and ideal neighborhood office space." 4. PROCESS FACTS a. The subject application will in fact constitute an annexation and/or rezone as determined by City Ordinance. By reason of the provisions of the Meridian City Code Title II Chapter 16, a public hearing is required before the City Council on this matter. b. 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 hearing is required before the City Council on this matter. c. Newspaper notifications published on: August 29,2005 and September] 2, 200S for the Planning and Zoning Commission hearing and September 26, 200S and October 10,2005 for the City Council hearing. d. Radius notices mailed to properties within 300 feet on: August 19, 200S for the Planning and Zoning Commission hearing and September 23, 200S for the City Council hearing. e. Applicant posted notice on site by: September 5, 200S for the Planning and Zoning Commission hearing and October 8, 200S for the City Council hearing. 5. LAND USE a. Existing Land Use(s): Rural residences and vacant land b. Description of Character of Surrounding Area: Existing c. Adjacent Land Use and Zoning I. North: Larkspur Subdivision, zoned R-S. 2. East Meridian Greens Subdivision, zoned R-4. 3. South: Vacant land and rural residences, zoned RUT (Ada County) 4. West Vacant land and rural residences, zoned RUT (Ada County) d. History of Previous Actions: N/A e. Existing Constraints and Opportunities 1. Public Works: (Michael Cole, Development Services Coordinator) Location of sewer: Extension of mains in Larkspur # 1 Location of water: Extension of mains in Larkspur #1 Issues or concems: The IO-foot easement on the eastern and southern property line of this development does not meet standard NMID requirements. 2. Vegetation: Mature trees around existing residences to remain 3. Flood plain: NA 4. Canals/Ditches Irrigation: None on property. S. Hazards: None on property. 6. Proposed Zoning: R-8 Larkspur No.2 AZ-05-036, PP-05-035 and CUP-05-038 PAG CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533 7. Size of Property: 10.3 acres 8. Description of Use: Single-Family f. Subdivision Plat InfollTIation 1. Residential Lots: 49 2. Non-residential Lots: N/A 3. Total Building Lots: 49 4. Common Lots: 5. Other Lots: N/A 6. Total Lots: 54 7. Open Lots: 8. Residential Area: 10.3 acres 9. Gross Density: 4.75 units per acre g. Landscaping 1. Width of street buffer(s): None required; the subdivision has frontage on local roads which require no landscape buffer for residential subdivisions. 2. Width ofbuffer(s) between land uses: None required; the subdivision is sUlTounded by lands designated for, or developed as, single family residential. 3. Percentage of site as open space (PP and PD applications): 10.1% ofland included in Planned Development (.81 acres) 4. Other landscaping standards: Common open space shall be suitably improved for its intended use and shall include at least I deciduous tree per 8,000 square feet and lawn. h. Conditional Use Information I. Non-residential square footage: 0 square feet 2. Proposed building height: 35' per the R-8 district 3. Number of Residential units: 49 i. Planned Development Characteristics: 49 detached single-family homes j. Amenities: 10.1% open space, gazebo/barbeque area, and connection to multi-use pathway. \. Proposed and Required Residential Standards R-S (detached) Setbacks Proposed Required Front Living Area 15 15 Front Accessed Garage 20 20 Street side Living Area 15 15 Side 5 Rear 12 15 Larkspur No.2 AZ-05-036, PP-05-035 and CUP-05-038 PAG ( ( CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533 Rear (E. side of Blacks pur Way) 25 Frontage Lot Size 42 4108 15 65 6500 m. Summary of Proposed Streets and/or Access: All internal streets are proposed as public. All sidewalks are 5-feet wide and are attached to the curb. For detailed Conditions of Approval on the public streets and access points to public streets, please see the attached Exhibit B. 6. COMMENTS MEETING On August 26,2005 Planning Staff held an agency comments meeting. The agencies and departments present include: 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 The subject property is currently designated 'Low Density Residential' on the 2002 Comprehensive Plan Future Land Use Map. The applicant has requested a one "step" increase in density to Medium Density Residential, consistent with Note #2 on the Comprehensive Plan Future Land Use Map which states: "In residential areas, other residential densities will be considered without requiring a Comprehensive Plan Amendment. However, the density can only be changed one "step" (i.e. low to medium, not low to high, etc.)." In Chapter VII of the Comprehensive Plan, medium density is defined as areas including single- family homes at densities of three to eight dwelling units or less per acre. The gross density of the zoning request is 4.75 dwelling units per acre. Staff recognizes that there are some existing low density residential land uses to the east and believes that the proposed transition (to a slightly higher density) is desirable for the City and is a reasonable continuance of the approved medium density residential uses directly to the north. 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 publ ic services. (Chapter VII, Goal III, Objective A, Action]) 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: · Sanitmy sewer and water service will be extended to the project at the developer's expense. · The subject lands currently Lie within the jurisdiction of the Meridian Rural Fire District. Once annexed the lands will be under the jurisdiction of the Meridian City Fire Department, who currently shares resource and personnel with the Meridian Rural Fire Department. · The subject lands currently lie within the jurisdiction of the Ada County Sheriff's Office. Once annexed the lands will be serviced by the Meridian Police Department (MPD). · The roadways adjacent to the subject lands are currently owned and maintained by the Ada County Highway District (A CHD). This service will not change. · The subject lands are currently serviced by the Meridian School District #2. This service will not change. Larkspur No.2 AZ-05-036, PP-05-035 and CUP-05-038 PAG CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533 · The subject lands are currently serviced by the Meridian Library District. This service will not change and the Meridian Librmy District should suffer no revenue loss as a result of the subject annexation. Municipal, fee-supported, services will be provided by the Meridian Building Department, the Meridian Public Works Department, the Meridian Water Department, the Meridian Wastewater Department. the Meridian Planning Department, Meridian Utility Billing Services, and Sanitmy Services Company. · Protect existing residential properties from incompatible land use development on adjacent parcels (Chapter VII, Goal IV, Objective C, Action I) The applicant is proposing a single-family development. The existing residential properties to the east and the approved residential subdivision to the north 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 IV, Objective C, Action 10) The subject property is designated Low-Density Residential, and the applicant has requested a one "step" increase in density to Medium Density Residential, consistent with Note #2 on the Comprehensive Plan Future Land Use Map.. The applicant has proposed a density consistent with the requested R-8 zone (4.75 du./acre). · Require street connections between subdivisions at regular intervals to enhance connectivity and better traffic flow (Chapter VI, Goal II, Objective A, Action 6) As part of the Larkspur Subdivision approval, a stub street was required to the northern boundwy of the subject site. The appUcant is proposing to extend this stub street, Blackspur Way, and provide three additional stub streets to the adjacent properties. The applicant is also connecting to an existing road, E. Rosalyn Court, at the western boundmy of the project. City staff and A CHD are supportive of the connectivity plan for this area (see A CHD 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. Require new urban density subdivisions which abut or are proximal to existing low density residential land uses to provide landscaped screening or transitional densities with larger, more comparable lot sizes to buffer the interface between urban level densities and rural residential densities. (Chapter VII, Goal I, Objective D, Action 8) The applicant has proposed a development in which the larger lots in the development are on the periphefY, while the smaller lots are internal. The Comprehensive Plan calls for lower density on this site, up to 3 dwelling units per acre. Staffrecognizes that there are some existing low density residential land uses to the east and believes that the proposed transition (to smaller lots) is desirable for the City and is a reasonable continuance of the approved medium density subdivision to the north. Permit new residential, commercial, or industrial developments only where urban services can be Larkspur NO.2 AZ-05-036, PP-05-035 and CUP-05-038 PAG CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT. QUEStIONS? CALL (208) 884-5533 reasonably provided at the time of final approval and development is contiguous to the City. (Chapter IV 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 permitted use in the R-8 zoning district. b. Purpose Statement of Zone: R-S Medium Density Residential District: The purpose of the R-S district is to permit the establishment of single- and two-family dwellings at a density not exceeding eight (S) dwelling units per acre. This district delineates those areas where such development has or is likely to occur in accord with the comprehensive plan of the city and is also designed to permit the conversion of large homes into two family dwellings in well-established neighborhoods of comparable land use. Connection to the municipal water and sewer systems of the city is required. c. General Standards: As part of the PO, the applicant is requesting modifications to the general lot size, street frontage and side yard setback standards of the R-8 zone. Other than the requested modifications, the proposed development substantially complies with all of the general standards of the Meridian Zoning Ordinance. 9. ANALYSIS a. Analysis of Pacts Leading to Staff Recommendation I. AZ/RZ Application: 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 single-family residential subdivision. Please see Exhibit D for detailed analysis of facts and findings. The annexation legal description submitted with the application (stamped on July 14, 2005 by Robert Hinckley, PLS) shows the property as contiguous to the existing corporate boundary of the City of Meridian. That the applicant will be responsible for all costs associated with the sewer and water service extension. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service, per City Ordinance Section 5-7-517, when services are available from the City of Meridian. Wells may be used for non-domestic purposes such as landscape irrigation. That 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. 2. PP Application: Existing: homes to remain: The existing homes on Lots 12 and 13, Block 6 and Lot 9, Block 7 are proposed to remain and are contained on larger lots to accommodate the existing structures and uses. All structures not contained within the boundaries of a lot are to be removed. See Site Specific Condition 1. 1.2. Larkspur No.2 AZ-05-036, PP-05-035 and CUP-05-038 PAG CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT. QUES'lIONS? CALL (208) 884-5533 Common Dfives: Lots 39 and 40, Block 4 are proposed to have approximately 21 feet of frontage pef lot and shall share a common drive. The common drive shall be a minimum of 16 feet in width and meet the standards set forth in MCC 12-4-14. See Site Specific Condition 1.1.3. Landscaoe Plan: The applicant submitted a revised preliminmy plat prior to the public hearing which addressed concerns of neighboring developments. The landscape plan submitted with the application has not been revised to reflect the changes, and shall be revised as follows. See Site Specific Condition I.1.S: Illustrate the proposed landscaping on Lot 34, Block 4. Illustrate the proposed landscaping on Lot 4, Block 6. Illustrate the proposed landscaping on Lot 43, Block 8. lIlustrate how the reduction in width on Lot 9, Block 6 and Lot 8, Block 7 will affect the proposed landscaping and amenities shown on the submitted landscape plan. ROW on E. Rosalvn Court: The continuance of E. Rosalyn Court into the project will eliminate the current cul-de-sac and leave unused ACHD right-of-way adjacent to Lots 12, 13, and 14, Block 6 and Lot 9, Block 7. The applicant shall vacate the unused right-of-way and include said land in the adjacent lots prior to submittal of the final plat. See Site Specific Condition 1.1.6. 3. CUP Application: Open space/Amenities: The applicant has proposed three amenities with the Planned Development: open space in excess of 10%, a gazebo and barbeque area for residents, and connection to a City of Meridian multi-use pathway system through a connection to Larkspur Subdivision No.1. Staff finds that the amenities are appropriate for the neighborhood and meet the criteria outlined in MCC 12-6-2. See Site Specific Condition 1.3.1. Reductions to Dimensional Standards: As part of the Planned Development, the applicant has requested reductions to the lot frontage, minimum lot size, and setbacks for the R-S zone. The applicant has requested reduction to the minimum lot size for 45 of the 49 building lots, and reductions in minimum street frontage for 42 of the 49 building lots. The approved reductions to dimensional standards are detailed above. See Site Specific Condition 1.3.2. Bufferimr from Meridian Greens: The applicant submitted a revised preliminmy plat prior to the public hearing which reduced the number of building lots to 49, committed to larger setbacks (2S') along the east boundary, and placed all of the largest lots along the east boundary in response to input from a neighborhood meeting with residents of Meridian Greens Subdivision. Staff supports the modifications to the plat as an appropriate transition from the R-4 zoning to the east to the proposed R-8 zoning on the subject site. See Site Specific Condition 1.3.3. b. Staff Recommendation: Staff recommends approval of AZ-OS-036, PP-OS-035, and CUP-OS- 38 for Larkspur Subdivision No.2, based on the Findings of Pact as listed in Exhibit D and subject to the conditions of approval as listed in Exhibit B as attached to this report. 10. PROPOSED MOTION Approve Larkspur No.2 AZ-05-036, PP-05-035 and CUP-05-038 PAG ( CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT. QUES nONS? CALL (208) 884-5533 I move to approve File Numbers AZ-05-036, PP-OS-035, and CUP-05-038 as presented in the staff report for the hearing date of September IS, 200S, the preliminary plat dated July] 4, 200S, and the site plan dated July 14, 200S with the following modifications to the conditions of approval: (add any proposed modifications). Deny I move to deny File Numbers AZ-OS-036 and CUP-OS-038 as presented in the staff report for the hearing date of September IS, 2005, the preliminary plat dated July 14, 200S, and the site plan dated July 14, 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. EXHIBITS A. Drawings 1. Preliminary Plat (dated: October 6, 200S) 2. Approved Elevations 3. Landscape Plan (dated: October 6,2005) B. Conditions of Approval 1. Planning Department 2. Public Works Department 3. Fire Department 4. Police Depm1ment S. Parks Department 6. Sanitary Service Company 7. Ada County Highway District C. Legal Description D. Required Findings from Zoning Ordinance Larkspur No.2 AZ-05-036, PP-05-035 and CUP-05-038 PAG CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT. QUES nONS? CALL (208) 884.5533 A. Drawings 1. 3 A - ] ( CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533 2. Approved Elevations A.2 ( ( CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT. QUESTI.ONS? CALL (208) 884-5533 I ~ A - 3 I CITY OF MERIDIAN PLANNI1'>fG DEPARTMENT STAFF REPORT. QUES lIONS? CALL (208) 884-5533 A -4 I CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533 3. Landscape Plan (dated: October 6, 200S) A - 5 ( CITY OF MERIDIAN PLANNING 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 Sheet P-l prepared by Treasure Valley Engineers, dated August 3], 2005, is approved, with the conditions listed herein. All comments/conditions of the accompanying Annexation and Zoning (AZ-05-036) and Conditional Use Permit (CUP-OS-038) applications shall also be considered conditions of the Preliminary Plat (PP-OS-03S). 1.1.2 All structures not contained within the boundaries of a lot are to be removed. 1.1.3 Lots 39 and 40, Block 4 shall share a common drive. The COllUTIon drive shall be a minimum of 16 feet in width and meet the standards set forth in MCC 12-4-14. 1. 1.4 The landscape plan prepared by Treasure Valley Engineers, labeled Sheet Ll, is approved with the following change(s): Illustrate the proposed landscaping on Lot 34, Block 4. Illustrate the proposed landscaping on Lot 4, Block 6. Illustrate the proposed landscaping on Lot 43, Block 8. Illustrate how the reduction in width on Lot 9, Block 6 and Lot 8, Block 7 will affect the proposed landscaping and amenities shown on the submitted landscape plan. With the final plat application, submitted revised copies of the landscape plan with the changes listed above. Other than the changes listed above, the approved landscape plan is not to be altered without prior written approval of the Planning & Zoning Department. I.1.S The continuance of E. Rosalyn Court into the project will eliminate the current cul-de-sac and leave unused ACHD right-of-way adjacent to Lots 12, 13, and 14, Block 6 and Lot 9, Block 7. The applicant shall apply to vacate the unused right-of-way prior to submittal of the final plat. L 1.6 Maintenance of all common areas shall be the responsibility of the Larkspur Subdivision NO.2 Homeowners' Association. 1.1.7 The aoolicant shall modifv the orooosed lots along the east boundary of the subdivision which are contiguous to Meridian Greens Subdivision to be at least 6200 square feet with as manv at 6S00 square feet as oossible. 1.1.8 The homes adiacent to Meridian Greens Subdivision shall be constructed using 40 vear "architectural" shingles on the roofs. 1.1.9 There shall be 2S foot rear vard setbacks on the lots alonfl the east boundary of the subdivision which are contiguous to Meridian Greens Subdivision. L1.10 The aDDlicant shall orovide a 10 footlandscaoed buffer along the east boundarv of the subdivision which is contiguous to Meridian Greens Subdivision. 1.1.11 The aDDlicant shall construct a stem wall on the northeast comer of the mODertv to control erosion between the subiect mooertv and the adiacent homeowner's orooertv. 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. B-1 ( CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT. QUES'lIONS? CALL (208) 884-5533 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 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 stormwater detention facility cannot be incorporated into the approved open space and still meet the standards of MCC 12-13-] 4, then the applicant shall relocate the facility. This may require losing a developable lot or developable area. Jtis the responsibility of the developer to comply with ACHD, City of Meridian and all other regulatory requirements at the time of final construction. 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 utilize any existing surface or well water for the primary source. If a surface or well source is not available, a single-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer 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 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.S Any tree over 4" in caliper that is removed from the property shall be replaced by installing additional trees, being the equivalent number of caliper inches of trees that were removed. Required landscaping trees will not be considered as replacement trees for those trees that have to be mitigated. 1.2.6 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 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. 1.2.7 Staffs failure to cite specific ordinance provisions or terms of the approved annexation/conditional use does not relieve the applicant of responsibility for compliance. 1.2.8 Preliminary plat approval shall be subject to the expiration provisions set forth in MCC 12-2-4. 1.3 SITE SPECIFIC REQUIREMENTS-CONDITIONAL USE PERMIT 1.3.1 The approved amenities are as follows: open space in excess of 10%, a gazebo and barbeque area for residents, and connection to a City of Meridian multi-use pathway system through a connection to Larkspur Subdivision No.1. 1.3.2 The approved minimum dimensional standards are as follows; Setbacks Front Living Area IS Front Accessed Garage 20 B-2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884.5533 Street side Living Area 15 Side 4 Rear 12 Rear (E. side of Blackspur Way) 25 Other Min. Frontage 42 Min. Lot Size 4,108 ] .3.3 Lots 26-40, Block 4 shall have a 25-foot rear setback. 1.3.4 The submitted elevations are approved, with the following changes: All garage doors in the development shall have at least two windows. 2. Public Works Department 2.1 All structures not fully contained on a lot or not meeting setback requirements shall be removed prior the City Engineer's signature on final plat. 2.2 All existing houses that are to remain shall be hooked up to City of Meridian services as soon as municipal services are finaled and activated. The applicant shall be responsible for the physical hook-up, as well as the payment of assessments. Revise note 12 on the face of the preliminary plat to indicate this condition. 2.3 All existing domestic wells, septic systems and appurtenances within this project shall be removed fi.om domestic service per City Ordinance Section 9-1-4 and 9-4-8. 2.4 The applicant has indicated that the pressurized irrigation system in this development will be owned and operated by Nampa and Meridian lITigation District. Evidence of a license agreement with this entity shall be provided prior to scheduling of a pre-construction meeting. 2.5 The preliminary plat indicates both a pressurized and gravity irrigation main being installed in the standard 10-foot rear easement. The applicant shall widen the easement to extend 5-feet past the center line of the outermost pipe, or submit permission from Nampa and Meridian Irrigation District that the sub-standard easement is acceptable. 2.6 Sanitary sewer service to this site is being proposed via extension of mains in Larkspur #1. The applicant shall be responsible to install mains to and through this proposed development thereby making them available to adjacent properties, coordinate main size and routing with the Public Works department. Cover over sanitary sewer mains shaU be no less than 3-feet from finish grade to the top of the pipe. Ifcover is less than3-feet from the sub-grade to the top of pipe alternate pipe materials shall be used per City of Meridian Standard Specifications. 2.7 Water service to this site is being proposed via extension of mains in Larkspur #1, and a second connection in Meridian Road. The applicant shall be responsible to install mains to and through this proposed development, thereby make them available to adjacent properties, coordinate main size and routing with the Public Works Department. The applicant shall execute standard forms of easements for any mains that are required to provide service. 2.8 All rear lot lines shall have a I O-foot Public Utilities Drainage, and Irrigation easement dedicated with the plat. 2.9 Street signs shall be in place, water system shall be approved and activated, fencing shall be installed, drainage lots constructed, road base shall be approved by the Ada County highway District, and the Final Plat for this subdivision shall be recorded, prior to applying for building permits. B-3 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533 2.10 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. 2.11 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. 2.12 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to signature on the final plat per Resolution 02-374. 2.13 Preliminary plat approval shall be subject to the expiration provisions set forth in MCC 12-2-4. 2.14 It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 2.15 Applicant shall be responsible for application and compliance with and NPDES Permitting that may be required by the Environmental Protection Agency. 2.16 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. Developer shall coordinate mailbox locations with the Meridian Post Office. 2.17 All grading of the site shall be performed in conformance with MCC 11-12-3H. 2.1S 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. 2.19 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. 2.20 One hundred watt, high-pressure sodium streetlights shall be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. Final design locations and quantity are determined after power designs are completed by Idaho Power Company. The street light contractor shall obtain design and permit from the Public Works Department prior to commencing installations. 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 SOO' apart. International Fire Code Appendix C 3.1.2 Acceptance of the water supply for fire protection will be by the Meridian Fire Depmtrnent 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. a) Fire Hydrants shall have the 4 Yz" outlet face the main street or parking lot aisle. b) The Fire hydrant shall not face a street which does not have addresses on it. B - 4 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT. QUES'rfONS? CALL (208) 884-5533 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 permits. t) 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. 3.1.4 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 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. 3.1.9 The proposed 49-lot subdivision with an estimated 2.9 residents per household would have a total estimated population of 142 residents at build out. 4. Police Department 4.1.1 The proposed development and/or plat do not offer natural surveillance opportunities of the public areas. Prior to the next public hearing, the applicant shall meet with the Police Chief and/or Planning Staff to discuss features that increase visibility, including but not limited to: doors and windows that look out on the public areas, front porches, and adequate nighttime lighting. The site plan and/or landscaping plan shall be revised in accord with those discussions. 4.1.2 Fencing on Lots 8 and 10, Block 6, and Lots 7 and 9, Block 7, shall allow visibility from the street or shall not exceed four feet in height if solid fencing is used. 5. Parks Department 5.1.1 Standard for Mitigation of trees: The standard established in the City of Meridian Landscape Ordinance (MCC 12-13-13-6) will be followed. 5.1.2 Standard Plan for Protection of Existing Trees during Construction: The standard established in the City of Meridian Landscape Ordinance (MCC 12-13-13) will be followed. 6. Sanitary Service Company 6.1.1 SSC has no comments related to this application. 7. Ada County Highway District A. Site Specific Conditions oj Approval 1. Extend Rosalyn Drive into the site fi'om the west property line, as proposed. 2. Extend South Blackspur Way into the site from the north property line approximately t02-feet west of the east property line, as proposed. B - 5 ( CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533 3. Extend a stub street to the south property line approximately I 39-feet east of the west property line, as proposed. 4. Construct a stub street to the west property line approximately 79-feet north of the south property line, as proposed. Install a sign at the tem1inus of the roadway that states, "This road will be extended in the future." 5. Remove the proposed turnaround at the terminus of Tobago Place and construct a stub street to the west property line that is located approximately I OO-feet south of the north property line. Construct a temporary turnaround at the terminus of the roadway and Install a sign at the terminus of the roadway that states, "This road will be extended in the future." 6. Construct South Blackspur Way, East Amalie Drive, East Tobago Place and the stub street to the south as a 34-foot street section with rolled curb, gutter and 5-foot concrete sidewalk's within 46- feet of right-of-way, as proposed. 7. Construct East Rosalyn Drive as a 34-foot street section with rolled curb, gutter and 5-foot attached concrete sidewalks within 46-feet of right-of-way to match the remainder of the subdivision and area. 8. Comply with all Standard Conditions of Approval. B. Standard Conditions of Approval 1. Any existing irrigation facilities shall be relocated outside of the right-of-way. 2. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 3. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 4. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details. 5. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State ofIdaho shall prepare and certify all improvement plans. 6. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 7. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 8. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #200, also known as Ada County Highway District Impact Fee Ordinance. B - 6 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533 9. It is the responsibility of the applicant to verify all existing utilities within the right-of-way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1-800-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 10. No change in the terms and conditions 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 confimlation of any change from the Ada County Highway District. 11. Any change by the applicant in the planned use of the property which is the subject 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 propel1y 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. B -7 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533 C. Legal Description \i'.Hi'll!1UP1 i.ot 3 of to f'1e PC-:lH OF mor ,', or IE ~', C - 1 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT. CALL (208) 884-5533 D. Required Findings from Zoning Ordinance 1. Annexation and Zoning Findings: The Commission and Council shall review the particular facts and circumstances of each proposed zoning amendment in terms of the following standards and shall find adequate evidence answering the following questions about the proposed zoning amendment: The following is the list of standards found in 11-15-11 and analysis by staff: A. Will the new zoning be harmonious with and in accordance with the Comprehensive Plan and, if not, has there been an application for a Comprehensive Plan amendment; See Comprehensive Plans and Policies as listed in staff report item #7 above. City Council supports the zoning and finds the proposal in general accord with the Comprehensive Plan. B. Is the area included in the zoning amendment intended to be rezoned in the future; City Council does not anticipate that the applicant intends to rezone the subject property in the future. C. Is the area included in the zoning amendment intended to be developed in the fashion that would be allowed under the new zoning -for example, a residential area turning into a commercial area by means of conditional use permits; City Council finds that detached single-family residential uses are allowed within the requested zoning district ofR-S. The applicant is requesting to modify some ofthe dimensional standards of the R-S zone and has submitted a conditional use pelmit for a planned development. D. Has there been a change in the area or adjacent areas which may dictate that the area should be rezoned. For example, have the streets been widened, new railroad access been developed or planned or adjacent area being developed in a fashion similar to the proposed rezone area; City Council finds that recent residential developments in this area have been approved for development similar to the proposed subdivision, with single-family residences. City Council finds that the area is changing and this site is eligible for annexation and zoning. E. Will the proposed uses be designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and that such use will not change the essential character of the same area; City Council finds that the requested zoning and proposed density meets the anticipated range for a medium density urban project. Based on the Comprehensive Plan, staffbelieves that the existing parcels in the area (north) have already been approved with similar densities and allowances for alternate products and designs are encouraged. City Council also finds that the proposed zoning/uses can be designed and constructed in a manner that will be harmonious with, and appropriate in appearance with, the existing and intended character of the surrounding area. The proposal meets the standards of MCC 12-13-16 Residential Subdivision Open Space which states that "common space shall equal or exceed five percent of the gross land area of the subdivision. This requirement shall apply to all single family residential subdivisions of five acres or more." D - 1 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533 City Council does not find that the proposed zoning/uses will adversely change the essential character of area. F. Will the proposed uses not be hazardous or disturbing to existing or future neighboring uses; City Council does not anticipate that the proposed residential uses will be hazardous as long as the conditions outlined in this report are complied with and construction traffic and house construction is conducted in a manner consistent with City Code. G. Will the area be served adequately by essential public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water, sewer or that the person responsible for the establishment of proposed zoning amendment shall be able to provide adequately any of such services; The applicant will be responsible for the extension of all utilities necessary to serve this proposed development. Sizing and routing shall be coordinated with the Public Works Department The applicant and/or future property owners will be required to pay park and highway impact fees. ACHD has submitted a staff report with site specific and standard conditions as attached in Exhibit B7. On August 26, 200S, ajoint agency/department comments meeting was held with representatives of key service providers to this property. Based on the joint agency/department meeting and other comments received from agencies/departments, City Council finds that the public services listed above can be made available to accommodate the proposed development H. Will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community; If approved, the developer will be financing the extension of sewer, water, local street infrastructure, utilities and irrigation services to serve the project The primary public costs to serve the future residents will be fire, police and school facilities and services. City Council finds there will not be excessive additional requirements at public cost and that the proposed zoning and subsequent development will not be detrimental to the community's economic welfare. I. Will the proposed uses not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; City Council finds that the proposed annexation and the development of single-family homes on this site will not involve uses that will create nuisances that would be detrimental to the general welfare of the surrounding area. City Council recognizes the fact that traffic and noise will increase with the approval of this subdivision; however, staff does not believe that the amount generated will be detrimental to the general welfare of the public. City Council does not anticipate the proposed annexation and subsequent uses will create excessive traffic, noise, smoke, fumes, glare, or odors. 0-2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533 J. Will the area have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public streets; ACHD is supportive of the proposed streets. If is designed and constructed as approved by the ACHD and the City, City Council does not believe that the subdivision will create interference with traffic on the surrounding public streets. K. Will not result in the destruction, loss or damage of a natural or scenic feature of major importance; and There are some mature trees on this property. Any existing trees larger than 4" caliper that are removed should be mitigated for, per the Landscape Ordinance. City Council finds that the proposed development will not result in the destruction, loss or damage of any natural feature(s) of major importance if developed under these conditions. L. Is the proposed zoning amendment in the best interest of the City of Meridian. (Ord. 592, 11-17-1992)? The R-8 zoning amendment will provide diversity in lot size from the existing subdivisions in the vicinity. City Council finds that all essential services are available or will be provided by the developer to the subject propelty and will not require unreasonable expenditure of public funds. The applicant is proposing to develop the land in general compliance with the City's Comprehensive Plan. Subdivisions of medium density have already been approved for development to the north and this is a logical expansion of the City limits. In accordance with the findings listed above, City Council finds that annexation and zoning: of this mODertv would be in the best interest of the City. 2. Preliminary Plat Findings: Sections 12-3-3 1.2 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 of the subdivision with the Comprehensive Development Plan; Please see Annexation and Zoning Findings Item A above. B. The availability of public services to accommodate the proposed development; Please see Annexation and Zoning Findings Items G and H above. C. The continuity of the proposed development with the capital improvement program; Because the developer is installing sewer, water, and utilities for the development at their cost, 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 Exhibit B for comments and conditions from other agencies and departments. E. The other health,. safety or environmental problems that may be brought to the Commission's attention. D - 3 crTY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT. QUES'fIONS? CALL (208) 884-5533 City Council is not aware of any health, safety or environmental problems associated with the development of this subdivision that should be brought to the Councilor Commission's attention. ACHD considers road safety issues in their analysis. 3. CUP Findings: The Commission and Council shall review the particular facts and circumstances of each proposed conditional use in terms of the following and may approve a conditional use permit ifthey shall find evidence presented at the hearing(s) is adequate to establish (l1-17-3): A. That the site is large enough to accommodate the proposed use and all yards, open spaces, parking, landscaping and other features as may be required by this ordinance; As part of the Planned Development (PD) the applicant is requesting relief from the standard street frontage, lot size and side setback requirements of the R-S zone as required by Meridian City Code. City Council finds that the subject property is large enough to accommodate the requested use and all other required ordinance features. Although the site is large enough to accommodate all of the features required by ordinance, the applicant has asked, through the Planned Development, to modify specific development standards. B. That the proposed use and development plan will be harmonious with the Meridian Comprehensive Plan and in accordance with the requirements of this Ordinance; City Council finds that the proposed single-family residential subdivision is generally harmonious with and in accordance with the 2002 Comprehensive Plan and Future Land Use Map, which designates the land to be "Low Density Residential" (provided the Commission and Council grant the requested step up in density and the Planned Developemnt). Please see Annexation and Zoning Findings A. C. That the design, construction, operation, and maintenance will be compatible with other uses in the general neighborhood and with the existing or intended character of the general vicinity and that such use will not adversely change the essential character of the same area; Please see Annexation and Zoning Findings E. D. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity; City Council finds that the proposed uses will not adversely affect other properties in the vicinity. E. That the proposed use will be served adequately by essential public facilities and services such as highways, street, police, and fire protection, drainage structures, refuse disposal, water, sewer or that the person responsible for the establishment of proposed conditional use shall be able to provide adequately any such services; Please see Annexation and Zoning Findings G and H, the Other Agency/Department Comments and Conditions in Exhibit B, and any comments that may be submitted to the City Clerk regarding this project. F. That the proposed use will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community; D -4 {< ( CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT. QUESrIONS? CALL (208) 884-5533 Please see Annexation and Zoning Findings H. G. That the proposed use will not involve activities or processes, materials, equipment, and conditions of operation that will be detrimental to any persons, property, or general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; Please see Annexation and Zoning Findings 1. H. That the proposed use will have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public streets; Please see Annexation and Zoning Findings J. The Commission and Council should review any comments received from the ACHD and/or ITD regarding this project when determining this finding. I. That the proposed use will not result in the destruction, loss or damage of a natural, scenic or historic feature considered to be of major importance. Please see Annexation and Zoning Findings K. D - 5 October 14, 2005 MERIDIAN CITY COUNCIL MEETING APPLICANT Pinnacle Engineers, Inc. V AR 05-020 October 18, 2005 ITEM NO. 12 REQUEST Public Hearing - Request for a Variance request for a third time extension to record the Final Plat for Schwenkfelder Tire Subdivision - Meridian Road west of Franklin Road AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: r ~ -?-fJyW Date: (0/1 -dos- Phone: ~':g 7,.... 77 (J) Emailed:(.\r\rl.SI(\~\>I.(\^o....d-e..r~(\.<J {'C+C-t.rs.~taff Initials: f..-f!- Materials presented at public meetings shall become property of the City of Meridian. COMMENTS See attached Memo a;rf~ ~ v~(Jl ~ Memorandmn To: Mayor & City Council cc: Chris Hobbs, Pinnacle Engineers From: Sonya Watters Date: 10/14/2005 Re: Schwenkfelder Tire Subdivision (fka Commercial Tire Subdivision) The applicant, Pinnacle Engineers, Inc., submitted a variance request for a time extension to file the final plat for Schwenkfelder Tire Subdivision with the Ada County Recorder's office. The final plat for this subdivision was approved by City Council on December 18, 200 I. A time extension was granted on January 7,2003 and expired on January 7, 2004. On January 27,2004, a variance for a time extension was granted for 6 months which expired on July 27,2004. The applicant submitted a third time extension request that was scheduled for the October 18th meeting. Upon review ofthe variance request by staff and the City Attorney, we determined that the applicant is not eligible to apply for another time extension on a plat that has been expired for over a year. Staff has requested that the Finance Department refund the applicant's fees. UC" Uf u:;' U:.:l: 18p PinnaCle Engineers, Inc. (208)887-7781 p.2 PINNACLB Engineers~ Inc. TO: Will Berg City of Meridian City Clerk 33 E. Idaho Avenue Meridian, ID 83642 DATE: 'October 7,2005 RE: Property posting for Schwcnkl'Cld~r Tire Subdivision Variance (V AR-05-020) CITY OF MERIDIAN CLERK OFFIC;r Dear Mr. Berg: Schwenkfelder Tire Subdivision Ynriancc (V AR-05-020) was posted on October GIll, 2005, per tht; requirement ofthc City of MCl'idian's City Code. The att'\chcd photos depict the property posteu located at 417 S. Meridian Road. If you have any questions or comments, please don't hesitate to contact me at (208) 887 -7760. sincere~cjd?4 _ Chns ~~~ l Land Use Planner St1tc ofJdaho ) cc: FilelfC036329.04 Anna Borchers C.mning. Planning Director, City of Meridian County of Ada) On thi~ 7th day of Ocrober the year of 2005 before me, the undersigned, a Notary Public in the fort the State of Idaho, personaUyappeared Chris Hobbs Jdcntiliou to me to the be person who:;;e name is subs(,Tibed to the within instrument, and acknowledged ro me that he executed tht; same. In witness whereof, J have hercll.m:o set my hand and affixed my official seal the dny and year first written above. ~..~,\"~,~~Q~7';;.""o,, ,:0.... :yv ..........0 1r~ ....~ .. ~ .... .. '<P ~ if:! f ~OTAl?r '\ ~~~ ~ ;J: : -.- : z ~ ;. ..... PUBt,\C I i ~ \P,.>. .. ~. 0 .; '\~ -1 ~ ~~'\~~ CU](,J19.IM rll~1 pl'\,Jper[y po~lille UfJi<J~~~~t?!~~~'\\~'\ 4~!(;~ f:71d1UA /J14--J No uy PubJ tC for kdaho Re::;iding at:-1l.Ja1/l/)(~., My commission CXPJTI~s:~O 12552 W. EXECU'J"lVE DRlVE, SUITE p, . IIOIS!:.. JDAI 10 ,Io:j7U - (208) SH7.77(,O . FAX (:We) 887-7781 OCT 07 '05 1 c:; : ~7 Ur.;L 1.11 1.1;:) U.:I:!tfp Pinndcle Engineers) Inc. (208J887-7781 p. 1 PINN 1\ erE Engineers, Inc. 12552 W. Executive Dr. Sutte 8, 80100, ldoho 83713 CITY OF l\liERJOIAN FAX TRANS MITT AL DATE: 7 -Oct-05 .JOB NO.: C036329.04 FROM: Chris ...obbs..... TO: Will B~a:g FIRM: City of Meridian.. City Clerk ADDRESS: FAX NUMBER SENT TO: 888-4218 NUMBER OF PAGES (INCLUDING COVER SHEET): RE: Schwenkfelder Tire Subdivision Variance (V AR-05-202) l2552 W. EXECUTIVE DR. SUJTI~ 13, GOIS!!:, IDAHO 83713 CIVILlSTRUCTU RAL/Pl..ANNINGfSURVEVfNG (>H (208) 887-7760 (208) 887~77811"A..,{ f;OS' i(Y1 pjlt' ~ & ~ 1~ 'Dl4tUa 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208.463.0092 phones: Area Code 208 4 October 2005 William G. Berg Jr., City Clerk City of Meridian 33 East Idaho Ave. Meridian, ill 83642 RE: V AR OS-020/Schwenkfelder Tire Subdivision Dear Will: Nampa & Meridian Irrigation District has no comment on the above referenced application for Variance request for a third time extension to record the final plat for Schwenkfelder Tire Subdivision. Sincerely, ;8.d/p~ Bill Henson Asst. Water Superintendent Nampa & Meridian Irrigation District BH/dbg c: Crew Foreman File - Office/Shop APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS. 23,000 BOISE PROJEG RIGHTS - 40,000 MAYOR Tammy de Weerd CITY COUNCIL MEMBERS Keith Bird Christine Donnell Charles M. Rountree Shaun Wardle CITY DEPARTMENTS Fire 540 E. Franklin Road 888-1234 / fax 895-0390 Parks & Recreation 11 W. Bower Street 388-3579 / fax 898.5501 ~lanning ;60 E. Watertower Lane iuite 202 184-5533 / fax 888-684'1 'olice 401 E. Watertower Lane 88-6678 / 846-7366 'ublic Works 60 E. Watertower Lane uite 200 ;18-5500/ fax 898-9551 Building 660 E. Watertower Lane Suite 150 887-2211 / fax 887-1297 Wastewater 3401 N. Ten Mile Road 888-2191/ fax 884-0744 Water 2235 N.W. 8th Street 888-5242 / fax 884-1159 '\ TRANSMITTALS TO AGENCIES FOR COMMENTS ON .~ DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN /. .. . ~'" To Insure that your comments and recommendations wIll be consIdered by l~OJ the Meridian City Council please submit your comments and recommendations to Meridian City Hall Attn: Will Berg, City Clerk, by: October 11, 2005 Transmittal Date: September 27,2005 File No.: VAR 05-020 Hearing Date: October 18, 2005 Request: Variance request for a third time extension to record the final plat for Schwenkfelder Tire Subdivision By: Pinnacle '~ngineers,lnc. Location of Prop~rty or Project: Meridian Road west of Franklin Road - ~:~:~ ~::(%~~~?~)"1;::i~LEH DbFL- ~:~~::~ ~~:~~~~:~~~~::;) -.- - Wendy Newton-Huckabay (No FP) - Ada County Highway District Michael Rohm (No FP) - Ada County Development SeNices Keith Borup (No FP) - Central District Health -Tammy de Weerd, Mayor Nampa Meridian Img. District - Charlie Rountree, G/C Settlers Irrig. District Christine Donnell, G/C Idaho Power CO. (FP,PP,CUP) Keith Bird, CIC Qwest (FPIPP only) Shaun Wardle, C/G Intermountain Gas (FP/PP only) _ ~er Department Bureau of Reclamation (FP/PP only) ~ewer Department Idaho Transportation Dept. (No FP) Sanitary Services(No VAR, VAC, FP) - Ada County Ass. Land Records - Building Department - Meridian Development Corp. - Fire Department!'liistOrical,~reservatjon .Qqmm. - Police Department - /i;;'" 'i,' i: 11 \/! " , - City Attorney dL..,; -. - City Engineer ZVG3 - City Planner Parks Department i;~-? ~ ~ L\"lCI ~~ ~Ilrf Your Concise Remarks: N&C~ --if: , CITY HALL 33 EAST IDAHO AVENUE MERIDIAN, IDAHO 83642 (208) 888-4433 CITY CLERl, - FAX 888-4218 CITY ATIORNEY ! HR - FAX 884-8723 FINANCE & UTILITY BILUNG - FAX 887-4813 MAYOR'S OFFICE _ FAX 884-8119 Printed on recycled paper October 14, 2005 MERIDIAN CITY COUNCIL MEETING APPLICANT October 18, 2005 ITEM NO. 14 REQUEST Amending Title 10, Chapter 3, Section 7, of the Meridian City Code Regarding the Electrical Code AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: I DAHO POWER: US WEST: INTERMOUNTAIN GAS: MER I DIAN POST OFFICE: OTH ER: COMMENTS See attached Ordinance qO 0';/ II OVff~ Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meetings shall become property of the City of Meridian. CITY OF MERIDIAN ORDINANCE NO. tJ5 - II tf 0 BY THE CITY COUNCIL: BIRD, DONNELL, ROUNTREE, WARDLE AN ORDINANCE AMENDING TITLE 10, CHAPTER 3, SECTION 7, OF THE MERIDIAN CITY CODE REGARDING THE ELECTRICAL CODE; AND PROVIDING FOR A WAIVER OF THE READING RULES; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO: Section 1. That Title 10, Chapter 3, Section 7 of the Meridian City Code is amended to read as follows: 10-3-7: SPECIFICATIONS OF CIRCUIT WIRING: All electrical wiring installed changed or uodated after the effective date of this ordinance in buildings hereinafter ereetea to be used for commercial purposes shall be wired in metal raceway, with the exception of communication and signaling. A) Suspended ceilings luminaire are to be supported by independent support wires from structure to fixture, including wiring boxes for smaller luminaries such as exit signs. Luminaires over one foot square foot shall have two support wires, one on each diagonal corner. B) Bell ringing transformers shall be accessible and not located in attics. C) Residential smoke detectors shall be wired to a general wiring circuit, not a dedicated circuit. The City of Meridian further adopts Title 1, Chapter 10 "Rules Governing Certification and Approval of Electrical Products and Materials." of the State of Idaho, including but not limited to, the right of the City to require independent certification of circuit wiring for approval. All provisions herein are effective on final passage and approval and not retroactive ill work being comoleted under aoermit that was issued orior to the effective date. ELECTRICAL CODE AMENDMENT FOR WIRING- 2005 Page 1 of2 PASSED by the City Council of the City of Meridian, Idaho, this 18~ay of I?c-fn~ ,2005. APPROVED by the Mayor of the City of Meridian, Idaho, this 18-f!;: day of IJ/~Io~ ,2005. APPROVED: ELECTRICAL CODE AMENDMENT FOR WIRING- 2005 Page 2 of2 NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.c. ~ 50-901(A) CITY OF MERIDIAN ORDINANCE NO. 05- /190 PROVIDING FOR AN AMENDMENT MERIDIAN CITY ELECTRICAL CODE ORDINANCE An Ordinance ofthe City of Meridian amending Title 6, Chapter 2, of the Meridian City Code regarding the Building Code and the adoption of the International Building Code with some exceptions. A full text of this ordinance is available for review at City Hall, City of Meridian, 33 East Idaho A venue, Meridian, Idaho. This ordinance shall be in full force and effect after its passage, approval and publication on or ~~~Btd~UffiJ,~t/~:'/~005. ....',' "4. CIf 1,,1,,- "....~ "... /v , STATEMENT OF MERIDIAN CITY ATTORNEY AS TO ADEQUACY OF SUMMARY OF ORDINANCE NO. 05- \ \C\D The undersigned, William L.M. Nary, City Attorney of the City of Meridian, Idaho, hereby certifies that he is the l~al advisor of the City and has reviewed a copy of the attached Ordinance No. 05- \\C\O of the City of Meridian, Idaho, and has found the same to be true and complete and provides adequate notice to the public pursuant to Idaho Code S 50-901A (3). DATED this 25 dayof ~ t ,20~ William. L.M]ry ~ City Attorney SUMMARY-ELECTRICAL CODE AMENDMENT - 2005 Page 1 of 1 October 14, 2005 MERIDIAN CITY COUNCIL MEETING APPLICANT Hawkins Companies AZ 05-024 October 18, 2005 ITEM NO. 15 REQUEST Ordinance - Request for Annexation and Zoning of 5 acres to L-O zone for Seventh Day Adventist Church - 1 735 North Black Cat Road AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLlCE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: See attached Ordinance OtJ/11ql ~ evrf Contacted: Emailed: NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.C. ~ 50-901(A) CITY OF MERIDIAN ORDINANCE NO. 05- ! (q I PROVIDING FOR ANNEXATION AND ZONING ORDINANCE An Ordinance of the City of Meridian granting annexation and zoning for land located in a portion of the Southeast Y4 pfthe Southeast Y4 of Section 4, Township 3 North, Range 1 West, Boise Meridian) Ada County, Idaho) more particularly described in Attachment "A'). This parcel contains 5.00 acres more or less. Also, this parcel is SUBJECT TO all easements and rights-of-way of record or implied. As surveyed in attached exhibit "B" and is not based on an actual field survey. A full text of this ordinance is available for inspection at City Hall, City of Meridian) 33 East Idaho) Meridian, Idaho. This ordinance shall become effective on the _ day of ,2005. City of Meridian Mayor and City Council By: William G. Berg, Jr., City Clerk First Reading: Adopted after first reading by suspension of the Rule as allowed pursuant to Idaho Code 50-902: YES_ NO_ Second Reading: Third Reading: STATEMENT OF MERIDIAN CITY ATTORNEY AS TO ADEQUACY OF SUMMARY OF ORDINANCE NO. 05- The undersigned, William L.M. Nary, City Attorney ofthe City of Meridian, Idaho, hereby certifies that he is the legal advisor of the City and has reviewed a copy of the attached Ordinance No. 05-_ of the City of Meridian, Idaho, and has found the same to be true and complete and provides adequate notice to the public pursuant to Idaho Code ~ 50-901A (3). DATED this _ day of ,2005. William. L.M. Nary City Attorney ORDINANCE SUMMARY - AZ-05-024 SEVENTH DAY ADVENTIST CHU~ October 14, 2005 MERIDIAN CITY COUNCIL MEETING APPLICANT Beckit Development, Inc. AZ 05-030 October 18,2005 ITEM NO. 16 REQU EST Ordinance -- Request for Annexation and Zoning of 5.1 acres to R-8 zone for Windwalker Subdivision - 2770 South Locust Grove Road AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: COMMENTS See attached Ordinance q1/ S /11 & u ~{ Contacted: Emailed: (;J . Date: to)7 65' Phone: 0<1--07 'i<!t; I""' C'r "-( .0 Staff Initials: J.K ~q" Materials presented at public meetings shall become property of the City of Meridian. NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.C. ~ 50-901(A) CITY OF MERIDIAN ORDINANCE NO. 05- / (Q2.,-- PROVIDING FOR ANNEXATION AND ZONING ORDINANCE An Ordinance ofthe City of Meridian granting annexation and zoning for land located in the SW l;.! of Section 29, Township 3 North, Range 1 East, Boise Meridian, Ada County) Idaho, more particularly described in Attaclunent "N). This parcel contains 43.18 acres more or less. Also) this parcel is SUBJECT TO all easements and rights-of-way of record or implied. As surveyed in attached exhibit "B)) and is not based on an actual field survey. A full text of this ordinance is available for inspection at City Hall, City of Meridian, 33 East Idaho Avenue, Meridian, Idaho. This ordinance shall become effective on the --/..fl!!!:.- day of t9~6-t-..- ..~<il@JjI.11I111 ,,,,,\~ Of 11111// ....,:::-'~ ......~... f~ , STATEMENT OF MERIDIAN CITY ATTORNEY AS TO ADEQUACY OF SUMMARY OF ORDINANCE NO. 05- 1192-- The undersigned, William L.M. Nary, City Attorney of the City of Meridian, Idaho, hereby certifies that he is the legal advisor of the City and has reviewed a copy of the attached Ordinance No. 05-~ of the City of Meridian) Idaho, and has found the same to be true and complete and provides adequate notice to the public pursuant to Idaho Code ~ 50-901A (3). . I DATED this 2 day of ~ ,2005. LJj)Q}, 7- J. William. L.M. Nary ~ City Attorney ORDINANCE SUMMARY - AZ-05-007 BELLINGHAM PARK SUBDIVISION Page 1 of I CITY OF MERIDIAN ORDINANCE NO. /Jl S ~ I ( q 2-- BY THE CITY COUNCIL: BIRD, DONNELL, ROUNTREE, WARDLE AN ORDINANCE (AZ-05-030 WINDW ALKER SUBDIVISION) FOR ANNEXA TION OF PROPERTY LOCATED IN THE NW 1;,1 OF THE SW ~ OF SECTION 20, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO AS DESCRIBED IN A TT ACHMENT "AH 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 CLASSIFICA TION OF SAID LANDS FROM RUT (ADA COUNTY) TO R-8 (MEDIUM DENSITY) IN THE MERIDIAN CITY CODE; PROVIDING THAT COPIES OF THIS ORDINANCE SHALL BE FILED WITH THE ADA COUNTY ASSESSOR, THE ADA COUNTY RECORDER, AND THE IDAHO STATE TAX COMMISSION, AS REQUIRED BY LAW; AND PROVIDING FOR A SUMMARY OF THE ORDINANCE; AND PROVIDING FOR A WAIVER OF THE READING RULES; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1. That the following described land as evidenced by attached Legal Description herein incorporated by reference as Exhibit "A" is within the corporate limits ofthe City of Meridian, Idaho, and that the City of Meridian has received a written request for annexation and re-zoning by the owner of said property, to-wit: Brighton Corporation. SECTION 2. That the above-desclibed real propeliy is hereby amlexed and re- zoned from RUT (Ada County) to R-8 (Medium Density) in the Melidian City Code. SECTION 3. That the City has authOlity pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian to annex and zone said property. SECTION 4. That the City has complied with all the noticing requirements pursuant to the laws 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 of the City of Melidian in accordance with this ordinance. ANNEXATION OF AZ-05-030 WINDW ALKER SUBDIVISION Page 1 of3 SECTllON 6. All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. SECTION 7. This ordinance shall be in fhll force and effect from and after its passage, approval and publication, according to law. SECTION 8. The Clerk ofthe City of Meridian shall, within ten (10) days following the effective date ofthis ordinance, duly file a certified copy of this ordinance and a map prepared in a draftsman manner, including the lands herein rezoned, with the following officials of the County of Ada, State ofIdaho, to-wit: the Recorder, Auditor, Treasurer and Assessor and shall also file simultaneously a certified copy of this ordinance and map with the State Tax Commission ofthe State ofIdaho. SECTION 9. That pursuant to the affinnative vote of one-half (112) plus one (l) of the Members of the full Council, the rule requiring two (2) separate readings by title and one (1) reading in full be, and the same is hereby, dispensed with, and accordingly, this Ordinance shall be in full force and effect upon its passage, approval and publication. PASSED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this / Bit: day of Oc+z, ~ , 2005. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this (&-1'.6. day of tpc;.h; ~ ,2005. ~~ MAYOR T de WEERD ANNEXATION OF AZ-05-030 WINDWALKER SUBDIVISION Page 2 of 3 STATE OF IDAHO, ) ) ss. County of Ada ) -If--. f) 1_1_.. On this K day of . CTDy.)J!./L/ , 2005, before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY de WEERD and WILLIAM G. BERG, JR., known to me to be the Mayor and City Clerk, respectively, of the CITY of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. (SEAL) ....1111.. .~b.1tON 4t. ...q,~;OT4i~.. ill " Trlo~. II I ....... '" : : I : ~~\A-__ ,/ i ..~ ~~BLIC../ .1{) .~ OF~ID~~.. ."..e.O (. ~ h all n:J~1/;cfP~ NOTARY PUBLIC FOR IDAHO RESIDING AT: m,e dob/. ,...Jot. MY COMMISSION EXPIRES: ~ f ANNEXATION OF AZ-05-030 WINDW ALKER SUBDIVISION Page 3 of 3 NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.e. S 50-901(A) CITY OF MERIDIAN ORDINANCE NO. 05- / (q~ PROVIDING FOR ANNEXATION AND ZONING ORDINANCE An Ordinance of the City of Melidiall granting mmexation and zoning for land located in the SW y,j of Section 29, Township 3 North, Range I East, Boise Meridiml, Ada County, Idaho, more particularly described in Attaclmlent "A". This parcel contains 43.18 acres more or less. Also, this parcel is SUBJECT TO all easements and rights-of-way of record or implied. As surveyed in attached exhibit "B" and is not based on an actual field survey. A full text of this ordinance is available for inspection at City Hall, City of Meridian, 33 East Idaho Avenue, Meridian, Idaho. This ordinance shall become effective on the ~ day of t!J~6-t-..- ,,~(i).(j)5Utl/11 f""""'" ~ """"', STATEMENT OF MERIDIAN CITY ATTORNEY AS TO ADEQUACY OF SUMMARY OF ORDINANCE NO. 05- 1/9'2--> The undersigned, William L.M. Nary, City Attorney of the City of Meridian, Idaho, hereby celtifies that he is the legal advisor of the City and has reviewed a copy of the attached Ordinance No. 05-~ of the City of Meridian, Idaho, and has found the same to be tlUe and complete and provides adequate notice to the public pursuant to Idaho Code ~ 50-901A (3). DATED this _ day of ,2005. William. L.M. Nary City Attorney ORDINANCE SUMMARY -AZ-05-007 BELLINGHAM PARK SUBDIVISION Page 1 of I October 14, 2005 MERIDIAN CITY COUNCIL MEETING APPLICANT Howard Jenkins AZ 05-039 October 18,2005 ITEM NO. 17 REQUEST Ordinance - Reqeust for annexation and Zoning of 4.99 acres from RUT to R-8 zone for Pisa Place Subdivision - 3893 South Locust Grove Road AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: Materials presented at public meetings shall become property of the City of Meridian. COMMENTS See attached Ordinance 06/11 q"!; cvrr.r/ Date: 16 { l-r Staff Initials: Phone: :l ~ (p -- {"1 '10 ./ ~ f1< '-7L--C NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.c. ~ 50-901(A) CITY OF MERIDIAN ORDINANCE NO. 05- II q3 PROVIDING FOR ANNEXATION AND ZONING ORDINANCE An Ordinance of the City of Meridian granting annexation and zoning for land located in the SE y,; of the NE y,; of Section 30, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, more particularly descIibed in Attachment "A". This parcel contains 5.29 acres more or less. Also, this parcel is SUBJECT TO all easements and Iights-of-way of record or implied. As surveyed in attached exhibit "B" and is not based on an actual field survey. A full text of this ordinance is available for inspection at City Hall, City of Meridian, 33 East Idaho Avenue, Meridian, Idaho. This ordinance shall become effective on the /i1-1.6 day of f}r.?t;~ ,\\\;,2005;"", ,,\\~--( Of ~"'II,. '.........'0... ~~,.,..... ~#/ ~ ! ,/~~^ \. ~ ~ r .v ~ Mayor and City Council OD e ity of Me ~ By: William G. Berg, JT., City Clerk 1 ~ cf. J First Reading: / tJ -;8- ~ S- Ia,. <r1!lt ' ~ibY suspension ofthe Rule as allo~ed pursuant to Idaho Code !f}J:II~~ ~ ", NO_ Second ReadIng: - 11111Hrll 11111\" Third Reading: STATEMENT 'OF MERIDIAN CITY ATTORNEY AS TO ADEQUACY OF SUMMARY OF ORDINANCE NO. 05- \ \l:t3 The undersigned, William L.M. Nary, City Attorney of the City of Meridian, Idaho, hereby certifies that he is the legal advisor ofthe City and has reviewed a copy of the attached Ordinance N o. 05-~ of the City of Meridian, Idaho, and has found the same to be true and complete and provides adequate notice to the public pursuant to Idaho Code S 50-901A (3). DATED this ~Z~y of ().;P-~ ,2005. kiJj !. ORDINANCE SUMMARY - AZ-05-039 PISA PLACE SUBDIVISION Page 1 of 1 October 14, 2005 MERIDIAN CITY COUNCIL MEETING APPLICANT Richard and Susan Breinholt AZ 05-037 October 18. 2005 ITEM NO. 18 REQUEST Ordinance -- Request for Annexation and Zoning of 3.57 acres from R-l to R-8 zones for Breinholt Subdivision - 2580 North Meridian Road AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted:Wk);tf'L-rJ ;f ~~Jpate: (O/;7/DS- Phone: ~2r~-- 5& /2{ j /J_ Emailed: Staff Initials: J.R "-" r \ COMMENTS See attached Ordinance tJ / //qtY o MrvY Materials presented at public meetings shall become property of the City of Meridian. NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.e. ~ 50-901(A) CITY OF MERIDIAN ORDINANCE NO. 05- II q 4- PROVIDING FOR ANNEXATION AND ZONING ORDINANCE An Ordinance of the City of Meridian granting annexation and zoning for land located in the SW !4 of the NW!4 of Section 6, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, more particularly described in Attaclunent "A". This parcel contains 3.57 acres more or less. Also, this parcel is SUBJECT TO all easements and rights-of-way of record or implied. As surveyed in attached exhibit "B" and is not based on an actual field survey. A full text ofthis ordinance is available for inspection at City Hall, City of Meridian, 33 East Idaho Avenue, Meridian, Idaho. This ordinance shall become effective on the / ~~ day of 1)uhJ; ~ ?39R?ri." ~ \\\\ ~'I/I \" '><{ Of Iltl ~ ....................~. I".r~ r.,.-~ ... ~.... V "'ih 'S ft,VL- ..... <'0 -::. Mayor and City Council of e City of}fer' ian ~ By: William G. Berg, Jr., City Clerk ~ :: First Reading: 10-18 - () 5" A& Rule as allowed pursuant to Idaho Code 5'Q; Second Reading: - /lllltl', '",""" Third Reading: 1/,,,, ",pI STATEMENT OF MERIDIAN CITY ATTORNEY AS TO ADEQUACY OF SUMMARY OF ORDINANCE NO. 05- \ l404 The undersigned, William L.M. Nary, City Attorney of the City of Meridian, Idaho, hereby celiifies that he is the legal advisor of the City and has reviewed a copy of the attached Ordinance No. 05-~ of the City of Meridian, Idaho, and has found the same to be true and complete and provides adequate notice to the public pursuant to Idaho Code S 50-90lA (3). , ~ I DATED this 2t: day of O~ ,2005. w~J..~~ City Attorney ORDINANCE SUMMARY - AZ-05-037 BREINHOL T SUBDIVISION Page 1 of 1 October 14, 2005 MERIDIAN CITY COUNCIL MEETING APPLICANT Centennial Development. LLC AZ 05-041 October 18, 2005 ITEM NO. 19 REQUEST Ordinance - Request for Annexation and Zoning of 10.15 acres from RUT to R-8 zones for Woodburn Subdivision - 840 West Ustick Road AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted:~;j~ Date:}O//7/0s' Phone: 1"3CJ-38(;;L Emailed: 5ha:(.uc\ @ (G:.nkcn5u...(~+s,COfl"t Staff Initials: J.R COMMENTS See attached Ordinance C;" {lq0 o vV ~ Materials presented at public meetings shall become property of the City of Meridian. NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.C. ~ 50-901(A) CITY OF MERIDIAN ORDINANCE NO. 05- (( 1S- PROVIDING FOR ANNEXATION AND ZONING ORDINANCE An Ordinance of the City of Meridian granting annexation and zoning for land located in the SE ~ of the SW ~ of Section 36, Township 4 North, Range 1 West, Boise Meridian, Ada County, Idaho, more particularly described in Attachment "A". This parcel contains 10.15 acres more or less. Also, this parcel is SUBJECT TO all easements and rights-of-way ofrecord or implied. As surveyed in attached exhibit "B" and is not based on an actual field survey. A full text ofthis ordinance is available for inspection at City Hall, City of Meridian, 33 East Idaho Avenue, Meridian, Idaho. This ordinance shall become effective on the --/-f}.!!;=-day of Ol':h bt-- ,2005. MA~p.~,~ "d" ayor an 1 y ouncl o. t e Ity 0 en Ian By: William G. Berg, Jr., City Clerk First Reading: / I? -I g - tl S- Adopted after first reading by suspension of the Rule as allowed pursuant to Idaho Code 50-902: YES-x'- NO_ Second Reading: Third Reading: STATEMENT OF MERIDIAN CITY ATTORNEY AS TO ADEQUACY OF SUMMARY OF ORDINANCE NO. 05- \ \C\S The undersigned, William L.M. Nary, City Attorney of the City of Meridian, Idaho, hereby certifies that he is the legal advisor ofthe City and has reviewed a copy of the attached Ordinance No. 05-~ ofthe City of Meridian, Idaho, and has found the same to be true and complete and provides adequate notice to the public pursuant to Idaho Code {} 50-901A (3). DATED this 25 day of tJcJv~ ,2005. rJ%[, ORDINANCE SUMMARY - AZ-05-041 WOODBURN SUBDIVISION Page 1 of 1 ADA COUNTY RECORDER( ~..WID NAVARRO BOISE IDAHO 10/31/05 02:31 PM DEPUTY Palli Thompson RECORDED -REQUEST OF Meridian City AMOUNT .00 111111111I1111111/1111111111111111111 1 [1516*Z16'3 CITY OF MERIDIAN RESOLUTION NO. () 5"- -f q ( BY THE CITY COUNCIL: BIRD, DONNELL, ROUNTREE, WARDLE A RESOLUTION VACATING A PORTION OF THE IRRIGATION EASEMENT LOCATED IN LOT 2, BLOCK 1 OF BONITO SUBDIVISION NO.4, LYING IN THE E ~ OF SECTION 20, TOWNSHIP 3 NORTH, RANGE 1 EAST, CITY OF MERIDIAN, ADA COUNTY, STATE OF IDAHO; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on October 11,2005, the City Council of the City of Meridian, held a hearing on the vacation of a portion of the irrigation easement located in Lot 2, Block 1 of Bonito Subdivision, lying in the E Y2 of Section 20, Township 3 North, Range 1 East, City of Meridian, Ada County, State of Idaho, and WHEREAS, after such hearing, the City Council, by formal motion, did approve said described vacation; and NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN CITY, IDAHO: Section 1. That a portion of the irrigation easement located in Lot 2, Block 1 of Bonito Subdivision, lying in the E Y2 of Section 20, Township 3 North, Range 1 East, City of Meridian, Ada County, State ofIdaho is hereby vacated. Copies ofthe necessary relinquishments are attached as Exhibit "A". Section 2. That this Resolution shall be in full force and effect immediately upon its adoption and approval. VACATION OF IRRIGA nON EASEMENT IN BONITO SUBDIVISION Page I of 2 PASSED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this I/ift. day of t9c.h ~ , 2005. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this (8 ~ day of Oc..# 6 e.-t- , 2005. STATE OF IDAHO, ) ) ss County of Ada ) On this ~ day of ()C':trhry ,2005, before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY de WEERD and WILLIAM G. BERG, JR., known to me to be the Mayor and City Clerk, respectively, of the CITY of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. ...~;:~~~~... (SE~~!:/~Al?~'t ... :f.i/~O \ ~ : { i : ~ .. l e Q.. \" . ,.,\j./1b0:" ..~'~\~~ ~U111 pl.. j<1J\ 01 h\ dlA 0 f f\A. ) NOTARY PUBLIC FOR IDAHO RESIDING AT: CCi.1liuJft \ \0 MY COMMISSION EXPIRES: ~ V ACA nON OF IRRIGA nON EASEMENT IN BONITO SUBDIVISION Page 2 of 2 Exhibit "A" f-.-- ftROPo5m ~ ~ 'PCAllOH f'ROI"O$tI) NEW llWa:IinOft ~ 1.DT' 2. 1l~W'~ $U~ E 1/2 SEcTION 20, towNsIill" ) HORnI, ~E , ~l. b.I,\'. ~ CItY OF ).4E1lIOWl, i<lJA COUf'ltY /OAHO ~,~~ , _l CITY OF MERIDIAN ORDINANCE NO. tJ 5 -I / & g BY THE CITY COUNCIL: BIRD, DONNELL, ROUNTREE, WARDLE AN ORDINANCE ENACTING A NEW MERIDIAN CITY CODE TITLE 6, CHAPTER 3, SECTION 11 TO SET LIMITS ON THE OVER-THE-COUNTER DISTRIBUTION OF CERTAIN PSEUDOEPHEDRINE PRODUCTS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, methamphetamine is an illegal drug that is produced using legal substances such as pseudoephedrine, which is contained in certain over-the-counter medicines sold in retail outlets; and, WHEREAS, methamphetamine is produced and distributed in our communities with negative social effects, including hann to children, families, increasing crime and property damage; and, WHEREAS, the production of methamphetamine in illegal labs can cause significant health and safety risks such as the danger of fire, explosion, and environmental hazards from production byproducts; and, WHEREAS, the legislature of the State of Idaho has not enacted any laws to control pseudoephedrine products that have been prepared for dispensing or over-the- counter distribution; and, WHEREAS, the City Council of the City of Meridian deems it to be in the best interest ofthe health, safety and welfare of its citizens to regulate the over-the-counter distribution of certain pseudoephedrine products within the City of Meridian. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO: Section 1: THAT A NEW SECTION, TITLE 6, CHAPTER 3, SECTION 11 IS HEREBY ADDED TO THE MERIDIAN CITY CODE AS FOLLOWS: 6-3-11 Over-the-Counter Pseudoephedrine Rel!ulations A. Definitions. The following definitions shall apply in the following section: 1. "Locally Regulated Pseudoephedrine Products" a. A drug or product containing as its sole active ingredient pseudoephedrine, or any of its salts, optical isomers, or salts of optical isomers; or DISTRIBUTION OF PSEUDOEPHEDRINE Page 1 of3 b. A combination dmg or product containing as one of its active ingredients pseudoephedrine, or any of its salts, optical isomers, or salts of optical isomers. c. This tenn includes only compounds, mixtures, or preparations that are in tablet fonn containing more than 20mg of pseudoephedrine, or any of its salts, optical isomers, or salts of optical isomers. d. This tenn does not include any compounds, mixtures, or preparations that are in gel capsule, liquid capsule, or liquid fonn. 2. "Over-the-counter distribution" means a retail sale of a drug or product but does not include the sale of a drug or product pursuant to the tenns of a valid prescription. 3. "Retailer" means any person, corporation, partnership or other business entity conducting business within Meridian city limits who sells or furnishes any over-the-counter drug product containing pseudoephedrine to any person who is the ultimate user or consumer of the product. B. Prohibited Acts. 1. It shall be unlawful for any retailer or employee thereof to knowingly to sell, transfer, or to otherwise furnish in a single transaction: a. More than three packages of any locally regulated pseudoephedline product prepared for over-the-counter distribution. b. A locally regulated pseudoephedrine product prepared for over- the-counter distribution to a person under the age of 18 years. 2. The limits established in this section shall not apply to any quantity of pseudoephedrine product dispensed pursuant to a valid prescription. C. Accessibilitv ofPseudoeohedrine Products. A retailer that offers for sale locally regulated pseudoephedrine products prepared for over-the-counter distribution shall ensure that all packages of the drugs are displayed and offered for sale only through vendor assisted DISTRIBUTION OF PSEUDOEPHEDRINE Page 2 of3 sales where the customer has no access to the product except through the assistance of an employee of the retailer, as follows: 1. All locally regulated pseudoephed11ne products shall be stocked in a locked display case or behind a checkout or customer service counter where the public is not permitted; and 2. All sales oflocally regulated pseudoephedrine products shall be conducted through an employee ofthe retailer and cannot be conducted by a self-service checkout system unless the self-service checkout system contains a requirement that an employee ofthe retailer verify the age of the purchaser and the quantity ofthe purchase before the transaction can be completed. Section 2: PENALITY It shall be unlawful and punishable as a misdemeanor to violate any of the provisions of this Chapter. Section 3: SEVERABILITY If any provision or section of this Ordinance shall be held to be invalid by a court of competent jurisdiction, then such provision or section shall be considered separately and apart from the remaining provisions or sections of this Ordinance, which shall remain in full force and effect. Section 4: EFFECTIVE DATE This Ordinance shall be in full force and effect on the 1st day of December, 2005, after its passage, approval, and publication. PASSED by the City Council of the City of Meridian, Idaho, this 18-1'f::.dayof tJuIv ~ ,2005. APPROVED by the Mayor of the City of Meridian, Idaho, this /8/'!;. day of t? c 'Iv b.€/i-- , 2005. Page 3 of3 - -- =':0 -= ~~~ ~7 ~ ~ ::; ~ ~ - o ~;: lillt CITY OF MERIDIAN ORDINANCE NO. C!: -/ (9/ BY THE CITY COUNCIL: BIRD, DONNELL, ROUNTREE, WARDLE AN ORDINANCE (AZ-024 SEVENTH DAY ADVENTISTS CHURCH) FOR ANNEXATION OF PROPERTY LOCATED IN A PORTION OF THE SE ~ OF THE SE ~ OF SECTION 4, TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN, ADA COUNTY, IDAHO AS DESCRIBED IN ATTACHMENT "A" AND ANNEXING CERTAIN LANDS AND TERRITORY, SITUATED IN ADA COUNTY, IDAHO, AND ADJACENT AND CONTIGUOUS TO THE CORPORATE LIMITS OF THE CITY OF MERIDIAN AS REQUESTED BY THE CITY OF MERIDIAN; ESTABLISHING AND DETERMINING THE LAND USE ZONING CLASSIFICATION OF SAID LANDS FROM RUT (ADA COUNTY) TO 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 ofthe City of Meridian, Idaho, and that the City of Meridian has received a written request for almexation and re-zoning by the owner of said property, to-wit HA WKINS COMPANIES. SECTION 2. That the above-described real property is hereby annexed and re- zoned from RUT (Ada County) to L-O (Limited Office District) in the Meridian City Code. SECTION 3. That the City has authority pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian to annex and zone said property. SECTION 4. That the City has complied with all the noticing requirements pursuant to the laws of the State ofIdaho, and the Ordinances ofthe City of Meridiall to annex and re-zone said property. ANNEXATION OF AZ-OS-023 SEVENTH DAY ADVENTIST CHURCH Page 1 of3 SECTION 5. That the City Engineer is hereby directed to alter all use and area maps as well as the official zoning maps, and all official maps depicting the boundaries and the zoning distlicts of the City of Meridian in accordance with this ordinance. SECTION 6. All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. SECTION 7. This ordinance shall be in full force and effect fi.-om 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 of the State of Idaho. SECTION 9. That pursuant to the affirmative vote of one-half (1/2) plus one (1) of the Members ofthe full Council, the rule requiring two (2) separate readings by title and one (1) reading in full be, and the same is hereby, dispensed with, and accordingly, this Ordinance shall be in full force and effect upon its passage, approval and publication. PASSED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this /8 -/f!. day of 0 ufo ~ , 2005. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this I g1J:.. day of &cIv M-v , 2005. ~ ANNEXATION OF AZ-05-023 SEVENTH DAY ADVENTIST CHURCH Page 2 of3 \1\\ \ \ \ 11111111f11111111 ....',\\ ~ ' f;I ;//// ATTEST: i,""(f)-.,. ""'I..", '\. JI~~A-6;'~( ~ .':) WILLIAM G. BERG, JR., CITY CLE~Jfb ~r i8\ ' '\ .;f} ~?/~~ Cbuwr< ,~~....",,, II'ffl1/1n n1\\\I\\\ STATE OF IDAHO, ) ) ss. County of Ada ) On this ~ day of Dr-inbo- , 2005, before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY de WEERD and WILLIAM G. BERG, JR., known to me to be the Mayor and City Clerk, respectively, of the CITY of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. (SEA~..lIlUIlt.. ...~~~..:.~Q.z..... 00 ~/~OT~~~~. ; ;' -A\~\ ~ \1 ) : -~\A,"-- ,/ l .~ij;~~J.Ji~~9... ...III~JP~". j~ NOTARY PUBLIC FOR IDAHO RESIDING AT: rO \r\UX'1 \ \0 MY COMMISSION EXPIRES: J.Q:l1:1L ANNEXATION OF AZ-05-023 SEVENTH DAY ADVENTIST CHURCH Page 3 of3 ~ ;;0 ~I~ ~ ~ I ~ ~ ~ ~ ~ e;;~~ i~ill Iii '" ~ ~ ffi ~c ~ril~~ i~;i 3 ~ Gl$0 ~,~~~~ ~~~a9~w ~OOZ 9 n J..'l/W ~8 --t. ~~qadd'i M1'J'3~ .................................. n...~~: ~l.L~.......h.....h.......... ........................... d ~:::-_:::--------~~~_~&~L______.~~::=.:~:..._{...~ ID i I ;l~ : I ~I ! I~! j ! ~I ! i ! b ~ ~ ...., '3: ~ ~ I ! 4 j i i I i i i ! I t----u---71:~litT:oi.Ii:OON-------------l ij!;1:i ~~ ~I L1- o lIJ.::t" f::1: ; ~:~ ~ ~ :i~ t: ~ O~9 ~ 8~:i~~ ~ bf~~~ z tiJ w..;C,,) ~ ~ ~z~ O::~l.J..g~ ~~td ~ ~U) o 0... .q;: ~ Seventh Day Adventist Church Annexation AZ-05-024 Legal Description I IDAHO SURVEY GROUP '--4511 E:urWut:n:cwll( 5t.. Suite 150 Merl4lon, 1<1>:." aJH2 Ph,,". (1.08i 1l#4$7U Fax (208) Bll1-53'~ Project No. 05-021 DESCRIPTION FOR STAFFORD PROPERTY February 7, 2005 A tract of land in the Southeast Quarter of the Southeast Quarter of Sectlon 4. T.3N., R.1W" 8.M" Ada County, Idaho more particulariy described a~ follows: as.GINNING at a point on the section fine which bears North 00"17'10" East, 653.28 feet from the section corner common to Sections 3,4,9 and 10, T.3N., R.1W., 8.M., Ada County, Idaho; lhence North 00"17'10" East along the section line, 411,34 faello a point; thence North 89039'20. West, 529.54 feet to a steel pin: thence South OO~17'1 O' West, 411.3410 a steel pin; thence South 89039'20" East, 529.54 feet 10 the POINT OF BEGINNING, containing 5.00 acres, more or less. ~J- 1<"'- I 1) ~ '!\llll, M'~~~~~~ ~~llfK: S,~SG P""oc:IlI'H~Io,;, ClIlI05-llC3)\l)oa1mltoIlllD!;SC.do<: iiiiii === =U) g ~ ~ ~ g; ~ i - o ~~ !i!i~ 8~~~~ ~~!H~~~~ CITY OF MERIDIAN ORDINANCE NO. tJ ~ -- 1(14- BY THE CITY COUNCIL: BIRD, DONNELL, ROUNTREE, WARDLE AN ORDINANCE (AZ-05-037 BREINHOLT SUBDIVISION) FOR ANNEXATION OF PROPERTY LOCATED IN THE SW Y-i OF THE NW Y-i 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 Rl (ADA COUNTY) TO R-8 (MEDIUM DENSITY) IN THE MERIDIAN CITY CODE; PROVIDING THAT COPIES OF THIS ORDINANCE SHALL BE FILED WITH THE ADA COUNTY ASSESSOR, THE ADA COUNTY RECORDER, AND THE IDAHO STATE TAX COMMISSION, AS REQUIRED BY LAW; AND PROVIDING FOR A SUMMARY OF THE ORDINANCE; AND PROVIDING FOR A WAIVER OF THE READING RULES; AND PROVIDING AN EFFECTIVE DATE. 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 alUlexation and fe-zoning by the owner of said property, to-wit: Richard and Susan Breinholt. SECTION 2. That the above-described real property is hereby annexed and re- zoned from Rl (Ada County) to R-8 (Medium Density) in the Meridian City Code. SECTION 3. That the City has authority pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian to alUlex and zone said property. SECTION 4. That the City has complied with all the noticing requirements pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian to annex and re-zone said property. SECTION 5. That the City Engineer is hereby directed to alter all use and area maps as well as the official zoning maps, and all official maps depicting the boundaries and theizoning districts ofthe City of Meridian in accordance with this ordinance. ANNEXATION OF AZ-05-0037 BREINHOL T SUBDIVISION 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 ofthis ordinance and a map prepared in a draftsman manner, including the lands herein rezoned, with the following officials of the County of Ada, State ofIdaho, to-wit: the Recorder, Auditor, Treasurer and Assessor and shall also file simultaneously a certified copy of this ordinance and map with the State Tax Commission of the State ofldaho. SECTION 9. That pursuant to the affirmative vote of one-half (1/2) plus one (1) of the Members of the full Council, the rule requiring two (2) separate readings by title and one (1) reading in full be, and the same is hereby, dispensed with, and accordingly, this Ordinance shall be in full force and effect upon its passage, approval and publication. PASSED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this /81!:. day of t9 v/'1J16..&-1.-- , 2005. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this IS-/?;:: day of tflC;/v 6b?- ,2005. ATTEST: A-~4- ANNEXATION OF AZ-05-0037 BREINHOLT SUBDIVISION Page 2 of 3 STATE OF IDAHO, ) ) ss. County of Ada ) On this ~ day of ~ , 2005, before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY de WEERD and WILLIAM G. BERG, JR., known to me to be the Mayor and City Clerk, respectively, of the CITY of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. ..0.DOlil. ....~....~~-~. (;.. (SEAl?j 1~'~ 0 T ~"~.. : ,/ ~~\~~ III : : . k\ .: ; .~\~ ,;.. .7' '.. ..:~>',-J9-,;~ ... liIl~li'.lPA~~. , 1u lltYl-l1/\ 0 0 rvu NOTARY PUBLIC FOR IDAHO RESIDING AT: {\o)r\ I ,V'\ I.. lD MY COMMISSION EXPIRES: ~ ANNEXATION OF AZ-05-0037 BREINHOL T SUBDIVISION Page 3 of3 LEGAL DESCRIPTION FOR BREINHOL T SUBDIVISION A parcel ofland located in the Southwest 1/4 of the Northwest 1/4 of Section 6, Township 3 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho and more particularly described as follows: Basis of Bearing is taken as the West line of said Northwest 1/4 of Section 6, Township 3 North, Range 1 West. Boise Meridian derived from found monuments and taken as North 00016' 37" East Commencing at an aluminum cap monument marking the Northwest comer of said Northwest 1/4, thence along the West line of said Northwest 1/4 South 00016'37" West a distance of 1915.78 feet to a 5/8 inch rebar marking the POINT OF BEGINNING; Thence leaving said West line South 89043 '23" East a distance of76.38 feet to a point; Thence South 88014'26" East a distance of 812.47 feet to a point; Thence South 67019' 43" East a distance of 181.65 feet to a point; Thence South 00009'50" West a distance of 72.74 feet to a 5/8 inch rebar; Thence North 89050'00" West a distance of 1056.67 feet to a 5/8 inch rebar and from which an aluminum cap monument marking the Southwest corner of said Northwest 1/4 bears South 00016'37" West a distance of 577.50 feet; Thence along said West line North 00016'37" East a distance of 165.00 feet to the POINT OF BEGINNING. Said parcel contains 155,379 square feet or 3.57 acres more or less and is subject to all existing easements and rights-of-ways of record or implied. END OF DESCRIPTION. Craig R. McCullough P.L.S. 690 I Timberline Surveying 35 [4th Ave. South Nampa, Idaho 83651 RE\Jla.N ~~~}~ ' B'f~. 1GGf:; \IiSr.\O\j>.~ 6~~~~C . v.JOR',<," ent ~y: LEAVITT ~ ASSOCIATES ENGINEERS; 2084639040; J ul-15 - 05 11: 22AM; ~ ~~ o z it; [~~~ ,BC9L6L 0-. . .tJ.'U 3..0g,60.QON .11 ~~~ I (/~ I I I .1 ~ ~ ~ ~ ~ I Page 2/2 .Ll.oHNffi)iH Qll\fH.:ml ~ OHV(I.l'N.Vl<l.DJ.3Yi NOISIAlOanS ~lOHNIDlR z o u; :> c CO t: ~ g ~ 13; ~ ~ z jjj a:: m I I I. rii I~ II~ ~ I~ I(IJ ~ ffi ~ ~~ I ~ i fiB"'" ~..,.~- ,OO"'iSJ L . OS'LLS - frl3 M .L~,9L.oo s . ~ en < OYOY NVIQrniW "N .Rl""SQ9Z - 3..Lt,9 L.oON ':1t1J [ <( >- Iilfii () ~b: ::)UJ 0..0 Zli') ~~~ iiiiiiiii CITY OF MERIDIAN ORDINANCE NO. IJ 5' - ! 193 =v ~ ~ ~ ~ ~ ~ i - c ~~ :~ U- IU!~ !~~i~ ~~~~~ BY THE CITY COUNCIL: BIRD, DONNELL, ROUNTREE, WARDLE AN ORDINANCE (AZ-05-039 PISA PLACE SUBDIVISION) FOR ANNEXATION OF PROPERTY LOCATED IN THE SE ~ OF THE NE ~ OF SECTION 30, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO AS DESCRIBED IN ATTACHMENT "A" AND ANNEXING CERTAIN LANDS AND TERRITORY, SITUATED IN ADA COUNTY, IDAHO, AND ADJACENT AND CONTIGUOUS TO THE CORPORATE LIMITS OF THE CITY OF MERIDIAN AS REQUESTED BY THE CITY OF MERIDIAN; ESTABLISHING AND DETERMINING THE LAND USE ZONING CLASSIFICATION OF SAID LANDS FROM RUT (ADA COUNTY) TO R-8 (MEDIUM DENSITY) IN THE MERIDIAN CITY CODE; PROVIDING THAT COPIES OF THIS ORDINANCE SHALL BE FILED WITH THE ADA COUNTY ASSESSOR, THE ADA COUNTY RECORDER, AND THE IDAHO ST ATE 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 "An is within the corporate limits of the City of Meridian, Idaho, and that the City of Meridian has received a written request fOf mmexation and fe-zoning by the owner of said property, to-wit: Howard Jenkins. SECTION 2. That the above-desclibed real property is hereby annexed and re- zoned from RUT (Ada County) to R-8 (Medium Density) in the Meridian City Code. SECTION 3. That the City has authority pursuant to the laws of the 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 of the 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 of the City of Meridian in accordance with this ordinance. ANNEXATION OF AZ-05-039 PISA PLACE SUBDIVISION Page 1 of3 SECTION 6. All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and ammlIed. 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 ofthis ordinance, duly file a certified copy ofthis ordinance and a map prepared in a draftsman manner, including the lands herein rezoned, with the following officials of the County of Ada, State of Idaho, to-wit: the Recorder, Auditor, Treasurer and Assessor and shall also file simultaneously a certified copy of this ordinance and map with the State Tax Commission of the State of Idaho. SECTION 9. That pursuant to the affirmative vote of one-half (112) plus one (1) of the Members of the full Council, the rule requiring two (2) separate readings by title and one (l) 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 Ig~ day of tJc::/tJ~ ,2005. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this I gf! day of c:;~ ~ .2005. ~ JdL:4 ATTEST: ANNEXATION OF AZ-05-039 PISA PLACE SUBDIVISION Page 2 of3 STATE OF IDAHO, ) ) ss. County of Ada ) On this i1f' day of ()eJ-bber ,2005, before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY de WEERD and WILLIAM G. BERG, JR., known to me to be the Mayor and City Clerk, respectively, ofthe CITY of Me lid ian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. ...~~Q~~... (SEAL) .~~c;rtAllJ..'t .0. :f..I!~ \ : : \ J : \. \" ~~/~:" ..~~,~; '\\2~ (I'".i4jU1.91.... ~QO~ NOTARY PUBLIC FOR IDAHO RESIDING AT: rl1 \d \ DC.} I } D MY COMMISSION EXPIRES! lO::.ll:1L ANNEXATION OF AZ-05-039 PISA PLACE SUBDIVISION Page 3 of3 ( CITY OF MElUDIAN PLANNI~G AND ZONING DEP ARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884.5533 C. Legal Description DESCRIPTION FOR ANNEXATION PROPOSED PISA PLACE SUBDIVISION June 20, 2005 A PARCEL OF LAND BEING A PORTION OF THE SE 1/4 OF THE NE 1/4 OF SECTION 30, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO, MORE PARTICULARLY DESCRIBED AS FOLLOWS; COMMENCING AT THE SOUTHEAST CORNER OF THE NI: 1/4 (E 1/4 CORNER) OF ~~g;~~~N~ ~:~HI~'1~N~~T~~R~~~~Ftr~:,g~UNTY, IDAHO, THE REAL POINT OF THENCE S 89"43'55" W 604.07 FEET ALONG THE SOUTH LINE OF SAID NE 1/4 TO A POINT; . THENCE N 00.15'58" E 381.14 FEeT TO A POINT; THENCE N 89"42'09~ E 603.89 FEET TO A POINT ON THE EAST LINE OF SAID NE 1/4; ~i~~NCN~~GO~.;~~~~ ~~~~~~~~TD~~g~~~I~~.EAST LINE TO THE REAL POINT OF SAID PARCEL CONTAINING 5.29 ACRE:S MORE OR LESS fi~O~~~D'- o ~. \ WAYNEK,8ARBER ~~ ~ ~\ P.L.S.8444 \~ 1M 'J f ")-$ OF \.%/<- / . 'fl-;..:.:....._._ 9>"O~/ ......-:~~/ fl.E.IJ.jWJJ9pl)0'1AL."2--- I B'(~ M~bOd~~ :;~~i.IC C-l 1- - - ----,-;;,,,,,,. .",;r- - - I I.. I~ I~ - - ~ - - -----'-!"~. ~"'!':....- - J ~ PISA PLACE SUBDIVISION ANNEKA.TION EXHIBIT : I I, : : r B~Z~~~....'. 1 6 2005 ,/ CITY OF MERIDIAN ORDINANCE NO. tJ~- /Itf~ - =\0 ~ ~ ~ ~ ~ ~ ~ :i - c ~~ ilii ~!~~I ~~~~~ BY THE CITY COUNCIL: BIRD, DONNELL, ROUNTREE, WARDLE AN ORDINANCE (AZ-05-041 WOODBURN SUBDIVISION) FOR ANNEXATION OF PROPERTY LOCATED IN THE SE ){ OF THE SW ~ OF SECTION 36, TOWNSHIP 4 NORTH, RANGE 1 WEST, BOISE MERIDIAN, ADA COUNTY, IDAHO AS DESCRIBED IN A TT ACHMENT '~A" AND ANNEXING CERTAIN LANDS AND TERRITORY, SITUATED IN ADA COUNTY, IDAHO, AND ADJACENT AND CONTIGUOUS TO THE CORPORATE LIMITS OF THE CITY OF MERIDIAN AS REQUESTED BY THE CITY OF MERIDIAN; ESTABLISHING AND DETERMINING THE LAND USE ZONING CLASSIFICATION OF SAID LANDS FROM RUT (ADA COUNTY) TO R-8 (MEDIUM DENSITY) 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 ofthe City of Meridian, Idaho, and that the City of Melidian has received a written request for annexation and re-zoning by the owner of said property, to-wit: Oscar Paulson. SECTION 2. That the above-described real property is hereby annexed and re- zoned from RUT (Ada County) to R-8 (Medium Density) in the Meridian City Code. SECTION 3. That the City has authority pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian to annex and zone said property. SECTION 4. That the City has complied with all the noticing requirements pursuant to the laws ofthe State ofIdaho, and the Ordinances of the City of Melidian 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 distlicts ofthe City of Meridian in accordance with this ordinance. ANNEXATION OF AZ-05-041 WOODBURN SUBDIVISION Page 1 of 3 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 ofthis ordinance, duly file a certified copy of this ordinance and a map prepared in a draftsman maImer, including the lands herein rezoned, with the following officials of the County of Ada, State ofIdaho, to-wit: the Recorder, Auditor, Treasurer and Assessor and shall also file simultaneously a certified copy of this ordinance and map with the State Tax Commission ofthe State ofIdaho. SECTION 9. That pursuant to the affirmative vote of one-half (112) plus one (1) of the Members of the full Council, the rule requiling two (2) separate readings by title and one (1) reading in full be, and the SaIne 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 /f3.ft day of tJcfc;~ ,2005. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this I g-l!!- day of C)~ ~ ,2005. ~~<<~~ MAY AMMY de WEERD ATTEST: ~~P-- ANNEXATION OF AZ-05-041 WOODBURN SUBDIVISION Page 2 of 3 STATE OF IDAHO, ) ) ss. County of Ada ) On this ~ day of Dc. tob~ , 2005, before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY de WEERD and WILLIAM G. BERG, JR., known to me to be the Mayor and City Clerk, respectively, of the CITY of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the SaIne. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. .o~;:M~lio.. (SEAL) ..~::~OT4.~1;f;;.. ! ,/ A\~~ : ! : : ~'II \\ ,/ "l ~~JJdh~.. · OO~W.. ~~ NOTARY PUBLIC FOR IDAHO RESIDING AT: Ca.\o.weJ l \D MY COMMISSION EXPIRES: JO:L1:lL ANNEXATION OF AZ-05-041 WOODBURN SUBDIVISION Page 3 of3 IDAHO SURVEY GROUP 1450 East Watertower Sr. Suite 150 l"Ieridian, Idaho 83642 Phone (208) 846-8570 Fax (208) 884-5399 Project No. 05-149 June 16, 2005 Woodburn Subdivision RUT to R-8 A parcet ofland located in the SE 1/4 of the SW 1/4 o[Section 36, T.4N., R.IW., B.M., Ada County, Idaho, more patticu1arly described as follows: Commencing at the South 1/4 corner of said Section 36, from which the Southwest corner of said section bears North 88042'55" West, 2662.17 feet; Thence along the North-South mid-section line, common to the West line of Cedar Springs Subdivision No.3, as same is recorded in Book 88 of Plats at Page 10,198, Ada County records, North 00021'41" East, 1328.98 feet to the C-S 1/16 corner and the REAL POINT OF BEGINNING. 111encc along said West line of Cedar Splings Subdivision No.3 South 00027'41" West, 664.49 feet; Thence departing said line North 88047'2]" West, 665.95 feet.; Thence North 00023 '27" East, 662.78 fect; Thence South 88056'] 4" East, and along the South line of Sienna Creek Subdivision No.1, as same is rec6rded ill Book 92 of Plats at Page 10,905, Ada County records, a distance of 666.74 feet to the Point of Beginning. Containing 10.15 acres, more or Less. M~~~~~ ~~~!r.\C :f;t A!!!~ ~ 9 'lOO~ Professional Land Surveyors .. t . . . o. 01!llfuITd i ft ~ ~ "~ ~! ;~U!~!~p! B*~h ~ ~ i i f ~ i K g i ~ ~ ~ ~ ~ i I i ~: "I) :i\-' (1)0- ::n\.l 0..0 'Z(J') 4.~ 9~ ;TIs ~ 1'1.. il .. i I!J ~ z 1 ~ 26 ~ hi Z ~ &5 ~!~ 0 0 \)~ ilK ~ ~ ~ (11 ~~ z ~ ~t ~ ~ Om~'"'"'~" i'{ ~ \ ~ ~~~:: ~~.:i :I~ ~~i ~ ** TX CGNF! RMATI ON REPORT ** AS OF OCT 19 '05 13:34 PAGE. 01 CITY OF MERID!I=lN DmE TI ME TO/FROM 05 10/19 13:33 IDAHO ATHLETIC C MODE M! N/SEC PGS CMDj:j STATUS EC --5 01' 04" 003 214 OK -....--------.....-....----....------.....--....------....---------....-------....----.....--------...-.....-----.........-------....--------.....-- CITY OF MERIDIAN CITY COUNCil REGULAR MEETING AGENDA Tuesday, October 18, 2005 at 7:00 p.m. City Council Chambers 33 East Idaho Avenue, Meridian, Idaho 1. RolI~call Attendance: X Shaun Wardle )( Christine Donnell ~ Charlie Rountree --X- Keith Bird -K- Mayor Tammy de Weerd 2. Pledge of Allegiance: ~Py rt:Q~ WiYp 4-G I 3. Community Invocation by Pastor Steve Moore, with Cherry lane Christian Church: v 4. Adoption of the Agenda: a-~~ 5. Consent Agenda: A. Approve Minutes of September 20, 2005 City Council Regular Meeting: &tf',rpft"<-. B. Approve Minutes of September 27, 2005 City Council Regular Meeting: "ffHJ~ C. Findings of Fact and Conclusions of Law for Approval: AZ 05- 015 Request for an Annexation and Zoning of 59.30 acres from RUT to R-8 zone for Crossfield Subdivision by Packard Estates Development, LLC - 955 West Ustick Road: arfrt:'V't- D. Findings of Fact and Conclusions of law for Approval: PP 05~ 017 Request for Preliminary Plat approval of 246 building (244 residential units, 1 daycare & 1 pool/locker facility / restroom) lots and 26 other lots on 59.30 acres in a proposed R-8 ZOne for Crossfield Subdivision by Packard Estates Development, LLC _ 955 West Ustick Road: aff~v~ E. Findings of Fact and Conclusions of Law for Approval: CUP 05-022 Request for a Conditional Use Permit for a Planned Development for single-family residential units with a request to Meridian Clly Council Meeting Agenda - October 18, 2005 Page 1 of 3 All materials presented at public me etings shall become property of the City of Me ridian. Anyone deSiring aCi:ommodation for disabilities related to documents and/or hearings, please contact lhe City Clerk's Office at 888-4433 at least 46 hours prior to the public meeling. ** TX CONFIRMATION REPORT ** DATE Tl ME TO/FROM 13 110/18 22:25 PUBLIC WORKS 14 110/18 22:27 8848723 15 110/18 22: 28 8841159 15 10/18 22: 310 21088840744 17 10/18 22:31 POLlCE DEPT 18 110/18 22:33 89855101 19 110/18 22: 35 P-AND-Z 20 110/18 22:36 FIRE DEPT 21 110/18 22:38 12831000410 22 10/18 22:410 2138 387 6393 23 110/18 22: 42 21088885052 24 110/18 22: 43 IDAHO ATHLET I C C OCT 18 '05 22:44 CITY OF MERIDIAN MODE MIN/SEC PGS EC--S 101 '104" 10103 EC--S 101' 103" 10103 EC--S 101' 04" 10103 EC--S 01'136" 10103 EC--S 101 '105" 10103 EC--S 01' 105" 10103 EC--S 101'105" 1003 EC--S 101'104" 10103 G3--S 01 ' 20" 003 EC--S 101' 104" 10103 EC--S 101' 04" 10103 EC--S 01'104" 10133 CMDJ:I STATUS 2106 OK 2106 OK 2106 OK 206 OK 206 OK 2106 OK 2106 OK 206 OK 206 OK 2106 OK 2106 OK 206 OK .....----....-....---------------...-------....--....------....-------.....-....----....--....-----....-.......------...-...-------------- CITY COUNCil REGULAR MEETING AGENDA CITY OF MERIDIAN TueSday, October 18, 2005 at 7:00 p.m. City Council Chambers 33 East Idaho Avenue, Meridian, Idaho 1. Roll-call Attendance: X Shaun Wardle X- Christine Donnell =x= Charlie Rountree --X- Keith Bird ~ Mayor Tammy de Weerd 2. Pledge of Allegiance: ~e9 dCQr,d- ~'P 4-b / 3. Community Invocation by Pastor Steve Moore, with Cherry Lane Christian Church: V 4. Adoption of the Agenda: a,"j7Y"'"'~ 5. Consent Agenda: A. Approve Minutes of September 20, 2005 City Council Regular Meeling: ~pf"D~ B. Approve Minutes of September 27, 2005 City Council Regular Meeting: o/fnV"- C. Findings of Fact and Conclusions of law for Approval: AZ 05- 015 Request for an Annexation and Zoning of S9.30 acres from RUT to R-8 zone for Crossfield Subdivision by Packard Estates Development, llC - 955 West Ustlck Road: ApfIVV""-- D. Findings of Fact and Conclusions of law for Approval: PP 05. 017 Request for Preliminary Plat approval of 246 building (244 residential units, 1 daycare & 1 pool/locker facility / restroom) lots and 26 other lots on S9.30 acres in a proposed R-8 zone for Crossfield Subdivision by Packard Estates Development, LLC _ 955 West Ustick Road: aff1f'Dv<" E. Findings of Fact and Conclusions of law for Approval: CUP 05-022 Request for a Conditional Use Permit for a Planned Development for singlEOl-family residential unIts with a request to Meridian City Council Meeling Agenda - October 18, 2005 Page 1 of 3 All materials presented at public m~tings shall become property of the City of Meridian. Anyone desiring accommodation fOT disabilities relawd to dOCuments andlor hearings. please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the PUblic meeting. ** TX CONF [RMATI ON REPORT ** AS OF OCT 18 '05 09;02 PAGE. 01 CITY OF MERIDIAN DATE T [ME TO/FROM MODE M [N/SEC PGS CMDl:I STATUS ----~~---=~~=~-~=~~=-~~~~~:=---------------====~---~~~==~-~~=----_:~=----~~----------------- nc(,\~ IO&t W ....u...O'l l:.- IVU\ 11..:"-" cM;rldi~~ '\ ~ _. '''..\He.> If ~;~J- PRE~COUNCIL MEETING AGENDA Tuesday, October 18,2005, at 6:30 p.m. City Council Chambers 33 East Idaho Avenue, Meridian, Idaho 1. Roll-call Attendance: Shaun Wardle Christine Donnell - Charlie Rountree Keith Bird - Mayor ~y de Weerd 2. Adoption of the Agenda: ''Although the City of Meridian no longer requires sworn testimony, all presentations before the Mayor and City Council are expected to be truthful and honest to best of the ability of the presenter. " 3. Presentation to Discuss Preliminary Findings and Seek Public Involvement in the Planning Process for the All Hazards Mitigation Plan for Ada County with Troy Brown from Northwest Management, Inc.: (20 minutes*) '* Approx:imate allowable time set for agenda item may change depending on the discussion. Please us the designated minutes as a guideline only. MerIdian City Council Pre-Council Meeting AfIenda - October 18, 2005 Page 1 of 1 All materials presented at public meellngs shall become property oflhe City of Mer/dien. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 allea9t 48 hours prior 10 the pUblic meeting. ** TX CONF r RMAT ION REPORT ** AS OF OCT 18 '05 09:06 PAGE. 01 CITY OF MERIDIAN DATE TI ME TO/FROM MODE M I N/SEC PGS CMDJ:t STATUS ----~=---~~~:~-~:~~~-~~~~~==---------------====:_--~~~~~~-~~=-----~~~----~~----------------- Y\e-o.sc \.I0~1 tt.r YIAO\ H!". t.JQ\\l.:v - I HIJJ l~~ q CITY OF MERIDIAN CITY COUNCil REGULAR MEETING AGENDA Tuesday, October 18,2005 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~y de Weerd 2. Pledge of Allegiance: 3. Community Invocation by Pastor Steve Moore, with Cherry Lane Christian ChurCh: 4. Adoption of the Agenda: 5. Consent Agenda: A. Approve Minutes of September 20, 2005 City Council Regular Meeting: B. Approve Minutes of September 27; 2005 City Council Regular Meeting; C. Findings of Fact and Conclusions of law for Approval: AZ 05- 015 Request for an Annexation and Zoning of 59.30 acres from RUT to R~8 zone for Crossfield Subdivision by Packard Estates Development, LLC - 955 West Ustick Road: D. FIndings of Fact and Conclusions of law for Approval: pp 05- 017 Request for Preliminary Plat approval of 246 building (244 residential units. 1 daycare & 1 poor I locker facility I restroom) lots and 26 other lots on 59.30 acres in a proposed R-8 zone for Crossfield Subdivision by Packard Estates Development, lLC _ 955 West Ustick Road: E. Findings of Fact and Conclusions of law for Approval: CUP 05-022 Request for a Conditional Use Permit for a Planned Development for single-family residential units with a request to Meridian City Council Meeting Agenda - October 18, 2005 Page 1 of 3 All malerials presented at public meetings shall become property of lhe City of Meridian. Anyone desiring accommodation for disabilitios related to documents and/or hearings, please cont<lct the City Clerk's Office at 888-4433 at least 48 hours prior 10 the public meeting. ** TX CONF I RMATJ ON REPORT ** AS OF OCT 19 '05 16: 08 PAGE. 01 CITY OF MERID1AN DATE TJ ME TO/FROM MODE M I N/SEC PGS CMDl:l STATUS 09 10/19 16:07 IDAHO ATHLETIC C EC--S 01'04" 003 218 OK -....-------------...-.....-------....------.........-....------....------.....-....----.........-......-----....---------....--------....-....------ CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, October 18, 2005 at 7:00 p.m. City Council Chambers 33 East Idaho Avenue, Meridian, Idaho 1. Roll-call Attendance: X Shaun Wardle )( Christine Donnell =x:= Charlie Rountree =:x= Keith Bird ~ Mayor Tammy de Weerd 2. Pledge of Allegiance: /5,1)9 dcor.,d- W~p 4-b I 3. Community Invocation by Pastor Steve Moore, with Cherry Lane Christian Church: V 4. Adoption of the Agenda: a-",..,..,~ 5. Consent Agenda: A. Approve Minutes of September 20, 2005 City Council Regular Meeting: arlu'v~ B. Approve Minutes of September 27. 2005 City Council Regular Meeting: ~fH)~ C. Findings of Fact and Conclusions of Law for Approval: AZ. 05- 015 Request for an Annexation and Zoning of 59.30 acres from RUT to R-8 zone for Crossfield Subdivision by Packard Estates Development, LLC - 955 West Ustick Road: arlr>:7V~ D. Findings of Fact and Conclusions of Law for Approval: PP 05- 017 Request for Preliminary Plat approval of 246 building (244 residential units, 1 daycare & 1 pool/locker facility / restroom) lots and 26 other lots on 59.30 acres in a proposed R-8 zone for Crossfield Subdivision by Packard Estates Development, LLC _ 955 West Ustick Road: 4ffrov<.... E. Findings of Fact and Conclusions of Law for Approval: CUP 05-022 Request for a Conditional Use Permit for a Planned Development for Single-family residential units with a request to Meridian City CouncJl Mealing Agenda - October 18. 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 Clerl(s Office at 888.4433 at I east 48 hours prior to the public meeting. OCT 14 '05 CITY OF MERIDIAN DATE TIME TO/FROM MODE MIN/SEC PGS CMDll STATUS 01 1El/14 15'41 LIBRARY EC--S 01'19" 003 171a OK 02 H:l/14 15' 43 921383776449 EC--S 131' 01a" 0133 170 OK 03 113/14 15:453886924 EC--S 01'0ril" 003 170 OK ~~ i~;i: i;~:~ :~~~D~~PT ~~==~ ~i::::: ~:; i;~ ~~ 136 1~l/14 15'49128300040 G3--S 01'16" 003 170 OK 07 10/14 15:51 208 387 6393 EC--S 00'59" 0133 1713 OK 08 1El/14 15: 52 ADA CTY DElJELMT EC--S 01' 00" 1a133 170 OK 09 113/14 15' 54 2008885052 EC--S 01' 01" 003 170 OK 10 10/14 15'55 LAKEVIEW GOLFCOU G3--S 01'S5" 003 170 OK 11 10,'14 15'58 IDAHO ATHLETIC C EC--S 01'013" 003 1713 OK 12 10/14 16'00 ID PRESS TRIBUNE EC--S 01'rill" 0133 170 OK 13 10/14 16: 02 2088886701 EC--S 01' 00" 1303 170 OK 14 10/14 16' 15 LEGAL DEPARTMENT ----S 00'0ril" 01313 170 BUSY -----------------------------~~~:_~~=~~~~-~:_=~~::_~~-~:~~~~------------------------------- V\f(\~L \..10&1 to'" Yl>...\::)\' \.'.-- t.JO"\"\~L> - I nUH ~'b q CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, October 18, 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 - MayorTam';;;y de Weerd 2. Pledge of Allegiance: 3. Communit}l Invocation by Pastor Steve Moore, with Cherry Lane Christian Church: 4. Adoption of the Agenda: 5. Consent Agenda: A. Approve Minutes of September 20, 2005 City COuncil RegUlar Meeting: B. Approve Minutes of September 27, 2005 City Council Regular Meeting; C. Findings of Fact and Conclusions of Law for Approval: AZ 05- 015 Request for an Annexation and Zoning of 59.30 acres from RUT to R-B zone for Crossfield Subdivision by Packard Estates Development, lLC - 955 West Ustick Road: D. Findings of Fact and Conclusions of law for Approval: PP 05- 017 Request for Preliminary Plat approval of 246 building (244 residential units, 1 daycare & 1 paoli locker facility I restroom) lots and 26 other lots on S9.30 acres in a proposed R-B zone for Crossfield Subdivision by Packard Estates Development. LLC _ 955 West Ustick Road: E. Findings of Fact and Conclusions of Law for Approval: CUP 05-022 Request for a Conditional Use Permit for a Planned Development for single-family residential units with a request to Meridian City Council Meeting Agenda - October 1 B, 2005 Page , Or 3 All materials presented at public meetings ~hall beCOme property of Ihe City of Meridian. Anyon@ desiring accommodation for disabilities related to documenls andlor hearings, please contact !he City Clark's Officc a1 888-4433 at least 46 houffi prior lo the pUblic meeting. Pk:'"G\SC Pa;ttev ~}'6\1 Q, [vot \0.G - ThQVLU~\.( PRE-COUNCIL MEETING AGENDA Tuesday, October 18, 2005, at 6:30 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. Adoption of the Agenda: "Although the City of Meridian no longer requires sworn testimonYJ all presentations before the Mayor and City Council are expected to be truthful and honest to best of the ability of the presenter. JI 3. Presentation to Discuss Preliminary Findings and Seek Public Involvement in the Planning Process for the All Hazards Mitigation Plan for Ada County with Troy Brown from Northwest Management, Inc.: (20 minutes*) * Approximate allowable time set for agenda item may change depending on the discussion. Please us the designated minutes as a guideline only. Meridian City Council Pre-Council Meeting Agenda - October 18, 2005 Page 1 of 1 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. ?\ea.sr Pas\ t(y Pl\.k/ \Q". lJot\~~ - Th()Jl~(U, CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, October 18, 2005 at 7:00 p.m. City Council Chambers 33 East Idaho Avenue, Meridian, Idaho 1. RolI~call Attendance: Shaun Wardle Christine Donnell Charlie Rountree Keith Bird _ Mayor Tammy de Weerd 2. Pledge of Allegiance: 3. Community Invocation by Pastor Steve Moore, with Cherry lane Christian Church: 4. Adoption of the Agenda: 5. Consent Agenda: A. Approve Minutes of September 20, 2005 City Council Regular Meeting: B. Approve Minutes of September 27, 2005 City Council Regular Meeting: C. Findings of Fact and Conclusions of Law for Approval: AZ 05~ 015 Request for an Annexation and Zoning of 59.30 acres from RUT to R-B zone for Crossfield Subdivision by Packard Estates Development, LLC - 955 West Ustick Road: D. Findings of Fact and Conclusions of Law for Approval: PP 05~ 017 Request for Preliminary Plat approval of 246 building (244 residential units, 1 daycare & 1 pool/locker facility / restroom) lots and 26 other lots on 59.30 acres in a proposed R-B zone for Crossfield Subdivision by Packard Estates Development, LLC _ 955 West Ustick Road: E. Findings of Fact and Conclusions of law for Approval: CUP 05~022 Request for a Conditional Use Permit for a Planned Development for single-family residential units with a request to Meridian City Council Meeting Agenda - October 18, 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. allow for reduced setbacks, reduced lot size, reduced frontages, reduced house sizes and block lengths in excess of 1,000 feet in a proposed R-8 zone for Crossfield Subdivision by Packard Estates Development, LLC - 955 West Ustick Road: F. Aareement with Valley Ride I Valley Reaional Transit for FY 2006 Dues and Intercounty Services: G. Renewal of Contract for Prosecution Services with the City of Boise: H. Development Agreement: AZ 05-024 Request for Annexation and Zoning of 5 acres to L-O zone for Seventh Dav Adventist Church by Hawkins Companies -1735 North Black Cat Road: Resolution No. : VAC 05-011 Request for a Vacation of Irrigation Easements for Bonito Subdivision by Dave Evans Construction - 3041 East Copper Point Drive: J. Memorandum of Understandina between Blackrock. LLC and Blackrock Subdivision HOA and the Citv of Meridian for Hookup to City Sewer and Water: K. Aareement for Services with AspireOn: 6. Department Reports A. Planning Department: Steve Siddoway 1. Presentation of Meridian~s Transportation Task Force Priority List and Recommendations: 7. Items Moved from Consent Agenda: "Although the City of Meridian no longer requires sworn testimony, all presentations before the Mayor and City Council are expected to be truthful and honest to best of the ability of the presenter. JJ 8. Public Hearing: AZ 05-036 Request for Annexation and Zoning of 10.30 acres from RUT to a R-8 zone for Larkspur Subdivision No.2 by Larkspur LLC - 200 and 205 East Rosalyn Court: 9. Public Hearing: PP 05-035 Request for Preliminary Plat approval of 50 building lots and 4 common lots on 10.30 acres in a proposed R-8 zone for Larkspur Subdivision No.2 by Larkspur LLC - 200 and 205 East Rosalyn Court: Meridian City Council Meeting Agenda - October 18,2005 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. 10. Public Hearing: CUP OS-038 Request for Conditional Use Permit for a Planned Development for reduced minimum lot size, frontages and setbacks on 10.30 acres in a proposed R-8 zone for Larkspur Subdivision No.2 by Larkspur LLC - 200 and 205 East Rosalyn Court: 11. Public Hearing: CUP OS-043 Request for Conditional Use Permit for a private medical practice in a L-O zone for Wiqod Medical Practice by ZGA Architects & Planners - East Louise Drive in Meadow Lake Village Subdivision: 12. Public Hearing: VAR OS-020 Request for a Variance request for a third time extension to record the final plat for Schwenkfelder Tire Subdivision by Pinnacle Engineers, Inc. - Meridian Road west of Franklin Road: 13. Ordinance No. OS-1188 Distribution Pseudoephedrine Products (3rd Reading): of 14. Ordinance No. : Amending Title 10J Chapter 3J Section 7J of the Meridian City Code Regarding the Electrical Code: is. Ordinance No. AZ OS-024 Request for Annexation and Zoning of 5 acres to L-O zone for Seventh Dav Adventist Church by Hawkins Companies - 1735 North Black Cat Road: 16. Ordinance No. AZ OS-030 Request for Annexation and Zoning of 5.1 acres to R-8 zone for Windwalker Subdivision by Beckit Development, Inc. - 2770 South Locust Grove Road: 17. Ordinance No. AZ OS-039 Request for Annexation and Zoning of 4.99 acres from RUT to R-8 zone for Pis a Place Subdivision by Howard Jenkins - 3893 South Locust Grove Road: 18. Ordinance No. AZ OS-037 Request for Annexation and Zoning of 3.57 acres from R-1 to R-8 zone for Breinholt Subdivision by Richard and Susan Breinholt - 2580 North Meridian Road: 19. Ordinance No. AZ OS-041 Request for Annexation and Zoning of 10.15 acres from RUT to R-8 zone for Woodburn Subdivision by Centennial Development, LLC - 840 West Ustick Road: Meridian City Council Meeting Agenda - October 18, 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. ** TX CONF I RMRT ION REPORT ** AS OF OCT 14 '05 15:41 PAGE. 01 CITY OF MERIDIAN DATE T I ME TO/FROM 27 10/14 15:29 PUBLIC WORKS 28 10/14 15:33 8841159 29 10/14 15: 34 2088840744 30 10/14 15:37 POLICE DEPT 31 10/14 15:39 8985501 MODE MIN/SEC PGS CMDIt STATUS EC--S 01 '01" 003 170 OK EC--S 01' 01" 003 170 OK EC--S 01'02" 003 170 OK EC--S 01'00" 0133 1713 OK EC--S 00'59" 003 170 OK -.....__......_----~---------------...._------....._...._----....._...._---------....------..............-----...-.....------------......------ V\ro.sr \..lOs.t trf Yl\.bt\~ t-JO\\l..:L>- Irll.J..JlK-b.tI, CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, October 18.2005 at 7:00 p.m. City Council Chambers 33 East Idaho Avenue, Meridian, Idaho 1. Roll-call Attendance: Shaun Wardle _ Christine Donnen - Charlie Rountree Keith Bird --- --- MayorTa"imiiy de Weerd 2. Pledge of Allegiance: 3. Community 'nvocation by Pastor Steve Moore, with Cherry Lane Christian Church: 4. Adoption of the Agenda: 5. Consent Agenda: A. Approve Minutes of September 20, 2005 City Council RegUlar Meeting: B. Approve Minutes of September 27. 2005 City Council Regular Meeting: C. Findings of Fact and Conclusions of Law for Approval: AZ. 05. 015 Request for an Annexation and Zoning of 59.30 acres from RUT to R-8 zone for Crossfield Subdivision by Packard Estates Development, LLC - 955 West Ustick Road: D_ Ffndings of Fact and Conclusions of Law for Approval: pp 05. 017 Request for Preliminary Plat approval of 246 building (244 residential units, 1 daycare & 1 pool tlocker faCility I restroom) lots and 26 other lots on 59.30 acres in a proposed R~8 zone for Crossfield Subdivision by Packard Estates Development, LLC _ 955 West Ustick Road: E. Findings of Fact and Conclusions of Law for Approval: CUP 05.022 Request fDr a Conditional Use Permit for a Planned Development for single-family residential units with a request to Meridian City Council Meeting Agenda - October 18, 2005 Page 1 of 3 All materials presented at public meetings Shall become property of the City of Meridian. Anyon~ desiring accommodation for disabilities relaled to documents and/or hearings. please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting.