HomeMy WebLinkAbout2005-10-04
PRE-COUNCIL MEETING
AGENDA
Tuesday, October 4,2005, at 6:00 p.m.
City Council Chambers
33 East Idaho Avenue, Meridian, Idaho
1. Roll-call Attendance:
~ Shaun Wardle
~ Charlie Rountree
~ Christine Donnell
~ Keith Bird
-L Mayor Tammy de Weerd
2. Adoption of the Agenda: Approve
"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 on Construction of New Cell at Hidden Hollow by Ada
County Landfill: by Ted Hutchison
(10 minutes*)
4. Presentation on Waste Disposal Facility in Elmore County by Idaho
Waste Systems: by Eric Weiss
(10 minutes*)
5. Presentation of Meridian's Transportation Task Force Priority List
and Recommendations: set on October 18, 2005 meeting agenda
(10 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 11, 2005 Page 1 of 1
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please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting.
October 28, 2005
MERIDIAN CITY COUNCIL MEETING
APPLICANT
November 1, 2005
ITEM NO.
5-C
REQUEST Approve Minutes of October 4,2005 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:
~vV
Contacted:
Emailed:
Date:
Staff Initials:
Phone:
Materials presented at public meetings shall become property of the City of Meridian.
Meridian Citv Pre-Council MeetinQ
October 4. 2005
The Meridian City Pre-Council meeting was called to order at 6:00 P.M. on
Tuesday, October 4,2005 by Council President Shaun Wardle.
Members Present: Mayor Tammy de Weerd, Keith Bird, Shaun Wardle, Charlie
Rountree.
Members Absent: Christine Donnell
Staff Present: Bill Nary, Anna Canning, Joe Silva and Will Berg.
Item 1.
Roll-call Attendance:
Roll call.
~ Shaun Wardle ~Christine Donnell
~ Charlie Rountree ~Keith Bird
-1L... 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.
Rountree: Second.
Wardle: It's been moved and seconded to adopt the agenda as published. All in
favor?
THREE AYES. ONE ABSENT. MOTION CARRIED.
Item 3.
Presentation on Construction of New Cell at Hidden Hollow by
Ada County Landfill:
Hutchinson: Madame Mayor, members of the Council, Deputy Director of the
Solid Waste Management Department for Ada County. Director Neil would like
to apologize for not being here, however, he says you guys wouldn't want him
around he is feeling under the weather and doesn't want to spread that about. I
am here tonight to kind of give you a brief overview of where we are and to kind
of get to some questions that this Council might have about where Ada County is
in the process of developing a new landfill. To give you a quick overview and
you do have a copy of my presentation before you so we will go over this rather
quickly. We are really emphasizing here a solid waste management system. It's
Meridian City Pre-Council Meeting
October 4, 2005
Page 2 of 20
through an integrated solid waste management system built on a cooperative of
citizens, businesses, institutions and governments and Ada County shall provide
an environmentally safe economically sound solid waste disposal facility
designed to meet the needs of a growing population. The goals and objectives
are basically to provide the citizens, businesses, and institutions of Ada County
long-term, environmentally safe, economically sound solid waste management
disposal as part of that integrated solid waste management system. As part of
the integrated system, Ada County will build the new landfill that is available to all
residences, businesses and institutions within Ada County. The solid waste
management system includes all residences, businesses, institution and
governments to ensure that the system meets the needs and demands and
expectations of the system's users and those are as you know the customers
that you have - the solid waste customers as well as the customers that we
serve there at the landfill. We want to go to what is a mix up and integrated solid
waste system. It's not just the landfill; it's all the parts of this system, including
the collection system, which in Ada County is contracted by the municipalities
and by Ada County for the unincorporated areas. It also includes the reduce,
reuse cycle elements in that. We have programs in place that provide
information to remote waste reduction strategies throughout the county. We also
have programs and information to promote material reuse within our community.
Also Ada County is in pretty unique shape. Every single-family residents within
Ada County has the opportunity to curbside recycle. There is not another county
in the state that has that. It's all because of the efforts that have been put forth
by the municipalities and particularly with the City of Meridian through your
contracted hauler, SSC. Also in part of that integrated system is going to be a
subtitle D landfill. Ada County does currently operate as a subtitle D landfill. The
new landfill will meet all of the requirements and will continue to be operated as a
subtitle D landfill. Also encourage the onsite programs. We have onsite
recycling of wood, household hazardous materials and refrigeration units. Also
tires and number of other smaller items that we deal with. We also have as part
of this integrated system a household hazardous materials collection program. A
permanent facility at the landfill that is available to all county residents and to
qualified businesses. They also have the mobile collection programs with the
City of Meridian, Boise, Kuna and Eagle. The nice thing about this program is
when the county first established the household hazardous collection program,
the permanent facility at the landfill, the Board of County Commissioners offered
to the cities, the communities in the county if you will conduct an organized event
or make the effort and it can't just be haphazard, but has to be very organized,
Ada County will pay for the disposal of the material that you have collected at
those events. That still continues and it's been a very, very successful program.
We just finished our fiscal year, as you guys are aware in finishing yours; we are
starting to put together our numbers so that we will now exactly what we did in
FY 2005. By the looks of it, it's been a very successful year and a very
productive year for the county. Lastly, in the integrated solid waste system are
educational resources available to schools, civic groups, institution and other
governments, including a lot of classroom presentations towards the landfill - just
Meridian City Pre-Council Meeting
October 4,2005
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anything that we can do to get the information out to the public regarding the
system, how it works and how to better improve it and usually that is by taking
advantage of the programs that already exist. Where we are today, Hidden
Hollow Landfill, as we know opened in 1972. It is expected to reach design
capacity about 2010, 2011. We are currently running about 1,500 tons into the
landfill every day and as you know, trash generation like sewer is you can't shut it
off and it's awfully hard - or you can never stop it. So, it is just one of those
utilities that we really do need. The community needs to provide and by state
statute, Ada County has some responsibilities for landfill. And again, Sanitary
Services has become our second largest account at the landfill and it's due to the
phenomenal growth that you guys have experienced here within the City of
Meridian. Move onto the north ravine (inaudible) and there is a lengthy process
of public involvement process in which the Board of County Commissioners held
public information meetings trying to get input from civic groups, from residents,
from governments, from anyone we could so that the Board could make a
decision on how best to deal with the long-term solid waste requirements for Ada
County and based on that long process, they decided that they would go with
construction of a landfill on property that is already owned by Ada County and the
proposed site is called the North Ravine. To give you a perspective of where this
is - the yellow line on this map is the current county boundary or property line for
the landfill property. It's about 2,700 acres. It sits north of Hill Road, northwest
of the City of Boise. Seaman's Gulf Road runs right here and goes back to a
Hidden Springs community, which is to the north of us. The City of Eagle is to
the west of us and then the City of Boise is to the south and southeast. The
current landfill is outlined in red here. It sits about 110 or 120 acres within the
middle of the property. The North Ravine cell will be developed immediately
north of our current operations. It's approximately 400 acres. Phase 1 we are
hoping to begin construction sometime in the first part of 2006 with final
construction of Phase 1 about 10 or 11 months later. Since the Board's decision
to locate the landfill, there have been a lot of things happening, including site
certification of the site. We have received that from the Idaho Department of
Environmental Quality. They certified that the site does comply with Idaho Code
39-7407, which lists the specific requirements for landfills. Also, we have
submitted our Conditional Use Permit to Ada County and it is scheduled for
public hearing before the Planning and Zoning Commission on the October 13th.
During the process we kind of ended up with being as quite a surprise, we were
notified by staff members from the City of Boise that there was a section in the
code that applied to counties that were going to build new landfill facilities, solid
waste management facilities caught us a bit by surprise. One of the
requirements was that Ada County had to provide to the municipalities a
feasibility study that address certain things that were outlined in the code. The
City of Meridian was provided with a copy of that and I think that was one of the
things that we probably need to discuss in a little bit more detail tonight. But
there are certain requirements within that section of the Idaho Code that really
caught us by surprise, but Ada County is certainly willing to discuss those withethe municipalities. As far as the Ada County disposal facility, the new facility was
Meridian City Pre-Council Meeting
October 4,2005
Page 4 of 20
planned for long-term, which means they have a life expectancy of over 100
years. It will utilize the existing programs and partnerships that we have
including curbside recycling, household hazardous materials' management and
the sharing of educational resources. Further we have a very good history of
cooperation with the municipalities and their contract waste haulers and looking
at development and enhancement of the solid waste management strategies
within the county and we are very responsive to our owners, which are the
citizens of Ada County and we respond quite well, particularly through the
elected officials because it is a public agency. Basically, our recommendations
to the Meridian City Council, to the City of Meridian is that we continue this
relationship that has been developed between the City of Meridian and Ada
County. That continuing relationship will increase opportunities to enhance the
programs and the solid waste management system and we believe - recommend
that you choose the best option for solid waste disposal. The next slide is just to
give you a little bit of information. I know your rates for residential trash collection
just went up October 1st to $10.95 per month. The distribution of that fee is as it's
shown on the slide, for one month for one household Ada County for the landfill
operation gets $1.60 out of that. The city and the franchise fees get about $.66,
which is six percent of the $10.95, but it's one percent of the total pie that is
available. Then Sanitary Services for their collection and recycling services gets
the bulk of that, which includes their transportation costs of $8.69 for each single
family within. At this point I would - any questions from the Council?
Wardle: Council, Mayor any questions?
Bird: I have none, Mr. President.
De Weerd: Not at this point.
Rountree: I might after the other presentation, Ted.
Hutchinson: Okay. Thank you very much.
Wardle: With that we will move to Item No.4.
Item 4.
Presentation on Waste Disposal Facility in Elmore County by
Idaho Waste Systems:
Weiss: Thank you Madame Mayor, Council members my name is Eric Weiss
and I am representing IWS as the Regional Sales Director and my IT guy over
here is our VP of Business Development, Grant Gothier. I apologize the
presentation that I had set up for this evening was set up to give a little pizzazz,
so I wasn't prepared to have Grant stand over there, but if there are any
questions, I am sure he will answer as we go along. Thank you very much for
the opportunity to sit down with you tonight and talk about IWS and what we have
to offer the City of Meridian.
Meridian City Pre-Council Meeting
October 4,2005
Page 5 of 20
Rountree: All this technology is going off at the same time.
Weiss: The topics that we are going to talk about tonight, I am going to give an
overview of Idaho Waste Services; going to review as Ted did the Idaho Solid
Waste Statute. The issues that we feel that are facing the City of Meridian; our
proposal to the City of Meridian; the benefits of that proposal; and then the next
steps in the process and obviously with the time tonight if there are questions,
please ask as we go along, otherwise we will have questions in the end. To give
you a little overview of IWS besides Grant and myself, we also have the
Management Team - Arlan Keaton is our Chairman; Bob (Inaudible last name) is
the President; Fred Perez is our General Manager sitting in the audience and
Tom Knight is our Landfill Site Manager. I want to talk a little bit about our
experience. Besides solid waste or besides landfills or in the solid waste industry
besides municipal solid waste we also take industrial waste into the Simco Road
landfill. We are currently working with clients in the northwest as well as
Montana, Nevada and Utah. We also operate three transportation contracts in
Bingham, Boise and Elmore County. Each of these facilities also does a ground
level recycling. We do a floor shore to each one of the facilities to eliminate as
much material going to landfill as we possibly can through recycling. Some
specific information about our landfill at Simco Road. It's privately held by IWS.
It's very close to Meridian. It's very close to Meridian. It's about 40 miles away.
Ou r total site encompasses a little over 1,100 acres and of that 298 acres is
currently permitted air space for solid waste. To give you an idea that is about
336 million cubic yards of total air space that we have permitted today. What that
means in laymen terms is we could take approximately 6,000 tons a day,
everyday of the year and our site would last about 100 years. Currently, we are
taking in around 700 tons of trash a day. As Ted talked earlier we have an
excellent history of regulatory compliance. There is no compliance issues with
IDEQ or the Health District. The federal subtitle deregulations, I talk about
exceeding that. To meet the federal subtitle deregulations, you have to have a
single liner system for a landfill. We are operating with a double liner system for
extra security. It's a very safe landfill for the waste that goes in there. We are
permitted besides municipal solid waste to accept environmental cleanup soils,
industrial waste and that is what I was talking about earlier. There are a lot of
clients in the northwest that is shipping material to us. Along with the sub title D
responsibilities, we have to have closure and post-closure funding in place. The
financial assurance and insurance cover those costs for closure and pollution
liability. Currently, we have a surety payment performance bond of $2 million
and just to touch a little bit on that, the reason for $2 million is we do an
assessment year over year of how much air space is currently open and what we
do is we figure out a formula. If we were to close that today, what would the cost
be to close that and monitor for the next 30 years? That is the reason for the $2
million. So each year we close air space as it fills up. We don't leave anything
open. We close it. The pollution legal liability insurance is currently $2 million
and that's - when I talked about the monitoring that we have in place to meet our
('
Meridian City Pre~Council' Meeting
October 4, 2005
Page 6 of 20
subtitle deregulations. Two million dollars if we were to have any type of release.
So, that is liability insurance for our landfill. The reason we are here today as
Ted mentioned the Idaho Solid Waste statute, essentially the City of Meridian
has been given 90 days to opt in or out of Ada County's proposed landfill. I think
it is an excellent opportunity as Ted said to look at what is the best possible
option for the City of Meridian and that is why I am here today to propose our
Simco landfill to the City of Meridian. The issues facing the City of Meridian - as
I said the decision to opt in or out of Ada County's proposed landfill, the long-
term liability issues related to the material going at Ada County; the opportunity to
independently manage your solid waste and then controlling the long-term costs
of the solid waste. Essentially looking to save money over time. IWS's proposal
to the City of Meridian - we like to partner with the City of Meridian and enter into
a long-term contract for disposal of your solid waste. There are two ways of
looking at it. Either we can contract directly or go through an RFP process, either
way we are willing to partner with the city and look for the best available option.
Your current collection contract with SSC, you have an excellent opportunity or
excellent relationship with SSC and I think that that is something that we'd really
like to join. Benefits for the City of Meridian - ability to enter into a long-term
contract to control those solid waste costs over time. The indemnification of
environmental matters and the potential reduction in control over fees paid for
solid waste. I will cover each one of these individually just to give you a little bit
more background. To enter into a long-term contract, the term (inaudible)
discuss at a later date, but we are willing to commit to the City of Meridian to hold
the rates and stay competitive within the market place for a long-term contract.
Continuous management of the HHW programs - Household Hazardous Waste
and Recycling programs would (inaudible) through IWS and do what we can to
continue support for recycling programs through SSC. With each of these, our
goal is to control the costs and I keep saying that, but that is, I think, the biggest
concern for the city and the residents is to control the cost of the disposal over
time. The indemnification of environmental matters. This is a sample contract
that IWS is willing to agree to with the City of Meridian. Essentially what it says is
we are going to indemnify and hold the city harmless to any extent rising out of
contamination at our landfill. t talked a little bit about that earlier with the pollution
liability insurance. With any type of release the liability would stay with IWS
verses the city. A little bit more about the indemnification - I want to talk a little
bit about the difference between indemnification verses ownership. We are
going to indemnify you of your material coming to our landfill. At no point and
time under CIRCLA law can you transfer ownership of your waste and what that
means is cradle the grave and everybody is familiar with that - we cannot take
the ownership away, but we can indemnify you of the liability of your material
coming into our landfill. As a potential responsible party, to look at that protection
under CIRCLA the biggest things that you have to be concerned with is a
selection of a well-designed environmentally protected landfill and that is what I
talked about earlier is with our exceeding subtitle deregulations, we are a very
safe and secure landfill. And the selection (inaudible) willing to defend and
indemnify against future liability. We are willing to indemnify you because of the
Meridian City Pre-Council Meeting
October 4, 2005
Page 7 of 20
position that we put ourselves in to have a very safe landfilL What does this
mean for the city? Under Idaho State Law no county or municipality can
indemnify users of its landfill without two-thirds qualified vote or approval. So,
the city still carries the liability of the waste going into the Ada County landfill,
whereas coming to us we would indemnify you of that future liability. (Inaudible)
fees paid by the City of Meridian. Ada County is a very competitively priced
landfill and they have done a very good job with the programs that have put in
place, so as a compliment and what programs that they have, I would like to offer
that we're matching rates of Ada County for transportation disposal. We are
willing to enter into a long-term contract to help control the solid waste costs over
time. We are very optimistic with the recent changes in what Ada County is
offering right now that the City of Boise - we are optimizing that the City of Boise
is going to send us a percentage of their waste to our landfill. I think that that is
of huge concern to the City of Meridian just because I believe that taking some of
that waste or a large percentage of the waste out of their system could potentially
have to raise their rates then for the rest of cities or municipalities that are
shipping waste into the landfill. So, when I talk about matching the rates of Ada
County, I am willing to do that as well as look at the savings of what it would be if
Ada County were to raise their rates over time. Summary of benefits. As I said
before, compliment to you and your collection contractor - we would love to be a
similar partner with the City of Meridian. The liability associated with the Ada
County landfill or reduced liability - the ownership of the solid waste program that
you guys have right now and then the cost savings through our new contract over
time. The next steps - whatever the direction the city decides to go we are
willing to support them and try to get enough information to make the best
judgment call for the city. You need to ensure that you do get the most
competitive option, not just today but what it is going to do for long-term liability
and cost savings. So, next steps you need to determine you know if you have
enough time meet the 90 days and look at opting in or out of Ada County's plan
and then determine what is the best process to make sure that you have the best
proposal in front of you to make that decision. We will support you whatever
direction you go. Questions?
Wardle: Council, any questions?
Rountree: Mr. President.
Wardle: Mr. Rountree.
Rountree: You mentioned that you are optimistic that Boise might not opt in at
least for a portion. Does statute allow a municipality to determine a percentage
that they would opt into the county facility and contract with a private provider?
How does that work?
Weiss: Council member that is a very good question, I do not have an answer at
this time.
Meridian City Pre-Council Meeting
October 4, 2005
Page 8 of 20
Rountree: My question is your slide indicated that you are optimistic that Boise
might not opt into the county landfill -- at least for a portion they might contract
with you all, so I guess my question is does the statute allow a municipality to
discriminate a percentage of their waste going one way or another?
Wardle: You have to come up here, sir.
De Weerd: We need your answer on the record.
(Speaker Unknown): Currently, we take 10 percent of the waste from Ada
County and we have met with the City of Boise and we have met with the Mayor
and they are trying to decide. I do not know if statute allows that. They have
researched and that is one thing that we have been discussing with them and I
can't answer if statute allows that. Maybe Mr. Walker can? He works with us.
Walker: Frank Walker of Boise, Idaho and I am sure Bill can address this as
well. Statute doesn't speak to the manner in which a municipality directs its
waste. You basically have a choice to opt in or opt out with the county at this
point and time. With that come obligations for the city over the long-term
prospect of that cell. So, you have got to dedicated yourself to the closure costs
and percentage of - like if you are buying into it and you are going to stay with
them. Now, whether that prohibits the city, I don't think it does from directing
some of its waste to a more practical or efficient landfill, I don't think the statute
states one way or the other. I think there are options and I think - statutes
contemplate in the sense the county provides landfill. Cities have the opportunity
to go with the county or not. As far as the nuances between that really doesn't
say, but I do think and I won't say with total confidence, but I do think there is
enough in there, again if you opt in with the county you can opt in for a portion or
a term. You have got to know what you are opting into and I think that's one of
the things that the Council has to understand is what is the long term
commitment to the county in the sense of amount of waste, dollars and cents,
years and those sort of things? Which, I don't think are before you right now and
again I think you also have options to split and go different directions. I don't
think it's totally black and white that you have got to go one way and that way
only.
Bird: Mr. President, or go ahead Charlie if you have got a follow up and then I
will go.
Rountree: Well, it's not a follow up; it's one concern I have about the state
statute and its desire to take municipalities out of a competitive environment.
Have you as a private corporation considered either through lobbyist or your
actions have a run at the statute to provide the municipalities ability to work in a
capitalist, competitive environment instead of being forced into an either or
situation it seems to me?
Meridian City Pre-Council Meeting
October 4, 2005
Page 9 of 20
Walker: That is a very good question, Madame Mayor and Council. I think the
statutes, again, are structured in that manner, but I don't think they are exclusive.
I don't read the statute as saying a municipality cannot direct some of its waste to
a private entity if it wants to. It is just - obviously, with the County there is a
considerable capital expenditure and it is designed so that they get their ducks in
a row as they are going forward and that is to go to the cities and say are you
going to participate or are you not going to participate. If you are not going to
participate, you go your own direction. Then you can buy back into later. There
are some provisions for that as well. I don't think it is necessarily excfusionary to
that degree. As far as lobbying and legislation, I haven't participated on that level
with this company.
Rountree: Thank you.
Wardle: Mr. Bird.
Bird: Mr. Walker the $2 million liability and other - is that do you think sufficient
enough the way tort claims are being awarded now? I mean and what does that
actually do to cover us?
Walker: Madame Chairman, Councilman no. It probably is not. It's what they
have at this point and time at IWS understanding that their facility is designed so
that there will not be an event. If there is an event, again, they will monitor the
amount of waste that they have, what they are taking in, the size of their landfill
area and adjust that to go forward. That can be something that can be
contracted with over time that you will carry "x" amount of insurance for us, not
your entire landfill, but for the City of Meridian. So, the likelihood is remote that
you would ever have an event, but certainly through the contracting process you
can get something that -
Bird: Would that not be benefit to our citizens to have that kind of contractual set
up where we are or whatever it takes to take care of the liability from the
percentage we are taking out there or whatever were disposing?
Walker: Yes, Mr. Bird, I think it would be. Obviously, the county at this point and
time doesn't have the ability to indemnify and a private company can. I think
around the country there are instances where you see it running back upstream
to the actual depositors of the waste, so it is an issue.
Bird: Thank you very much.
Wardle: Mr. Rountree.
Weiss: Excuse me. Just to expand on that. Mr. Walker explained it correctly
that based upon the waste that we are receiving today, the nature of the waste -
when I talk about a lot of the environmental companies that we are currently
Meridian City Pre-Council Meeting
October 4, 2005
Page 10 of 20
doing business with that is of a grave concern to them based upon the liability of
a non-hazardous, but a contaminated material coming into a landfill. So, that is a
very good question and we are willing to increase that amount as Mr. Walker said
depending on what the city feels that is adequate, we are more than willing to do
that.
Rountree: Mr. President.
Wardle: Mr. Rountree.
Rountree: You spoke in terms of long-term contract and rates. I am not going to
hold you to it, but what does a long-term contract rates - you would hold rates to
what indices?
Weiss: When I look at a long-term contract, I think it would be something that we
would both mutually agree on. I guess it would be something no more
competitive that what the current landfill would accept as a contract with you
guys. There is a lot of information out there with other municipalities and looking
at the different contract period of time that their contract would. So, that is up to
the city.
Rountree: What kind of range?
Weiss: Ten or fifteen years. I guess - we have got a 100 years of life, but
anywhere from a minimum of 10 to 15 years and the reason that I think that you
look at a 1 O-year contract is to maintain some of the programs and really to work
with the city on looking at the recycling programs and programs are working. We
would certainly want to have a length of time to be effective and to show the city
the partnership of what we are willing to do. The rates - we discussed that
before we came here this evening. A lot of what we are working at is looking to
secure the rates for a period of time and then looking for the normal CPl's that
contract - I am sure the contract that you guys just went through, the CPI
increase that you just went through is something on an annualized basis. So,
that is what we would be looking at.
Rountree: Mr. President.
Wardle: Mr. Rountree.
Rountree: As far as the indemnification, would it be fair to characterize that that
is a value, but it is somewhat dependent on how solid you as a company remains
and the county government is going to be here forever. You guys are solid, but
based on selling profits, losses you may not be here forever.
Weiss: I would say yes and I also answer the question that it's really dependent
on the environmental controls and what you have in place. When you look at
Meridian City Pre-Council Meeting
October 4,2005
Page 11 of 20
what we have done and we try to do to exceed the requirements of our landfill
and look at the waste that is coming in, we have looked prior to taking a ton of
waste in our landfill; looking at the profitability nature. We would be making more
money if we didn't have the environmental controls in place to even back up the
city even more. So, I would say six one, half dozen the other that the
indemnification of liability of our landfill is solid based upon what we have done to
date.
Rountree: There is always that risk though?
Weiss: Yes.
Wardle: Mr. Nary.
Nary: Mr. President one of the ones - I guess I didn't hear - my reading of the
state statute says that you have to have permission or a permit from the county
you operate in and I didn't see that in your presentation that you have a permit
from Elmore County?
Weiss: Yes.
Nary: Okay and is that a renewal of every year? I mean, if that - the city opts
into your program isn't the city going to be also subject to that permitting process
you are going to go through annually with Elmore County?
Weiss: There is - Fred you may want to answer this question. Yes, we do have
a permitting process, but in Elmore County they decided to shut down their
landfill and contract with us directly, so yes there is a process that we go through
on an annualized basis, but considering they don't have a landfill, they are not in
a position -
Walker: Madame Mayor, Council members we are not an annualized permit
through Elmore County. Our conditional use permit does not have a time limit on
it. Eric is right Elmore County did shut their landfill down. We do take all of
Elmore County's waste. We also operate the transfer station for the county and
in that there is no timeframe on the conditional use permit and the mitigation
agreement that we signed with them. We also, for your information we do pay
Elmore County a percentage that comes into our site. We do have a royalty or
tipping fee, whatever hosts fee it goes to the county, so county is very happy to
have us there at this point and it is a revenue string for them.
Nary: So, are your rates - essentially you are their franchised landfill for that?
Walker: That is correct.
Meridian City Pre-Council Meeting
October 4, 2005
Page 12 of 20
Nary: So those rates for what you pay them, are they tied then to the rates that
the city would have to pay?
Walker: We can determine the rates going into it. The way it is setup is on an
average per ton rate, we pay Elmore County a percentage of that per ton rate
whatever it is. Whether it's $4 a ton or $6 a ton; whatever that is we pay them on
a sliding scale. If it's $0 to $20, we pay them so much. If it's $20 to $30, we pay
a little bit more. If it's $30 to $40, we pay a little bit more. As you understand the
industrial waste frames are a lot more valuable or they pay a lot more money to
come to us than would a municipal waste (inaudible). So it's on a sliding scale.
Nary: Okay. Thank you.
De Weerd: Mr. President.
Wardle: Madame Mayor.
De Weerd: Now, those rates are on tonnage, but through all of the programs that
we are currently getting from Ada County also fit within that rate?
Weiss: Yes. I think basically we are going to take the waste from the city by the
cubic yard, so it is going to be apples to apples based upon the price that the City
of Meridian is paying Ada County, they would pay the same price for IWS. So,
when he said a tonnage rate, this is basically the other material that we received
into our landfill is by the ton.
De Weerd: That would maintain the hazardous waste and recycling, the
education partnership and all of that?
Weiss: Yes.
Wardle: Mr. Rountree.
Rountree: You mentioned you would match the programs that we have
established as it rates to recycling and household hazardous waste. Does that
include the cost or no cost - actually receipted revenues from that activity that
the City of Meridian currently enjoys and I didn't hear any mention about any
educational programs, which I personally find beneficial for the citizens.
Weiss: Council member the programs - what I would like to do is I would like to
sit down with city staff to better understand the programs. Basically, we want to
mirror to - to sit here today, we want to mirror the programs that Ada County has
provided you. Knowing a little bit about how the household hazardous waste
program is run, I understand based upon the collection of the curbside recycling,
pays for the residual that is paid from the material funds - the collection we
would be responsible for the disposal, yes, we are willing to take on that
/ '
(
Meridian City Pre-Council Meeting
October 4,2005
Page 13 of 20
program. I mentioned recycling programs, other than a curbside recycling
program, I know Ada County works on a wood waste-recycling program. All
those programs we would entertain the city staff to find out what programs are
working effective, which ones they like to look at improving and then figure out
how we go forward. So, to answer your question, yes, we would adopt those
programs. The education - that is something that we would work with. IWS
would work with your staff to figure out what would be the most optimal way of
handling that.
Rountree: Thank you.
Wardle: Council, we have one additional agenda item today. Are there any final
questions for Mr. Weiss?
Rountree: I had some questions for Ted.
Wardle: Mr. Hutchinson could you please come forward? Mr. Rountree?
Rountree: If the city chose to opt out of the county program and weren't
necessarily satisfied with the portion of the contractual arrangement with another
provider as it related to education and/or household hazardous waste, the mobile
program - would the city still be able to participate in that?
Hutchinson: Madame Mayor, Councilman Rountree the system that we have set
up right now is paid for by the users of the landfill. The residents of Ada County,
the businesses that come in that is who is actually paying for everything that we
do up there. There are no tax dollars supporting our operation. I think that would
be one I would have to run by the Board of County Commissioners as far as - I
think the educational opportunities that we have it would be a shame to ever see
those diminish, regardless of where the waste went. Ada County does have that
program in place and you are still part of Ada County and very much - I am sure
that we could probably work something out very well.
Rountree: If in the process of opting in the statute doesn't give the city a whole
bunch of leverage. What kind of insurance if we opt in can we get from the
county that we won't be confronted with the issue that we had in June or July as
related to instantaneous rate in creases that we had to deal with in a week,
without public involvement, without public hearings and that sort of thing, which I
personally thought was a pretty significant issue and the citizenry that is involved
in that should know about it and they should have some say in it and quite frankly
as an elected official, I thought it was a terrible activity that went on at the county.
I know the issue needed to be addressed, but to me that is just not good
government and it wasn't fair.
Hutchinson: That's one thing that we are addressing as we proceed forward.
We do have a long-term financial plan for the solid waste system in Ada County
Meridian City Pre-Council Meeting
October 4, 2005
Page 14 of 20
and it does include the now programmed increases so that we don't end up with
that one - those large hits like that. It is unfortunate that that did happen
because as our department was looking at our long-term needs and looking over
the horizon, we had approached the Board of County Commissioners several
times over the years to do increases. As you know, politics, what they are and
being an elected official and answering it's kind of a hot topic when you are
talking about-
(Tape turned over)
Hutchinson: -- for and it does become the political issue unfortunately. The new
program which the Board of County Commissioners has adopted has a
programmed set of increases in it that are much more manageable and far more
reasonable than what we just experienced. It is unfortunate that the big reason
that that increase was the size that it was has to do with the household
hazardous materials program. When we started collecting (inaudible) gray tubes,
picture tubes, computer monitors, television sets the cost of our program doubled
from what we were going before. We were running at about a half a million
dollars a year, which was very manageable within the budgets that we had.
When we added that one item it the waste stream, it went to over a million
dollars. So, it was a huge hit. Our wood waste is a subsidized program.
Unfortunately, it happened at one shot and we understand that very well, we
don't want to put you in that position. We don't like being in that position either,
having that big of an increase.
Rountree: I have two more questions if you will indulge me.
Hutchinson: I will keep my answers short.
Wardle: Yeah, you are eating into Mr. Siddoway's time. Mr. Rountree.
Rountree: You mentioned in your discussion, again, the word long-term financial
plan. What does that mean?
Hutchinson: Our long-term financial plan is for the minimum the life of the landfill
itself. So, we are looking at 100 plus years on our financial plan. We do have
built in there our trigger dates in there for closure costs - we have to have in an
account specified a certain amount that will cover post closure of any landfill and
we know - we got that figured out in the plan when those things are going to
happen, but it is long-term, 100 plus years.
Rountree: Ambitious. My last question is about the question liability
indemnification. IWS indicated that it would take two-thirds majority vote of the
county population in order to allow the county to indemnify. Has the county
considered that and what's the risk?
Meridian City Pre-Council Meeting
October 4,2005
Page 15 of20
Hutchinson: I don't think the county has really looked at the indemnification and
putting that out. We are looking at environmental liability insurance and in a fund
to make sure that we have money in the bank that will cover those costs and
again it's paid out of user fees and not additional fees in there. They point out
and they are rightly so is that the cradle to grave requirement on the waste, they
can indemnify you, but indemnification stops when their money runs out and then
it does go back to the people who placed waste in the landfill. Ada County has
the one benefit that we are a municipal solid waste landfill. That is all we take,
we don't take industrial waste. We know what is going into our landfill. We know
what those risks are and Ada County to this point is pretty - has stood up for -
enter remediation on anything that has occurred with existing landfill and the new
landfill will be state of the art, there is no doubt that it will have all of the
safeguards to prevent that. But, again, on the off chance, the county is looking at
doing long-term environmental insurance to help out to make sure that we don't
pass that through.
Rountree: In characterizing the risk and who might pay, you indicated that now
the users potentially could pay, but in the case of the county if and fact there was
a significant environmental issue to be dealt with the reality is that it probably
would be borne by each individual taxpayer in the county?
Hutchinson: That is correct and it's more or less that if they were looking for the
deep pocket it would go to - they would begin looking at records of how much
waste from this area went - from this municipality went in and would be
proportioned accordingly, It's a touch industry.
Wardle: I think Madame Mayor has one question.
De Weerd: I guess we have utilized Ada County for many decades. You have
provided a low cost and effective solid waste management program. Mr.
Rountree has raised a number of questions and certainly we do have a concern
and we would like an answer or response to great changes and how they will be
dealt with and if it's just based on the consumer index, inflation type of thing.
Those kinds of considerations. The second one, I guess, my primary concern
was raised tonight about whatever Boise is deciding and how that would impact
Ada County landfill and the rates. But, also about the second site. I participate
in all the public hearings and that one kind of came out of the blue at the tail end
of all of those public hearings. I want to know what kind of impact that would also
have. If BFI opens up a second sale on the south side, what kind of impact that
would also have on the ratepayers and how those charges would be distributed
and the help of your other programs if they would be at risk. Those are all
questions that we have.
Hutchinson: Absolutely, Madame Mayor and in our long-term financial plan we
have looked at this without BFI's participation in having a franchised landfill in
southeast Ada County and with the landfill being created. Fortunately, the way
(
Meridian City Pre-Council Meeting
October 4, 2005
Page 16 of 20
the numbers work out is if we split the waste and the interesting thing about it is
that it's a set amount that would go from - would be diverted in the waste stream
and that is 750 tons. That is about half of what we take in right now. If we
reduce our waste by half, we can reduce a number of our costs, but not all of the
operational costs - obviously not by half, but there is also a franchise agreement
with BFI regarding that landfill. The rates, I don't believe you would see other
than the programmed rates that are already our current rates and then the
program increases over time, I think it would probably be an excellent thing for
the city and the county to sit down and to let you see that financial plan and let
you see what our engineering services have worked out and again, we need to
make sure that the questions that you have raised are addressed. We have
every confidence that we can continue to provide the outstanding service that we
have done and actually improve any relationships that we have already. There is
just an excellent opportunity here to do that.
De Weerd: Just a follow up. We have a great relationship with you. I think,
though, we have had several things that have come up tonight. We also have a
solid waste advisory committee that probably needs to get together and discuss
this. We also have our solid waste provider here that as our attorney and I talked
prior to this is the decision that this body makes because I think by state code the
decision is that municipalities decision has a bottom line affect on our hauler as
well and so I think, Council that if you would like to get some of these key items
to our solid waste advisory committee. If you would also like me to work with Mr.
Sedlecek and Mr. Nary in identifying some of the questions that came up, ask
both of the presenters tonight for more clarification we can discuss at another
agenda item.
Hutchinson: With regard to that the solid waste advisory committee, Ada County
would be very interested in participating with that group, I mean it's something
that we are obviously as a disposal site in Ada County, we'd be very interested in
being able to assist your programs in anyway that we can and participation in
that advisory committee might be a really good way for us to make sure that
those channels are always open.
Nary: Mr. President, just one other addition I guess to that if I could. Has there
been any discussion with the County Commissioners about extending the gO-day
period?
Hutchinson: Madame Mayor, members of the Council, Mr. Nary state statute is
what we are operating on and like you say it came as a surprise to us-
Nary: But, state statute says that within gO days you should respond. It doesn't
say what happens if you don't.
Meridian City Pre-Council Meeting
October 4, 2005
Page 17 of 20
Hutchinson: You know, that might be something (inaudible) an attorney could
probably advise it that your response is we need to talk about it. That might be -
which would be a response that you know we need to talk about it.
Wardle: Mr. Nary, what is our deadline?
Nary: November 5th.
Hutchinson: We didn't like the looks of that when that cropped up either. It
added a stumbling block here and it's not something that we were very pleased
to see.
Wardle: Thank you. Council, I think we have got some good direction to bring
back some answers to questions. Thank you to all of our presenters. With that I
am going to wrap up our official trash talk session for Pre-Council agenda and
move to Item NO.5. Mr. Siddoway I am going to be providing you five minutes to
present some additional ideas to the Council and then we can certainly follow up
at a later time. I know we have a time limit on these.
Item 5.
Presentation of Meridian's Transportation Task Force Priority
List and Recommendations:
Siddoway: I know we are short on time, so my intent, if we have five minutes
would be to do three things. First introduce you to the draft list of transportation
priorities, review the highlights of that list and just ask how you would like to
proceed from here. You should have received through the Clerk's Office a memo
and the draft list of priorities. Did the Council receive those?
Bird: They are right on the deal.
Siddoway: I think you will find that the list is quite comprehensive. We have 30
potential projects listed on this year's list in comparison to last year's list had 13
projects listed on it. The Transportation Task Force has been meeting regularly,
monthly since March and there are various topics that were discussed at all the
meetings as defined in the memo. At our September meeting last month, the
task force compiled all the list of projects that had been talked about over those
months and went to a voting process to identify a draft priority list for Council's
consideration. That draft list was unanimously endorsed by the members of the
task force present that day. Our goal as you know is to have a final list to
COMPASS and ACHD by the end of October. That is our deadline to have a
prioritized list to them. A couple of items to review with you on the list - first is
the Ten Mile Interchange is and continues to be the number one priority on the
list. You will notice the glaring absence of the Locust Grove Overpass. We were
told by ACHD that since it is a funded project for this coming year that we do not
need to prioritize the '06 projects in with the others. So that is known very much
that it's a top priority. It's expected to move forward. We were told that it will
Meridian City Pre-Council Meeting
October 4, 2005
Page 18 of 20
move forward without being on the list this year, as it is funded and moving
forward in the coming year. The list includes a mix of projects that would be
done by ITD, by ACHD and on ACHD's end it includes both road projects and
intersection projects, all mixed together. One thing that I have done is gone
through the overall list and pulled out the top six projects that would be done by
each agency. The top six projects in order for ITD would be the Ten Mile
Interchange is number one. The rebuild of Meridian Road Interchange as
number two. The Linder Road Overpass as number three. The Eagle Road
corridor (inaudible) as number four. The State Highway 16 extension at
McDermott as number five and the widening of Chinden Road right behind it.
The ACHD projects, I think these are important to consider what order and which
projects should be in the top five in particular. The reason why that is important
is ACHD prioritization process that they go through after they receive our list is
the cities top five projects. We have 30, but the top five get bonus points in their
process. Those projects as currently proposed will include the downtown split
corridor - Pine from Meridian to Eagle. The third in order is the East 3rd
connection in downtown either to 3rd at 2 12 or straight through. In conversations
with ACHD that particular project would not receive bonus points per say
because it wouldn't be identified as a project that ACHD would do on their own.
It would be strictly a developer-funded project as properties redeveloped. They
would likely note our desire to have that done and move to the next one, which is
proposed as the Meridian Ustick intersection followed by the Ten Mile Road from
Overland to Ustick, followed by Franklin Road from Under to Ten Mile. So, we
have in there in those top projects the Ten Mile Road improvements and the
Franklin Road improvements from Linder to Ten Mile in preparation for the Ten
Mile Interchange. Finally and I guess I won't read through them all, but the north
Meridian intersections I did put in the memo, just one thing - there has been a lot
of discussion about trying to get the north Meridian intersections built ahead of
the road improvements because we know the road improvements are costly, they
are farther out than we feel we can wait and the real bottlenecks today are at the
intersections, which are all four-way stops. So, all of the intersections were
pulled out independently and prioritized in with all the various road projects and I
have provided for you the order that they fell out. A general observation is that
the priority projects went to those that increase capacity; those that were deemed
as more beautification oriented such as the Eagle Road corridor improvements or
others that might be on the edge like Chinden received less weight than those
that were central to the city and adding capacity to the system. They also
expressed that every one of those 30 are a high priority and it was frankly tough
to figure out which ones ought to be first. But, nonetheless we have a draft list
and I can respond to any questions about it now or we can just figure out how
you would like to proceed, whether you would like to have another Pre-Council
workshop or whether you would like to have it as a department report for action
at a Council meeting. What's your pleasure?
Wardle: Steve, before I ask the Council their preference, one of my questions is
what are the odds that we may get some signalization effort in north Meridian
Meridian City Pre-Council Meeting
October 4, 2005
Page 19 of 20
before those improvements come in. Is there an opportunity for ACHD to do
something temporary to mitigate some of those concerns?
Siddoway: To get signals ahead of what the road projects?
Wardle: Well, yes, both signalization ahead of the road project and any
temporary signalization. I have seen Ada County do it before, not in the City of
Meridian, but-
Siddoway: They are very willing to talk about signalization ahead of the road
projects. They just recently pulled the Linder - Ustick intersection out from the
Under Road project because the road project is in the five-year program for
2009. You have been listening to us and our desire to get the intersections
approved ahead of schedule if possible. They have pulled it separate from the
road project and it has just started design on its own. I don't think that they are
interested in doing temporary signalization. They would prefer to build those
intersections the way that they will be at their ultimate build out with left-turn
lanes, through lanes, etc. A lot of the current two-lane configurations just don't
accommodate good traffic movement if we were to just put up a signal under the
current configuration, so their intent would be to purchase the right-of-way
needed to get the intersection built at its ultimate configuration.
Wardle: My preference would be for the Council to take a look at these items,
provide any feedback response and then potentially to bring that back as a
department report for action with any additional questions needed. Council, your
thoughts on this?
Bird: Mr. President.
Wardle: Mr. Bird.
Bird: I whole-heartedly agree with, but I believe we need to do it on the 18th so
that we can get it by the first to them. I would be favorable to just putting it on the
department report. Or we could come at 6:00 early on the Pre-Council and do it
that way we have got plenty of time to discuss and stuff and not hold the public
up that is here for testimony and stuff. I would be willing to do it either way. Your
decision.
Wardle: Okay. I'll tell you what we will do, we will have it on the 18th either as a
Pre-Council department report depending on the issues that we have seen,
questions that you have, we will either take an hour or we will take a department
report and we will have done the 18th.
De Weerd: Mr. Chairman.
Wardle: Madame Mayor.
(-
Meridian City Pre-Council Meeting
October 4, 2005
Page 20 of 20
De Weerd: I would ask that Council if you have any questions, if you foresee any
bottlenecks or issues, if you will get those to Steve so we can have a good
presentation in answering those and making some recommendations on how to
proceed.
Siddoway: I could both come prepared for those questions if I got them ahead of
time. I could also if there are specific requests that certain things be moved, I
could take a stab ahead of time at a revised list if Council members wanted.
Wardle: We will see how much work the Council has got into that and if we need
a round table discussion we will have it at 6:00. Thank you.
Siddoway: Okay, great. Thank you.
Wardle: With that we are at the end of our agenda and over our appointed time, I
would consider a motion to adjourn.
Rountree: So moved.
Bird: Second.
Wardle: It's been moved and seconded to adjourn the meeting. All in favor?
THREE AYES. ONE ABSENT. MOTION CARRIED.
MEETING ADJOURNED AT 7:15 P.M.
(TAPE ON FILE OF THESE PROCEEDINGS)
APPROVED:
II / I / tJ S-
DATE APPROVED
Page 1 of2
Sharon Smith
From: Joshua Wilson
Sent: Thursday, October 27,20055:28 PM
To: Jessica Johnson; Tara Green; smiths@meridiancity.org; 'hillm@meridiancity.org'
Subject: FW: Magic View Development
For the Conger Management file (CPA-05-002)
From: Brad Hawkins-Clark [mailto:bhc-homeoffice@mindspring.com]
Sent: Thursday, October 27/ 2005 5:16 PM
To: Joshua Wilson
Subject: RE: Magic View Development
nope
From: Joshua Wilson [mailto:wilsonj@cityofmeridian.org]
Sent: Thursday, October 27/20055:14 PM
To: Brad Hawkins-Clark
Subject: RE: Magic View Development
Brad- did you forward this to the Clerks?
From: Brad Hawkins-Clark [maifto:bhc-homeoffice@mindspring.com]
Sent: Thursday, October 27/ 2005 5:05 PM
To: Joshua Wilson
Subject: FW: Magic View Development
Josh - FYI on Conger CPA
Brad
From: RichnLois@aol.com [mailto:RichnLois@aol.com]
Sent: Thursday, October 27, 2005 4:14 PM
To: wardles@meridiancity.org; rountree@meridiancity.org; dirdk@meridiancity.org; gardnerp@meridiancity.org;
donnellc@meridiancity.org; deweerdt@meridiancity.org
Cc: siddoway@meridiancity.org; hawkinsb@meridiancity,org; canninga@meridiancity.org
Subject: Magic View Development
Dear Sirs:
When making its decisions, does the City Council truly consider the opinion of those impacted by a
particular proposed action? If so,please be aware there is almost unanimous rejection by next door neighbors of
the rezone application which will allow high density residential development in Magic View. Nearly 250 residents
of Woodbridge signed a petition requesting such rejection.
This does not reflect anything against Conger Development. They have simply found a property which
can produce the desired return on investment, especially if government can be persuaded to make an arbitrary
decision in their favor.
10/28/2005
Page 2 of2
The core issue is whether the rules should be changed after the game has begun. Most of us who selected
Woodbridge as our community did not ask what would be built on adjacent property. We simply looked at all the
For Sale signs and were told they meant commercial/office development similar to that already present in the
area.
It is obvious that if the present rezone is approved, all remaining property in Magic View would be eligible for
similar action. High density residential development would greatly increase traffic, reduce the uniqueness of
Woodbridge and its quality of life, with eventual reduction of property values--all as a result of arbitrary decisions
of government.
We are not elitists. We simply chose a home community based on the rules in place. We do not ask for special
favors, only to be treated fairly based on governance decisions already existing.
The fundamental issue is one of ethics. We admit that you have the power to make decisions which will
adversely impact Woodbridge residents. Only you can decide whether the long term loss of respect for your
authority is worth the short term expedience of this project.
Please seriously consider the unintended consequences of ignoring the concerns of an entire community.
Respect and trust are of much greater worth than financial return on investment.
With hope.
Richard E. Carlson
10/2R/200(i
** TX CONFI~,.,,.,(ION REPO~T **
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DATE TIME TO/FROM MODE MIWSEC PGS CMDI* STATUS
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23 09/30 17:23 PUBLlC WORKS EC--S 00'23" 001 042 OK
25 09/30 17:278841159 EC--S 00'24" 001 042 OK
26 09/30 17:28 2088840744 EC--S 00'23" 001 042 OK
27 09/30 17:29 POLlCE DEPT EC--S 00'23" 001 042 OK
28 09/30 17: 30 8985501 EC--S 00' 23" 001 042 OK
29 09/30 17:30 LIBRARY EC--S 00'27" 001 042 OK
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PRE~COUNCIL MEETING
AGENDA
Tuesday, October 4, 2005, at 6:00 p.m.
City Council Chambers
33 East Idaho Avenue, Meridian, Idaho
1. Roll-call Attendance:
Shaun Wardle Christine Donnell
=== Charlie Rountree - Keith Bird
- Mayor Tammy de Weerd
2. Adoption of the Agenda:
"Although the City of Meridian no longer requires sworn testimony, a/l
presentations before the Mayor and City Council are expected to be truthful and
honest to best of the ability of the presenter. "
3. Presentation on Construction of New Cell at Hidden Hollow by Ada
County Landfill:
(10 minutes*)
4. Presentation on Waste Disposal Facility In Elmore County by Idaho
Waste Systems:
(10 minutes*)
5. Presentation of Meridian's Transportation Task Force Priority List
and Recommendations:
(10 minutl~s*)
.. 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 Meating Agenda - October T 1, 2005 Paga 1 of 1
All materials preSented at public meetings shall become property or Ihe City or Meridian.
Anyone desiring accommol;lation for disabilities related 10 documents and/or hearing,
please contact the City Clerk's Office at 688-4433 alleast 48 hours prior to the pUblic meeting.
(
** TX CONF I ,,", .... r ION REPORT **
SEP 30
C[TY OF MERIDIAN
DATE TIME TO/FROM MODE MIN/SEC PGS ~:~ll S~~TUS
:~ :~;;: ~~~;; ~k~0~~:; ~;==~ :::~~:: ::~ ::~ ~
:; :~;;: ~~~;* ~~~ ~~~ ~~C~LMT ~~==~ :::~;:: ::~ 042 ~
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:~ :~;;: ~~~:~ ~~A:E~~H~~;~GN~ ~g==~ :::~~:: ::~ ::~ a<
~; :~;;: ~;:;~ ~~~~8~~~RTMENT ====~ :::~~:: ::~ ::~ B~
-----------------------------~~~:_~~:~~=~~-~:_:~~==-~~-~=~~~~-------------------------------
'~leMt' 'Pos-\- fC( 'PJb\1 C N 01- (c-! '-1h.co"\ V
C>k;;;dl~~~ "
'~~~,:l~:~(~
PRE-COUNCIL MEETING
AGENDA
Tuesday, October 4,2005, at 6:00 p.m.
City Council Chambers
33 East Idaho Avenue, Meridian, Idaho
1. Roll-call Attendance:
Shaun Wardle Christine Donnell
== Charlie Rountree - Keith Bird
- Mayor Tammy de Weerd
2. 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 on Construction of New Cell at Hidden Hol/ow by Ada
County Landfill:
(10 minutes*)
4. Presentation on Waste Disposal Facility In Elmore County by Idaho
Waste Systems:
(10 minutes*)
5. Presentation of Meridian's Transportation Task Force Priority List
and Recommendations:
(10 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 Meoting Agenda - October T 1,2005 Page 1 of 1
All materials presentee! af public meetings shall become properly or the City of Meridian.
Anyone desirIng aCcommoclation for disabilities related to documents andlor l:iearing,
please contact !he City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting.
DATE TIME TO/FROM
135 139/313 17' 131 38101613
06 09/30 17:132 PUBLlC WORKS
137 139/313 17:04 20888413744
08 09/313 17:135 POLlCE DEPT
139 139/313 17: 136 89855131
113 139/313 17: 07 L 1 BRAAY
11 09/30 17:09 921383776449
12 139/30 17: 10 3886924
13 09/30 17: 11 P-AND-Z
14 09<l0 17' 12 FIRE DEPT
15 139/3El 17: 13 12830013413
16 09/'313 17: 15 208 387 6393
17 El9/313 17: 16 ADA CTY DEVELMT
18 09/313 17: 17 213888851352
19 09/313 17: 18 lDAHO ATHlETIC C
2El 09/'3El 17:213 lD PRESS TRIBUNE
21 139/'3\3 17:21 20088867131
24 El9/'30 17: 26 8841159
ClTY OF MER1DIAN
MODE MINrSEC PGS
EC--S 01'04" 002
EC--S el0'40" 0132
EC--S 00'41" 002
EC--S el0' 41" 002
EC--S 0\3'39" 002
EC--S 130'51" 13132
EC--S 00'40" 002
EC--S 00' 40" 0132
EC--S 00' 39" 002
EC--S 0\3'4\3" 002
G3--S 00'513" 0132
EC--S 00' 413" 002
EC--S e13'40" 13132
EC--S 013' 40" 002
EC--S ee'413" <1<12
EC--S 00'40" 002
EC--S 130' 4<1" 002
EC--S 1313'413" 0e2
CMDll STATUS
041 OK
1341 OK
<141 OK
1341 OK
1341 OK
041 OK
041 OK
041 OK
041 OK
1341 OK
1341 OK
<141 OK
1341 OK
1341 OK
041 OK
041 OK
041 OK
1341 OK
--.......__...._--------_...._---------~----------.........._-----...__..._----------...-------.....-....--------...-----
oU;;;dl:n ~\
\c, "','11(\ .;/
~
MAYOR
rammydp'W~",rl
CITY COUNCIL MEMBERS
Keitl,llird
Christine ))onnel1
Charles M. Roum.~c
81",ul1 Wardle
CITY D!;l'AR:r'M~Nl;;
Fire
5-10 E. Fronklin Road
333-1234 / fa>; 895-0390
p,,"k,,; &: Reer.a tiM
11 W. lX'wer Street
888-$579/ fox HI/li-SSOI
P/,;mnlng
660 E. Walcrtnw,~r Lane
Suite 202
884-5533/ {ax 8HH-6H44
Police
1401 E. Waterruwer Lane
888.6678 /845-7366
Public Works
660 1". Watertower lane
Suite 2110
898-5500/ fax 598-9551
- Guildinjl
660 E. Wale110wer Lan.
Suit.> ISO
857-2211 / fax 887-12g7
- Wastewaler
3401 N. Ten Mile Ruad
~~B.2191 / f~x 884-07<<
- W.ntel"
2235 N. W. 8th Street
88~-5242 I f~~ 8114-1159
NOTICE OF PRE-COUNCIL MEETING
MERIDIAN CITY COUNCIL
NOTICE IS HEREBY GIVEN that the City Council of the City of
Meridian will hold a Pre-Council Meeling at City Council Chambers,
Meridian City Hall, 33 East Idaho Avenue, Meridian, Idaho, on Tuesday,
October 4, 2005 at 8:00 P.M. The Meridian City Council will be
discussing the following agenda items:
Presentation on Construction of New CEJIl at Hidden Hollow by
Ada County Landfill;
Presentation on Waste Disposal Facility in Elmore County by
Idaho Waste Systems:
PresEJntation of Meridian's Tmnsportation Task Force Priority
List and Recommendations:
The public is welcome to attend the meeting.
DATED this 30th day ~ September, 2005.
JdL;,b.~.~ '
WILLIAM G. BERG, R. - CllY CLERK
Me(jdien city Pr(~-Council Mealing Agenda - October 4, 2005 Page 1 of 1
All malerials presenlGd at public meetings shall boeome property of tile Cily of Meridian.
Anyone desiring accommodefion for di~abilities related to documents end/or hOllrings.
pleaso CQntQ~ tho Cfty Clork's Oll\oo at S6S--4433 at 19iilot 49 houl'l; prior to the public me8\iog.
CITY HALL 33 EAST TDMIO AnNUE MERIDIAN, IDAHO 83642 (208) 888-4433
C.1T\'C1.r:~K . I'M~~~.m~ C:l'lV A!TORNEY {HRwFAX$&.l-372l FINANCE.klJTILTl'Ymr.LTNC; -rAXM1-4A13 MAVOR.~Ol'FlC~-rAx8...61'9
l':inlcd on rti:yt:kd pJpcr
Revised 10-3-05
CITY OF MERIDIAN
CITY COUNCIL REGULAR MEETING
AGENDA
Tuesday, October 4,2005 at 7:00 p.m.
City Council Chambers
33 East Idaho Avenue, Meridian, Idaho
1. Roll-call Attendance:
--L Shaun Wardle ~ Christine Donnell
--L Charlie Rountree -L Keith Bird
-L Mayor Tammy de Weerd
2. Pledge of Allegiance: Alec Scott
3. Community Invocation by Pastor Shawn Regan:
4. Adoption of the Agenda: Approve as Amended
5. Consent Agenda:
A. Approve Minutes of July 26, 2005 City Council Special Meeting:
Approve
B. Approve minutes of September 6, 2005 City Council Regular
Meeting: Approve
C. Findings of Fact and Conclusions of Law for Approval: AZ 05-
016 Request for Annexation and Zoning of 28.65 acres from RUT
to R-15 and L-Q zones for Silver Oaks Subdivision by Charter
Builders, Inc. - north of West Frank[in Road and west of North Ten
Mile Road: Table to October 11, 2005
D. Findings of Fact and Conclusions of Law for Approval: CUP
05-024 Request for a Conditional Use Permit for a Planned
Development for multi-family / clubhouse / office / daycare
development with no minimum street frontage and mu[tiple
buildings on a single [at on 28.65 acres in proposed R-15 and L-Q
zones for Silver Oaks Subdivision by Charter Builders, Inc. -
north of West Franklin Road and west of North Ten Mile Road:
Table to October 11, 2005
Meridian City Council Meeting Agenda - October 4, 2005 Page 1 of 5
All materials presented at public meetings shall become property of the City of Meridian.
Anyone desiring accommodation for disabilities related to documents and/or hearing,
please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting.
Revised 10-3-05
E. Findings of Fact and Conclusions of Law for Approval: PP 05-
023 Request for Preliminary Plat approval for 1 multi-family
residential building lot and 1 commercial office lot on 28.6 acres in
proposed R-15 & L-Q zones for Silver Oaks Subdivision by
Conger Management Group - west of Ten Mile Road and north of
West Franklin Road: Table to October 11, 2005
F. Development Agreement: AZ 05-018 Request for Annexation
and Zoning of 29.18 acres to R-4, R-8 & R-15 zones for
Westborouah Sauare Subdivision by JLJ Enterprises, Inc. - SEC
of Jericho Road and Chinden Boulevard: Approve
G. Development Agreement: AZ 05-027 Request for Annexation
and Zoning of 5.502 acres to R-8 zone for Maxfield Subdivision
by The Land Group - 3295 East Falcon Drive: Approve
H. Water Main Easement Aareement for Track Utilities Office by
Buffalo Hump, LLC: Approve
Water Main Easement Aareement for Mountain West Bank:
Approve
J. Water Main Easement Aareement for Chicaao Connection by
CC Investment Properties: Approve
K. Water Main Easement Aareement for Stow-It Mini Storaae:
Approve
L. Sanitary Sewer and Water Main Easement Aareement for
Redfeather Estates No.2 by Packard Estates Development,
LLC: Approve
M. Award of Bid for Wastewater Treatment Plant Facilitv
Expansion to JC Constructors, Inc.: Approve
N. License Aareement with Nampa Meridian Irriaation for the
Black Cat Trunk Sewer Phase 1 Proiect.: Approve
O. Black Cat Trunk Sewer and Lift Station Proiect Addendum No.
~ with JUB Engineers: Approve
P. Aareement for Professional Services with BRS Architects for
Scope of Services for Water Division Building: Approve
Q. Water Main Easement Aareement for Carrabba's Italian
Restaurant by EP Crossing, LLC: Approve
Meridian City Council Meeting Agenda - October 4, 2005 Page 2 of 5
All materials presented at public meetings shall become property of the City of Meridian.
Anyone desiring accommodation for disabilities related to documents and/or hearing,
please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting.
Revised 10-3-05
R. Memorandum of Understandina for Hookup to the City of
Meridian's Sewer I Water System Outside the City Limits with
JLJ Enterprises. Inc.: Approve
S. Approve August Financial Report: Approve
T. Approve Contract for Economic Development Coordinator:
Approve
6. Department Reports:
A. Human Resources Department - Bill Nary
1. Benefits for Fiscal Year 2006: Approve
B. Mayor's Office
1. Proclamation for Crime Prevention Month: Read
2. Parks and Recreation Commission Appointments:
Andee Stockton -- October 2008
Creg Steele -- October 2008
3. Special Meeting with Kuna City Council and DEQ:
October 25, 2005 at Noon at 1445 N. Orchard, Boise
4.
Proclamation for Fire Prevention Month:
Read
C. Parks Department - Doug Strong
1. Discussion of Land and Water Conservation Fund grant
for Splash pad at Meridian Settler's Park: Further
Discussion
D. Fire Department - Ron Anderson
1. Grant
2. Update on Fire Station No.4
7. Items Moved from Consent Agenda:
"Although the City of Meridian no longer requires sworn testimony, all
presentations before the Mayor and City Councif are expected to be truthful and
honest to best of the ability of the presenter. "
Meridian City Council Meeting Agenda - October 4, 2005 Page 3 of 5
All materials presented at public meetings shall become property of the City of Meridian.
Anyone desiring accommodation for disabilities related to documents and/or hearing,
please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting.
Revised 10-3-05
8. Continued Public Hearing from September 13, 2005: 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: Prepare new Findings of Fact and
Conclusions of Law for Approval
9. Continued Public Hearing from September 13, 2005: 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: Prepare
new Findings of Fact and Conclusions of Law for Approval
10. Continued Public Hearing from September 13, 2005: 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: Prepare new Findings of Fact and Conclusions of Law for
Approval
11. Public Hearing: AZ 05-026 Request for Annexation and Zoning of 15.32
acres from RUT to R-8 zone for Hollvbrook Subdivision by Hollybrook,
LLC - 3265 North Curt Drive and 540 East Ustick Road: Approve
Findings of Fact and Conclusions of Law for Approval
12. Public Hearing: PP 05-025 Request for Preliminary Plat approval of 56
building lots and 6 common lots on 15.32 acres in a proposed R-8 zone
for Hollvbrook Subdivision by Hollybrook, LLC - 3265 North Curt Drive
and 540 East Ustick Road: Approve Findings of Fact and Conclusions
of Law for Approval
13. Public Hearing: CUP 05-033 Request for Conditional Use Permit for a
Planned Development for single-family detached units and single-family
attached units with a request for reductions in lot sizes, minimum street
frontage and zero lot line side yard setback for Hollvbrook Subdivision
by Hollybrook, LLC - 3265 North Curt Drive and 540 East Ustick Road:
Approve Findings of Fact and Conclusions of Law for Approval
14. Public Hearing: 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: Approve Findings of Fact
and Conclusions of Law for Approval
Meridian City Council Meeting Agenda - October 4,2005 Page 4 of 5
All materials presented at public meetings shall become property of the City of Meridian.
Anyone desiring accommodation for disabilities related to documents and/or hearing,
please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting.
Revised 10-3-05
15. Public Hearing: PP 05-036 Request for Preliminary Plat approval of 22
single family residential lots and 3 other lots on 3.57 acres in a proposed
R-8 zone for Breinholt Subdivision by Richard and Susan Breinholt -
2580 North Meridian Road: Approve Findings of Fact and Conclusions
of Law for Approval as Amended
16. Public Hearing: AZ 05-034 Request for Annexation and Zoning of 7.89
acres from RUT to R-8 zone for Cavmus Cove Subdivision by Landmark
Engineering and Planning, Inc. - 2745 McMillan Road: Approve
Findings of Fact and Conclusions of Law for Approval
17. Public Hearing: PP 05-033 Request for Preliminary Plat approval of 27
single-family residential building lots and 4 other common area lots on
7.89 acres in a proposed R-8 zone for Cavmus Cove Subdivision by
Landmark Engineering and Planning, Inc. - 2745 McMillan Road:
Approve Findings of Fact and Conclusions of Law for Approval
18. Public Hearing: VAR 05-014 Request for a Variance to exceed the
maximum block length and cul-de-sac length for Cavmus Cove
Subdivision by Landmark Engineering & Planning, Inc. - 2745 McMillan
Road: Approve Findings of Fact and Conclusions of Law for
Approval
19. Ordinance No. 05-1186 AZ 05-018 Request for
Annexation and Zoning of 29.18 acres to R-4, R-8 & R-15 zones for
Westborouah Sauare Subdivision by JLJ Enterprises, Inc. - SEC of
Jericho Road and Chinden Boulevard: Approve
20. Ordinance No. 05-1187 AZ 05-027 Request for
Annexation and Zoning of 5.502 acres to R-8 zone for Maxfield
Subdivision by The Land Group - 3295 East Falcon Drive: Apprcwe--
21. Ordinance No. 05-1188 :
Pseudophedrine Products: 1st Reading
Distribution
of
22. Executive Session per Idaho State Code 67-2345(1)(c) (to conduct
deliberations concerning labor negotiations or to acquire an interest in real
property, which is not owned by a public agency):
Meridian City Council Meeting Agenda - October 4, 2005 Page 5 of 5
All materials presented at public meetings shall become property of the City of Meridian.
Anyone desiring accommodation for disabilities related to documents and/or hearing,
please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting.
Revised 10-3-05
CITY OF MERIDIAN
CITY COUNCIL REGULAR MEETING
AGENDA
Tuesday, October 4,2005 at 7:00 p.m.
City Council Chambers
33 East Idaho Avenue, Meridian, Idaho
1. Roll-call Attendance:
~ Shaun Wardle 0 Christine Donnell
~ Charlie Rountree =x= Keith Bird
~ Mayor Tammy de Weerd
2.
Pledge of Allegiance:
11/[1/ SCIfFff
3. Community Invocation by Pastor Shawn Regan:
4. Adoption of the Agenda: Cv~v-e- a r a~
5. Consent Agenda:
A. Approve Minutes of July 26,2005 City Council Special Meeting: ~~tI'-<--
B. Approve minutes of September 6, 2005 City Council Regular
Meeting: afl/~
C. Findings of Fact and Conclusions of Law for Approval: AZ 05-
016 Request for Annexation and Zoning of 28.65 acres from RUT
to R-15 and L-O zones for Silver Oaks Subdivision by Charter
Builders, Inc. - north of West Franklin Road and west of North Ten
Mile Road: -!aUt fp tJd. //1 'h?()~
D. Findings of Fact and Conclusions of Law for Approval: CUP
05-024 Request for a Conditional Use Permit for a Planned
Development for multi-family I clubhouse I office I daycare
development with no minimum street frontage and multiple
buildings on a single lot on 28.65 acres in proposed R-15 and L-O
zones for Silver Oaks Subdivision by Charter Builders, Inc. -
north of West Franklin Road and west of North Ten Mile Road:
fa b{e, It; dc-f-. /{ /l-t:JoS-
E. Findings of Fact and Conclusions of Law for Approval: PP 05-
023 Request for Preliminary Plat approval for 1 multi-family
residential building lot and 1 commercial office lot on 28.6 acres in
Meridian City Council Meeting Agenda - October 4,2005 Page 1 of 5
All materials presented at public meetings shall become property of the City of Meridian.
Anyone desiring accommodation for disabilities related to documents and/or hearing,
please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting.
Revised 10-3-05
proposed R-15 & L-Q zones for Silver Oaks Subdivision by
Conger Management Group - west of Ten Mile Road and north of
West Franklin Road: -nbtt CJc.h I~ '2## S-
F. Development Agreement: AZ 05-018 Request for Annexation
and Zoning of 29.18 acres to R-4, R-8 & R-15 zones for
Westborouah Sauare Subdivision by JLJ Enterprises, Inc. - SEC
of Jericho Road and Chinden Boulevard: ~~
G. Development Agreement: AZ 05~027 Request for Annexation
and Zoning of 5.502 acres to R-8 zone for Maxfield Subdivision
by The Land Group - 3295 East Falcon Drive: ~~
H. Water Main Easement Aareement for Track Utilities Office by
Buffalo Hump, LLC: a-~V'J-
Water Main Easement Aareement for Mountain West Bank: ~,y-e;;'~
J. Water Main Easement Aareement for Chicaao Connection by
CC Investment Properties: ~vu--
K. Water Main Easement Aareement for Stow-It Mini Storaae: ~~
L. Sanitarv Sewer and Water Main Easement Aareement for
Redfeather Estates No.2 by Packard Estates Development,
LLC: ~VU!-'
M. Award of Bid for Wastewater Treatment Plant Facilitv
Expansion to JC Constructors, Inc.: ~v<-
N. License Aareement with Namoa Meridian Irriaation for the
Black Cat Trunk Sewer Phase 1 Project.: ~~
O. Black Cat Trunk Sewer and Lift Station Proiect Addendum No.
~ with JUB Engineers: ~v.<-
P. Aareement for Professional Services with BRS Architects for
Scope of Services for Water Division Building: ~~
Q. Water Main Easement Aareement for Carrabba's Italian
Restaurant by EP Crossing, LLC: ~tJv'-'"-
R. Memorandum of Understandina for Hookuo to the Citv of
Meridian's Sewer I Water Svstem Outside the City Limits with
JLJ Enterorises.lnc.: 4f'~~
Meridian City Council Meeting Agenda - October 4, 2005 Page 2 of 5
All materials presented at public meetings shall become property of the City of Meridian.
Anyone desiring accommodation for disabilities related to documents and/or hearing,
please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting.
Parks and Recreation Commission Appointments:
Andee Stockton IJdJ 2do 8
Creg Steele ad. 20&/3
Special Meeting with Kuna City Council and DEQ: cg ,If/~
@ 14-45 N. &>r~d..-/~,~ tJc:.:f.Jo 2-5j 2Pt:J5
"- _ L J') It"~,, 4. Proclamation for Fire Prevention Month: r~
FI'.,€- {;}C/f r....' \.~ f J 1 Ul(}Vt.JtI""1-" .s fr(ivv /t..':}--
z--t-tf ~ C. Parks Department - Doug Strong
~ f-lM1rrwe4-
I-cr-~
Revised 10-3-05
S. Approve August Financial Report: ;v~v'<-
T. Approve Contract for Economic Develooment Coordinator: ~vv-/
6. Department Reports:
A. Human Resources Department - Bill Nary
1. Benefits for Fiscal Year 2006: aj?I'APVU---
B. Mayor's Office
1. Proclamation for Crime Prevention Month: reli-d-
2.
3.
1.
Discussion of Land and Water Conservation Fund grant
for Splashpad at Meridian Settler's Park: ~tvt-lf.-vt ctiJ'w.f's/())v
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."
8.
Continued Public Hearing from September 13, 2005: 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:tre(ld/tl N,I-J -I'll -I ctt lJn.-~r~v~
Continued Public Hearing from September 13, 2005: 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-B zone for Crossfield Subdivision by
Packard Estates Developrpent, LLC - 955 West Ustick Road:
j'fJYefJiVIL I'\.R-w rl-f f c-/...t .fqr "l~V~
Continued Public Hearing from September 13, 2005: CUP 05-022
Request for a Conditional Use Permit for a Planned Development for
9.
10.
Meridian City Council Meeting Agenda - October 4, 2005 Page 3 of 5
All materials presented at public meetings shall become property ofthe 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.
Revised 10-3-05
11.
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: fJYep~ It-l/#/lfl e/f .fv-r(A,ffWbV~
Public Hearing: AZ. 05-026 Request for Annexation and Zoning of 15.32
acres from RUT to R-B zone for Hollvbrook Subdivision by Hollybrook,
LLC - 3265 North Curt DrjY~..and 540 East Ustick Road:
t:t-ff'PV-0.,c/.f-~ cl./ rf[?y- ~v~
Public Hearing: PP 05-025 Request for Preliminary Plat approval of 56
building lots and 6 common lots on 15.32 acres in a proposed R-B zone
for Hollvbrook Subdivision by Hollybrook, LLC - 3265 North Curt Drive
and 540 East Ustick Road: ~vX.. -/'1121 cl-/ -/7v-~rY27v~
Public Hearing: CUP 05-033 Request for Conditional Use Permit for a
Planned Development for single-family detached units and single-family
attached units with a request for reductions in lot sizes, minimum street
frontage and zero lot line side yard setback for Hollvbrook Subdivision
by Hollybrook, LLC - 3265 Npfth Curt Drive and 540 East Ustick Road:
;v~v-e. .r;r( cl"" firy~VM-
Public Hearing: 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 Noft.h Meridian Road:
~DV'C ~/~l"c;l..( h-v~~
Public Hearing: PP 05-036 Request for Preliminary Plat approval of 22
single family residential lots and 3 other lots on 3.57 acres in a proposed
R-8 zone for Breinholt Subdivision by Richard and Susan Breinholt _
25BO North Meridian Road: ~vx-.plf- -I cl~ ..fTy-~ ~.r It~
Public Hearing: AZ. 05-034 Request for Annexation and Zoning of 7.89
acres from RUT to R-8 zone for Cavrnus Cove Subdivision by Landmark
Engineering and Planning, Inc. - 2745 McMillan Road: ~
~~yoL ./1;:' { d.< H-r a-(1}v^O{./.
Public Hearing: PP 05-033 Request for Preliminary Plat approval of 27
single-family residential building lots and 4 other common area lots on
7.B9 acres in a proposed R-B zone for Cavmus Cove Subdivision by
Landmark Engineering and Planning, Inc. - 2745 McMillan Road:
~p~/r! .pI./-- ( e-I,;{ rr- ~v.....e..-
Public Hearing: VAR 05-014 Request for a Variance to exceed the
maximum block length and cul-de-sac length for Cavrnus Cove
Subdivision by Landmark Engineering & Planning, Inc. - 2745 McMillan
Road: ~ -/'/1- Ie/..-/' Iirr ?p'<9V4.A--
Ordinance No. t9 S-- /18 6 AZ 05-018 Request for
Annexation and Zoning of 29.18 acres to R-4, R-8 & R-15 zones for
12.
13.
14.
15.
16.
17.
18.
19.
Meridian City Council Meeting Agenda - October 4, 2005 Page 4 of 5
All materials presented at public meetings shall become property of the City of Meridian.
Anyone desiring accommodation for disabilities related to documents and/or hearing,
please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting.
22. p(
Revised 10-3-05
20.
Westborouah Sauare Subdivision by JLJ Enterprises, Inc. - SEC of
Jericho Road and Chinden Boulevard: ~V'-<L
Ordinance No. &5""- / ( fJ 7 AZ 05-027 Request for
Annexation and Zoning of 5.502 acres to R-8 zone for Maxfield
Subdivision by The Land Group - 3295 East Fa[con Drive: ~tio-A-'
Executive Session per Idaho State Code 67-2345(1)(c) (to conduct
deliberations concerning labor negotiations or to acquire an interest in real
property, which is not owned by a public agency):
;?r.
tflrd~ J..k;,. ()~ -/It}fj ! 1>)'stn~vVh~ or
-/s-euc(tJepltedr,"M.. ;Jf?J6-c+.r ( (f? rcadn(;
Meridian City Council Meeting Agenda - October 4, 2005 Page 5 of 5
All materials presented at public meetings shall become property of the City of Meridian.
Anyone desiring accommodation for disabilities related to documents and/or hearing,
please contact the City Clerk's Office at 888-4433 at feast 48 hours prior to the public meeting.
October 21 , 2005
MERIDIAN CITY COUNCIL MEETING
APPLICANT
October 25, 2005
ITEM NO.
5-8
REQUEST Approve Minutes of October 4,2005 City Council Regular Meeting
AGENCY COMMENTS
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
CITY WATER DEPT:
CITY SEWER DEPT:
CITY PARKS DEPT:
MERIDIAN SCHOOL DISTRICT:
ADA COUNTY HIGHWAY DISTRICT:
SANITARY SERVICE COMPANY
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETfLERS IRRIGATION:
I DAHO 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 4. 2005
The regular meeting of the Meridian City Council was called to order at 7:20 P.M.,
Tuesday, October 4, 2005, by Mayor Tammy de Weerd.
Members Present: Tammy de Weerd, Keith Bird, Shaun Wardle, and Charlie Rountree.
Members Absent: Christine Donne[1.
Others Present: Bill Nary, Will Berg, Anna Canning, Len Grady, Ron Anderson, Joe
Silva, Doug Strong, Bill Musser, and Dean Willis.
Item 1:
Roll-call Attendance:
Roll call.
-L Shaun Wardle _Christine Donnell
-L Charlie Rountree --1L-Keith Bird
---1L- Mayor Tammy de Weerd
De Weerd: Okay. I will go ahead and call the City Council regular meeting to order. It
is Tuesday, October 4th. It is 7:20. I'd like to welcome you all. We wil[ start the
meeting tonight with roll call attendance.
Item 2:
Pledge of Allegiance:
De Weerd: Item NO.2. We will be led tonight by Alex Scott. [f you will all rise.
(Pledge of Allegiance recited.)
De Weerd: Thank you, Alex. Hey, do you want to Jet us know why we have you in our
audience tonight?
Scott: It's for citizen action points for our American government class.
De Weerd: All right. Well, thanks for joining us. I do have a pin for you.
Bird: What school are you representing?
Scott: Meridian High.
Bird: Warriors. Meridian High. All right.
Item 3:
Community Invocation by Pastor Shawn Regan:
De Weerd: We could talk about the football team, but, no, we have a business meeting.
Item NO.3 is our community invocation. We will be led tonight by Pastor Shawn Regan
Meridian City Council
October 4, 2005
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and if you will all join us in the community invocation or take this as an opportunity for a
moment of silence. Thank you for joining us.
Regan: Madam Mayor, Members of the Council, shall we pray. Father, we come
before you tonight, Lord, thankful for this time that we have. Lord, we thank you for the
time that these individuals have, Lord, to gather here tonight in service to our city.
Father, we pray as they are gathered here tonight to discuss the business of our
community, Lord, you might give each one of them wisdom and guidance in the
decisions that are made. Father, help them to know what's best for our community and
for our city. Father, give them guidance and direction down that path. Father, we pray
that your spirit might lead and guide each one of them. Lord, once again thank you for
the time. We thank you for our community. Lord, we play that you might help us in the
individual problems that our community faces, Father, that you might help us to remedy
those, Father, and give wisdom and guidance. Father, once again we thank you and
we praise you in Jesus precious name, amen. Thank you.
Item 4:
Adoption of the Agenda:
De Weerd: Thank you. Item No.4 is adoption of the agenda.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: We do have on the regular agenda one request by the city attorney, so we will
add -- Item No. 21 will be changed to the ordinance 05-1188, the first reading of that
ordinance for the psuedophedrine legis[ation and that will term Item No. 22, the
Executive Session, and we will also be passing on Ordinances 05-1187 and 05-1188.
And with that I move we approve the revised agenda.
Rountree: Second.
De Weerd: And, Council, the pseudoephedrine ordinance in front of you is what we
discussed last week.
Bird: Yes, it is.
De Weerd: Okay. There is a motion to approve the adoption of the agenda as
amended. All those in favor say aye. All ayes. Motion carries.
MOT[ON CARRIED: ALL AYES.
Item 5:
Consent Agenda:
A. Approve Minutes of July 26, 2005 City Council Special Meeting:
Meridian City Council
October 4, 2005
Page 3 of 61
B. Approve minutes of September 6, 2005 City Council Regular
Meeting:
F. Development Agreement: AZ 05-018 Request for Annexation
and Zoning of 29.18 acres to R-4, R-8 & R-15 zones for
Westborouah Sauare Subdivision by JLJ Enterprises, Inc. -
SEC of Jericho Road and Chinden Boulevard:
G. Development Agreement: AZ 05-027 Request for Annexation
and Zoning of 5.502 acres to R-8 zone for Maxfield Subdivision
by The Land Group - 3295 East Falcon Drive:
H. Water Main Easement Aoreement for Track Utilities Office by
Buffalo Hump, LLC:
Water Main Easement Aareement for Mountain West Bank:
J. Water Main Easement Aareement for Chicaoo Connection by
CC Investment Properties:
K. Water Main Easement Aareement for Stow~lt Mini Storaae:
L. Sanitary Sewer and Water Main Easement Agreement for
Redfeather Estates No.2 by Packard Estates Development,
LLC:
M. Award of Bid for Wastewater Treatment Plant Facilitv
Expansion to JC Constructors, Inc.:
N. License Aareement with Nampa Meridian Irriaation for the
Black Cat Trunk Sewer Phase 1 Proiect.:
O. Black Cat Trunk Sewer and Lift Station Proiect Addendum No.
~ with JUB Engineers:
P. Aareement for Professional Services with BRS Architects for
Scope of Services for Water Division Building:
Q. Water Main Easement Aoreement for Carrabba's Italian
Restaurant by EP Crossing, LLC:
R. Memorandum of Understandina for Hookup to the City of
Meridian's Sewer I Water System Outside the City Limits with
JLJ Enterorises. Inc.:
S. Approve August Financial Report:
Meridian City Council
October 4. 2005
Page 4 of 61
T. Approve Contract for Economic Development Coordinator:
De Weerd: Item NO.5 is our Consent Agenda.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I would move that we approve the Consent Agenda as published and for the
Mayor to sign and the Clerk to attest on all proper papers.
Rountree: Second.
De Weerd: Okay. I have a motion and a second.
Canning: Madam Mayor, I'm sorry, I forgot to let Mr. Bird know that we need to table
Silver Oaks for one week.
Bird: Which one? Oh. Item B -- C, D, and E. Okay. I will withdraw that motion, if the
second would agree.
Rountree: I agree.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: [would move that we remove Items C, D, and E from the Consent Agenda until
October the 11 th, 2005, and with that approve the revised Consent Agenda and for the
Mayor to sign and the Clerk to attest on all proper papers.
Rountree: Second.
De Weerd: Okay. A motion to approve the Consent Agenda. Is there any discussion?
Approve as amended. Mr. Berg.
Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, absent.
MOTION CARRIED: THREE AYES. ONE ABSENT.
Item 6:
Department Reports:
A. Human Resources Department - Bill Nary
1. Benefits for Fiscal Year 2006:
Meridian City Council
October 4, 2005
Page 5 of 61
De Weerd: Thank you. Item No.6, Department Reports. We will start with Mr. Nary.
Nary: Madam Mayor, Members of the Council, [ handed out a memo to you tonight with
the benefit costs for fiscal year '06. We did get our final increase from our different
providers. I did provide you with an executive summary. Just the highlights. Our Blue
Cross increase was significantly less than we had originally anticipated. We did receive
a renewal for an 8.92 percent increase for the cost of medical benefits. We were
anticipating it to be significantly larger. Based on our usage and history we were able to
keep it under ten percent. The Delta dental renewal is at 13 percent -- 13.5 percent.
The executive summary that you have in front of you was prepared before we got the
final numbers in. The average -- as you see in here, the average pool that they were --
trend that they had for the Delta dental was 12 and a half percent. Ours is a little
higher, because our actual usage is around 22 percent. They were able, based on our
past history, as well as -- to keep it at 13 and a half. So, we have some good benefits
that are affordable still. We have budgeted for these amounts to be able to cover that. I
just needed your approval, if you find it satisfactory. The other thing that's in front of
you, there is a document regarding the flex plan proposal. [f you recall last year, I had
asked you to fund the employee portion of the administrative fee, which was $5.50 per
employee per month for the year. Last year we had 47 participants in the flex plan
proposal. We now have 83 participants in the flex plan. Many of those, by our benefits
specialist, indicate that by the city covering that cost of that benefit was their incentive to
participate in it. What I'm asking for you to do this year is to continue to provide that
administrative fee, but, additionally, what we have worked out with Flex Express, if the
Council is willing to do this, is they are willing to lower the administrative fee by 50 cents
to cover the $1.50 cost to have a debit card program added to our flex plan. What that
benefit card program does was allows the employee to receive a debit card that they
can use at either their doctor's office, dentist office, or even at the pharmacy to acquire
their medication or pay for their doctor visits. It comes off the benefit card, so no
reimbursement process is necessary, it automatically gets done. There is some
verification that needs to be done for pharmacy reimbursement, just some receipting
and things like that. But it's a fairly inexpensive addition. Basically, it's a dollar more
per employee. As we told you last year, we did realize some savings that were
unanticipated and unaccounted for previously by having participants in the plan, so,
essentially, by even this particular -- in this particular budget year, if we have been -- if
we had been providing it this year, we still would have had an additional 3,800 dollars of
savings to the city by providing that one dollar extra. If we increased the number of
participants, of course, then, the savings are higher. Based upon that we are -- you
know, we have authorized 22 new positions in this coming budget year, I would be very
surprised that we wouldn't have a high usage among new participants. Most of the
ones we have hired in the last three months have opted to wait to open enrollment, but
prior to that period we have had pretty high usage by all new employees, more than 50
percent of the new employees have opted into it. So, it's a very successful program that
benefits both the employees and the city and if the Council's willing to fund the
additional dollar, I think it would be a benefit to everybody if you would be willing to do
that, but, again, I need your approval to go forward with that.
Meridian City Council
October 4, 2005
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De Weerd: Council, any questions? Comments?
Bird: I have none.
Rountree: [have none.
De Weerd: Okay.
Wardle: Madam Mayor?
De Weerd: Mr. Wardle.
Wardle: Just a comment on the additional dollar. I would like to commend Mr. Nary for
putting together the summary on the benefits package. Thanks, obviously, that the
increase is certainly not much more and my opinion of the additional dollar is something
that I see coming out of the Human Resources Department and that is to find low cost
ways to increase use and benefits within our program. So, [ think the additional dollar
would be warranted and probably help use.
Bird: Is that a motion?
De Weerd: Thank you. Do I have a motion?
Wardle: Madam Mayor, I would move that we accept the executive summary of our
benefits from the city attorney and to include the additional one dollar per month per
employee for the benefits card as an additional benefit.
Bird: Second.
De Weerd: Okay. Motion to approve the request by the HR Department. If there is no
further discussion, Mr. Berg, will you call ro[1.
Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, absent.
MOT[ON CARRIED: THREE AYES. ONE ABSENT.
B. Mayor's Office
1. Proclamation for Crime Prevention Month:
De Weerd: Thank you. Item 6-B under Mayor's office. I have several proclamations
tonight. Certainly it's to have reminders of the prevention and the involvement or the
importance of involvement of our citizens in maintaining a healthy and safe community.
So, I will start this evening with the crime prevention proclamation. Whereas the vitality
of our city depends on how safe we keep our homes, neighborhoods, schools, work
Meridian City Council
October 4,2005
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places, and communities, whereas people of all ages must be aware of what they can
do to prevent themselves, their families, neighbors, and coworkers from being harmed
by crime, whereas prevention initiatives must include self protection and security, but
they must go beyond these to promote collaborative efforts to make neighborhoods
safer for all ages and to develop positive opportunities for young people, whereas adults
must invest time, resources, and policy support and effective prevention and
intervention strategies for youth and teens, must be engaged in driving crime from their
communities, whereas this year marks the 25th anniversary of McGruff, the crime dog,
whereas effective crime prevention programs excel because of partnerships among law
enforcement, other government agencies, civic groups, schools, faith communities,
businesses, and individuals as they help to nurture mutual responsibility and instill pride.
Now, therefore, I, Tammy de Weerd, Mayor of the City of Meridian, do hereby proclaim
October 2005 as Crime Prevention Month in the City of Meridian and urge all citizens,
government agencies, public and private institutions and businesses to work together to
make Meridian a safer, stronger, more caring community. Chief, I'd like to present you
this proclamation.
Musser: Thank you.
2.
Parks and Recreation Commission Appointments:
Stockton, Creg Steele
Andee
De Weerd: Item No. 2 in front of you is a request for reappointment to the Parks and
Recreation Commission, Andee Stockton and Creg Steele, and those terms would be
three years in length. So, those would go until 2008.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I move we approve your appointments of Andee Stockton and Creg Steele to the
Meridian Parks and Recreation Commission for a three year appointment.
Rountree: Second.
De Weerd: Okay. A motion to approve the reappointment of Andee Stockton and Creg
Steele to October of 2008. All of those in favor say aye. All ayes. Motion carries.
MOTION CARRIED: THREE AYES. ONE ABSENT.
De Weerd: Next week I will bring to you a couple of items on our citizen commissions
and committees. We do have an opening for a representative in the south portion of our
community for a citizen on our traffic safety committee and we have a couple of clean-
up items that I have spoke to our city attorney on as far as that goes. Also, [ need to
reappoint Frank Thomason and Tom Hammond on the Historical Preservation
Commission. Their terms expired quite a while ago and, you know, being good faith we
Meridian City Council
October 4, 2005
Page 8 of 61
have allowed them to continue to serve. Thank you, Frank. But [ do want to make
those official, if you will bear with me on this, and we did have one of our citizen
representatives, who is on the ACHD neighborhood advisory committee, step off, he is
going to have another child and his plate is fu[1. And so I will be seeking another citizen
rep for that neighborhood advisory committee for ACHD. So, I will be giving more detail
to you next week. Also, I will provide you a list of the names that are on our Process
Improvement Group Two, PIG Two, and let you know the stakeholders that are helping
our building department look at their processes and recommend some better
efficiencies.
3. Special Meeting with Kuna City Council and DEQ:
De Weerd: So, with that said, I will move onto Item NO.3. We have arranged with the
Department of Environmental Quality, DEQ, to facilitate a meeting between Meridian
and Kuna to discuss sewer issues in the south part of our county and so that will be
held on October 25th, 11 :30, at the DEQ building. We would certainly appreciate good
attendance as this will be very important. Staff will be prepared to give an update on
some of the options we presented to Council earlier, six different options, and some of
those items will be discussed.
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Rountree: Which building? The southwest Idaho office or the main office?
Bird: It's the one on Orchard. It's the front one.
De Weerd: 1445 North Orchard.
Rountree: Okay.
De Weerd: It's the building across from Idaho Public TV. Okay. And, lastly, I will read
the proclamation and, then, I will present this to Chief Anderson and Deputy Chief Silva
and a special guest.
Rountree: Sparky's here.
De Weerd: Sparky. Chief, if you would like to come stand front and center and with
your guest. Chief Silva, you want to join us.
Rountree: Which one's the chief?
Bird: Yeah. Which one's the chief?
4. Proclamation for Fire Prevention Month:
Meridian City Council
October 4, 2005
Page 9 of 61
De Weerd: You always cause a disturbance, don't you. Okay. It is Fire Prevention
Month in October and the proclamation reads as follows: Whereas the City of Meridian
is committed to insuring the safety and security of all those living in and visiting our city t
and whereas fire is a serious public safety concern, both [ocally and nationally, and
homes are the location where people are at greatest risk for fire -- I shouldn't have
invited you up here. Whereas Meridian's first responders are dedicated to reducing the
occurrence of home fires and fire -- home fire injuries through prevention and protection
education and whereas Meridian's residents are responsive to public education
measures and are able to take personal steps to increase their safety from fire, and
whereas the 2005 Fire Prevention Month theme: Use Candles with Care. When you go
out, blowout. That's catchy. Effectively serves to remind us all of the simple actions we
can take to stay safer from fire during fire prevention month and year around.
Therefore, [, Tammy de Weerd, Mayor of the City of Meridian, do hereby proclaim
October 2005 as Fire Prevention Month throughout the city and I urge all people of
Meridian to heed the important safety messages of fire prevention and to support the
many public safety activities and efforts of the Meridian fire and emergency services.
Thank you for joining us, Sparky, and we appreciate you being here. Thank you.
Rountree: Thanks, Sparky.
De Weerd: If you -- [ know you have some exciting announcements for Council and just
a brief update of our firefighter paramedic program.
Anderson: Okay. Yes. I would like to take this opportunity to thank you for the
proclamation and also to update you real quickly on a couple things going on in the fire
department. When you folks hired me about six months ago -- six months ago
tomorrow, actually, will be my six months anniversary -- you gave me a couple of real
strong directives and one of those was get our fire department more grant money and
the other is get some paramedics hired and let's start an ALS, Advanced Life Support,
paramedic engine company program. So, I'm pleased tonight to report some progress
on both of those. Last Friday, Meridian was notified by the U.S. Department of
Homeland Security that we are going to be receiving a 165,000 dollar grant for some
much needed equipment in the area of safety and operations, which will include hand-
held radios that will allow inter-operability between police, fire, and EMS. So, we are
looking forward to that and we also can report that we do have our 12 paramedics hired.
They have started in on recruit academy. They have been in that for two weeks now.
They are in a 12-week academy. And, then, earlier this -- or, actually, last week, we
also had a commitment from a physician who will be our medical director. So, we are
about halfway through the process now of getting the ALS paramedic engine companies
up and running and, hopefully, by the end of this year, shortly into the next year, we will
have that program up and running. So, I wanted to bring you up to date on that and
things are progressing well. So, thank you for your support.
De Weerd: Congratulations, chief. Mr. Bird.
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October 4, 2005
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Bird: Yeah. Chief, would you state how an ALS is different than what we are doing
right now, what the paramedics can do for -- because we see letters to the editor saying
that we are not staying up with our safety and stuff.
Anderson: Sure. I would be glad to. All of our personnel in the fire department now are
trained to what we call basic life support and they are all emergency medical
technicians. What that is, basically, it's about 150 hours of first-aid type of training and
we also do auto extraction and those types of things. So, in a city such as Meridian, the
fire department is the first line of defense and we are normally the first responders and
normally arrive, in the case of an emergency, within about three or four minutes from
the time you dial 911. Our scope of practice under that EMT basic is very limited as far
as what we can do. With this additional skill set, instead of a iSO-hour course, most of
the paramedics will have in the neighborhood of about 1,500 hours of training. They will
be able to do a number of advanced life-saving measures from starting IV's to
intubations, cardiac monitoring, administering drugs. So, it will be a significant
improvement to the level of service to our citizens and when somebody has a life
threatening emergency like that, seconds literally count. So, the higher leve[ of training
that our folks can provide to the citizens is going to mean lives saved in the long run.
So, thanks for asking that.
Bird: Thank you.
Wardle: Madam Mayor?
De Weerd: Mr. Wardle.
Wardle: I would just like to thank the chief for his hard work and efforts on that front, as
well as Station Four, and say that you have far surpassed all of this city's expectations
for your six month money back guarantee and have done a great job.
De Weerd: [don't know, I was going to say he survived the first six months, but more I
survived his first six months.
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Rountree: Chief, could you give us just kind of a time line on the new station?
Anderson: The new station is proceeding along as scheduled. It did get bumped back
about 30 days. We were anticipating a middle of December opening and now we are
looking at a middle of January, just due to construction delays.
Rountree: Thank you.
C. Parks Department - Doug Strong
Meridian City Council
October 4, 2005
Page 11 of61
1. Discussion of Land and Water Conservation Fund grant
for Splash pad at Meridian Settler's Park:
De Weerd: Thank you, Council. Thank you, chief. And congratulations. Those are
great announcements. Item 6-C, our Parks Department. This is another grant that the
city received and in reviewing the documentation, our director came to us with some
concerns. We had our city attorney do a review of the contract that is in front of you and
[ wil[ turn this over to Doug.
Strong: Thank you, Madam Mayor, Members of the Council. This grant, as grants go,
has been in progress for about a year now and we are working through a variety of
issues that you deal with, certainly, when you look for any kind of federal grant dollars
into a project. What we were looking for initially was funding for phase two development
of Adventure Island playground, which is a water splash pad portion of that playground.
Our initial cost estimates would be about 90,000 dollars to complete that project. It's a
50-50 match. So, that's what we went after and to make a long story short, we were
successful in that in going through the process -- and one of the few projects funded in
the state, which pleased us, but as we looked at some of the requirements of receiving
the dollars, we had reservations continue to grow for a 45,000 dollar grant for,
essentially, a million dollar playground and how it encumbers the city for the future. So,
we feel it's very important before any signing on the line for the Council, certainly, to
either say yeah or nay to this project before we commit in perpetuity, our requirements
under this grant. So, that's where we are at this point.
De Weerd: I guess, Mr. Nary, do you have anything to add to that?
Nary: Madam Mayor, Members of the Council, [ mean [ think some of you are familiar
with land on conservation fund restrictions that go along with property and the language
that was concerning to us was the -- the original requirement was that this would -- this
grant would encumber the entire parcel, the entire 56 acres of ground, even though the
portion that's being developed under this grant is not the entire 56 acres. The contract
that's in front of you, that's -- the language is still there. Mr. Strong has negotiated a
different outcome, but it's still a significant portion of the park ground that's being
encumbered, basically all of the developed property. So, future uses as we have
experienced with Storey Park and these things never go away and 40 years later we still
address these concerns with Storey Park about use and conservation and the usability
of that property in the future and that is a requirement if you accept the grant, so --
De Weerd: Council, I guess we knew of the encumbrance and during the presentation it
was noted and also discussed that it would be limited to just the area of park lands that
this portion would be funding. So, Adventure Island and the splash pad, in particular.
What Director Strong was able to do is to narrow that down from the 56 acres to 21,
which we think is still extremely unreasonable, when it only pertains to the minimally
one-acre or two acre playground site. So, Councilor Doug is in front of us tonight to
recommend or seek your comments and direction.
Meridian City Council
October 4, 2005
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Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: And I'm the only one that was here with the 1968 purchase of the Storey park deal
and being involved with that very heavily. ['m not for getting a penny from them,
because they take control. You're limited to what you can do, as we all know. I thInk
Mr. Nary just stated that. [think we can fInd the $45,000 -- I don't think it's worth the
trouble that it will cause us down the road. Everybody knows what [ feel about federal
grants. There is always string attached to it and it's usually in their benefit. So, I think
we can find the $45,000 somewhere else. That would be my opinion.
Rountree: I would agree.
De Weerd: Council, perhaps we can put this as an agenda item next week with a
recommendation from Director Strong as to how we can move forward and I believe that
we need to consider looking at our park impact fees to make up the difference of what is
not in our budget.
Strong: Madam Mayor and Members of the Council, just for my guidance this week, it
would be I think prudent for me to respond to the grant folks at state parks to let them
know where we are with this. They are expecting a signature on the form to come back
and, then, proceed with a contract. If we are not going to move ahead, they would be
able to make the money available to some other applicant next in line on the list. So, as
soon as we can accomplish this -- and I'll call state parks and let them know and send
appropriate correspondence to that effect.
De Weerd: And, Doug, I do have a message into the state dIrector. He's been out of
town and he returns tomorrow morning. So, I will --
Strong: Director Minen?
De Weerd: Uh-huh.
Strong: Okay. Regarding this matter?
De Weerd: Yes.
Strong: Okay.
De Weerd: Thank you.
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Meridian City Council
October 4, 2005
Page 13 of 61
Rountree: Question for Doug. Didn't we include the completion of this particular activity
in the budget increase that was presented at budget time?
Rountree: Okay.
Strong: Madam Mayor, Councilman Rountree, we did, including a projected 45,000
dollars from Land and Water Fund.
Strong: So, we backed this portion -- this 45,000 out of the cost we thought it would
take to finish the playground.
Item 7:
Rountree: Thank you.
Items Moved from Consent Agenda:
De Weerd: Okay. Thank you. Item 7. We did not have any items moved from the
Consent Agenda.
Item 8:
Item 9:
Item 10:
Continued Public Hearing from September 13, 2005: 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:
Continued Public Hearing from September 13, 2005: 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:
Continued Public Hearing from September 13, 2005: 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:
De Weerd: So, I will move to Item 8 is a continued Public Hearing from September
13th, AZ 05-015. I will open this item. Also Item 9, PP 05-017, and as well as Item 10,
CUP 05-022, with staff comments.
Canning: Madam Mayor, Members of the Council, this is the Crossfield project. It's
located south of Ustick, west of Venable Lane. Venable Lane right now is on the north
side of Ustick, but it's in that location. The highlights of this development -- I've shown
this, because this is the easiest one to see at this level. It is a large project. It's 245
Meridian City Council
October 4, 2005
Page 14 of 61
single family residential building lots and 27 common lots on 59.3 acres in a proposed
R-8 zone. There is an existing home that is proposed to be converted to a day care and
that's the only proposed nonresidential use. Of those 246 proposed bui[dable lots, the
applicant is proposing 18 zero lot line lots, 67 alley loaded, 31 detached, and 128
sing[e-family lots. So, there is quite a bit of variety and I wil[ go over those a litt[e bit
more. There is the one daycare lot and one clubhouse lot and pool lot. The applicant
has requested a planned development and with that they are asking for reduced
building setbacks, reduced lot size, reduced lot frontages and reduced minimum house
and increased maximum block length. The lot sizes -- this is the area north of Jasper. I
broke it up, so you could see it a little bit better. These are where generally the smaller
homes are located. As far as the PD goes, they have basically four different house
types and staff in the staff report has detailed what the minimum lot size is for each of
those types of homes. So, for like a detached home, the minimum lot size is 6,380
square feet. For a patio home it's 5,000 square feet. Again, that's a detached unit. For
a detached alley unit, it would be 4,200. And, then, for an attached unit it would be
3,950, which is just a little bit less than the 4,000 square feet required. Similar[y, the
frontages are detailed for each type of lot. I'm going to let the applicant go over the
different product types and where they are located, but, generally, just to give you some
bearings, this is an alley here, so these are the alley loaded portions. This is also an
alley. These would be the detached. This is the area north of Jasper. Did want to
mention or point out that on the alley-loaded lots they are asking for a reduced setback
on the rear of that alley for only five feet from the edge of the alley to the -- the right of
way to the garage structure. This is the area south of Jasper. Jasper is this east-west
one. And this is where the lots transition into larger sizes to better match what is in the
existing subdivisions around them. I might go up and point that out, so -- the northern
part of this is still largely undeveloped areas within Ada county, but, then, as you move
south you will see that the residential neighborhoods start to surround it and, then, there
is one five acre out parcel owned by the Simuniches. Again, this area north of Jasper,
the access to the alley-loaded lots is proposed from 14 feet of pavement within a 20 foot
wide easement and, then, all patio home lots, alley-loaded lots, and attached lots are --
ail those types of lots are located north of Jasper. There is none of those south of
Jasper. And there is also 12 secondary dwelling units requested north of Jasper and
those are designated at specific locations on the plat. This area is within a
neighborhood center. The original proposal had additional homes in this large lot here,
shown as phase four. At staffs request they have made that a single lot to be
developed in the future. Staffs concern was that because this was the center or the --
half of the neighborhood center, we weren't seeing any nonresidential uses in it and we
were concerned that it didn't match the intended character of the Comprehensive Plan.
The applicant has agreed to hold off for awhile on that, so we can see what happens on
the other side of Venable Lane or to have a market study done for this area that
indicates that there is no market for nonresidential uses or if two years goes by. So,
there is a number of things that can happen to trigger that plat coming in, but if nothing
happens, then -- and the two years just goes by, then, they could come back in. And it
wasn't that staff disagreed with the type of development that was going in there,
necessarily, it was just that we were concerned that it wasn't meeting the intent of the
neighborhood center. The area south of Jasper, the clubhouse and the pool house, are
Meridian City Council
October 4,2005
Page 15 of 61
in this area, as well as a large open space -- central open space. And there is 128
single family detached lots in this area. The amenities for the PO do include a ten foot
wide asphalt pathway along the Five Mi[e. I hope I picked the right one there for the
Five Mile. I think I did. And four -- or 5.45 acres of common area with pool and
restrooms and changing areas and splash pad area and a play area. The gross
residential density is 4.13 units per acre. I didn't have the -- I didn't look up the square
footage on the existing home, but they have proposed that that be converted to a day
care, as I mentioned before. And I do have elevations and the landscape plan as we go
down. These are some of the elevations of the units. And, then, you have some
pictures from the alley side, so that you can get an idea of those distances and
separations. The Planning and Zoning Commission did recommend approval at their
August 18th hearing. Becky McKay, Craig Groves and Alecia Lopez and Joe Simunich
all testified in support of the application. Chris Brower testified in opposition. The key
issues of discussion were the Comprehensive Plan designation for the neighborhood
center, as I mentioned before, the stub streets to the adjacent properties and cut-
through traffic, the alley-loaded lots and setbacks to livable areas and garage faces,
groundwater, phasing, and density. The Commission made three key changes to the
original conditions of approval and the applicant has submitted a revised preliminary
plat that is in your packet tonight reflecting all of those changes. The applicant has
provided you with a letter addressing their concerns with regard to the conditions of
approval and they do list several items. In general, staff still recommends the Council
adopt the conditions in the staff report. Public Works will address the flood elevation
and master grading and drainage report and the fire department will address the
secondary access issues and, then, my one issue was the stub street. So, I will
address that one. The area south of Jasper is the five acre Simunich out-parcel, which
will be an enclave with the approval of -- or development of this property. There is
currently a stub street coming up from the south. From Waterbury Park Subdivision, I
believe. The applicant is proposing a stub street from the north to meet the conditions
of approval for the Planning and Zoning Commission, they have also shown a stub
coming from the west. However, they don't want to provide the stub from the west.
Staff anticipates that this one would not get built and that's why we asked for this one.
This one requires basically crossing that drain, whereas as this access would not. So,
this would be the easiest one to develop. There was also a lot of public testimony from
the existing residents, that they didn't want to open up that stub street. So, we would
anticipate that that stub street wouldn't be opened, therefore, we wanted two access
points. If Council feels it's more appropriate to open up this stub street, then, that could
certainly be appropriate. It's just staff feels that there should be two stub streets to that
five acre property. With that I will hand it over to Mr. Grady to talk about some of the
other issues.
Grady: Madam Mayor, Members of the Council, with regard to groundwater, staff
submitted comments to require that the applicant submit a master grading and drainage
plan. The applicant has requested that this requirement be waived. We are aware of
some groundwater issues in that area, some of which have been going back and forth
between Mr. Simunich for years. Some of you might remember that. So, staff would
recommend that that requirement remain.
Meridian City Council
October 4, 2005
Page 16 of 61
De Weerd: Thank you. Anything further, Anna? Joe.
Silva: Madam Mayor, Members of the Council, one of the points that the developer had
was a concern of -- of theirs was that two entrances that should be separated by one
half the diagonal measurement and this is so that all -- if we have anyone point of
access that's not passable due to road construction or any other obstacle, that we still
would have access from one remote point. Most typically in Meridian, it's road
construction, your sewer, water, and street construction. So, that's why we request that
and that's been consistent with other developments that have come before Council.
De Weerd: Okay. Thank you. Staff, any further questions or comments?
Canning: Madam Mayor, just to help Mr. Grady out a little bit, he forgot his flood plane
issue. They contested having to do flood elevations certificates and -- they didn't? Oh, I
misunderstood. Sorry. I take back everything I just said.
De Weerd: He forgot nothing. Council, any questions at this point?
Bird: I have none, Mayor.
De Weerd: Okay. Applicant?
McKay: Sorry. Don't start my time yet.
De Weerd: [t already started.
McKay: Becky McKay, Engineering Solutions, 150 East Aikens, Suite B, Eagle. I'm
representing the applicant on this particular project. As Anna indicated, this parcel is
approximately 51 acres in size. We had some definite site challenges that we had to
contend with, because there is substantial amount of existing residential development
around us. We have two existing stub streets to the west that we had to link into and,
then, obviously, extend ten inch water into the project. We also had one stub street to
the east here and, then, there is a 21-inch existing sewer trunk that the city installed
years ago. Mr. Simunich granted an easement to the city. It comes across like this
and, then, comes up this street and exits where the Creason Lateral is. We have Five
Mile Creek right here on our south boundary. You're existing multi-use pathway here.
The Creason Lateral running diagonally across the property in this location. This is the
Venable Lane intersection that goes north up to Cedar Springs as a public street. This
Is just a private road. ACHD, according to their records, has approximately 20 feet of
right of way east of us, but not abutting us. Then, there is another 20-foot strip here that
belongs to Mr. Venable that I assume this parcel here would access it via this Venable.
That is owned by Mr. Simunich. He's currently constructing a home for himself right
here on this property. I believe he came before the Council a few months ago asking
for -- to be able to hook central sewer and central water for that new home on this. [
believe it's almost seven. acres. So, one of the challenges that we had was we don't
Meridian City Council
October 4, 2005
Page 17 of 61
have the ability to dedicate any additional right of way for Venable, because we don't
abut it. It also does not align with where the public street section of Venable was
located. There is a 12-foot offset to the east north of us. So, we have no ability to even
realign it, because it's off our property on the property to the east, which is not
developed at this time. So, we struggled with trying to comply with the neighborhood
center and meet that intent. Your neighborhood center designation is kind of like a -- it's
a half circle through us and, then, it extends over here and, then, the rest of the property
is designated medium density residential. So, we look at, obvious[y, the key
components in your Comprehensive Plan under the neighborhood center section and
tried to, obviously, incorporate those. We tried to build a short block, which it's
promoted in your neighborhood centers, interconnected a more grid pattern circulation,
which we accomplished that. We came up with this east-west design of this particular
street here in order to facilitate in the event Venable were to develop where you would
also have an east-west connection here, so that could potentially reduce the number of
vehicle trips on Ustick Road in the future. There is an existing home here on -- it's a
re[atively nice home. We wanted to keep it in the project. We have taken the access off
of Ustick. We made the island short enough that you could have a loop drive through
here, so traffic can come in and, then, loop in here and the idea that we came up for
that particular lot would be a future day care. We understand it would take a
Conditional Use Permit and that's fine, but we felt that that would be a good use for this
neighborhood and that would be able to service this particular neighborhood and
possibly some adjoining neighborhoods. So, with all of these site constraints, we came
in and came up with an idea of the more intensive density would be up here by Ustick,
up by the arterial. We come in with a center collector that terminates here. It's a non-
continuous collector. This is about a 1.79 acre parcel here on a lot. We will have a
pool, a parking facility here, a splash pad for the kids to play, playground equipment,
and, then, a pathway. And, then, we had other pathways that lead, obviously, up to the
center -- kind of the central recreational center. We are making an interconnection to
the Five Mile Creek pathway here. We have left an open space lot where your sewer
diagonals cross this area and, then, we have got a shortcut up through here. Now,
originally, we intended to pipe the Creason Lateral. The staff recommended that we
leave it open. Mr. Simunich asked that we leave it open. So, we did agree at the
Planning and Zoning Commission to leave that open. The other thing the Planning and
Zoning Commission asked us to do was -- if I can show you. This is what the project
looked like when the Planning and Zoning Commission first reviewed it. Obviously, you
can see we had the alley-loaded lots here and, then, as we transitioned south the lots
get larger and larger. These are around 3,700, 3,800 square feet. As we go down they
go to 6,000, 7,000, and, then, as we get down in this southern portion, eight and nine
thousand square feet. Now, what the Planning and Zoning Commission asked us to do
was if we could reserve this five and a half acres up in here, so that at some point in
time when this property developed, there would be the potential for that neighborhood
center to have that west portion. And the applicant agreed, so we took that area out.
They also asked me to give another stub to Mr. Simunich. The only reason we put any
objection to that stub street is because Mr. Simunich doesn't want it. We looked at his
property, how many lots he could potentially develop this partial with, if this street were
to extend and we created a loop, and we estimated around 24 to 25 lots. And so what I
Meridian City Council
October 4,2005
Page 18 of 61
told Mr. Simunich is if secondary emergency access was imperative here, we could
provide that via a widened pedestrian path, but the Planning and Zoning Commission
believed that another access point here was necessary. There is a stub street to the
south, as Anna indicated, but that is the Creason Lateral that's open along Waterbury.
So, they have concerns that that may not be extended. But what Mr. Simunich has
indicated is this property drops dramatically toward the Creason, so this is the low point,
the southwest corner. So, it is his belief -- and in his discussions with Public Works, that
the only way he could redevelop and sewer this would be down to this trunk here in
Northwest 10th Avenue. So, I guess, you know, it's up to Council to determine if that's
necessary. It was for his benefit. I'm only objecting on his behalf, because it was what
he requested. As far as the types of lots -- or homes that would go on these lots, we did
want to submit some pictures. As you can see, these are alley loaded type product,
with a lot of porches. This was discussed in length at the Planning and Zoning
Commission on what should our setback be from the alley. The alleys are 20 foot wide
with a 16-foot improved width with landscaping on each side. Now, they determined
that it was best if we didn't provide parking in front of the units, because, then, that
would allow us to have more interior open space, like plaza space. So, what the
Planning and Zoning Commission wanted us to do -- and it was -- we were in
agreement -- was to come up with this type of a design. As you can see, we have
approximately a five foot offset from the edge of the alley, so there is no ability for
anyone to park there, because I think a big concern the Planning and Zoning
Commission had is if you're going to provide parking there, we need to make sure it's,
obviously, adequate, like 20 feet. And our setbacks were specified that this setback is
five and, then, I believe the living space would be 20. Now, what we did here is we took
this center block, this little short block here, and you can see that -- how we orient the
garages. The accessory use structures are kind of like a mother-in-law flat, a single
bedroom studio type apartment. They are over -- typically over the garage. As you can
see here is the stairs and those units there would have a three-car garage. This space
here -- you see this is the garage. The unit is over here. And, then, this is the central
dwelling. It allows for like a little plaza area and more open space and Mr. Grove's
architect came up with these. But it keeps on staff to kind of delineate to the Council
how these units could develop. Some of them are complete[y attached with, obviously,
the open space being to the side. And, then, the other would have these, like [ said,
plaza areas. They have landscaping along there. We looked at some of the product
that's out there. Where you have the 20-foot setback from the garage to the edge of the
alley -- and in those instances they looked very plain and very blah and so the Planning
and Zoning Commission deemed that this was the desired look that they wanted to see.
This project -- our density, we did have to drop density when we cut out that corner. We
lost about 30 -- I think roughly 31 lots, approximately, up in that northeast corner. We
would like, you know, obviously, the condition to state that in the event that that
neighborhood center is ever eliminated from the Comprehensive Plan, because that is a
mid section, or if this were to be approved for a development, that, obviously, did not
incorporate the neighborhood center, then, we have got it stubbed here, so that it could
develop as we originally planned. Or, like I said, it also has the ability of being
incorporated into another development adjoining us on the east. As far as the
conditions of approval, we did -- if you -- in your packet you should have our comments.
Meridian City Council
October 4, 2005
Page 19 of 61
I think we are pretty much in agreement with the staff. The one concern that we had
was the master grading and drainage plan. We have never had to do that on any of our
projects. We have had multiple projects in the north Meridian area where we had to
contend with fluctuating groundwater. We have historically seen that our groundwater
leve[s drop when we take these parcels out of agricultural production. We have 13 test
holes on this property and we have been monitoring it since March of '04. We have had
our geo tech give us estimates where they think the groundwater will stabilize. It was
not in agricultural production this year, so we did see substantial improvements on the
property and we are continuing to monitor it. The project engineer -- [ showed her the
condition that your Public Works staff came up with. Her concern was that ies a lot of
work and as far as the benefit -- the benefit is very little. We have intended to do kind of
the swale concept here. We are using them in another project. They have been quite
successful. So, she indicated that there would be like a 4.7 foot separation from the
center line of the road to, obviously, any groundwater [evels. We are seeing that the
groundwater is between four and five feet. The worst reading we received was an
existing test hole that the city put in when they put the trunk in and in talking with Mr.
Simunich and based on the geo technical engineer's analysis, we are getting unusual
reading there, because the water is kind of like perched right there and that was the way
they backfilled that 21 inch sewer line. les kind of blocked and perched the water in that
area. So, we feel that, obviously, with our normal requirements with ACHD, Public
Works review, certification by the project engineer, we just think that the master grading
and drainage plan in this instance should not be necessary. We do have a flood plane
that comes from Five Mile Creek. The flood way is in alignment pretty much with the
bank -- top of bank, but we do have some lots that are reflected by the flood plane. We
will have to, obviously, do the certification and so forth to meet the requirements of
FEMA and your policy. One other thing I'd like to state for the record. I have got flack
from Nampa-Meridian about leaving this Creason open and putting a pathway next to it.
Your staff calls it like -- [ think they called it the -- or, yeah, you guys call it the South
Slough and they indicated that the South Slough is east of the Venable and this is what
they call the Finch Lateral. So, there is a debate on their part whether they will allow us
to put that pathway next to their facility. So, I would ask, obviously, for the staff to help
us in bringing Nampa-Meridian around, because sometimes they dig their heels in.
They said if I piped it they didn't care if we put a pathway. But if I don't pipe it, they had
concerns. So, I wil[ have to struggle with that and I just want to make sure that I don't
have conditional approval that states I have to have that pathway right next to there and
-- because if they won't allow me to install it, I'm stuck. I can always move it outside of
their easement. Their easement there is 60 feet, which we do have as a separate lot.
Do you have any questions?
De Weerd: Very good. Council, any questions for Becky at this point?
Bird: Not at this time.
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Meridian City Council
October 4, 2005
Page 20 of 61
Rountree: You mentioned a swa[e concept. Explain that to me.
McKay: The swale concept -- we are using it in Bridgetower Phase 10 is the first time
we have designed -- it's an ACHD option for drainage, instead of concentrating our
drainage in like these ponds where you're seeing in some instances throughout the city
they are having problems. It's normally due to nuisance water from irrigation -- over
irrigation. But some of it is due to some groundwater spiking in some vicinity. This
distributes that storm drainage through a swale that's about eight feet wide, it runs on
both sides of the public street, we enlarge our right of ways and we have a detached
sidewalk. So, you have what you call a -- we call a ribbon curb, you have the same
section width, ribbon curb, two foot ribbon curb, the water would just shed off of the
crown, cross the ribbon curb into the swale and, then, underneath the swale we have to
have sand -- a specific type of sand, approved by ACHD. We have to do percolation
tests. They make us trust fund -- not bond, but trust fund 500 dollars per lot -- as each
lot -- a home is built, we have to provide testing to make sure that they haven't
compacted that swale, that they haven't filled in it or altered it and it's meeting ACHD
requirement. They came up with that policy here a few months ago when we have
certain soil conditions or if there is a concern on groundwater, they are allowing us to try
that option. So, we are testing it out in Bridgetower 10 for the first time. So, we will find
out how successful it is.
Rountree: Homeowners maintain? Homeowners landscape? ACHD maintain?
Landscape?
McKay: The landscaping I think is by the association. I think that's how it is, Gary, isn't
it? Yeah. They don't let the individual homeowner -- it's got to be under the association.
Rountree: So, those swales become a common lot?
McKay: No. They are an easement. They overlap outside -- I believe outside that right
of way. No. They are within the right of way. We do a swale agreement that's about
this thick --
Rountree: I hope so.
McKay: -- that indicates what can and can't be done, who maintains, and what's got to
be put in the CC&Rs. Gary may be able to elaborate more. Like I said, we are doing it
for the first time in Bridgetower Phase 10.
De Weerd: So, who is the agreement between?
McKay: It would be between the developer, the association, future homeowners, and
ACHD. It's--
Meridian City Council
October 4,2005
Page 21 of 61
De Weerd: And so turning it over to the homeowners, they are going to understand that
document?
McKay: It's pretty clear. It's a pretty clear -- well --
De Weerd: I don't know. We have all been on homeowners associations, so __
McKay: We are testing this. We are testing it for the first time. But they think that by
distributing the storm drainage versus concentrating it, we are going to not have some
of the nuisance water problems that we have seen in the past.
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Rountree: What's the pipe size for piping the Finch Lateral?
McKay: Forty-eight is what Nampa-Meridian quoted me. Forty-eight inch reinforced
concrete.
Rountree: What happens to Venable Lane? And you know our history with lanes.
McKay: Councilman Rountree, yes, anything that has a lane has a really bad
reputation. I realize that. This property -- luckily, the property to the east of Venable is
not developed. It is a size that it has development potentiaL And my understanding
from Mr. Simunich, an elderly lady owns it, so at some point in time I believe it will -- you
know, will develop. It's got one house on it. That will allow Venable to come in south
and align with where Cedar Springs put that center line, because it moved 12 feet east.
The 20 foot is -- of rate of way is already exist -- preexisting. Mr. Simunich owns a 22
foot strip that's a driveway down to this seven acres. So, what we are doing is not
impacting Venable as far as could it ever be developed. Now, what I pointed out to the
Planning and Zoning Commission, when the Council approved -- or a previous Council
approved Waterbury Park, they did not allow for any interconnectivity north. So, ACHD
-- the staff indicated to me that they thought Venable, as a collector roadway going
south of Ustick, was flawed. Even though it's in your Comprehensive Plan, it's shown
on your transportation map as a future collector, they don't believe that, because there
is nothing connecting to it, but just a few subdivisions, it would never warrant a signal.
So, [ don't know how viable Venable is. Now, there is the Flack Drain that also runs
next to Venable. We are piping that. So, that is one good thing that will be coming out
of this is when this is developed we will have to pipe that Flack Drain. And I have
already talked to Nampa-Meridian about that and they said that -- that that would be
acceptable. But what we are doing is not going to cause a hurt or a problem for
Venable, if the Council wants that to go south. In fact, I'm stubbing right here, so that
we could get a west connection -- this property is not developed either. I think it's like
ten acres. Then, if this were ever signalized and Venable did come down as a public
collector, that traffic would come to the signal. So, we have tried to plan for all options.
Meridian City Council
October 4, 2005
Page 22 of 61
If Venable never happens, they could come in and come through our collector there to
Ustick. But we have minimized our approaches and I think we have maximized the
interconnectivity. I have got stub streets everywhere that are really, really hard to work
around and try to come up with a good design.
De Weerd: Well, Venable Lane has been a real nightmare. I guess I remember
something different, that Waterbury took the ACHD's recommendation and I had gotten
it, but I think in another application we heard that a light would be there at some point.
So, now you really have me totally confused on Venable Lane, so I am not looking
forward to another Wingate, so --
McKay: Madam Mayor, to answer your question, I think you're recalling discussions
when Cedar Springs came in and the elementary -- you know, there is an elementary up
there. They have some office, some neighborhood commercial --
De Weerd: Well, we have like a Maverick just across the street--
McKay: So, what the discussions were is if ACHD were to signalize that stretch of
Ustick between Meridian Road and Linder, it would be preferred at the half mile,
because of the elementary and the retail. But ACHD's comments are they are
concerned that -- you know, whether it will meet I guess the criteria or the warrant. So, I
guess that remains to be seen, how much traffic that goes into the commercial.
De Weerd: Now, Becky, I thought Mr. Simunich bought that, so that this road could
exist. And, again, I'm relying on my memory, which is not always re[iable.
McKay: [think Mr. Simunich testified when Cedar Springs came through -- he may
correct me -- that he wanted the northbound Venable to align with the southbound, but
they allowed it to shift over 12 feet. I don't know how that happened. It wasn't my
application. So, Mr. Simunich has been discussing options with ACHD, talking about
his 20 feet, and if that could be allocated to right of way in the future. You will need to
ask him, because, you know, he kind of controls that west 20 feet. He is between me
and the right of way and that was owned by Mr. Venable and for some reason Mr.
Venable kept ownership of that for years.
De Weerd: And I guess [ was kind of under the impression that Venable Lane would go
with his land and that would be something that we saw as one big picture. So, yes,
you're right, we need to ask Mr. Simunich.
McKay: Yeah. This was separate -- this was under separate ownership. My
understanding this seven acre parcel is a separate ownership. It was not part of this
parent parcel you see. And, then, Mr. Venable owned that 20 feet I believe separate of
that --
De Weerd: Oh, I understand that.
Meridian City Council
October 4, 2005
Page 23 of 61
McKay: It's a messy deal. And Mr. Venable sold to Mr. Jorgason and that's where
Waterbury Park is. So, it was kind of like something that happened -- I don't know why
the Council allowed the 20 foot to remain. I don't know. You'd have to ask Mr.
Simunich. He was -- he was around then.
De Weerd: Any further questions, Council?
Bird: I have none.
Rountree: I have none right now.
De Weerd: Okay. Thank you. Okay. This is a Public Hearing and I have two people
that have signed up. When I read your name and you're for or against, if you would like
to provide testimony, please, do that at that time. Chris Brower. Against. If you will,
please, state your name and address for the record.
Brower: Chris Brower, 387 West Woodbury Drive in Meridian.
De Weerd: Thank you.
Brower: Madam Mayor, Members of the Council, [ think you have my written testimony
as a spokesperson for Waterbury Park and I just wanted to mention a couple of key
points. We are primarily concerned about the proposed additional road from Crossfield
to the west of this seven-acre enclave. I think the Commissioners were trying to help
and thought by adding the extra road there would be less need to send and develop our
stub street from Waterbury Park to the enclave. But now ACHD is saying whether the
extra road is added or not, it wants to develop our stub street. Could I see the overview
of Waterbury Park, please? Thank you. You can see if the proposed extra road is [eft
in, what a straight shot it would provide to our stub street and, then, through our
neighborhood straight to Meridian Road. There is no stop sign or other impediment. In
other words, the high density would go to the proposed additional stub street, which
would be just a few feet away from this stub street of our subdivision and, then, a
straight shot to Meridian Road, as we are in the primary direction of travel. Our other
concern is the same one Mark Snodgrass spoke on as their spokesperson last year,
when higher density Valen Court was proposed adjacent to our subdivisions. After he
explained our concerns to the Council, Va[en Court was redrawn, so density near
existing homes was the same or less than Salisbury One and higher density was
pushed, so it was only near the neighborhood center part of the parcel. But now for
Crossfield there are eight proposed lots to our immediate west, where we have seven.
In the entire southern part of the parcel, would have higher density than us, even though
it is interior to us. Finally, I want to mention that our subdivision was completed before
any high density neighborhood center was even proposed. We are only here because
many more of the 1,900 vehicle trips per day from Crossfield would wind up taking a
straight shot through our subdivision, if the additional road isn't taken out. Thank you.
And I would be happy to answer any questions.
Meridian City Council
October 4, 2005
Page 24 of 61
De Weerd: Council, any questions?
Bird: I have none.
Rountree: [have none.
De Weerd: Thank you. Also signed up is Mr. Simunich. For. If you will, please, state
your name and address for the record.
Simunich: Yes. I'm Joe Simunich and I reside at 955 West Ustick Road in Meridian.
We have sold this property to Crossfield. I'd like to see them develop it. We were
having a problem with the seven acres and primarily an access from the Waterbury
Subdivision. When Waterbury Subdivision was put in, everybody agreed there should
be a stub street to the property at that time, which was owned by Mr. Sanford. Water
and sewer is stubbed there to the Creason Lateral. That's not the Finch Lateral, that's
the Creason Lateral. So, that street could connect -- should connect. Crossing that
Creason Lateral is no big problem. Waterbury is going to -- or Crossfield is also going
to cross it. I don't see that there is a need for another street to have -- to have this
street from -- would be right here -- to come into that seven acres. We have one here
where we are building our residence. We put the street where it will accommodate this
residence without any problem. I don't know that there wil[ be an excess amount of
traffic. If this street is not put in here, the traffic would have to come from here, down
through here, and out here. Ada county says one access is enough for that seven
acres. But the sewer and water are right there at that point. That street should be
connected and when those people bought those lots in those subdivisions, they should
know that these streets are going to be connected, because now they put signs up, this
street is going to be connected in the future. [think most people understand that. As
for the path, the South Slough is -- has a path from Meridian Road to Venable Lane,
which is right there. That path could continue on down the Creason, go over to Linder
Road and connect with the main bike path at Five Mile. [t would make a real nice,
attractive loop there for people to pass. One Sunday I was there in the afternoon, the
Five Mile bike path had 47 people used it in one hour. So, it's a nice amenity to the city.
I think that's all I have, but [ don't think we -- [ think we need that street to connect to
Waterbury. And if Council has any questions, I would be glad to answer them, if I can.
De Weerd: Council?
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Rountree: Mr. Simunich, do you plan on accessing your seven acres down Venable
Lane or through the subdivision?
Simunich: At the present time we will access it through Venable Lane.
Meridian City Council
October 4, 2005
Page 25 of 61
Rountree: Let me restate my question, At build out of the subdivision with all the
surface streets it would provide, would you continue to access your property on Venable
Lane or through the paved streets in the subdivision?
Simunich: No. We still plan to access them -- access through Venable Lane, until we
subdivide that piece of property. Then, there will be a road right in front of our
residence, if that one street is built. The one right there.
De Weerd: Any further questions?
Rountree: That's all I have. Thank you.
Bird: [have none, Mayor.
Simunich: Thank you.
De Weerd: Staff, I guess I have a question. When we provided sewer to Mr.
Simunich's property, what was the agreement?
Grady: I believe there was no agreement -- no requirement for annexation. It was just
to provide sewer and water as -- the best [ can figure from the file, as compensation for
the South Slough going through there.
De Weerd: So, we are going to create another enclave if this is approved. Basically.
Okay. Is there any further testimony? Oh, ['m sorry, you have already been up here. If
you have a question you certainly would -- you can ask staff or -- is there any further
testimony? Becky, would you like to have final remarks?
McKay: Just to kind of address Chris's concern, you know, obviously, the way
Waterbury was designed, they to do have a very straight shot out to Meridian Road. In
our design we tried to orient everything going up to Ustick and that was done by
bringing in the non-continuous collector, keeping all of the higher density up here close
to the arterial, going with this east-west street here, where we don't have -- we don't
have any access off that street, because these are alley loaded. And, then, there is a
landscape strip here and everything orients off the loca[ streets. Chris is right, we -- this
is -- our lowest density is in here. As far as density-wise, we are compatible with
Waterbury. These lots here are like 85 wide by a hundred deep, which puts it about
8,500 square feet. We are 80 -- around 80 by 97 and I couldn't match their depth
exactly, because of your sewer trunk. And right now where I set this street, I'm just at
the very edge of your sewer corridor and I had to get staffs permission to fudge a little
bit just to make this street work, so --
De Weerd: Fudge?
McKay: Fudge. Yeah. A little bit.
Meridian City Council
October 4, 2005
Page 26 of 61
Rountree: That's scientific, isn't it?
McKay: Yes, it is.
Bird: Yeah.
McKay: So, he's right, they have seven lots, I have eight, but as far as the density down
here, I've taken great effort to match -- you know, these are 77 to ten thousand square
feet down in here. [met with -- when I did the neighborhood meeting, these people
were very pleased with our lot sizes and our density, so I think, you know, we have
really tried to keep the lowest density, the largest lots, below this Creason Latera[,
matching and trying to coexist with these adjoining residences. The Venable Lane
issue, I can't solve the problem, but I'm not making it any worse by what I'm doing. ['m
trying to create options here. Where we put this stub street, [ coordinated that with Mr.
Simunich to make sure that it would be able to go in front of his home and extend into
his property in the future, so he could eliminate this driveway and take access here.
And we told him we would set this -- because it's for his benefit where ever he needed
it. We also told him we'd give him another stub street if he wanted it. He doesn't want
this one and, obviously, the Waterbury people are concerned that they may get some
traffic dropping down through Mr. Simunich and going out to Meridian Road. So, I
guess that's up to the Council, you know, on how they want to view that. With only 24
lots, my past experience I think with the fire department is if we are less than 30, we can
go with one single point of access; is not that correct, Joe?
Silva: Fifty.
McKay: Fifty. And we estimate that this would definitely be less than 30 lots in there,
just based on the size. As far as the enclave, the Council made the decision to provide
him sewer and water without annexing, so that was a decision that predates our
application. I think what we are trying to provide here is, obviously, something that is in
line with the neighborhood center, the intent of diversity in lot sizes, access, garages,
giving different looks to the homes, to the lots, by changing the width and providing a
diversity in product and that's the whole point behind your neighborhood centers and
what is promoted in your Comprehensive Plan. This was not an easy parcel to design.
We had probably four or five different versions and concepts to try to figure out how to
make this work. There were so many constraints that a lot of our -- the way we design
some of these, our hands were just tied. With the stub streets, you got to match them.
Where the sewer is, we have to match it. Have to accommodate the Creason lateral.
Five Mile Creek. I think -- [ think this is what -- you know, when you look at that graph in
the Comp Plan, this is what the Council had in mind when they incorporated that
neighborhood center and by, obviously, allowing this to just be one lot, this can come to
fruition, this neighborhood center. Do you have any questions?
De Weerd: Council?
Bird: I have none.
Meridian City Council
October 4,2005
Page 27 of 61
De Weerd: No. Thank you.
McKay: Thank you.
Grady: Madam Mayor?
De Weerd: Yes, Len.
Grady: I'm looking at this agreement and it looks to me like what was waived was the
connection fees. I'm not so sure about the annexation. I'm not seeing that in here.
Rountree: I think that's correct.
Grady: [t seems to indicate that that was not put in here. That he would be required to
annex.
Rountree: That was my understanding.
Grady: He would be required to annex.
De Weerd: That he would be required to annex. As this property developed or at what
point?
Grady: It says subject to any other standard agreement of the city for extension of
sewer services outside of the city limits, whatever that means.
De Weerd: So -- and he would be surrounded by three sides with this. Thank you.
Canning: Madam Mayor -- three sides? Four.
De Weerd: Is that yellow?
Canning: Yes. That's Valen Court Subdivision.
Rountree: That's Valen Court. That's already been annexed.
De Weerd: Okay.
Canning: There are no stub streets going west from Va[en Court. They all go north
toward the neighborhood center.
De Weerd: Okay. And we don't see the plats, because it's not final platted? Is that why
there are no lots on there?
Nary: Madam Mayor?
Meridian City Council
October 4, 2005
Page 28 of 61
Canning: It just hasn't caught up with the drawing yet. I think it has final platted. Va[en
Court.
Nary: Madam Mayor?
De Weerd: Okay. Yes, Mr. Nary.
Nary: I'm just going to inform you and the Council -- I mean under the -- under Idaho
Code 5222 and sub four, I mean once a property is hooked to your city municipal water
system or sewer system, then, that is consent to annex. So, you can annex the
property. Even if it wasn't surrounded. But because it is surrounded and it is on the city
system, that is consent to annex as well.
De Weerd: Okay. Thank you. Okay. Council, any further information needed? Or
discussion? Questions for staff or the applicant?
Rountree: I have none.
De Weerd: Okay. [would entertain a motion to close the Public Hearing.
Wardle: Madam Mayor?
De Weerd: Mr. Wardle.
Wardle: I move we close the Public Hearing on Items 8,9 and 10.
Rountree: Second.
De Weerd: Okay. Motion to close the Public Hearing on Items 8 through 10. All those
in favor say aye. All ayes. Motion carries.
MOTION CARRIED: THREE AYES. ONE ABSENT.
De Weerd: Okay. Any discussion?
Bird: I have none.
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Rountree: You knew I was going to say something. Boy, Packard Estates' predilection
for finding lanes is incredible. And we have all sat through that. And now we have yet
another one that I can envision creating all kinds of problems for the developer and the
city yet again in the future. That's one issue. I appreciate the idea of holding out the
Meridian City Council
October 4, 2005
Page 29 of 61
community center or the retail center for future development to see what's happening
there. I think that's consistent with what I read in the Comp plan. I'm a bit concerned
about the market for the product that we see. We have seen some of these come back
to the city wanting to re-subdivide to make lots bigger, because the market is for larger
lots in some cases. So, we have seen some of these particular developments sit for a
long time. I'm a little concerned with the open Creason-Finch, whatever lateral it is. I
think it's right there on the sides of where we could -- don't need to vary or we can
require plumbing. [[ike the idea that with this development we get some
interconnectivity and looping with pathways. But when I look at some of the issues that
I can anticipate are going to come back to this Council -- Anna, you know what I'm going
to say. I'm not in that big of hurry to annex another problem for the City of Meridian. I'm
done.
De Weerd: Okay. Thank you, Mr. Rountree. Any other comments, Council?
Wardle: Madam Mayor?
De Weerd: Mr. Wardle.
Wardle: Just some comments -- and certainly, Mr. Rountree, I'm not necessarily in a
hurry either. One of the things that I do like about the development -- and I certainly
would agree that -- that the ability to pipe that ditch is something that we should look at.
[ know that we like open waterways and I know that we want pathway next to those, but
sometimes we need to take a look as a city on some of our requirements, because if it's
not meshing with what other agencies are looking for or even the development
community, we might want to take a stronger look at that. I do like the density changes
that this brings. One of the things that [ think, from a Comp Plan standard, is if we are
going to have a viable commercial center, we need to have some higher density
residential near those. Having seen this type of a product before, [ agree with the alley-
loaded lots. Whether the market can bear that or not is certainly a question of
economics and vitality within the community of Meridian. So, those are my general
comments on the application.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I, too, am not in a real hurry to annex anything, but it seems like we have got to --
I agree with Councilman Wardle, I think that it's a well laid out subdivision. I believe that
it's going in and out -- we have jumped -- I mean we have got a lot of subdivisions miles
away from it that we have approved and everything else and this does kind of do some
fill in. I don't believe that this is going to be the same type of problem we had on the
lane, for the simple fact is only one person actually gets access through this lane and he
happens to be the guy that's selling the property that wants to see the development.
Where on the other one we had something like nine or ten people that lived on it -- that
live on it. So, [ don't see any problem with the lane. I think this is a very good project
Meridian City Council
October 4, 2005
Page 30 of 61
and I personally am not the developer, don't have any money involved in it, so the
market will tell him whether they want to keep this density or come back and re-p[at.
But ['m not here to tell them they -- how to spend their money or where to spend it.
That's my comments.
Wardle: Madam Mayor?
De Weerd: Mr. Wardle.
Wardle: Just -- I forgot my comment on the commercial piece and that is in my
experience in commercial development, the one thing that will solve that lane is if that
entire area goes commercial, because they will not let a situation such as Wingate
happen in a commercial project fronting off of Ustick, in my experience.
De Weerd: Thank you. And you look like you have lots of experience.
Canning: Madam Mayor?
De Weerd: Yes.
Canning: I did want to say -- oops -- one thing. We didn't talk much about Valen Court.
But Valen Court previously had an interest on Venable Lane and we did make sure that
they got rid of any interest in that. So, we are just down to two parcels, basically. The
Simunich and the person that would be interested in having it developed, because that
would be the access into their property. So, it seemed like a manageable number to
staff. And Becky will tell you I've told her time and time again, she had to figure out a
way to make Venable work and she seems to have come a long way.
De Weerd: I guess I did hear a comment about our laterals and the conflicts we have
with irrigation districts on whether to pipe or keep open. Certainly, environmentally and
to protect our surface water, our shallow aquifer, we want to keep some of these open,
to allow the percolation of these ditches. I guess the city can attempt to work with the
irrigation district again and to maybe find some better comfort and some agreement --
and we do have an agreement with them on this, but it does seem like every time we
have to fight and it's -- it is putting the development community and the city and the
goals in the middle. So, I guess [ would like to challenge our staff to come up with a
strategy on bringing some of those interests in line, so we can have a more common
front in doing that. And on the alleys, I would just ask if Council does pass this tonight,
that we have had some challenges, the alleys are still ACHD, they are not the city's, but
we would recommend some kind of boulders near the entrance or something that
mitigates cars cutting the corners in those corner -- those end lots, because we have
had some concern from property owners that live on those end lots of cars rounding the
corner, instead of taking them square, so --
Meridian City Council
October 4, 2005
Page 31 of 61
Wardle: Madam Mayor, the applicant has indicated they are going to put curb and
those are a little bit wider than the alleys that are currently having the problem, the 12
foot ones, These are 14 feet.
De Weerd: Okay.
Canning: It's up 16 now. Sixteen feet.
De Weerd: Well, we appreciate any design that helps eliminate some of those
concerns. Okay. Council, do I have a motion?
Wardle: Madam Mayor?
De Weerd: Mr. Wardle.
Wardle: I move that we approve Item No.8, AZ 05-015, to incorporate staff and
applicant comments and specifically to incorporate or the deletion of the stub street
added by staff, requiring that only one stub street from this development to the seven
acre piece be included in this development agreement. And also the addition of the
comments in regard to the waterway. I'm not sure which one it was.
De Weerd: Creason or Finch.
Wardle: Whichever. The waterway and the path therein and the working with the
irrigation district.
Bird: And new Findings?
Wardle: And to bring the Findings back to us. New Findings.
Bird: He's got a question --
Grady: Madam Mayor, the master grading plan?
Bird: I will second it first.
De Weerd: We will second first and -- okay.
Wardle: Thank you, Mr. Grady, for clarification. That does include the master grading
plan.
Bird: Okay. I agree.
De Weerd: Second agrees?
Bird: Second agrees.
Meridian City Council
October 4,2005
Page 32 of 61
De Weerd: Okay. Is there any further discussion? Okay. Mr. Berg.
Roll-Call: Bird, yea; Rountree, nay; Wardle, yea; Donnell, absent.
MOTION CARRIED: TWO AYES. ONE NAY. ONE ABSENT.
De Weerd: Thank you. Staff -- or Council, I guess I would look to you if there is a
recommendation on the Simunich property for staff.
Bird: What are you regarding, Mayor? The annexation of their property?
De Weerd: The annexation.
Bird: Well, I don't think that is a part of this application.
De Weerd: No, it's not, unless --
Bird: We can -- let's pass these and, then, we will talk about that.
De Weerd: Okay. Item 9.
Wardle: Madam Mayor?
De Weerd: Mr. Wardle.
Wardle: I move that we approve Item No.9, PP 05-017, including all comments from
previous annexation and to bring back Findings for our approval.
Bird: And before I second it, that includes a revised preliminary plat of September 12,
2005?
Wardle: Yes, it does. Which shows the deletion of the northeastern property from this
specific application.
Bird: I second that.
De Weerd: Okay. Is there any further discussion? Mr. Berg.
Roll-Call: Bird, yea; Rountree, nay; Wardle, yea; Donnell, absent.
MOTION CARRIED: TWO AYES. ONE NAY. ONE ABSENT.
De Weerd: Okay. Item 10.
Wardle: Madam Mayor?
Meridian City Council
October 4, 2005
Page 33 of 61
De Weerd: Mr. Wardle.
Wardle: [move that we approve Item No. 10, CUP 05-022, to incorporate all of the
additional comments and to bring back Findings for approval.
Bird: Second.
De Weerd: Okay. Motion to approve Item 10. Is there any discussion? Mr. Berg,
hearing none.
Roll-Call: Bird, yea; Rountree, nay; Wardle, yea; Donnell, absent.
MOTION CARRIED: TWO AYES. ONE NAY. ONE ABSENT.
De Weerd: Okay. Thank you.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: Regarding Mr. and Mrs. Simunich's property, I'd like our attorney to tell us the
options we have on that.
Nary: Madam Mayor, Members of the Council, [ think if it's the desire of this Council to
explore the possibility of annexing that property, since it's not a consent that's being
sought at this time, would simply be to direct the staff to begin the process of evaluating
that property for annexation and going through the process as outlined in Idaho Code
5222.
De Weerd: Thank you, Mr. Nary. And if you could get in touch with the Simuniches
and talk with them about that.
Bird: Is that your direction, Mayor?
De Weerd: Ves.
Simunich: Madam Mayor, I wish you would let me say a word or two about this at this
time, so the entire Council can hear this.
De Weerd: Mr. Simunich, you can step up to the microphone. If you will just state your
name for the record.
Simunich: Joe Simunich. 955 West Ustick Road. Six or eight months ago I came
before this body, I asked for permission to hook up to the sewer and water and not be
annexed. Why do I not want to be annexed? I have seven acres there. I want to keep it
Meridian City Council
October 4,2005
Page 34 of 61
as agricultural. I don't need to be annexed. Planning and Zoning could not give me
enough answers what I could or could not do with that property. Prior to that, the city
wanted a sewer through my property. They got that sewer with no problem. They
needed another sewer line. They got it. Now, is all I ask for to run one residence,
sewer and water, into the city sewer, complied with all the regulations, and now there is
some problem that I need to be annexed. Why do I need to be annexed? You put city
sewer on my property, how could you do that? I was in the county or in the city -- you
put a city service on my property. Now, I can't put a city service on my property. I just
don't see the rationale here.
Nary: Madam Mayor?
De Weerd: Yes, Mr. Nary.
Nary: I mean certainly having Mr. Simunich explain his concerns tonight is fine, but if
there is a process, there will be a process, he will have an opportunity to also make that
on the record when it is before you properly. So, rather than the debate or discussion
tonight, I don't think you really want to take any further testimony or have any further
response.
De Weerd: No. And I did want Mr. Simunich to have his word, but staff will get a hold
of you, Mr. Simunich --
Simunich: Madam Mayor, I thought we had a process. When I came before the City
Council and you approved sewer and water to that property and not having to be
annexed.
De Weerd: And I believe we can refer to the agreement that we had with you and staff
can work with you on that.
Simunich: Thank you.
Item 11:
Public Hearing: AZ 05-026 Request for Annexation and Zoning of 15.32
acres from RUT to R-S zone for Hollvbrook Subdivision by Hollybrook,
LLC - 3265 North Curt Drive and 540 East Ustick Road:
Item 12:
Public Hearing: PP 05-025 Request for Preliminary Plat approval of 56
building lots and 6 common lots on 15.32 acres in a proposed R-S zone
for Hollvbrook Subdivision by Hollybrook, LLC - 3265 North Curt Drive
and 540 East Ustick Road:
Item 13:
Public Hearing: CUP 05-033 Request for Conditional Use Permit for a
Planned Development for single-family detached units and single-family
attached units with a request for reductions in lot sizes, minimum street
frontage and zero lot line side yard setback for Hollvbrook Subdivision
by Hollybrook, LLC - 3265 North Curt Drive and 540 East Ustick Road:
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October 4,2005
Page 35 of 61
De Weerd: Thank you. Items 11, 12, and 13 is Public Hearing on AZ 05-026, PP 05-
025, CUP 05-033. I will open these three public hearings with staff comments.
Canning: Madam Mayor, Members of the Council, our next project is Hollybrook. It's
located on the north side of Ustick Road, approximately one-quarter mile east of
Meridian Road. As you can see, it's an enclave -- or it's an in-fill project, as are the rest
of the projects tonight. There is a one acre sub immediately to the east and, then,
Sundance Subdivision and, then, Quenzer Commons to the east and west, respect -_ or
not respectively. Sorry about that. Anyway, the applications before you are annexation
and zoning, preliminary plat, and a Conditional Use Permit for a planned development.
The highlight of the proposal are 53 building lots, 11 common lots, on 15.32 acres. The
building lots range in size from 4,432 square feet up to 18,081 square feet. So, there is
quite a range. The gross density is 3.59 units per acre. And they have requested
reduced lots size and frontages. The frontage requirement, instead of the required 65,
they are asking for 55. And the lot size, instead of the required 6,500, they are asking
for 4,800. There are three distinct areas on the site, as you can see. There are large
lots at the south end to match the one-acre subdivision immediately to the east. There
is kind of standard medium density residential lots that connect the two stub streets
coming from Quenzer and Sundance and match the size and type of those units. And,
then, on this little strip, we have smaller units to accommodate the road right of way.
You can tell connectivity was a big issue. I think this is Washaki Street that connects
the two subdivisions there and, again, it was -- there are no stub streets around this
north, so the layout was pretty much predetermined in many ways. And, then, the other
connectivity issue is with Curt Drive. They do take their entrance at the far west end of
this property and they do connect to Curt Drive. In the event that Curt Drive needs an
alternate method in and out of the subdivision, they can use that. As you can tell, there
is just -- there is one road into Weaver Acres right now, so this provides an alternate if
that were blocked right at the front. And, again, they are retaining the existing house on
one of the lots in the southern portion here. We have some elevations I want to show
you and, then, I'll go back to that other one. These are the units that are being
proposed, particularly on the small lots in the narrow area. I wanted you to see the
quality of these. They are nice and they are currently shown as front loaded units, but
what the applicant did -- all the discussion pretty much at three Planning and Zoning
Commission hearings was on this narrow area and what the applicant has done is he
removed some of the lots and, then, he's paired them up and you can see the pairs here
that share a common drive. So, here's two, four, six, eight, ten, 12 units. And, then,
there is a detail here of how those houses could sit on those with the shared drive. So,
he's turned the garage to the side, he's told me he's put Suburbans in these garages
and they are able to back out and enter. So, what we have done is treat this more like a
collector than a local street where there are people backing out onto it. There were a lot
of concerns about people going quickly down this area, because it is a straight shot. As
you come out of here, you go down, you do make a curve here, but we spent a lot of
time talking to the neighbors about additional methods to calm traffic and you can see
there is a curve in the road here. Basically, what's going to happen is that parking lane
goes away for awhile and the road will shift such that you can't see the rest of the road,
it's -- it shifts far enough over that you should be slowing down. And it comes back and
Meridian City CouncJl
October 4, 2005
Page 36 of 61
back over. This took a lot of -- many revisions by the applicant and his civil engineer,
but we think we came up with a compromise that works. And, again, there is nobody
backing out onto these, so you can pull out of these units and come through. The
Planning and Zoning Commission did recommend approval at their September 1 st
hearing. Several people testified at the three hearings held. I haven't detailed them.
They are detailed in your staff report. At the final hearing I believe that the general
consensus was that they had met the concerns of the neighboring community. The key
issues of discussion at those hearings were the design of the way to slow down traffic
and that's the one that I have been talking about with the curve in it. The size and
number of lots in Block 4 and, again, that's this narrowed area is Block 4. The
connection to Ustick Road at Curt Drive. And fixing -- and continued drainage and
irrigation piping. And, then, also having the lots along north Arrowwood Way share
access points. And the key changes to staff's initial recommendation were that the
elevations of building footprints for the single-family residential lots in Block 4 shall be
submitted as part of the development agreement. The reduced number of lots down to
12 along Arrowwood Way. And inclusion of a gazebo in an amenity lot in either Block 1
or Block 4 of the landscape plan and that was here. They do have a few landscaped
areas and, then, the applicant wants to heavily landscape the area in the chicane or
snake or whatever we are calling it these days. And, then, there is an open space lot
here and, then, a pathway connection through here. And, then, they also have items in
their street right of way at three locations. So, after three Planning and Zoning
Commission hearings and untold number of conversations with ACHD and the
applicant, I am happy to say that to my knowledge there are no outstanding issues
before Council. This was a tough one.
De Weerd: Anything further, Anna?
Canning: No, ma'am.
De Weerd: Council, any questions?
Bird: I have none now.
Rountree: Madam Mayor?
De Weerd; Mr. Rountree.
Rountree: Again, my eyesight's failing me on these. Anna, can you help me with the
zoning starting probably on the southwest end and up around the __
Canning: The zoning is the same on all of them.
Rountree: Okay.
Canning: It's just that the building size change -- or the lot size changes dramatically,
but --
Meridian City Council
October 4, 2005
Page 37 of 61
Rountree: Not on this proposal, on the adjacent properties.
Canning: Oh, on the adjacent properties? Hold on just a moment. It looks like it's all --
Rountree: R-4, isn't it?
Canning: No, sir. It's all R-S.
Rountree: It's all R-8. Yeah.
De Weerd: Okay. Anything further?
Rountree: That's alii wanted. Thank you.
De Weerd: Okay. Is the applicant here? If you will, please, state your name and
address for the record.
Nickel: Yes, Madam Mayor. Shawn Nickel, 52 North 2nd Street in Eag[e.
De Weerd: Thank you.
Nicke[: Madam Mayor and Council, the staff is right, this was one of the more difficult
developments that we have had in awhile -- at least that I have had. It is an in-fill
project, but just the configuration of the parcel led us to -- led us to kind of a unique
design. However, we are submitting this with a planned development application
request and staff did make the density. One thing I want to point out is these lots are a
5,000 square feet minimum, so our range is 5,000 plus and they go up in size. Several
neighborhood meetings. As -- every time we had neighborhood meetings and a
Planning and Zoning Commission meeting, we satisfied more and more people and we
-- I think we have done a really good job at minimizing that number. Also, every time we
had to revise the plan we had to go back to ACHD to get their approval and go back to
the fire department to get their approval and the main issue was I believe safety
concerns with this long stretch right here accessing out onto Ustick Road. And so that
is why we did design with the help of ACHD staff this chicane design. That brought up
another issue and that was access to these units -- or these lots within that strip. So,
again, working with staff and ACHD, we came up -- and Planning and Zoning
Commission, we came up with a concept of having shared driveways, so, in essence,
we reduced 12 accesses on this road to six accesses. And also that -- providing that
ability to back out of those garages and not back out onto that street. So, I think we
have done an excellent job of trying to do this. Just to add some suggestions by your
Planning and Zoning Commission that we have added to this development, we did add
a gazebo to this open space area right here. They also provided a bus stop bench at
this corner right here. There is a kids' bus stop here for the people within Weaver
Estates and probably some of our students as well. So, we will have that in there. In
Meridian City Council
October 4, 2005
Page 38 of 61
addition to the landscaping -- more landscaping throughout. Per some requests from
neighbors within Heritage -- or Heritage?
Canning: Quenzer or Heritage.
Nickel: And also Sundance, we did provide some calming areas and some islands here
and here, also a detached sidewalk, to better match the detached sidewalks within
Heritage as it transitions to Sundance. We did finally get a recommendation for
approval from your Planning and Zoning Commission. All the issues [ believe have
been resolved with your staff regarding updated landscape plans and they did
specifically want to see that -- how that -- how the buildings did go onto those lots along
that strip. That was this example right here. So, with that I will stand for any questions
you may have.
De Weerd: Okay. Council, questions for the applicant?
Bird: I have none at this time.
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Rountree: On the long stretch, the 12 lot piece, are we going to be looking at 12 clones
or six clones of the same thing? Is there going to be restrictions on 12 of those? Are we
going to --
Nickel: I'm going to defer that to the developer, who is also the builder of that center
area and he will be able to give you a good idea of that, Commissioner -- or
Councilmember Rountree.
Rountree: Thank you.
De Weerd: Okay. Anything further? Thank you.
Nickel: Thank you.
De Weerd: Okay. I have several people signed up and when I read your name--
Rountree: The developer was going to answer my question.
De Weerd: Oh, it looks like we have an answer to your question. Maybe.
Rountree: Maybe.
De Weerd: If you will, please, state your name and address.
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October 4, 2005
Page 39 of 61
Campbell: Bond Campbell. 2948 South Denali Way in Meridian, Idaho.
De Weerd: Thank you.
Campbell: I am the developer, as well as the builder of those 12 units. They will not be
the same elevation, they will all have different elevations, as well as different paint
schemes that will look different from each set to the next. So, basically, six sets, three
different -- two to three different floor plans, so there will be at least alternating different
sets on each two homes. So, it will be matching floor plans with different elevations with
different colors changing from set to set. They are ranging in size from 1,624 square
feet. They will be from 275 at the very lowest to up to 325,000 dollars per unit. I don't
think these elevations even do the actual product justice in comparison to what they will
ultimate[y look like. They will look nicer than these elevations that you see.
Rountree: Thank you.
Campbell: Did that answer your question?
Rountree: Yes, it did.
Campbell: Okay.
De Weerd: Thank you. Okay. Florence Whittaker. Against. If you will, please, state
your name and address for the record.
Whittaker: Good evening. My name is Florence Whittaker. I live at 3378 North Weston
in Sundance community. Under Section L of the P&Z staff report, it states: The R-8
zoning amendment will provide lots that are similar in nature to existing subdivisions in
the near vicinity. I feel this planned development does not provide lots that are similar
to the area. Weaver Acres has one-acre lots. Some of those properties have varying
lot sizes. My backyard alone is 149 feet from my back door to the back fence. The
width is 112 feet. The planned development would put two two-story houses ten feet off
of my back fence. My other concerns are still with the strip of land running north and
south with a 20-foot wide chicane. Twenty feet is really not very wide when you put two
vehicles side by side. This leaves very little room for error. What about vehicles that
park on the street? You know, people have company. Where do these people park?
What happens on garbage collection day? If you look at the measurements of the
roadway, it states on the plat that it's 16 and a half this way, 16 and a half this way.
That is just 33 feet on my ca[culator. They state on the plat that it's 34 feet wide with
sidewalks on each side. The width of this property is only 121 feet wide and they are
trying to cram this amount of stuff into this little area, I just can't understand what the
thinking is here. I have been to every meeting dating back to April 7th about this
planned development. I think this is my fifth time here and I have only lived in Meridian
for ten months. I would really like to see something come out of this that makes sense.
This seems to be very -- I mean too many houses crammed into this strip of land with
an insufficient roadway. With all the land here in the Treasure Valley, why are we
Meridian City Council
October 4, 2005
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crowding houses one on top of another? This is going to make for very crowded
conditions 20 years from now. That is alii have to say. If anybody has any questions.
De Weerd: Thank you. Any questions from Council?
Bird: I have none.
De Weerd: Thank you. Kathy Sherman? Against. If you will, please, state your name
and address.
Sherman: Kathy Sherman. 3458 Weston Way, Meridian.
De Weerd: Thank you.
Sherman: Good evening. I still have reservations about the one strip of land. I have
been to all the meetings, too, and all of them the main focus is the argument of the strip
of land. I'm concerned about what standards we are setting for the City of Meridian. It
is clear that one strip of land is not ideal for building, because if it were, then, the builder
would not have to ask for reduced lot sizes or less than minimum street frontage. I feel
that these requirements should be met by the builder and there should be no exceptions
to the rule. I know we cannot stop development, but there should be some kind of
limiting standards, because it appears that the builder has been allowed to put houses
basically anywhere there is room or in this case not room. Do you have any questions?
De Weerd: Council? Okay. Thank you. Letha Quinn. I'm sorry if I messed your name
up.
Quinn: Letha Quinn. 456 East Patagonia.
De Weerd: Thank you.
Quinn: And just as an introduction, I do also live in the section right in the -- I can't get
this to point here, but, anyway, it's in what looks like -- I know the question was is this, in
fact, an R-8 or an R-4 and the question is that we have lots that are, basically, quarter
acre lots along that side. So, there is a dramatic change from quarter acre to half acre
lots along there to small housing lots. I mean I wanted to say, first of all, I do appreciate
the developer and all the work that they have done. The product we have now is much
better than when we first started. When we first started we had patio homes with
people backing out into the street. So, there has been progress here and [ appreciate
the shared driveways. That does address the concerns of safety along that road. But
we were not in the general consensus at the last meeting of people who agree and the
Council did not approve this unanimously. There were two major objections to the
development in just the B[ock 4 section that I'm talking about. First was Mrs. Whittaker
mentioned the staffing report talked about that there should be a transition between
areas, so there is a gradual transition, and that it shouldn't be invasive in nature. I have
a question also to the actual setbacks of the house. They are asking for ten feet
Meridian City Council
October 4, 2005
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easements. So, the question is, is it ten feet from our back fences or is it five feet from
the back fence? What's -- the way [ understand in the staffing report is that 15 feet is
normally required as a setback on the rear. So, [1m just wondering how far are we
actually from that back? The second question -- the second obstacle, of course, is the
nature of the road. When you look at that road and how it connects to Ustick, it is what
we believe is a collector road. You see how many neighborhoods above -- I guess have
to go back a little bit. In the subdivisions above it and both north and south of it that are
connecting to that road, it will become a major collector road. You know, on Ustick the
traffic, obviously, is increasing and so we do have an issue that street is simply not
going to be enough. It goes from a 33-foot road to a 20-foot road. To put it in
perspective, this is the same width as the proposed shared driveway that we are talking
about. It was also the same width as Crossfield was talking about as an alleyway. So,
this is simply just a 20-foot road. It doesn't allow two vehicles on there with any type of
sideview mirrors and sidewalks on the end, we are looking at dangerous situations with
children being hit by sideview mirrors, by any type of variance is a bad deal. Any
Questions?
De Weerd: Any questions, Council?
Bird: I have none.
De Weerd: Thank you. Shelly Alexander. You share the same sentiments. She also
signed up against. Jody Pierce. Against.
Pierce: Jody Pierce. 3342 North Weston Avenue.
De Weerd: Thank you.
Pierce: I would like to agree with Flo and the other gals that have spoken, but I would
also like a Iitt[e bit of clarification on the permit request. [t states here for attached
homes -- and I just would like that to be clarified so that it couldn't come back and the
homes be changed, because originally the request was patio homes and now it's been
changed several times through the meetings and [ just would like clarification. At the
last Planning and Zoning meeting they had stated that that permit request would be
changed. So, I just wanted to verify that that will be changed. Thank you.
De Weerd: Okay. Thank you. Linda Roberts. Neutral. If you will, please, state your
name and address for the record.
Roberts: My name is Linda Roberts. I live at 3525 Curt Drive. Am I the only one from
Curt Drive here? This is really unusual. We have been here en mass.
De Weerd: Thank you.
Roberts: Most of the time --
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October 4, 2005
Page 42 of 61
De Weerd: Can you show us where that might be? There is a pointer in front of you.
Roberts: My home is -- this is my home. This is my lot. This is where [ live.
De Weerd: Thank you.
Roberts: And I have been there for 30 years. So, we have seen a lot of things go on
over the last ten or 15 years in Meridian.
De Weerd: Yes, you have.
Roberts: And that's why I'm neutral. We understand that it's -- that housing is going to
come in and that something is going to be done with this subdivision. We have really --
I feel like we have been involved in a lot more than we wanted to be involved in and it's
to the point that I truly think that it's about as good as it's going to get, with all of the
work that's been done, simply because, you're right, it's a narrow street, it's 125 feet
across that back section and you only have so much room, but I think the developer
has, you know, done the best that he can do with what he has to work with as well. So,
that's all I have.
De Weerd: Okay. Thank you. Okay. That is who has signed up. Is there anyone who
would like to provide further testimony? Okay. Would you like to -- I hate that rebut
thing, but --
Nickel: Thank you, Madam Mayor.
De Weerd: The final word.
Nickel: Again, Shawn Nickel, for the record. And I do appreciate the neighbors that
have come out and spoken. We did have 21 people sign up to testify at our first
Planning and Zoning Commission, so I think is a -- this shows you that -- and I think
that's why Linda has stated the lack of people from Curt Drive, the majority of those
people, I believe, were satisfied also with our continuous revisions. Just to point out a
couple of things. Through the PO process, we are not asking for any reduction in
setback and specifically the rear setback of these lots right here. They will be a
minimum of 15 feet, as is with all standard subdivisions. Secondly, we are not asking
for any reduction in the width of this roadway. The only thing that was asked by the -- or
from the highway district for reduction was the right of way, because of the width of this
strip right here. The roadway, however, is a 34-foot surface, which will allow parking on
both sides, with the exception of that chicane area. I do believe it is wide enough that
people aren't going to be bashing mirrors together. Also want to point out that the
sidewalk within that area is a detached sidewalk both sides of the chicane to help also
with safety for pedestrians going along that stretch right there. One Planning and
Zoning Commissioner did vote against it and we still haven't figured out why. Mr. Moe
did that. But that was -- that was the one opposition. The Fire department did approve
the roads. And to clarify the testimony, those will be detached homes throughout the
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October 4, 2005
Page 43 of 61
subdivision. We originally had patio homes that were attached in our first application
and I think it just got carried on in the public notice, but it is -- they are all detached.
That's alii have. If you have any other questions for me?
De Weerd: Okay. Council?
Bird: Madam Mayor?
De Weerd: Yes, Mr. Bird.
Bird: I just would like Shawn to point out or Anna to point out -- go back to the overall
deal. Where is North Weston Way and --
Nickel: Which one, sir?
Bird: North Weston Way.
Nickel: This right here.
Bird: Okay. That's the one and the one lady testified that she had 149 feet from her
back.
Nickel: Right here? There?
Bird: Those are still R-S subdivisions?
Canning: Yes, sir.
Bird: Thank you. Thank you, Shawn.
Nickel: Thank you.
De Weerd: Okay. Any other questions from Council? Okay. Thank you. Council, any
questions for staff? Further clarification needed? Okay. Hearing none, what would you
like to do?
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I move we close the public hearings on AZ 05-026, PP 05-025, and CUP 05-033.
Rountree: Second.
De Weerd: Okay. There is a motion to close the public hearings on Items 11 through
13. All those in favor say aye. Okay. All ayes.
Meridian City Council
October 4,2005
Page 44 of 61
MOT[ON CARRIED: THREE AYES. ONE ABSENT.
De Weerd: Counsel, any discussion?
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Rountree: I think everybody agrees this is really a tough piece of land to deal with. It's
one of those if you do something with, part of the people are going to be happy and if
you don't do anything with part of the people are going to be sort of happy, because at
some point in time it's probably not going to be a very pretty piece of property. I
struggle with this, but we are going to see more and more of these small pieces of in-fill,
as opposed to the one we previously saw of a rather large acreage. I guess I'm inclined
at this point to say you probably have done the best thing you can do in terms of the
highest and best value of this piece of property. But I wish we would start master
planning larger pieces of land in this city, so we don't run into these situations more and
more. It just takes money. I know.
Bird: Madam Mayor?
De Weerd: Mr. Wardle.
Wardle: My comments -- and I agree completely with Mr. Rountree, that this is certainly
a difficult piece. And I can see why we had so many hearings and we had a number of
compromises. The one part -- and I'm sure it's the same part that everyone's having a
tough time with, is that middle stretch. It appears to me that the top of this development
and the bottom portion of this development certainly are in keeping with the majority of
our Comprehensive Plan. I'm having a hard time making a compromise within the
transportation, which is to narrow and bend a public street to try to somehow decrease
the -- I'm not sure if it's the speed or the flow or whatever the traffic is, when we have
some collector -- not certainly through the one acre subdivision, but in the one next.
And so that's a difficulty that I have. Certainly appreciate all the neighbors input and the
developer's willingness to change.
De Weerd: Thank you, Mr. Wardle. Mr. Bird.
Bird: I agree with Mr. Rountree, the fact that that is an awful difficult piece of ground to
deal with and I think the developer has worked pretty hard. I, too, agree with
Councilman Wardle about that road down there that we are narrowing down and
everything, but I don't know what the narrow spots are going to be. I have a real
problem getting -- not getting a fire truck through as much as getting -- having to stop
there and fight fires and that and to have your sides fold down where your ladders and
stuff come off. You definitely need more than what it looks like in that and I have no
Meridian City Council
October 4, 2005
Page 45 of 61
idea what that -- and staff can probably tell us what that reduces down to from 34 to -- to
what in that --
Canning: Twenty feet, sir, which is the minimum that the fire department requires.
There is a right of way, if for some reason they ever needed to exceed it, it's -- the full
right of way width is there, there is just additional landscaping where the chicane is.
Bird: Thank you.
De Weerd: Okay. Anything further? Okay. Council, what would you like to do?
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: ['II throw this out and see what it does. I move that we approve AZ 05-026, with
Findings and Conclusions of Law and to incorporate staff, applicant, and public
testimony.
Rountree: Second.
De Weerd: Okay. Motion to--
Rountree: It's not that late, Mayor.
Bird: It's not that [ate yet.
De Weerd: No, it's not. Motion to approve Item 11. Is there any discussion? Mr. Berg,
will you, please, call roll.
Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, absent.
MOTION CARRIED: THREE AYES. ONE ABSENT.
De Weerd: Okay. Thank you, Mr. Berg. Item 12.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I move we approve PP 05-025 and let it be known as the drawing dates on the
preliminary plat 9/20/05 and that we include Findings of Facts and Conclusions of Law
and incorporate all staff, applicant, and public testimony.
Rountree: Second.
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October 4,2005
Page 46 of 61
De Weerd: Okay. The motion is to approve Item 12, with the clarification on the date
on the plat. If there is no further discussion, Mr. Berg, will you call ro[1.
Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, absent.
MOTION CARRIED: THREE AYES. ONE ABSENT.
De Weerd: Thank you. Mr. Berg. Mr. Bird.
Bird: Madam Mayor, I move we approve CUP 05-033, including the Findings and
Conclusions of Law and to incorporate all staff, applicant, and public testimony.
Rountree: Second.
De Weerd: Okay. Motion is to approve Item 13. Mr. Berg.
Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, absent.
MOT[ON CARRIED: THREE AYES. ONE ABSENT.
Item 14:
Public Hearing: AZ 05-037 Request for Annexation and Zoning of 3.57
acres from R-1 to R-S zone for Breinholt Subdivision by Richard and
Susan Breinholt - 2580 North Meridian Road:
Item 15:
Public Hearing: PP 05-036 Request for Preliminary Plat approval of 22
single family residential lots and 3 other lots on 3.57 acres in a proposed
R-8 zone for Breinholt Subdivision by Richard and Susan Breinholt -
25S0 North Meridian Road:
De Weerd: Okay. Items 14 and 15 are public hearings AZ 05-037 and Public Hearing
on PP 05-036. I wi[1 open these two public hearings with staff comments.
Canning: Madam Mayor, Members of the Council, this is Breinholt project. It's located
on the east side of the Meridian Road, approximately one-half mile north of Fairview
Avenue. As you can see we are looking at another in-fill project.
De Weerd: We have saved them all for one night.
Canning: All at one time, apparently. The highlights are -- the subject applications are
annexation and zoning and preliminary plat. The highlights include 22 building lots and
three common lots on 3.57 acres. The gross residential density is 6.17 dwelling units
per acre. We'd like to point out that this property has an interesting challenge and/or
opportunity of having four stub streets to it. What they have done is connect three of
the stub streets and, then, continued the fourth street, a stub street, up to the yet
undeveloped property to the north. This would be their access to the south and there is
also a stub street to that from the north. There wouldn't really be an opportunity here,
Meridian City Council
October 4, 2005
Page 47 of 61
because there is a drain or latera[ -- I forget which one it is, but there are massive
amounts of water in that location, as I believe. The Planning and Zoning Commission
has recommended approval of this and at that hearing Reese Leavitt from Leavitt
Engineering and Richard Breinholt spoke in favor of the application. There was no one
opposed to it. Mr. Sweet did comment on it. The key issues of discussion were the
design of the street layout, due to ACHD's concerns on Voyager Street and, then, the
pathway, open spots -- open space lots on the South Slough. That's the name of the
feature. Couldn't remember it. And the continuance of flood irrigation to Mr. Sweet's
property. He is to the north. I do need to point out one issue. This -- this is the plat that
was in your Findings attached with the exhibit and I did notice that it's incorrect, it
doesn't show the connection from this stub street up to this street. So, we will need to
get you revised Findings that have the correct plat on them or we can just substitute that
as a minor change, but this is the incorrect plat. Right now it's showing a common lot
along the full south side of that street and this stub street needs to connect. I think with
that, I wil[ answer any questions you may have.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: Anna, where is the revised plat at?
Canning: I'm not sure, sir.
Bird: Well, how do we pass on something that we can't physically--
Canning: I think you have a large copy of it.
Bird: I don't believe so.
Canning: Okay. I guess we didn't get -- we didn't get a reduced copy. The signature
date on the revised plat is June -- July 19th, 2005, and that's on the large one.
Bird: Thank you, Anna.
De Weerd: Okay. Anything further from Council? Okay. Is the applicant here? If you
will, please, state your name and address for the record.
Leavitt: Honorable Mayor and Councilmen, my name is Reese Leavitt of Leavitt and
Associates Engineer and --
De Weerd: Thank you.
Leavitt: -- [ can say we did submit a revised plat. That was a requirement that we
connect the sub street. We have reviewed the conditions and requirements of approval
and we -- we are the owner and we in agreement with those and it's been a pleasure to
Meridian City Council
October 4,2005
Page 48 of 61
work with staff. They have been very supportive. We, as well, would encourage you to
approve the project. Mr. Breinholt is also here and he or I, either one, would be happy
to stand for questions.
De Weerd: Okay. Thank you. Council?
Bird: I have none.
De Weerd: No?
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Rountree: Just a question and -- was there ever any consideration of vacating the
center stub street?
Leavitt: It was, actually, the owner's desire to not connect with the center stub street,
but that was a requirement of ACHD and couldn't be vacated, because several of the
adjacent residents take access off from the stub.
Rountree: All right. Thank you.
De Weerd: Okay. Any further questions? Thank you. Okay. [do have others signed.
We have Ed Sweet signed up for.
Sweet: Hello, Madam Mayor and City Council, Ed Sweet, 2640 North Meridian Road.
De Weerd: Thank you.
Sweet: First, I did sign up in support of the subdivision. Last meeting I brought up a
couple of concerns that had to do with -- one was irrigation and the other foreign water
that was going to be run into that -- into the property that lawn up there and -- but the --
I had just one issue that I wanted to discuss. And I'm not sure if it can be clarified here,
but on -- let's see, page three -- let me just get down to this. Make sure I'm right on the
right page here. The clarification that I was asking would be on page three from staff.
G. It has to do with the landscaping. Item number two. There is a 15-foot multi-use
path along the south side of the South Slough as shown on Lot No. 20, Block 1. Could
you show me where that path would be coming down through there that would be
required?
Canning: Madam Mayor?
De Weerd: Yes.
Meridian City Council
October 4, 2005
Page 49 of 61
Canning: The path comes down generally where it gets so heavy that ifs hard to see
whafs going on there. But it comes -- yeah. Comes down here and across and, then,
down.
Sweet: I'm assuming that path would continue down the south on my property -- a
future path; is that correct?
Canning: Yes, sir.
Sweet: Okay. Okay. [just wanted to clarify where that path was expected to go. So, it
is expected to go the full length of that South Slough. And that -- and that would be
adjoining -- what was the goal of that path, may I ask? Where will that end up once it
goes through that length of my property?
Canning: Madam Mayor, Members of the Council, if you'd like me to pull up the
Comprehensive Plan I can show you that designation. The pathway does go into
subdivision streets through -- as it travels eastward here.
Sweet: Okay. Thank you. I just wanted to clarify where that was going and where it
was going to be extended to, so --
Canning: [think it's basically in that general configuration.
Sweet: Okay. One last quick item and that is I did call staff and request a concern of a
couple of trees -- if I could get that pointer. A couple of trees that are actually on the
property -- on the property fence line. They referred me to Parks and Recreation and I
did call Elroy Huff and he come out and took a look at that. [believe he's going to
request a couple of those trees be removed. Golly. It's right where the irrigation that
waters both properties come down, which that irrigation now has got to be tiled and
goes under. There are two trees right there right on the property line. So, he sees that
they are going to be a problem, so he asked me to come and just on the record make a
statement about those -- a concern of those two trees. He says he hasn't been involved
yet in any tree mitigation, but they will be bringing him into the picture on that. So, I did
what he requested me to do. That's my only -- that was my only concerns. Thank you.
De Weerd: Thank you, Mr. Sweet. Any questions from Council?
Bird: I have none.
Rountree: I have none.
De Weerd: Okay. Thank you. We also have Mr. Breinholt. Would you like to provide
testimony?
Breinholt: Mayor and -- is this on?
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October 4,2005
Page 50 of 61
De Weerd: Yes.
Breinholt: I think I can --
De Weerd: If you will, please, state your name and address for the record.
Breinholt: Richard Breinho[t. My residence is 1976 Star Lane, Meridian.
De Weerd: Thank you.
Breinholt: The staff and ACHD requested that we connect this road here and it's a very
simple change from this plat here. It's just an arched curve continuing on into the road
there through the common lot area. The trees that brother -- or Ed talked about sits
right here along the irrigation. They are large cottonwood trees that are failing at this
point and, then, there is another one. This is the existing house site right here and there
is a very large one right here that's already failing also. So, that was our plan is to go
ahead and remove those trees. In fact, we were asking information on what would be
required from them in the last hearing and we are happy to remove those. They are a
nuisance. The walk path goes essentially -- this is the South Slough and at this point
here it comes close to the property line and the walk path begins right there and comes
over and this is B[ock 20, I believe, which is a -- let's see. That's the -- that's the
easement lot to the roadway. And, then, there is a second 25 lot, which it becomes a
landscape barrier right in here and the walk path goes through that area and, then, out
here through the existing access to Meridian Road, which is -- as far as public access at
this point would go away and this would be our access here and those points there. I
didn't really intend to take a lot of time, but I thought it would be helpful to clarify that for
the Council and if you have any other questions [ would be glad to answer those, too.
De Weerd: Thank you. Council, any questions?
Rountree: Madam Mayor?
De Weerd: Yes, Mr. Rountree.
Rountree: You indicated the comment about public access on the one access point
there now serving the home on the side. That will be eliminated?
Breinholt: Yes. That's correct. The Ada County Highway District is pretty adamant that
that be no access onto Meridian Road. It's only for public access to the walking path
itself. [f I could show the vicinity map, I can kind of show what that -- that pathway
follows this South Slough all the way along and I'm not sure where it goes up into the
subdivision here, but it also, [ believe, is supposed to continue down along through --
let's see. ['m lost here. Right along here, down along the South Slough as it continues
on. So, it becomes a nice amenity to the entire community and I think it's very important
and I'd like to state that for the record, that that -- that be part of these developments,
Meridian City Council
October 4. 2005
Page 51 of 61
both of them. Mr. Sweet's property is here and they are in process of application for
that site there also.
De Weerd: Okay. Thank you. Okay. Is there any further testimony for this
application? Okay.
Rountree: I have a question for staff.
De Weerd: Yes, Charlie. I'm sorry. Mr. Rountree.
Rountree: Madam Mayor. Anna, what's the -- again, what's the adjacent zoning?
Canning: All R-8 again, except for going to the north it's RUT. Madam Mayor, one thing
[ forgot to point out in my presentation, I apologize, is that there are a number of
attached units. They are all on single-family lots. All but this lot and this large lot
immediately west of it do have pairs of attached units.
De Weerd: Do you have any elevations?
Canning: No, ma'am, we don't appear to.
De Weerd: Okay. Final remarks from the applicant? Okay.
Rountree: Madam Mayor?
De Weerd: Yes, Mr. Rountree.
Rountree: I have a question of the applicant. Before I'm inclined to take action on this -
- again, I'm only one of three tonight -- I would want to see an indication of what the
product is going to look like.
De Weerd: Okay.
Rountree: So, if you have those with you this evening --
De Weerd: If you will -- yes.
Breinholt: We haven't actually gone that far. The intent here is probably to just market
the lots at the point that we get there. So, we don't have any plans of elevations. Any
other questions?
Rountree: I have none.
De Weerd: Okay. Thank you. Okay. Council?
Bird: Madam Mayor?
Meridian City Council
October 4,2005
Page 52 of 61
De Weerd: Mr. Bird.
Bird: [will move that we close the public hearings on AZ 05-037 and PP 05-036.
Wardle: Second.
De Weerd: Okay. Motion to close the public hearings on Items 14 and 15. All those in
favor say aye. All ayes. Motion carries.
MOT[ON CARRIED: THREE AYES. ONE ABSENT.
De Weerd: Okay. Any discussion or further information?
Wardle: Madam Mayor?
De Weerd: Mr. Wardle.
Wardle: I move that we approve Item 14, AZ 05-037, to include staff, applicant, and
public comments and approve Findings.
Bird: Second.
De Weerd: Okay. Motion to approve Item 14. Is there any discussion?
Canning: Madam Mayor, just for clarification, that would include the amended Findings
and staff will get you the correct preliminary plat.
Bird: That comes next.
Canning: Oh, I'm sorry. That was the annexation. Sorry, sir.
Wardle: So, no.
De Weerd: Mr. Berg, will you call roll.
Roll-Call: Bird, yea; Rountree, nay; Wardle, yea; Donnell, absent.
MOTION CARRIED: TWO AYES. ONE NAY. ONE ABSENT.
De Weerd: Okay. Item 15.
Wardle: Madam Mayor?
De Weerd: Mr. Wardle.
Meridian City Council
October 4, 2005
Page 53 of 61
Wardle: I move we approve Item 15, PP 05-036 and to include the amended Findings
to reflect a plat date of July 19th, 2005.
Bird: Second.
De Weerd: Okay. Motion to approve Item 15. Ifthere is no discussion, Mr. Berg, will
you call roll.
Roll-Call: Bird, yea; Rountree, nay; Wardle, yea; Donnell, absent.
MOTION CARRIED: TWO AYES. ONE NAY. ONE ABSENT.
Item 16:
Public Hearing: AZ 05-034 Request for Annexation and Zoning of
7.S9 acres from RUT to R-S zone for Cavmus Cove Subdivision by
Landmark Engineering and Planning, Inc. - 2745 McMil[an Road:
Item 17:
Public Hearing: PP 05-033 Request for Preliminary Plat approval of 27\
single-family residential building lots and 4 other common area lots on
7.89 acres in a proposed R-8 zone for Cavmus Cove Subdivision by
Landmark Engineering and Planning, Inc. - 2745 McMillan Road:
Item 18:
Public Hearing: VAR 05-014 Request for a Variance to exceed the
maximum block length and cul-de-sac length for Cavmus Cove
Subdivision by Landmark Engineering & Planning, Inc. - 2745 McMillan
Road:
De Weerd: Thank you. Items 16, 17 and 18 are public hearings AZ 05-034, PP 05-033,
and VAR 05-014. I wil[ open these three items with staff comments.
Canning: Madam Mayor, this is yet another in-fill project with one long property next to
it that's still in Ada county. This is Caymus Cove. It is on the south side of McMillan
Road approximately a quarter mile west of Linder Road. There is an annexation,
zoning, preliminary plat and variance application before you tonight. The request is for
approval of 27 building lots, all single family detached, four common lots, on 7.S9 acres.
The variance length is for both cul-de-sac length and block length. The Planning and
Zoning Commission has recommended approval. Donald Kelso, Brian Cooper, Dave --
or Kevin Churchman, Mark Smith, all testified in favor of the application and Steve
Toleman testified in opposition. The key issues of discussion were the potential
redevelopment or ability for the To[eman property to redevelop in the future. This does
create a single county enclave of a very unusual shaped lot. Kind if gives new definition
to the meaning of flat lot, when it goes in both locations, it's a real challenge. The
applicant has submitted a variance request, so, again, the Planning and Zoning
Commission did not -- has not recommended on this. The request, if I go up to the --
the applicant was very constrained by the Bridgetower development. There was no --
as you remember this was kind approved as age restricted elderly type of development
and they didn't want a stub street going to the east. And, then, there is one stub coming
Meridian City Council
October 4, 2005
Page 54 of 61
in from the south, but thafs really it. There is not one coming in from the east either.
So, they only have one opportunity to connect to the existing street network and ACHD
did not want them to go through and connect to McMillan. So, really, there is no other
opportunity, except for them to have a longer block length than allowed by code and
also a longer cul-de-sac than allowed by code. There is an emergency access that
goes to the northwest corner of the property that has been reviewed by the fire
department, so this does provide an alternate means of access to the subdivision in the
event this one is blocked. But staff has recommended approval of the variance,
because this is an unusually shaped and constrained property. To our knowledge there
are no other large outstanding issues before Council and I will answer any questions.
De Weerd: Council, any questions?
Bird: I have none, Mayor.
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Rountree: I guess with everything I've seen tonight, this one is just right in there. Why
give an access to the north?
Canning: My understanding is that ACHD wanted to limit access points to the arterial
roadways and also it would take a large culvert to cross the Settler's lateral with a public
street.
De Weerd: Well, how about a pedestrian connection?
Canning: There is a pedestrian connection with the fire access. They have got a paved
surface there. I'll double-check, but that does also function as a pedestrian path.
Rountree: And help me with the plat. We have yet another lane.
Canning: It is not a lane, it is a double flag on this property. Yeah. It's just a driveway.
What we tried to do, sir -- and we tried to accommodate that odd parcel as best we
could. Right here we have put in a 25-foot lot that, basically, can provide future access
to the Toleman property. We did that so that there -- if for some reason he wanted to
divide his property, he could submit a subdivision with the City of Meridian, he could
take access there, and, then, as part of that we could require -- or that he vacate this
portion or that it be somehow taken off of the arterial and come within the subdivision
instead. So, we tried to provide an incentive there. At some point in the future, maybe
not Mr. Toleman, maybe some other future owner, but there is an incentive there to let
him do further division of his property and address that issue. [do the best I can on
these. It's really -- it's a challenge.
De Weerd: Okay. Anything further, Council?
Meridian City Council
October 4,2005
Page 55 of 61
Bird: I have none, Mayor.
Rountree: None.
De Weerd: Is the applicant here? If you will, please, state your name and address for
the record.
Wyatt: Okay. Jed Wyatt. Landmark Engineering and Planning. Okay. Landmark
Engineering and Planning. Business address of 104 9th Avenue in Nampa. And just
like to highlight some of the things that were talked about and some of the things that I
think are positive aspects of this project. First of all, as touched on briefly, this
emergency access that was provided to the north and that access is paved and it will
provide a pedestrian link, as well as a link for fire trucks and emergency vehicles. There
is a canal, Settler's Canal, on the north side of the property and it will be bridged with
that access. The canal -- we have received approval to keep that open, which is
consistent with what has been done to the east of the property. Currently there are
townhomes and patio homes planned on the west side of the property. We have done
our best to transition from those homes to some larger lots that are on the east side of
the property. We have -- on the west side of the road we have square footages that are
a little bit smaller, five to six thousand square -- or six to seven thousand, excuse me,
square feet here and our lot sizes are seven to eight thousand square feet here. And so
it provides a real nice transition in a very limited space between the two -- two different
types of housing. Another thing that we have done to provide a nice transition and
amenity to the site is we have a big park common [at down here on the bottom that will
be an open play area. And this access, like was mentioned earlier, we have an access
lot, common lot, in this portion here and it's 3D-foot wide, not 2D-foot wide, as was
stated. And it will have a blanket ingress-egress easement, as well as a utility
easement on that lot. And just like to state that we are in concurrence with the staff
comments and this plat is in accordance with the Comp Plan and zoning for this area.
And with that I'll stand for questions.
De Weerd: Council, questions for the applicant?
Bird: I have none, Mayor.
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Rountree: I applaud you for providing the 3D-foot access with the enclave. I would ask
your consideration that on that lot you placed a sign that indicates that that is a future
point of access.
Wyatt: Okay.
Meridian City Council
October 4, 2005
Page 56 of 61
Rountree: So, in the future that's just one less issue that has to be dealt with. As
something to consider.
Wyatt: Yeah. I believe we will. It was my understanding that Mr. To[eman does not
want access in right now or -- so --
Rountree: Nor the neighbors on either side of it once they move in there.
Wyatt: Yeah. Sounds reasonable.
De Weerd: Okay. Anything else, Council?
Bird: [have none.
De Weerd: Okay. Thank you. Is there anyone else who would like to provide
testimony on this application? Okay. Seeing none, Council, did you have anything
further for staff or the applicant?
Bird: I don't, Mayor.
De Weerd: Okay.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I move that we close the public hearings AZ 05-034, PP 05-033, and VAR 05-014.
Rountree: Second.
De Weerd: Okay. The motion is to close the public hearings on Items 16 through 18.
All those in favor say aye. All ayes. Motion carries.
MOTION CARRIED: THREE AYES. ONE ABSENT.
Wardle: Madam Mayor?
De Weerd: Mr. Wardle.
Wardle: I move we approve Item 16, AZ 05-034, and to approve the Findings, to
include all staff and applicant comments, specifically Councilman Rountree's comments
in regard to a sign indicating future ingress-egress.
Bird: Second.
Meridian City Council
October 4, 2005
Page 57 of 61
De Weerd: Okay. Motion is to approve Item 16 with the changes as noted. [s there
any discussion? Mr. Berg.
Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, absent.
MOTION CARRIED: THREE AYES. ONE ABSENT.
De Weerd: Okay.
Wardle: Madam Mayor?
De Weerd: Mr. Wardle.
Wardle: I move we approve Item 17, PP 05--
Bird: The variance has to be first.
Wardle: Oh, I'm sorry. Madam Mayor?
De Weerd: Mr. Wardle.
Wardle: [move that we approve Item 18, VAR 05-014, a variance to exceed maximum
block length and cul-de-sac length for Caymus Cove Subdivision.
Bird: Second.
De Weerd: Okay. Motion is to approve Item 18. Mr. Berg.
Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, absent.
MOTION CARRIED: THREE AYES. ONE ABSENT.
Wardle: Madam Mayor?
De Weerd: Mr. Wardle.
Wardle: I now move that we approve Item 17, PP 05-033, preliminary plat for Caymus
Cove Subdivision and to approve the Findings.
Rountree: Second.
De Weerd: Okay. Motion to approve Item 17. Mr. Berg, will you call roll.
Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, absent.
MOTION CARRIED: THREE AYES. ONE ABSENT.
Meridian City Council
October 4,2005
Page 58 of 61
Item 19:
Ordinance No. AZ 05-018 Request for
Annexation and Zoning of 29.18 acres to R-4, R-S & R-15 zones for
Westborouah Sauare Subdivision by JLJ Enterprises, Inc. - SEC of
Jericho Road and Chinden Boulevard:
Item 20:
Ordinance No. 05-1187 AZ 05-027 Request for Annexation
and Zoning of 5.502 acres to R-S zone for Maxfield Subdivision by The
Land Group - 3295 East Falcon Drive:
De Weerd: Okay. Items 19, 20 and -- we will just do Items 19 and 20 we will do first.
Mr. Berg, will you, please, read Ordinances 05-1186 and 05-1187 by title only.
Berg: Thank you, Madam Mayor, Members of the Council. Ordinance 05-1186, an
ordinance Westborough Square Subdivision for annexation of property located in a
portion of the northeast quarter of Section 30, Township 4 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 to R-4, low
density R-S, medium density residential, and R-15, medium high density residential, in
the Meridian City Code, providing that copies of this ordinance shall be filed with the
Ada county assessor, the Ada county recorder, and the Idaho State Tax Commission as
required by law and providing for a summary of the ordinance and providing for a waiver
of the reading rules and providing an effective date.
Berg: 05-1187, an ordinance for Maxfield Subdivision for annexation of property located
in Lot 5 of the amended plat of Lots 3, 4, 5, 6 and 7 of Golden Eagle Estates in a portion
of South Gable Road and West Falcon Drive right of ways situated in the north one half
of the northwest one quarter of Section 2S, 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 to R-S,
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.
De Weerd: Thank you. You have heard these two items read by title only. Seeing that
no one wants to hear it read by -- in its entirety, [ would entertain a motion.
Bird: Madam Mayor?
De Weerd: Yes, Mr. Bird.
Meridian City Council
October 4, 2005
Page 59 of 61
Bird: Can we do both at the same time?
De Weerd: Yes.
Bird: I move that we approve Ordinances 05-1186 and 05-1187 with suspension of
rules.
Wardle: Second.
De Weerd: Okay. Motion is to approve Items 19 and 20. All those -- I'm sorry. Mr.
Berg. Thank you.
Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, absent.
MOTION CARRIED: THREE AYES. ONE ABSENT.
Item 21:
Pseudoephedrine Ordinance:
De Weerd: Thank you. Item 21, the pseudoephedrine ordinance. Mr. Berg, do you
have that that you can read by title only?
Berg: Yes.
De Weerd: And that's 05-1188.
Berg: Thank you, Madam Mayor, Members of the Council. Ordinance No. 05-1188, an
ordinance enacting the new Meridian City Code, Tit[e 6, Chapter 3, Section 11, to set
limits on the over-the-counter distribution of certain -- oh, yeah?
Bird: That's why I call it Sudafed.
Rountree: Pseudoephedrine.
Berg: -- product, providing a penalty -- providing a savings clause and providing an
effective date.
De Weerd: Okay. That was the first reading on that item. You will have it again for the
next two weeks on the agenda, if there is any comment.
Item 22:
Executive Session per Idaho State Code 67-2345(1)(c) (to conduct
deliberations concerning labor negotiations or to acquire an interest in real
property, which is not owned by a public agency):
De Weerd: We do have scheduled an Executive Session. I would entertain a motion to
adjourn into Executive Session. Does anyone want to make a motion?
Meridian City Council
October 4,2005
Page 60 of 61
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: Tell Mr. Rountree to quit telling jokes. Madam Mayor, I move we go into
Executive Session as per Idaho Code 67-2345(1 )(c).
Rountree: Second.
De Weerd: Okay. Motion to adjourn into Executive Session. Mr. Berg, will you call roll.
Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, absent.
MOTION CARRIED: THREE AYES. ONE ABSENT.
(Executive Session.)
Rountree: I move we come out of Executive Session.
Bird: Second.
De Weerd: Motion to come out of Executive Session. All those in favor say aye.
THREE AYES. ONE ABSENT. MOTION CARRIED.
De Weerd: Do I have a motion to adjourn?
Bird: Madame Mayor.
De Weerd: Mr. Bird.
Bird: I should say something before we adjourn. This October 1st, we have got five or
six subcontracts. I, for one, can't speak for the other Council would like to know if all
the insurance and stuff has been turned into the Clerk's Office and I would like it in
written form from the Clerk. And I would also -
Rountree: Are you talking about Workmen's Camp?
Bird: I am talking about Workmen's Comp, liability and until it's here they do not get
paid.
Wardle: I agree.
Bird: They should be on file with the Clerk, not with anybody else.
De Weerd: Okay, Mr. Berg.
Meridian City Council
October 4,2005
Page 61 of 61
Bird: Okay, I move we adjourn.
Rountree: Second.
De Weerd: Okay, all those in favor, say aye.
THREE AYES. ONE ABSENT. MOTION CARRIED.
MEETING ADJOURNED AT 10:15 P.M.
E:Se-P- CEEDINGS)
10 I 2~1 O~
DATE APPROV~
September 30, 2005
MERIDIAN CITY COUNCil MEETING
APPLICANT
October 4,2005
ITEM NO.
5-H
REQUEST Water Main Easement Agreement for Track Utilities Office by Buffalo Hump, lLC
AGENCY COMMENTS
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUilDING DEPT:
CITY WATER DEPT:
CITY SEWER DEPT:
CITY PARKS DEPT:
MERIDIAN SCHOOL DISTRICT:
ADA COUNTY HIGHWAY DISTRICT:
SANITARY SERVICE COMPANY
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
MERIDIAN POST OFFICE:
OTHER:
See attached
~~
Contacted:
Emailed:
Date:
Staff Initials:
Phone:
Materials presented at public meetings shall become property of the City of Meridian.
City of Meridian
Public Works Dept.
Memo
To: Mayor De Weerd & City Council
From: Karie Glenn
cc: File
Date: 9/23/2005
Re: Proposed Agenda Items for 10/4/05 City Council Meeting
The Public Works Department respectfully requests that the following items be placed on the
10/4/05 City Council agenda, on the Consent Agenda, for Council's consideration:
1) Water Main Easement for Track Utilities Office bv Buffalo Humo LLC.
Typical Water Main Easement.
Recommended Council Action: Approve the Water Main Easement for Track
Utilities Office by Buffalo Hump, LLC and authorize the Mayor to sign and
City Clerk to attest. -
2) Water Main Easement for Mountain West Bank.
Typical Water Main Easement.
Recommended Council Action: Approve the Water Main Easement for
Mountain West Bank and authorize the Mayor to sign and City Clerk to attest.
Thank you for your consideration.
. Page 1
WATER MAIN EASEMENT
TIllS lNDENTURE, made this _day of 2005 between Buffalo Hump, LLC, the
parties of the first part, and hereinafter called the Grantors, and the City of Meridian, Ada County, Idaho, the
party of the second part, and hereinafter called the Grantee;
WI1NESSET.H:
WHEREAS, the Grantors desire to provide a water main right-of-way across the premises and
property hereinafter particularly bounded and described; and
WHEREAS, the water main is to be provided for through an underground pipeline to be constructed
by others; and
WHEREAS, it will be necessary to maintain, service and subsequently connect to said pipeline from
time to time by the Grantee;
NOW, THEREFORE, in consideration of the benefits to be received by the Grantors, and other good
and valuable consideration, the Grantors do hereby give, grant and convey unto the Grantee the right-
of-way for an easement for the constructiont operation, maintenance, repair, replacement of a water
main over and across the following described property:
(SEE ATTACHED EXlllBIT A & B)
The easement hereby granted is for the purpose of construction and operation of a water line and their
allied facilities, together with their maintenance, additional connection thereto, repair and replacement
at the convenience of the Grantee, with the free right of access to such facilities at any and all times.
TO HA VB AND TO HOLD, the said easement and right-of-way unto the said Grantee, it's successors
and assigns forever.
IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after
constructiOllt making repairs, performing other maintenance or making subsequent connection to the
water line, Grantee shall restore the area ofthe easement and adjacent property to that existent prior to
undertaking such construction, repairs and maintenance. However, Grantee shall not be responsible for
repairing, replacing or restoring anything placed within the area described in this easement that was
placed there in violation of this easement.
THE GRANTORS hereby covenant and agree that they will not place or allow to be placed any
permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this
easement, which would interfere with the use of said easement, for the purposes stated herein.
TIlE GRANTORS hereby covenant and agree with the Grantee that should any part of the right-of-
way and easement hereby granted shall become part of, or lie within the boundaries of any public
street, then, to such extent, such right-of-way and easement hereby granted which lies within such
boundary thereof or which is a part thereof, shall cease and become null and void and of no further
Water Main Easement
EASMT WTR-
track. doc
effect and shall be completely relinquished.
THE GRANTORS do hereby covenant with the Grantee that they are lawfully seized and possessed of
the aforementioned and described tract ofland, and that they have a good and lawful right to convey
said easement, and that they will warrant and forever defend the title and quiet possession thereof
against the lawful claims of all persons whomsoever.
IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures
the day and year fIrst herein above written.
GRANTOR:
Buffalo Hump, LLC
~
Shane Mace
Managing Member
STATE OF IDAHO)
) ss
County of Ada )
On this ~ day of ~ 20~ before me, the undersigned, a Notary Public in
and for said State, personally appeared Shane Mace, known or identified to me to be a Managing
Member, respectively, of the Limited Liability Company that executed the within instrument, and
acknowledged to me that such Limited Liability Company executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year
fist above written.
~ ~~~~':;';i;;"#~.<<
I"~~"':~."".....;~v ~\
! (S~bTA.Ry \ \
5 ~ _0- i s
-;,. "'? pc tJ B \...\ G 00 !i
\"~:::~::~n~:~~/
~-~~~
NOTARY PUBLIC FOR IDAH~
Residing at '-r1. ~C\. dL f)
Commission Expires: f 0 -,,:l,. 4 -,.,Q"cc q
Water Main Easement
EASMT WTR-
track.doc
GRANTEE: CITY OF MERIDIAN
Tammy de Weerd, Mayor
Attest by William G. Berg, City Clerk
Approved By City Council On:
STATE OF IDAHO,
County of Ada
On this _day of 20--, before me, the undersigned, a
Notary Public in and for said State, personally appeared TAMMY de WEERD and WILLIAM G. BERG,
JR., known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and .who
executed the within instrument, and acknowledged to me that the City of Meridian executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first
above written.
(SEAL)
NOTARY PUBLIC FOR IDAHO
Residing at:
Commission Expires:
Water Main Easement
EASMT WTR-
track.doc
Boundary Description
Track Utilities. Waltman Court Subdivision Lot 3. Block 2
Water Main Easement
A water main easement located in the SW X of the NE X of Section 13,
Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, more
particularly described as follows:
Commencing at a 5/8 inch diameter iron pin marking the southwesterly comer of
said SW X of the NE % (Center X Corner), from which a brass cap monument
marking the southeasterly comer of the NE % of said Section 13 (1/4 Corner)
bears S 89052'22" E a distance of 2642.81 feet;
Thence S 89052'22" E along the southerly boundary of said SW % of the NE % a
distance of 1321.57 feet to a 5/8 inch diameter iron pin marking the southeasterly
corner of said SW X of the NE X;
Thence N 0013'29" E along the easterfy boundary of said SW ~ of the NE ~ a
distance of 25.00 feet to a point;
Thence continuing along said easterly boundary N 0013'29" E a distance of
635.01 feet to a point;
Thence leaving said easterly boundary S 89033'18" Wa distance of 164.38 feet
to a point along the southerly right-of-way line of West Corporate Drive;
Thence leaving said right-of-way line S 0014'07" E a distance of 12.36 feetto the
POINT OF BEGINNING;
Thence S 21035'44" E a distance of 96.65 feet to a point;
Thence S 68024'16" W a distance of 20.00 feet to a point;
Thence N 21035'44" W a distance of 96.22 feet to a point;
Thence N 89033'18" E a distance of 18.47 feet to a point;
Thence N 0014'07" W a distance of 7.62 feet to the POINT OF BEGINNING;
This parcel contains 1858.34 square feet (0.043 acres) and is subject to any
other easement existing or in use.
Clinton W. Hansen, P.LS.
Land Solutions, P.C.
September 20, 2005
~"""\ p. c[ A
/ (
TRA\..-K UTILITIES OFFICE /SHOP
LOT 3, BLOCK 2 OF WALTMAN COURT SUBDIVISION
WATER MAIN EASEMENT
LOCATED IN THE SW 1/4 OF THE NE 1/4 OF SECTION 13,
TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN,
CITY OF MERIDIAN, ADA COUNTY, IDAHO
2005
?S~~;~"''''''''a
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~~ 0..,::>_',
o1?rq..- "'::>0" ;p.'-,...
LlNC TABLC
LlNC BE4RING OISTANCC
L1 S 01'11'Or C 12.36'
L2 S 21"35'44" C 96.65'
L3 S 68.21'76" W 20.00'
L1 N 21"35'41" W 96.22'
L5 N 89.33'78- E 18.47'
L6 N 0.11'or W 7.62'
L7 S 89.33'18" W 164.38.
o 100 200 400
l..-_...J I
LEGEND
.
o
SET fj2" IRON PIN WITH PLS 1 J 118
PLASTIC CAP
FOUND 5j8" IRON PIN
SET 5/8' IRON PIN WITH PLS 1 f 118
PLASTIC CAP
FOUND 8RASS CAP MONUMENT
SECTION LINE/CENTER LINE
EASEMENT LINE
BOUNDARY LINE
~
~
C 1/4 ~ _'321'5:?'_ _ L25 1321.24' ~13'0 18
CP&F INSr.. 'lS89-52:2r C CC 1/16 2642.81' r /.
/9016819' BASIS OF BE4RING WALTMAN LANE ~/t:JNST.
/8426283
~,-t,g.,,- ~
23 1 E. 5TH ST., STE A
MERIDIAN, fD 83642
(208)288-2040 fax (208) 288-2557
www.landsolutions.biz
September 30, 2005
MERIDIAN CITY COUNCIL MEETING
APPLICANT
October 4, 2005
ITEM NO.
5-1
REQUEST Water Main Easeement Agreement for Mountain West Bank
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
f0vU
rlf.
Contacted:
Emajled:
Date:
Staff Initials:
Phone:
Materials presented at public meetings shall become property of the City of Meridian.
08/0212005 TUB 14: 41 FAX 2089394445 The Land Group
I4l 0021007
WATER MAIN EASEMENT
THIS INDENTURE, made this _ day of _, 20_between , the parties of
the first part, and hereinafter called the Grantors, and the City of Meridian, Ada County, Idaho, the party of
the second part, and hereinafter called the Grantee;
WITNESSETH:
WHEREAS, the Grantors desire to provide a water main right-of-way across the premises and
property hereinafter particularly bounded and described; and
WHEREAS, the water main is to be provided for through an underground pipeline to be constructed
by others; and
WHEREAS, it will be necessary to maintain, service and subsequently connect to said pipeline from
time to time by the Grantee;
NOW, THEREFORE, in consideration of the benefits to be received by the Grantors, and other good
and valuable consideration, the Grantors do hereby give, grant and convey unto the Grantee the right-
of-way for an easement for the construction, operation, maintenance, repair, replacement of a water
main over and across the following described property:
(SEE AITACHED EXHIBIT A and B)
The easement hereby granted is for the purpose of construction and operation of a water line and their
allied facilities, together with their maintenance, additional connection thereto, repair and replacement
at the convenience of the Grantee, with the free right of access to such facilities at any and all times.
TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, it's successors
and assigns forever.
IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after
, construction, making repairs, performing other maintenance or making subsequent connection to the
water line, Grantee shall restore the area of the easement and adjacent property to that existent prior to
undertaking such construction, repairs and maintenance. However, Grantee shall not be responsible for
repairing, replacing or restoring anything placed within the area described in this easement that was
placed there in violation of this easement.
THE GRANTORS hereby covenant and agree that they wiH not place or allow to be placed any
permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this
easement, which would interfere with the use of said easement, for the purposes stated herein.
THE GRANTORS hereby covenant and agree with the Grantee that should any part of the right-ot-
way and easement hereby granted shall become part of, or lie within the boundaries of any public
street, then, to such extent, such right-of-way and easement hereby granted which lies within such
boundary thereof or which is a part thereof, shall cease and become null and void and of no further
effect and shaH be completely relinquished.
Waler Main Easemenl
EASMT WTR.doc
08/02/2005 TilE 14: 41 FAX 2089394445 The Land Group
@003/007
THE GRANTORS do hereby covenant with the Grantee that they are lawfully seized and possessed of
the aforementioned and described tract of land, and that they have a good and lawful right to convey
said easement, and that they will warrant ancl forever defend the title and quiet possession thereof
against the lawful claims of all persons whomsoever.
IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures
the day and year first herein above written.
GRANTOR:
;11
~~
~. lfrt7)(c0 'ZgD IH~Lfb:!;<
&cr.e.taJ:y-
$T A TE OF IDAHO )
) ss
County of Ada )
On this (11/1 day of S;CPfUnJx./; ,20tl..2.. before me, the undersigned, a Notary Public in
and for said State, personally appeared Iv( IUl/lO- AI, PE/!-Y . Htz711r/:.f'Zf3) IlAg"" 0c%nd
, known or identified to me to be the :fI.rcslek"ll..,cl S8GF8tafy, respectively, of the
corporation that executed the within instrument, 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
fist above wriUen.
",.........".,#,
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(~~~c 7~
~. NOTARY Py;BLJ6-J; 'R IDANe)
Residing at f?rl/.JR.- , .
Commission Expires: q/ 7 /10
Water Main Easement
EASMT WfR.doc
CITY OF MERIDIAN
Tammy de Weerd, Mayor
William G. Berg, Jr., City Clerk
Approved by Council on :
STATE OF IDAHO,
County of Ada, )
On this day of ,2005, before me, the undersigned, a
Notary Public in and for the State ofIdaho, 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 WI1NESS 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:
EXH/l3IT A
4696 W. Overland Rd. Ste 162 D. Boise Idaho D. 83705 D. 208-342-7957 D. 208-342-7437 FAX
WATER EASEMENT DESCRIPTION
A PORTION OF THE SOUTHWEST % OF THE SOUTHEAST %, SECTION 4, TOWNSHIP 3 NORTH, RANGE
1 EAST, CITY OF MERIDIAN, BOISE MERIDIAN, ADA COUNTY, IDAHO
A Portion of the Southwest % of the Southeast %, Section 4, Township 3 North, Range 1 East,
City of Meridian, Boise Meridian, Ada County, Idaho more particularly described as follows;
Commencing at a found 5/8 inch rebar with no cap marking the South % Corner of Section 4 from
which a found Brass cap monument marking the Southeast corner of said Section 4 bears South
89023'11 East, a distance of 2658.62 feet;
thence along the South line of said Section 4, South 89023'11" East, a distance of714.66 feetta
its intersection with the Southerly projection of the Easterly Right-af-Way of Venture Drive;
thence along said projection, North 00028'15" East a distance of 58.22 feetto a found Aluminum
cap monument marking the Northeast intersection of the RighhH>f-Way of Fairview Avenue (U.S.
Highway 30) and Venture Street;
thence along the Easterly Right-of-Way of said Venture Street, North 00028'15" East, a distance
of 194.36 feet to the TRUE POINT OF BEGINNING;
thence continuing along said Right-of-Way, North 00028'15" East, a distance of 20.00 feet to a
point;
thence South 89024'44" East, a distance of 137.16 feet to a point;
thence North 00035'16" East, a distance of 2.61 feet to a point;
thence South 89024'44" East, a distance of 30.00 feet to a point;
thence South 00035'16" West, a distance of 22.61 feet to a point;
thence North 89024'44" West, a distance of 167.12 feet to the TRUE POINT OF BEGINNING.
Containing 3,421 square feet, 0.078 Acres, More or Less.
TOGETHER WITH:
A Portion of the Southwest ~ of the Southeast ~, Section 4, Township 3 North, Range 1 East,
City of Meridian, Boise Meridian, Ada County, Idaho more particularly described as follows;
Commencing at a found 5/8 inch rebar with no cap marking the South % Comer of Section 4 from
which a found Brass cap monument marking the Southeast comer of said Section 4 bears South
89023'11 East, a distance of 2658.62 feet;
thence along the South line of said Section 4, South 89023'11" East, a distance of714.66 feet to
its intersection with the Southerly projection of the Easterly Right-at-Way ot Venture Drive;
thence along said projection, North 00028'15" East a distance of 58.22 feet to a found Aluminum
cap monument marking the Northeast intersection ofthe Rights-of-Way of Fairview Avenue (U.S.
Highway 30) and Venture Street;
thence along the Easterly Right-of-Way of said Venture Street, North 00028'15" East, a distance
of 42-48 feet to the TRUE POINT OF BEGINNING;
thence continuing along said Right-of-Way, North 00028'15" East, a distance of 20.00 feet to a
point;
thence South 89024'44" East, a distance of 12.18 feet to a point;
thence South 00035'16" West, a distance of 20.00 feet to a point;
thence North 89"24'44" West. a distance of 12.14 feet to the TRUE POINT OF BEGINNING;
Containing 243 square feet, 0.005 Acres, More or Less.
Refer to attached sketch.
End of Description
FOX Land Surveys Inc.
Timothy J. Fox, PLS 7612
T JF:tai
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September 30, 2005
MERIDIAN CITY COUNCIL MEETING
Department Reports
October 4,2005
ITEM NO.
6-C-l
APPLICANT Parks Department - Doug Strong
REQUEST Discussion of land and Water Conservation Fund Grant for Splashpad at Meridian
Settler's Park
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
oA vLJ
pi P)'I.V rfJ
rr lp'f
Contacted:
Emailed:
Date:
Staff Initials:
Phone:
Materials presented at public meetings shaJl become property of the City of Meridian.
September 30, 2005
MERIDIAN CITY COUNCIL MEETING
APPLICANT
October 4, 2005
ITEM NO.
5-J
REQUEST Water Main Easement Agreement for Chicago Connection by CC Investment
Properties
AGENCY
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING OEPT:
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~
Contacted:
Emailed:
Date:
Staff Initials:
Phone:
Materials presented at public meetings shall become property of the City of Meridian.
City of Meridian
Public Works Dept.
Memo
To: Mayor De Weerd & City Council
From: Karie Glenn
cc: File
Date: 9/23/2005
Re: Proposed Agenda Items for 10/4/05 City Council Meeting
The Public Works Department respectfully requests that the following items be placed on the
10/4/05 City Council agenda, on the Consent Agenda, for Council's consideration:
1) Water Main Easement for Chicaao Connection bv CC Investment Prooerties.
Typical Water Main Easement.
Recommended Council Action: Approve the Water Main Easement for
Chicago Connection by CC Investment Properties and authorize the Mayor
to sign and City Clerk to attest.
2) Water Main Easement for Stow-It Mini Storaae .
Typical Water Main Easement.
Recommended Council Action: Approve the Water Main Easement for Stow-It
Mini Storage and authorize the Mayor to sign and City Clerk to attest.
Thank you for your consideration.
. Page 1
WATER MAIN EASEMENT
~ ~hoOl\W' CC_l...."c.Jh~.t.....+ ~Fh~ L.L.L
THIS INDENTURE, made this ~ day of _, 20~between , the parties of
the first part, and hereinafter called the Grantors, and the City of Meridian, Ada County, Idaho, the party of
the second part, and hereinafter called the Grantee;
WITNESSETH:
WHEREAS, the Grantors desire to provide a water main right-of-way across the premises and
property hereinafter particularly bounded and described; and
WHEREAS, the water main is to be provided for through an underground pipeline to be constructed
by others; and
WHEREAS, it will be necessary to maintain, service and subsequently connect to said pipeline from
time to time by the Grantee;
NOW, THEREFORE, in consideration of the benefits to be received by the Grantors, and other good
and valuable consideration, the Grantors do hereby give, grant and convey unto the Grantee the right-
of-way for an easement for the construction, operation, maintenance, repair, replacement of a water
main over and across the following described property:
(SEE A TT ACHED EXHIBIT A and B)
The easement hereby granted is for the purpose of construction and operation of a water line and their
allied facilities, together with their mai ntenance, additional connection thereto, repair and replacement
at the convenience of the Grantee, with the free right of access to such facilities at any and all times.
TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, it's successors
and assigns forever.
IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the palties hereto, that after
construction, making repairs, performing other maintenance or making subsequent connection to the
water line, Grantee shall restore the area of the easement and adjacent pl'Opelty to that existent prior to
undertaking such construction, repairs and maintenance. However, Grantee shall not be responsible for
repairing, replacing or restoring anything placed within the area described in this easement that was
placed there in violation of this easement.
THE GRANTORS hereby covenant and agree that they will not place or allow to be placed any
permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this
easement, which would interfere with the use of said easement, for the purposes stated herein.
THE GRANTORS hereby covenant and agree with the Grantee that should any palt ofthe right-of-
way and easement hereby granted shall become part of, or lie within the boundaries of any public
street, then, to such extent, such right-of-way and easement hereby granted which lies within such
boundary thereof or vvhich is a part thereof, shall cease and become null and void and of no further
effect and shall be completely relinquished.
Water Main Easement
EASMT _ WTR[ 1]
THE GRANTORS do hereby covenant with the Grantee that they are lawfully seized and possessed of
the aforementioned and described tract of land, and that they have a good and lawful right to convey
said easement, and that they will warrant and forever defend the title and quiet possession thereof
against the lawful claims of all persons whomsoever.
IN WITNESS WHEREOF, the said parties of the first pari have hereunto subscribed their signatures
the day and year first herein above written.
GRANTOR: C c.... ,"'" \fc..s.-+_~~ (JA-1O~rLr+~c...J , L.L. c...
~~
:g~~
STATE OF IDAHO)
) ss
County of Ada )
On this dD'th. day of ~ fY\ he r ,20l::iS"': before me, the undersigned, a Notary Public in
and for said State, personally appeared ~OM6..S F. Ke. ,\ c..j and :r~1
M. Ke..o..le..:::1 ' known or identified to me to be the President and Secretary, respectively, ofthe
corporation that executed the within instrument, and acknowledged to me that such corporation
executed the same.
IN WITNESS WHEREOF, r have hereunto set my hand and affixed my official seal the day and year
fist above written.
(;("{\ k'L ~~ f\ f\ ~ D
NOTARY PUBLIC FOR IDAHO h
Residing at J.:h N\l(0 --r J 0' (\
Commission Expires: If}-f 0-n~
Water Main Easement
EASMT~ WTR[l]
GRANTEE: CITY OF MERIDIAN
Tammy de Weerd, Mayor
Attest by William G. Berg, City Clerk
Approved By City Council On:
STATE OF IDAHO,
County of Ada
On this _day of ,2004, before me, the undersigned, a
Notary Public in and for said State, personally appeared TAMMY de WEERD and WILLIAM G. BERG,
JR., known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who
executed the within instrument, and acknowledged to me that the City of Meridian executed the same.
IN" WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first
above written.
(SEAL)
NOTARY PUBLIC FOR IDAHO
Residing at:
Commission Expires:
Water Main Easement
EASMT_ WTR[I]
EXHIBIT A - WATER MAIN EASEMENT - CHICAGO CONNECTION
EASEMENT 1
A 20 foot wide water main easement located in the Northeast 'l4 of Section 20, Township
3 North, Range 1 East, Boise Meridian, Ada County. Said easement crosses a portion of
Lot 9, Block 4 of the Bonito Subdivision No.2, recorded as instrument number
105062618 in the office ofthe Ada County Recorder on May 18, 2005, in Book 92 of
Plats at pages 10877 through 10879. Said easement is more particularly described as
follows;
Commencing at the southwest comer of said Lot 9, thence along the western boundary of
said Lot 9 North 00000'00" East 7.96 feet to the POINT OF BEGINNING thence,
continuing along said western boundary
North 00000'00" East 20.00 feet; thence, departing from said lot boundary
North 90000'00" East 26.59 feet; thence,
South 00000'00" East 20.00 feet; thence,
North 90000'00" West 26.59 feet; to the POINT OF BEGINNING.
Said easement is subject to all existing easements of record or use.
EASEMENT 2
A 20 foot wide water main easement located in the Northeast 'l4 of Section 20, Township
3 North, Range 1 East, Boise Meridian, Ada County. Said easement crosses a portion of
Lot 9, Block 4 of the Bonito Subdivision No.2, recorded as instrument number
105062618 in the office of the Ada County Recorder on May 18,2005, in Book 92 of
Plats at pages 10877 through 10879. Said easement is more particularly described as
follows:
Commencing at the southwest comer of said Lot 9, thence along the western boundary of
said Lot 9 North 00000'00" East 60.17 feet to the POINT OF BEGINNING thence,
continuing along said western boundary
North 00000'00" East 20.00 feet; thence, departing from said lot boundary
North 90000'00" East 26.59 feet; thence,
South 00000'00" East 20.00 feet; thence,
North 90000'00" West 26.59 feet; to the POINT OF BEGINNING.
Said easement is subject to all existing easements of record or use.
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September 30, 2005
MERIDIAN CITY COUNCIL MEETING
APPLICANT
October 4,2005
ITEM NO.
5-K
REQUEST Water Main Easement Agreement for Stow-It Mini Storage
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
~rr~
Contacted:
Emailed:
Date:
Staff Initials:
Phone:
Materials presented at public meetings shalf become property of the City of Meridian.
WATER MAIN EASEMENT
TillS lNDENTURE, made this _ day of _, 20_between , the parties of
the flIst part, and hereinafter called the Grantors, and the City of Meridian, Ada County, Idaho, the party of
the second part, and hereinafter called the Grantee;
WITNESSETH:
WHEREAS, the Grantors desire to provide a water main right-of-way across the premises and
property hereinafter particularly bounded and described; and
WHEREAS, the water main is to be provided for through an underground pipeline to be constructed
by others; and
WHEREAS, it will be necessary to maintain, service and subsequently connect to said pipeline from
time to time by the Grantee;
NOW, THEREFORE, in consideration of the benefits to be received by the Grantors, and other good
and valuable consideration, the Grantors do hereby give, grant and convey unto the Grantee the right-
of-way for an easement for the construction, operation, maintenance, repair, replacement of a water
main over and across the following described property:
(SEE ATTACHED EXHJBIT A and B)
The easement hereby granted is for the purpose of construction and operation of a water line and their
allied facilities, together with their maintenance, additional connection thereto, repair and replacement
at the convenience of the Grantee, with the free right of access to such facilities at any and all times.
TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, it's successors
and assigns forever.
IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after
construction, making repairs, perlorming other maintenance or making subsequent connection to the
water line, Grantee shall restore the area of the easement and adjacent property to that existent prior to
undertaking such construction, repairs and maintenance. However, Grantee shall not be responsible
for repairing, replacing or restoring anything placed within the area described in this easement that
was placed there in violation of this easement.
THE GRANTORS hereby covenant and agree that they will not place or allow to be placed any
permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this
easement, which would interlere with the use of said easement, for the purposes stated herein.
THE GRANTORS hereby covenant and agree with the Grantee that should any part of the right-of-
way and easement hereby granted shall become part of, or lie within the boundaries of any public
street, then, to such extent, such right-of-way and easement hereby granted which lies within such
boundary thereof or which is a part thereof, shall cease and become null and void and of no further
effect and shall be completely relinquished.
Water Main Easement
EASMT WIT
THE GRANTORS do hereby covenant with the Grantee that they are lawfully seized and possessed
of the aforementioned and described tract of land, and that they have a good and lawful right to
convey said easement, and that they will warrant and forever defend the title and quiet possession
thereof against the lawful claims of all persons whomsoever.
IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures
the day and year first herein above written.
GRANTOR:
~ ~ Y"'-------
~ tit' E"U\ G~ ~
S\."-'ld<lJ.)'
STATE OF IDAHO )
) ss
County of Ada )
On this L daYO~~/ , 204fore me, ilie undersiped, a Notary Poblic in
and for said State, personally appeared tGVP1Dil'~ a, 7YL-~ m8:
- , mown or identified to me to be the Pf@D.r A~~~n~~~ reJpectively, of the
corporation that executed the within instrument, 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
fist above written.
(SEAL)
..................~~.i";,..............
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NOTARY ~C FOR J:J:2e.J:Iq
Residing at (" ~..a.....L- ....LLJ, J
Commission Expires: !:r"" /J / /) 7'
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Water'Main Easement
EASMT WTR
GRANTEE: CITY OF MERIDIAN
Tammy de Weerd, Mayor
Attest by William G. Berg, City Clerk
Approved By City Council On;
STATE OF IDAHO,
County of Ada
On this _day of ,2004, before me, the undersigned, a
Notary Public in and for said State, personally appeared TAMMY de WEERD and WILLIAM G. BERG,
JR., known to m.e to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who
executed the within instrument, and acknowledged to m.e that the City of Meridian executed the same.
1N WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first
above written.
(SEAL)
NOTARY PUBLIC FOR, IDAHO
Residing at
Commission Expires:
Water Main Easement
EASMT WTR
IDAHO
SURVEY
GROUP
1450 EastWatertower St.
Suire 150
Meridian,ldaho 83642
Phone (20B) 846-B570
Fax (208) 884-5399
Project No. 04-333
DESCRIPTION FOR
WATER LINE EASEMENT
STOW-IT STORAGE
August 22, 2005
A water line easement located in the NE1/4 of the NW1/4 of Section 24, T.3N.,
R.1W" 8.M., Ada County, Idaho more particularly described as follows:
Commencing at the N1/4 corner of said Section 24 from which the W1/16 corner
of said Section 24 bears North 89006'56" West, 1327.81 feet;
thence along the North boundary Hne of said Section 24 North 89006'56" West,
677.82 feet;
thence leaving said North boundary line South 00041 '54" West, 25.00 feet to a
point on the southerly right-of-way line of Overland Road;
thence along said ~outherly right-of-way line South 89006'56" East, 227.75 feet
the REAL POINT OF BEGINNING of said easement;
thence continuing along said southerly right-of-way line South 89006'56" East,
38.31 feet;
thence leaving said southerly right-of-way line South 00051'53" West, 15.56 feet;
thence North 89008'07" West, 18.31 feet;
thence South 00051 '53" West, 151.95 feet;
thence South 89008'07" East, 25.00 feet;
thence South 00051'53" West, 20.00 feet;
thence North 89008'07" West, 25.00 feet;
thence South 00051'53" West, 75.50 feet;
thence South 89008'07" East, 13.02 feet;
thence South 00052'46" West, 20.00 feet;
thence North 89008'07" West, 13.01 feet;
thence South 00051'53" West, 67.32 feet;
thence South 89005'45" East, 335.58 feet;
S;\ISG Projecls\Stow-ILFrazelJ ROS (04-233)\Documenls\water ease desc.doc
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thence South 00053'04" West, 600.00 feet;
thence South 89006'56" East, 61.62 feet;
thence South 00051'53" West, 20.00 feet;
thence North 89006'56" West, 17.45 feet;
thence South 00058'42" West, 20.36 feet;
thence North 89001 '18" West, 20.00 feet;
thence North 00058'42" East, 20.33 feet;
thence North 89006'56" West, 39.10 feet;
thence North 46030'49" West, 646.12 feet;
thence North 00054'15" East, 182.81 feet;
thence South 89005'45" East, 85.67 feet;
thence North 00054'15" East, 6.00 feet;
thence South 89005'45" East, 16.70 feet;
thence South 00051 '53" West, 6.00 feet;
thence South 89005'45" East, 32.50 feet;
thence South 00054'15" West, 20.00 feet;
thence South 89005'45" East, 303.10 feet;
thence South 00032'22" West, 14,91 feet;
thence South 46030'49" East, 9.43 feet;
thence North 43029'11" East, 10.00 feet;
thence South 46030'49" East, 8.58 feet;
thence North 00032'22" East, 19.74 feet;
thence South 89005'45" East, 12.49 feet;
thence South 00053'04" West, 228.94 feet;
thence South 89059'12" West, 10.06 feet;
thence South 00000'48" East, 2.93 feet;
8:\1 SG Projecls\Stow.lt_Frazell ROS (04-233}\Documents\water_ ease desc.doc
E'd
SSES-vBB [B02)
ElS I
d20: 10 SO 81 d6S
thence South 43"29'11" West, 10.00 feet;
thence South 46030'49" East, 10.00 feet;
thence South 00000'48" East, 2.93 feet;
thence North 89059'12" East, 9.38 feet;
thence South 00"53'04" West, 217.75 feet;
thence North 89001'18" West, 11.92 feet;
thence South 02036'26" East, 20.04 feet;
thence South 89"'01'18" East, 10.70 feet;
thence South 00"53'04" West, 81.48 feet;
thence North 46"30'49" West, 612.05 feet;
thence North 00"54'15" East, 39.81 feet;
thence South 89017'23" East, 12.02 feet;
thence North 01 "36'08" West, 20.02 feet;
thence North 89017'23" West, 11.15 feet;
thence North 00054'15" East, 94.22 feet;
thence South 89005'45" East, 114.87 feet;
thence North 00"'54'15" East, 20_00 feet;
thence North 00051'53" East, 46.71 feet;
thence North 89"08'07" West, 20.72 feet;
thence North 00051 '53" East, 20_00 feet;
thence South 89008'07" East, 20.72 feet;
thence North 00051'53" East, 96.08 feet;
thence North 89"'08'07" West, 25.00 feet;
thence North 00051 '53" East, 20.00 feet;
thence South 89008'07" East, 25.00 feet;
- s:\fSG Picifects\stow~lt_Frazel(mJ!n04-=233)\D6cuments\water ea-s-e desc.doc
pod
668S- p8B (B02)
~SI
dED: 1D SO ET das
thence North 00Q51'53" East, 167.54 feet to the REAL POINT OF BEGINNING.
Gregory G. Carter, P.L.S.
S:\JSG ProJects\Slow-lt_Frazell R0S-(04-233)\Documents\water ease desc,doc
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September 30, 2005
MERIDIAN CITY COUNCIL MEETING
APPLICANT
October 4, 2005
ITEM NO.
5-L
REQUEST Sanitary Sewer and Water Main Easement Agreement for Redfeather Estates No.2
by Packard Estates Development LlC
AGENCY
COMMENTS
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
CITY WATER DEPT:
CITY SEWER DEPT:
CITY PARKS DEPT:
MERIDIAN SCHOOL DISTRICT:
ADA COUNTY HIGHWAY DISTRICT:
SANITARY SERVICE COMPANY
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
MERIDIAN POST OFFICE:
OTHER:
See attached
Contacted:
Emailed:
Date:
Staff Initials:
Phone:
Materials presented at public meetings shall become property of the City of Meridian.
City of Meridian
Public Works Dept.
Memo
To: Mayor De Weerd & City Council
From: Karle Glenn
cc: File
Date: 9/26/2005
Re: Proposed Agenda Items for 10-4-05 City Council Meeting
The Public Works Department respectfully requests that the following items be placed on the
10-4-05 City Council agenda, on the Consent Agenda, for Council's consideration:
1) Sanitary Sewer and Water Main Easement for Redfeather Estates #2 bv Packard
Estates Dev LLC.
Typical Sanitary Sewer and Water Main Easement.
Recommended Council Action: Approve the Sanitary Sewer and Water Main
Easement for Redfeather Estates #2 by Packard Estates Dev LLC and
authorize the Mayor to sign and City Clerk to attest.
Thank you for your consideration.
. Page 1
SANITARY SEWER AND WATER MAIN EASEMENT
THIS INDENTURE, made this _ day of , 2005, between
Packard Estates Development, LLC, the parties of the first part, and hereinafter called the Grantors,
and the City of Meridian, Ada County, Idaho, the party of the second p~ and hereinafter called the
Grantee;
WITNESSETH:
WHEREAS, the Grantors desire to provide a sanitary sewer and water main right-of-way
across the premises and property hereinafter particularly bounded and described; and
WHEREAS, the sanitary sewer and water is to be provided for through underground
pipelines to be constructed by others; and
WHEREAS, it will be necessary to maintain and service said pipelines from time to time by
the Grantee;
NOW, THEREFORE, in consideration of the benefits to be received by the Grantors, and
, other good and valuable consideration, the Grantors do hereby give, grant and convey unto
the Grantee the right-of-way for an easement for the operation and maintenance of sanitary
sewer and water mains over and across the following described property:
(SEE AITACHED EXHIBITS A and B)
The easement hereby granted is for the prirpose of construction and operation of sanitary
sewer and water mains and their allied facilities, together with their maintenance, repair and
replacement at the convenience of the Grantee, with the free right of access to such facilities
at any and all times.
TO HA VB AND TO HOLD the said easement and right-of-way unto the said Grantee, its
successors and assigns forever.
IT IS EXPRESSLY UNDERSTOOD AND AGREED by and between the parties hereto that,
after making repairs or performing other maintenance, Grantee shall restore the area of the
easement and adjacent property to that existent prior to undertaking such repairs and
maintenance. However, Grantee shall not be responsible for repairing, replacing orrestoring
anything placed within the area described in this easement that was placed there in violation
of this easement.
C:\Documents and Settings\2004\0 1 \40lD1 \EASMT .SWRWTR MAIN . doc
THE GRANTORS hereby covenant and agree that they will not place or allow to be placed
any permanent structures, trees, brush, or perennial shrubs or flowers within the area
described for this easement which would interfere with the use of said easement, for the
purposes stated herein.
THE GRANTORS hereby covenant and agree with the Grantee that, should any part of the
right-of-way and easement hereby granted become part of, or lie within, the boundaries of
any public street, then, to such extent such right-of-way and easement hereby granted which
lies within such boundary thereof or which is a part thereof shall cease and become null and
void and of no further effect and shall be completely relinquished.
THE GRANTORS do hereby covenant with the Grantee that they are lawfully seized and
possessed of the aforementioned and described tract of land, and that they have a good and
lawful right to convey said easement, and that they will warrant and forever defend the title
and quiet possession thereof against the lawful claims of all persons whomsoever.
IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their
signatures the day and year first herein above written.
GRANTOR: PACKARD ESTATES DEVELOPMENT, LLC
~~~
Wirt Edmonds
Managing Member
STATE OF IDAHO )
) ss
County of Ada )
f1Y
On this ~ day of 1Y 005, before me, the undersigned, a Notary Public in
and for said State, personally app' ar d Wirt Edmonds, known, or identified to me to be
Managing Member of the corpora 0 that executed the within instrument, and acknowledged
to me that such corporation executed the same.
IN WITNESS WHEREOF, I have hereunto se
and year fist above written.
.:>~~~~~~~e~~:~~:Q~~~~
(SEAL) (1~~:~~f~)
.~.. tP)':> ~O!ID& .,,,,,,,0 a $
d'~"~::'l'e ";;;~i\) ~~~....
'~f't;f~ ~ :f~~ ~~~~t~~
C:\Documents and Settings\2004\Ol\40 1 0 1 \EASMTSWR WTR MAIN. doc
GRANTEE: CITY OF MERIDIAN
Tammy de Weerd, Mayor
Attest by William G. Berg, City Clerk
Approved By City Council On:
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.,
lmown to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and
who executed the within instrument, and acknowledged to me that the City of Meridian executed
the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and
year first above written.
(SEAL)
NOTARY PUBLIC FOR IDAHO
Residing at:
Commission Expires:
C:\Documents and Settings\2004\Ol \40 101\EASMT.sWRWTR MAIN.doc
IDAHO
SURVEY
GROUP
1450 EascWnertower SL
Sui[e 150
Meridian, Idaho 83642
Phone (208) 846-8570
Fax (20B) 884-5399
Project No. 01-108
December 17, 2004
DESCRIPTION FOR
MERIDIAN SANITARY SEWER AND WATER EASEMENTS
PROPOSED REDFEATHER ESTATES SUBDIVISION NO.2
Easements for Meridian City Sanitary Sewer and domestic water lines, located in
the North % of Section 4, T.3N., R.1 E., 8.M., Meridian, Ada County, Idaho, more
particularly described as follows.
EASEMENT A
A strip of land of varying width being left of and adjacent to the following described line:
Commencing at the North % corner of said Section 4;
thence along the North boundary line of the NE % of said Section 4, South
89044'17" East, 965.94 feet;
thence South 00035'08" West, 1747.77 feet to the REAL POINT OF BEGINNING
of this easement line description;
thence 50.00 feet left of and adjacent to the following described line:
thence North 89026'52" West, 35.00 feet to a point of curvature;
thence 100.22 feet along the arc of a curve to the left, said curve having a radius
of 125.00 feet, a delta angle of 45056'17" and a long chord bearing South 6JD34'59"
West, 97.56 feet to a point of tangency;
thence South 44036'50" West, 88.45 feet to a point of curvature;
thence 139.22 feet along the arc of a curve to the right, said curve having a
radius of 175.00 feet, a delta angle of 45034'53" and a long chord bearing South
6r24'17" West, 135.58 feet to a point of tangency;
thence North 89048'16" West, 521.55 feet to a point of curvature;
thence 115.58 feet along the arc of a curve to the left, said curve having a radius
of 225.00 feet, a delta angle of 29025'56" and a long chord bearing South 75028'46"
West, 114.31 feet to a point of tangency;
S:\] SG Projects\Redfeather Estates Ph2 (04-1 OS)\Docurnents\40 1 0] "5 SEAS E. doc
Page 1 of3
(
thence South 6u 45'48" West, 219.63 feet to a point 01 curvature;
thence 143.42 feet along the arc of a curve to the right, said curve having a
radius of 275.00 feet, a delta angle of 29052'49" and a long chord bearing South
75042'13" West, 141.80 feet to a point of tangency;
thence North 89021 '23" West, 126.33 feet;
thence South 00038'37" West, 376.00 feet;
thence North 89021 '23" West, 326.23 feet to a point of curvature;
thence 41.79 feet along the arc of a curve to the right, said curve having a radius
of 75.00 feet, a delta angle of 31 055'33" and a long chord bearing North 73023'36" West,
41 .25 feet to a point of tangency;
thence North 5r25'50" West, 58.24 feet to a point of curvature;
thence 92.83 feet along the arc of a curve to the left, said curve having a radius
of 225.00 feet, a delta angle of 23038'24" and a long chord bearing North 69015'02"
West, 92.18 feet to a point of tangency;
thence North 81004'14" West, 245.49 feet;
thence 32.00 feet left of and adjacent to the following described line:
thence South 11045'00" West, 154.58 feet;
thence North 70015'00" West, 133.03 feet to the terminus of this easement line
description. Containing 140,369 SF, more or Jess.
EASEMENT B
Astrip of land 20.00 feet in width being left of and adjacent to the following described
line:
Commencing at the North % corner of said Section 4;
thence along the North line of the NE X of said Section 4 South 89044'17" East,
696.62 feet;
thence South 00035'08" West, 1379.90 feet to the REAL POINT OF BEGINNING
of this easement line description;
thence 20.00 feet left of and adjacent to the following described line:
thence South 52046'21" West, 88.99 feet;
thence South 88033'53" West, 134.79 feet;
S:\ISG Projects\Redfeather Estates Ph2 (04-1 08)\Documents\401 01-SSEASE.doc
Page 2 of 3
thence North ~2'12" West, 346.71 feet to the termll ILlS of this easement line
description. Containing 11,546 SF, more or less.
EASEMENT C
A strip of land 20,00 feet in width being left of and adjacent to the following described
line:
Commencing at the North ~ corner of said Section 4;
thence along the North line of the NE ~ of said Section 4 South 89044'17" East,
411 .36 feet;
thence South 00035'08" West 993.13 feet to the REAL POINT OF BEGINNIN of
this easement line description;
thence 20.00 feet left of and adjacent to the following described line:
thence South 63018'44" West, 62.18 feet;
thence South 79033'49" West, 211.35 feet;
thence South 19030'34" West, 72.49 feet;
thence South 00037'48" West, 413.96 feet
thence South 15031'10" East, 99.27 feet;
thence South 39028'10" West, 195.51 feet
thence South 00037'48" West, 137.44 feet to the terminus of this easement line
description. Containing 23,508 SF, more or less.
S:\ISG Projects\Redfeather Estates Ph2 (04-1 08)\Documents\401O l-SSEASE.doc
Pagd of 3
,
E. USTICK ROAD 33 1/4 S 89'44'l7"E
--.- -'-'-'-'-'--'-'--4~--411.3\61 -69~--9~'-
I I I I I
I '~i. I Lf-l
I' i~~: ! l 1
I ,~~I ~i ' ,
BEjNNING POINT~'~: ~~: O~O~~'~~\p..\'2-S:
I EASEMENT C ~ 0 'C--~ ~ I
S 63"lB'44"W 62.1B' :\0\:.... ~O.
S 79'33'49~W 211.35~~ \\t:.~~~~ ~\S\CP~ I
S 19.30'34"W 712.4~~~- ,S~\?D il II
<o~: I BEGI~~~t~INJ \ '\ I ~:
~i;;ll S 5Z46'21"W B8.~ I (/)1
I :;; gll N 8J.~~'~1'.w <b~
II (/)1~WNDING=pOf~~~"3~3"w I I
l\ EASEMENT B , -'\ I I
S 1S'31'10.E 99.27~) 134.79 I
S 39'28'10"W 195.51'y~/ . ,,, ,r-BEGINNING POINT
S 00"37' 4B"W 1~7 44' / / N 8926 52 W 3S.0~~ / EASEMENT A I
. (// ,/is\ I
ENDING POINT Irs 44.36'50"W 88.45'7 ;::-
S 60'45' 48":;1~~:f C J9,--~~!L4]J.[~52.U;2:"'_-6.,/~.
!if - - - - ~ - - - ~~~~~~:>>-------------->
I ?z ~ 115 ""0 t--I ' . CURVE DATA I
/_8 ~ ~ ~ ~I : CURVE RADIUS DELTA ARC TANGENT CHORD CHORD BRG J
:!2 ;: 245.49' in Pi gl I Cl 125.00 45'56'17" 100.22 52.98 97.56 S 6734'59" W f
f:2 - /!..2J:.'lfI4Ylj z: 0, I C2 175.00 45'34'53' 139.22 73.53 135.58 S 6724'17" W
I z: U1\j ,__:-.f'() 326.?3', U): ' C3 225.00 29.25'56' 115.58 59.10 114.31 S 75.28'46" W I
~::-t I ,-J-..... ..f':i.1Uill1Lt3JLJ l C4 275.00 29.52'49" 143.42 73.38 141.80 S 75.42'13" W I
_:::jJ2 1;;; ,------____-.1 C5 75.00 31'55'33" 41.79 21.45 41.25 N 73'23'36'~
ENDING POINT C6 225.00 23'38'24" 92.83 47.09 92.18 N 69"15'02" W
EAsEMENT A - - - - - - - - - - - - - - - - - ---- - - - --
~
SCALE 1 "=400'
DWG.DATE 12/13/04 bkb
PROJ. NO. 401 01
SHEET
OFFSITE MERIDIAN CITY SANITARY
SEWER & WATER EASEMENTS
REDFEATHER ESTATES SUBDIVISION NO.2
ENGINEERING
SOLUTIONSLlP
1 OF 1
LOCATED IN THE NORTH 1/2 OF SECTION 4
T.3N., R.1 E., B.M., MERIDIAN, ADA COUNTY, IDAHO
150 E. AIKENS STREIT, SUITE B
EAGLE, IDAHO 83616
Phone (208) 938-0980 Fax (208) 938-0941
/40101-SSEASE.DWG
September 30, 2005
MERIDIAN Clf'( Co.UNCIL MEETING
APPLICANT
October 4, 2005
ITEM NO.
5-M
REQUEST Award of Bid for WWTP Facility Expansion to JC Constructors, Inc.
AGENCY COMMENTS
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUilDING DEPT:
CITY WATER DEPT:
CITY SEWER DEPT:
CITY PARKS DEPT:
MERIDIAN SCHOOL DISTRICT:
ADA COUNTY HIGHWAY DISTRICT:
SANITARY SERVICE COMPANY
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
MERIDIAN POST OFFICE:
OTHER:
See attached
/
Contacted:
Emailed:
Date:
Staff Initials:
Phone:
Materials presented at public meetings shall become property of the City of Meridian.
City of Meridian
Public Works Dept.
City of Meridian
City Clerk Office
Memo
To: Will Berg; Tara Green
From: Clint Dolsby, Staff Engineer
CC: Len Grady, City Engineer
Date: 09/29/2005
Re: Proposed Agenda Items for October 4, 2005 City Council Meeting
The Public Works Department respectfully requests the following items be placed on the
October 4 City Council agenda, under Consent Agenda, for Council's consideration:
Wastewater Treatment Plant Facility Exoansion. Three bids were received for this project as
summarized below and detailed in the attached spreadsheet:
JC Constructors, Inc.
The Ewing Company, Inc
RSCI
$8,367,500
$12,142,475
NO BID
The project consists of construction of cast-in~place concrete structures, including a new
primary clarifier, new secondary pump station, new aeration basins, new secondary clarifier,
return sludge station, and post aeration blower building, including process equipment, piping,
electrical and controls, coatings, miscellaneous equipment and appurtenances.
Recommended Council Action: The Public Works Department recommends
that City Council approves the contract for the Wastewater Treatment Plant
Facility Expansion with JC Constructors, Inc. for $8,367,500 and authorize the
Mayor to sign it.
License Aareement for the Black Cat Trunk Sewer Phase 1 Proiect. A request for license
agreement with the Nampa and Meridian Irrigation Districts to construct pressure sewer lines
across the Five Mile Drain and the Nine Mile Drain has been received by the Public Works
Department. This license agreement is necessary in order to construct the Black Cat
Pressure Sewer from Ustick Road to the wastewater treatment plant:
. Page 1
Recommended Council Action: The Public Works Department recommends
that City Council approves the License Agreement to construct pressure sewer
lines across the Five Mile Drain and the Nine Mile Drain and aut!1orize the
Mayor to sign it.
Black Cat Trunk Sewer and Lift Station Proiect Addendum No.5. JUS Engineers, Inc. has
submitted a task order, scope of work, and budget for this design project. They propose to
complete the work for $18,345. This is an extension of the agreement between the City of
Meridian and JUS Engineers, Inc. approved by City Council on the 28th of January, 2003 for
the Black Cat Trunk Sewer and Lift Station Project.
This project consists preliminary and final design services and construction plans for the Pine
Interceptor in the vicinity of Fuller Park.
Recommended Council Action: The Public Works Department recommends
that City Council approves the contract for the Black Cat Trunk Sewer and Lift
Station Project Addendum No. 5 with JUB Engineers, Inc. for $18,345 and
authorize the Mayor to sign it.
Thank you for your consideration. Please contact me if you have any questions regarding
any of these items.
. Page 2
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September 30, 2005
MERIDIAN CITY COUNCIL MEETING
APPLICANT
October 4, 2005
ITEM NO.
5-N
REQUEST license Agreement with Nampa Meridian Irrigation for the Black Cat Trunk Sewer
Phase 1 Project
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:
Date:
Staff Initials:
Phone:
Materials presented at public meetings shall become properly of the City of Meridian.
LICENSE AGREEMENT
LICENSE AGREEMENT, made and entered into this _ day of ,2005, by and
among NAMP A & MERIDIAN IRRIGATION DISTRICT, an irrigation district organized and existing under
and by virtue of the laws of the State of Idaho, party of the first part, hereinafter referred to as the "District",
and
CITY OF MERIDIAN,
33 East Idaho, Meridian, Idaho 83642
party or parties of the second part, hereinafter collectively referred to as the "Licensee",
N I I tl E .s. .s. .E I H:
WHEREAS, Licensee is the owner of real property/right-of-way for a sewer line (burdened with the
easement of the District hereinafter mentioned) particularly described in the "Legal Description" attached
hereto as Exhibit A and by this reference made a part hereof; and,
WHEREAS, the District owns the irrigation ditch or canal known as FNE MILE DRAIN AND
NINE MILE DRAIN (hereinafter collectively referred to as "ditch or canal"), an integral part of the District's
irrigation works and system, together with the easement therefor to convey irrigation and drainage water,
operate, clean, maintain, and repair the ditch or canal, and access the ditch or canal for those purposes; and,
WHEREAS, said ditch or canal and easement crosses and intersects Licensee's real property as
shown on Exhibit B attached hereto and by this reference made a part hereof; and,
WHEREAS, the Licensee desires a license to engage in construction or activity affecting said ditch
or canal or the District's easement in its course across the lands of the Licensee in the manner and under the
terms and conditions hereinafter set forth; and,
WHEREAS, it is necessary that the District protect ditches and its right of way along its ditches;
NOW, THEREFORE, for and in consideration of the premises and of the covenants, agreements and
conditions hereinafter set forth, the parties agree as follows:
1. The Licensee shall have the right to modify the said ditch or canal or encroach upon the
District's easement along said ditch or canal in the manner generally described in the "Purpose of License"
attached hereto as Exhibit C and by this reference made a part hereof. Any modification of said ditch or
canal by the Licensee or encroachment upon the District's easement along said ditch or canal shall be
performed and maintained in accordance with the "Special Conditions" stated in Exhibit D, attached hereto
and by this reference made a part hereof.
2. This agreement pertains only to the Licensee's modification of said ditch or canal or
encroachment to the District's easement for the purposes and in the manner described herein. The Licensee
shall not change the location of the ditch or canal, bury the ditch or canal in pipe, or otherwise alter the ditch
or canal in any manner not described in this agreement without first obtaining the written permission of the
District.
3. Each facility ("facilityll as used in this agreement means any object or thing of any nature
installed in or on the District's easement by the Licensee or the Licensee's predecessor in interest) shall be
constructed, installed, operated, maintained, and repaired at all times by the Licensee at the cost and expense
of the Licensee.
4. Licensee agrees to construct, install, operate, maintain and repair each facility and conduct
its activities within or affecting the District's easement so as not to constitute or cause:
a. a hazard to any person or property;
b. an interruption or interference with the flow of irrigation water in the ditch or canal
or the delivery of irrigation water by the District;
c. an increase in seepage or any other increase in the loss of water from the ditch or
canal;
d. the subsidence of soil within or adjacent to the easement;
e. any other damage to the Districes easement and irrigation works.
5. The Licensee agrees to indemnify, hold harmless, and defend the District from all claims
for damages arising out of any of the Licensee's construction or activity which constitutes or causes any of
the circumstances enumerated in the preceding paragraph, 4.a. through 4.e., or any other damage to the
easement and irrigation works which may be caused by the construction, installation, operation, maintenance,
repair, and any use or condition of any facility.
6. Licensee agrees that the work performed and the materials used in such construction shall
at all times be subject to inspection by the District and the District's engineers, and that final acceptance of
such work shall not be made until all such work and materials shall have been expressly approved by the
District. Such approval by the District shall not be unreasonably withheld.
7. The District reserves the right, at the District's option, to remove any facility installed by the
Licensee and to repair any alteration by the Licensee of said ditch or canal and the easement therefor which
does not comply with the terms of this agreement, and to remove any impediment to the flow of water in said
ditch or canal and any unsafe condition or hazard caused by the Licensee, at any time, and the Licensee
agrees to pay to the District, on demand, the costs which shall be reasonably expended by the District for
such purposes. If the Licensee shall fail in any respec,t to properly maintain and repair such facility, then the
District, at its option, and without impairing or in anywise affecting its other rights and remedies hereunder,
shall have the right to perform the necessary maintenance and repairs and the Licensee agrees to pay to the
District, on demand, the cost or expense which shall be reasonably expended or incurred by the District for
such purposes. The District shall give reasonable notice to the Licensee prior to the District's performing
such maintenance, repair or other work except that in cases of emergency the District shall attempt to give
such notice as reasonable under the circumstances. Nothing in this paragraph shall create or support any
claim of any kind by Licensee or any third party against the District for failure to exercise the options stated
in this paragraph, and Licensee shall indemnify, hold harmless and defend the District from any claims made
against the District arising out of or relating to the terms of this paragraph except for claims arising solely
out of the negligence of the District.
LICENSE AGREEMENT - Page 2
8. Neither the terms of this agreement, the permission granted by the District to the Licensee,
the Licensee's activity which is the subject of this agreement, nor the parties exercise of any rights or
performance of any obligations of this agreement, shall be construed or asserted to extend the application
of any statute, rule, regulation, directive or other requirement, or the jurisdiction of any federal, state, or other
agency or official to the District's ownership, operation, and maintenance of its ditches, canals, drains,
irrigation works and facilities which did not apply to the District's operations and activities prior to and
without execution of this agreement. In the event the District is required to comply with any such
requirements or is subject to the jurisdiction of any such agency as a result of execution of this agreement
or the Licensee's activity authorized hereunder, Licensee shall indemnify, hold harmless and defend the
District from all costs and liabilities associated with the application of such laws or the assertion of such
jurisdiction or, at the option of the District, this agreement shall be of no force and effect and the Licensee
shall cease all activity and remove any facility authorized by this agreement.
9. In addition to all other indemnification provisions herein, Licensee further agrees to
indemnify, hold harmless and defend the District from any injury, damages, claim, lien, cost and/or expense
(including reasonable attorney's fees) incurred by, or asserted against, the District by reason of the negligent
acts or omissions of Licensee or its agents, contractors or subcontractors in performing the construction and
activities authorized by this agreement.
10. The Licensee agrees that the District shall not be liable for any damages which shall occur
to any facility, structure, plant, or any other improvement of any kind or nature whatsoever which the
Licensee shall install on the said easement area of the District in the reasonable exercise of the rights of the
District in the course of performance of maintenance or repair of said ditch or canal. The Licensee further
agrees to suspend its use of the said easement area when the use of the easement area is required by the
District for maintenance or repair under this or any other paragraph of this agreement.
11. Licensee shall place no structures, pathways or landscaping of any kind above or within the
District's easement area except as referred to in this agreement or exhibits hereto without the prior written
consent of the District. Nor shall Licensee permit, authorize or grant any other person or entity to excavate,
discharge, construct or place any structures, pathways or landscaping within the District easement without
the prior written consent of the District.
12. Should either party incur costs or attorney fees in connection with efforts to enforce the
provisions of this agreement, whether by institution of suit or not, the party rightfully enforcing or rightfully
resisting enforcement of the provisions of this agreement, or the prevailing party in case suit is instituted,
shall be entitled to reimbursement for its costs and reasonable attorney fees from the other party.
13. The parties hereto understand and agree that the District has no right in any respect to impair
the uses and purposes of the irrigation works and system of the District by this agreement, nor to grant any
rights in its irrigation works and system incompatible with the uses to which such irrigation works and '
system are devoted and dedicated and that this contract shall be at all times construed according to such
principles.
14. Nothing herein contained shall be construed to impair the right of way of the District in the
said ditch or canal and all uses of said ditch or canal by the Licensee and the license herein provided therefor
shall remain inferior and subservient to the rights of the District to the use of said ditch or canal for the
LICENSE AGREEMENT - Page 3
transmission and delivery of irrigation water.
15. In the event of the failure, refusal or neglect of the Licensee to comply with all of the terms
and conditions of this agreement, the license of the Licensee under the terms hereof may be terminated by
the District, and any facility, structure, plant, or any other improvement in or over said ditch or canal, and
the right of way therefor, which may impede or restrict the maintenance and operation of such ditch or canal
by the District with its equipment for the maintenance of its said ditch or canal may be removed by the
District.
16. The Licensee agrees to pay attorney fees or engineering fees charged by the attorney for the
District or by the engineers for the District in connection with the preparation of this License Agreement or
in connection with negotiations covering the terms and conditions of this License Agreement. Licensee also
agrees to pay any fees incurred in connection with the recording of this Agreement.
17. Nothing in this agreement shall create or support a claim of estoppel, waiver, prescription
or adverse possession by the Licensee or any third party against District.
18. This agreement is not intended for the benefit of any third party and is not enforce.able by
any third party.
19. If any provision of this agreement is determined by a court of competent jurisdiction to be
invalid or otherwise unenforceable, all remaining provisions of this agreement shall remain in full force and
effect.
20. The word "Licensee", if used in the neuter in this agreement, includes the masculine and
feminine genders, the singular number includes the plural, and the plural number includes the singular.
The covenants, conditions and agreements herein contained shall constitute covenants to run with,
and running with, all of the lands of the Licensee described in said Exhibit A, and shall be binding on each
of the parties hereto and on all parties and all persons claiming under them or either of them, and the
advantages hereof shall inure to the benefit of each of the parties hereto and their respective successors and
assigns.
NAMPA & MERIDIAN IRRIGATION DISTRICT
By
Its President
ATTEST:
Its Secretary
LICENSE AGREEMENT - Page 4
CITY OF MERIDIAN
By
ATTEST:
STATE OF IDAHO )
) ss:
County of Canyon )
On this _ day of , 2005, before me, the undersigned, a Notary Public in
and for said State, personally appeared Monte S. Janicek and Daren R. Coon, known to me to be the
President and Secretary, respectively, of NAMP A & MERIDIAN IRRIGATION DISTRICT, the irrigation
district that executed the foregoing instrument and acknowledged to me that such irrigation district executed
the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day
and year in this certificate first above written.
Notary Public for Idaho
Residing at , Idaho
My Commission Expires:
STATE OF IDAHO )
)ss.
County of Ada )
On this _ day of ,2005, before me, the undersigned, a notary
public in and for said state, personally appeared and , known to
me to be the and , respectively, of the CITY OF MERIDIAN,
the political subdivision and municipality that executed the foregoing instrument, and acknowledged to me
that such entity executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day
and year in this certificate first above written.
Notary Public for
Residing at ,
My Commission Expires:
LICENSE AGREEMENT - Page 5
EXHIBIT A
Legal Descriotion
A right-of-way for a sewer line within the SE1I4 of Section 34, Township 4 North, Range 1 West,
B. M., Ada County, Idaho, and said right-of-way within the District's easement for the Nine Mile Drain is
more particularly described in Exhibit A-I, attached hereto and by this reference incorporated herein.
EXHIBIT C
Pm:pose of License
The purpose of this License Agreement is to permit Licensee to:
1. construct, install, maintain and repair a sewer lines across and under the Five Mile Drain and
within the District's easement; and
2. construct, install, maintain and repair dual pressure sewer lines parallel to and along the
Nine Mile Drain and within the District's easement,
all within Licensee's right-of-way, located within McNelis Subdivision, northwest of the intersection of
Ustick Road and Ten Mile Road in Meridian, Ada County, Idaho.
EXHIBIT D
Soecial Conditions
a. Construction shall be in accordance with Exhibit D-l, consisting of five sheets and attached
hereto and by this reference made a part hereof.
b. Licensee shall notify the water superintendent of the District prior to and immediately after
construction so that he or the District's engineer's may inspect and approve the construction.
C. The Licensee recognizes and acknowledges that the license granted in this agreement by the
District pertains only to the rights of the District as owner of an easement. The District has no right or power
to create rights in the Licensee affecting the holder of title to the property subject to the District's easement.
Any such rights affecting fee title must be acquired by the Licensee from the holder of title to the property.
Should Licensee fail to obtain such rights from the holder of title to the property or should the rights obtained
prove legally ineffectual, Licensee shall hold harmless, indemnify and defend the District from any claim
by any party arising out of or related to such failure of rights and at the option of the District this agreement
shall be of no force and effect.
c. Licensee represents that Licensee has complied with all federal, state or other laws, rules,
regulations, directives or other requirements in any form regarding environmental matters, as may be
applicable under tbe subject matter, terms or performance of this agreement broadly construed. Licensee
recognizes its continuing duty to comply witb all such requirements that now exist or that may be
implemented or imposed in the future. By executing this agreement the District assumes no responsibility
LICENSE AGREEMENT - Page 6
or liability for any impact upon or degradation of water quality or the environment resulting from the
discharge or other activity by Licensee which is the subject of this agreement.
d. Licensee hereby indemnifies, holds harmless and shall defend the District from any and all
penalties, sanctions, directives, claims or any action taken or requirement imposed by any party or entity,
public or private, with respect to environmental matters relating to the subject matter, terms or performance
of this agreement unless the District shall be solely responsible for the condition or activity which gives rise
to any such penalty, sanction, directive, claim, action or requirement.
e. In the event the District is required by any governmental authority to acquire or comply with
any permit or other operational requirements associated with Licensee's activity which is the subject of this
agreement, Licensee shall indemnify, hold harmless and defend the District form all costs and liabilities
associated with such permit and other requirements, including but not limited to all costs associated with all
permit acquisition, construction, monitoring, treatment, administrative, filing and other requirements.
f. The parties to this agreement recognize this license agreement is an accommodation to
Licensee. The District by this agreement does not assume, create, or exercise legal or other authority, either
express or implied, to regulate control, or prohibit the discharge or contribution of pollutants or contaminants
to the District's facilities or to any groundwater, waters of the State of Idaho or the United States, or any
other destination. Such authority, to the extent that it exists, is possessed and exercised by governmental
environmental agencies.
g. Licensee shall not excavate, discharge, place any structures, nor plant any trees, shrubs or
landscaping within the District's easement, nor perform any construction or activity within the District's
easement for the Five Mile Drain and Nine Mile Drain except as referred to in this agreement or exhibits
thereto without the prior written consent of the District. The District's easement for the Five Mile Drain is
100 feet, 50 feet to either side ofthe centerline. The Districrts easement for the Nine Mile Drain is 100 feet,
50 feet to either side of the centerline.
h. Construction shall be completed one year from the date of this Agreement. Time is of the
essence.
LICENSE AGREEMENT - Page 7
----
~ .J-U-Bl
~
Engineers Surveyors Planners
Project: 11873
Grantor: Nampa Meridian Irrigation District
Parcel: 16
Date: December 15, 2003
EASEMENT DESCRIPTION
That portion of the Southeast '!I.l of Section 34, Township 4 North, Range 1 West, Boise
Meridian, Ada County, Idaho, as shown on the attached exhibit, and more particularly described as
follows:
A permanent easement lying within the following described line:
Commencing at the Southeast corner of Section 34, marked by a brass cap; thence along the
Southerly boundary of said section, North 89007'08" West, 934.94 feet to the NO.1 POINT OF
BEGINNING;
thence continuing North 89" 07'08" West, 7.58 feet;
thence North 36.21'36" West, 730.23 feet;
thence South 36.49'49" East, 734.84 feet to the POINT OF BEGINNING.
Containing 0.051 acres (2,202 square feet), more or less.
ALSO:
A permanent easement lying 15.00 feet to the right of the following described line:
Commencing at the Southeast corner of Section 34, marked by a brass cap; thence
North 51 "19'54" West, 1,791.20 feet to the No.2 POINT OF BEGINNING;
thence North 03" 00'54" East, 130.01 feet to the POINT OF TERMINUS.
The sidelines of this easement are to be lengthened or shortened to the parcel boundaries to
form a closed figure.
Containing 0.044 acres (1,950 square feet), more or less.
TOGETHER WITH:
A temporary easement lying within the following described line:
Commencing at a the Southeast corner of Section 34, marked by a brass cap; thence
North 49"46'31" West, 1,724.74 feet to the No.3 POINT OF BEGINNING;
thence North 86 "15'23" West, 66,82 feet;
thence North 03" 00'54" East, 130.01 feet;
thence South 86015'23" East, 66.23 feet;
thence South 02045'07" West, 130.02 feet to the-POINT OF BEGINNING.
*
Exhibit A-I, page 1
. -----
(" d,.U,.B ~
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Engineers Surveyors Planners
Easement Description
December 15, 2003
Page 2
Containing 0.199 acres (8,649 square feet), more or less.
ALSO TOGETHER WITH:
A temporary easement lying within the following described line:
Commencing at the Southeast corner of Section 34, marked by a brass cap; thence North
51041'41" West, 1,807.63 feet to the No.4 POINT OF BEGINNING;
thence North 86015'23" West, 42.19 feet;
thence North 02' 45'07" East, 130.02 feet;
thence South 86 '15'23" East, 42.79 feet;
thence South 03.00'54" West, 130.01 feet to the POINT OF BEGINNING.
Containing 0.127 acres (5,524 square feet), more or less.
END OF DESCRIPTION
Prepared by:
J-U-B ENGINEERS, Ine.
Ronald M. Hodge, P.L.S.
RMH/mrc:lhc
F;\ProjectManagers\PHK\ 11873-Black Cat\11873-Sur\DescriDtions\NAMPA MERIDIAN lRR D1ST.doc
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BLACK CAT PRESSURE SEWER - PHASE 2 -"'1lIIII,AI{1_~W'(Ir1'.NDI~..-...zrt~_ .... ~ \ Suil. 201 t C
(JJ i ~{ PLAN AND PROFilE ;-~--- \~ ~ i So;.a. !aahQ aS709.0944 \ ti:J
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BLACK CAT PRESSURE SEWER - PHASE 2
PLAN AND PROFILE
STA: 18+00.00 TO ST'" 2:3<61.35
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September 30, 2005
MERIDIAN CITY COUNCIL MEETING
APPLICANT
October 4, 2005
ITEM NO.
5-0
REQUEST Black Cat Trunk Sewer and Lift Station Project Addendum No.5 with JUB Engineers
AGENCY COMMENTS
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY
CITY POLICE DEPT:
CITY FIRE DE?T;
CITY BUILDING DEPT:
CITY WATER DEPT;
CITY SEWER DEPT;
CITY PARKS DEPT:
MERIDIAN SCHOOL DISTRICT:
ADA COUNTY HIGHWAY DISTRICT:
SANITARY SERVICE COMPANY
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
MERIDIAN POST OFFICE:
OTHER:
See attached
~
Contacted;
Emailed:
Date:
Staff Initials:
Phone:
Materials presented at public meetings shall become property of the City of Meridian.
rJij'B }
~
J-U-B ENGINEERS, Inc.
250 S. Beechwood Avenue, Suite 201 . Boise, Idaho 83709-0944 . Telephone (208) 376-7330 . FAX (208) 323-9336
AUTHORIZATION FOR ADDITIONAL SERVICES - NO.5
CLIENT:
CITY OF MERIDIAN
PROJECT NAME:
BLACK CAT LIFT STATION AND TRUNK SEWER
J-U-B Project Number:
11873
The following additional items of work on the project referenced above have been or will be
provided by J-U-B ENGINEERS, Inc. These additional services are a supplement to the scope of
services contained in J-U-B's existing Agreement for Engineering Services for this project
aooroved bv City Council on January 28 2003.
Additional Services: Provide oreliminarv and final desian services and oreoare construction olans
for the Pine Interceotor in the vicinity of Fuller Park as described herein.
J-U-B ENGINEERS, Inc. was verbally authorized to provide these services by:
nla
Name
nla
Date
Unless othelWise noted below, J-U-B ENGINEERS, Inc. will provide these additional services on a
time and materials basis, using the Firm's standard billing rates, or if applicable, the billing rates
established in the initial Agreement for Engineering Services.
Other Basis for Payment: Contract amount for Task C.5.A (Billina Task 032) in the oriainal
contract will be adiusted as outlined in this Addendum NO.5.
Dated this _ day of October 200~.
CITY OF MERIDIAN
Print or Type Client Name
J-U-B ENGINEERS, Inc.
.By:
Client or Representative Signature
By:
Tammv de Weerd Mavor
Print or Type Name and Title
Phillie H. Krichbaum P.E. - Proiect Manaaer
Print or Type Name and Title
Attest:
William G. Berg, Jr., City Clerk
Black Cat Lift Station a: Trunk Sewer - Authorization for Additional Services No. 5
Pase 1
J-U-B ENGINEERS, Inc.
Attachment 'A' - 11873
CITY OF MERIDIAN - BLACK CAT TRUNK SEWER AND LIFT STATION
AUTHORIZATION FOR ADDITIONAL SERVICES NO. 5
A IT ACHMENT It A"
J-U-B ENGINEERS, Inc., Project No. 11873
PINE INTERCEPTOR SEWER (FULLER PARK REACH)
SECTION 1 - PROJECT UNDERSTANDING
Overview
This addendum provides preliminary and final engineering on the Pine Interceptor generally lying within
the Western Ada County Recreational District's Fuller Park. Specifically, the project limits are as
follows:
· From the anticipated point of connection is Castlebrook Subdivision Phase #5, the interceptor
will cross Ten Mile Creek and extend easterly along the park's bike path to a location where
the sewer will again cross Ten Mile Creek in the northeast corner of the proposed Ellensburg
Subdivision.
· The project will also include a 10" sewer extension across Fuller Park to abandonment of the
Parkside Creek Lift Station.
This amendment provides for engineering services for the aforementioned work and supplements the
original agreement. The original agreement included topographic survey work and easements for the
Pine Road Interceptor under Task C.S.A. This addendum includes additional design and agency
permitting services. It is anticipated that this project will be bid with other City sewer projects and,
therefore, contract documents will not be prepared as an independent project.
SECTION 2 - CITY RESPONSIBILITIES
· Provide a liaison to coordinate with private developer(s) and affected landowners.
· Provide relevant record drawings in the subject area.
· Coordinate improvements with pending private development.
· Provide timely reviews and input as project progresses.
SECTION 3 - SCOPE OF ADDITIONAL SERVICES TO BE COMPLETED
J-U-B shall furnish services specifically limited to the following at an assumed level of effort depicted on
Attachment B and described herein:
Task 1 - Preliminary and Final Desien
A. A preliminary design of the Pine Road interceptor will be prepared for review and
approval. Design considerations wiU include the following:
1. Interceptor Sizing: The master plan sizing of the interceptor sewer wiU be used
for design.
2. Vertical alignment consideration wiU include: 1) Review of invert proposed by the
2003 Sewer Master Plan; 2) Tie into connection point with Castlebrook #5;
3) Connection with proposed improvements at Pine Avenue and Ten Mile Road;
4) Clearance below Ten Mile Creek.
Black Cat Lift Station Et Trunk Sewer - Authorization for Additional Services No.5
Page 1
J-U-B ENGINEERS, Inc.
Attachment 'A' - 11873
3. Horizontal corridors wm be based on the City's and Western Ada Rec. District
requirements, and to meet sanitary separation requirements.
4. J-U-B will develop preliminary plan and profile exhibits and meet with the City
and Western Ada Rec. District to determine a preferred alignment.
B. Final design will be completed on the preferred alignment and final construction plans
prepared per the methodologies in the original agreement.
C. Technical Specifications will be prepared using ISPWC and special provisions, if required.
D. Quantities will be determined and a recommended bid form prepared.
E. An Opinion of Probable Construction Cost will be prepared.
F. Upon 90% completion of the plans and technical specifications~ J-U-B shall submit review
submittals to Western Ada Rec. District, IDEQ, NMID, and the City. DEQ checklists will be
prepared as required.
G. A senior J-U-B staff engineer will conduct an in-house quality control and constructability
review of the construction plans and technical specifications.
H. J-U-B shall incorporate all appropriate revisions as suggested by the City and the
permitting agencies in the final set of plans and specifications. Fifteen (15) sets of
construction plans will be prepared for incorporation into a bidding package that are yet
to be determined.
Task 2 - Proiect Meetioes. A2encv Coordination and Permittimz. and Easements
A. J-U-B will attend meetings with the City on an as-needed basis throughout the project.
B. Agency coordination and permitting is anticipated to include the following tasks:
1. J-U-B will coordinate with the Western Ada Recreation District to negotiate an
alignment and easement through Fuller Park. This will likely include attending board
meetings, field visits~ and meeting with District staff. Easement negotiations and
preparation of easement documents and legal descriptions will be completed in
accordance with the original agreement. For the purpose of estimating fees, two (2)
legal descriptions are assumed.
2. J-U-B will coordinate with the Meridian School District for possible construction access
requirements and other construction~related issues. Easement documents will be
prepared, if needed.
3. NMID will be coordinated with and the necessary applications for securing a license
agreement prepared for the crossings of Ten Mile Creek (2 required) and Stub Drain
(1 required). For the purpose of estimating fees, three (3) legal descriptions are
assumed to be required for submittal with the license agreement request.
4. J-U-B will prepare the necessary USACE 404 permit for the waterway crossings. It is
assumed that all three (3) crossings can be included under one permit application.
Black Cat Uft Station ft Trunk Sewer - Authorization for Additional Services No.5
Page 2
j-U.B ENGINEERS, Inc.
Attachment 'A' - 11873
SECTION 4 - FEE SCHEDULE
Basis of Fee and SHUnt!. Schedule
The CITY shall pay J-U-B for its services and reimbursable expenses as follows:
· Tasks 1 and 2 on a time and materials basis, with an estimated budget of ........................ $18,345
The basis for calculation of fees is presented in Attachment iiB".
\\Boisefiles\Public\ProjectManagers\PHK\11873.Black Cat\11873-PM\Contract and Billing\attach A to addendum 5.doc
Black Cat Lift Station a- Trunk Sewer - Authorization for Additional Services No.5
Page 3
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September 30, 2005
MERIDIAN CITY COUNCIL MEETING
APPLICANT
October 4, 2005
ITEM NO.
5-P
REQUEST Agreement for Professional Services with BRS Architects for Scope of Services for
Water Division Building
AGENCY
COMMENTS
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY
CITY POLICE DEPT:
CITY FIRE DEPT;
CITY BUilDING DEPT;
CITY WATER DEPT:
CITY SEWER DEPT:
CITY PARKS DEPT;
MERIDIAN SCHOOL DISTRICT:
ADA COUNTY HIGHWAY DISTRICT:
SANITARY SERVICE COMPANY
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
MERIDIAN POST OFFICE:
OTHER:
See attached
~
Contacted;
Emailed;
Date:
Staff Initials:
Phone:
Materials presented at public meetings shall become property of the City of Meridian.
To: Mayor and Members of the Council
From: Brad Watson, P.E.
CC: File, City Clerk
Date: 9/29/2005
IRe: Agreement for Professional Services- BRS Architects, Water Division Building
I am requesting that the item below be considered on the October 4, 2005 City Council
agenda, on the Consent Agenda, for Council's consideration:
Scooe of Services - BRS Architects Water Division Buildina. This is the formal
agreement reflecting the scope of services approved by City Council on
September 27, 2005.
A copy of the agreement is attached.
Recommended Council Action: Approve agreement for professional
services with BRS Architects, in the not-to-exceed amount of $65,100, for
the Water Division Building and authorize the Mayor to sign and City Clerk
to attest.
Please let Rick or me know if you have any questions about this project. Thank
YO~
From fuc desk of...
Brad Watson, P.E.
Public WOIks Director
Meridian Public Works Department
660 E. Watertower Lane, Suite 200
Meridian, Idaho 83642
(208) 898-5500
Fax: (208) 898-9551
watsonb@meridiancity.org
o Page 1
Document 8141™ -1997 Part 1
of Agreement Between Owner and Architect
of Architect1s Services
NO OTHER SPECIAL TERMS AND CONDITIONS
This document has important
legal consequences.
Consultation with an attorney
is encouraged with respect to
its completion or modification.
AlA Document B141lM -1997 Part 1. Copyright @ 1917,1926,1948,1-951,1953,1958,1961,1963,1966, 1967, 1970, 1974,1977,1987 and 1997 byThe
~~ae~~~a~rl~:~t~~~;~:~~~i~enc~~ :;~I~:~~;~~e~~~~~:Al1t~~~u<;:n~~So~~~: ~~~~:ne~: ji~ ~r~:~~~~l~~ ~~~e;:~~ilg:~dL~~~~~II~~~~~~~~~~n~~~~:e:~
prosecuted to the maximum extent possible underthe law. This document was produced by AlA software at 13:04:57 on 09/29/2005 under Order
No.1000179014_1 which expires on 8/12/2006, and is not lor resale.
User Notes: (3795965467)
,..,1,... :~~:,'~~1,1 rmrl'lINm''''"011
:"AR;rIC8E:~1.1 INITIAL INFORMATION
~ ~ Agreement is based on the following information and assumptions.
is position for the following items by insel1ing the requested information or a statement such as "not
.~blet" "unknown at time of execution" or "to be determined later by mutual agreement. ")
sill2:1e-stor office and sho building- that will have a slab on ffi"ade. masonr exterior
lineated in Exhibit "A". located at 2235l\T\V 8th SL Meridian. ID. Only the southern
roved as delineated in Exhibit B.
s are:
'ate, size, location, dimensions, or other pel1inent infonnation, such as geotechnical
. n, including, if appropriate, land sU/1leys and legal descriptions and restrictions
or construction management.)
. ......... EAM
9 1.1.3.1 The O'NIler's Designated Representative is:
(List name, address and other infonnation.)
Brad Watson. Director of Public Works
AlA Document B141TM -1997 Part 1. Copyright @ 1917, 1926, 1946, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987 and 1997 by The
American Instilute of Architects. All rights reserved. WARNING: This AlAe Document is protected by U.S. Copyright Law and International Trealles.
Unauthorf2.ed reproduction or distrlbution of this AlA'" Document, or any portion of it, may resull in severe civil and criminal penalties, and will be
prosecuted to th e maximum extent possible under the law. This document was produced by AlA software at 13 :04:57 0 n 09/29/2005 under Order
No.1000179014_1 which expires on 6f12J2006, and is not for resaie.
User Notes: (3795965467J
01 W. Hackamore Drive. Boise. ill 83709
410 S. Orchard. Suite 184. Boise. 10 83705
Lane. Suite 175. Boise. 10 83704
391 E. State St.. Eafde. ID 83616
", Shore Drive. Suite 100. Eagle. ill 83616
's Agreement include contract administration services, the General Conditions of
"be the edition of AIA Document A201 current as of the date of this Agreement,
9 1.1.6 The information contained in this Article 1.1 may be reasonably relied upon by the Owner and Architect in
. . chitect's compensation. Both parties, however, recognize that such information may change and,
wner and the Archit~ct shall negotiate appropriate adjustments in schedule, compensation and
s in accordance with Section 1.3.3.
ESPONSIBILlTIES OF THE PARTIES
91.2.1 The O~er and the Architect shall cooperate with one another to fulfill their respective obligations under this
Agreement. Both parties shall endeavor to maintain good working relationships among all members of the Project
team.
AlA Document 8141 ™ -1997 Pari 1. Copyright @ 1917, 1926, 1948, 1951, 1953, 1958, 1961, t963, 1966, 1967, 1970, 1974, 1977, 1987 and 1997 by The
American Institute of Architects. All rights reserved. WARNING: This AlA"' Document is protected by U.S. Copyright Law and Internallonal Treaties.
Unauthorized reproduction or dIstribution of this AlA'" Document, or any portion of it, may resullln severe civil and criminal penalties, and wlll be
prosecuted to the maximum extenl possible under the law. This document was produced by AlA software aI13:04:57 on 09/29/2005 under Order
No,1000179014_1 which expires on 8/12/2006. and is nol for resale,
User Notes: (3795965467)
ated Representative identified in Section 1.1.3 shall be authorized to act on the
to the Project. The Owner or the Owner's Designated Representative shall render
rtaining to documents submitted by the Architect in order to avoid unreasonable
tial progress of the Architect's services.
the services of consultants other than those designated in Section 1.1.3 or authorize
Change in Services when such services are requested by the Architect and are
of the Project.
d in this Agreement, the Owner shall furnish tests, inspections and reports required
s, such as structural, mechanical, and chemical tests, tests for air and water
materials.
all legal, insurance and accounting services, including auditing services, that may
e for the Project to meet the Owner's needs and interests.
tie prompt written notice to the Architect if the Owner becomes aware of any fault or
any errors, omissions or inconsistencies in the AJ'chitect's Instruments of Service.
;~~hitect, Architect's employees and AJ'chitect's consultants shall be as
rfonned as expeditiously as is consistent with professional skill and care
Architect shall submit .for the Owner's approval a schedule for the
ich initially shall be consistent with the time periods established in
ed, rrnecessary, as the Project proceeds. This schedule shall include
d'for the Owner's review, for the performance of the Owner's consultants, and
orities having jurisdiction over the Project. Time limits established by this
all not, except for reasonable cause, be exceeded by the Architect or Owner.
all maintain the confidentiality of information specifically designated as confidential by the
,.rng such information would violate the law, create the risk of significant harm to the public
or prevent the Architect from establishing a claim or defense in an adjudicatory proceeding. The Architect shall
. hitect's consultants similar agreements to maintain the confidentiality of information specifically
Idential by the Owner.
AlA Document B141TM -1997 Part 1. Copyright @ 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987 and 1997 by The
~~:~~a~r~~:~t~~~~~:~~~i~;~~ ;~~:~~:fo~e~~~~~:At~f~~~~:n~:so:~~: ~~~~:::,e~: ii~ ::;~~~~l~~ ~~~'e;eO~~~gah~dL~~r::~~rl;~~~~:~~~~n~~~~:e~~
prosecuted 10 the maximum extent possible underlhe Jaw. This documenl was produced by AlA software at 13:04:57 on 09/29/2005 under Order
No.1000179014_1 which expires on 8/12/2006, and is not for resale.
User Notes: (3795965467)
shall include the cost at current market rates of labor and materials furnished by the
, specified, selected or specially provided for by the Architect, including the costs of
onstmction or installation provided by a separate construction manager or
wance for their overhead and profit. In addition, a reasonable allowance for
or market conditions at the time of bidding and for changes in the Work.
oes not include the compensation of the Architect and the Architect's consultants,
. y and financing or other costs that are the responsibility of the Owner.
E
and other documents, including those in electronic form, prepared by the Architect
e Instruments of Service for use solely with respect to this Project. The Architect
all be deemed the authors and owners of their respective Instruments of Service
statutory and other reserved rights, including copyrights.
's Agreement, the Architect grants to the Owner a nonexclusive license to reproduce
Service solely for purposes of constructing, using and maintaining the Project,
i comply with all obligations, including prompt payment of all sums when due, under
. similar nonexclusive licenses from the Architect's consultants consistent
is Agreement prior to completion of the Proj ect shall terminate this
r shall refrain from making further reproductions of Instruments of Service
en days of termination all originals and reproductions in the Owner's
e date the Architect is adjudged in default of this Agreement, the foregoing
. laced by a second, nonexclusive license permitting the Owner to
,sign professionals to reproduce and, where permitted by law, to make
eInstruments of Service solely for plU-poses of completing, using and
nted in Section 1.3.2.2, no other license or right shall be deemed granted or
. Owner shall not assign, delegate, sublicense, pledge or otherwise transfer any
'ilier party without the prior written agreement of the Architect. However, the Owner
orize the Contractor, Subcontractors, Sub-subcontractors and material or equipment
.", pIicable portions of the Instruments of Service appropriate to and for use in their execution
;{granted in Section 1.3.2.2. Submission or distribution of Instruments of Service to meet
official regulatory requirements or for similar purposes in connection with the Project is not to be construed as
. " gation of the reserved rights of the Architect and the Architect's consultants. The Owner shaD not
s of Service for future additions or alterations to this Project or for other projects, unless the
prior written agreement of the Architect and the Architect's consultants. Any unauthorized use of
Service shall be at the Owner's sole risk and without liability to the Architect and the }IJ:chitect's
S 1.3.2.4 Prior to the Architect providing to the Owner any Insullments of Service in electronic form or the Owner
providing to the Architect any electronic data for incorporation into the Instruments of Service, the Owner and the
Architect shall by separate written agreement set forth the specific conditions governing the format of such
AlA Document 8141'" -1997 Part 1. Copyright @ 1917, 1926, 1948, 1951,1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974,1977, 1987 and 1997 by The
American Institute of Architects. All rights reserved. WARNING: This AlA"' Document Is protected by U.S. Copyright Law and International Treaties.
Unauthorized reproduction or distribution olthis A1A~ Document, or any portion of It., may result in severe civil and criminal penalties, and will be
proseculed to the maximum extent possible under the law. This documenl was produced by AlA software aI13:04:57 on 09/29/2005 under Order
No.1 000179014_1 which expires on 8/12/2006, and is not for resale.
User Noles: (3795965467)
'..{~::)~~;::.
Instruments of Service or electronic data, including any special limitations or licenses not otherwise provided in this
.:Ct9t~~mrp.t.
"~ .}~'f~'.#f~:JpRANGE IN SERVICES
'@~;1~3~oJ~(1;:Ghange in Services of the Architect, including services required of the Architect's consultants, may be
lished after execution of this Agreement, without invalidating the Agreement, if mutually agreed in writing,
ed by circumstances beyond the Architect's control, or if the Architect's services are affected as described in
'on 1.3.3.2. In the absence of mutual agreement in writing, the Architect shall notify the Owner prior to
'..fiding such service~;\lf the Owner deems that all or a part of such Change in Services is not required, the Owner.
give t writ'timnotice to the Architect, and the Architect shall have no obligation to provide those
ces. e due to the fault of the Architect, Change in Services of the Architect shall entitle the
"teet t compensation pursuant to Section 1.5.2, and to any Reimbursable Expenses described
n 1.5.5.
'<""l ~: ".",
circumstances affect the Architect's services for the Project, the Architect shall be
ment in the Architect's schedule and compensation:
ctions or approvals given by the Owner that necessitate revisions in Instruments
. sian of codes, laws or regulations or official interpretations which necessitate
ly prepared Instruments of Service;
er not rendered in a timely manner;
in the Project including, but not limited to, size, quality, complexity, the Owner's
, or procurement method;
ance on the part of the Owner or the Owner's consultants or contractors;
d attendance at a public hearing, a dispute resolution proceeding or a legal
t where the Architect is party thereto;
<. . ormation contained in Article 1.1.
'r other matter in question arising out of or related to this Agreement shall be subject to
. ation or the institution of legal or equitable proceedings by either party.
a lien mising out of the Architect's services, the .Architect may proceed
ly with the lien notice or filing deadlines prior to resolution of the matter
deavor to resolve claims, disputes and other matters in question between
. es mutually agree otherwise, shall be in accordance with the Construction
. Can Arbitration Association currently in effect. Request for mediation shall be
to this Agreement and with the American h.-bitration Association. The request
filing of a demand for arbitration but, in such event, mediation shall proceed in
uitable proceedings, which shall be stayed pending mediation for a period of 60
,.sK'stayed for a longer period by agreement of the parties or court order.
share the mediator's fee and any filing fees equally. The mediation shall be held in the
s located, unless another location is mutually agreed upon. Agreements reached in
f.teable as settlement agreements in any court having jurisdiction thereof.
ON
dispute or other matter in question arising out of or related to this Agreement shall be subject to
o arbitration, the parties shall endeavor to resolve disputes by mediation in accordance with
@ 1.3.5.2 ci,ri;~', disputes and other matters in question between the parties that are not resolved by mediation shall
be decided by arbitration which, unless the parties mutually agree otherwise, shall be in accordance with the
Construction Industry Arbitration Rules of the American Arbitration Association currently in effect. The demand for
AlA Document 8141™ -1997 Part 1. Copyright @ 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987 and 1997 by The
American Institule of Arctiitecls. All rights reserved. WARNING: This AlA'" Document is protected by U.S. Copyright Law and International Treaties.
Unauthorized reproduclion or distribution of thiS AlA'" Document, or any portion of It, may resuI! in severe civil and criminal penaltles, and wiii be
prosecuted to the maximum extent possible underthe law. This document was produced by AlA software at 13:04:57 on 09/29/2005 under Order
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arbitration shall be filed in writing with the other party to this Agreement and with the American Arbitration
.5.4 No ~bitrationt~sing out of or relating to this Agreement shall include, by consolidation or joinder or in
ther m~~er, an ,:' "'~Vonal person or entity not a party to this Agreement, except by written consent containing
cific rererence t ' , greement and signed by the Owner, Architect, and any other person or entity sought to
tion involving an additional person or entity shall not constitute consent to arbitration of
atter in question not described in the written consent or with a person or entity not
Jihe foregoing agreement to arbitrate and other agreements to arbitrate with an
'It: consented to by parties to this Agreement shall be specifically enforceable in
, " in any court having jurisdiction thereof.
the arbitrator or arbitrators shall be final, and judgment may be entered upon it in
in any court having jurisdiction thereof.
NTIAL DAMAGES
:'::\.e consequential damages for claims, disputes or other matters in question arising
:~nt. This mutual waiver is applicable, without limitation, to all consequential
'mination in accordance with Section 1.3.8.
fONS
':b governed by the law of the principal place of business of the Architect, unless
'.4.2.
S to act occuning prior to Substantial Completion or the date of issuance of
acts or failures to act occurring after Substantial Completion. In no event shall
run any later than the date when the Architect's services are substantially
covered by property insurance during construction, the Owner and the Architect
nd against the contractors, consultants, agents and employees of the other for
may have to the proceeds of such insurance as set forth in the edition of AIA
," s of the Contract for Construction, current as of the date of this Agreement. The
[opriate, shall require of the contractors, consultants, agents and employees of any of
vor of the other parties enumerated herein.
erwise provided in this Agreement, the Architect and Architect's consultants shall have no
the discovery, presence, handling, removal or disposal of or exposure of persons to hazardous
substances in any form at the Proj ect site.
S 1.3.7.7 The Architect shall have the right to include photographic or artistic representations of the design of the
Project among the Architect's promotional and professional materials. The Architect shall be given reasonable
access to the completed Project to make such representations. However, the Architect's materials shall not include
the Owner's confidential or proprietary information if the Owner has previously advised the Architect in writing of
AlA Document 8141™ -1997 Part 1. Copyright @ 1917. 1926, 1948, 1951, 1953. 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987 and 1997 by The
~~:~:;,a~r~~:~I~~~~~:~~~li~e~~; ~~t~:g~~~o~e~~~~~:A~f~~I~~:n~~so~~~: ~~~~:e~: li~ ~r~:er~~~!~~ ~~~~~:~~:lg:~dL~~~:i~~!~~~~~;:s~~n1J~~::e~~
prosecuted to the maximum extent possible under lhe law. This document was produced by AlA software at 13:04:57 on 09129/2005 under Order
NO.1 0001 79014_1 WhiCh expires on 8/12/2006, and is not for resale.
User Notes: (3795965467)
itten consent of the other, except that the Owner may assign this Agreement to an
ancing for the Project. In such event, the lender shall assume the Owner's rights and
t. The Architect shall execute all consents reasonably required to facilitate such
NSION
e payments to the Architect in accordance with this Agreement, such failure shall
ormance and cause for termination or, at the Architect's option, cause for
ices under this Agreement. If the Architect elects to suspend services, prior to
t shall give seven days' written notice to the Owner. In the event of a suspension
e no liability to the Owner for delay or damage caused the Owner because of such
uming services, the Architect shall be paid an sums due prior to suspension and
rruption and resumption of the Architect's services. The Architect's fees for the
chedules shall be equitably adjusted.
'ed by the Owner for more than 30 consecutive days, the Architect shall be
ed prior to notice of such suspension. When the Project is resumed, the Architect
es incurred in the interruption and resumption of the Architect's services. Tbe
'ng services and the time schedules shall be equitably adjusted.
chitect's services are suspended for more than 90 consecutive days, the
y giving not less than seven days' written notice.
ted by either party upon not less than seven days' written notice should the
accordance with the terms of this Agreement through no fault of the party
..,n not the fault of the Architect, the Architect shall be compensated for services
gether with Reimbursable Expenses then due and all Termination Expenses as
enses are in addition to compensation for the services of the Agreement and include
expens Gtable to termination for which the Architect is not otherwise compensated, plus an amount
for the Architect's anticipated profit on the value of the services not performed by the Architect.
TO THE ARCHITECT
on account of services rendered and for Reimbursable Expenses in~urred shall be made monthly
of the Architect's statement ofservices. No deductions shall be made from the Architect's
~O:Q;iaccount of penalty, liquidated damages or other sums withheld from payments to contractors, or on
account of the cost of changes in the Wark other than those for which the Architect has been adjudged to be liable.
AlA Document B141™ -1997 Part 1. Copyright @ 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987 and 1997 by The
~~:~i~h~r!~:~t~~~~~:~~~ii;e;~~ ;~t~:g~:~o~e~~~~:iu~:~~'~r;:;,~So~~~: ~~~~:e~: :~ ~~:~~~~t~~ ~~;e;eO~~ilg~dL~~:~~;~~~~~~~~~nT;~~::e:~
prosecuted to the maximum extent possible ul"lder the law. This document was produced by AlA software at 13:04:57 on 09/29/2005 under Order
NO.1 000179014_1 which expires on 8/12/2006, and is nottorresale,
User Notes: (3795965467)
'overtime work requiring higher than regular rates if authorized in advance by the Owner;
dels and mock-ups requested by the Owner;
fessionalliability insurance dedicated exclusively to this Project or the expense of
ance coverage or limits requested by the Owner in excess of that normally carried by
d the Architect's consultants;
enses as designated in Section 1.5.5;
ct Project-related expenditures.
Ie Expenses, of expenses pertaining to a Change in Services, and of services
rates or a multiple of Direct Personnel Expense shall be available to the Owner or
.fative at mutually convenient times.
is defined as the direct salaries of the Architect's personnel engaged on the
of their mandatory and customary contributions and benefits related thereto, such
tutory employee benefits, insurance, sick leave, holidays, vacations, employee
'butions.
S AND OTHER SPECIAL TERMS AND CONDITIONS
"the Agreement. This Agreement represents the entire and integrated agreement
chitect and supersedes all prior negotiations, representations or agreements, either
t may be amended only by written instrument signed by both Owner and Architect.
documents listed below.
PENSATJON
91.5.1 For the kchitect's services as described under Article lA, compensation shall be computed as follows:
I Construction Documents throuQh Construction Administration for a stioulated sum of sixty-two thousand. dollars
($62.000.00).
AlA Documenl8141™ - 1997 Part 1. Copyright @ 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987 and 1997 byThe
~~:~~~~r~~:~t~~~~~:~~;~enc~~ d~~;~:~~:~o~e~~~~~:A~~~~:~:n~~so~~~: ~~~~:e~::~ ~r~~~~~~t~~ ~~~'e;eo~r::ilg:~dL~~~;:j~~t~~~~~:~s~~nT:~~;:e:~
proseculed 10 the maximum extent possible under the law. This document was produced by AlA software at 13:04:57 on 09/29/2005 under Order
No.1000179014_1 which expires on 8112/2006, and is no! tor resale.
User Noles: (3795965467)
ices of the Architect's consultants, compensation shall be computed as a multiple of
times the amounts billed to the Architect for such services.
es as described in Section 1.3.9.2, and any other items included in Section 1.5.5 as
pensation shall be computed as a multiple of One and one-tenth ( ill ) times the
ct, and the Architect's employees and consultants.
e calls. film and develo ine:.renderine:s. ublic or rivate a!!:enc fees. travel at
dcin!!: and commercial travel will be billed at 1.10 times the ex ense incurred.
r services of the Architect and the Architect's consultants as set forth in this
ccordance with their normal salary review practices.
:'0 Dollars and Zero Cents ($ 0.00) shall be made upon execution of this
payment under this Agreement. It shall be credited to the Owner's account at final
ts for services shall be made monthly, and where applicable, shall be in proportion to
. s set forth in this Agreement.
~p( 1Q ) days from the date of the Architect's invoice. Amounts unpaid
" 'hall bear interest at the rate entered below, or in the absence thereof at the
the principal place of business of the Architect.
~ Federal Truth in Lending Act, similar state and local consumer credit laws
's and Architect's principal places of business, the location of the Project and
this provision. Specific legal advice should be obtained with respect to deletions
g requirements such. as written disclosw"es or waivers.}
e y this Agreement have not been completed within Twelve ( 11) months of the date
of the Architect, extension of the Architect's services beyond that time shall be
in Section 1.5.2.
AlA Document B141™ -1997 Part 1. Copyright @ 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966,1967,1970, 1974, 1977, 1987 and 1997 by The
~~:~~a~ri~:~I~~~~~:~~~ii;e~~~ ~~t~:~~:~o~e~~~~~:A~,f~~:~:n~:So:~~: ~~~~:ne~: ;~ ~r~~~~~~t~~ ~~~~;eO~K:;I?:~dL~~~I~~i~~~~~;~~~~ln:~~;;e;~ 10
prosecuted to the maximum exlent possible under lhe law. This document was produced by AlA software at 13:04:57 on 09129/2005 under Order
NO.1 000179014_1 which expires on 6112/2006, and is not for resaie.
User Notes: (3795965467)
of Document's Authenticity
- 2003
:;,;j:~f*ipf'Terry, hereby certify, to the best of my knowledge, information and belief, that I created the attached final
, Clm':uinent simultaneously with this certification at 13:04:57 on 09/29/2005 under Order No. 1000179014_1 from
. ", Contract Documr::p!!j software and that in preparing the attached final document I made no changes to the
'nal te " ]fme B 141 TM - 1997 Part 1. Standard Form of Agreement Between Owner and
. teet " of Architect's Services, as published by the AlA in its software, other than changes
n in cu y underscoring added text and striking over deleted text.
AlA Document D401™ - 2003. Copyright@1992 and 2003 by The American Institute of Architects. All rights reserved. WARNING: This AlA'" Document
is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribuUon of this AlA" Document, or any portion of it,
may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possIble under the law. This document was produced
by AlA software aI13:04:57 on 09/29/2005 under Order No.1000179014_1 which expires on 8/12/2006, and is nolfor resale.
User Noles: (3795965467)
Document B141™ -1997 Part 2
This document has important
legal consequences.
Consultation with an attorney
is encouraged with respect to
its completion or modification.
ISTRATION SERVICES
hitect's services and administer the Project. The
esearch applicable design criteria, attend Project
the Project team and issue progress reports. The
ices provided by the Architect and the Architect's
. by the Owner and the Owner's consultants.
een sufficiently identified, the Architect shall
Project schedule that shall identify milestone dates for
er, design services furnished by the Architect, completion of
hitect, commencement of construction and Substantial
1 consider the value of alternative materials, building systems and
other considerations based on program, budget and aesthetics in
..0 r the Project.
ect shall submit design documents to the Owner at intervals appropriate
ess for purposes of evaluation and approval by the Owner. The Architect
oio rely on approvals received from the Owner in the further development
S 2.1.6 The Archite2t shall assist the Owner in connection with the Owner's responsibility
for filing documents required for the approval of governmental authorities having
jurisdiction over the Project.
AlA Document 8141Tll -1997 Part 2. Copyright @ 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987 and 1997 by The
American Institute of Architects. All rights reserved. WARNING: This AlA'" Document is prolected by U.S. Copyright Law and International Treaties.
Unauthorized reproduction or distribution of this AlA" Document, or any por!ion of it, may resuJl in severe cMI and criminal penalties, and \'Ill! be
prosecuted to the maximum exlent possible under the law. This document was produced by AlA software al14:45:46 on 09/29/2005 under Order
No.1 000179014_1 which expires on 8/12/2006, and is not tor resale.
User Notes: (4136748319)
, i=>
': aati~i=> seaai1JeFlS. .^ seeFaiB.i=>l~, ,the .^.rehiteet eamlet. aHa aeBS
o'
BEt, eem.p eBBRt S~ ~tBms a'fla t~ fl ~s sf
B Ccmtra:t Sam e:elilF.F.iB.i=> after
.0 tiati~o sf t.J.:1B ProjOeet ithiB. a reassFlabletime;
. . . ;
o .
I 3 2.2.1.2 THe (; 'Rer sHa:l1 fi:b.'"E:i.SH Sll[ 'e~ 5 ts aeseRse PH) sieaJ €.flat'aeteasties, Ieoal 1il.'l3:itati.eFlS aaa ati:l:ity leeaasBs
f-ar me site sf me Prejeet, aaa a ~T:i.tten Ieoa1 aeseFiflE.en sf ilia site. THe Sll[ e:"S aaa le",al infsrmati.eR shaH iBeluae,
as appJ:i~a:ela, graaes aRalifleS sf streets, alle~ s, fla emsnts ana atljeinino p-sj3efl)' &REl stm::mres; aEljaeent ElraiBaoe;
AlA Document B141'M -1997 Part 2. Copyright @ 1917, 1926, 1948, 195J, 1953, 1958, ,961, 1963, 1966, 1967, 1970, 1974, 1977, 1987 and 1997 by The
~~:~~aO~il~:~t~~~~~:~~~i~e~~~ ~~t~:g~:~o~e~~~~~:Ar:..:~~~u~7n~~So:~~: ~~~l~:ne~: :~ ::;~:~~~~t~~ ~~;~;:~K:ilg:~dL~~~~~II~~~~~:~~~~n:r~~i:e:~
prosecuted to the maximum extent possible under the Jaw. This document was produced by AlA software a114:45:46 on 09/29/2005 under Order
NO.1 000 179014_, which expires on 8/12/2006, and is n01 for resaie.
User Notes: (4136748319)
. 0
. The Owner shall furnish surveys to describe h sical characteristics. legal limitations and utilit locations
site of the Pro' ect. and a written legal descri tion of the site. The surve s and legal information shall include.
cable. grades and lines of streets. alle s. navements and ad'oinim: TO ert and structures: ad'acent drainage'
f way. restrictions. easements. encroachments. zoning deed restrictions. boundaries and contours of the site:
s. dimension cessar data with res ect to existing buildin!!s. other im rovements and trees: and
able utilit services and lines, both public and rivate. above and below grade:
All the information on the surve shall be referenced to a Pro' ect benchmark.
'sh services of geotechnical engineers which may include but are not limited to test
of soil bearing values, percolation tests, evaluations of hazardous materials, ground
ts, including necessary operations for anticipating subsoil conditions, with reports
s.
e-Gest
) ha e SE the ':) ~ FIer' s pre gram., BFIaRsial am! t-im.e
all include normal structural, meehaffi€.al-mechanical, electrical. civil
ndsca e design services.
, 0
~~ m.e~el~, p,*speea e shtehes, &1~etreBie ~eeel-iFlo aT
DeS8ffisBts rma l>paatea 6 <.1<.'1oet far fue C;st af the ~;Fsr:I'. The I.'esiga re elapm.sElt DeSl:lmeFlts shall mas8:at~ &Ba
assEFilie ilie -efmsmeFlt sf ilie ae!:)igH sitHs Prejeet, esta-1:JlishiElo ilie s~813e, felatisBships, f-eFffis, siz:: ana <lJ3psaraE.ee
eft-he PfejeetB~' means B.c plans, seeaeBs afi8 ele -a.tiSBS, "S'pieal eOBstn:JstisB actaids, a-B8 CfjHlpFElE!rH: la-;, S BtS. The
AlA Document B1417~"'; 1997 Part 2. Copyright @ 1917, 1926, 1948, 1951, 1953,1958, 1961, 1963, 1966,1967, 1970, 1974, 1977, 1987 and 1997 by The
American lnsliluie of Architects. All rights reserved. WARNING: This AlA'" Document is protected by U.S. Copyright Law and International Treaties.
UnauthorIzed reproduction or distribution o! this AIA~ Document, or any portion of It, may result in severe civil and crIminal penalties, and will be
prosecuted to the maxlmum extent possible underthe law. This document was produced by AlA software at 14:45:46 on 09/2912005 under Order
No.1000179014_1 which 'expires on 8/12/2006, and is nol for resale.
User Notes: (4136748319)
STRUCTION DOCUMENTS
e Architect shall provide Construction Documents based on the approved Design Development
or,. Documents. The Construction Documents shall set forth in
requirements for construction of the Project. The Construction Documents shall include Drawings and
ifications that establish in detail the quality levels of materials and systems required for the Project.
. d~~~t,spment of the Construction Documents, the Architect shall assist the Owner in the
., ",l:m of: (1) bidding and procurement information which describes the time, place and
, g or proposal torms; and the form of agreement between the Owner and the Contractor;
Contract for C;:onstruction (General, Supplementary and other Conditions). The
tIle Project Manual that includes the Conditions of the Contract for Construction and
, bidding requirements and sample forms.
ROCUREMENT SERVICES
the Owner in obtaining either competitive bids or negotiated proposals and shall
preparing contracts for construction.
e Owner in establishing a list of prospective bidders or contractors.
he Owner in bid validation or proposal evaluation and determination of the
. If requested by the Owner, the Architect shall notify all prospective bidders or
results.
er, the Architect shall arrange for procuring the reproduction of Bidding Documents
bidd Owner shall pay directly for the cost of reproduction or shall reimburse
chitect shall distribute the Bidding Documents to prospective bidders and
of the bidding process. The Architect shall maintain a log of distribution and
. ny, received from and returned to prospective bidders.
,. ate in or, at the Owner's direction, shall organize and conduct a pre-bid
all prepare responses to questions from prospective bidders and provide clarifications and
ding Documents to all prospective bidders in the form of addenda.
S 2.5.4.7 The Architect shall participate in or, at the Owner's direction, shall organize and conduct the opening of the
. . 'shall subsequently document and distribute the bidding results, as directed by the Owner.
REliaeEs, Sfleeifiea:tieE5 aFl3 Dra,: iEos.
3 :Ui.l3.2lf-C"lI'lC5tCEl13~' the 'J 'Bei', the ;\rehiteet GRall a.'TaBoe fB. pre~I:Iri.'Fl" the repre,hu,asB efP:rspesad
Daeameili" far Elisl:Fil:1l'ltiaB ta J3raSflceti 'e eSBtraeters. The C; 'R_T GRaIl f1a-:.' dirseN:; f-EIr the ~est e: repF800etieR ar
shaR reiffiBl'lfsc tae :,rhitDct fer SHea e;'fleRS8S,
AlA Document B141™ -1997 Part 2. Copyright @ 1917, 1926, 1948, 1951,1953,1958,1961, 1963,1966,1967, 1970, 1974, 1977, 1987 and 1997 by The
American Institute of Architects. All rights reserved. WARNING: This AlA'" Document is protected by U.S. Copyright Law and International Treatles.
Unauthorized reproduction or distribution of this AIA* Document, or any portion of it, may result In severe civil and criminal penalties, and will be
prosecuted to the maximum extent possIble under the law. This document was produced by AlA software at 14:45:46 on 09/29/2005 under Order
No.1000179014_1 which expires on 8/12/2006, and is not for resale.
User Notes: {4136748319}
-0
sa ise-Rt~~ iRo apflra Ba saGstitl;lasBS ts all J?rsspeeti B eSRtraete-s.
MINISTRATION SERVICES
ION
ide administration of the Contract between the Owner and the Contractor as set
AlA Document A201, General Conditions of the Contract for Construction, current
Modifications made to the General Conditions, when adopted as part of the
orceable under this Agreement only to the extent that they are consistent with this
by the Architect.
bility to provide the Contract Administration Services under this Agreement
'nitial Contract for Construction and terminates at the issuance to the Owner of the
wever, the Architect shall be entitled to a Change in Services in accordance with
'nistration Services extend 60 days after the date of Substantial Completion of the
representative of and shall advise and consult with the Owner during the provision
Services. The Architect shall have authority to act on behalf of the Owner only to the
ent unless otherwise modified by written amendment.
tions of authority of the Architect under this Article 2.6 shall not be
itten agreement of the Owner and Architect with consent of the
asonably withheld.
a1l~teview properly prepared, timely requests by the Contractor for additional information
prepared request for additional information about the Contract
" approved by the Architect and shall include a detailed written statement
Specifications in need of clarification and the nature of the clarification
e Architect, the Architect shall on the Owner's behalf prepare, reproduce and
'(;.i<f"gsiand Specifications in response to requests for information by the Contractor.
all interpret and decide matters concerning performance of the Owner and Contractor
of, the Contract Documents on written request of either the Owner or Contractor. The
uch requests shall be made in writing within any time limits agreed upon or otherwise with
tions and decisions of the Architect shall be consistent with the intent of and reasonably inferable
Documents and shall be in writing or in the form of drawings. When making such interpretations
s, the Architect shall endeavor to secure faithful performance by both Owner and Contractor,
" ,;partiality to either, and shall not be liable for the results of interpretations or decisions so rendered in
good faith.
AlA Document B141™ -1997 Part 2. Copyright @ 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974. 1977, 1987 and 1997 by The
American Ins1i1ute of Architects. All rights reserved. WARNING: This AIAv Document is protected by U.S. Copyright law and International Treaties.
Unauthorized reproduction or distrIbution of this AIA~ Document, or any porlion of It, may result In severe civil and criminal penalties, and will be
prosecuted to the maximum extent possible under the Jaw. This document was produced by AlA software at 14:45:46 on 09/29/2005 under Order
No.1000179014_1 which expires on 8/12/2006, and is not for resale.
User Notes: (4136748319)
S 2.6.1.9 The Architect shall render initial decisions on claims, disputes or other matters in question between the
8W(),'-lBd Contractor as provided in the Contract Documents. However, the Architect's decisions on matters
._,;~;/:_ fe,\~?~~118 aesthetic effect shall be final if consistent with the intent expressed in the Contract Documents.
'i':;2i6;2,}g~ALUATIONS OF THE WORK
.2.6.2.tThe Architect, as a representative of the Owner, shall visit the site at intervals appropriate to the stage of the
tor's operations, or as otherwise agreed by the Owner and the Architect in Article 2.8, (1) to become
ally familiar with and to keep the Owner informed about the progress and quality of the portion of the Work
pleted, (2) to ende?~9r to guard the Owner against defects and deficiencies in the Work, and (3) to determine in
al if thy:]W ork' i performed in a manner indicating that the Work, when fully completed, will be in
t Documents. However, the Architect shall not be required to make exhaustive or
ns to check the quality or quantity of the Work. The Architect shall neither have control
onsible for, the construction means, methods, techniques, sequences or procedures, or
ams in connection with the Work, since these are solely the Contractor's rights and
act Documents.
rt to the Owner known deviations from the Contract Documents and from the most
mitted by the Contractor. However, the Architect shall not be responsible for the
e Work in accordance with the requirements of the Contract Documents. The
r the Architect's negligent acts or omissions, but shall not have control over or
pible for acts Or omissions of the Contractor, Subcontractors, or their agents or
s or entities performing portions of the Work.
times have access to the Work wherever it is in preparation or progress.
ided in this Agreement or when direct communications have been specially
avor to communicate with the Contractor through the Architect about matters
ontract Documents. Communications by and with the Architect's consultants shall
ve authority to reject Work that does not conform to the Contract Documents.
. s~ary or advisable, the Architect will have authority to require inspection or
provisions of the Contract Documents, whether or not such Work is
er, neither this authority of the Architect nor a decision made in good faith
uthority shall give rise to a duty or responsibility of the Architect to the
. and equipment suppliers, their agents or employees or other persons or entities
o CONTRACTOR
and certify the amounts due the Contractor and shall issue Certificates for
itect's certification for payment shall constitute a representation to the Owner,
of the Work as provided in Section 2.6.2 and on the data comprising the
nt, that the Work has progressed to the point indicated and that, to the best of the
ormation and belief, the quality of the Work is in accordance with the Contract
g representations are subject (1) to an evaluation of the Work for conformance with the
n Substantial Completion, (2) to results of subsequent tests and inspections, (3) to
ations from the Contract Documents prior to completion, and (4) to specific qualifications
expressed by the AI;chitect.
nee of a Certificate for Payment shall not be a representation that the Architect has (1) made
'nuous on-site inspections to check the quality or quantity of the Work, (2) reviewed construction
echniques, sequences or procedures, (3) reviewed copies of requisitions received from
... d material suppliers and other data requested by the Owner to substantiate the Contractor's right to
payment, or (4) ascertained how or for what purpose the Contractor has used money previously paid on account of
the Contract Sum.
S 2.6.3.3 The Architect shall maintain a record of the Contractor's Applications for Payment.
AlA Document B141TM -1997 Part 2. Copyright @ 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987 and 1997 by The
~~:~i;ha~ri~:~t~~~~~:~~~ii~e~~; ~~I~:g~~~o~e~~~~~sdA~f~~I~u~~~~So~~~: ~~~~:ne~: i~~ ~:;~~~~l~~ ~~~e;eO~~ilgah~dL~~;:i~~:~~~~~:~~~nT:~~;:e~~
prosecuted to the maximum extent possible under the law. This document was produced by AlA software at 14:45:46 on 09/29/2005 under Order
No,1000179014 _1 which expires on 8/12/2006, and is not for resale.
User Notes: (4136748319)
,~,~:,,~;ARHBMITT ALS
,':Sl~:;6;4:1;Whe Architect shall review and approve or take other appropriate action upon the Contractor's submittals
C'~; " , 'op Drawings, Product Data and Samples, but only for the limited purpose of checking for conformance
'mation giyen and the design concept expressed in the Contract Documents. The Architect's action shall be
~TIl'iJVith such reasonable promptness as to cause no delay in the Work or in the activities of the Owner, Contractor
,(,,' , "),;;' ',).i~~l~t~;:v~~~~;~~~h ;:~~~:~~~n:o~u:~~~:~~~~~:~~~:~~~e~;'~e~~:S::~;~~u:~~:~~~:;:~;~~~~:~~ of
details such as dift'!:~nsions and quantities, or for substantiating instructions for installation or performance of
ment OLlS stem f which remain the responsibility of the Contractor as required by the Contract
ments review shall not constitute approval of safety precautions or, unless otherwise
chitect, of any construction means, methods, techniques, sequences or procedures, The
ific item shall not indicate approval of an assembly of which the item is a component.
rvices or certifications by a design professional related to systems, materials or
ed of the Contractor by the Contract Documents, the Architect shall specify
ign criteria that such services must satisfy. Shop Drawings and other submittals
, ed by the design professional retained by the Contractor shall bear such
en submitted to the Architect. The Architect shall be entitled to rely upon the
ess of the services, certifications or approvals performed by such design
e Change Orders and Construction Change Directives for the Owner's approval
h the Contract Documents. The Architect may authorize minor changes in the Work
Contract Sum or an extension of the Contract Time which are consistent with the
nts. If necessary, the Architect shall prepare, reproduce and distribute Drawings and
k to be added, deleted or modified, as provided in Section 2.8.2.
'y prepared, timely requests by the Owner or Contractor for changes in the
act Sum or Contract Time. A properly prepared request for a change in the
supporting data and information to permit the Architect to make a
e investigation or preparation of additional drawings or specifications. If
anges in the Work are not materially different from the requirements of
y issue an ord er for a minor change in the Work or recommend to th e
.'ed. '
that implementation of the requested changes would result in a material change
.. djustment in the Contract Time or Contract Sum, the Architect shall make a
'fu'b may authorize further investigation of such change. Upon such authorization,
uinished by the Contractor, if any, the Architect shall estimate the additional cost and
m such change, including any additional costs attributable to a Change in Services of the
1" S approval, the Architect shall incorporate those estimates into a Change Order or other
n for the Owner's execution or negotiation with the Contractor.
OMPLETlON
'teet shall conduct inspections to determine the date or dates of Substantial Completion and the
~mp1etion, shall receive from the Contractor and forward to the Owner, for the Owner's review and
records, written warranties and related documents required by the Contract Documents and assembled by the
Contractor, and shall issue a final Certificate for Payment based upon a final inspection indicating the Work
complies with the requirements of the Contract Documents,
AlA Document 8141 T~ - 1997 Part 2. Copyright @ 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987 and 1997 by The
American institute of Architects. All rights reserved. WARNING: This AIA~ Document is protected by U.S. Copyright Law and International Treaties.
Unauthorized reproduction or distribution at this AlA'" Document, or any portion of it, may resull in severe civil and criminal penalties, and witl be
prosecuted to the maximum extent possible under the law. This document was produced by AlA software at 14:45:46 on 09/29/2005 under Order
No.l000179014_1 which expires on 8fl2/2006, and is not tor resale.
User Noles: (4136748319)
er, and prior to the expiration of one year from the date of Substantial Completion,
'ng with the Owner and the Owner's Designated Representative to review the
e and to make appropriate reconunendations to the Owner.
ICES
. stration Services beyond the following limits shall be provided by the Architect
nce with Section 1.3.3:
2. ) reviews of each Shop Drawing, Product Data item, sample and similar
ontractor. .
1 ) visits to the site by the Architect over the duration of the Project during
,1. ) inspections for any portion of the Work to determine whether such portion of
tantially complete in accordance with the requirements of the Contract Documents.
1 ) inspections for any portion of the Work to determine final completion.
nd COIltJ;aqtAdministration Services shaH be provided by the Architect as a Change
'.3:
bmittal out of sequence fi-om the submittal schedule agreed to by the
t6}'i1le Contractor's requests for information where such information is available to the
D;P '. '~\study and comparison ofthe Contract Documents, field conditions, other
. "f!!ition, Contractor-prepared coordination drawings, or prior Project
Qcumentation;
a Construction Change Directives requiring evaluation of proposals, including the
ion of Instruments of Service;
. on concerning replacement of Work resulting from fire or other cause during
. extensive number of claims submitted by the Owner's consultants, the Contractor or
onnection with the Work;
of substitutions proposed by the Owner's consultants or contractors and making
t revisions to Instruments of Seryice resulting therefrom;
:l--I preparation of design and documentation for alternate bid or proposal requests proposed by the
er; or
ntract Administration Services provided 60 days after the date of Substantial Completion of the
rk.
iiect shall furnish or provide the following services only if specifically designated:
Location of Service Description
AlA Document 8141"" -1997 Parl2. Copyrighl @ 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987 and 1997 by The
American Institute of Architects. All rights reserved. WARNJNG; This AlA" Document is protected by U.S. Copyright Law and Inlernational Treaties.
Unauthorized reproduction or distribution ot this AlA'" Document. or any porllon 01 iI, may result in severe civil and criminal penalties, and will be
prosecuted to the rna>:lmum extent posslble under the law. This document was produced by AiA software at 14:45:46 on 09/29/2005 under Order
No.1000179014 1 which,expires on 8/12/2006, and is nol for resale.
User Notes: - . (4136748319)
SelVices
Responsibility Location of Service Description
(Architect, Owner or
Not Provided
l\TP
NP
NP
NP
NP
NP
NP
NP
NP
NP
Architect
Architect
NP
NP
NP
NP
NP
NP
NP
NP
NP
NP
BRS Architects
BRS Architects
e ermit for building, facilitate biddinf! and rovide Construction
on,
ndard FOlm of Architect's Services: Design and Contract Brninistration and modifications
nto the Standard Form of Agreement Between the 0 r nd Architect, AlA Document
"a,$:'enered into by the parties as of the date:
AlA Document B141T" -1997 Part 2. Copyright @ 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 19B7 and 1997 by The
~~:~i~a~ri~:~l~~~~~:~~:~~~; d~~t~:~~i~o~e~~~~~:A:1~~~:;:n~~so:~~: ~~~t~:e~; iit: :::~~~~~t~~ ~~~'e~eO~~~gah~dL~~~~~t~~~:~;~~~~lnT;~~i:e:~
prosecuted to the maximum extent possible under the law. This document was produced by AlA software at 14:45:46 on 09/29/2005 under Order
NO.1 000179014_1 which expires on B/12/2006, and is not for resale.
User Noles; (413674B319)
of Document's Authenticity
- 2003
AlA Document D401™ -2003. Copyright@1992and2003 by The American Institule of Architects. All rights reserved. WARNING: This AlA" Document
is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduclion or distribution of this AIA~ Document, or any portIon of it,
may result In severe cIvil and criminal penallies, and will be prosecuted to the maximum extent possible under lhe law. This documenl was produced
by AlA software aI14:45:46 on 09/29/2005 under Order No, 1000179014_1 whiCh expires on 8/12/2006, and is not for resale,
User Notes: (4136748319)
.. !1ft..~
jJJ~
ARCHIT~CTS
1010 S. AllaotePJace, Suite 100
BQISE, IDAHO 83709
TELEPRONE208 336 8370
FAX 208 336 8380
EXHIBIT B
19 September 2005
TO: City of Meridian
ATTN: Brad Watson, Director of Public Works
FROM: Clinton M. Yaka
RE: A & E Fees-
PROJECT: City of Meridian Water Division BUilding
Project Description:
An approximately 10,000 sJ., single story office and shop buifding that will have a
slab on grade, masonry exterior walls and metal roofing as delineated in exhibit "A",
located at 2235 NW 8th Street, Meridian, Idaho, Only the southern half of the
property will be improved as delineated in exhibit "B".
Scope of Services:
Anticipates completing services as outlined in the attached scope of services
exhibit and includes the following consultants: Structural, mechanical, electrical,
civil and landscape. . _
Fees: _
We propose to complete the A & E services for the stipulated sums in accordance
with the standard contract provisions as indicated below.
Construction documents thru Construction administration for a stipulated sum of
sixty-two thousand dollars ( $62,000.00 ).
Risk Manaaement
Proposal
Date
Page 2 of8
The following anticipates utilizing the Standard AI.A Contract 8141 and assumes
acceptance of risk management fimiting aggregate liability to the total fee for
services rendered, or $50,000, whichever is less. If this is not acceptable, please
add" 5% of the total fee. .
. .
Let me know if you have .any questions or need additional information. Again,
thank you for giving us this opportunity.
Please sign this letter as your acceptance of this proposal and return it t6 our office.
Brad, we appreciate your business and look forward to working with you on this
project.
Very truly yours,
Accepted:
BRS AR9HfTECTS
~~~f'b- Title
Date 17 ~- Zoos- Date
CMY:cw
Attachment: Exhibit - Scope of Service
Proposal
Date
Page 3 of8
Scope of Services
This is an exhibit attached to and made a pari of Proposal dated 19 September 2005 between BRS
Architects and The City of Meridian.
Civil Engineering. X
Design and detail grading and drainage
plans, sanitary sewer and domestic water. X
extensions to the existing mains.
Design of irrigation or drainage facilities,
utility' facilities that could be subject to X
relocation, piping. o~ other civil work
Topography survey. X
Legal descriptions for cross-access utility X
easements.
Off-site utility extensions. X
Designing retaining walls, which are not
parts of the building. X
Assumes that the site exterior property pins
have been set for this project. Note that if
the pins need to be set, State law requires X
that a Record of Survey be med.
Off-site improvements. X
Erosion & Sedimentation Control Plan X
(ESe)
Proposal
Date
Page 4 of8
Traffic study.
Soils investigation report.
Site Level I or IT environmental assessment.
x
x
x
Structural design and documentation of roof
framing, columns, walls and foundations.
Provide and assist selection of structural
s~tem and suggest possible changes to
affect savings.
Special concrete floor design to reduce or
eliminate joints.
x
x
x
Energy calculations for lighting and power.
Interior, exterior and site lighting and
controls of the project and power
distribution. Complete electrical design to .
include; Interior lighting, interior and
minimum exterior (sign age) power
distribution, specialty power hook-up,
lighting, intercom, sound system and
telecommunications and data raceways.
E,mergency and exit lighting.
Communication systems (voice and data)
will include empty conduit and outlet box
system.
Not included are wire terminations,
hardware, handsets, computers, servers, hub
or networking devises.
x
x
x
x
x
Proposal
Date
Page 5 of8
Theatrical-type dim.ming systems. "
(Standard light dimming system is included
if needed.)
x
F.ire alarm system per code."
x
Energy calculations for the Mechanical
System. X
Basic plumbing system design to 5 feet
outside the building envelope. Basic BY AC
system design to include mechanical unit X
sizing and location.
Distribution ducting. X
HV AC design feasibility of systems. X
Specialty exhaust systems design. X
Equipment design. X
Rough-in schedule for owner provided
fixtures. X
Fire sprinkler perlorm~ce specification.
Final design and construction. documents X
will be by the fire s rinkler contractor.
Field survey of existing equipment, if
applicable. X
Proposal
Date
Page 6 of8
Tenant improvement design and
docum~tation.
x
Prepare schematic and design development
site design, building layout and elevation
design based upon Owner's program
requirements and input
x
Design Development phase to develop an
approvable floor plan, elevations, site plan
and preliminary section.
x
Conditional Use submittal and pursuit of
approval. Anticipate public meetings
through the City.
x
Value engineering and detalled construction
cost estimates. .
x
. Probable co~struction costs.
Lease plan.
x
X
Color Board.
x
Energy calculations for the building
envelope.
x
Complete construction documents upon
receipt of design development signature of
approval.
x
Submit 3 sets of plans to the Health
Department. Upon recei t of ap roved and
X
PI0posal
Date
Page 7 of8
stamped plans, forward to Bldg. Dept.
Submit and pursue permit for btlilding.
Incorporation of Building Department
review comments into the documents.
Millwork design.
Specification manual.
Electronic drawing transfer and formatting.
Attend meetings with Owner to discuss
construction documents - anticipate typical
of three (3) l-hour meetings or as required
to communicate job status.
x
x
x
x
x
x
Alternates for bidding.
Assistance in Didding phase by distribution
of bidding proposal documents and address
clarifications and questions as needed.
Assistance in bidding phase with a pre-bid
conference.
x
x
x
Review shop-drawi:t:tg submittals.
Site observations at intervals appropriate to
the stage of construction.
x
x
Proposal
Date
Page 8 of8
Pre-Construction meeting.
.X
Review and approve Application and
Certification for Payment.
x
Complete final punch list review and
,certification of substantial completion, if
required. Provide trr:al completion notice.
.X
Coordination and assistance in interpreting
the construction documents with the
Contractors during construction.
x
Change Orders.
x
Special inspections Dot under standard site
observations.
Record Documents
x
X
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September 30, 2005
MERIDIAN CITY COUNCil MEETING
APPLICANT
October 4, 2005
ITEM NO.
5-Q
REQUEST Water Main Easement Agreement for Carrabba's Italian Restaurant by EP Crossing. llC
AGENCY COMMENTS
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUilDING DEPT:
CITY WATER DEPT:
CITY SEWER DEPT:
CITY PARKS DEPT:
MERIDIAN SCHOOL DISTRICT:
ADA COUNTY HIGHWAY DISTRICT:
SANITARY SERVICE COMPANY
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
MERIDIAN POST OFFICE:
OTHER:
See attached
~~
Contacted:
Emailed:
Date:
Staff Initials;
Phone:
Materials presented at public meetings shall become property of the City of Meridian.
City of Meridian
Public Works Dept.
Memo
To: Mayor De Weerd & City Council
From: Karie Glenn
cc: File
Date: 9/28/2005
Re: Proposed Agenda Items for 10/4/05 City Council Meeting
The Public Works Department respectfully requests that the following items be placed on the
10/4/05 City Council agenda, on the Consent Agenda, for Council's consideration:
1) Water Main Easement for Carrabba's Italian Restaurant bv EP Crossina LLC.
Typical Water Main Easement.
Recommended Council Action: Approve the Water Main Easement for
Carrabbafs Italian Restaurant by EP Crossing LLC and authorize the Mayor
to sign and City Clerk to attest.
Thank you for your consideration.
. Page 1
WATER MAIN EASEMENT
THIS INDENTURE, made thi&day o~~etwee~~~ U<:!.-. the parties of
the first part, and hereinafter called the Grantors, and the City of Meridian, Ada Co'unty, Idaho, the party of
the second part, and hereinafter called the Grantee;
WITNESSETH:
WHEREAS, the Grantors desire to provide a water main right-of-way across the premises and
property hereinafter particularly bounded and described; and
WHEREAS, the water main is to be provided for through an underground pipeline to be constructed
by others; and
WHEREAS, it will be necessary to maintain, main and subsequently connect to said pipeline from
time to time by the Grantee;
NOW, THEREFORE, in consideration of the benefits to be received by the Grantors, and other good
and valuable consideration, the Grantors do hereby give, grant and convey unto the Grantee the right-
of-way for an easement for the construction, operation, maintenance, repair, replacement of a water
main over and across the following described property:
(SEE ATTACHED EXHIBIT A and B)
The easement hereby granted is for the purpose of construction and operation of a water line and their
allied facilities, together with their maintenance, additional connection thereto, repair and replacement
at the convenience of the Grantee, with the free right of access to such facilities at any and all times.
TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, it's successors
and assigns forever.
IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after
construction, making repairs, performing other maintenance or making subsequent connection to the
water line, Grantee shall restore the area of the easement and adj acent property to that existent prior to
undertaking such construction, repairs and maintenance. However, Grantee shall not be responsible for
repairing, replacing or restoring anything placed within the area described in this easement that was
placed there in violation of this easement.
THE GRANTORS hereby covenant and agree that they will not place or allow to be placed any
permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this
easement, which would interfere with the use of said easement, for the purposes stated herein.
THE GRANTORS hereby covenant and agree with the Grantee that should any part of the right-of-
way and easement hereby granted shall become part of, or lie within the boundaries of any public
street, then, to such extent, such right-of-way and easement hereby grarlted which lies within such
boundary thereof or which is a part thereof, shall cease and become null and void and of no further
Water Service Easement
Page 1
WTR
EASMT -
effect and shall be completely relinquished.
THE GRANTORS do hereby covenant with the Grantee that they are lawfully seized and possessed of
the aforementioned and described tract of land, and that they have a good and lawful right to convey
said easement, and that they will warrant and forever defend the title and quiet possession thereof
against the lawful claims of all persons whomsoever.
IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures
the day and year first herein above written.
pI'1 GRANTOR: IEP ~6S$'_~ LLC!.
~~~~-~"-
Secretary
STATE OF IDAHO)
) ss
County of Ada )
On this .;J"& day of ,1.c.jJ [eIYv(rr;-v 20Q2, before me, the undersigned, a Notary Public in
and for said State, persohally appeared M (6H11O_ jJ, PlEtZ'! and
known or identified to me to be the ~~~~tt!'~aAf~~, respectively, of the
corporation that executed the within instrument, and acknowfe ged to me that such corponi.tion
executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year
fist above wri1\ffiJm"",
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NOTARY PUBLJC-F-OR IDAHO
Residing at'!~&;0 -x: "~Cd-
Commission Expires: t'f/ Jr;/ /0 U
GRANTEE: CITY OF MERIDIAN
Tammy de Weerd, Mayor
Attest by William G, Berg, City Clerk
Water Service Easement
Page 2
WTR
EASMT -
Approved By City Council On:
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., lmown 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 aclmowledged 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:
Water Service Easement
Page 3
WTR
EASMT-
TEALEY'S LAND
SURVEYING
2501 Bogus Basin Rd. . Boise, Idaho 83702
(208) 3B5M0636
Fax (208) 385-0696
Project No.: 2899
Date: September 15, 2005
EXHIBIT SlAu
DESCRIPTION
OF.
MERIDIAN WATERMAIN EASEMENT
EPCROSSINGS'. LLC
A parcel of land being a portioflParcel1'as shown on Record.of $urvey No..6994.on
file inthe Office of the RecQrder for Ada County, Idaho, situated hi the NW 1/4 of Section9,
T. 3N., R 1 E., B.M., Meridian, Ada County, Idaho and being more particularly described as
follows: . . . . . . .
COMMENCING at a brass Gap marking the West 1/4 corner of said Section 9;
thence along the South line of said NW 1/4
South .89"20'42" East 70.00 fer::t to a point on thE;! extended West line of said Parcel
1; thence along said extended West line and the West Line. of Parcel 2 of said Record of
Survey No. 6994 .
North 01008'42" East 191.05 feettoanir?npin marking the Southwest corner of said
Parcel 1; thence.along the South line of said Parcel 1 .' .,., ,.
South 89020'42" East 359.92feet to an iron pin marking the Southeast corner of said
Parcel 1 which point is also thePOINT OF BEGINNING; thence returning along said South
line of Parcel 1
North 89020'42" West 19,92 feet to a point; thence leaving said South line
North 01008'42" East 16.95 feet to a point; thence
North 89020'42f1 West 152:39. feet to a point; thence '. '
North 01008'42" East 86.10 feet to a point; .thence at right angles
North 88051 '18" West 40.00 feet to.a point; thence at right angles
North 01008142" East 20:00 feet to a point; thence at right angles
South 88051'18" East 1 0.'00 feet to a point; thence at right angles
North 01008'42" East 42B9 feet to a point on the north line of said Parcel 1; thence
along said North line
South 89014'2011 East 50.00 feet to a point; thence leaving said North line
South 01008'42" West 129.15 feet to a point; thence
South 89020'42" East 149.84 feet to a point on the East line of said Parcel 1 ; thence
along said East Hne
South 00039'18" West 7.67 feet to an iron pin marking a point of curve; thence along
the arc of a curve to the left having a radius of 200.00 feet, a central angle of 08025'07", a
length of 29.39 feet and a long chord that bears
South 03033'16" East 29.36 feet to the POfNT OF BEGINNING.
Said Easement Contains 8,393 Square Feet, more or less
2899-Water-Main-des.doc . dnm
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191.06'
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---- ----~. ---...- -""'"^"_ h'__ _,. _.,....,.._____..__
N. EAGLE ROAD (STATE HWY 55)
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September 30, 2005
MERIDIAN CITY COUNCIL MEETING
APPLICANT
October 4,2005
ITEM NO.
5-R
REQUEST MOU for Hookup to the City of Meridian's Sewer I Water System outside of the City
Limits with JLJ Enterprises, Inc.
AGENCY
COMMENTS
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY
CITY POLICE DEPT:
CITY FIRE DEPT;
CITY BUilDING DEPT:
CITY WATER DEPT:
CITY SEWER DEPT:
CITY PARKS DEPT:
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:
Staff Initials:
Phone:
Materials presented at public meetings shall become property of the City of Meridian.
MEMORANDUM OF UNDERSTANDING
BETWEEN
JLJ ENTERPRISES, INC.
AND
BITTERCREEK MEADOWS SUBDIVISION HOA
AND
THE CITY OF MERIDIAN
THIS MEMORANDUM OF UNDERSTANDING is made and entered into this
day of
, 2005, by and between Bittercreek Meadows Subdivision
Homeowners Association, Inc. (HOA), JLJ Enterprises, Inc. (JLJ), and The City of
Meridian, Idaho (City), to establish a mutual understanding of the terms, conditions,
duties and responsibilities pertaining to the hookup to City's sewer and water system
outside city limits at the Bittercreek Meadows Subdivision located as shown in Figure 1.
WHEREAS, JLJ Enterprises Inc. is the sole owner, in law and/or in equity of a certain
tract of land in the County of Ada, State of Idaho, generally depicted in Figure 1 and
commonly known as the Bittercreek Meadows 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 JLJ Enterprises Inc. is the owner of the Property, which is presently
located outside of the city limits of the City; and
WHEREAS, the JLJ Enterprises Inc. is desirous of obtaining connection to City's
Sewer/Water to serve the. Property and the City is willing to provide that connection to
the Sewer/Water service to JLJ Enterprises Inc. subject to the terms and conditions and
consideration of this and future agreements, and it is specifically agreed that as a
specific consideration of the City's willingness to enter into this agreement that the
Bittercreek - 1 of 7
City's Ordinance and Policy/Regulations which govern its Sewer/Water system be
included as terms and conditions of this agreement and that the JLJ Enterprises Inc.
provide perpetual consent to annexation of the Property in to the City.
NOW, THEREFORE, the parties hereby agree as follows:
Water
JLJ will drill a production well, construct a pump house, and provide backup power for
pumping facilities. The facilities will meet CITY standards and will be approved by CITY
prior to construction.
JLJ will construct a water distribution system which will meet CITY standards and will be
approved by CITY prior to construction.
JLJ will provide SCADA (communications and control) for monitor and control of the
water system. The SCADA system will be consistent will the existing CITY SCADA
system.
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
JLJ will construct, in a location to be approved by City, a Lift Station and pressure
sewer line which will connect into CITY sewer collection system. This system will be
owned by the HOA and operated and maintained by Challenger Electric (or equivalent).
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
Bittercreek - 2 of 7
capability and 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.
JLJ will provide bonding and/or other guaranties as required by CITY for future
abandonment of the lift station and pressure sewer upon annexation.
The HOA will pay for maintenance of the lift station and pressure sewer. City shall
review and approve the CC&Rs of the HOA to assure that it contains adequate
provisions to fund lift station and pressure sewer maintenance requirements.
Sewer Lines
JLJ 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. JLJ will pay for all overtime which may be required for this service.
Non-Build and Non-Occupancy Agreements
JLJ shall execute non-build and non-occupancy agreements for each of the planned
lots on the property agreeing not to build structures or allow occupancy until such time
as City's water and sewer requirements for the subdivision have been met
Bittercreek - 3 of 7
Annexation
At such time as the property becomes legally eligible for annexation into the City, JLJ
Enterprises Inc. 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.
Termination
This agreement may be terminated at any time by mutual agreement of the parties.
Reimbursement
JLJ will be reimbursed by CITY for water pumping facilities (pump and pumphouse).
JLJ will provide adequate documentation to CITY regarding its actual cost to purchase
and construct the pumping facilities within 60 days after construction. CITY will
reimburse JLJ for these costs adjusted for inflation, within 60 days after annexation. In
the event that a jurisdiction other than City annexes the Property, City's reimbursement
obligation shall be null and void.
Agreement to Negotiate to Final Agreement
The parties contemplate that further negotiations will take place regarding the subject
matter of this agreement and that the parties will execute a more detailed Final
Agreement containing additional detailed terms and conditions to carry out the intent of
this Memorandum of Understanding.
Bittercreek - 4 of 7
IN WITNESS WHEREOF, the parties do execute this Memorandum of Understanding
the day and year first above written.
JLJ ENTERPRISES INC
By
Jim Jewett, President
BITTERCREEK MEADOWS SUBDIVISION
HOMEOWNERS ASSOCIATION~ INC.
By
Jim Jewett, Director
CITY OF MERIDlAN~ IDAHO
By:
Tammy de Weerd, Mayor
Attest:
William Berg, Jr., City Clerk
Bittercreek - 5 of 7
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 Jim Jewett, known or identified to me to be the
President of JLJ Enterprises, 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 Jim Jewett, known or identified to me to be a Director of
the Bittercreek Meadows Subdivision 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:
Bittercreek - 6 of 7
Ci~ of Meriaian
Putilic Woms Dept.
Memo
To: Tammy de Weerd, Mayor
From: Lenard Grady
cc:
Date: 11/8/2005
Re: Signature on Contract Documents
I am enclosing documents for signature as summarized below:
Eaale Road Waterline Abadonment with Civil SUNey approved by council on
9/28/2005 (1 copy).
Reuse Study with Civil Survey approved by council on 6/7/2005 (1 copy).
Bittercreek MOU approved by council on 10/4/2005 (1 copy)
Please return the originals to me.
From the desk of...
Thank you,
Len
Lenard Grady
Staff Engineer
Meridian Public Works
Department
660 E. Watertower, Suite 200
Meridian, Idaho 83642
(208) 898-5500
Fax: (208) 887-1297
gradyl@.lmeridiancity.org
. Page 1
MEMORANDUM OF UNDERSTANDING
BETWEEN
JLJ ENTERPRISES, INC.
AND
BITTERCREEK MEADOWS SUBDIVISION HOA
AND
THE CITY OF MERIDIAN
THIS MEMORANDUM OF UNDERSTANDING is made and entered into this 4 fA.
day of o {\/f:-obP.A,./, 2005, by and between Bittercreek Meadows Subdivision
Homeowners Association, Inc. (HOA), JLJ Enterprises, Inc. (JLJ), and The City of
Meridian, Idaho (City), to establish a mutual understanding of the terms, conditions,
duties and responsibilities pertaining to the hookup to City's sewer and water system
outside city limits at the Bittercreek Meadows Subdivision located as shown in Figure 1.
WHEREAS, JU Enterprises Inc. is the sole owner, in law and/or in equity of a certain
tract of land in the County of Ada, State of Idaho, generally depicted in Figure 1 and
commonly known as the Bittercreek Meadows Subdivision, hereinafter referred to as
the Property; and
WHEREAS, Idaho Code S50-323, provides and empowers cities to establish, create,
develop, maintain and operate Sewer/Water systems; and
WHEREAS, City operates and maintains and develops a SewerlWater system; and
WHEREAS, the City has enacted an ordinance governing its Sewer/Water system
codified in Meridian City Code S 9-4-26 and 9-1-16; and
WHEREAS, the JLJ Enterprises Inc. is the owner of the Property, which is presently
located outside of the city limits of the City; and
WHEREAS, the JLJ Enterprises Inc. is desirous of obtaining connection to City's
SewerlWater to serve the Property and the City is willing to provide that connection to
the SewerlWater service to JLJ Enterprises Inc. subject to the terms and conditions and
consideration of this and future agreements, and it is specifically agreed that as a
specific consideration of the City's willingness to enter into this agreement that the
Bittercreek - 1 of 7
City's Ordinance and Policy/Regulations which govern its Sewer/Water system be
included as terms and conditions of this agreement and that the JLJ Enterprises Inc.
provide perpetual consent to annexation of the Property in to the City.
NOW~ THEREFORE, the parties hereby agree as follows:
Water
JLJ will drill a production well, construct a pump house, and provide backup power for
pumping facilities. The facilities will meet CITY standards and will be approved by CITY
prior to construction.
JLJ will construct a water distribution system which will meet CITY standards and will be
approved by CITY prior to construction.
JLJ will provide SCADA (communications and control) for monitor and control of the
water system. The SCADA system will be consistent will the existing CITY SCADA
system.
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
JLJ will construct, in a location to be approved by City, a Lift Station and pressure
sewer line which will connect into CITY sewer collection system. This system will be
owned by the HOA and operated and maintained by Challenger Electric (or equivalent).
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
Bittercreek - 2 of 7
capability and 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.
JLJ will provide bonding and/or other guaranties as required by CITY for future
abandonment of the lift station and pressure sewer upon annexation.
The HOA will pay for maintenance of the lift station and pressure sewer. City shall
review and approve the CC&Rs of the HOA to assure that it contains adequate
provisions to fund lift station and pressure sewer maintenance requirements.
Sewer Lines
JLJ 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. JLJ will pay for all overtime which may be required for this service.
Non-Build and Non-Occupancy Agreements
JLJ shall execute non-build and non-occupancy agreements for each of the planned
lots on the property agreeing not to build structures or allow occupancy until such time
as CIty's water and sewer requirements for the subdivision have been met.
Bittercreek - 3 of 7
Annexation
At such time as the property becomes legally eligible for annexation into the City, JLJ
Enterprises Inc. 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.
Termination
This agreement may be terminated at any time by mutual agreement of the parties.
Reimbursement
JLJ will be reimbursed by CITY for water pumping facilities (pump and pumphouse).
JLJ will provide adequate documentation to CITY regarding its actual cost to purchase
and construct the pumping facilities within 60 days after construction. CITY will
reimburse JLJ for these costs adjusted for inflation, within 60 days after annexation. In
the event that a jurisdiction other than City annexes the Property, City's reimbursement
obligation shall be null and void.
Agreement to Negotiate to Final Agreement
The parties contemplate that further negotiations will take place regarding the subject
matter of this agreement and that the parties will execute a more detailed Final
Agreement containing additional detailed terms and conditions to carry out the intent of
this Memorandum of Understanding.
Bittercreek - 4 of 7
IN WITNESS WHEREOF, the parties do execute this Memorandum of Understanding
the day and year first above written.
By
BITTERCREEK MEADOWS SUBDIVISION
:~~:~ON'=-
Ji Jewett, Ir or
CITY OF MERIDIAN, IDAHO
By:
IO!~/o" .
Attest:
C,C A~,..-_f
Bittercreek - 5 of 7
STATE OF IDAHO, )
: ss.
County of Ada, )
On this t.(-f!::. day of ()c{-Ohe. / ,2005, before me, the undersigned, a Notary Public
in and for the State of Idaho, personally appeared Jim Jewett, known or identified to me to be the
President of JLJ Enterprises, 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 abov~ttelill"q
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STATE OF IDAHO, )
: ss.
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Residing at 410... (..-...un. ''fv
My commission Expires: 1:r;: 7~
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County of Ada, )
On this J!!::....day of ()r-!bIo.0Y ,2005, before me, the undersigned, a Notary Public
in and for the State of Idaho, personally appeared Jim Jewett, known or identified to me to be a Director of
the Bittercreek Meadows Subdivision 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.
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STATE O;'~~AHO:""'" )
: ss.
County of Ada,) . _
On this g~ay of 11 @ve4ufJ&u ,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.
SEAL
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and
year first above written. .....UII.....
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Bittercreek - 6 of 7
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September 30, 2005
MERIDIAN CITY COUNCIL MEETING October 4,2005
APPLICANT ITEM NO. 5-5
REQUEST Approve August Financial Report
AGENCY COMMENTS
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
CITY WATER DEPT:
CITY SEWER DEPT:
CITY PARKS DEPT:
MERIDIAN SCHOOL DISTRICT:
ADA COUNTY HIGHWAY DISTRICT:
SANITARY SERVICE COMPANY
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
MERIDIAN POST OFFICE:
OTHER:
Contacted: Date: Phone:
Emailed: Staff Initials:
Materials presented at public meetings shall 6i~ome property of the City of Meridian.
September 30, 2005
MERIDIAN CITY COUNCIL MEETING
APPLICANT Mayor's Office
Department Reports
October 4, 2005
ITEM NO.
6-8-1
REQUEST Proclamation for Crime Prevention Month
AGENCY COMMENTS
CITY CLERK: See attached Proclamation
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:
roP
Contacted:
Emailed:
Date:
Staff Initials:
Phone:
Materials presented at public meetings shall become property of the City of Meridian.
September 30, 2005
MERIDIAN CITY COUNCIL MEETING October 4, 2005
APPLICANT Human Resources Department - Bill Nary
Department Reports
ITEM NO.
6-A- 1
REQUEST Benefits for Fiscal Year 2006
AGENCY COMMENTS
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
CITY WATER DEPT:
CITY SEWER DEPT:
CITY PARKS DEPT:
MERIDIAN SCHOOL DISTRICT:
ADA COUNTY HIGHWAY DISTRICT:
SANITARY SERVICE COMPANY
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
MERIDIAN POST OFFICE:
OTHER:
Contacted:
Emailed:
Date:
Staff Initials:
Phone:
Materials presented at public meetings shall become property of the City of Meridian.
September 30, 2005
MERIDIAN CITY COUNCIL MEETING
Department Reports
October 4, 2005
APPLICANT Mayor's Office ITEM NO. 6-8-2
REQUEST Parks and Recreation Commission Appointments Andee Stockton and Craig Steele
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
~
/J;rr'
&J VlO 8
Contacted:
Emailed:
Date:
Staff Initials:
Phone:
Materials presented at public meetings shall become property of the City of Meridian.
September 26, 2005
Mayor Tammy DeWeerd
City of Meridian
33 East Idaho
Meridian, ill 83642
Re: Parks and Recreation Commission Position
Dear Mayor DeWeerd:
Please accept this letter as my request to remain on the Meridian Parks and Recreation
Commission.
I have enjoyed working with the Parks and Recreation staff and fellow commissioners
over the past few years. I look forward to experiencing more growth in our parks and
recreation programs in the future.
~:k Stnd~~
Andee Stockton
President, Meridian Parks & Recreation Commission
Cc: Parks and Recreation Department
September 30, 2005
MERIDIAN CITY COUNCIL MEETING
APPLICANT Mayor's Office
Department Reports
October 4,2005
ITEM NO.
6-8-3
REQUEST Special Meeting with Kuna City Council and DEQ
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:
,l '1 0 ~fl rJ if
Our; l/ {
,toffY ~
e {'-< () (~Pr-
~ (,f.f() fJ,
Contacted:
Emailed:
Date:
Staff Initials:
Phone:
Materials presented at public meetings shall become property of the City of Meridian.
CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF LAW AND
DECISION & ORDER
In the Matter of Annexation and Zoning of 3.57 Acres from Rl (Ada County) to R-8
(Medium Density Residential) AND Preliminary Plat Approval of Twenty-two (22) single
family residential lots and Three (3) Common/Other Lots for Brienholt Subdivision, by
Richard and Susan Breinholt.
Case No(s). AZ-05-036, and PP-05-037
For the City Council Hearing Date of: October 4, 2005
A. Findings of Fact
1. Hearing Facts
a. A notice of a public hearing was published for two (2) consecutive weeks prior to
the City Council public hearing, the first publication appearing and written notice
mailed to property owners or purchasers of record within three hundred feet (300')
of the external boundaries of the property. The notice of public hearing before the
City Council was posted upon the property under consideration more than one week
before said hearing. All other noticing was done consistent with Idaho Code 967-
6509.
The matter was duly considered by the City Council at the October 4, 2005, public
hearing(s). The applicant, affected property owners, and government subdivisions
providing services within the planning jurisdiction of the City of Meridian were
given full opportunity to express comments and submit evidence.
b. Written and oral testimony was received on this matter, as reflected in the records
ofthe City Clerk (for written testimony) and in the official meeting minutes (for
oral testimony).
c. The Planning and Zoning Commission conducted a public hearing 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 Melidian City Code 99 11-15-5 and 11-17-5 as
evidenced by the Affidavit of Mailing, and the Affidavit of Publication and Proof of
Posting filed with the staff report.
3. Application and Property Facts
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ-05-fl3tr I PP-05-ffi-T PAGE I of 4
o~l D3~
In addition to the application and property facts noted in the staff report and the
Planning & Zoning Recommendation for the subject application(s), it is hereby
verified that the property owner(s) of record at the time of issuance of these
findings is Richard and Susan Breinholt.
4. Required Findings per Zoning and Subdivision Ordinance
a. See attached staff report for findings related to all applications.
B. Conclusions of Law
1. The City of Melidian shall exercise the powers confelTed upon it by the "Local Land
Use Planning Act of] 975," codified at Chapter 65, Title 67, Idaho Code (LC. 967-
6503).
2. The Meridian City Council takes judicial notice of its Zoning, Subdivision and
Development Ordinances codified at Titles] 1 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 ofthe City of Meridian, which was
adopted August 6, 2002, Resolution No. 02-382 and Maps.
3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code
9 11-17-9.
4. Due consideration has been given to the comment(s) received from the governmental
subdivisions providing services in the City of Meridian planning jurisdiction.
5. It is found public facilities and services required by the proposed development will not
impose expense upon the public if the attached conditions of approval are imposed.
6. That the City has granted an order of approval in accordance with this Decision, which
shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon
the applicant, the Planning and Zoning Department, the Public Works Department and
any affected party requesting notice.
7. That this approval is subject to the Legal Descriptions, the Preliminary Plat dated July
20,2005, the Annexation and Zoning Comments, and the Preliminary Plat Site Specific
and Standard Conditions of approval, all contained 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 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:
CITY OF MERlDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ-05-936! PP-05-EB'? PAGE 2 of 4
051 o~
1. The applicant's Preliminary Plat as evidenced by having submitted the Preliminary
Plat dated July 20, 2005 is hereby conditionally approved;
2. The Site Specific and Standard Conditions contained in the attached staff report
D. Notice of Applicable Time Limits
1. Notice of Eighteen (18) Month Conditional Use Permit Duration
Please take notice that the conditional use pennit shall be valid for a maximum peliod
of eighteen (18) months unless otherwise approved by the council. During this time,
the pennit 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 penn anent 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.)
2. Notice of Twelve (12) Month Preliminary Plat Duration
Please take notice that after the date of approval of the preliminary plat, the owner or
developer shall have one year within which to file the request for approval of the final
plat. After approval of final plat, the owner or developer shall have one year to begin
construction of the public utilities and one year thereafter to complete construction of
those public facilities. (MCC 12-2-4.B & C.)
E. Notice of Final Action and Right to Regulatory Takings Analysis
1. The Applicant is hereby notified that pursuant to Idaho Code 67 -8003, the Owner may
request a regulatory taking analysis. Such request must be in writing, and must be filed
with the City Clerk not more than twenty-eight (28) days after the final decision
concerning the matter at issue. A request for a regulatory takings analysis will toll the
time period within which a Petition for Judicial Review may be filed.
2. Please take notice that this is a final action of the governing body of the City of
Meridian, pursuant to Idaho Code S 67-6521 an affected person being a person who has
an interest in real property which may be adversely affected by the issuance or denial of
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ-05-ffiU/ PP-05-837 PAGE 3 of 4
Dztl 034>
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. Exhibits: See attached Staff Report
4--11.::-
day of
By action of the City Council at its regular meeting held on the
&c:./t?P.(/1 ~ ,2005.
COUNCIL MEMBER SHAUN WARDLE
VOTED~
VOTED~Vlt
COUNCIL MEMBER CHRISTINE DONNELL
COUNCIL MEMBER CHARLIE ROUNTREE
VOTED~
VOTED~
COUNCIL MEMBER KEITH BIRD
MA YOR TAMMY de WEERD
(TIE BREAKER)
VOTED~
~-)
"yor U eerd ".
,,\\\ '~\ \~~ 11111111/1111///
.:-~"& ~ I~~
. f ~ 0 1~ \
and City Attomey.
By: ~hCU101~~
City Clerk's Office
Dated:
10 -U-O~
CITY OF MERIDiAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NOeS). AZ-05-936 / PP-05-63'7 PAGE 4 of 4
D51 034>
CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533
ST AFF REPORT
City Council Hearing
Hearing Date: October 4, 2005
Planning & Zoning Commission
Joseph Guenther, Associate City Planner
Breinholt Subdivision
TO:
FROM:
SUBJECT:
. PP-05-036
Preliminary plat proposal including 22 single family residential lots and 4
other/common
. AZ-05-037
Annexation and zoning of 3.57 acres from RUT (Ada County) to
R-8 (Medium Density Residential) CITY OF MERIDIAI\!
1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST
The applicant, J. Reese Leavitt of Leavitt & Associates, has applied for Annexation and Zoning (AZ) and
Preliminary Plat (PP) approval of 22 building lots and 3 common/other lots on 3.57 acres. The site is
located on the east side of Meridian Road approximately one-half of a mile nOlth of Fairview Avenue.
This site is currently rural residential with one single family residential building and accessory buildings.
The site has not been previously platted.
2. SUMMARY RECOMMENDATION
The subject property is within the Urban Service Planning Area. The subject applications (AZ and PP)
were submitted to the Planning & Zoning Department for concurrent review. Staff has provided a
detailed analysis and recommended conditions of approval for the requested annexation and zoning,
preliminary plat, and variance applications below. Staff recommended approval of the proposal dated
July 11,2005, amended July 20, 2005 for Breinholt Subdivision submitted as AZ-05-037 and PP-05-036
with the conditions of approval as outlined in this report. The Planning Commission held a public
hearing on September 1, 2005. At the public hearing they moved to recommend approval.
a. Summary of Public Hearing:
i. In favor: Reese Leavitt, Leavitt Engineering, Richard Breinholt
ii. In opposition; none
iii. Commenting: Ed Sweet, 2640 NOlth Meridian Road
iv. Staff presenting application: Joe Guenther
v. Other staff commenting on application: Anna Canning
b. Key Issues of Discussion by Commission:
i. Design of the street layout due to ACHD concerns on Voyager Street
ii. Pathway/open space lots in South Slough
iii. Continuance of flood irrigation to Mr. Sweets property north of the site
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:
2580 N Meridian Road I east side of Meridian Road, 2500 feet north of Fairview Avenue.
Bl'einholt Subdivision
AZ-05-037/PP-05-036
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3NlE06
b. Owner:
Richard and Susan Brienholt
1976 Star Lane
Meridian, Idaho 83642
c. Applicant:
J. Reese Leavitt
Leavitt & Associates, Inc
1324 1 st Street south
Nampa, Idaho, 83651
d. Representative: J. Reese Leavitt, Leavitt & Associates Inc.
e. Present Zoning: COUNTY RUT
f. Present Comprehensive Plan Designation: Medium Density Residential
g. Description of Applicant's Request: Twenty-two building lots in a pseudo-infill situation
where Fothergill Pointe Subdivision Number I is east of the site, Fothergill Pointe Subdivision Number I
is south of the site and Highgate Subdivision is north of the site and across the South Slough. The
applicant's request is consistent with the road layout and access restrictions of Meridian Road and the
South Slough east and north of the site.
h. Date of preliminary plat (attached as Exhibit AI): July 20, 2005 (amended)
i. Applicant's Statement/Justification: J. Reese Leavitt, Leavitt & Associates Inc. has submitted a
Letter of Intent with the application, dated July 12 for the AZ and PP. The applicant states that the
request is consistent with the Comprehensive Plan and will benefit the public interest by providing a
diverse housing type.
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 11 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 15lh and August 20lh 2005 (for P & Z
Commission meeting) and September Ith and 2611., 2005 for City CounciL
d. Radius notices mailed to properties within 300 feet on: August 5,2005 (for P&Z
Commission meeting) and September 9, 2005 for City Council.
e. Applicant posted notice on site by: August 19,2005 (for P&Z Commission meeting) and
September 24,2005 for City Council.
5. LAND USE
a. Existing Land Use(s): Single Family Residential- Agricultural
b. Description of Character of Surrounding Area: Transitional Agriculture to Single-Family
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CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884.5533
Residential
c. Adjacent Land Use and Zoning
1. North: Highgate Subdivision R-8, Unincorporated ADA County RUT
2. East: Fothergill Pointe Subdivision 1, R-8
3. South: Fothergill Pointe Subdivision I, R-8
4. West: South Slough, Waterbury Park Sub R-8
d. History of Previous Actions: N/A
e. Existing Constraints and Opportunities
1. Public Works
Location of sewer: Richter Ave
Location of water: Richter Ave
Issues or concerns: none identified
2. Vegetation: Agricultural and riparian
3. Flood plain: South Slough
4. CanalslDitches Irrigation: South Slough
5. Hazards: South Slough
6. Proposed Zoning: R-8
7. Size of Property: 3.57 acres
8. Description of Use: Single Family Residential
f. Subdivision Plat Information
1. Residential Lots; 22
2. Non-residential Lots: N/A
3. Total Building Lots: 25
4. Common Lots: 3 lots at 14,290 square feet
5. Other Lots: Existing residence and out buildings to be removed
6. Total Lots: 25
7. Open Lots: N/A
8. Residential Area: 5.61 acres
9. Gross Density: 6.17 units per acre
g. Landscaping
I. Width of street buffer(s): 25 feet on Meridian Road required (minor aIterial); applicant
has shown 25 feet on Preliminary Plat.
2. Width of multi-use pathway lots: the applicant has incorporated the 25 feet required
street buffer with the required 15 feet multiuse pathway lot along the south side of the
South Slough, as shown by proposed lot 20 Block 1
3. Percentage of site as open space (14290 square feet): 5% is required, 9.2% was
Breinholt Subdivision
AZ-05-037/PP-05-036
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CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533
provided in Common Lot 20, Block 1. Common lots t of Block 3 and Block 4. Street buffers of Lot 21
Block I were not included in this calculation.
h. Proposed and Required Residential Standards- No modifications to the R-8 bulk standards are
being requested.
Setbacks Proposed Required
attached/detached attached/detached
Front 20 20
Street side 20/15 20/15
Side 0/5 0/5
Rear 15 15
Frontage 40/65 40/65
Lot Size 4001 /6514 min sq. feet 4000/6500
PLEASE NOTE: The applicant has not submitted a Planned Development
application; therefore all setbacks and dimensional standards are to be per the R-8
zone.
j. Summary of Proposed Streets and/or Access (private, public, common drive, etc.):
A connection to Meridian Road has not been recommended by ACHD (see ACHD Staff Report) and the
intemal streets will be public. The applicant has connected to the first three stub streets located at the
south portion of the property for intemal circulation and is proposing thm-street connection for the
eastem most stub street for the undeveloped property north of the site which will be developed in the
future.
For a detailed report on the public streets and access points to public streets, please the attached
Staff has included all ACHD comments and recommended actions as Conditions of Approval in the
attached Exhibit B.
6. AGENCY COMMENTS MEETING On August 12, 2005 staff held an agency comments
meeting. Staff has included all comments and recommended actions as Conditions of Approval from the
meeting attached as Exhibit B.
7. COMPREHENSIVE PLAN POLICIES AND GOALS
The following Comprehensive Plan policies support this proposal:
· Require that development projects have planned for the provision of all public
services (Chapter VII, Goal III, Objective A, Action 1)
When the City established its Area of City Impact, it planned to provide City services
to the subject properties. The City of Meridian plans to provide municipal services to
the lands proposed to be annexed in the following manner:
Sanitary sewer and water service will be extended to the project at the
developer's expense.
The subject lands currently lie within the jurisdiction of the Meridian
Rural Fire District. Once annexed the lands will be under the jurisdiction
of the Meridian City Fire Department, who currently shares resource and
personnel with the Meridian Rural Fire Department.
Breinholt Subdivision
AZ-05-Q3 7/PP-05-036
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CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533
The subject lands currently lie within the jurisdiction of the Ada County
Sheriff's Office. Once annexed the lands will be serviced by the Meridian
Police Department (MPD).
The roadways adjacent to the subject lands are currently owned and
maintained by the Ada County Highway District (ACHD). This service
will not change.
The subject lands are currently serviced by the Meridian School District
#2. This service will not change.
The subject lands are currently serviced by the Meridian Library District.
This service will not change and the Meridian Library District should
stiffer no revenue loss as a result of the subject annexation.
Municipal, fee-supported, services will be provided by the Meridian Building
Department, the Meridian Public Works Department, the Meridian Water
Department, the Meridian Wastewater Department, the Meridian Planning and
Zoning Department, Meridian Utility Billing Services, and Sanitary Services
Company.
· Protect existing residential properties from incompatible land use development on
adjacent parcels (Chapter VII, Goal IV, Objective C, Action 1)
All of the properties adjacent to the subject site are designated for medium density
residential uses on the Comprehensive Plan Future Land Use Map.
· Support a variety of residential categories (low-, medium-, and high-density single
family, multi-family, townhouses, duplexes, apartments, condominiums, etc.) for the
purpose of providing the City with a range of affordable housing opportunities
(Chapter VII, Goal IV, Objective C, Action 10)
The subject property is designated Medium-Density Residential on the Future Land
Use Map which identifies this area as an appropriate area for medium-density
residential development. This proposal meets the Comprehensive Plan definition of
medium-density, with a gross density of 6.17 dwelling units per acre.
· Require street connections between subdivisions at regular intervals to enhance
connectivity and better traffic flow (Chapter VI, Goal II, Objective A, Action 6)
The street connections provided from Fothergill Pointe Subdivision have been
connected as planned (see ACHD report for details). This subdivision is one of the
last infill development in the near vicinity and will not be required to stub to adjacent
properties as there is no further development expected at the boundaries of this
development.
· Preserve, protect, enhance, and utilize our natural resources in Meridian and
surrounding areas. Preserve and conserve our waterways, wetlands, wildlife habitat,
and other natural resources. (Chapter V, Goal I, Objective A)
Breinholt Subdivision
AZ-05-037/PP-05-036
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CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533
There are no distinguishable natural features at this location. Stafffeels the open
fencing and maintenance free of noxious materials will enhance the surrounding
area. Wetlands, and alternate natural resources are absent from this site and the
subject property has designed the common/open space around preserving some open
space for drainage management, riparian revitalization on the South Slough, and
incorporation of the multi-use pathway.
· Develop policies and incentives to encourage infiIl and contiguous development.
(Chapter V Goal I Objective A Action 8)
The applicant has requested a slightly higher density relative to the immediate
vicinity. The applicant has continued the plans for development and the proposal
meets the agencies expectations with preservation of the waterway and connections to
existing stub streets.
· Offer a diversity of housing types for a greater range of choice. Encourage quality
housing project for all economic levels in a variety of areas. (Chapter VII Goal V
Objective A)
The anticipated products for the site will be singlefamily residences available to
individual buyers who are seeking a medium-small lot closer to the urban center.
· Support infill of random vacant lots in substantially developed, single-family areas at
densities similar to sUlTounding development. Increased densities on random vacant
lots should be considered if: Development of uses other than single-family structures
are compatible with sUlTounding development as it complies with the current
comprehensive plan. (Chapter VII Goal V Objective A Action 10)
The proposed density, size of lots and unique roadway design will allow for a denser
proposal with standard sized lots, not requiring special circumstances.
· Apply design and performance standards to infilling development in order to reduce
adverse impacts upon existing adjacent development. (Chapter VII Goal V Objective
A Action 11)
Staff does not foresee negative impact on surrounding development outside of the
construction phase. The site has an existing residence which will be removed and the
size, number, and quality of the houses is similar in nature to the surrounding
developments that the proposal should be indistinguishable upon build out. Attached
products were utilized in the development of Highgate Subdivision along Meridian
Road immediately north of the site.
Staff finds that the proposed R-8 zoning designation is harmonious with and in
accordance with the Comprehensive Plan.
8. ZONING ORDINANCE
a. Zoning Schedule of Use Control: Meridian City Code 11-2-1 lists single family residential
dwellings as permitted use in the R-8 zoning district
b. Purpose Statement of Zone:
R-8 Medium Density Residential District: The purpose of the R-8 district is to permit
Breinholt Subdivision
AZ-05-037/PP-05-036
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CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533
the establishment of single- and two-family dwellings at a density not exceeding eight
(8) 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 weJJ-
established neighborhoods of comparable land use. Connection to the municipal water
and sewer systems of the city is required.
9. ANALYSIS
a. Analysis of Facts Leading to Staff Recommendation
1. ANNEXATION & ZONING ANALYSIS: 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 townhouse residential
products. Please see Exhibit D for detailed analysis of facts and findings.
1. The annexation legal description submitted with the application (stamped on July 12,
2005 by Craig R. McCullough, PLS) shows the property as contiguous to the existing
corporate boundary of the City of Meridian.
2. Any future subdivision, uses and construction on this property shall comply with the City
of Meridian ordinances in effect at the time.
3. That the applicant will be responsible for all costs associated with the sewer and water
service extension. Any existing domestic weJJs and/or septic systems within this project
will have to be removed from their domestic service, per City Ordinance Section 5-7-5 I 7,
when services are available from the City of Meridian. Wells may be used for non-
domestic purposes such as landscape irrigation.
4. That all future development of the subject property shaJJ 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, propelty or the general welfare by
reason of excessive production of traffic, noise, smoke, fumes, glare or odors.
2. PRELIMINARY PLAT SPECIAL CONSIDERATIONS
I . Public Streets and Access:
Connectivitv (Fothergill Pointe Subdivisions):
The stub streets from Fothergill Pointe Subdivision shall connect from N. Richter, N.
Voyager, and N. Tuscan Avenues. These streets will connect across the proposed Breinholt
Subdivision and provide interconnectivity to each lot. The subdivision is constrained by
previous development in the area and is bound by ACHD policies of interconnectivity. No
direct access to Meridian is approved with this subdivision. .
N. Larchmont Avenue has been stubbed to the north for future access for the parcel north of
the site to take access upon redevelopment. Currently the existing home accesses Meridian
Road at the location of the future multiuse pathway and will be required to be fenced and
marked as to not allow vehicular access. The existing access/gravel driveway shall be
removed with ACHD requirements of no direct Lot access to Meridian Road, as stated on the
plat and reconfigured for pedestrian activity consistent with a multiuse pathway.
Breinholt Subdivision
AZ-05-037/PP-05-036
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CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533
2. Landscaping: Staff is generally supportive of the absence of a landscaping design due to
the size of the parcel, however a landscape plan is required prior to final plat submission with
the significant landscaping required for the multiuse pathway. The landscape plan must be
submitted with the following considerations: Non-combustible open vision 4' fencing is
required on the border of Lot 20 Block I and located along Meridian Road for the multiuse
pathway, the pathway and South Slough, and perimeter fencing shall be designed according
to MCC 12-13 and maintained by the home owners association.
3. Tree Mitigation: There are several large trees on this site that the applicant is proposing
to remove or relocate. 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 are removed (MCC 12-13-13-3). The applicant should coordinate a tree
protection/mitigation plan with Elroy Huff at the Meridian Park Department.
4. Ditches Laterals and Canals: Per MCC 12-4-13, all irrigation ditches, laterals or canals,
exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the
area being subdivided shall be tiled. Staff is unaware of the official status of the South
Slough; it appears to be maintained by Nampa Meridian Irrigation.
5. Pressure Irrigation: 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. See Site
Exhibit B below.
6. Fencing: The applicant is proposing to construct a minimum of a six foot tall solid fence
around the perimeter of the site. A detailed fencing plan should be submitted upon
application of the final plat (MCC 12-4-1O.F.3). 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. AI I fencing should be installed in accordance with MCC 12-4-10.
7. Existing ResidencesIBui1dings All buildings shall be removed prior to final plat.
b. Staff Recommendation: Staff recommends approval of AZ-05-037/PP-05-036 for Breinholt
Subdivision as presented in the staff report dated August 24, 2005 based on the Findings of
Fact as listed in Exhibit D and subject to the conditions of approval as listed in Exhibit B as
attached to this report. Staff has prepared findings consistent with this recommendation.
10. PROPOSED MOTION
Approve
I move to approve File Numbers (AZ-05-037/PP-05-036) as presented in the staff report and the
plat dated (July 20, 2005) with the following modifications to the conditions of approval: (add any
Bl'einholt Subdivision
AZ-05-037/PP-05-036
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CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884.5533
proposed modifications)
Deny
I move to deny File Numbers (AZ-05-037/PP-05-036) 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--Preliminary Plat (dated: July 1 1,2005 revised July 20, 2005)
B. Legal Description
C. Conditions of Approval
I. Planning Department
2. Public Works Department
3. Fire Department
4. Police Department
5. Parks Department
6. Sanitary Service Company
7. Ada County Highway District
D. Required Findings from Zoning Ordinance
Breinholt Subdivision
AZ-05-037IPP-05-036
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CITY OF MERIDIAN PLANNING AND ZON.lNG DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533
A. Drawings
1. Preliminary Plat (dated: 7/11/05, amended 7/20/05)
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Breinholt Subdivision
Exhibit A
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CITY OF MERIDIAN PLANNINGAND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884.5533
B. Legal Description
LEGAL DESCRIPTION
FOR
BRErNHOLT SUBDIVIS[QN
A parcel of land located in the Southwest 1/4 of the Northwest 1/4 of Section 6.
rowllship 3 North. Range I East. Boise Meridian. City of Meridian. Ada COUnty. Idaho
and more particularly described as follows:
Basis of Bearing is taken 3S the West lme or said Northwest li4 of Section 6. Township 3
North. Ranl.!:e I West. BUlse 1v!eridiall derived IrCln found monuments and mken 3S
North orn (j':; T' East.
Commencing at an aluminum cap monument marking the Northwest corner of said
Northwest !/4. thence along the West line of said Northwest 114 South 00"16'37" West n
distance of 1915.78 feet to a 5/8 inch rebaI' marking the POINT OF BEGINNING;
Thence leaving said West line South 89"43 '23" East a distance of 76.38 feet to a point;
Thence South 88"[ 4 '26" East a distance of 8] 2.47 feet to a point;
Thence South 67"19'43" East a distance of 181.65 feet to a point;
Thence South 00"09' 50" West a distance of 72.74 feet to a 5/8 inch rebar;
Thence North 89"50'00" West a distance of 1056.67 feet to a 5/8 inch rebar and from
which an aluminum cap monument marking the Southwest COmer of said Northwest 1/4
bears SOllth 00" 16'37" West a distance of 577.50 feet:
Thence along said West line Nurth 00" 16'37" East a distance of] 65.00 feet to the
POINT OF BEGINNING
Suid parcel contains 155.379 square fed or 3.57 acres more or less and is subjecllo 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 14th Ave. Soulh
Nampa. Idaho 83651
Steinholt Subdivision
Exhibit B
CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533
C. Conditions of Approval
1. Planning Department
J.I SITE SPECIFIC REQUIREMENTS-PRELIMINARY PLAT
1.1.1 The preliminary plat labeled as Sheet 1 prepared by Leavitt & Associates, dated July 20, 2005, is
approved, with the conditions listed herein. All comments/conditions of the accompanying
Annexation/Zoning (AZ-05-037) and Development Agreement shall also be considered
conditions of the Preliminary Plat (PP-05-036).
1.1.2 The applicant has proposed a 25-foot landscape buffer along Meridian Road and a 25 foot
buffer is required by ordinance. The sidewalks within this buffer shall be placed as to line up
with existing buffers in neighboring subdivisions.
1.1.3 The applicant shall comply with the requirements of no direct lot access for any lots adjacent to
Meridian Road as required by ACHD.
1.1.4 The applicant shall extend and construct the pathway access located on Lots 20 and 21 of Block 1
to the ACHD right of way or as required by the Meridian Parks Department.
1.1.5 Prior to the City Engineer's signature of a final plat all structures not contained on a designated
lot shall be removed as depicted on the preliminary plat.
1.1.6 A landscape plan shall be submitted prior to final plat showing the landscaping in relation to the
changes required by this report.
1.1. 7 All road drainage shall be contained on site in the drainage lot as depicted.
1.1.8 Maintenance of all common areas shall be the responsibility of the Breinholt Subdivision
Homeowners' Association.
1.1.9 Other than the public street access approved by ACHD, direct lot access to Meridian Road is
prohibited. A note shall be placed on the final plat restricting access to Meridian Road.
1.2 GENERAL REQUIREMENTS-PRELIMINARY PLAT
1.2.1 Sidewalks shall be installed within the subdivision and on the perimeter of the subdivision
pursuant to MCC 12-13-10-8.
1.2.2 All areas approved as open space shall be free of wet ponds or other such nuisances. All
storm water 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 storm water detention facility cannot be incorporated into the approved
open space and still meet the standards of MCC 12-13-14, then the applicant shall relocate the
facility. This may require losing a developable lot or developable area. It is the responsibility of
the developer to comply with ACHD, City of Meridian and all other regulatory requirements at
the time of final construction.
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
Breinholt Subdivision
Exhibit C
CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884.5533
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 A detailed landscape plan, in compliance with the landscape and subdivision ordinance and as
noted in this report, shall be submitted for the subdivision with the final plat application.
1.2.5 The applicant shall submit a detailed fencing plan with the final plat application for the
subdivision. If permanent fencing is not provided, temporary construction fencing to contain
debris must be installed around the perimeter prior to issuance of a building permit. All fences
should taper down to 3 feet maximum within 20 feet of all right-of-way. All fencing should be
installed in accordance with MCC 12-4-10.
1.2.6 Any tree over 4" in caliper that is removed from the property shall be replaced by instaHing
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.
1.2.7 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 Nampa Meridian Irrigation District. Plans wiH need to be approved by the
appropriate irrigation/drainage district, or lateral users association (ditch owners), with written
approval or non-approval submitted to the Public Works Department. If lateral users association
approval can not be obtained, alternate plans will be reviewed and approved by the City Engineer
prior to final plat signature.
1.2.8 Staff's failure to cite specific ordinance provisions or terms of the approved
annexation/conditional use does not relieve the appl icant of responsibility for compliance.
1.2.9 PreliminalY plat approval shall be subject to the expiration provisions set forth in MCCI2-2-4.
2. Public Works Department
2.1 The applicant has indicated that the pressurized irrigation system is to be an extension of a
Nampa and Meridian Irrigation system to the north. The applicant shall provide evidence of a
license agreement prior to scheduling of a pre-construction meeting.
2.3 There is an existing blow-off in N. Voyager Avenue, the applicant shaH be required to connect to
the proposed system in order to facilitate a loop system.
2.4 Any existing domestic well and/or septic systems within this project shall be removed from
domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells may be used for non-
domestic purposes such as landscape irrigation with approval for Idaho Department of Water
Resources.
2.5 Sewer service to this site is being proposed via extension of sewer mains in Fothergill Pointe
Subdivision #1. The applicant shall be responsible to install mains to and through this
development. The applicant sha[] coordinate sewer main size and routing with the Public Works
department. Cover over sanitary sewer mains shall be no less than 3-feet from finish grade to the
top of the pipe. If cover is less than 3-feet from the sub-grade to the top of the pipe, alternate pipe
materials shall be lIsed per the Meridian Public Works Department's Standard Specifications.
Breinholt Subdivision
Exhibit C
CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533
2.6 Water service to this site is being proposed via extensions of mains located in Fothergill Point
Subdivision #1. The applicant shall be required to install mains to and through this site.
Coordinate main size and routing with the Public Works Depmtment. The applicant shall
execute City of Meridian Standard forms of easement for any mains that are required to provide
service.
2.7 The applicant has indicated drainage lots on the preliminary plat but has not indicated how they
will dispose of storm drainage. A drainage plan designed by a State of Idaho licensed architect or
engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all of[-
street parking areas, and roadways. Storm water treatment and disposal shall be designed in
accordance with Department of Environmental Quality 1997 publication Catalog of Storm Water
Best Management Practices for Idaho Cities and Counties and City of Meridian standards and
polices. Off-site disposal into a surface water is prohibited unless the jurisdiction which has
authority over the receiving stream provides written authorization prior to development plan
approval. Additionally, the applicant must prove there are facilities to convey the water to the
receiving stream, and provide written permission to use said facilities. The applicant is
responsible for filing all necessary applications with the Idaho Department of Water Resources
regarding Shallow Injection Wells.
2.8 Any water meters located in a common driveway shall be constructed of upgraded materials per
City of Meridian Standard Specifications, Drawing 7.08 note 3.
2.9 The applicant shall coordinate fire hydrant placement with the City of Meridian Public Works
department during the plan approval process.
2.10 The applicant shall submit a copy of the CC and R's prior to final plat application.
2. I 1 Street signs are to be in place, water system shall be approved and activated, fencing shaH be
installed, drainage lots constructed, and the Final Plat for this subdivision shall be recorded, prior
to applying for building permits.
2.12 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.
2.13 All development improvements, including but not limited to sewer, fencing, micro-paths,
pressurized in-igation and landscaping shall be installed and approved prior to obtaining
certificates of occupancy.
2.14 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.
2.15 Preliminary plat approval shall be subject to the expiration provisions set forth in MCC 12-2-4.
2.16 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.
2.17 Applicant shall be responsible for application and compliance with and NPDES Permitting that
may be required by the Environmental Protection Agency.
Breinholt Subdivision
Exhibit C
/~ ~
{
CITY OF MERrDlAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533
2.18 Applicant shall be responsible for application and compliance with any Section 404 Permitting
that may be required by the Army Corps of Engineers.
2.19 All grading of the site shall be performed in conformance with MCC 11-12-3H.
2.20 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.
2.21 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.
3. Fire Department
3.1 One and two family dwellings will require a fire-flow of 1,000 gallons per minute available for
duration of 2 hours to service the entire project. Fire hydrants shall be placed an average of 500'
apmt. International Fire Code Appendix C
3.2 Acceptance of the water supply for fire protection will be by the Meridian Fire Department and
water quality by the Meridian Water Department for bacteria testing.
3.3 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.
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 lQ'.
g. Fire hydrants shall be place 18" above finish grade.
h. Fire hydrants shall be provided to meet the requirements of the lFC Section 509.5.
3.4 All entrance and internal roads shall have a turning radius of 28' inside and 48' outside radius.
3.5 Provide a 20' wide Fire Lane for all internal roadways all roadways shall be marked in
accordance with Appendix D Section D103.6 Signs.
3.6 Operational fire hydrants, temporary or permanent street signs and access roads with an all weather
surface are required before combustible construction is brought on site.
3.7 The proposed 22-lot subdivision with an estimated 2.9 residents per household would have a total
estimated population of 66 residents at build out.
3.8 The applicant shall work with Planning Depattment staff to provide an address identification plan
and a sign which meets the requirements of the City of Meridian sign ordinance at the required
intersection (s).
3.9 The fire depaltment requests that any future signalization installed as the result of the
development of this project be equipped with Opticom Sensors to ensure a safe and efficient
Breinholt Subdivision
Exhibit C
CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAPF REPORT. QUESTIONS? CALL (208) 884-5533
response by fire and emergency medical service vehicles. This cost of this installation is to be
borne by the developer.
3.1 0 Where a pOltion of the facility or building hereafter constructed or moved into or within the
jurisdiction is more than 400 feet (122 m) from a hydrant on a fire apparatus access road, as
measured by an approved route around the exterior of the facility or building, on-site fire hydrants
and mains shall be provided where required by the code official. For buildings equipped throughout
with an approved automatic sprinkler system installed in accordance with Section 903.3.lJ or
903.3.1.2 the distance requirement shall be 600 feet (183).
For Group R-3 and Group U occupancies, the distance requirement shall be 600 feet (I 83 m).
For buildings equipped throughout with an approved automatic sprinkler system installed in
accordance with Section 903.3.1.1 or 903.3.1.2, the distance requirement shall be 600 feet (183
m).
4. POLICE DEPARTMENT
No comments received.
5. PARKS DEPARTMENT
5.1 Standard for Mitigation of trees: The standard established in the City of Meridian Landscape
Ordinance (MCC 12-13-13-6) will be followed.
5.2 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.
5.3 Pathway and Trail standards: The proposed pathway and/or trail shall meet the standards as set
forth in the August 2003 Comprehensive Parks and Recreation System Plan, pgs. 3-2 and 3-3,
sections B & C.
5.4 Standard for City to assume Maintenance of a section of Pathway: The pathway must connect
from one major arterial to another, and either an easement or ownership deed must be granted
before the city will assume the maintenance of any section of pathway.
6. SANITARY SERVICE COMPANY
No comments received.
Breinholt Subdivision
Exhibit C
CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533
7. Ada County Highway District
A. Site Specific Conditions of Approval
1. Close the existing curb cut driveway that exists on Meridian Road with standard vertical curb,
gutter and sidewalk to match the surrounding improvements.
2. Extend North Richter Avenue into the site approximately 180-feet east of Meridian Road, as
proposed.
3. Extend North Voyager Avenue into the site approximately 430-feet east of Meridian Road, as
proposed.
4. Extend North Tuscan Avenue into the site approximately 680-feet east of Meridian Road, as
proposed.
5. Extend North Larchmont Avenue into the site approximately 78-feet west of the east property
line, as proposed.
6. Construct a stub street, North Larchmont Avenue, to extend to the north property line
approximately 78-feet west of the east property line, as proposed. Provide a temporary
turnaround at the terminus of the roadway.
7. Construct Breinholt Street as a 29-foot street section with vertical curb, gutter and 5-foot attached
concrete sidewalk within 42-feet of right-of-way, as proposed. Obtain approval from the
Meridian Fire Department for the reduced street section. Parking will be prohibited on one side
of the roadway.
8. Construct Nol1h Larchmont Avenue as a 36-foot street section with rolled curb, gutter and 5-foot
attached concrete sidewalk within 50-feet of right-of-way, as proposed.
9. Construct two knuckles without center islands within the subdivision, as proposed.
10. Comply with all Standard Conditions of Approval.
Standard Conditions of Approval
1. Any existing irrigation facilities shall be relocated outside of the right-of-way.
2. All utility relocation costs associated with improving street frontages abutting the site shall be
borne by the developer.
3. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the
construction of the proposed development. Contact Construction Services at 387-6280 (with file
number) for details.
4. Utility street cuts in pavement less than five years old are not allowed unless approved in writing
by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for
details.
Breinholt Subdivision
Exhibit C
CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533
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 of Idaho 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.
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 confirmation of any change from the Ada County Highway District.
11. Any change by the applicant in the planned use of the property which is the subject 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 property unless
a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect
at the time the change in use is sought.
Breinholt Subdivision
Exhibit C
CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533
D. Required Findings from Zoning Ordinance
1. ANNEXATION FINDINGS:
According to Ordinance 11-15-11, General Standards Applicable to Zoning Amendments, both the
P&Z Commission and Council are required "to review the particular facts and circumstances of each
proposed zon ing 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 the Breinholt Subdivision staff report item #7
above. City Council supports the zoning and finds the proposal in accordance with the
Comprehensive Plan.
B. Is the area included in the zoning amendment intended to be rezoned in the future;
City Council does not anticipate that the applicant intends to rezone the subject property in the
future.
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 single-family residential uses are allowed within the requested zoning
district of R-8. Medium Density Residential permits the establishment of residential uses and is
designed to protect the integrity of residential development by prohibiting the intrusion of
incompatible nonresidential uses. The accompanying plat demonstrates the land will be
developed with lot sizes, housing types and other dimensional requirements that conform to the
proposed zoning designation.
D. Has there been a change in the area or adjacent areas which may dictate that the area
should be rezoned. For example, have the streets been widened, new railroad access been
developed or planned or adjacent area being developed in a fashion similar to the proposed
rezone area;
City Council finds that recent residential developments to the perimeter of the site have been
approved for development similar to the proposed subdivision, with single-family residences.
Currently sewer is available in N. Richter Avenue that stubs into this project from Fothergill
Pointe Subdivision.
Based on the ACHD Long Range 2030 proposal, Meridian Road is anticipated to eventually be a
5-lane roadway abutting this site. However, Meridian Road is not currently included within
ACHD's Five Year Work Program or in the currently adopted 20-year Capital Improvements
Plan for roadway improvements.
Local Stub Streets are ACHD rights-of-way and provides multiple stub connections to the
property. ACHD and the City of Meridian will require the proposed development connect these
roadways as proposed. The design for N. Larchmont Ave within Breinholt Subdivision shall
Breinholt Subdivision
Exhibit D
CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533
meet the requirements of the turnarounds as approved by the Meridian Fire Department for
approved turnarounds.
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, staff believes that the
existing parcels in the area (south and north and east) have already developed with similar
densities, have attached products, 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. The applicant has provided an open space/drainage lot and pathway connection
which meets the requirements for development of five acres or more.
The existing character of the area will not change as this is one of the final infill developments in
the vicinity, where the parcel north of the site is dependent on the sewer connection being
extended. City Council does not find that the proposed zoning/uses will adversely change the
essential character of area. the Commission and Council rely on staff's analysis, public testimony
received and any comments submitted from any other agencies or departments regarding whether
this property should be annexed as proposed.
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 hazardOllS as long as
the conditions outlined in this repOlt are complied with and construction traffic and house
construction is conducted in a manner consistent with City Code.
Direct access shall not be taken from Meridian Road. Access shall be taken through the stub
streets as designed and directed to Fothergill Pointe Subdivision. This will create additional
traffic, especially construction traffic during build-out for residences of Fothergill Pointe which
could be considered disturbing to residents as arterial road must be taken through their
neighborhood.
The Commission and Council rely on any public testimony (oral and written) when determining
whether or not the proposed zoning and subsequent uses will be disturbing or hazardous to the
existing or future neighboring uses.
G. Will the area be served adequately by essential public facilities and services such as
highways~ streets, police and fire protection, drainage structures~ refuse disposal, water,
sewer or that the person responsible for the 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.
Breinholt Subdivision
Exhibit D
CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533
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 12,2005, a joint agency/depaItme"nt comments meeting was held with representatives
of key service providers to this property. Based on the joint agency/department meeting and other
comments received from agencies/departments, City Council finds that the public services listed
above can be made available to accommodate the proposed development. The Commission and
Council reference any written and/or verbal testimony submitted by any public service provider,
regarding their ability to adequately service this project.
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 pmposed 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 amollnt 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.
J. Will the area have vehicular appmaches to the property which shall be so designed as not to
create an interference with traffic on surrounding public streets;
The applicant is proposing to construct one public street extension to the property north of the site
from which will connect with Fothergill Pointe Subdivision further north. ACHD is supportive of
the proposed stub street extensions as previously approved. The landscaping plan will be required
to Meridian Road and the multiuse pathway. If the proposal 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
Breinholt Subdivision
Exhibit D
CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533
proposed development will not result in the destruction, loss or damage of any natural feature(s)
of major importance if developed under these conditions. City Council finds that the regular
maintenance of the South Slough is beneficial to the City of Meridian as it is currently not in a
maintained state.
Commission and Council reference any public testimony that may be presented to determine
whether or not the proposed development may destroy or damage a natural or scenic feature(s) of
major importance of which staff is unaware.
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 lots that are similar in nature to existing subdivisions in
the near vicinity, attached single family housing products are located in Highgate Subdivision.
City Council finds that all essential services are available or will be provided by the developer to
the subject property and will not require unreasonable expenditure of public funds. The applicant
is proposing to develop the land in general compliance with the City's Comprehensive Plan.
City Council does not recommend lot sizes that would be invasive to the properties adjacent to
the subject property but the lot sizes should be similar in nature and allow additional residential
densities and product oppOltunities for the general vicinity. Subdivisions of medium density have
already been approved for development to the south and this is a logical expansion of the City
limits for an infill project. In accordance with the findings listed above, City Council finds that
annexation and zoning of this orooertv would be in the best interest of the Citv.
PRELIMINARY PLAT ANALYSIS
Sections 12-3-3 J.2 and 12-3-5 D read as follows: "In determining the acceptance of a proposed
subdivision, the Commission and Council shall consider the objectives of this title and at least the
following:
A. The conformance of the subdivision with the Comprehensive Development Plan;
City Council finds that the proposed application is in substantial compliance with the adopted
Comprehensive Plan. The proposed density of 6.17 dwelling units per acre (gross) is in the
recommended dwelling units per acre for the comprehensive designation. City Council supports
the proposed layout as a practical solution to address the constraints of infill development which
has design criteria dictated by previous developments. Please see Annexation and Zoning
Analysis "Item 7 above",
B. The availability of public services to accommodate the proposed development;
City Council finds that public services are available to accommodate the proposed development.
(See finding "Item 7 above" under Annexation and Zoning Analysis for more detail.)
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,
City Council finds that the subdivision will not require the expenditure of capital improvement
funds.
D. The public financial capability of supporting services for the proposed development;
Breinholt Subdivision
Exhibit D
(
CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533
The Commission and Council rely upon comments from the public service providers (i.e., police,
fire, ACHD, etc.) to determine this finding. (See finding "Item 7 above" under Annexation and
Zoning Analysis above, and the Agency Comments and Conditions at the end of this repOlt for
more detail.)
E. The other health, safety or environmental problems that may be brought to the
Commission's attention.
The existing access for the parcel of record will be required to be vacated and the appropriate
access designed to Meridian Road, but shall be maintained as a multiuse pathway for future
extension along the South Slough. The developer shall provide appropriate temporary turn
around or until the adjacent parcel to the north develops. No lots shall directly take frontage or
access from Meridian Road.
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 Council or Commission's attention.
ACHD considers road safety issues in their analysis. Commission and Council reference any
public testimony that may be presented to determine whether or not the proposed subdivision may
cause health, safety or environmental problems of which Council is unaware.
Breinholt Subdivision
Exhibit D
Me
To: Tammy de Weerd, Mayor
From: Lenard Grady
cc:
Date: 11/8/2005
Re: Signature on Contract Documents
I am enclosing documents for signature as summarized below:
Eaale Road Waterline Abadonment with Civil Survey approved by council on
9/28/2005 (1 copy).
Reuse Study with Civil Survey approved by council on 6/7/2005 (1 copy).
Bittercreek MOU approved by council on 10/4/2005 (1 copy)
Please return the originals to me.
Thank you,
Len
From the desk of...
Lenard Grady
Staff Engineer
Meridian Public Works
Department
660 E. Watertower, Suite 200
Meridian, Idaho 83642
(208) 898-5500
Fax: (208) 887-1297
eradvl@.lmeridiancitv.org
I!J Page 1
MEMORANDUM OF UNDERSTANDING
BETWEEN
JLJ ENTERPRISES, INC.
AND
BITTERCREEK MEADOWS SUBDIVISION HOA
AND
THE CITY OF MERIDIAN
THIS MEMORANDUM OF UNDERSTANDING is made and entered into this 411'l
day of rj) ~+TJkJ.py, 2005, by and between Bittercreek Meadows Subdivision
Homeowners Association, Inc. (HOA), JLJ Enterprises, Inc. (JLJ), and The City of
Meridian, Idaho (City), to establish a mutual understanding of the terms, conditions,
duties and responsibilities pertaining to the hookup to City's sewer and water system
outside city limits at the Bittercreek Meadows Subdivision located as shown in Figure 1.
WHEREAS, JLJ Enterprises Inc. is the sole owner, in law and/or in equity of a certain
tract of land in the County of Ada, State of Idaho, generally depicted in Figure 1 and
commonly known as the Bittercreek Meadows Subdivision, hereinafter referred to as
the Property; and
WHEREAS, Idaho Code S50-323, 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
cod ified in Meridian City Code S 9-4-26 and 9-1-16; and
WHEREAS, the JLJ Enterprises Inc. is the owner of the Property, which is presently
located outside of the city limits of the City; and
WHEREAS, the JLJ Enterprises Inc. is desirous of obtaining connection to City's
SewerlWater to serve the Property and the City is willing to provide that connection to
the SewerlWater service to JLJ Enterprises Inc. subject to the terms and conditions and
consideration of this and future agreements, and it is specifically agreed that as a
specific consideration of the City's willingness to enter into this agreement that the
Bittercreek - 1 of 7
City's Ordinance and Policy/Regulations which govern its Sewer/Water system be
included as terms and conditions of this agreement and that the JLJ Enterprises Inc.
provide perpetual consent to annexation of the Property in to the City.
NOW, THEREFORE, the parties hereby agree as follows:
Water
JLJ will drill a production well, construct a pump house, and provide backup power for
pumping facilities. The facilities will meet CITY standards and will be approved by CITY
prior to construction.
JLJ will construct a water distribution system which will meet CITY standards and will be
approved by CITY prior to construction.
JLJ will provide SCADA (communications and control) for monitor and control of the
water system. The SCADA system will be consistent will the existing CITY SCADA
system.
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
JLJ will construct, in a location to be approved by City, a Lift Station and pressure
sewer line which will connect into CITY sewer collection system. This system will be
owned by the HOA and operated and maintained by Challenger Electric (or equivalent).
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
Bittercreek - 2 of 7
capability and 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.
JLJ will provide bonding and/or other guaranties as required by CITY for future
abandonment of the lift station and pressure sewer upon annexation.
The HOA will pay for maintenance of the lift station and pressure sewer. City shall
review and approve the CC&Rs of the HOA to assure that it contains adequate
provisions to fund lift station and pressure sewer maintenance requirements.
Sewer Lines
JLJ 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. JLJ will pay for all overtime which may be required for this service.
Non-Build and Non-Occupancy Agreements
JLJ shall execute non-build and non-occupancy agreements for each of the planned
lots on the property agreeing not to build structures or allow occupancy until such time
as City's water and sewer requirements for the subdivision have been met.
Bittercreek - 3 of 7
Annexation
At such time as the property becomes legally eligible for annexation into the City, JLJ
Enterprises Inc. 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.
Termination
This agreement may be terminated at any time by mutual agreement of the parties.
Reimbursement
JLJ will be reimbursed by CITY for water pumping facilities (pump and pumphouse).
JLJ will provide adequate documentation to CITY regarding its actual cost to purchase
and construct the pumping facilities within 60 days after construction. CITY will
reimburse JLJ for these costs adjusted for inflation, within 60 days after annexation. In
the event that a jurisdiction other than City annexes the Property, City's reimbursement
obligation shall be null and void.
Agreement to Negotiate to Final Agreement
The parties contemplate that further negotiations will take place regarding the subject
matter of this agreement and that the parties will execute a more detailed Final
Agreement containing additional detailed terms and conditions to carry out the intent of
this Memorandum of Understanding.
Bittercreek - 4 of 7
IN WITNESS WHEREOF, the parties do execute this Memorandum of Understanding
the day and year first above written.
::J:::i~-
BITTERCREEK MEADOWS SUBDIVISION
::~~~ON'=-
CITY OF MERIDIAN, IDAHO
By:
/o/v/o~ .
Attest
{;,c A~ ,....... {
Bittercreek - 5 of 7
STATE OF IDAHO, )
: 55.
County of Ada, )
On this t.;{f day of ()cl-ohe/ ,2005, before me, the undersIgned, a Notary Public
in and for the State of Idaho, personally appeared Jim Jewett, known or identified to me to be the
President of JLJ Enterprises, 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 abov€WJf!iUSlil""
.......... f1>. A Ll./j' '.......,.
~..:.. ~~..ooc!f.o.o..,1: ....\
SEAL f'l .l ~R y.... -;.
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STATE OF IDAHO, )
: 55.
Nola~ ~ Id~k--
Residing at: "b(~ ("Uf' .~
My commission Expires: ,}. r ~ Olt)
County of Ada, )
On this ~day of {)(.f-6lo.(2;y"' ,2005, before me, the undersigned, a Notary Public
in and for the State of Idaho, personally appeared Jim Jewett, known or identified to me to be a Director of
the Bittercreek Meadows SubdIvision 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 ........ f".. A Lts4r ""go!!
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STATE 0 F ~~~HO~..... )
: 55.
County of Ada,) .
On this g~ay of 11 @YfJft-iJ1bU ,2005, before me, the undersigned, a Notary Public
in and for the State of Idaho, personaJJy 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. .!.~Q$i...
_.~~OT.4~ -..
SEAL : / ~A 00
: { t ta~ Public for Id~~oh
II " I Ifesid 109 at: flY'Ll {; tt Jd
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Bittercreek - 6 of 7 ...Slwr:;.-
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ADA COUNTY RECORDER J. DAVID NAVARRO
BOISE IDAHO 10120105 08:54 AM
DEPUTY BonnIe Oberbillig
RECORDED-REQUEST OF
Meridian Cily
AMOUNT .00
III I 1IIIIIIIIIIIIIIIIn 11111111 11I111
105157245
SANITARY SEWER AND WATER MAIN EASEMENT
THIS INDENTURE, made this ~ day of (')0-\:-Dl") j J~ , 2005, between
Packard Estates Development, LLC, the parties of the first part, and hereinafter called the Grantors,
and the City of Meridian, Ada County, Idaho, the party of the second part, and hereinafter called the
Grantee;
WITNESSETH:
WHEREAS, the Grantors desire to provide a sanitary sewer and water main right-of-way
across the premises and property hereinafter particularly bounded and described; and
WHEREAS, the sanitary sewer and water is to be provided for through underground
pipelines to be constructed by others; and
WHEREAS, it will be necessary to maintain and service said pipelines from time to time by
the Grantee;
NOW, THEREFORE, in consideration of the benefits to be received by the Grantors, and
other good and valuable consideration, the Grantors do hereby give, grant and convey unto
the Grantee the right-of-way for an easement for the operation and maintenance of sanitary
sewer and water mains over and across the following described property:
(SEE ATTACHED EXHIBITS A and B)
The easement hereby granted is for the purpose of construction and operation of sanitary
sewer and water mains and their allied facilities, together with their maintenance, repair and
replacement at the convenience of the Grantee, with the free right of access to such facilities
at any and all times.
TO HA VB AND TO HOLD the said easement and right-of-way unto the said Grantee, its
successors and assigns forever.
IT IS EXPRESSLY UNDERSTOOD AND AGREED by and between the parties hereto that,
after making repairs or performing other maintenance, Grantee shall restore the area of the
easement and adjacent property to that existent prior to undertaking such repairs and
maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring
anything placed within the area described in this easement that was placed there in violation
of this easement.
C:\Documents and Settings\2004\Ol\40IOI\EASMT.SWRWTR MAIN.doc
page~otl
THE GRANTORS hereby covenant and agree that they will not place or allow to be placed
any permanent stlUctures, trees, blUsh, or perennial shlUbs or flowers within the area
described for this easement which would interfere with the use of said easement, for the
purposes stated herein.
THE GRANTORS hereby covenant and agree with the Grantee that, should any part of the
right-of-way and easement hereby granted become part of, or lie within, the boundaries of
any public street, then, to such extent such right-of-way and easement hereby granted which
lies within such boundary thereof or which is a part thereof shall cease and become null and
void and of no further effect and shall be completely relinquished.
THE GRANTORS do hereby covenant with the Grantee that they are lawfully seized and
possessed of the aforementioned and described tract ofland, and that they have a good and
lawful right to convey said easement, and that they will warrant and forever defend the title
and quiet possession thereof against the lawful claims of all persons whomsoever.
IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their
signatures the day and year first herein above written.
GRANTOR: PACICARDESTATESDEVELOPMENT,LLC
-~~~
WIrt Ednionds
Managing Member
STATE OF IDAHO )
) ss
County of Ada ~
On this ~ day of 1Y 005, before me, the undersigned, a Notary Public in
and for said State, personally app' at d Wirt Edmonds, lrnown, or identified to me to be
Managing Member of the corpora 0 that executed the within instrument, and aclrnowledged
to me that such corporation executed the same.
(SEAL)
C:\Documents and Settings\2004\O 1\401 OI\EASMT.SWRWTR MAIN.doc
pag~d
GRANTEE: CITY OF MERIDIAN
STATEOFIDAHO )
: ss.
County of Ada
On this~dayof 6c....-kber ,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)
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(ET Y PUBLIC FOR IDAHO
Res. ing at: /Vle"JI,.tv{ , -c{~
mmission Expires: {)Ii /:;l.O/07
,. .
C:\Documenrs and Settings\2004\0 1 \4010 I \EASMT.SWR WTR MAIN.doc
page~LL.
IDAHO
SU RVEY
GROUP
1450 East Watertower St.
Suite r 50
Meridian, Idaho 83642
Phone (208) 846-8570
Fax (208) 884-5399
Project No. 01-108
December 17, 2004
DESCRIPTION FOR
MERIDIAN SANITARY SEWER AND WATER EASEMENTS
PROPOSED REDFEATHER ESTATES SUBDIVISION NO.2
Easements for Meridian City Sanitary Sewer and domestic water lines, located in
the North % of Section 4, T.3N., R.1 E., 8.M., Meridian, Ada County, Idaho, more
particularly described as follows.
EASEMENT A
A strip of land of varying width being left of and adjacent to the following described line:
Commencing at the North % corner of said Section 4;
thence along the North boundary line of the NE % of said Section 4, South
89044'17" East, 965.94 feet;
thence South 00035'08" West, 1747.77 feet to the REAL POINT OF BEGINNING
of this easement line description;
thence 50.00 feet left of and adjacent to the following described line:
thence North 89026'52" West, 35.00 feet to a point of curvature;
thence 100.22 feet along the arc of a curve to the left, said curve having a radius
of 125.00 feet, a delta angle of 45056'17" and a long chord bearing South 6r34'59"
West, 97.56 feet to a point of tangency;
thence South 44036'50" West, 88.45 feet to a point of curvature;
thence 139.22 feet along the arc of a curve to the right, said curve having a
radius of 175.00 feet, a delta angle of 45034'53" and a long chord bearing South
6r24'17" West, 135.58 feet to a point of tangency;
thence North 89048'16" West, 521.55 feet to a point of curvature;
thence 115.58 feet along the arc of a curve to the left, said curve having a radius
of 225.00 feet, a delta angle of 29025'56" and a long chord bearing South 75028'46"
West, 114.31 feet to a point of tangency;
S :\ISG Projects\Redfeather Estates Ph2 (04.] 08)\Docllments\40 10] -SSEASE.doc
::~~f3 4 ~~ f) ~J
thence South 6l.J
{(
West, 219.63 feet to a point 01 curvature;
thence 143.42 feet along the arc of a curve to the right, said curve having a
radius of 275.00 feet, a delta angle of 29052'49" and a long chord bearing South
75042'13" West, 141.80 feet to a point of tangency;
thence North 89021'23" West, 126.33 feet;
thence South 00038'37" West, 376.00 feet;
thence North 89021 '23" West, 326.23 feet to a point of curvature;
thence 41.79 feet along the arc of a curve to the right, said curve having a radius
of 75.00 feet, a delta angle of 31055'33" and a long chord bearing North 73023'36" West,
41 .25 feet to a point of tangency;
thence North 5r25'50" West, 58.24 feet to a point of curvature;
thence 92.83 feet along the arc of a curve to the left, said curve having a radius
of 225.00 feet, a delta angle of 23038'24" and a long chord bearing North 69015'02"
West, 92.18 feet to a point of tangency;
thence North 81004' 14" West, 245.49 feet;
thence 32.00 feet left of and adjacent to the following described line:
thence South 11045'00" West, 154.58 feet;
thence North 70015'00" West, 133.03 feet to the terminus of this easement line
description. Containing 140,369 SF, more or less.
EASEMENT B
A strip of land 20.00 feet in width being left of and adjacent to the following described
line:
Commencing at the North ~ corner of said Section 4;
thence along the North line of the NE ~ of said Section 4 South 89044'17" East,
696.62 feet;
thence South 00035'08" West, 1379.90 feet to the REAL POINT OF BEGINNING
of this easement line description;
thence 20.00 feet left of and adjacent to the following described line:
thence South 52046'21" West, 88.99 feet;
thence South 88033'53" West, 134.79 feet;
S :\ISG Proj ects\Red feather Estates Ph2 (04-1 08)\Documents\40 10 1-SS EASE. doc
Page 2 of 3
c:.., _fl 11
(
thence North 89 LL'12" West, 346.71 feet to the
description. Containing 11,546 SF, more or less.
of this easement line
EASEMENT C
A strip of land 20.00 feet in width being left of and adjacent to the following described
line:
Commencing at the North % corner of said Section 4;
thence along the North line of the NE % of said Section 4 South 89044'17" East,
411.36 feet;
thence South 00035'08" West 993.13 feet to the REAL POINT OF BEGINNIN of
this easement line description;
thence 20.00 feet left of and adjacent to the following described line:
thence South 63018'44" West, 62.18 feet;
thence South 79033'49" West, 211.35 feet;
thence South 19030'34" West, 72.49 feet;
thence South 00037'48" West, 413.96 feet
thence South 15031'10" East, 99.27 feet;
thence South 39028'10" West, 195.51 feet
thence South 00037'48" West, 137.44 feet to the terminus of this easement line
description. Containing 23,508 SF, more or Jess.
S:\ISG Projects\Redfeather Estates Ph2 (04-1 08)\Documents\40] 0 ]-SSEASE.doc
Page 3 of 3
't\~_,.. l () f!'\tp f) ~
E. USTfCl< ROAD 33 1/4 S 89'44'17"E
-.-.-.-- - - --'-4~--41UI6l -6'",,!--'~'-
I I 1 I I
, '~i ,I ~
i i$;:,! l " 1
' ,~~I r::j
BJNNING POlNT~'~: ~i o\'~i~\J>-\t.S:
s 63!1~;;.~E~;.1~' ?~\0~~' ~o.?- I
s 79'33'49;W 211.35~~ ~~~tE;~ ~\S\<P~ I
S 'nO'34'W12.4"-rr---- S\lpD 9 '
I 10=11 BEGINNING POINT \ 1 bl I
~~i~:~~ J.~~.~~ ' ~II
~ bll 346.71' -b..
1 011 N 89'22'12"W ~
JI (/)f rc~NDING=~OI~~~'3~3"w
II EASEMENT B ,
S lS'31'1O"E 99.27~\ 134.79
S 39'28'10''W 19551' /)
s 00'37' 4S"W 1~7.44" ?Y N 89'26'S2''W JS.O~\
ENDING POINT (r S 44'36'SO"W 88.4S':>/ /
S 60' 45' 48,,~il~~:J~ C 19--tLl~Jt'lliJ.[~j2.1.5~:"'_..-~../~.
rif - - - - ~ - - -N -mj~c<~;;>>---------------
: ; ~ ~ 0 el r----..- CURVE DATA I
I ~ ~ lG ~ ~I I CURVE RADIUS DELTA ARC TANGENT CHORD CHORD BRG 1
~ ;:: 245.49' i-- ~ bl I Cl 125.00 45'56'17" 100.22 52.98 97.56 S 6734'59" W I
R ~ f!.~!.04'14}yjc. ~ a, 1 C2 175.00 45'34'53" 139.22 73.53 135.58 S 6724'17" W
I 2: V,--:--....."ZJ 326p' (/)1 I C3 225.00 29'25'56" 115.58 59.10 114.31 S 75'28'46" W I
ts:~ I --J--...... ~:L1L~]UJJ'L.I 1 C4 275.00 29'52'49" 143.42 73.38 141.80 S 75'42'13" W J
::::::jJ2' 0 ........--------__...1 C5 75.00 31"55'33" 41.79 21.45 41.25 N 73'23'36" ~ I
ENDING POI~ C6 225.00 23"38'24" 92.83 47.09 92.18 N 69'15'02" ~
EAsEMENT A - - - - - - - - - - - -- - - - - __ _ _ _ _ ___
~
I
I
BEGINNING PbJNT
EASEMENT A t
J
SCALE 1"=400'
DWG.DATE 12/13/04 bkb
PROJ. NO. 401 01
SHEET
OFFSITE MERIDIAN CllY SANITARY
SEWER & WATER EASEMENTS
REDFEATHER ESTATES SUBDIVISION NO.2
ENGINEERING
SOLUTIONSLLP
1 OF 1
/40101 SSEASE.DWG
LOCATED IN THE NORTH 1/2 OF SECTION 4
T.3N., R.1 E., 8.M., MERIDIAN, ADA COUNTY, IDAHO
150 E. AIKENS STREIT, SUITE B
EAGLE, IDAHO 83616
Phone (20B) 938-0980 Fax (208) 938-0941
'!:'f1I"i'B tl rl'\fJ f) ~,
CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF LAW AND
DECISION & ORDER
In the Matter of Annexation and Zoning of 15.32 Acres from RUT/R1 (Ada County) to R-8
(Medium Density Residential) AND Preliminary Plat Approval of Fifty-three (53) single
family residential lots and Eleven (11) Common/Other Lots AND Conditional Use Permit
Approval for a Planned Development Consisting of reduced frontage and reduced setbacks,
for Hollybrook Subdivision, by Hollybrook, LLC.
Case No(s). AZ-05-026, CUP-05-033, and PP-05-025
For the City Council Hearing Date of: October 4, 2005
A. Findings of Fact
1. Hearing Facts
a. A notice of a public hearing was published for two (2) consecutive weeks prior to
the City Council public hearing, the first publication appearing and written notice
mailed to property owners or purchasers of record within three hundred feet (300')
of the external boundaries of the property. The notice of public hearing before the
City Council was posted upon the property under consideration more than one week
before said hearing. All other noticing was done consistent with Idaho Code ~67-
6509.
The matter was duly considered by the City Council at the October 4, 2005, public
hearing(s). The applicant, affected property owners, and government subdivisions
providing services within the planning jurisdiction ofthe City of Meridian were
given full opportunity to express comments and submit evidence.
b. Written and oral testimony was received on this matter, as reflected in the records
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 ~67-6509; 6512, and Meridian City Code ~9 11-15-5 and 11-17-5 as
evidenced by the Affidavit of Mailing, and the Affidavit of Publication and Proof of
Posting filed with the staff report.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ-05-026/ PP-OS-025 I CUP-OS-033- PAGE I of 4
3. Application and Property Facts
a. In addition to the application and property facts noted in the staff repOli and the
Planning & Zoning Recommendation for the subject application(s), it is hereby
verified that the propeliy owner(s) of record at the time of issuance of these
findings is Hollybrook, LLC.
4. Required Findings per Zoning and Subdivision Ordinance
a. See attached staff report for findings related to all applications.
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. g67-
6503).
2. The Meridian City Council takes judicial notice of its Zoning, Subdivision and
Development Ordinances codified at Titles 11 and 12, Meridian City Code, and all
current zoning maps thereof. The City of Meridian has, by ordinance, established the
Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was
adopted August 6, 2002, Resolution No. 02-382 and Maps.
3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code
g 11-17-9.
4. Due consideration has been given to the comment(s) received from the governmental
subdivisions providing services in the City of Meridian planning jurisdiction.
5. It is found public facilities and services required by the proposed development will not
impose expense upon the public if the attached conditions of approval are imposed.
6. That the City has granted an order of approval in accordance with this Decision, which
shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon
the applicant, the Planning and Zoning Department, the Public Works Department and
any affected pmiy requesting notice.
7. That this approval is subject to the Legal Descriptions, the Preliminary Plat dated
September 21,2005, the Site Plan dated July 14, 2005, the Annexation and Zoning
Comments, the Preliminary Plat Site Specific and Standard Conditions of approval, and
the CUP/PD Site Specific and Standard Conditions all contained 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 application.
C. Decision and Order
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ.05-026! PP-05-025 I CUP-05-033- PAGE 2 of4
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 September 21, 2005 is hereby conditionally approved;
2. The applicant's Site Plan as evidenced by having submitted the Site Plan dated July
14,2005 is hereby conditionally approved; and,
3. The Site Specific and Standard Conditions contained in the attached staffrepOli
D. Notice of Applicable Time Limits
1. Notice of Eighteen (18) Month Conditional Use Permit Duration
Please take notice that the conditional use permit shall be valid for a maximum period
of eighteen (18) months unless otherwise approved by the council. During this time,
the pennit 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. Ifthe 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 ofthe 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 fi:om 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 I I -17-4.B.)
2. Notice of Twelve (12) Month Preliminary Plat Duration
Please take notice that after the date of approval of the preliminary plat, the owner or
developer shall have one year within which to file the request for approval ofthe final
plat. After approval of final plat, the owner or developer shall have one year to begin
construction of the public utilities and one year thereafter to complete construction of
those public facilities. (MCC 12-2-4.B & C.)
E. Notice afFinal 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
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ-05-026 I PP-05-025 I CUP-05-033- PAGE 3 of 4
conceming the matter at issue. A request for a regulatory takings analysis will tal] the
time period within which a Petition for Judicial Review may be filed.
2. Please take notice that this is a final action ofthe governing body of the City of
Meridian, pursuant to Idaho Code ~ 67-6521 an affected person being a person who has
an interest in real property which may be adversely affected by the issuance or denial of
the conditional use permit approval may within twenty-eight (28) days after the date of
this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho
Code.
F. Exhibits: See attached Staff Report
By action of the City Council at its regular meeting held on the
OrMYwv ,2005.
4~
day of
COUNCIL MEMBER SHAUN WARDLE
VOTED~
VOTED~tfvt
VOTED --W-&--
VOTED~
VOTED --==----
COUNCIL MEMBER CHRISTINE DONNELL
COUNCIL MEMBER CHARLIE ROUNTREE
COUNCIL MEMBER KEITH BIRD
MAYOR TAMMY de WEERD
(TIE BREAKER)
Attest:.
and City Attomey.
By: ShflJ/ 1}7 ,frvu;JIAJ
City Clerk's Office
Dated: /0 ~ 07- oes-
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ-05-026 / PP-05.025 / CUP-05-033- PAGE 4 of 4
A. Drawings
1. Preliminal'Y Plat (dated: July 14, 2005)
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Hollybrook Subdivision
Drawings
EXHIBIT A
CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533
1.1 Revised Preliminary Plat (dated Se~tember 21, 2005)
\'i:~:;;;.4Y I ,,,, -0 I UO!51^!pqns OOJq^II0H I ~ i I! --,,~."'" ''''"'''"'
Hollybrook Subdivision
Drawings
EXHIBIT A
CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533
2. CUP Site Plan (dated: July 14,2005)
HolIybrook Subdivision
Drawings
EXHIBlT A
3. Landscape: Plan (dated April 15, 2005)
CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533
:,.1
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HoJlybrook Subdivision
Meridian, Idaho
Hollybrook SubdIvIsIOn
Drawings
EXHIBIT A
B. Conditions of Approval
Planning Department
1.1 SITE SPECIFIC REQUIREMENTS-PRELIMINARY PLAT
1.1.1 The preliminary plat labeled as PP-1 prepared by Erickson Civil Incorporated, dated September
21, 2005, is approved, with the conditions listed herein. All comments/conditions of the
accompanying Annexation/Zoning (AZ-05-026) and Conditional Use Permit (CUP-05-033) and
Development Agreement shall also be considered conditions of the Preliminary Plat (PP-05-025).
] .] .2 Place a note on the face of the final plat stating that all future front garage setbacks shall be 20-
feet as measured from the property line or the back of sidewalk, whichever is more restrictive.
1.1.3 Prior to the City Engineer's signature of a final plat containing all structures not contained on a
designated lot shall be removed.
1.1.4 The submitted landscape plan prepared by Erickson Civil Incorporated., dated Apri] 15,2005 is
not approved as submitted. The following should be included in a revised landscape plan prior to
final plat:
1.1.5 Depict and construct a 10-foot wide gravel shoulder on Ustick Road abutting the site, with the
remaining portion of the right-of-way being landscaped with lawn or other vegetative
groundcover.
1.1.6 All micropaths within the proposed subdivision (Lot 17 Block 11) shall be designed in
accordance with MCC 12-13-15 "Micropath Landscaping" and MCC 12-4-3 IlPedestrian
Walkways." Micropath fencing shall be constructed per MCC 12-13-15-9.
1.1.7 All common lots being used for traffic calming purposes shall be landscaped in accordance to
MCC 12-13
1.1.8 All amended lot locations of the approved Preliminary Plat dated September 21, 2005 shall be
landscaped as per MCCI2-13. A landscape plan shall be submitted prior to final plat showing the
landscaping in relation to these changes.
1.1.9 Other than the changes listed above, the approved landscape plan is not to be altered without prior
written approval of the Planning & Zoning Department.
1.1.10 All areas approved as open space shall be free of wet ponds or other such nuisances. All storm
water 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 storm water detention facility cannot be incorporated into the approved open space
and still meet the standards of MCC 12-13-14, then the applicant shall relocate the facility. This
may require losing a developable lot or developable area. It is the responsibility of the
developer to comply with ACHD, City of Meridian and all other regulatory requirements at the
time of final construction.
1.1.] 1 All road drainage shall be contained on site in the drainage lots or in roadside swales as depicted.
1.1.12 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
Hollybrook Subdivision
Conditions of Approval
EXHIBITB
CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533
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.
1.1.13 A detailed fencing plan shall be submitted upon application of the final plat. If pern1anent fencing
is not provided, temporary construction fencing to contain debris must be installed around the
perimeter prior to issuance of building permits. All fences shall taper down to 3-feet maximum
within 20 feet of all right-of-way. All fencing shall be installed in accordance with MCC 12-4-10.
1.1.14 Maintenance of all common areas shall be the responsibility of the Hollybrook Homeowners'
Association.
1.1.15 Other than the public street access approved by ACHD, direct lot access to Ustick Road and Curt
Drive are prohibited. A note shall be placed on the final plat restricting access to Us tick Road and
Curt Drive.
1.1.16 The applicant shall contact the street naming committee to detennine the names for the urmamed
cul-de-sacs and the connection of Curt Drive and North Arrowwood Way contained in the revised
preliminary plat dated July 14, 2005.
1.1.17 The applicant shall revise the drawing dated September 21, 2005 to reflect twelve (12) lots along
Block 4.
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 M CC 12-13 -10-8.
1.2.2 A detailed landscape plan, in compliance with the landscape and subdivision ordinance and as
noted in this report, shall be submitted for the subdivision with the final plat application.
1.2.3 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.
1.2.4 Staffs failure to cite specific ordinance provisions or tenns of the approved
mmexation/conditional use does not relieve the applicant of responsibility for compliance.
1.2.5 Preliminary plat approval shall be subject to the expiration provisions set forth in MCC 12-2-4.
1.3 SITE SPECIFIC CONDITIONS-CONDITIONAL USE PERMIT
1.3.1 The Plarmed Development site plan labeled as PD-l, prepared by Erickson Civil Incorporated,
dated July 14, 2005, is approved, with the conditions listed herein. All comments/conditions of
the accompanying Annexation/Zoning (AZ-05-026) and Conditional Use Permit (CUP-05-033)
and Development Agreement shall also be considered conditions of the Preliminary Plat (PP-05-
025)
1.3.2 The project shall conform to the R-8 dimensional standards, except as follows for Lots 2-17 of
Block 4:
1.3.3 Minimum frontage: 55-feet
1.3.4 Minimum lot dimensions: 4,428 sq ft.
1.3.5 The front setbacks for living spaces shall be fifteen feet for all lots contained in Hollybrook
Subdivision with a minimum of twenty feet to garages from the back of sidewalk.
Hollybrook Subdivision
Conditions of Approval
EXHIBIT B
CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533
1.3.6 Construction within Hollybrook Subdivision shall substantially comply with the elevations
submitted by the applicant. Construction materials used on the structures shall be approved by the
City of Meridian Building Department and in accordance with the most recent Uniform Building
Code.
1.3.7 All construction within Hollybrook Subdivision shall be single family detached homes and built
within the limitations outlined within tlus report.
1.3.8 All amenities proposed for Hollybrook Subdivision shall substantially comply with the designs
proposed on the site plan labeled PD-l, dated July 14, 2005.
1.3.9 All traffic control structures shall be designed and landscaped in accordance with Meridian City
Code. These structures shall be maintained by the Hollybrook Homeowners Association. There
shall be no on street parking within fifty feet of any traffic control structure, the applicant shall
appropriately mark and sign these areas.
1.3.10 A gazebo shall be added to one of the landscaping lots located along Block 4 of the plat
dated September 21, 2005.
PUBLIC WORKS DEPARTMENT
2.1 Sanitary sewer service to this site is master plmmed to drain to the White Trunk, and is being
proposed via an extension of mains located in Sundance Subdivision. The applicant will be
responsible to construct sewer mains to and through this proposed development. Subdivision
designer to coordinate main sizing and routing with the Public Works Department. Applicant shall
execute City of Meridian standard forms of easements, for any mains that are required to provide
service. Cover over sanitary sewer mains shall be no less than 3-feet from finish grade to the top of
the pipe. If cover is less than 3-feet from the sub-grade to the top of pipe, alternate pipe materials
shall be used per the Meridian Public Works Department's Standard Specifications.
2.2 Water service to tlus site is being proposed via an extension of water mains located in Sundance
and Quenzer Subdivisions and Ustick Road. This proposed development is situated directly north
of Us tick Road. Ustick Road is a boundary line between two zones of differing pressures. The
applicant shall be responsible to install a PRY vault, location to be coordinated with City of
Meridian Public Works. The applicant shall construct water mains to and through this proposed
development. Applicant shall execute City of Meridian standard forms of easements, for any mains
that are required to provide service. Coordinate main size and routing with Public Works.
2.3 The applicant has not indicated who will own and operate the pressurized irrigation system within
this development. Underground year-round pressurized irrigation must be provided to a1110ts
within this development. The City of Meridian requires that pressurized irrigation systems be
supplied by a year-round source of water. If the pressurized irrigation system within this
development is to remain a private homeowners' association system, complete plans and
specifications shall be reviewed by the Public Works Department as part of the development plan
review process. A draft copy of the pressurized irrigation system O&M manual shall be submitted
prior to plan approval. The applicant shall be required to utilize any existing surface or well water
for the primary source. If a surface or well source is not available, a single-point connection to the
culinary water system shall be required. If a single-point connection is utilized, the developer shall
be responsible for the payment of assessments for the common areas prior to signature on the final
plat by the City Engineer.
HolJybrook Subdivision
Conditions of Approval
EXHIBIT B
CITY OF MERID.IAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533
2.4 All existing domestic wells and/or septic systems appurtenant to the existing structures within this
project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells
may be used for non-domestic purposes such as landscape irrigation.
2.5 The applicant shall be responsible for the payment of sewer and water assessments, as well as the
actual physical connection to the municipal services for the existing home on Lot 5, Block 1.
2.6 All grading of the site shall be performed in conformance with MCC 11-12-3H.
2.7 A letter of credit or cash surety in the amount of 110% will be required for all fencing, landscaping,
pressurized irrigation, sanitary sewer, water, etc., prior to signature on the final plat.
2.8 Street signs are to be in place, water system shall be approved and activated, fencing installed,
drainage lots constructed, road base approved by the Ada County Highway District and the Final
Plat for tins subdivision shall be recorded, prior to applying for building permits.
2.9 AU 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.
2.10 Coordinate fire hydrant placement with the City of Meridian Public Works Department.
2.11 Two-hundred-fifty and one-hundred-watt, high-pressure sodium streetlights will be required at
locations designated by the Public Works Department. All streetlights shall be installed at
subdivider's expense. Typical locations are at street intersections and/or fire hydrants. Pinal design
locations and quantity are determined after power designs are completed by Idaho Power
Company. The street light contractor shall obtain design and permit from the Public Works
Department prior commencing installations.
2.12 Submit any up-dated groundwater/soils monitoring data, as collected and analyzed by a soils
scientist, to the Public Works Department for review.
2.13 The applicant shall coordinate mailbox locations with the Meridian Post Office.
2.14 Compaction test results must be submitted to the Meridian Building Department for all building
pads receiving engineered backfill, where footing would sit atop fill material.
2.15 Applicant's engineer will be required to submit a signed, stamped statement certifying that all
street finish centerline elevations are set a minimum of three feet above the highest established
normal groundwater elevation. This is to ensure that the bottom elevation of crawl spaces is one-
foot above this elevation. .
2.16 The applicant shall be required to pay Public Works development plan review, and construction
inspection fees, as determined during the plan review process, prior to signature on the final plat
per Resolution 02-374.
2.17 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.
2.18 Applicant shall be responsible for application and compliance with and NPDES Permitting that
may be required by the Environmental Protection Agency.
HoIlybrook Subdivision
Conditions of Approval
EXHIBIT B
(
CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533
2.19 Applicant shall be responsible for application and compliance with any Section 404 Pennitting that
ma y be required by the Army Corps of Engineers.
2.20 All grading of the site shall be performed in confon11ance with MCC 11-12-3H.
2.21 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.
MERIDIAN FIRE DEPARTMENT
3.1 One and two family dwellings will require a fire-flow of 1,000 gallons per minute available for
duration of 2 hours to service the entire project. Fire hydrants shall be placed an average of 500'
apmt. International Fire Code Appendix C
3.2 Acceptance of the water supply for fire protection will be by the Meridian Fire Department and
water quality by the Meridian Water Department for bacteria testing.
3.3 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department.
3.3.1 Fire Hydrants shall have the 4 W' outlet face the main street or parking lot aisle.
3.3.2 The Fire hydrant shall not face a street which does not have addresses on it.
3.3.3 Fire hydrant markers shall be provided per Public Works spec.
3.3.4 Locations with fire hydrants shall have the curb painted red 10' to each side of the hydrant
Location.
3.3.5 Fire Hydrants shall be placed on corners when spacing permits.
3.3.6 Fire hydrants shall not have any vertical obstructions to outlets within 10'.
3.3.7 Fire hydrants shall be place 18" above finish grade.
3.3.8 Fire hydrants shall be provided to meet the requirements of the IFC Section 509.5.
3.4 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.
3.5 All entrance and internal roads shall have a turning radius 0[28' inside and 48' outside radius.
3.6 All common driveways shall be straight or have a turning radius 0[28' inside and 48' outside and
shall have a clear driving surface which is 20' wide.
3.7 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.
3.8 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.
3.9 The proposed 55-lot subdivision with an estimated 2.9 residents per household would have a total
estimated population of 165 residents at build out.
3.10 Where a pOltion of the facility or building hereafter constructed or moved into or within the
jurisdiction is more than 400 feet (122 m) from a hydrant on a fire apparatus access road, as
Hollybrook Subdivision
Conditions of Approval
EXHIBIT B
(
CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533
measured by an approved route around the exterior of the facility or building, on-site fire hydrants
and mains shall be provided where required by the code official. For buildings equipped
throughout with an approved automatic sprinkler system installed in accordance with Section
903.3.1.1 or 903.3.].2 the distance requirement shall be 600 feet (183).
3.10.] For Group R-3 and Group U occupancies, the distance requirement shall be 600 feet (183 m).
3.1 0.2 For buildings equipped throughout with an approved automatic sprinkler system installed in
accordance with Section 903.3.1.1 or 903.3.1.2, the distance requirement shall be 600 feet (183
m).
3.11 Emergency response routes and fire lanes shall not be allowed to have speed bumps.
PARKS DEPARTMENT
4.1 Standard for Mitigation of trees: The standard established in the City of Meridian Landscape
Ordinance (MCC 12-13-13-6) will be followed.
4.2 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.
4.3 The open ditch along Ustick Road shall be tiled and maintained in accordance with the City of
Meridian Landscape Ordinance.
ADA COUNTY HIGHWAY DISTRICT
5.] ACHD Site Specific Conditions of Approval
5.1.1 Dedicate 40-feet of right-of-way from the centerline of Ustick Road abutting the parcel by means
of recordation of the final plat. The right-of-way purchase and sale agreement must be completed
and signed by the applicant prior to scheduling the final plat for signature by the ACHD
Commission or prior to issuance of a building pelmit (or other required permits), whichever
Occurs first. Allow up to 30 business days to process the right-of-way dedication after receipt of
all requested material. The owner will be paid the fair market value of the right-of-way dedicated
which is an addition to existing ACHD right-of-way if the owner submits a letter of application to
the impact fee administrator prior to breaking ground, in accordance with the ACHD Ordinance
in effect at that time (currently Ordinance #200), if funds are available.
5.1.2 Construct a 5-foot concrete sidewalk on Ustick Road abutting the entire site. Construct the
sidewalk a minimum of 41-feet from the centerline of Us tick Road and provide the District with
an easement for the sidewalk.
5.1.3 Construct Curt Drive as one-half of a 36-foot street section with vertical curb, gutter and
sidewalk, as proposed.
5.1.4 Extend Washakie Street from the west property line approximately 395-feet south of the north
property line, as proposed.
5.1.5 Extend Washakie Street from the east property line approximately l30-feet north of the south
property line, as proposed.
5.1.6 Construct the internal streets as 33-foot street sections with rolled curb, gutter and 5-foot attached
concrete sidewalks on both sides of the roadway within 50-feet of right-of-way with the exception
of Washakie Street, as proposed. Submit a letter from the Meridian Fire Department that approves
the reduced street section.
HoIlybrook Subdivision
Conditions of Approval
EXHIBIT 8
r'
CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533
5.1.7 Construct Washakie Street as a 33-foot street section with rolled cmb, gutter and a 4 or 5-foot
detached concrete sidewalks on both sides of the roadway within 50-feet of right-of-way. Submit
a letter from the Meridian Fire Department that approves the reduced street section.
5.1.8 Construct West Arrowwood Way to intersect Ustick Road at the west property line to
DIRECTLY align with a roadway that is located on the south side of Us tick Road.
5.1.9 Construct one knuckle without a center island within the subdivision, as proposed.
5.1.10 Construct two cul-de-sac turnarounds without center islands within the subdivision, as proposed.
Construct the turnarounds to provide a minimum turning radius of 45-feet.
5.1.11 Modify the site plan to include traffic calming devices on Washakie Street and Anowwood Way
and submit the design to District staff for final approvaL
5.1.12 Other than the access point that has specifically been approved with this application, direct lot
access to Ustick Road is prohibited. A note stating the access restriction to Ustick Road will be
required on the final plat.
5.1.13 Comply with all Standard Conditions of Approval.
5.2 ACHD Standard Conditions of Approval
5.2.1 Any existing iITigation facilities shall be relocated outside of the right-of-way.
5.2.2 All utility relocation costs associated with improving street frontages abutting the site shall be
borne by the developer.
5.23 Replace any existing damaged curb, gutter and sidewalk and any that may be damaged dming the
construction of the proposed development. Contact Construction Services at 387-6280 (with file
number) for details.
5.2.4 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.
5.2.5 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 of Idaho shall prepare and certify all improvement plans.
5.2.6 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.
5.2.7 Construction, use and propelty development shall be in conformance with all applicable
requirements. of the Ada County Highway District prior to District approval for occupancy.
5.2.8 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.
5.2.9 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.
Hollybrook Subdivision
Conditions of Approval
EXHIBIT B
(
CITY OF MERIDIAN PLANNINLr AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533
5.2.10 No change in the tenns 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 wlitten confirmation of any change from the Ada County Highway District.
5.2.11 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 plmmed use of the subj ect property unless
a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect
at the time the change in use is sought.
Hollybrook Subdivision
Conditions of Approval
EXHIBIT B
C. Legal Description
Boundary Description
Hollybrook Ltc
A parcel located in the SW y. of Section 31, Township 4 North. Range 1 East, Boise
Meridian, Ada County, Idaho, more particularly described as follows:
Commencing at a brass cap monument marking the southwest corner of said SW X of
Section 31 (Section Comer), from which 5/8 inch diameter iron pin marking the
southeast comer of said SW y. of Section 31 (X Corner) bears N 89"58'55" E a
distance of 2406.48 feet;
Thence N 89058'55" E along the southerly boundary of said SW X a distance of
1630.09 feet to a 5/8 inch diameter iron pin and the POINT OF BEGINNING;
Thence leaving said southerly boundary N 0"24'59" E along the easterly boundaries of
Sundance Subdivision No.4, as shown in Book 89 of Plats on Pages 10.226 and
10.227, records of Ada County, Idaho, and Sundance Subdivision NO.2 as shown in
Book 86 of Plats on Pages 9,772 and 9.773, records of Ada County, Idaho, a distance
of 1919.30 feet to a 5/8 inch diameter iron pin marking the northeast comer of said
Sundance Subdivision No.2;
Thence along the southerly boundary of Sundance Place Subdivision No.3 as shown in
Book 91 of Plats on Pages 10,640 and 10,641, records of Ada County, Idaho, the
fallowing described courses;
Thence N 89059'47" E a distance of 320.60 feet to a SIB inch diameter iron pin;
Thence S 33"47'07" E a distance of 280.75 feet to a 5/8 inch diameter iron pin;
Thence S 80"10'04" E a distance of 298.83 feet to a 5/8 inch diameter iron pin on
the westerly boundary of Quenzer Commons Subdivision No. 4 as shown in
Book 88 of Plats on Pages 10, 105thru 10,107. records of Ada County, Idaho;
Thence S 0016'52" W along said westerly boundary a distance of 307.74 feet to a 5/8
inch diameter iron pin on the northerly boundary of Weaver Acres No.2 as shown in
Book 38 of Plats on Pages 3,203 and 3,204. records of Ada County, Idaho;
Thence S 89"49'28" W along said northerly boundary of Weaver Acres No.2 and the
northerly boundary of Weaver Acres No.1 as shown in Book 28 of Plats on Pages
1,745 and 1,746, records of Ada County, Idaho, a distance of 653.56 feet to a 5/8 inch
diameter iron pin marking the northwest Corner of said Weaver Acres No.1;
Thence S 0"19'41" W along the westerly boundary of said Weaver Acres No.1 a
distance of 708.20 feet to a 5/8 inch diameter Iron pin;
Hollybrook Subdivision
EXHIBIT C
( (
CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533
Thence leaving said westerly boundary S 0"13'57" W a distance of 144.20 feet to a
point;
Thence N 89"58'43" E a distance of 328.02 teet to a 5/8 inch diameter iron pin on the
westerly right-of-way ot Curt Drive;
Thence S 0.18'51" W along said westerly right-of-way a distance of 432.76 feet to a 5'8
inch diameter iron pin on the northerly right-ot-way of Ustick Road;
Thence S 89"58'55" W along said northerly right-of-way a distance of 328.04 feet to a
5/8 inch diameter iron pin;
Thence leaving said northerly right.ot-way S 0.18'59" W a distance ot 40.00 teet to a
SIB inch diameter iron pin on the southerly boundary of the SW Yo of said Section 31;
Thence S 89"58'55" W along said southerly boundary a distance of 122.79 feet to the
POINT OF BEGINNING.
This parcel contains 15.32 acres and is subject to any easements existing or in use.
Clinton W. Hansen, PlS
Land Solutions, PC
March 22, 2005
Hollybrook Subdivision
EXHIBIT C
CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533
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Hollybrook Subdivision
EXHIBIT C
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D. Requir-ed Findings from Zoning Ordinance
1. ANNEXATION FINDINGS:
According to Ordinance 11-15-11, General Standards Applicable to Zoning Amendments, both the
P&Z Commission and Council are required "to review the particular facts and circumstances of each
proposed zoning amendment in terms of the following standards and shall find adequate evidence
answering the following questions about the proposed zoning amendment."
Thefollowing 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 the Hollybrook Subdivision staff report item
#7 above. The Council supports the zoning and finds the proposal in accordance with the
Comprehensive Plan.
B. Is the area included in the zoning amendment intended to be rezoned in the future;
City Council does not anticipate that the applicant intends to rezone the subject property in the
future.
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;
Council finds that single-family residential uses are allowed within the requested zoning district
of R-8. Medium Density Residential pennits the establishment of residential uses and is designed
to protect the integrity of residential development by prohibiting the intrusion of incompatible
nonresidential uses. The accompanying plat demonstrates the land will be developed with lot
sizes, housing types and other dimensional requirements that conform to the proposed zoning
designation.
D. Has there been a change in the area or adjacent areas which may dictate that the area
should be rezoned. For example, have the streets been widened, new railroad access been
developed or planned or adjacent area being developed in a fashion similar to the proposed
rezone area;
Council finds that recent residential developments to the north and west have been approved for
development similar to the proposed subdivision, with single-family residences. Development in
the area has limited the main trunk sewer locations. Currently sewer is available in E. Washakie
Street via Sundance Place Subdivision.
Based on the ACHD Long Range 2030 proposal, Ustick Road is anticipated to eventually be a
three lane roadway abutting this site. However, Ustick Road between Meridian Road an Locust
Grove Road is not currently included within ACHD's Five Year Work Program or in the
currently adopted 20-year Capital Improvements Plan for roadway improvements. The applicant
shall comply with all ACHD conditions of approval for the site.
Hollybrook Subdivision
EXHIBIT 0
(
CITY OF MERlDlAN PLANNING AND ZONING DEP ARTM ENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533
Local Streets Washakie Street and Curt Drive are ACHD rights-of-way and provide stub
cOJUlection to the property ACHD and the City of Meridian will require the proposed
development connect these roadways as proposed.
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 ofthe same area;
Council finds that the requested zoning and proposed density is within the anticipated range for a
medium density urban project. Based on the Comprehensive Plan, staff believes that the existing
parcels in the area (south and north and west) have already developed with similar densities and
allowances for alternate products and designs are encouraged. Staff 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." The cammon lots provide 39,766 sq/ft of open space which is approximately 6%
of the site.
The existing character of the area will not change as this is one of the final infill developments in
the vicinity. Council does not find that the proposed zoning or uses will adversely change the
essential character of area. The Commission and Council rely on staffs analysis, public
testimony received and any comments submitted from any other agencies or departments
regarding whether this property should be annexed as proposed.
F. Will the proposed uses not be hazardous or disturbing to existing or future neighboring
uses;
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.
Access to Ustick Road shall be taken through the extension of AlTowwood Way as designed.
The proposed design creates a roadways section along the western properties in Weaver Acres
Subdivision. Council finds the layout as proposed as all the lots within Weaver Acres are on
ISTS which have a life expectancy of approximately 30 years. These lots were platted in the
1970's and council anticipates the need for future connections and annexations of Weaver Acres
Subdivision. The road layout should be the most cost effective solution and encourage
redevelopment of these properties.
The Commission and Council rely on any public testimony (oral and written) when determining
whether or not the proposed zoning and subsequent uses will be disturbing or hazardous to the
existing or future neighboring uses.
G. Will the area be served adequately by essential public facilities and services such as
highways, streets, police and fire protection, drainage structures, refuse disposall water,
HolIybrook Subdivision
EXHIBIT D
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CITY OF MERJ DlAN PLANNING AND ZONING DEP ARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533
sewer or that the person I"esponsible 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 sewer and water mains 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.
On June 17, 2005, a joint agency/department comments meeting was held with representatives of
key service providers to this property. Based on the joint agency/department meeting and other
comments received from agencies/departments, Council finds that the public services listed above
can be made available to accommodate the proposed development. The Conunission and Council
reference any written and/or verbal testimony submitted by any public service provider, regarding
their ability to adequately service this project.
H. Will not create excessive additional requirements at public cost for public facilities and
services and wiD not be detrimental to the economic welfare of the community;
The developer will be financing the extension of sewer, water, local street infrastructure, utilities
and irrigation services to serve the project. The primaty public costs to serve the future residents
will be fire, police and school facilities and services. 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 Dot 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 oftraffic, noise, smoke, fumes, glare or odors;
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.
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. Council does not anticipate the proposed annexation and
subsequent uses will create excessive traffic, noise, smoke, fumes, glare, or odors.
J. Will the area have vehicular approaches to the property which shall be so designed as not to
create an interference with traffic on surrounding public streets;
The applicant is proposing to construct one public street extension into the site from Sundance
Place Subdivision and continue the extension to Quenzer Commons Subdivision which will
connect Meridian Road with Locust Grove Road for further roadway connections. ACHD is
supportive of the proposed stub street extensions as previously approved. The landscaping should
be designed in a manner to slow traffic flow to Ustick Road and reduce any traffic to Curt Drive
(the only connection for Weaver Acres Subdivision) If is designed and constructed as approved
by the ACHD and the City, council does not believe that the subdivision will create interference
with traffic on the surrounding public streets.
Hollybrook Subdivision
EXHIBIT D
CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533
K. Will not result in the destmction, 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. 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.
The Conunission and Council reference any public testimony that may be presented to determine
whether or not the proposed development may destroy or damage a natural or scenic feature(s) of
major importance of which staff is unaware.
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 lots that are similar in nature to existing subdivisions in
the near vicinity. Council finds that all essential services are available or will be provided by the
developer to the subject property and will not require unreasonable expenditure of public funds.
The applicant is proposing to develop the land in general compliance with the City's
Comprehensive Plan. Council does not approve lot sizes that would be invasive to the properties
to the east of the subject property but the lot sizes should be transitional in nature and allow
additional residential densities and product opportunities for the general vicinity. Subdivisions of
medium density have already been approved for development to the north and west and this is a
logical expansion ofthe City limits for an infill project. In accordance with the findings listed
above, Council finds that annexation and zoning of this oropertv would be in the best interest of
the Citv.
2. PRELIMINARY PLAT FINDINGS
Sections 12-3-3 ],2 and 12-3-5 D read as follows: "In determining the acceptance of a proposed
subdivision, the Conunission 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;
Council finds that the proposed application is in substantial compliance with the adopted
Comprehensive Plan. Council supports the proposed layout as a practical solution to address the
constraints of infill development which has design criteria dictated by previous developments.
Please see Annexation and Zoning Analysis "A".
B. The availability of public services to accommodate the proposed development;
Council finds that public services are available to accommodate the proposed development. (See
finding "G" under Annexation and Zoning Analysis for more detail.)
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,
Council finds that the subdivision will not require the expenditure of capital improvement funds.
Hollybrook Subdivision
EXHIBIT D
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CITY OF MERIDIAN PLANNING AND ZONING DEP ARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533
D. The public financial capability of supporting services for the proposed development;
The Commission and Council rely upon conunents from the public service providers (i.e.- police,
fire, ACHD, etc.) to determine this finding. (See finding "G" under Annexation and Zoning
Analysis above, and the Agency Conunents and Conditions at the end of this report for more
detaiL)
E. The othel' health, safety or environmental problems that may be brought to the Council's
attention.
The proposed design creates a unique situation for properties in Weaver Acres Subdivision to the
east of the property. The normal subdivision design would not allow creation of double fronted
lots (Arrowwood Way and Curt Dr). However the proposed design will allow existing lots to
have access to public services and provide a path of annexation for future development. Until
such a time as annexation would occur as these lots require fencing along their rear yards as
proposed by the applicant.
Council is not aware of any health, safety or environmental problems associated with the
development of this subdivision that have be brought to the Council or Commission's attention.
ACHD considers road safety issues in their analysis. The Commission and Council reference any
public testimony that may be presented to determine whether or not the proposed subdivision may
cause health, safety or environmental problems of which staff is unaware.
3. CONDITIONAL USE FINDINGS
The Commission and Council shall review the particular facts and circumstances of each
proposed conditional use in terms of the following and may approve a conditional use permit if
they shall find evidence presented at the hearing(s) is adequate to establish (l 1-17-3):
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 reIieffrom the standard
street frontage requirement, lot size requirement and standard setbacks, as required by Meridian
City Code. See Special Consideration #1 below for detailed analysis.
Council finds that the subject property is large enough to accommodate the requested use and all
other required features. Although the site is large enough to accommodate all of the features
required by ordinance, the applicant has asked, through the Planned Development, to modify
specific development standards for Lots 2-17 of Block 4. The narrow nature of the north south
connection of the property creates a unique situation which would not have been able to be
addressed through normal R-8 standards. The Council fmds that the considerations are approved
as requested. See Special Consideration #1 below for detailed analysis.
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;
Council finds that the proposed single-family residential subdivision, with a gross density of 359
dwelling units per acre, is generally harmonious with and in accordance with the 2002
Comprehensive Plan and Future Land Use Map, which designates the site to be "Medium Density
Hollybrook Subdivision
EXHIBIT D
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CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533
Residential" and "Low Density Residential" (provided the Commission and Council grant the
requested planned development). Please see Annexation & Zoning Analysis "A" above.
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 & Zoning Analysis "E" above.
D. That the proposed use, if it complies with all conditions of the approval imposed, will not
adversely affect other property in the vicinity;
The Commission and Council rely upon public testimony, staff's analysis, and other agency
comments when determining if the proposed uses will 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 & Zoning Analysis "G" and "H" above, the "Other Agency/Department
Comments and Conditions" at the end of this report, 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;
Please see Annexation & Zoning Analysis "H" above.
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 oftraffic, noise, smoke, fumes, glare or odors;
Please see Annexation and Zoning Analysis "1" above.
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 & Zoning Analysis "J" above. The Commission and Council review any
comments received from the ACHD provide for this project when detennining 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 & Zoning Analysis "K" above.
HoIlybrook Subdivision
EXHIBIT D
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CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533
STAFF REPORT
TO:
FROM:
SUBJECT:
City Council hearing for October 4, 2005
P & Z Commission and Hearing Dates:
July l, 2005, continued to August 4,
2005, continued to September 1, 2005
Planning & Zoning Commission
Joe Guenther, Associate City Plallller
Michael Cole, Development Services Coordinator
Hollybrook Subdivision
. PP-05-025
55 Single family residential lots and on 15.32 acres
· AZ-05-026
Annexation of 15.32 acres with proposed R-8 zoning
· CUP-OS-033
A Planned Development for reduced lot sizes and frontage requirements in
an R-8 zone
1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST
The applicant, Hollybrook, LLC-Bond Campbell, has applied for Annexation and Zoning (AZ) and
Preliminary Plat CPP) approval of Fifty-three (53) Building Lots and Eleven (11) Common/Other Lots on
15.32 acres. The site is located on the north side of Us tick Road approximately one-quarter of a mile east
of Meridian Road. This site is currently agricultural with farm buildings and one single family residential
building. The site has not been previously platted.
2. SUMMARY RECOMMENDATION
The subject property is within the Urban Service Plalllling Area. The subject applications (AZ CUP, and
PP) were submitted concurrently to the Planning & Zoning Department for review. Staff recommended
approval of the amended preliminary plat August 21,2005 for Hollybrook Subdivision submitted as AZ-
05-026, CUP-05-033, and PP-05-025 with the conditions of approval as outlined in this report.
The Meridian Planning and Zoning Commission heard the item on August 4, 2005 and recommended the
applicant work with the neighborhoods of Weaver Acres and Sundance Place as well as ACHD to provide
a solution to traffic calming along block 4 of the plat dated July 14, 2005. The applicant returned with a
revised plat dated September 1, 2005. At the public hearing they moved to recommend approval with
changes to the plat dated September 1,2005.
HOLL YBROOK SUBDIVISION
CUP-05-033! PP-05-025! AZ-05-026
a. Summary of Public Hearing:
1. In favor: Donald Kelso, Brian Cooper, Kevin Churchman, Mark Smith
ii. In opposition: None as of September 1, 2005
iii. Opposed as of the August 4, 2005 hearing,
Commenting as of the September 1, 2005:
I. Hal Putnam, 3424 Curt Drive
2. Florence Witticker, 3378 North Weston
3. Letha Quinn, 456 East Patagonia
4. Sally Alexander, 3360 North Weston Avenue
5. Jody Pierce, 33842 North Weston
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CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533
6. Kathy Shennan, 3458 Weston Way
7. Joe Shole, 3476 NOlth Weston Way
8. Shawll Funkhouser, 3644 North Pistato
9. Linda Roberts, 3525 Curt Drive
iv. Staff presenting application: Joe Guenther
v. Other staff commenting on application: Anna Canning, Bill Nary
b. Key Issues of Discussion by Commission:
1. - Design ofN. Arrowwood Way to slow down traffic from subdivisions located
north of the proposaL
ii. - size and number of lots ill Block 4
iii. - connection to Ustick road at Curt Drive, left to ACHD approval
iv. -fixing and continuing drainage and irrigation piping
c. Key Commission Changes to Staff Recommendation:
i. - All single family residential lots listed as Block 4 of the plat dated August 21,
2005 shall be designed as to have shared access to N. Arrowwood Way.
ii. -Elevations and building footprints for the single family residential lots in Block
4 shall be submitted prior to the City Council hearing date. Elevations and
building footprints shall be a part of the Development Agreement.
iii. - The number of lots along N. Arrowwood Way as depicted on the August 21,
2005 preliminary plat shall be reduced to a total of twelve lots.
iv. -Inclusion of a gazebo in the amenity lot in either Block 1 or Block 4 of the plat
dated August 21,2005.
d. Outstanding Issue(s) for City Council:
1. - None
3. APPLICATION AND PROPERTY FACTS
a. Site Address/Location:
540 E. Ustick / Ustick and Curt
SE J;.; ofSW ~ 4NIE3l
b. Owner:
Bond Campbell
Hollybrook LLC
1150 E. Ustick
Meridian, Idaho 83642
c. Applicant:
Bond Campbell
HoIlybrook LLC
1150 E. Ustick
Meridian, Idaho, 83642
d. Representative: Shawn Nickel, SLN Planning, Inc.
e. Present Zoning: COUNTY RUT
f. Present Comprehensive Plan Designation:
Medium Density Residential, Low Density Residential
g. Description of Applicant's Request:
1. Date of preliminary plat (attached as Exhibit AI): July 14,2005 Sheet PP-l, ECl
2. Date of CUP site plan (attached as Exhibit A2): July 14,2005 Sheet PD-l, ECl
HOLL YBROOK SUBDIVISION
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CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533
3. Date oflandscape plan (attached as Exhibit A3): April 15, 2005 Sheet L-l, ECI.
h. Applicant's Statement/Justification:
Shawn 1. Nickel, Land Consultants has submitted a statement of purpose with the application,
dated April 15, 200S and revised May 24,2005. The applicant has also made amendments to
the site plan due to ACHD concerns and has addressed the nOlih/south cOlli1ection in response
to City of Meridian staff, ACHD staff, and neighbors concerns with the submittals dated July
14,2005.
4. PROCESS FACTS
a. The subject application will in fact constitute an annexation as determined City
Ordinance. By reason of the provisions of the Meridian City Code Title 11 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. The subject application will in fact constitute a planned development as determined by
City Ordinance. By reason of the provisions of the Meridian City Code Title 12 Chapter 6, a
public hearing is required before the City Council on this matter.
d. Newspaper notifications published on:July 4, 2005, June 20, 2005(for P & Z
Commission meeting) and September 1 ill and 261h, 2005 for City Council.
e. Radius notices mailed to properties within 300 feet on: June 10, 2005(for P&Z
Commission meeting) and September 9, 2005 for City Council.
f. Applicant posted notice on site by: July 24, 2005(for P&Z Commission meeting)
and September 24,2005 for City Council.
5. LAND USE
a. Existing Land Use(s): RUT Ada County - Agricultural
b. Description of Character of Surrounding Area:
c. Adjacent Land Use and Zoning
1. North: Sundance Place Subdivision R-8 with a Planned Development
2. East Quenzer Commons, Heritage Commons Subdivision R-8 with a Planned
Development. Under development.
Weaver Acres Subdivision- R-l Ada County.
3. South: Bedford Place Subdivision- R-8
4. West: Sundance Place Subdivision R-8 with a Planned Development
d. History of Previous Actions: N/A
e. Existing Constraints and Opportunities
1. Public Works
Location of sewer: From Sundance Place Subdivision, Washakie Street 8"
Location of water: Prom Ustick Road, 12" main connection.
Issues or concerns:
HOLL YBROOK SUBDIVISrON
CUP-05-033! PP-05-025! AZ-05-026
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CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533
2. Vegetation: Existing vegetation should be brought into compliance with
maintenance standards ofNMID. Applicant shall contact City Arborist for tree
mitigation.
3. Flood plain: NA
4. Canals/Ditches Irrigation: Tiling and relocation of existing agricultural irrigation
ditches will need coordination with Settlers Inigation District.
5. Hazards: None Identified
6. Proposed Zoning:
7. Size of Property:
R-8 - with Planned Development for Lots 2-18 Block 4
15.32 acres
8. Description of Use:
f. Subdivision Plat Information
Single-Family Residential
1. Residential Lots:
53
2. Non-residential Lots: 0
3. Total Building Lots: 53
4. Common Lots: 11
5. Other Lots: 8 of the common lots are for traffic control and direction
6. Total Lots: 66
7. Open Lots: N/A
8. Residential Area: 15
9. Gross Density: 3.59 units per acre
g. Landscaping
1. Width of street buffer(s):
25' on Ustick Road Lot 1 Block 2
10' on Curt Drive Lot 1 Block 2
10' on east side of Arrowwood Way Loti Block 2
5' on west side of Arrowwood Way, ROW
2. Width ofbuffer(s) between land uses: 0' with 6' solidfendng
3. Percentage of site as open space (PP and PD applications):
6% 39, 766 square feet.
4. Other landscaping standards: All common lots to be included with PD amenities
shall comply with the landscape plan dated Apri/15, 2005, with considerations for design amendments
dated July 14, 2005.
h. Conditional Use Information
1. Non-residential square footage: square feet
2. Proposed building height: Less than 35' of R-8 standard
3. Percentage of site devoted to building coverage: 15.32 acres
4. Percentage of site devoted to landscaping: 1.27 acres
HOLL YBROOK SUBDIVISION
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CITY OF MERIDIAN PLANNING AND ZONiNG DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533
5. Number of Residential units: 55
i. Planned Development - Lots 2-18 of Block 4 of Hollybrook Subdivision
j. Amenities - Lot 1 Block 3, Lot 18 Block 4, Lot 2 Block 4, Lot Block 11 will have additional
Landscaping, Pathway connections to multi-use pathway in Sundance Place Subdivision, and seating
areas along all pathways.
1. Proposed and Required Residential Standards
Multi-use Pathway Connection with seating areas
R-8 standards apply to aU lots except Lots 2-17 of Block 4 of Holly brook Subdivision as
shown below:
Setbacks Proposed Required
Front Living Area of 15 20
Front Accessed Garage 20 15
Side 5
Rear 15 15
Frontage 55 65
Lot Size 4,800+ 6500
k. Summary of Proposed Streets and/or Access (private, public, common drive, etc.):
All roadways have been designed according to ACHD standards and will be public streets.
All common areas used for traffic control shall be landscaped and maintained by the
Hollybrook Homeowners Association.
For a detailed report on the public streets and access points to public streets, the attached staff
report from the Ada County Highway District (Exhibit C).
6. AGENCY COMMENTS MEETING
On June 17, 2005 staff held an agency comments meeting. Further meetings were held with the
Meridian Fire Department on July 22,2005 to address the redesign ofthe Preliminary Plat dated
September 21,2005. Staff has included all comments and recommended actions as Conditions of
Approval from the meeting attached as Exhibit B.
7. COMPREHENSIVE PLAN POLICIES AND GOALS
In Chapter VII of the Comprehensive Plan, 'medium density' is defined as areas including single-
family homes at densities of three to eight dwelling units per acre. Staff finds that the requested
zoning designation, R-8, is harmonious with and in accordance with the 2002 Comprehensive
Plan and Future Land Use Map, which designates the land to be "Medium Density Residential"
and "Low Density Residential". The 3.59 dwelling units per acre proposed with the preliminary
plat are consistent with previous Commission and Council actions and generally conform to the
goals, objectives, and action items contained in the Comprehensive Plan for this area. In addition,
in the applicant's cover letter (dated April 15, 2005, revised May 24, 2004) lists several
Comprehensive Plan policies, all of which support the annexation and proposed residential use of
the property.
In Chapter VII of the Comprehensive Plan, 'Low density' is defined as areas including single-
family homes at densities of three dwelling units or less per acre. The applicant is requesting that
HOLLYBROOK SUBDIVISION
CUP-05-033! PP-05-025/ AZ-05-026
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CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533
all the subject site be zoned R-8 (Medium Density Residential). The R-8 district allows for a
maximum of eight (8) dwelling units per acre (MCCl] -7 -2.C), however the design more closely
resembles an R-4 development. The applicant's requested design provides for larger lots
consistent with a lower density transitional area. The comprehensive plan also states on Page 104,
Objective D- Plan for appropriate uses within rural areas: "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 intelface between urban level densities and rural residential densities. " Weaver Acres
Subdivision is located immediately east, north, and south of the property Witll seven lots of
approximately one acre parcels and is classified as low density residential. Lots 2-5 of Block 1
and all of Block 1 have a calculated residential density of 2.45 dwelling units to the acre which is
consistent with the allowance within the Low Density Residential Designation.
Staff finds the following 2002 Comprehensive Plan text policies to be applicable to this
application (staff analysis is in italics below policy):
Chapter VI C.2 P71 - Multiuse pathways: Pathways that encourage use by bicyclists and
pedestrians can decrease road congestion and add to the community's quality of life. The
proposed off-street and multiuse pathway systems are depicted in Figures VI-3 and VI-4. New
and existing developments should ensure that the guidelines laid out in this plan are adopted.
Although a designated Multiuse pathway is not located on this site the applicant has propose a
connection through to the pathway system in Sundance Place via Lot 17Block 11.
Require that development projects have plmmed for the provision of all public services (Chapter
VII, Goal III, Objective A, Action 1)
When the City established its Area of City Impact, it planned to provide City services to the
subject properties. The City of Meridian plans to provide municipal services to the lands
proposed to be annexed in the following manner:
Sanitary sewer and water service will be extended to the project at the
developer's expense.
The subject lands currently lie within the jurisdiction of the Meridian Rural Fire
District. Once annexed the lands will be under the jurisdiction of the Meridian
City Fire Department, who currently shares resource and personnel with the
Meridian Rural Fire Department. Fire and Emergency Medical Services will be
provided by Meridian City Fire Station #3. The subject lands lie within 1.5 miles
of the recently opened Meridian City Fire Station #3 and lie within the Meridian
Fire Department's jive-minute response zone.
The subject lands currently lie within the jurisdiction of the Ada County Sheriff's
Office. Once annexed the lands will be serviced by the Meridian Police
Department (MPD).
The roadways adjacent to the subject lands are currently owned and maintained
by the Ada County Highway District (ACHD). This service will not change.
The subject lands are currently serviced by the Meridian School District #2. This
service will not change.
The subject lands are currently serviced by the Meridian Library District. This
service will not change and the Meridian Library District should suffer no
revenue loss as a result of the subject annexation.
HOLL YBROOK SUBDIVISION
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CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533
Municipal, fee-sLpported, services will be provided by the Meridian Building Department,
the Meridian Public Works Department, the Meridian Water Department, the Meridian
Wastewater Department, the Meridian Planning and Zoning Department, Meridian Utility
Billing Services. and Sanitwy Services Company.
· Protect existing residential properties from incompatible land use development on adjacent
parcels (Chapter VII, Goal N, Objective C, Action 1)
All of the properties adjacent to the subject site are designated for medium or low density
residential uses on the Comprehensive Plan Future Land Use Map. The applicant has made
the best attempt to mix low and medium density lots with the appropriate single family
residential products for the site.
· Support a variety of residential categories (low-, medium-, and high-density single family,
multi-family, townhouses, duplexes, apartments, condominiums, etc.) for the purpose of
providing the City with a range of affordable housing opportunities (Chapter VII, Goal N,
Objective C, Action 10)
The subject property is mostly designated Medium-Density Residential on the Future Land
Use Map which identifies this area as an appropriate area for medium-density residential
development. This proposal meets the Comprehensive Plan definition of medium-density,
with a gross density of 3.59 dwelling units per acre.
· Develop policies and incentives to encourage infill and contiguous development. (Chapter V
Goal I Objective A Action 8)
The subject property has a unique design due to limited property width at the north/south
connection and is surrounded by existing and proposed developments which would classify
for infill development. The proposed design meets the criteria for an R-8 development and
the applicant has been diligent in meeting the agency requirements and providing a quality
product near a mix of residential uses.
· Support infill of random vacant lots in substantially developed, single-family areas at
densities similar to surrounding development. Increased densities on random vacant lots
should be considered if: Development of uses other than single-family structures are
compatible with surrounding development as it complies with the current comprehensive
plan. (Chapter VII Goal V Objective A Action] 0)
The proposed density, size of lots and unique roadway design will allow for an increase in
density for the proposal with smaller lots under a Planned Development where the majority
of the lots are not requiring special considerations within the ordinance and comprehensive
plan, see also findings above.
· Apply design and performance standards to infilling development in order to reduce adverse
impacts upon existing adjacent development. (Chapter VII Goal V Objective A Action 11)
Staff does not foresee negative impact on surrounding development outside of the
construction phase. The site has an existing residence which will be incorporated and the
size, number, and quality of the houses is similar in nature to the surrounding developments
that the proposal should be indistinguishable upon build out as an attractive neighborhood
within a neighborhood.
HOLL YBROOK SUBDIVISION
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CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533
Staff finds that the proposed R-8 zoning designation is harmonious with and in accordance with
the Comprehensive Plan.
8. ZONING ORDINANCE
a. Zoning Schedule of Use Control: Meridian City Code 11-2-1 lists Planned Development
modifications as conditional use in the R-8 zoning district. Single Family Residential uses
are permitted in the R-8 zoning district
b. Purpose Statement of Zone: R-8 Medium Density Residential District: The purpose of the R-
8 district is to permit the establishment of singLe- and two-family dwellings at a density not
exceeding eight (8) 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 pelmit the conversion of large homes into two-family dwellings in welI-
established neighborhoods of comparable land use. Connection to the municipal water and
sewer systems is required.
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.
9. ANALYSIS
a. Analysis of Facts Leading to Staff Recommendation
As noted above, the applicant is proposing to subdivide the subject site into fifty five
single family residential lots. Each lot contains a minimum 4,400 square-feet. The fifty
five proposed building lots range in size from 4,432 square-feet up to 18,081 square-feet.
There are three distinct areas on the site with a variety of housing types. The southern
most area is designated Low Density Residential while the western edge and northern
area is Medium Density Residential. The southern area has the largest lots, contains the
existing residence, and meets the overall gross density at 2.45 dwelling units per acre.
The northern area is consistent with medium density residential in an R-8 zoning
designation with Lots ranging from approximately 7,000 square feet to over 10,500 square
feet. The last area is the western boundary along the continuation of N. AlTowwood
Way. The site creates a constriction and a unique constriction at this area. The lots are
requested to have reduced frontage and reduced lot sizes. These lots will be single family
detached products with the elevations submitted with the packet. All housing types are
proposed as single-family residential.
The applicant has requested all of the propelty be zoned R-8 (Medium Density
Residential). The applicant has indicated a gross density of the proposed subdivision at
3.59 gross dwelling units per acre. This presented density is in accord with the proposed
R-8 zoning district. This is allowable for the R-8 district with the Low Density area
directly corresponding to the Comprehensive Plan which calculates at 2.45 gross
dwelling units per acre. Please see Annexation & Zoning Analysis below. The applicant
is requesting modifications to the dimensional standards of the requested R-8 zone (i.e. _
building setbacks, lot size, frontage, etc.) for Lots 2-17 of Block 4. These lots have
requested the following planned development standards:
HOLL YBROOK SUBDIVISION
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CITY OF MERJDlAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533
Setbacks Proposed Required
Front Living Area of 15 20
Front Accessed Garage 20 15
Side 5
Rear 15 15
Frontage 55 65
Lot Size 4,800+ 6500
1.1.1
ANNEXATION & ZONING ANALYSIS: 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 tlns is a good location for the proposed single
family residential products. Please see Exhibit D for detailed analysis of facts and
findings.
1. The annexation legal description submitted with the application (stamped on 3/23/05 by
Clinton Hansen, PLS) shows the property as contiguous to the existing corporate
boundary of the City of Meridian.
2. Any future subdivision, uses and construction on tins property shall comply with the City
of Meridian ordinances in effect at the time.
3. A Development Agreement (DA) will' be required as part of an annexation of this
property. Prior to the annexation ordinance approval, a DA shall be entered into between
the City of Meridian, the property owner(s) (at the time of annexation ordinance
adoption), and the developer. The aoolicant shall contact the Citv Attornev Bill Narv at
888-4433 to initiate this orocess. The DA shall incorporate the following:
· That the applicant will be responsible for all costs associated with the sewer and water
service extension. Any existing domestic wells and/or septic systems witInn tins 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 oftraffic, noise, smoke, fumes, glare or odors.
· The applicant shall agr'ee to the building footprints and elevations as submitted to the City
Council on October 4, 2005 for all lots listed in Block 4 of the September 21, 2005
preliminary plat.
PRELIMINARY PLAT ANALYSIS: The preliminary plat provides a good mix of
residential products with a wide range of mid sized lots. The site complies with both the
medium and low density calculation with a mix of housing sizes. The applicant has
proposed a unique design for a non-standard lot configuration on a property which by
shape would be difficult to develop.
HOLL YBROOK SUBDIVISION
CUP-05-033! PP-05-025! AZ-05-026
PAGE 9
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CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533
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 products. Please see
Exhibit D for detailed analysis of facts and findings.
I. Public Streets and Access:
Connectivitv (Ustick Road to Washakie Street): The stub streets from Sundance Place
Subdivision and Quenzer Commons Subdivision, Washakie Street shall connect to
through with the common street sections and completing the midsection connection of
Meridian Road and Locust Grove Road. The subdivision is constrained by previous
development in the area and is bound by ACHD policies ofinterconnectivity. No direct
lot access to Ustick Road is approved with this subdivision.
Connectivitv (Curt Drive): There are no services available in Curt Drive and concerns
have been raised about the increase in traffic from Curt Drive as a cut across street
connection within the subdivision. ACHD has determined a connection from Curt Drive
to Arrowwood Way is appropriate and half of CUlt drive will be improved with this
proj ect.
2. Landscaoin!!: Staff is generally supportive of the proposed landscaping design with the
following considerations: Ustick Road landscaping shall be designed according to MCC
12-13 Landscaping and maintained by the home owners association. All common lots
which will provide traffic calming shall contain landscaping according to MCC 12-13.
See Site Specific Condition #7 below.
3. aDen Space: MCC 12-13-16 requires five percent of open space to be set aside for
subdivisions of at least five acres in size. The applicant is proposing to set aside 39,766-
sq ft of the site for open space. Most of this open space is at the ends of Arrowwood Way
and provide traffic calming and glare prevention. Lot 17 provides a cOilllection from the
development and makes opens space accessible to all lots of the subdivision and through
to the multiuse pathway. (MCC 12-13-16-3). See Site Specific Condition #5 below.
Tree Mitigation: There are several large trees on this site that the applicant is proposing
to remove or relocate. 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 are removed (MCC 12-13-13-3). The applicant
should coordinate a tree protection/mitigation plan with Elroy Huff at the Meridian Park
Department. See Site Specific Condition #7 below.
4. Ditches Laterals and Canals: Per MCC 12-4-13, all irrigation ditches, laterals or canals,
exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to
the area being subdivided shall be tiled. Staff is unaware of the official status of the
drainage ditch; it appears to be maintained by Settlers Irrigation and is considered an
offsite natural feature. See Site Specific Condition #8 below
5. Pressure lITigation: 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
HOLL YBROOK SUBDIVISION
CUP-05-033! PP-05-025/AZ-05-026
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CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533
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 instaUed to aU landscape areas per the approved specifications and in accordance with
MCC 12-13-8 and MCC 9-1-28. See Site Specific Condition #9 below.
6. Fencing: The applicant is proposing to construct a six-foot tall solid fence around the
perimeter of the site. Staff is supportive of the proposed fencing. A detailed fencing plan
should be submitted upon application of the final plat (MCC 12-4-1O.F.3). If pem1anent
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.
CONDITIONAL USE PERMIT ANALYSIS: 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 allowing a unique
design for single family residential products. Please see Exhibit D for detailed analysis of
facts and findings.
1. Reduced Standards: As stated earlier, the applicant is requesting modifications from
standard ordinance requirements for street frontage, lot size and setbacks.
Lot Size: The applicant has requested reduced lot sizes; the submitted preliminary plat
has Lots 2-] 8 of Block 4 below the 6,500 square-foot minimum size. Therefore, a
modification to the standard R-8 lot size of 6,500 square-feet is applicable. The proposed
lot sizes range from 4,428 square-feet to 18,081 square-feet.
Lot Frontage: The minimum requested street frontage is 55-feet. There are 14 lots that are
at 55-feet of frontage (65-feet is the minimum for the R-8 zone). Staff is supportive of
reducing the frontage for these lots as it provides a practical use to these lots where the
property depth is minimal.
Setbacks: The applicant's submittal July 14,2005 requests that this development have a
front setback of 15'. The front setback would need additional definition as to be 15' to
living space only and a minimum front setback of 20' to a garage entry way. Rear and
interior setbacks will be R-8 standards. Staff recommends approval of the setbacks as
requested.
2. Amenities: MCC 12-6-2.A.3 requires two or more amenities to be provided as part of
each planned development. The proposed amenities for the subject planned development
include: The proposed open space makes up 6% of the site, S% minimum is required and
it takes 10% to count open space as an amenity. Landscaped open space means land
exclusive of street rights-of-way and street buffers, except for right-of-way specifically
dedicated for landscaping within a subdivision. No drainage lots, required street buffers,
or canal buffers have been included in this calculation. The applicant is counting the
additional landscaping along the open space lots, a multi-use pathway connection into
Sundance Place Subdivision, and seating areas as amenities. Staff supports these
amenities as listed and believes they are adequate for the size of the property.
HOLL YBROOK SUBDlVISlON
CUP-OS-033! PP-OS-02S/AZ-OS-026
PAGE ]1
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CITY OF MERIDIAN PLANNINGAND ZONING DEP ARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533
3. Elevations: The applicant has submitted two front elevation drawings for the proposed
dwelling units included with the PD. Staff believes that the dwelling units will be
compatible with the adjoining uses, if the buildings are constructed as shown on the
submitted elevations. ConstJUction within Hollybrook Subdivision should substantially
comply with the elevations submitted by the applicant. Construction materials used on
the structures should be approved by the City of Meridian Building Department and in
accordance with the most recent Uniform Building Code. See Site Specific Condition #4
below.
b. Staff Recommendation: StaffrecOlmnends approval ofCUP-05-033/ PP-05-025/AZ-05-
026 for HoIIybrook Subdivision as presented in the staff report dated August 4, 2005 and
September 1,2005 based on the Findings of Fact as listed in Exhibit D and subject to the
conditions of approval as listed in Exhibit B as attached to this report. Staff has prepared
findings consistent with this recommendation.
10. PROPOSED MOTIONS
Approve
I move to approve File Numbers CUP-05-033/ PP-05-025/ AZ-05-026 for Hollybrook
Subdivision as presented in the staff report and the plat dated (September 21, 2005) with the following
modifications to the conditions of approval: (add any proposed modifications)
Deny
I move to deny File Numbers CUP-05-033/ PP-05-025/AZ-05-026 for Hollybrook Subdivision
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. EXHffiITS
A. Drawings
]. Preliminary Plat - Dated July 14, 2005 shown as Sheet PP-l, prepared by ECI
(Erickson Civil Incorporated)
Revised September 21, 2005
2. CUP Site Plan- Dated July 14, 2005 shown as Sheet PP-l, prepared by ECI
3. Landscape Plan- Dated April 15, 2005 shown as Sheet L-l prepared by ECI
B. Conditions of Approval
1. Planning Department
2. Public Works Department
3. Fire Department
4. Parks Department
5. Ada County Highway District
C. Legal Description
D. Required Findings from Zoning Ordinance
HOLL YBROOK SUBDIVISION
CUP-05-033! PP-05-025! AZ-05-026
PAGE 12
CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF LAW AND
DECISION & ORDER
In the Matter of Annexation and Zoning of 7.89 Acres from RUT (Ada County) to R-8
(Medium Density Residential) AND Preliminary Plat Approval of Twenty-Seven (27)
Buildable Lots on 7.89 Acres AND Variance Approval to Exceed the Maximum Cul-de~sac
and Block Lengths Established in Meridian City Code, for Caymus Cove Subdivision, by
Landmark Engineering & Planning, Inc.
Case No(s): AZ-05-034, PP-05-033, V AR-05-015
For the City Council Hearing Date of: October 4, 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 extemal boundaries of the property. The notice of public hearing before the
City Council was posted upon the property under consideration more than one week
before said hearing. All other noticing was done consistent with Idaho Code ~67-
6509.
OCT 1 S 2D05
CITY OF MERIDIAN
CITY CLERK OFFICF
The matter was duly considered by the City Council at the October 4,2005, public
hearing(s). The applicant, affected property owners, and govemment subdivisions
providing services within the plmming 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 ~67-6509, 6512, and Meridian City Code ~11-15-5 and 11-17-5 as
evidenced by the Affidavit of Mailing, and the Affidavit of Publication and Proof of
Posting filed with the staff report.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NOeS). AZ-05-034! PP-05-033 ! V AR-05-0 15- PAGE I of 4
3. Application and Property Facts
a. In addition to the application and property facts noted in the staff report and the
Plalming & Zoning Recommendation for the subject application(s), it is hereby
verified that the property owner(s) of record at the time of issuance of these
findings is Donald Kelso.
4. Required Findings per Zoning and Subdivision Ordinance
a. See attached Staff Report for the findings required for these applications.
B. Conclusions of Law
1. The City of Meridian shall exercise the powers confen'ed upon it by the "Local Land
Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. ~67-
6503).
2. The Meridian City Council takes judicial notice of its Zoning, Subdivision and
Development Ordinances codified at Titles 11 and 12, Meridian City Code, and all
current zoning maps thereof. The City of Meridian has, by ordinance, established the
Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was
adopted August 6,2002, Resolution No. 02-382 and Maps.
3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code
~ 11-17-9.
4. Due consideration has been given to the comment(s) received from the governmental
subdivisions providing services in the City of Meridian planning jurisdiction.
5. It is found public facilities and services required by the proposed development will not
impose expense upon the public if the attached conditions of approval are imposed.
6. That the City has granted an order of approval in accordance with this Decision, which
shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon
the applicant, the Planning and Zoning Depmtment, 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 July 13,2005 as shown in the attached Staff Report, and the
Preliminary Plat Conditions as shown in the attached Staff RepOlt. 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
Pursuant to the City Council's authority as provided in Meridian City Code ~ 12-3-5 and
based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby
ordered that:
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LA W AND DECISION & ORDER
CASE NOeS). AZ-05-034! PP-05-033 ! V AR-05-01S- PAGE 2 of 4
L The applicant's Preliminary Plat as evidenced by having submitted the Preliminary
Plat dated June 13,2005 is hereby conditionally approved; and,
2. The Site Specific and Standard Conditions are as shown in the attached Staff Report.
D. Notice of Applicable Time Limits
l.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 constmction of
those public facilities. (MCC 12-2-4.B & C.)
E. Notice of Final Action and Right to Regulatory Takings Analysis
L 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.
2. Please take notice that this is a final action of the goveming body of the City of
Meridian, pursuant to Idaho Code ~ 67-6521 an affected person being a person who has
an interest in real property which may be adversely affected by the issuance or denial of
the conditional use permit approval may within twenty-eight (28) days after the date of
this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho
Code.
F. Exhibits
Exhibit A: Staff Report
By action of the City Council at its regular meeting held on the
() r ~-tnkl.eJu , 2005.
i.f-Hv
day of
COUNCIL MEMBER SHAUN WARDLE
VOTED~
COUNCIL MEMBER CHRISTINE DONNELL
VOTED~nt
COUNCIL MEMBER CHARLIE ROUNTREE
VOTED~
COUNCIL MEMBER KEITH BIRD
VOTED~
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ-OS-D34! PP-DS-033 ! V AR-05-0 lS- PAGE 3 of 4
MAYOR TAMMY deWBERD
(TIE BREAKER)
VOTED---==-
. . . SEAL
WIlham G. Berg, Jr., CIty ~ ,#.. g
~ "'C . R $
~ "'9 S)~ S'
Copy served upon Applicant, The Plannirtg,,a,~~g,I3~ttment, Public Works Department
111/1/11/111111\1\\\\\'
and City Attorney.
By:
City Clerk
ShMmSnu1iu
Dated:
/ 0 ~ 1'7 - Otf)
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NOeS). AZ-05-034 f PP-05-033 f V AR-05-015- PAGE 4 of 4
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CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFP REPORT. QUESTIONS? CALL (208) 884-5533
J
STAFF REPORT
City Council Hearing
Hearing Date: 10/4/2005
City Council
Craig Hood, Associate City Planner
Caymus Cove Subdivision
. PP-05-033
TO:
FROM:
SUBJECT:
Preliminary plat proposal including 27 buildable lots and 4 other/common
. AZ-05-034
Annexation and zoning of 7.89 acres from RUT (Ada County) to
R-8 (Medium Density Residential)
. V AR-05-014
Block length and cul-de-sac length variance.
1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST
The applicant, Clint Boyle of Landmark Engineering and Planning, Inc, has applied for Annexation
and Zoning (AZ), Preliminary Plat (PP), and Variance (V AR) approval of 27 building lots and 4
common/other lots on 7.89 acres. The site is located on the south side of McMillan Road
approximately one-quarter of a mile west of Linder Road. This site is cun-entIy rural residential with
one single family residential building and accessory buildings. The site has not been previously
platted.
2. SUMMARY RECOMMENDATION: The Meridian Planning and Zoning Commission heard the
item on September I, 200S. At the public hearing they moved to recommend approval.
Summary of Public Hearing:
1. In favor: Donald Kelso, Brian Cooper, Kevin Churchman, Mark Smith
ii. In opposition: Steve Tolman
iii. Commenting: None
iv. Staff presenting application: Joe Guenther for Craig Hood
v. Other staff commenting on application: Anna Canning
b. Key Issues of Discussion by Commission:
i. - Redevelopment of Tolman property enclave and concerns of Mr. Tolman
(sewer and water stubs, lot size, private lane, lot sizes).
c. Key Commission Changes to Staff Recommendation:
1. - None.
d. Outstanding Issue(s) for City Council:
i. - The applicant has submitted a variance request (V AR-05-015) to the allowable
block length of 1,000 feet (MCC 12-4-5) and the maximum cul-de-sac length of
4S0 feet (MCC 12-4-2.f). The applicant is proposing a 900-foot long cul-de-sac
and a block that exceeds 1,000 feet because Bridgetower Crossing Subdivision
only provided a single stub to this property. Staff is supportive of this variance
request as the only way the length of Station Place could comply with the cul-de-
sac length would be to extend the road to intersect McMillan Road. Because the
City and ACHD try to limit access points to arterial roadways, and because it
would take a large culvert to cross the Settlers Lateral with a public street, staff
Caymus Cove Subdivision
AZ-OS-034/PP-05-033N AR-OS-O I 4
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CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533
recommends that the City grant the requested variance. Please see required
findings for a variance in Exhibit D. NOTE: The Planning & Zoning
Commission did not make a recommendation to the Council on the variance
request because variances are only heard by the Council (MCC 11-18-1).
3. APPLICATION AND PROPERTY FACTS
a. Site Address/Location:
2745 McMi [[an Road I south side of McMillan Road, J ,300 feet east of Ten Mile Rd.
4NIW3S
b. Owner:
Donald Kelso
2745 McMillan Road
Meridian, Idaho 83642
c. Applicant:
Clint Boyle
Landmark Engineering & Planning, Inc
104 9th A venue South, Ste. C
Nampa, Idaho, 83651
d. Representative: Clint Boyle, Landmark Engineering & Planning,
e. Present Zoning: COUNTY
f. Present Comprehensive Plan Designation:
Medium Density Residential
g. Description of Applicant's Request: Twenty-Seven building lots in an infill situation where
Bridgetower Crossing Subdivision Number 8 is east of the site, Bridgetower Crossing Subdivision
Number 7 is west of the site and Bridgetower Crossing Subdivision Number 5 is south of the site. The
applicant's request is consistent with the road layout and access restrictions of McMillan Road north of
the site. The road section is a dead end and requires a block length and cuI de sac length variance.
1. Date of preliminary plat (attached as Exhibit AI): July 13,2005
3. Date of landscape plan (attached as Exhibit A3): June 14,2005
h. Applicant's StatementlJustification:
Clint Boyle, Landmark Engineering and Planning Inc. has submitted a Letter of Intent with the
application, dated July 12 for the AZ and PP, and V AR. The applicant states that the request is consistent
with the Comprehensive Plan and will benefit the public interest by providing a diverse housing type.
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 11 Chapter] 6, 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.
Caymus Cove Subdivision
AZ-05-034fPP-05-033N AR-05-0 14
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CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533
c. Newspaper notifications published on: August 151h and August 20th, 2005 (for P & Z
Commission meeting) and September I ih and 26th, 200S for City Council.
d. Radius notices mailed to properties within 300 feet on: August 5, 2005 (for P&Z
Commission meeting) and September 9, 2005 for City Council.
e. Applicant posted notice on site by: August 19,2005 (for P&Z Commission meeting) and
September 24, 2005 for City CounciL
f. The subject application will in fact constitute a variance as determined by City Ordinance. By
reason of the provisions of the Meridian City Code Title ] 1 Chapter 18, a public hearing is
required before the City Council on this matter.
5. LAND USE
a. Existing Land Use(s): Single Family Residential--Agricultural
b. Description of Character of Surrounding Area: Transitional Agriculture to Single-Family
Residential
c. Adjacent Land Use and Zoning
I. North: McMillan Road - Single Family Residential- Recently Annexed R-4
2. East: Bridgetower Crossing Subdivision 8
3. South: Bridgetower Crossing Subdivision 5
4. West: Bridgetower Crossing Subdivision 7
d. History of Previous Actions: N/A
e. Existing Constraints and Opportunities
L Public Works
Location of sewer: N Station A venue
Location of water: N. Station A venue
Issues or concerns: none identified
2. Vegetation: Agricultural
3. Flood plain: NA
4. CanalslDitches Irrigation: Local system maintained by owners
5. Hazards: none identified
6. Proposed Zoning: R-8
7. Size ofPropelty: 7.89 acres
8. Description of Use: Single Family Residential
f. Subdivision Plat Information
1. Residential Lots: 27
2. Non-residential Lots: N/A
3. Total Building Lots: 27
4. Common Lots: 3 lots at 0.73 acres
Caymus Cove Subdivision
AZ-05-034/PP-05-033N AR-05-0I4
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CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533
5. Other Lots: Existing residence and out buildings to remain on Lots 24 and 25
6. Total Lots: 31
7. Open Lots: N/A
8. Residential Area: 5.61 acres
9. Gross Density: 3.74 units per acre
g. Landscaping
1. Width of street buffer(s): 25 feet on McMillan Road required (minor arterial);
applicant has shown 33 feet on Preliminary PiaL
2. Width of buffer(s) between land uses: MCC states that the required buffers between
land uses of differing intensity shaH be provided by the more intense use. The parcel
to the east is cUlTently agricultural but planned for residential. No buffers between
land uses are required.
3. Percentage of site as open space (17,175 square feet): 5% is required, 5% was
provided in Common Lot L Common lots 13, 14, and 23 were not included in this calculation.
h. Proposed and Required Residential Standards- No modifications to the R-8 Bulk standards are
being requested.
Setbacks Proposed Required
Front 20 20
Street side 20/15 20/15
Side 5 5
Rear 15 15
Frontage 65/40 65/40
Lot Size 6,517 min sq. ft. 6,500
PLEASE NOTE: The applicant has not submitted a Planned Development
application; therefore all setbacks and dimensional standards are to be per the R-8
zone.
j. Summary of Proposed Streets and/or Access (private, public, common drive, etc.):
A connection to McMillan has not been recommended by ACHD (see ACHD Staff Report) and the
internal streets will be public. The applicant has connected to the stub street located at the south portion
of the property and is proposing cul-de-sac turn around. The applicant has submitted a request for
variance for the cul-de-sac length on N. Station Place. The applicant has provided a thm connection for
emergency services to McMillan road as an alternative to a full access. For a detailed report on the public
streets and access points to public streets, please see the ACHD repOlt. Staff has included all ACHD
conditions and recommended actions as Conditions of Approval in the attached Exhibit B.
6. AGENCY COMMENTS MEETING On August 12, 2005 staff held an agency comments
meeting. Staff has included all comments and recommended actions as Conditions of Approval from the
meeting attached as Exhibit B.
7. COMPREHENSIVE PLAN POLICIES AND GOALS
The following Comprehensive Plan policies support this proposal:
Caymus Cove Subdivision
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CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533
· Require that development projects have planned for the provision of all public services
(Chapter VII, Goal III, Objective A, Action I)
When the City established its Area of City Impact, it planned to provide City services to the
subject propelties. The City of Meridian plans to provide municipal services to the lands
proposed to be annexed in the following manner:
Sanitary sewer and water service will be extended to the project at the
developer's expense.
The subject lands currently lie within the jurisdiction of the Meridian Rural Fire
District. Once annexed the lands will be under the jurisdiction of the Meridian
City Fire Department, who currently shares resource and personnel with the
Meridian Rural Fire Department.
The subject lands currently lie within the jurisdiction of the Ada County Sheriff's
Office. Once annexed the lands will be serviced by the Meridian Police
Department (MPD).
The roadways adjacent to the subject lands are currently owned and maintained
by the Ada County Highway District (ACHD). This service will not change.
The subject lands are currently serviced by the Meridian School District #2. This
service will not change.
The subject lands are currently serviced by the Meridian Library District. This
service will not change and the Meridian Library District should suffer no
revenue loss as a result of the subject annexation.
Municipal, fee-supported, services will be provided by the Meridian Building Department,
the Meridian Public Works Department, the Meridian Water Department, the Meridian
Wastewater Department, the Meridian Planning and Zoning Department, Meridian Utility
Billing Services, and Sanitary Services Company.
· Protect existing residential properties from incompatible [and use development on adjacent
parcels (Chapter VII, Goal IV, Objective C, Action 1)
All of the properties adjacent to the subject site are designated for medium density residential
uses on the Comprehensive Plan Future Land Use Map.
· Support a variety of residential categories (Iow-, 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 Medium-Density Residential on the Future Land Use Map
which identifies this area as an appropriate area for medium-density residential
development. This proposal meets the Comprehensive Plan definition of medium-density,
with a gross density of 3.75 dwelling units per acre.
· Require street connections between subdivisions at regular intervals to enhance connectivity
and better traffic flow (Chapter VI, Goal II, Objective A, Action 6)
The street connections provided from Bridgetower Crossing Subdivision have been connected
as planned (see ACHD report for details). This subdivision is one of the last infill
Caymus Cove Subdivision
AZ-05-034!PP-05-033/V AR-05-014
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CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533
developments in the near vicinity and will not be required to stub to adjacent properties as
there is no further development expected at the boundaries of this development.
· Preserve, protect, enhance, and utilize our natural resources in Meridian and surrounding
areas. Preserve and conserve our waterways, wetlands, wildlife habitat, and other natural
resources. (Chapter V, Goal I, Objective A)
There are no distinguishable naturalfeatures at this location. Several minor
canals/waterways are near or border the site but are to be tiled or rerouted during
construction. Wetlands, and alternate natural resources are absent from this site and the
subject property has designed the common/open space around preserving some open space
for drainage management.
· Develop policies and incentives to encourage infill and contiguous development. (Chapter V
Goal I Objective A Action 8)
The applicant has requested a slightly lower density relative to the immediate vicinity and
will be developing larger lots than Bridgetower Crossing Subdivision. The applicant has
continued the plans for development and the proposal meets the agencies expectations with
connections to existing stub streets, similar building types and designs, and providing
adequate services to the site.
· Offer a diversity of housing types for a greater range of choice. Encourage quality housing
project for all economic levels in a variety of areas. (Chapter VII Goal V Objective A)
The anticipated products for the site will be unique single family residences available to
individual buyers who are seeking a medium-large lot closer to the urban center.
· Support infill of random vacant lots in substantially developed, single-family areas at
densities similar to surrounding development. Increased densities on random vacant lots
should be considered if: Development of uses other than single-family structures are
compatible with surrounding development as it complies with the current comprehensive
plan. (Chapter VII Goal V Objective A Action 10)
The proposed density, size of lots and unique roadway design will allow for a less dense
proposal with larger lots..
· Apply design and performance standards to infilling development in order to reduce adverse
impacts upon existing adjacent development. (Chapter VII Goal V Objective A Action 11)
Staff does not foresee negative impact on surrounding development outside of the
construction phase. The site has an existing residence which will remain and the size,
number, and quality of the houses is similar in nature to the surrounding developments that
the proposal should be indistinguishable upon build out.
Staff finds that the proposed R-8 zoning designation is harmonious with and in accordance with
the Comprehensive Plan.
8. ZONING ORDINANCE
a. Zoning Schedule of Use Control: Meridian City Code 11-2-1 lists single family residential
dwellings as permitted use in the R-8 zoning district.
b. Purpose Statement of Zone:
R-8 Medium Density Residential District The purpose of the R-8 district is to permit
Caymus Cove Subdivision
AZ-05 -034/PP-OS -033/V AR -05 -014
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C
CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533
the establishment of single- and two-family dwellings at a density not exceeding eight
(8) 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.
9. ANALYSIS
a. Analysis of Facts Leading to Staff Recommendation
1. ANNEXATION & ZONING ANALYSIS: 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
products. Please see Exh ibit D for detailed analysis of facts and findings.
I. The annexation legal description submitted with the application (stamped on July], 200S
by Clinton Hansen, PLS) shows the property as contiguous to the existing corporate
boundary of the City of Meridian.
2. Any future subdivision, uses and construction on this property shall comply with the City
of Meridian ordinances in effect at the time.
3. 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.
4. 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, propelty or the general welfare by
reason of excessive production of traffic, noise, smoke, fumes, glare or odors.
2. PRELIMINARY PLAT SPECIAL CONSIDERATIONS
1. Public Streets and Access:
Connectivity (Brid!le Tower Subdivisions):
The stub street from Bridgetower Subdivision shall connect from N. Station Ave. to N.
Station Place and again to the cul-de-sac on N. Station Place. The subdivision is constrained
by previous development in the area and is bound by ACHD policies of interconnectivity.
No direct access to McMillan is approved with this subdivision.
Lot 13 Block 1 is for emergency access only and shall be improved as per the Meridian Fire
Department requirements.
Lot 23 Block] is for future access for the parcel east of the site to take access to N. Station
Place upon redevelopment. Currently the existing home accesses McMillan Road at this
location and will be required to take access from N. Station Place. The existing access/gravel
Caymus Cove Subdivision
AZ-05-034/PP-OS-033/V AR-OS-014
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CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533
driveway shall comply with ACHD requirements of no direct Lot access to McMillan Road,
as stated on the plat.
2. Landscaoin2:: Staff is generally supportive of the landscaping design with the following
considerations: Non-combustible fencing should be included on the border of the Lemp Canal
located along McMillan Road unless not required by NMID, or the canal is tiled. Perimeter
fencing shall be designed according to MCC 12-13 and maintained by the home owners
association.
Tree Miti2:ation: There are several large trees on this site that the applicant is proposing
to remove or relocate. 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 are removed (MCC 12-13-13-3). The applicant should coordinate a tree
protection/mitigation plan with Elroy Huff at the Meridian Parks Department.
4. Ditches Laterals and Canals: Per MCC 12-4-13, all irrigation ditches, laterals or canals,
exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the
area being subdivided shall be tiled. Staff is unaware of the official status of the Lemp
Canal; it appears to be maintained by Settlers Irrigation District.
5. Pressure Irri2:ation: 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 in-igation 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. See Site
Exhibit B below.
6. FencinE:: The applicant is proposing to construct a minimum of a six foot tall solid fence
around the perimeter of the site. A detailed fencing plan should be submitted upon
application of the final plat (MCC 12-4-1O.F.3). 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.
7. ExistinE: ResidenceslBuildin2:s The site contains multiple buildings. Buildings on Lots 24
and 25 of Block 1 may remain. All other buildings shall be removed prior to final plat
recordation.
b. Staff Recommendation: Staff recommends approval of AZ-05-034/PP-05-033 for Caymus
Cove Subdivision as presented in the staff report dated August 24, 2005 based on the Findings of Fact as
listed in Exhibit D and subject to the conditions of approval as listed in Exhibit B as attached to this
report. Staff has prepared findings consistent with this recommendation.
10. PROPOSED MOTION
Approve
I move to approve File Numbers (AZ-05-034/PP-05-033N AR-05-015) as presented in the staff
report and the plat dated (July 13, 2005) with the following modifications to the conditions of approval:
Caymus Cove Subdivision
AZ-05-034!PP-05-033N AR-05-0 14
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CITY OP MERIDIAN PLANNING AND ZONING DEPARTMENT STAPP REPORT. QUESTIONS? CALL (208) 884-5533
(add any proposed modifications)
Deny
I move to deny File Numbers (AZ-05-034/PP-05-033/V AR-05-015) for the following reasons:
(you must state specific reasons for den ial. They should address how the applicant might re-do the
application to gain your recommendation for approval.)
11. EXHIBITS
A. Drawings
I. Preliminary Plat (dated: July 13,2005)
2. Landscape Plan (dated: June 14,2005)
B. Conditions of Approval
I. Planning Department
2. Public Works Department
3. Fire Department
4. Police Depaltment
5. Parks Department
6. Sanitary Service Company
7. Ada County Highway District
C. Legal Description
D. Required Findings from Zoning Ordinance
Caymus Cove Subdivision
AZ-05-034/PP-05-033N AR-05-0I4
PAGE 9
CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAPF REPORT. QUESTIONS? CALL (208) 884-5533
A. Drawings
l. Preliminary Plat (dated: July 13, 2005)
Caymus Cove Subdivision
Exhibit A
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CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533
2. Landscape Plan (dated: June 14,2005)
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CA YMUS COVE SU8DJVISION
Caymus Cove Subdivision
Exhibit A
CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533
B. Conditions of Approval
1. Planning Department
1.1 SITE SPECIFIC REQUIREMENTS-PRELIMINARY PLAT
IJ.1 The preliminary plat labeled as Sheet I prepared by Landmark Engineering, dated July 13, 2005,
is approved, with the conditions listed herein. All comments/conditions of the accompanying
Annexation/Zoning (AZ-05-034) and Development Agreement shall also be considered
conditions of the Preliminary Plat (pP-05-033).
1.1.2 The applicant has proposed a 33-foot landscape buffer along McMillan Road and a 25 foot buffer
is required by ordinance. The sidewalks within this buffer shall be placed as to line up with
existing buffers in neighboring subdivisions.
1.1.3 The applicant shall reconfigure Lot 23 to be a minimum of 30' wide. Provide an ingress/egress
easement to the Tolman property to the east to use Lot 23, Block J, as access to Station Place.
Said easement may be provided on the face of the final plat and/or in another recorded
document(s) that are referenced on the plat with the instrument number. Provide a shm near the
intersection of Lot 23 and Station Place statin!! that Lot 23 is a future point of access for the
property to the east.
1.1.4 The applicant shall comply with the requirements of no direct lot access for any lots adjacent to
the existing gravel driveway as required by ACHD.
1.1 .5 The applicant shall extend and construct the pathway/emergency access located on Lot 13 to the
ACHD right of way or as required by the Meridian Fire Department.
1.1.6 Prior to the City Engineer's signature of a final plat all structures not contained on a designated
lot shall be removed.
1.1.7 A landscape plan shall be submitted prior to final plat showing the landscaping in relation to the
changes required by this report.
1.1.8 Other than the changes I isted above, the approved landscape plan is not to be altered without prior
written approval of the Planning & Zoning Department.
1.1.9 All road drainage shall be contained on site in the drainage lot as depicted.
1.1.10 Maintenance of all common areas shall be the responsibility of the Caymus Cove Subdivision
Homeowners' Association.
1.1.1 lather than the public street access approved by ACHD, direct lot access to McMillan Road is
prohibited. A note shall be placed on the final plat restricting access to McMillan Road.
1.2 GENERAL REQUIREMENTS-PRELIMINARY PLAT
1.2. I Sidewalks shall be installed within the subdivision and on the perimeter of the subdivision
pursuant to MCC 12-13-10-8.
1.2.2 All areas approved as open space shall be free of wet ponds or other such nuisances. All
storm water 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 J 2-13-
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 storm water 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
Caymas Cove Subdivision
Exhibit B
CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884.5533
facility. This may require losing a developable lot or developable area. It is the responsibility of
the developer to comply with ACHD, City of Meridian and all other regulatory requirements at
the time of final construction.
1.2.3 The City of Meridian requires that pressurized itTigation 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.
1.2.5 Any tree over 4" in caliper that is removed from the property shall be replaced by installing
additional trees, being the equivalent number of caliper inches of trees that were removed.
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- J 3, unless
otherwise approved by Settlers Irrigation District. The aoolicant shall be reauired to tile the
Lemo Canal but mav leave the Settlers Canal ooen adiacent to this site. Plans will need to be
approved by the appropriate inigation/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 Staff's failure to cite specific ordinance provisions or terms of the approved
annexation/conditional use does not relieve the applicant of responsibility for compliance.
J .2.8 Preliminary plat approval shall be subject to the expiration provisions set forth in MCC 12-2-4.
2. Public Works Department
2.1 Meridian City Code 12-5-2-N requires that any new development shall provide pressurized
itTigation. The applicant has not indicated who will own the pressurized irrigations system in this
proposed development. If it is to be owned and operated by an Irrigation District than a license
agreement shall be entered into prior to the scheduling of a pre-construction meeting.
If it is to be a private system owned and maintained by the Homeowners Association, a draft copy
of the operations and maintenance manual shall be submitted prior to plan approval, with a final
copy to be submitted prior to signature on the final plat by the City Engineer.
2.2 The applicant has indicated that the pressure irrigation system is to be privately maintained and
the pump house would be located in common Lot 14, Block 1. The pump house shall comply
with all zoning and setback requirements of the City of Meridian, and it shall not encroach into
the required 25-foot landscape buffer.
Caymas Cove Subdivision
Exhibit B
CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533
2.3 Any existing domestic wel I and/or septic systems within this project shall be removed from
domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells may be used for non-
domestic purposes such as landscape irrigation with approval for Idaho Department of Water
Resources.
2.4 The Sanitary sewer service to this is being proposed via extension of mains located in
Bridgetower Crossing Subdivision number five. The applicant shall be responsible to install all
mains necessary to serve this development, coordinate main size and routing with the Public
Works Department. Minimum cover over sewer mains is 3 feet, if cover from top of pipe to sub-
grade is less than 3-feet, alternate pipe materials shall be used per City of Meridian Standard
Specification.
2.5 Dedicate a blanket utility easement over Lot 23, Block 1 for any future extension of services into
county parcel #S0435212500.
2.6 Water service to this site is being proposed via extension of existing mains in Bridgetower
Crossing Subdivision number five. The applicant shall be responsible to install all mains
necessary to service this development, coordinate mains size and routing with the Public Works
Department.
2.7 The preliminary plat indicates that storm drainage will be routed to a drainage detention swale
then discharged at pre-development rates into an existing drainage ditch. Prior to plan approval,
the applicant shall enter into a discharge agreement with the appropriate drainage/irrigation
district, and install all necessalY pipe to convey the storm water to the appropriate drainage ditch.
In addition, if storm water will be conveyed through an existing system prior to discharge, the
applicant shall submit proof to Public Works that facilities exist to transfer the water, and that the
applicant has permission to use said facilities.
2.8 The emergency access depicted on the face of the plat, and crossing Settlers Canal, shall be
constructed to withstand a 70,000 pound emergency vehicle.
2.9 Street signs are to be in place, water system shall be approved and activated, fencing shall be
installed, drainage lots constructed, and the Final Plat for this subdivision shall be recorded, prior
to applying for building permits.
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.
Caymas Cove Subdivision
Exhibit B
(
CITY OF MERrDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533
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.
2.17 All grading of the site shall be performed in conformance with MCC 11-12-3H.
2.18 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.
3. Fire Department
3.1 One and two family dwellings will require a fire-flow of 1,000 gallons per minute available for
duration of 2 hours to service the entire project. Fire hydrants shall be placed an average of 500'
apmt. International Fire Code Appendix C
3.2 Acceptance of the water supply for fire protection will be by the Meridian Fire Depmtment and
water quality by the Meridian Water Department for bacteria testing.
3.3 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department.
a. Fire Hydrants shall have the 4 ;..-2" 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.
3.4 AU entrance and intemal roads shall have a turning radius of 28' inside and 48' outside radius.
3.5 Provide a 20' wide Fire Lane for all internal roadways all roadways shall be marked in
accordance with Appendix D Section D103.6 Signs.
3.6 Operational fire hydrants, temporary or permanent street signs and access roads with an all weather
surface are required before combustible construction is brought on site.
3.7 The proposed 27-lot subdivision with an estimated 2.9 residents per household would have a total
estimated population of 81 residents at build out.
3.8 The applicant shall work with Planning Department staff to provide an address identification plan
and a sign which meets the requirements of the City of Meridian sign ordinance at the required
intersection(s).
Caymas Cove Subdivision
Exhibit B
CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533
3.9 The Fire Dept. has concerns about the ability to address the project and have the addresses visible
from the street which the project is addressed off of. Lots 24 and 25 of Block 1 shall be addressed
from N. Station Pi. Please contact Joe Silva (888-1234) to address this concern prior to the public
hearing.
3.10 Where a portion of the facility or building hereafter constructed or moved into or within the
jurisdiction is more than 400 feet (122 m) from a hydrant on a fire apparatus access road, as
measured by an approved route around the exterior of the facility or building, on-site fire hydrants
and mains shall be provided where required by the code official. For buildings equipped throughout
with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or
903.3.1.2 the distance requirement shall be 600 feet (183).
For Group R-3 and Group U occupancies, the distance requirement shall be 600 feet (183 m).
For buildings equipped throughout with an approved automatic sprinkler system installed in
accordance with Section 903.3.1.1 or 903.3.1.2, the distance requirement shall be 600 feet (183
m).
3.11 This project will be required to provide a 20' wide swing or rolling emergency access gate. The gate
shall be equipped with a Knoxbox Padlock which has to be ordered thru the Meridian Fire
Department.
4. POLICE DEPARTMENT
No comments received.
5. PARKS DEPARTMENT
5.1 Standard for Mitigation of trees: The standard established in the City of Meridian Landscape
Ordinance (MCC 12-13-13-6) will be followed.
5.2 Standard Plan for Protection of Existing Trees during Construction: The standard established in
the City of Meridian Landscape Ordinance (MCC 12-13- 1 3) will be followed.
6. SANITARY SERVICE COMPANY
No comments received.
7. Ada County Highway District
Site Svecific Conditions of Avvroval
1. Dedicate 25-feet of right-of-way from the centerline of McMillan Road abutting the parcel by means
of a warranty deed or recordation of a final subdivision plat. Allow up to 30 business days to process
the right-of-way dedication after receipt of all requested materiaL The 25-feet to be dedicated is
currently owned thru prescription by ACHD, therefore the applicant will not be paid for the
dedication of right-of-way:
2. Construct a 5-foot wide (minimum) concrete sidewalk abutting the site located at the back of the
canal and in alignment with Bridgetower Crossing to the east of this site. Provide a sidewalk
easement.
3. Any irrigation facilities and/or utilities currently within the existing right-of-way must be relocated
outside of the right-of-way on McMillan Road (with the exception of the Lemp Canal).
Caymas Cove Subdivision
Exhibit B
CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533
4. Construct N. Station A venue as a 36-foot street section with rolled curb, gutter and 5-foot-attached
sidewalks within 50-feet of right-of-way, as proposed.
5. Construct two cul-de-sacs within the site having a minimum turning radius of 45-feet as proposed..
6. There is a 20-foot emergency access to McMillan Road to be platted as Lot 13. No other direct lot
access to McMillan Road is approved with this application and a note stating these access restrictions
will be required on the final plat
7. Comply with all Standard Conditions of Approval.
Standard Conditions of Aooroval
]. 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
of Idaho 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 appl icable road impact fees are required prior to building construction in accordance with
Ordinance #200, also known as Ada County Highway District Road Impact Fee Ordinance.
9. It is the responsibility 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 0-800-342-1585) 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.
to. No change in the terms and conditions of this approval shall be valid unless they are in writing and
signed by the applicant or the applicant's authorized representative and an authorized representative
of the Ada County Highway District. The burden shall be upon the applicant to obtain written
confirmation of any change from the Ada County Highway District.
Cay mas Cove Subdivision
Exhibit B
CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533
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 property unless a
waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the
time the change in use is sought
Caymas Cove Subdivision
Exhibit B
{
CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533
C. Legal Description
Leaal f1pscription
Cooper Subdivision
A parcel located in the NE lf4 of the NW V4 of Section 35, Township 4 North, Range 1
West, Boise Meridian, Ada County, Idaho, said parcel being those parcels formerly
described in Instruments #9200353 and #95048574, and more particularly described as
follows:
BEGINNING al a 5/8 inch diameter iron pin marking the northwest corner of said NE lf4
of the NW v.a from which a brass cap monument marking the northeast corner of the NW
1,4 of said Seclion 35 bears S 88"58'41" E a distance of 1301.37 feet;
Thence S 88 "58'41" E along the north erly boundary 01 said NE v.a of the NW 1,4 a
distance of 289.33 feet to a 5/8 inch diameter iron pin;
Thence leaving said northerly boundary S 2047'12" W a distance of 594.77 feel to a 1
inch diameter iron pipe;
Thence S 87'20'56" E a distance of 27.29 feet to a 5/8 inch diameter iron pin;
Thence S 2049'34" W a distance of 130.65 feet to a '12 inch diameter iron pin;
Thence S 87'1)7'53" E a distance of 109.98 leetto a 5/8 inch diameter iron pin:
Thence S 8049'48" W a distance of 423.06 feet to a 5/8 inch diameter iron pin on Ihe
northerly boundary of Bridgetower Crossing Subdivision No.6 as shown in Book 90 of
Plats on Page 10453, records of Ada County, Idaho:
Thence N 73"12'35" W along said northerly boundary of Bridgetower Crossing
Subdivision No.6 and the northerly boundary of Bridgelower Crossing Subdivision No.
5 as shown in Book 89 of Plats on Page 10385, records of Ada County, Idaho, a
distance of 353.21 feet to a 5/8 inch diameter iron pin on the westerly boundary of said
NE t,4 of the NW %:
Thence N 0"39'24" E along said westerly boundary a distance of 1052.57 feet 10 the
POINT OF BEGINNING.
This parcel contains 7.89 acres and is subject to any easements existing or in use.
Clinton W. Hansen, PLS
Land Solutions, PC
July 1, 2005
Lan~D1utjon~
~""I..mlI~ana::lCiMUU!tln\l
Cooper
Job #05-44
Caymus Cove Subdivision
Exhibit C
(
CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAPF REPORT. QUESTIONS? CALL (208) 884-5533
D. Required Findings from Zoning Ordinance
1. ANNEXATION FINDINGS:
According to Ordinance 11-15-11, General Standards Applicable to Zoning Amendments, both the
P&Z Commission and Council are required "to review the particular facts and circumstances of each
proposed zon ing 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 the Caymus Cove Subdivision City Council
report item #7 above. City Council supports the zoning and finds the proposal in accordance with
the Comprehensive Plan.
B. Is the area included in the zoning amendment intended to be rezoned in the future;
City Council does not anticipate that the applicant intends to reZOne the subject property in the
future.
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 single-family residential uses are allowed within the requested zoning
district of R-8. Medium Density Residential permits the establishment of residential uses and is
designed to protect the integrity of residential development by prohibiting the intrusion of
incompatible nonresidential uses. The accompanying plat demonstrates the land will be
developed with lot sizes, housing types and other dimensional requirements that conform to the
proposed zoning designation.
D. Has there been a change in the area or adjacent areas which may dictate that the area
should be rezoned. For example, have the streets been widened, new railroad access been
developed or planned or adjacent area being developed in a fashion similar to the proposed
rezone area;
City Council finds that recent residential developments to the perimeter of the site have been
approved for development similar to the proposed subdivision, with single-family residences.
Currently sewer is available in N. Station Avenue that stubs into this project from Bridgetower
Crossing Subdivision.
Based on the ACHD Long Range 2030 proposal, McMillan Road is anticipated to eventually be a
3-lane roadway abutting this site. However, McMillan Road is not currently included within
ACHD's Five Year Work Program or in the currently adopted 20-year Capital Improvements
Plan for roadway improvements.
Local Street of N. Station Avenue is an ACHD right-of-way and provides a stub connection to the
property. ACHD and the City of Meridian will require the proposed development connect these
Caymlls Cove Subdivision
Exhibit D
CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533
roadways as proposed. The design for N. Station Place within Caymus Cove Subdivision shall
meet the requirements of the turnarounds as approved by the Meridian Fire Department.
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, City Council believes that the
existing parcels in the area (south and north and east) have already developed 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." The applicant has provided an open space/drainage lot which meets the
requirements for development of five acres or more.
The existing character of the area will not change as this is one of the final infill developments in
the vicinity. 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.
Direct access shall not be taken from McMillan Road. Access shall be taken through the stub
streets as designed and directed to Bridgetower Crossing Subdivision. This will create additional
traffic, especially construction traffic during build-out for residences of Bridgetower Crossing
which could be considered disturbing to residents as arterial road must be taken through their
neighborhood.
Furthermore, a secondary/emergency access is shown with a connection through the existing
parcels easement across the McMillan fronting property, north of the proposed development due
to the length of the cul-de-sac.
The Commission and Council rely on any public testimony (oral and written) when determining
whether or not the proposed zoning and subsequent uses will be disturbing or hazardous to the
existing or future neighboring uses.
G. Will the area be served adequately by essential public facilities and services such as
highways, streets, police and fire protection, drainage structures, refuse disposal, water,
sewer or that the person responsible for the establishment of proposed zoning amendment
shall be able to provide adequately any of such services;
Caymus Cove Subdivision
Exhibit D
(<-
CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533
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 12,2005, a joint agency/department comments meeting was held with representatives
of key service providers to this property. Based on the joint agency/department meeting and other
comments received from agencies/departments, City Council finds that the public services listed
above can be made available to accommodate the proposed development. The Commission and
Council reference any written and/or verbal testimony submitted by any public service provider,
regarding their ability to adequately service this project.
H. Will not create excessive additional 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, City Council does not believe that the amount generated will be
detrimental to the general welfare of the public. City Council does not anticipate the proposed
annexation and subsequent uses will create excessive traffic, noise, smoke, fumes, glare, or odors.
J. Will the area have vehicular approaches to the property which shall be so designed as not to
create an interference with traffic on surrounding public streets;
The applicant is proposing to construct one public street extension into the site from Bridgetower
Subdivision which will connect with Under Road. ACHD is supportive of the proposed stub
street extensions as previously approved. The landscaping plan will be required to McMillan
Road. 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
Caymus Cove Subdivision
Exhibit D
CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533
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 lots that are similar in nature to existing subdivisions in
the near vicinity. City Council finds that all essential services are available or will be provided
by the developer to the subject property and will not require unreasonable expenditure of public
funds. The applicant is proposing to develop the land in general compliance with the City's
Comprehensive Plan. City Council does not recommend lot sizes that would be invasive to the
properties adjacent to the subject property but the lot sizes should be similar in nature and allow
additional residential densities and product opportunities for the general vicinity. Subdivisions of
medium density have already been approved for development to the south and this is a logical
expansion of the City limits for an infill project. In accordance with the findings listed above,
Citv Council finds that annexation and zonine: of this orooertv would be in the best interest of the
Qty,
PRELIMINARY PLAT FINDINGS
Sections 12-3-3 J.2 and 12-3-5 D read as follows: "In determining the acceptance of a proposed
subdivision, the Commission and Council shall consider the objectives of this title and at least the
following:
A. The conformance of the subdivision with the Comprehensive Development Plan;
City Council finds that the proposed application is in substantial compliance with the adopted
Comprehensive Plan. The proposed density of 3.75 dwelling units per acre (gross) is in the
recommended dwelling units per acre for the comprehensive designation. City Council supports
the proposed layout as a practical solution to address the constraints of infill development which
has design criteria dictated by previous developments. Please see Annexation and Zoning
Analysis "Item 7 above".
B. The availability of public services to accommodate the proposed development;
City Council finds that public services are available to accommodate the proposed development.
(See finding "Item 7 above" under Annexation and Zoning Analysis for more detaiL)
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,
City Council finds that the subdivision will not require the expenditure of capital improvement
funds.
D. The public financial capability of supporting services for the proposed development;
The City Council relies upon comments from the public service providers (i.e., police, fire,
ACHD, etc.) to determine this finding. (See finding "Item 7 above" under Annexation and Zoning
Analysis above, and the Agency Comments and Conditions at the end of this report for more
detail. )
Caymus Cove Subdivision
Exhibit D
CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533
E. The other health, safety or envit"onmental problems that may be brought to the
Commission's attention.
Lots 24 and 25 of Block I contain the existing home site and significant outbuildings for the
parcel of record. Along with the parcel of record is the recorded easement for ingress egress to
McMillan Road. The easement for the parcel of record will not be required to be vacated, but
shall be maintained as ingress egress for the adjacent parcel. The developer shall provide
appropriate temporary signagelbollards as to the designation of the existing driveway easement or
until the adjacent parcel to the east develops. No lots shall directly take frontage or access from
McMillan Road.
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.
VARIANCE FINDINGS
According to Ordinance 11-18-1, Variances, the Council may authorize in specific cases a
variance from the terms of either the Zoning or Subdivision Ordinance. Specifically, the
Ordinance lists the following Findings (MCCI1-18-3), all of which must be determined before
granting a variance:
" A. That there are such special circumstances or conditions affecting the property that
the strict application of the provisions of this Title would clearly be impracticable
or unreasonable;
City Council finds that because Bridgetower Crossing Subdivision only provided one
stub street to this property, strict compliance with Title 11 and 12 is impractical. In order
to comply with the cul-de-sac length maximum, Station Place would have to connect with
McMillan Road and a large box culvert would be required to cross the Settlers Canal. The
ACHD has not approved a public street access to McMillan Road for this development.
The applicant is proposing and the Fire Depmtment is supportive of an emergency access
to McMillan Road. City Council believes that requiring this property and applicant to
construct a public street to McMillan Road is not reasonable in this instance.
B. That strict compliance with the requirements of this Title would result in
extraordinary hardship to the owner, subdivider or developer because of unusual
topography, the nature or condition of adjacent development, other physical
conditions or other conditions that make strict compliance with this Title
unreasonable under the circumstances, or that the conditions and requirements of
this Title will result in inhibiting the achievements or the objectives of this Title;
Due to the nature of the adjacent Bridgetower Crossing Development and the location
of the Settlers Canal, City Council finds that strict compliance with the requirements of
Title 11 and 12 will result in a hardship to the applicant.
Caymus Cove SubdiviSion
Exhibit D
CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533
C. That the granting of the specified variance will not be detrimental to the public's
welfare or injurious to other property in the area in which the property is situated;
City Council finds that the variance to the standard cul-de-sac and block length will not
be detrimental to the public's welfare or injurious to other properties in the area, if all
conditions of the concurrent annexation and preliminary plat are complied with.
Further, the Council has granted cul-de-sac and block length variances to properties
with similar situations, and the City is unaware of any harmful impacts from these
variances.
D. That such variance will not have the effect of altering the interest and purpose of
this Title and the Meridian Comprehensive PIan.~'
City Council finds that the issuance of a variance for cul-de-sac length and block length
to allow the highest and best development of this property will not have the effect of
altering the purpose and/or interest of the Zoning Ordinance or the Comprehensive Plan.
Caymus Cove Subdivision
Exhibit D
CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF LAW AND
DECISION & ORDER
In the Matter of Annexation and Zoning of 59.30 Acres from RUT (Ada County) to R-8
(Medium Density Residential) AND Preliminary Plat Approval of Two-Hundred-Forty-
Five (245) Single-Family Residential Lots and Twenty-Seven (27) Other/Common Lots
AND Conditional Use Permit Approval for a Planned Development Consisting of Single-
Family Attached and Detached Homes, Accessory Dwelling nits, and a Potential Day Care
on 59.30 Acres, with Reduced Building Setbacks, Reduced Minimum Lot Frontages,
Reduced Minimum Lot Sizes, Reduced Minimum House Sizes, and Increased Maximum
Block Length, for Crossfield Subdivision, by Packard Estates Development, LLC. The
Case No(s): AZ-05-015, PP-05-017, CUP-05-022
For the City Council Hearing Date of: October 4, 2005
A Findings of Fact
L 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 propelty owners or purchasers of record within three hundred feet (300')
ofthe external boundaries ofthe property. The notice ofpublic 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 4, 2005, public
hearing(s). The applicant, affected property owners, and govemment subdivisions
providing services within the plal11lingjurisdiction of the City of Meridian were
given full opportunity to express comments and submit evidence.
b. Written and oral testimony was received on this matter, as reflected in the records
ofthe City Clerk (for written testimony) and in the official meeting minutes (for
oral testimony).
c. The Plmming 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 99 11-15-5 and 11-17-5 as
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ-05-0 15 I PP-05-0 17 ! CUP-05-022- PAGE I of 5
evidenced by the Affidavit of Mailing, and the Affidavit of Publication and Proof of
Posting filed with the staff report.
3. Application and Property Facts
a. In addition to the application and property facts noted in the staff report and the
Planning & Zoning Recommendation for the subject application(s), it is hereby
verified that the property oWller(s) of record at the time of issuance of these
findings is Edmonds Groves Land Holdings, Inc.
4. Required Findings per Zoning and Subdivision Ordinance
a. See Exhibits G, H, and I for the findings required for these applications.
B. Conclusions of Law
]. The City of Meridian shall exercise the powers conferred upon it by the "Local Land
Use Planning Act of] 975," codified at Chapter 65, Title 67, Idaho Code (LC. 967-
6503).
2. The Meridian City Council takes judicial notice of its Zoning, Subdivision and
Development Ordinances codified at Titles 11 and 12, Meridian City Code, and all
current zoning maps thereof. The City of Meridian has, by ordinance, established the
Impact Area and the Amended Comprehensive Plan ofthe City of Meridian, which was
adopted August 6, 2002, Resolution No. 02-382 and Maps.
3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code
S 11-17-9.
4. Due consideration has been given to the comment(s) received from the governmental
subdivisions providing services in the City of Meridian planning jurisdiction.
5. It is found public facilities and services required by the proposed development will not
impose expense upon the public if the attached conditions of approval are imposed.
6. That the City has granted an order of approval in accordance with this Decision, which
shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon
the applicant, the Planning and Zoning Department, the Public Works Department and
any affected party requesting notice.
7. That this approval is subject to the Legal Description in Exhibit A, the REVISED
PreliminalY Plat dated July 21,2005 (Revised 9-12-05) as shown in Exhibit B, the Site
Plan dated February] 5, 2005 as shown in Exhibit C, the Annexation and Zoning
Comments as shown in Exhibit D, the Preliminary Plat Site Specific and Standard
Conditions as shown in Exhibit E, and the CUP/PD Site Specific and Standard
Conditions as shown in Exhibit F. The conditions are concluded to be reasonable and
the applicant shall meet such requirements as a condition of approval of the application.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ-05-015! PP-05-017 ! CUP-05-022- PAGE 2 of5
C. Decision and Order
Pursuant to the City Council's authority as provided in Meridian City Code ~ 12-3-5 and
based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby
ordered that:
1. The applicant's Preliminary Plat as evidenced by having submitted the Preliminary
Plat dated July 21, 2005 (Revised September 12, 2005) is hereby conditionally
approved;
2. The applicant's Site Plan as evidenced by having submitted the Site Plan dated
February 15, 2005 is hereby conditionally approved; and,
3. The Site Specific and Standard Conditions are as shown in Exhibits E and F.
D. Notice of Applicable Time Limits
1. Notice of Eighteen (18) Month Conditional Use Pennit Duration
Please take notice that the conditional use pennit shall be valid for a maximum period
of eighteen (18) months unless otherwise approved by the council. During this time,
the permit holder must commence the use as pennitted in accordance with the
conditions of approval, satisfy the requirements set forth in the conditions of approval,
acquire building permits and commence construction of pennanent 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.)
2. Notice of Twelve (12) Month Preliminary Plat Duration
Please take notice that after the date of approval of the preliminary plat, the owner or
developer shall have one year within which to file the request for approval of the final
plat. After approval of final plat, the owner or developer shall have one year to begin
construction of the public utilities and one year thereafter to complete construction of
those public facilities. (MCC 12-2-4.B & C.)
E. Notice of Final Action and Right to Regulatory Takings Analysis
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ-05-0 15/ PP-05-0 [7 ! CUP-05-022- PAGE 3 of 5
1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may
request a regulatory taking analysis. Such request must be in writing, and must be filed
with the City Clerk not more than twenty-eight (28) days after the final decision
concerning the matter at issue. A request for a regulatory takings analysis will toll the
time period within which a Petition for Judicial Review may be filed.
2. Please take notice that this is a final action of the governing body of the City of
Meridian, pursuant to Idaho Code ~ 67-6521 an affected person being a person who has
an interest in real propeliy which may be adversely affected by the issuance or denial of
the conditional use permit approval may within twenty-eight (28) days after the date of
this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho
Code.
F. Exhibits
Exhibit A: Legal Description
Exhibit B: Approved Preliminary Plat (with conditions)
Exhibit C: Site Plan (with conditions)
Exhibit D: A1mexation and Zoning Comments
Exhibit E: Preliminary Plat Site Specific and Standard Conditions
Exhibit F: CUP/PD Site Specific and Standard Conditions
Exhibit G: Zoning Amendment Findings
Exhibit H: Preliminary Plat Findings
Exhibit I: CUP/PD Findings
/ g -I!:::. day of
By action of the City Council at its regular meeting held on the
()ckhvv ,2005.
COUNCIL MEMBER SHAUN WARDLE
VOTED~
VOTED~
VOTED~
VOTED~
VOTED~
COUNCIL MEMBER CHRISTINE DONNELL
COUNCIL MEMBER CHARLIE ROUNTREE
COUNCIL MEMBER KEITH BIRD
MAYOR TAMMY de WEERD
(TIE BREAKER)
~
MayorTa y e WeeI'd -
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ-05-0 I 5! PP-05-017 I CUP-05-0n- PAGE 4 of 5
and City Attorney.
By:
City Clerk's Office
ShM rnuM"'-
Dated:
/ 0- 275 -tl~
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NOeS). AZ-05-0 15 I PP-05-0 17 ! CUP-05-022- PAGE 5 of 5
EXHIBIT A
Crossfield Subdivision
AZ-05-015
Legal Description
n:
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I..b IS OS 05:03" r"~tEY'S LAND SURVE.YHIG
TEAlEY'S LAND 2501 Bogu5 Oa$il1 Fld" . BOise, JeL1ho 83702
SURVEYING (208) 385-0636
Fax (208) 31lS-06SS
Project No.: 2608
Dale: February 16,2005
DESCRIPTION
FOR
PACKARD ESTATES.LLC
SEMUNrCH PARCEL
A parcel of land being a portion of lhe East ~ NW Y. of Section 1, T3N,
R.1W., 8M., Meridian, Ada County, Idaho and more particUlarly described as
follows
COMMENCING al a Brass Cap marking lhe North X Corner of said Section
1; Thence along the North Line of government Lot 3 of said Section 1,
North 88"42'32" West 20.00 feet to Ihe POINT 01= BEGINNING: Thence
leaving said North line, and along a Une being 20,00 feel {20') Westerly of and
parallel with Ihe East Line of said Government Lot 3,
South 00"07'35" Wes11340]S feet to a point being on the Soulh Line of said
Governmenl LOl3; Thence leaving said parallel line, and along said South line,
North 89015'40" West 644.63 feet to a paint marking Ihe Southwest Corner of
the Easl }{, of said Government lot 3; Thence leaving said South Une. and along the
Easl Une of the West Yo of Ihe SE X NW X of said Section 1,
SOJ../th 00'05'33' West 1308.14 Feet 10 a point being on the North Une of a
Certain Quit Claim deed on file under Instrument No. 100089634 In the Office of Ihe
Ada County Recorder; Thence leaving said East Une, and along Ihe North Une of
said Quit Claim deed,
North 89"27'28" West 344.94 feel to a point; Tnence continuing,
North 59027'05" West 370.05 feet 10 a point on the West Une of the West y.
of Ihe SEX NW X of said Section 1, Thence leaving said North Une, and along Ihe
Wast Line of the West Y. of the Sf y. NW Y. of said Section 1,
North 00"03'32" Easl11S0.71 feet 10 an iron pin being on the South Une 01 a
Certain Quit Claim deed on nle under Instrument No. 101004na in 1he Office of the
Ada Counly Recorder; Thence leaVing said West Une, and along the South Une of
said QUft Claim deed,
South 89'05'12" East 9.45 feel 10 a point marking the Southeast Corner of
said Qull Claim deed; Thence leaving said South Line, and along the East Line of
said Quit Claim deed,
North 00"39'13" East 1327.77 feel to a poinl being on the North Line of said
Government lot 3: Thence leaving said East Line, and along the North line or said
Governmenl LOI 3,
~.~. .. South 88042'32" Eas11287.80 feel to the POINT OF BEGINNING:
Wiii!~#~ S"d "-I Con ",., ...,. A,,,,,, <no", 0' !....
If M~ g _ ,~'r/',!V_
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EXHIBIT B
Crossfield Subdivision
PP-OS-O 17
Approved Preliminary Plat
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EXHIBIT C
Crossfield Subdivision
CUP-05-022
Site Plan
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1:" r~
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EXHIBIT D
Crossfield Subdivision
AZ-05-015
Annexation and Zoning Comments
ANEXATION & ZONING FACTS AND COMMENTS
1. The annexation legal description submitted with the application (stamped by
Lawrence H. Koemer, PLS) shows the property as contiguous to the existing
corporate boundary of the City of Meridian.
EXHIBIT E
Crossfield Subdivision
PP-05-017
Preliminary Plat Site Specific and Standard Conditions
SITE SPECIFIC CONDITIONS-PRELIMINARY PLAT
1. All comments and conditions of the accompanying Annexation and Zoning (AZ-
05-015) and Conditional Use Permit (CUP-05-022) application shall also be
considered conditions of the Preliminary Plat (PP-05-0I?). The preliminary plat
prepared by Engineering Solutions, LLP, dated July 21, 2005, is approved, with
the conditions listed herein.
2. Based on the original preliminary plat, Lots 2 - 20, Block 4, shall become one lot,
with the exception of Lot 5, which may be on a separate lot.
To obtain a residential density closer to the target of eight dwellings per acre,
preliminary plat should be amended to designate at least 12 lots on the north side
ofW. Jasper Street that will be required to contain accessory dwelling units.
3. The proposed alleys in Blocks 2, 5, 6, and 8, shall be constructed with a minimum
driving surface of at least 16- feet and shall either be located in 20- foot wide
common lots OR dedicated to ACHD.
4. Sewer and water systems shall be floodproofed and approved by the District
Health Department of the Department of Health and Welfare. The main floor of
buildings and structures shall be a minimum of one foot above the elevation of the
lOa-year flood level. No basement floor shall be below this one-foot safety
margin. Foundations of all structures shall be designed and constructed to
withstand flood conditions at the site. Prior to signature of the final plat(s), the
applicant shall provide to the City an engineer's certification that the above
requirements have been fulfilled.
5. Staff is concerned about the potential effects of high groundwater in the proposed
project area. Two significant waterways affect this property: the Creason Lateral
running through the center of this property and Five Mile Creek along the
southern boundary of this project. Conventional wisdom holds that the shallow
ground water table recedes once development occurs and agricultural irrigation
ceases and waterways are tiled. However, every year a number of homeowners
contact the Public Works Department regarding water in their crawl spaces in
developments that have been completely built out. Applicant's engineer will be
required to submit a signed, stamped statement celtifying that all street finish
centerline elevations are set a minimum of three feet above the highest established
seasonal high groundwater elevation.
6. Due to proposed development in a flood plain the applicant shall obtain a letter of
map revision from FEMA, which modifies the flood plain boundary to be
contained within the banks of Five Mile Creek, OR all buildings must comply
with MCC 10-6-5. Meridian City Code 10-6-5 outlines general standards for
building in a flood plain, this code includes but is not limited to the following:
a. All new constmction shall be anchored to prevent flotation.
b. All building utility systems, including electrical, heating, ventilation,
plumbing, air conditioning, ductwork and other service facilities shall be
elevated above the BFE or otherwise protected so that floodwaters cannot
enter or accumulate within the system components during flood stage.
c. An adequate drainage system that removes floodwaters from the interior
of the crawl space, within a reasonable time after a flood event shall be
required for all homes with a below grade crawl space. The design of the
drainage plan shall be approved by the public works department prior to
the issuance of a building pennit.
d. Applicants building below grade crawl spaces within the floodplain shall
be notified that flood insurance premiums will not be able to be
determined by agents using the NFIP flood insurance manual. They must
submit for a special rating under the "submit to rate process" by an
underwriter familiar with below grade crawl space construction.
e. The lowest finished floor area of the residential structures shall be
elevated to be no less than twelve inches (12") above the flood elevation.
7. Due to relatively high existing groundwater levels, applicant shall submit a
Master Grading and Drainage plan as part of the development plans to be
submitted with each phase of this development. The Master Grading and Drainage
plan shall include at a minimum the following:
a.) Groundwater contours for this development at peak seasonal high
depth.
b.) Finish floor elevation for all houses in this development.
c.) Elevation of crawl space for all houses in this development.
d.) Finish grade elevation at each lot corner.
e.) Drainage flow patterns on all lots.
Applicant shall maintain a minimum of five ground water monitoring wells in
project, at locations approved by the Public Works Department. Applicant shall
continue monthly ground water monitoring for two years after final approval of
each phase and provide information to the Public Works Department.
If structural fill is to be placed on any lot, material specifications and compaction
requirements shall be detailed and submitted to Public Works and the Building
Department.
If slab-on-grade construction is utilized in conjunction with typical footings,
builders of each lot shall comply with all requirements contained in the
International Building Code regarding slab-on-grade construction. The builder of
each lot shall provide fill material gradation certification and a minimum of one
compaction testing report per 500 square feet of first floor area (including garage)
and provide such reports to the Meridian Building Depariment prior to
commencement of any fi"aming.
The Master Grading and Drainage Plan must be approved by the Public Works
Department prior to overall plan approval. Builders must provide finish floor and
crawl space elevation certification for each house prior to issuance of celiificate
of occupancy.
8. Constmct a 1 O-foot wide pathway in common Lots 5 and 9, Block 17, that tie into
the existing multi-use pathway on the north side of the Five Mile Creek, as
proposed. Constmct a 10-foot wide multi-use pathway along, or in the t!eneral
yicinity of. the Creason Lateral. The applicant shall construct said pathwayaleftg
near the Creason Lateral from the east property line (adjacent to Simunich 7
acres) to the west property line (adjacent to the Kellogg 5.6 acres) so that it can be
extended in both directions in the future. The applicant shall work with the City
Parks Department ~ to acquire the necessary approvals tln"ough the
City's Master Pathway Agreement with the Nampa Meridian Irrigation District
(NMID). If NMID will not allow the Creason Lateral nathway to be placed
within their easement (because the lateral is onen). then the annlicant shall
construct the nathway in a common lot outside of NMID's easement. The
applicant shall confonn to the Parks Department's standards for construction of
the pathway. AIl landscaping adjacent to the pathway must be maintained by the
Home Owners' Association.
9. Except for the Five Mile Creek and the Creason Lateral, 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 (including the Flack Drain). Plans will need to be approved by the appropriate
irrigation and/or 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.
10. A detailed fencing plan shall be submitted upon application of the final plat. The
applicant has proposed to constmct a vinyl fence along the exterior boundary of
the subdivision. If permanent fencing is not provided prior to issuance of building
permits, temporary constmction fencing to contain debris must be installed
around the perimeter prior to issuance of building permits. All fences shall taper
down to 3-feet maximum within 20 feet of all right-of-way. Fences adjacent to
pathways are recommended to be see-tlu'ough. If solid fencing is used adjacent to
pathways it shall not exceed four feet in height. A note restricting fencing directly
adjacent to the multi-use pathways and micropaths shall be placed on the face of
all final plats containing pathways. All fencing shall be installed in accordance
with MCC 12-4-10.
11. Prior to signature of the final plat by the City Engineer, all buildings that span
across proposed lot lines and/or do not meet the setback requirements of the zone
and/or are not principally permitted buildings shall be removed, as proposed.
12. The submitted three-page landscape plan prepared by Harvest Design, Inc., dated
2-14-05 is approved as submitted, with the following modifications:
· Construct either a 25-foot wide landscape buffer OR a 3D-foot wide landscape
buffer along Ustick Road. If the sidewalk for Ustick Road is constructed within
the right-of-way, the buffer shall be 25-feet. The width of the landscape buffer
shall be 3D-feet if the sidewalk is constructed within the common lot. In
accordance with MCC 12-13-10, install one tree within said buffer for every 35-
feet of frontage on the Ustick Road right-of-way.
· In addition to sidewalk, construct a minimum 10-foot wide gravel shoulder along
Ustick Road and landscape the remaining portion of the right-of-way with lawn or
other ACHD approved ground cover.
· The applicant shall work with the City Arborist, Elroy Huff, on designing,
adopting, and implementing a protection and mitigation plan for the existing trees
on site.
· All micropaths within the proposed subdivision shall be designed in accordance
with MCC 12-13-15 "Micropath Landscaping" and MCC 12-4-3 "Pedestrian
Walkways." Micropath fencing shall be constructed per MCC 12-13-15-9.
· All areas being counted toward the open space requirement shall be free of "wet
ponds" or other such nuisances. All stormwater detention facilities incorporated
into the required open space are subject to Ordinance 12-13-14 and shall be fully
vegetated with grass and trees, as depicted on the submitted landscape plan.
The proceeding modifications and notes should be shown on a revised landscape
plan submitted with the final plat application.
13. The applicant has indicated that the Nampa-Meridian lnigation District will own
and operate the pressurized irrigation system within this development.
Underground vear-round pressurized inigation must be provided to all lots within
this development. The City of Melidian requires that pressurized inigation
systems be supplied by a year-round source of water. The applicant shall be
required to utilize any existing surface or well water for the primary source. If a
surface or well source is not available, a single-point connection to the culinary
water system shall be required. If a single-point connection is used, the developer
shall be responsible for the payment of assessments for the common areas prior to
signature on the final plat by the City Engineer.
14. Maintenance of all common areas shall be the responsibility of the Crossfield
Homeowners' Association.
15. Sanitary sewer for this development is being proposed via extensions of an
existing trunk line that is located in this property, and fi'om stubs that are cunently
under construction in Ustick Road. The sewer mains coming from Ustick Road
that are not in the ACHD right-of-way shall be centered in 20-foot wide
easements which shall be free from large landscaping and other fixed vertical
objects. If there are manholes out of the ACHD right-of-way, an all weather
access road shall be installed to Meridian Public Works Standards. Subdivision
designer to coordinate main sizing and routing with the Public Works
Department. Minimum cover over sanitary sewer mains is three feet as measured
fi-om the top of the pipe to finish grade. If cover is less than three feet from sub-
grade to the top of pipe, alternate pipe materials shall be used per the Meridian
Public Works Depatiment's Standard Specifications. Applicant shall execute City
of Meridian standard fonus of easements, for any mains that are required to
provide service.
16. Municipal water to this site shall be via extensions fi.-om existing mains in Ustick
Road. The applicant shall provide an easement through common Lot 5 Block
l7(as labeled on the preliminary plat dated 2/15/05), to allow for a future
connection to the main in NW 11 th Avenue. Applicant shall be responsible to
construct water mains to and through this proposed development, thereby making
them available to adjacent properties. Subdivision designer to coordinate main
sizing and routing with the Public Works Department. Applicant shall execute
City of Meridian standard fonus of easements, for any mains that are required to
provide service.
1'7. In aElElitisft to the smb skeets f1rS138seEl, f1re y iEle aa aElElitieRal smB skeet te the '7
aere J3areel te the s8l:lth ITem SefBmerSB) Do e. tIe more than t e staB street
eKteasisas shel:lIEl 6e reEl i:lireEl ints the '7 asre f1r8}3(11) ift the futare.
18. Other than the public street accesses approved by ACHD, direct lot access to
Ustick Road is prohibited.
GENERAL REOUIREMENTS-PRELIMINARY PLAT
1. Sidewalks shall be installed within the subdivision and on the perimeter of the.
subdivision pursuant to MCC 12-13-10-8.
2. A detailed landscape plan, in compliance with the landscape and subdivision
ordinance and as noted in this report, shall be submitted for the subdivision with
the final plat application.
3. Coordinate fire hydrant placement with the City of Meridian Public Works
Department.
4. Staff's failure to cite specific ordinance provisions or terms of the approved
annexation and conditional use does not relieve the applicant of responsibility for
compliance.
5. Preliminary plat approval shall be subject to the expiration provisions set forth in
MCC 12-2-4.
OTHER AGENCY/DEPARTMENT COMMENTS & CONDITIONS
MERIDIAN PUBLIC WORKS DEPARTMENT
1. Street signs are to be in place, water system shall be approved and activated, fencing
shall be installed, drainage lots constructed, road base shall be approved by the Ada
County Highway District, and the Final Plat for this subdivision shall be recorded,
prior to applying for building permits.
2. A letter of credit or cash surety in the amount of 110% will be required for all
uncompleted fencing, landscaping, amenities, pressurized irrigation, sanitary sewer,
water, etc., prior to signature on the final plat
3. All development improvements, including but not limited to sewer, fencing, micro-
paths, pressurized irrigation and landscaping shall be installed and approved prior to
obtaining certificates of occupancy.
4. Applicant shall be required to pay Public Works development plan review, and
construction inspection fees, as determined during the plan review process, prior to
signature on the final plat per Resolution 02-374.
5. Preliminary plat approval shall be subject to the expiration provisions set forth in
MCC 12-2-4.
6. It shall be the responsibility of the applicant to ensure that all development features
comply with the Americans with Disabilities Act and the Fair Housing Act.
7. Applicant shall be responsible for application and compliance with and NPDES
Pennitting that may be required by the Environmental Protection Agency.
8. Applicant shall be responsible for application and compliance with any Section 404
Pennitting that may be required by the Army Corps of Engineers.
9. Developer shall coordinate mailbox locations with the Meridian Post Office.
10. All grading ofthe site shall be performed in confonnance with MCC 11-12-3H.
11. Compaction test results shall be submitted to the Meridian Building Department for
all building pads receiving engineered backfill, where footing would sit atop fill
material.
12. Any existing domestic wells and/or septic systems within this project shall be
removed from domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells
may be used for non-domestic purposes such as landscape irrigation.
13. Please submit all updated groundwater and soils monitoring data to the Public Works
Department for review. Any drainage areas (detention and/or retention basins) must
be designed to ensure that water is retained only dUling 1 DO-year stonn events, and
for a period of time not to exceed 24 hours. Side slopes within drainage areas shall
not exceed 3: 1. Any portion of a drainage area not improved with sod or grass seed
(or other approved landscaping) shall not count towards the required open space area.
The project engineer should pay close attention to the results of field studies
determining the groundwater, soil type & and characteristics during the design and
construction phases. The engineer shall be required to certify that the street centerline
elevations are set a minimum of 3-feet above the highest established normal
groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces
of homes is at least I-foot above.
14. Two-hundred-fifty and One hundred watt, high-pressure sodium streetlights shall be
required at locations designated by the Public Works Department. All streetlights
shall be installed at subdivider's expense. Typical locations are at street intersections
and/or fire hydrants. Final design locations and quantity are determined after power
designs are completed by Idaho Power Company. The street light contractor shall
obtain design and permit from the Public Works Department prior to commencing
installations.
15. Applicant's engineer shall be required to submit a signed, stamped statement
certifying that all street finish centerline elevations are set a minimum of three feet
above the highest established nonnal groundwater elevation.
MERIDIAN FIRE DEPARTMENT
1. One and two family dwellings will require a fire-flow of 1,000 gallons per minute
available for duration of 2 hours to service the entire project. Fire hydrants shall be
placed an average of 500' apart. International Fire Code Appendix C
2. Acceptance of the water supply for fire protection will be by the Meridian Fire
Department and water quality by the Meridian Water Department for bacteria
testing.
3. Final Approval of the fire hydrant locations shall be by the Meridian Fire
Department.
a. Fire Hydrants shall have the 4 W' outlet face the main street or parking lot
aisle.
b. The Fire hydrant shall not face a street which does not have addresses on
it.
c. Fire hydrant markers shall be provided per Public Works spec.
d. Locations with fire hydrants shall have the curb painted red 10' to each
side ofthe hydrant location.
e. Fire Hydrants shall be placed on comers when spacing permits.
f. Fire hydrants shall not have any vertical obstructions to outlets within 10'.
g. Fire hydrants shall be place 18" above finish grade.
h. Fire hydrants shall be provided to meet the requirements of the IFC
Section 509.5.
4. The phasing plan may require that any roadway greater than 150' in length that is
not provided with an outlet shall be required to have an approved turn around.
5. All entrance and internal roads shall have a turning radius of 28' inside and 48'
outside radius.
6. Operational fire hydrants, temporary or pennanent street signs and access roads with
an all weather surface are required before combustible construction is brought 011
site.
7. To increase emergency access to the site a minimum of two points of access will be
required for any portion of the project, which serves more than 50 homes. The two
entrances should be separated by 110 less than ~ the diagonal measurement of the
full development.
8. Building setbacks shall be per the International Building Code for one and two
story construction.
9. The proposed 245-lot subdivision with an estimated 2.9 residents per household
would have a total estimated population of7ll residents at build out.
10. The fire department requests that any future signalization installed as the result of
the development of this project be equipped with Opticom Sensors to ensure a
safe and efficient response by fire and emergency medical service vehicles. This
cost of this installation is to be borne by the developer
11. Maintain a separation of 5' from the building to the dumpster enclosure.
12. Provide a Knoxbox entry system for the clubhouse prior to occupancy.
13. All aspects of the building systems (including exiting systems), processes & storage
practices of the chemicals for the pool shall be required to comply with the
International Fire Code.
14. Where a portion of the facility or building hereafter constructed or moved into or
within the jurisdiction is more than 400 feet (122 m) from a hydrant on a fire
apparatus access road, as measured by an approved route around the exterior of the
facility or building, on-site fire hydrants and mains shall be provided where required
by the code officiaL For buildings equipped throughout with an approved automatic
sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2 the
distance requirement shall be 600 feet (183).
a. For Group R-3 and Group U occupancies, the distance requirement shall be
600 feet (183 m).
b. For buildings equipped throughout with an approved automatic sprinkler
system installed in accordance with Section 903.3.1.1 or 903.3.1.2, the
distance requirement shall be 600 feet (183 m).
MERIDIAN PARKS DEPARTMENT
1. Pathway and Trail standards: Constmction of the proposed pathway and/or trail
shall be coordinated with the Parks Department
2. Standard for City to assume Maintenance of a section of Pathway: The pathway
must connect from one major arterial to another, and either an easement or
ownership deed must be granted before the city will assume the maintenance of
any section of pathway.
MERIDIAN POLICE DEPARTMENT
1. The Meridian Police Department requests that open-vision fencing be constmcted
along the Five Mile and Creason pathways.
CENTRAL DISTRICT HEAL TO DEPARTMENT
1. This proposal can be approved for central sewage & central water after written
approval from appropriate entities is submitted.
2. The Applicant's central sewage and central water plans must be submitted to and
approved by the Idaho Department of Health & Welfare, Division of
Enviromnental Quality.
3. Run-off is not to create a mosquito breeding problem.
4. Stonnwater shall be pretreated through a grassy swale prior to discharge to the
subsurface to prevent impact to groundwater and surface water quality.
5. The Engineers and architects involved with the design of the subject project shall
obtain current best management practices for stormwater disposal and design a
stormwater management system that prevents groundwater and surface water
degradation.
NAMPA & MERIDIAN IRRIGATION DISTRICT
1. Nampa & Meridian Irrigation District requires that a Land Use Change
Application be filed, for review, prior to final platting.
2. All laterals and waste ways must be protected. The District's Five-Mile Drain
courses along the south boundary 0 this proposed project. The District's Creason
Lateral also courses through a portion of this proposed project. Theses easements
must be protected. Any encroac1ul1ent without a signed license agreement and
approved plan, before any construction is started, is unacceptable.
3. All municipal surface drainage must be retained on site. If any municipal surface
drainage leaves the site, the Nampa & Melidian Irrigation District must review
drainage plans.
4. The developer must comply with Idaho Code 31-3805. It is recommended that
irrigation water be made available to all developments within the Nampa &
Meridian Irrigation District.
ADA COUNTY HIGHWAY DISTRICT
Site Svecific Conditions of Avvroval
1. Dedicate 48-feet of right-of-way from the centerline of Us tick Road abutting the
parcel by means of a warranty deed. The right-of-way purchase and sale
agreement and deed must be completed and signed by the applicant prior to
scheduling the final plat for signature by the ACHD Commission or prior to
issuance of a building penl1it (or other required permits), whichever occurs first.
Allow up to 30 business days to process the right-of-way dedication after receipt
of all requested material. The owner will be paid the fair market value of the
right-of-way dedicated which is an addition to existing ACHD right-of-way. OR
The applicant may dedicate 38-feet of right-of-way (with compensation) from the
centerline and provide a minimum 1 O-foot wide sidewalk easement.
2. Construct a 5-foot wide detached sidewalk 011 Ustick Road abutting the site a
minimum of 41-feet from the centerline ofthe roadway. If the sidewalk is located
outside ofthe right-of-way provide a sidewalk easement.
3. Construct all local streets as 36-foot street sections with curb, gutter, and 5-foot
wide concrete sidewalks within 50-feet of right-of-way.
4. The main entrance roadway shall be constructed as a 36-foot wide residential
collector (vertical curb, gutter and sidewalk and sign for "NO PARKING" from
Ustick Road to Jasper Street, the second public street intersection off of Us tick
Road.
5. Sidewalks are required on both sides of all of the new streets within the
subdivision. The sidewalks may be 5-foot wide attached sidewalks or 4-foot wide
detached sidewalks with a 5-foot wide landscape strip. Detached sidewalks may
be located in an easement.
6. Locate the main entrance as proposed to intersect Ustick Road approximately
600-feet west of Venable Lane.
7. Construct left and right turn lanes on Ustick Road at the main entrance.
Coordinate the length and design of the turn lanes with District staff. The
applicant will not be compensated for right-of-way required for the turn lanes.
8. Construct stub streets to the east, south and west as proposed. A sign shall be
installed at the tenninus of the stub street stating that, tlTHIS ROAD WILL BE
EXTENDED IN THE FUTURE. It In addition, a stub street must meet the
following conditions: a) A stub street shall be designed to slope towards the street
intersection and drain surface water toward that intersection, unless a satisfactory
stonn drain system is installed and b) The District may require appropliate
covenants guaranteeing that the stub street will remain free of obstructions.
9. Extend all existing or proposed stub streets into the site as proposed.
10. Islands shall be constructed a minimum of 4-feet wide with a minimum area of
1 OO-square feet and designed to safely chmmel traffic. The roadway on either
side of the traffic island shall maintain a minimum of a 21- foot street section and
additional right-of-way shall be dedicated to accommodate the roadway section.
District policy also requires any proposed landscape islands/medians within the
public right-of-way dedicated by this plat shall be owned and maintained by a
homeowners association. Notes of this shall be required on the final plat. The
design shall be reviewed and approved by ACHD's Development staff.
11. The proposed alleys may be constructed as public alleys, subject to all ACHD
policies.
12. The future Daycare Facility driveways shall be reviewed and approved with a
future application.
13. Direct lot access to Ustick Road is prohibited and shall be noted on the final plat.
14. Comply with all Standard Conditions of ApprovaL
Standard Conditions of Avvroval
1. Any existing irrigation facilities shall be relocated outside of the light-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 of Idaho shall
prepare and celiify all improvement plans.
6. The applicant shall submit revised plans for staff approval, prior to issuance of
building permit (or other required pennits), which incorporates any required
design changes.
7. Construction, use and property development shall be in conformance with all
applicable requirements of the Ada County Highway District prior to District
approval for occupancy.
8. Payment of applicable road impact fees are required prior to building construction
in accordance with Ordinance #200, also known as Ada County Highway District
Road Impact Fee Ordinance.
9. It is the responsibility 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 tenus and conditions of this approval shall be valid unless they
are in wliting 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 confinnation of
any change from the Ada County Highway District.
11. Any change by the applicant in the planned use of the property which is the
subject ofthis application, shall require the applicant to comply with all rules,
regulations, ordinances, plans, or other regulatory and legal restrictions in force at
the time the applicant or its successors in interest advises the Highway Distlict of
its intent to change the planned use of the subject propeliy unless a
waiver/variance of said requirements or other legal relief is granted pursuant to
the law in effect at the time the change in use is sought.
EXHIBIT F
Crossfield Subdivision
CUP-05-022
CUP/PD Site Specific and Standard Conditions
SITE SPECIFIC CONDITIONS-CONDITIONAL USE PERMIT
1. The site plan prepared by Engineering Solutions, LLP, dated February 15, 2005,
is approved, with the conditions listed herein. Applicant shall meet all of the
requirements of the Annexation and Zoning (AZ-05-015) and Preliminary Plat
(PP-05-0l7) as a condition of the Conditional Use Pennit (CUP-05-022).
2. The project shall conform to the R-8 dimensional standards, except as follows:
· Lot Size - 6,380, sq. ft. (minimum)(detached)
5,000 sq. ft.(minimum)(detached, patio home)
4,200 sq. ft.(minimum)(detached, alley loaded)
3,950 sq. ft. (minimum)
. Lot Frontage -
50 feet (minimum, detached)
34 feet (minimum, alley loaded)
40 feet (minimum, attached)
15 feet (cul-de-sac)**
· House Size-l,300 sq. ft. (detached)
R'd . I B 'Id' b k
. eSt entIa Ul IDe Set ac s-
Detached (not Detached Attached
alley loaded) (alley loaded)
Front & Street Side (Living Space) 15 feet 12 feet 15 feet
Front or alley (Face of Garage)*** 20 feet 5 feet 20 feet
Rear 15 feet 20 feet (for 15 feet
primary
building
living area) &
5 feet for
accessory
dwelling
Interior Side* 5 feet 5 feet 0' feet one side, 5
feet opposite side
* No additional setback per story
** Any lot with 20 feet or less of frontage shall be required to share a common driveway
with an adjacent lot(s).
*** Face of garage setbacks shall be measured from the property line or the back of
sidewalk for detached units and from the property line or the edge of the driving lane
for alley loaded units, whichever is more restlictive.
3. As amenities for the subject platmed development, construct: a 10-foot wide
asphalt pathway leading to the existing pathway along the Five Mile Creek; a 10-
foot wide pathway along the Creason Lateral; set aside 5.45 acres of common
areas; and construct a pool with restrooms and changing areas, a splash pad, and
play area within Lot 1, Block 12.
4. Any future day care use on Lot 5, Block 4, shall be required to obtain separate
CUP approval.
5. All detached lots shall be allowed to contain accessory dwellings (if an accessory
use permit is obtained). At a minimum, twelve of the lots within this development
shall contain accessory dwelling units.
6. Construction within Crossfield Subdivision shall substantially comply with the 17
elevations submitted by the applicant. Construction matelials used on the
structures shall be approved by the City of Meridian Building Department and in
accordance with the most recent Building Code.
OTHER AGENCYIDEPARTMENT COMMENTS & CONDITIONS
MERIDIAN PUBLIC WORKS DEPARTMENT
1. Street signs are to be in place, water system shall be approved and activated, fencing
shall be installed, drainage lots constructed, road base shall be approved by the Ada
County Highway District, and the Final Plat for this subdivision shall be recorded,
prior to applying for building pennits.
2. A letter of credit or cash surety in the atnount of 110% will be required for all
uncompleted fencing, landscaping, amenities, pressurized irrigation, sanitary sewer,
water, etc., prior to signature on the final plat
3. All development improvements, including but not limited to sewer, fencing, micro-
paths, pressurized irrigation and landscaping shall be installed and approved prior to
obtaining certificates of occupancy.
4. Applicant shall be required to pay Public Works development plan review, and
construction inspection fees, as determined during the plan review process, prior to
signature on the final plat per Resolution 02-374.
5. Preliminary plat approval shall be subject to the expiration provisions set forth in
MCC 12-2-4.
6. It shall he the responsibility of the applicant to ensure that all development features
comply with the Americans with Disabilities Act and the Fair Housing Act.
7. Applicant shall be responsible for application and compliance with and NPDES
Pennitting that may be required by the Environmental Protection Agency.
8. Applicant shall be responsible for application and compliance with any Section 404
Pennitting that may be required by the Army Corps of Engineers.
9. Developer shall coordinate mailbox locations with the Melidian Post Office.
10. All grading ofthe site shall be perfonned in confonnance with MCC 11-12-3H.
11. Compaction test results shall be submitted to the Meridian Building Department for
all building pads receiving engineered backfill, where footing would sit atop fill
material.
12. Any existing domestic wells and/or septic systems within this project shall be
removed from domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells
may be used for non-domestic purposes such as landscape irrigation.
13. Please submit all updated groundwater and soils monitoling data to the Public Works
Department for review. Any drainage areas (detention and/or retention basins) must
be designed to ensure that water is retained only during 100-year storm events, and
for a period of time not to exceed 24 hours. Side slopes within drainage areas shall
not exceed 3: 1. Any portion of a drainage area not improved with sod or grass seed
(or other approved landscaping) shall not count towards the required open space area.
The project engineer should pay close attention to the results of field studies
detennining the groundwater, soil type & and charactelistics dUling the design and
constmction phases. The engineer shall be required to certify that the street centerline
elevations are set a minimum of 3-feet above the highest established normal
groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces
ofholUes is at least I-foot above.
14. Two-hundred-fifty and One hundred watt, high-pressure sodium streetlights shall be
required at locations designated by the Public Works Department. All streetlights
shall be installed at subdivider's expense. Typical locations are at street intersections
and/or fire hydrants. Final design locations and quantity are detennined after power
designs are completed by Idaho Power Company. The street light contractor shall
obtain design and pennit from the Public Works Department prior to conunencing
installati ons.
15. Applicant's engineer shall be required to submit a signed, stamped statement
celiifying that all street finish centerline elevations are set a minimum of three feet
above the highest established normal groundwater elevation.
MERIDIAN FIRE DEPARTMENT
1. One and two family dwellings will require a fire-flow of 1,000 gallons per minute
available for duration of 2 hours to service the entire project. Fire hydrants shall be
placed an average of 500' apali. Intemational Fire Code Appendix C
2. Acceptance of the water supply for fire protection will be by the Melidian Fire
Department and water quality by the Meridian Water Department for bacteria
testing.
3. Final Approval of the fire hydrant locations shall be by the Meridian Fife
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 hydratlt location.
e. Fi1'e Hydrants shall be placed on corners when spacing pennits.
f. Fire hydrants shall not have any vertical obstructions to outlets within 10'.
g. Fire hydrants shall be place 18" above finish grade.
h. Fire hydrants shall be provided to meet the requi1'ements of the IFC
Section 509.5.
4. The phasing plan may require that any roadway greater than 150' in length that is
not provided with an outlet shall be required to have an approved turn around.
5. All entrance and internal roads shall have a turning radius of 28' inside and 48'
outside radius.
6. Operational fire hydrants, temporary or permanent street signs and access roads with
an all weather surface are 1'equired before combustible construction is brought on
site.
7. To increase emergency access to the site a minimum of two points of access will be
required for any portion of the project, which serves more than 50 homes. The two
entrances should be separated by no less than Y2 the diagonal measurement of the
full development.
8. Building setbacks shall be per the International Building Code for one and two
story construction.
9. The proposed 245-lot subdivision with an estimated 2.9 residents per household
would have a total estimated population of 711 residents at build out.
10. The fire department requests that any future signalization installed as the result of
the development of this project be equipped with Opticom Sensors to ensure a
safe and efficient response by fire and emergency medical service vehicles. This
cost of this installation is to be bome by the developer
11. Maintain a separation of 5' from the building to the dumpster enclosure.
12. Provide a Knoxbox entry system for the clubhouse pIior to occupancy.
13. All aspects of the building systems (including exiting systems), processes & storage
practices of the chemicals for the pool shall be required to comply with the
Intemational Fire Code.
14. Where a portion of the facility or building hereafter constructed or moved into or
within the jurisdiction is more than 400 feet (122 m) from a hydrant on a fire
apparatus access road, as measured by an approved route around the exterior of the
facility or building, on-site fire hydrants and mains shall be provided where required
by the code officiaL For buildings equipped throughout with an approved automatic
sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2 the
distance requirement shall be 600 feet (183).
a. For Group R-3 and Group U occupancies, the distance requirement shall be
600 feet (183 m).
b. For buildings equipped throughout with an approved automatic sprinkler
system installed in accordance with Section 903.3.1.1 or 903.3.1.2, the
distance requirement shall be 600 feet (183 m).
MERIDIAN PARKS DEPARTMENT
1. Pathway and Trail standards: Construction of the proposed pathway and/or trail
shall be coordinated with the Parks Department.
2. Standard for City to assume Maintenance of a section of Pathway: The pathway
must c0111lect from one major arterial to another, and either an easement or
ownership deed must be granted before the city will assume the maintenance of
any section of pathway.
MERIDIAN POLICE DEPARTMENT
1. The Meridian Police Department requests that open-vision fencing be constructed
along the Five Mile and Creason pathways.
CENTRAL DISTRICT HEALTH DEPARTMENT
1. This proposal can be approved for central sewage & central water after written
approval from appropriate entities is submitted.
2. The Applicant's central sewage and central water plans must be submitted to and
approved by the Idaho Department of Health & Welfare, Division of
Envirorunental Quality.
3. Run-off is not to create a mosquito breeding problem.
4. Stonnwater shall be pretreated through a grassy swale prior to discharge to the
subsurface to prevent impact to groundwater and surface water quality.
5. The Engineers and architects involved with the design of the subject project shall
obtain cun-ent best management practices for stonnwater disposal and design a
stonnwater management system that prevents groundwater and surface water
degradation.
NAMPA & MERIDIAN IRRIGATION DISTRICT
1. Na1l1pa & Meridian Irrigation District requires that a Land Use Change
Application be filed, for review, prior to final platting.
2. All laterals and waste ways must he protected. The District's Five-Mile Drain
courses along the south boundary 0 this proposed project. The District's Creason
Lateral also courses through a portion of this proposed project. Theses easements
must be protected. Any encroachment without a signed license agreement and
approved plan, before any construction is started, is unacceptable.
3. All municipal surface drainage must be retained on site. If any municipal surface
drainage leaves the site, the Nampa & Meridian Irrigation Distlict must review
drainage plans.
4. The developer must comply with Idaho Code 31-3805. It is recommended that
irrigation water be made available to all developments within the Nampa &
Meridian Irrigation District.
ADA COUNTY HIGHWAY DISTRICT
Site Svecific Conditions of Aooroval
1. Dedicate 48-feet of right-of-way from the centerline of Us tick Road abutting the
parcel by means of a warranty deed. The right-of-way purchase and sale
agreement and deed must be completed and signed by the applicant prior to
scheduling the final plat for signature by the ACHD Commission or prior to
issuance of a building pennit (or other required pennits), whichever occurs first.
Allow up to 30 business days to process the right-of-way dedication after receipt
of all requested material. The owner will be paid the fair market value of the
light-of-way dedicated which is an addition to existing ACHD right-of-way. OR
The applicant may dedicate 38-feet of light- of-way (with compensation) from the
centerline and provide a minimum lO-foot wide sidewalk easement.
2. Construct a 5-foot wide detached sidewalk on Ustick Road abutting the site a
minimum of 41-feet from the centerline of the roadway. rfthe sidewalk is located
outside of the light-of-way provide a sidewalk easement.
3. Construct all local streets as 36-foot sh'eet sections with curb, gutter, and 5-foot
wide concrete sidewalks within 50-feet of right-of-way.
4. The main entrance roadway shall be constructed as a 36-foot wide residential
collector (vertical curb, gutter and sidewalk and sign for "NO PARKING" from
Ustick Road to Jasper Street, the second public street intersection off of Us tick
Road.
5. Sidewalks are required on both sides of all of the new streets within the
subdivision. The sidewalks may be 5-foot wide attached sidewalks or 4-foot wide
detached sidewalks with a 5-foot wide landscape strip. Detached sidewalks may
be located in an easement.
6. Locate the main entrance as proposed to intersect Ustick Road approximately
600-feet west of Venable Lane.
7. Construct left and right tum lanes on Ustick Road at the main entrance.
Coordinate the length and design of the turn lanes with District staff. The
applicatlt will not be compensated for right-of-way required for the turn lanes.
8. Construct stub streets to the east, south and west as proposed. A sign shall be
installed at the tenninus of the stub street stating that, "THIS ROAD WILL BE
EXTENDED IN THE FUTURE." In addition, a stub street must meet the
following conditions: a) A stub street shall be designed to slope towards the street
intersection and drain surface water toward that intersection, unless a satisfactory
storm drain system is installed and b) The District may require appropriate
covenants guaranteeing that the stub street will remain free of obstructions.
9, Extend all existing or proposed stub streets into the site as proposed.
10. Islands shall be constructed a minimum of 4-feet wide with a minimum area of
100-square feet and designed to safely channel traffic. The roadway on either
side of the traffic island shall maintain a minimum of a 21-foot street section and
additional right-of-way shall be dedicated to accommodate the roadway section.
District policy also requires any proposed landscape islands/medians within the
public Iight-of-way dedicated by this plat shall be owned and maintained by a
homeowners association. Notes ofthis shall be required on the final plat. The
design shall be reviewed and approved by ACHD's Development staff.
11. The proposed alleys may be constructed as public alleys, subject to all ACHD
policies.
12. The future Daycare Facility driveways shall be reviewed and approved with a
future application.
13. Direct lot access to Ustick Road is prohibited and shall be noted on the final plat.
14. Comply with all Standard Conditions of Approval.
Standard Conditions of Avvroval
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 bome by the developer.
3. Replace any existing damaged curb, gutter and sidewalk and any that may be
datnaged during the constmction 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 confonnance with all
applicable requirements of the Ada County Highway District prior to District
approval for occupancy.
8. Payment of applicable road impact fees are required prior to building construction
in accordance with Ordinance #200, also known as Ada County Highway District
Road Impact Fee Ordinance.
9. It is the responsibility 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
ACHDlight-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 confinnation of
any change from the Ada County Highway District.
11. Any change by the appliCallt in the platUled 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 plmmed use of the subject property unless a
waiver/variance of said requirements or other legal relief is granted pursuant to
the law in effect at the time the change in use is sought.
EXHIBIT G
Crossfield Subdivision
AZ-05-015
Zoning Amendment Findings
According to Meridian City Code (MCC) 11-15-11, General Standards Applicable to
Zoning Amendments. both the Planning & Zoning Commission and Council are required
"to review the particular facts and circumstances of each proposed zoning amendment in
terms of the following standards and shall find adequate evidence answering the
following questions about the proposed zoning amendment. "
Thefollowing is the list of standards found in 11-15-11 and analysis:
A. Will the new zoning be harmonious with and in accordance with the
Comprehensive Plan and, if not, has there been an application for a
Comprehensive Plan amendment;
The subject property is located in the heart of a Mixed UseINeighborhood Center
designation on the Comprehensive Plan Future Land Use Map. The 2002
Comprehensive Plan Future Land Use Map designates approximately half of this
property as 'Mixed Use - Community' with a Neighborhood Center. The pUlpose
of this designation is "to provide a blend of high-density residential, small-scale
commercial, entertainment, office and open space uses that are geared to serve all
residents within a one to two square mile area. The developments are encouraged
to be designed according to the conceptual neighborhood center plan depicted in
Figure VII-3. The pUlpose of these centers is to create a centralized, pedestrian-
oriented, identifiable and day-to-day service oriented focal point for neighborhood
districts. The centers should offer an internal circulation system that connects with
adjacent neighborhoods or regional pathway(s). They will also serve as public
transit locations for future park-and-ride lots, bus stops, shuttle bus stops or other
alternative modes oftransp0l1ation." (See Chapter VII, pg. 95.)
During preliminary discussions with the applicant's representative, City staff
encouraged the applicant to include other, non-residential uses consistent with the
Comprehensive Plan within the development. Although the applicant has included
several of the key concepts of a neighborhood center in the design (short blocks,
interconnectivity, transitional densities, transitional housing types, alleys, gridded
street pattern, open space, etc.), City Council does not believe that the project
fully complies with the intent of a mixed use area as described in the
Comprehensive Plan. After detailed evaluation of the oumose statement oolicies
desi!ffi standards and objectives for mixed use areas Citv Council does not
believe that the oliQ:inal olat complies with the ComDrehensive Plan and is
reauilinQ: that the northeast 5-acres be platted as one lot (see below).
City Council recommends that the aoolicant delay develooinQ: the lots north of
Parkstone Street until either the Darcel on the east side of Venable Lane develops
an acceDtable market studv concludes that additional non-residential uses are not
needed in the nOlihem Dortion of the Citv or two vears has oassed. City Council
believes that the City should adopt the following course of action regarding
development of the North Parkstone Area. The area nOlih of Parkstone Street
(approximately) should not be allowed to final plat until one of the following
occur: I) A market analysis is performed to see if non-residential uses can be
supported in this area. If the market analysis determines that non-residential uses
can not be supported, then the applicant should be allowed to plat the area with
residential lots as proposed. If the market analysis detennines that additional non-
residential uses can be suppOlted, then the applicant should be required to submit
a new preliminary plat and rezone application for the North Parkstone Area that
includes non-residential use(s) consistent with the Comprehensive Plan. 2) The
property to the east has been approved for development, thereby providing
collector road access for a non-residential uses. The applicant should be required
to submit a new preliminary plat and rezone application for the North Parkstone
Area that includes non-residential use(s) consistent with the Comprehensive Plan.
If within two years of the first final plat being recorded on this property, the
property to the east has not been approved for development and a market study
has not been performed, then the applicant should be allowed to plat the area with
residential lots as proposed.
The remainder portion (the southem half) of the subject site is designated
'Medium Density Residential' on the Comprehensive Plan Future Land Use Map.
In Chapter VII of the Comprehensive Plan, medium density is defined as areas
including single-family homes at densities of three to eight dwelling units per
acre. The overall proposed density of 4.13 dwelling units/acre is within the target
density for this area.
City Council also finds the following 2002 Comprehensive Plan text policies to be
applicable to this application (analysis is in italics below policy):
Mixed Use Area Como Plan Policies (taken from Chapter VII)
· "All development proposed in these areas will require approval as plalmed
developments under the Conditional Use Permit application process. In these
locations, the developer has the option to develop either a neighborhood
center in conformance with the City's neighborhood center design ordinance,
or develop a conventional mixed use project."
A CUP application accompanies the annexation and zoning request, which
fulfills the first part of this policy. To date, the City has not adopted a
neighborhood center design ordinance. This application is being processed as
a "conventional mixed use project. " (See next bullet.)
· "If developing a conventional mixed use project, four specific design elements
must be incorporated into the development: a) street connectivity, b) open
space, c) pathways, and d) density, not below eight (8) dwelling units per
acre. "
a) Street Connectivity: The development proposes to connect the
development with Ustick Road with a single public street, Blairmore Way.
There are several other public streets and alleys that are all
interconnected to each other and adjacent parcels.
b) Oven Svace: The applicant is proposing to construct a 1.8 acre
neighborhood park and set aside approximately nine percent of the site for
open space. The Comprehensive Plan is not more explicit with regard to
open space, other than it must be provided somewhere within
neighborhood centers.
c) Pathwavs: Two public pathways are called for in this area on the Future
Land Use Map as part of the regional system. One multi-use pathway is
shown along the Five Mile Creek and another is shown along the Creason
Lateral. The multi-use pathway along the Five Mile Creek currently exists
adjacent to this site. The applicant is proposing to construct a 10-foot
wide asphalt path to tie in with the existing path along the Five Mile
Creek. A public pedestrian pathway is proposed along the north side of
the Creason Lateral in Salisbury Subdivision. This pathway will connect
to the previously approved pathway along the Creason in Clearbrook
Estates. The applicant is proposing to construct their portion of the
Creason pathway on the south side of the lateral as only 5-foot wide. In
accordance with the Future Land Use Map and the subject finding, City
Council believes that a 10-foot wide multi-use pathway should be
constructed along the Creason Lateralfrom the east property line to the
west. (See Special Considerations in the Preliminary Plat section for more
discussion.)
d) Densitv: The overall density of this project is 4.13 dwelling units per acre
(gross) (not including accessory dwelling units). The residential portion of
the project that is within the mixed use area is below the 8 dwelling units
per acre target density. Although the density is below the target, most of
the proposed lots are between 4,400 and 6,000 square-feet. City Council is
supportive of the proposed density.
· "The following standards will serve as guidelines for development of the
neighborhood center areas:
a. Most blocks are 300' maximum, similar to Old Town.
b. Larger blocks along arterial streets and for traffic calming.
c. Neighborhood Center Commercial area is located at the Yz mile,
not at artelial intersections.
d. Schools are located mid-section, with frontage along a collector
street.
e. Interconnected circulation that is convenient for automobiles,
pedestrians, and transit.
f. Variety of housing choices.
g. Housing is ananged in a radiating patte111 of lessening densities.
h. Transition between different housing types or densities at alleys.
Residents can access neighborhood commercial services without
being forced onto artelial streets.
j. Facilitates more efficient transportation along arterials.
k. Grid street pattern within the neighborhood allows traffic to
disperse, eases congestion, slows traffic, and is safer for residents.
Connects to and integrates with the larger street and pathway
system.
m. Reduced right-of-way widths are encouraged.
Open space must be provided.
o. Unless a Specific Area Plan has been adopted, Neighborhood
Centers must be developed under a Planned Development/CUP
application. "
Exceptfor the commercial component (standards "c" and "i" above), City
Council finds that the proposed development generally complies with the
design standards of a neighborhood center.
(See Chapter VII, pgs. 97-98, for the above-mentioned mixed-use policies.)
· "Require that development projects have planned for the provision of all
public services" (Chapter VII, Goal III, Objective A, Action items 1 and 4)
On April 29, 2005, a joint agency and department comments meeting was held
with representatives of key service providers to this property. In that meeting
no deficiencies of public services to serve this property were raised.
· "Consider "Accommodating Bicycle and Pedestrian Travel: A Recommended
Approach" from the National Center for Bicycling and Walking in all land use
decisions." (Chapter VI, Goal II, Obj. A, #3)
This publication encourages jurisdictions to establish bikeway and walkway
facilities in new construction and reconstruction projects, in a manner that is
safe, accessible and convenient.
· "Restrict curb cuts and access points on collectors and arterial streets."
(Chapter VII, Goal IV, Objective D, Action item 2)
The applicant is only proposing one access point to Ustick Road, an arterial
roadway. The location of the proposed Blairmore Way intersection of Ustick
Road meets ACHD 's requirementsfor location.
· "Improve and protect creeks (Five Mile, Eight Mile, Nine Mile, Ten Mile,
South Slough, and Jackson and Evans drainages) throughout commercial,
industrial and residential areas." (Chapter V, Goal 1, Objective A, Action item
II)
The Five Mile Creek and the Creason Lateral course through this site. The
applicant is proposing to pipe the Creason Lateral. City Council believes that
the creeks should be protected and enhanced by leaving them open and
constructing pathways adjacent to them (see Site Specific Condition #9).
· "Require appropliate landscape and buffers along transportation corridors
(setback, vegetation, low walls, berms, etc.)." (Chapter VII, Goal IV,
Objective D, Action item 4)
The applicant is proposing to construct a 25-foot wide landscape berm along
Ustick Road. City Council is supportive of these widths, as long as the entire
buffer lies outside the ultimate right-o.f-way, and the sidewalk is located
outside of the 25-foot wide buffer (or increase buffer to 30-feet). See Site
Specific Condition #12 in the Preliminary Plat section.
Citv Council finds that excevt for the northeast vortion of the sub;ect
develovment the vro;ect f!enerallv conforms to the vurvose statements and intent
of the Comvrehensive Plan. Citv Council also finds that the vrovosed uses
(sinf!le-familv homes and a votential davcare) will be harmonious with and in
accordance with the Comvrehensive Plan.
B. Is the area included in the zoning amendment intended to be rezoned in the
fll ture;
If the concurrent preliminary plat and conditional use permit applications are
approved, City Council does not believe that the applicant intends to rezone the
property in the future. However, City Council recommends that approximately 5-
acres of the site be held out from being final platted so the City can further
analyze if future commercial/officelenteliaimnent uses, as called for in the
Comprehensive Plan, are appropriate in this area. Once there is a residential
housing base established in this area that can suppOli non-residential uses, this
area may be rezoned to be consistent with the Comprehensive Plan (non-
residential).
C. Is the area included in the zoning amendment intended to be developed in the
fashion that would be allowed under the new zoning -for example, a
residential area turning into a commercial area by means of conditional use
permits;
City Council finds that the proposed single-family development could be allowed
within the requested R-8 zone, if the accompanying Conditional Use Permit for a
Planned Development is also approved. Because the potential day care lies within
a mixed use area on the Comprehensive Plan Future Land Use Map, a CUP will
be required in the future.
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 a substantial portion of the land to the south, southeast and
southwest have been developed (or approved for development) in a manner
similar to the proposed subdivision, with single-family dwelling units. Meridian
Park, Meadowview and Waterbury Park, all have lot sizes similar to the detached
lots proposed in Crossfield.
There have been no recent street improvements in the area. Further, Ustick Road
is not currently scheduled within ACHD's Five Year Work Program and is not
within the Capital Improvements Plan (CIP) for roadway widening.
This development is currently serviceable by the City of Meridian's sanitary
sewer system. Sewer service for this development will be via extension of trunk
lines located in this property and also mains that are currently under construction
in Ustick road. Water is available in Ustick Road. Other urban services are near
to this site and the applicant should be able to extend such services to the site.
City Council finds that the subject site is proposed for development in a fashion
similar to other properties in the area.
E. Will the proposed uses be designed, constructed, operated and maintained to
be harmonious and appropriate in appearance with the existing or intended
character of the general vicinity and that such use will not change the
essential character of the same area;
The applicant has submitted 17 pictures of how the proposed single-family homes
will look. The pictures of the alley loaded homes and patio homes differ from the
design of existing residences in this area. However, if the homes are constructed
in substantial compliance with the submitted pictures, City Council believes the
homes will be hannonious and appropriate in appearance to the existing and
intended residential stock in this area. The existing character of the area will, and
is, currently changing. This development will set the tone for how the rest of the
area on the south side of Ustick Road designated for a mixed use neighborhood
center develops, or does not develop. Citv Council finds that if the northeast
portion ofthis site is not developed with single-familv detached units at this time
the proposed R-8 zoning and subsequent residential use proposed with the
concurrent preliminarv plat will be harmonious and aOPropriate to the intended
character of the vicini tv. However if this development is approved as oroposed
Citv Council finds that it will shmificantlv change not onlv the existing character
of the area but will also chanl!e the intended character of the vicinitv as noted on
the Future Land Use MaD in the Comorehensive Plan.
F. Will the proposed uses not be hazardous or disturbing to existing or future
neighboring uses;
Due to other existing and proposed uses near the site, City Council does not
anticipate that the proposed zoning or uses will be physically hazardous to future
or existing uses or neighbors in the area. City Council recommends that the
COlmnission and Council rely on City Council analysis, COlmnents from other
agencies, and public testimony to determine whether the proposed use wi II be
disturbing or hazardous to the existing neighboring uses and future expected uses
in this vicinity.
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;
Sewer service for this development will be via extension of trunk lines located in
this property and also mains that are currently under construction in Ustick road.
Water is available in Ustick Road. Other urban services are near to this site and
the applicant should be able to extend such services to the site. The applicant
shall be responsible for the extension of utilities to and through this proposed
development. Sizing and routing shall be coordinated with the Public Works
Department.
The applicant and/or future property owners will be required to pay park and
highway impact fees as well as construct on-site storm water drainage facilities.
This item was approved by the ACHD Commission on May 18,2005. No
significant changes were made to the plat by the ACHD; aU internal roads are
required to be a minimum of 3 6 feet wide.
On April 29, 2005, a joint agency and department comments meeting was held
with representatives of key service providers to this property. Several conuuents
were received from multiple departments. The detailed comments and conditions
from the Fife Department, Police Department, and other agencies and departments
are at the end of this report. Based on the comments received from other agencies
and departments, City Council finds that the public services listed above can be
made available to accommodate the proposed development. The Commission and
Council reference any and all wlitten and/or verbal testimony submitted by any
public service provider, regarding their ability to adequately service this project.
H. Will not create excessive additional requirements at public cost for public
facilities and services and will not be detrimental to the economic welfare of
the community;
If approved, the developer will be financing the extension of sewer, water, public
street infi.-astructure, utilities alld ilTigation services to serve the project. The
primary public costs to serve the future residents will be fire, police, school
facilities and services. City Council finds there will not be excessive additional
requirements at public cost and this development will not be detrimental to the
economic welfare of the community.
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;
The most recent traffic count for Ustick Road west of Meridian Road is 10,800
ADT. A traffic impact study was prepared by Washington Group International for
this development. This traffic study anticipates that 1,923 vehicle trips per day
will be generated at full build out. Based on the traffic study, left and right turn
lanes on Ustick Road are warranted near the Blairmore Way entrance into the
development. City Council recognizes that traffic and noise will increase with the
approval of a development on this site; however, City Council does not believe
that the amount generated will be detrimental to the general welfare of the public.
Fmiher, City Council does not anticipate that annexation and development in
accordance with current city code and the Comprehensive Plan will create
excessive noise, smoke, fumes, glare, or odors. City Council further finds that if
all of this property were to develop with only single-family dwellings before a
market study can analyze the appropliateness of non-residential in this area, the
proposed residential zoning and uses may be detrimental to people, property
and/or the general welfare of the area. However, if the property east of Blairmore
Way and north of Parkstone Street (approximately) is not developed right away,
the subject applications should not adversely affect any person or property.
J. Will the area have vehicular approaches to the property which shall be so
designed as not to create an interference with traffic on surrounding public
streets;
The applicant is proposing to construct one public street entrance into the site
from Ustick Road. The proposed public street entrance to Ustick Road (Blainnore
Way) offsets Venable Lane by approximately 600-feet. If the public streets and
alleys are approved and constructed in accordance with ACHD and the City's
policies, City Council does not believe that the subdivision will create
interference with traffic on the surrounding public streets. Please review any
comments from ACHD for this project for additional information regarding this
finding.
K. Will not result in the destruction, loss or damage of a natural or scenic
feature of major importance; and
City Council finds that there are some large existing trees on this site. Any
existing trees larger than 4" caliper that are removed shall be mitigated for, as
determined by the City Arborist (MCC 12-13-13). The applicant should work
with the City Arborist, Elroy Huff, on designing and implementing a
protection/mitigation plan. If any trees are deemed to be a hazard, diseased or
dying by the City Arborist, prior to removal, mitigation will not be required for
those trees.
The applicant is proposing to leave the Five Mile Creek open and is proposing to
pipe the Creason Lateral abutting the site. City Council believes that the Five Mile
Creek and the Creason Lateral are scenic features that should be protected.
City Council finds that the proposed annexation and zoning should not result in
the loss or damage of any natural or scenic features, as long as the existing trees
are protected or mitigated and the Five Mile Creek and Creason Lateratare
protected in manner that does not negatively impact their beauty. City Council is
not aware of any other natural or scenic feature(s) that would be lost, damaged or
destroyed by allowing this site to be annexed, zoned and developed with
residential uses.
L. Is the proposed zoning amendment in the best interest of the City of
Meridian. (Ord. 592, 11-17-1992)?
In accordance with the findimEs listed above Citv Council finds that the
annexation and zoninf! of this vrovertv would be in the best interest of the Citv
with the chanf!es to the concurrent vreliminarv vlat and conditional use Dermit
noted.
EXHIBIT H
Crossfield Subdivision
PP-OS-017
Preliminary Plat Findings
Meridian City Code (MCC) 12-3-3 J.2 and 12-3-5 D read as follows: "In detennining the
acceptance of a proposed subdivision, the Commission/Council shall consider the
objectives of this title and at least the following:
A. The conformance of the subdivision with the Comprehensive Development
Plan;
Please see Zoning Amendment Findings "A".
B. The availability of public services to accommodate the proposed
development;
Please see Zoning Amendment Findings "G".
C. The continuity of the proposed development with the capital improvement
program;
Because the developer will be required to install sewer, water, and utilities for the
development at their cost, staff finds that a development on this property will not
require the expenditure of capital improvement funds.
D. The public financial capability of supporting services for the proposed
development;
The development will not require major expenditures for providing supporting
services. The Commission and Council rely upon comments submitted from the
public service providers (i.e. police, fire, ACHD, etc.) to determine this finding.
(See finding "G" under Zoning Amendment Findings, and the Agency COl1Ullents
and Conditions for more detail.)
E. The other health, safety or environmental problems that may be brought to
the Commission's attention.
City Council finds that there should not be any health, safety or environmental
problems associated with this subdivision; no hazardous natural features have
been identified on the site. ACHD considers road safety issues in their analysis.
EXHIBIT I
Crossfield Subdivision
CUP-05-022
CUP/PD Findings
The Conunission and Council shall review the particular facts and circumstances of each
proposed conditional use in tenns ofthe following and may approve a conditional use
pennit 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;
As part of the Planned Development (PD) the applicant is requesting relief from
the standard street frontage requirement, lot size requirement, setbacks, house size
and maximum block length, established by Meridian City Code.
City Council finds that the subject property is large enough to acconunodate the
requested use and all other required features. Although the site is large enough to
accommodate all of the features required by ordinance, the applicant has asked,
through the Plmmed 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;
Please see Annexation & Zoning Analysis "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 & Zoning Analysis "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;
If the applicant complies with all conditions of approval, City Council finds that
the proposed use 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 & Zoning Analysis "G" and "H", the Other Agency and
Department Comments and Conditions, and any comments that may be submitted
to the City Clerk regarding this project.
F. That the proposed use will not create excessive additional requirements at
public cost for public facilities and services and will not be detrimental to the
economic welfare of the community;
Please see Almexation & Zoning Analysis "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 Analysis "I".
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 & Zoning Analysis "J".
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 & Zoning Analysis "K".
MAYOR
Tammy de Weerd
CITY COUNCIL MEMBERS
Keith Bird
Christine Donnell
Shaun Wardle
Charles M. Rountree
Support Services
City Attorney/HR/lT
703 Main Street
Meridian, ID 83642
Ph.# 898-5506/Fax 884-8723
William L.M. Nary
City Attorney/HR Director
Ted W. Baird
Deputy City Attorney
To: Mayor and City Council
From: Bill Nary, City AttorneylHR Director
Re: Benefits Costs for FY '06
Attached is all the information regarding the changes to our cost for benefits for
FY'06. We had a slight increase in our medical and dental costs, 8.92% for Blue Cross
and 13.5% for Delta Dental respectively. We had no other increases in the other
coverages.
We would like the City Council to consider increasing the benefit for Flexible
Spending through Flex Express by offering the "Benefits Card" as an additional benefit.
The additional cost to the City would be an additional $1.00 per month per employee
from what was currently covered in FY '05. The added benefits and potential increased
participation would more than pay for the additional costs increase. I have added some
additional data to show the potential cost and savings to the City.
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City of Meridian
2006 Renewal Report
City of Meridian
Executive Summary
Marsh appreciates the opportunity to present City of Meridian with their 2006 renewal report. The intent of this
report is to inform the Employee Benefits Committee of the proposed renewal rates and discuss the current
plans in place.
Blue Cross ofIdaho (BCl) issued the initial renewal for the City of Meridian's 2006 plan year proposing an
8.92% increase. This represents an annual increase of$146,099 to the City for the current Medical PPO Plan.
Marsh evaluated the renewal and determined the increase requested from Blue Cross is fair based on claims
utilization data and underwriting practices identified by Blue Cross. We also requested alternative plan designs
from Blue Cross, in particular looking at dual options utilizing the current PPO benefit design with Health
Saving Account (HSA) options. These plan design alternatives did not provide as much savings as we had
hoped as Blue Cross, to protect themselves from being adversely selected against, adds a rating factor to the
PPO Plan. This rating factor is added knowing individuals that require extensive medical care will most likely
select the PPO plan causing that plan to have a larger loss ratio thus the premium load.
As with any benefit change, there will always be a need to educate the employees, especially since the HSA
Plan prescription drug benefit is subject to the deductible and paid at 80% just like any other illness. This plan
design feature is due to HSA regulations mandated by the Federal Government effective January 1,2006.
The renewal conditions are based on Blue Cross of Idaho's Notice of Changes being implemented effective
January 1,2006. This notice will be forthcoming.
After the June 7, 2005 Employee Benefits Committee meeting with Marsh, it was established there was no need
to market the medical plan this year other than looking at alternative plan design options within Blue Cross of
Idaho. This decision was based on the marketing research completed last year and the favorable renewal the
City received from Blue Cross ofIdaho for the 2006 plan year.
The Group Dental plan with Delta Dental renews on January 1, 2006.
Delta Dental will not provide their final renewal calculations until October 2005. The City of Meridian is
experience rated and Delta requires the most current claims experience data when determining the renewal
projection. The Delta Dental community rated pool increase is averaging 12.5%. This is by no means an
City of Meridian
2006 Renewal Report
indication of the City's renewal, only a reference for discussion. Once Marsh receives the renewal calculations
we will review the calculations for its appropriateness and will follow up with the City on our findings.
f
c
employees.
Business Psychology Associates (BPA) provided a 2 year rate guarantee last year, therefore the rate of$1.65
pepm will remain in effect through December 31,2006.
The City implemented the current vision plan with Vision Service Plan (VSP) on January 1, 2001. Blue Cross
of Idaho administers and consolidates the billing with the medical plan.
The renewal increase to the Vision Program for the 2006 Plan year is 3.04% or a $1,006.80 annual increase.
United Heritage provides the Group Short Term Disability (STD), Long Term Disability (LTD), Group Life,
AD&D, Dependent Life, Voluntary Life and Voluntary AD&D coverage for City of Meridian as of January 1,
2005.
The United Heritage rates are guaranteed through December 31, 2006. The rates are identified as follows:
SHORT TERM DISABILITY: $0.18 per $10 of weekly benefit
LONG-TERM DISABll.ITY: $0.42 per % of covered payroll
GROUP LIFE & AD&D INSURANCE: $0.18 per $1,000 of Life Insurance coverage and $0.05 per $1,000
of .Ap&D coverage.
VOLUNTARY LIFE/AD&D INSURANCE: Rates will vary based on age and amount of coverage.
Xpress Flex, formerly Payroll America FLEX, administers the Section 125 plan for the City. This plan was first
implemented January 1,2001 with the employees paying the administration fee to participate. The City
determined they would pay the $5.50 pepm administration fee beginning January 1,2005 as a way to encourage
the employees to participate in this program.
The administration rate of $5 .50 pepm will not increase and continues through December 31, 2006.
ME R
Health & Benefits
Denis4,.. ..epagnier
Account Manager
Mercer Health and Benefits
225 N. 9th Street, Suite 300
Boise, ID 83702
2083386445 Fax 208338 6475
denise. m.trepagnier@marsh.com
October 4, 2005
Mitch Grimes
Blue Cross of Idaho
3000 E. Pine Avenue
Meridian, ID 83642
Subject: City of Meridian - Group # 10020652; 2006 Renewal Confirmation
Dear Mitch;
Marsh is pleased to notify you that the City of Meridian has accepted the Blue Cross of Idaho renewal offer for the 2006
Plan Year. They will renew under the current PPO plan with no changes to the benefit structure. The deductible will
remain $250 individuall$500 family, 901l 0 coinsurance for in-network services and 70/30 coinsurance for out of
network services with an individual out of pocket maximum of$I,500 (excluding deductible) for in-network services
and $3,000 (excluding deductible) for out of network services. The prescription drug plan will remain lll1der the 3 tier
structure requiring a $10 co-pay for generic/$25 co-pay for formulary brand name/$40 co-pay for non-formulary brand
name prescriptions with a 30 day supply limitation.
The following rates below are guaranteed for a period of 12 months from January 1, 2006 - December 31,
2006.
$764.85
$918.50
$516.65
$613.85
$10.70
$1835
$10.70
$18.35
Please do not hesitate to contact me if you have any questions or require additional information. My telephone number
is 338-6445.
Warmest Regards,
:t5eni~e drej'<<:}nier
Denise Trepagnier
Copy: Tammy de Weerd, City of Meridian
Trish Quarles; Mercer Health & Benefits
~ Marsh & Mclennan Companies
1.11................. u........~f:..... 0 O............."i~.....
ME R
Health & Benefits
. epagnier
Account Manager
Mercer Health & Benefits
225 N. 9th Street, Suite 300
Boise, lD 83702
208 338 6445 Fax 208 338 6475
denise. m.trepagnier@marsh.com
October 4, 2005
lody DiPahna
Delta Dental of Idaho
555 E. Parkcenter Blvd.
Boise, ill 83706
Subject: City of Meridian - Group # 0133; 2006 Renewal Confirmation
Dear Jody;
Marsh is pleased to notify you that the City of Meridian has accepted the Delta Dental of Idaho renewal offer for the
2006 Plan Year. They will renew under the current dental plan benefit changes to the benefit structure. The increase in
premiums will be a 13.5% increase over the current premium and will be guaranteed for one year.
The following rates below are guaranteed for a period of 12 months from January 1, 2006 - December 31,
2006.
$66.30
$85.75
$100.55
$52.50
$67.55
Please do not hesitate to contact me if you have any questions or require additional information. My telephone number
is 338-6445.
Wannest Regards,
Denise drflJ''!jnier
Denise Trepagnier
Copy: Tammy de Weerd, City of Meridian
Trish Quarles, Mercer Health & Benefits
~ ~a:~~~_~~~~~:: ~o:~~~:;._
pJf.1odamaHollil
l7:r6re PrevellilHon MOllillt
wm:RIAS, the City ofMericlianis committed t())nsuringthesafety and security of all
those living in andvisiting our dty;and
WY[Rht\s, fire is a serious public safety concemb()thlocallY~<:l}}atiol1aUY' and
homes are the locations where people are.fl.tgreatest risk from fire; and
\YHfm;4S, :M:eridiar( s first responders, aredeclica.ted t~.F)dllcin.g the occurrence of
home fires and home fire injuries through prevention and protection
education; and
WlIfRht\S, MericiiaIl'sresidents are respOtlsive.t~publiceducation measures . and are
ableto take personal stepstoincreasetheirsafetyfrornfire;and
wm:RIiAS, the 2005 Fire Prevention Month tllenie;
~~Ug~.....CaJL1tJl~~......~lli...Car~:
\Vlien\TijuGoOlltt~JBlow- Oul!7
effectively serves to re#d..g~alrbf.ilie sirrtj;U~..~cti{)l1s.we..carit.Glketo.stay
safer from firedl1Iing Fire freventi,on M811th anqyear:Found;
TIERtfoRE..I, Tammy. de Weerd,May()r..of.tb.E7(2io/OfN1~FidiCl!l.do hereby~roc1aim
Octobe~, 2095 as Fi~e J:>I"evel1tipn MOflththr9ugh9vtthis city'aIl<:lIurr;eall the people of
Meridiant() hee.d the iInportant s,~etymessag.~sof Fire Pr)YSl1.~on{r.:n(ltosupport the
lllany p ublics,afety activiti~s anet eifprts of Meridian fire ande.rn.ergeIlcy servi~es~
~
taffimX...e eeL,... .. .i
ShaunyVardle, Connell President
Keith~il'd, CitySOllI!dl
.~arlieRounh'ee,City Collilcil
~tmistine I:>()IlIlelhCity Council
ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT ,00
BOISE IDAHO 11110/05 01:46 PM
DEPUTY Bonnie Oberbilfig III 1111111111111111 ill III II II 11111111
~~~i~ra~EgiYREQUEST OF 105170902
This sheet has been added to document
to accommodate recording information.
~v-tJ 10-04:-0<6
MEMORANDUM OF UNDERSTANDING
BETWEEN
JLJ ENTERPRISES, INC.
AND
BITTERCREEK MEADOWS SUBDIVISION HOA
AND
THE CITY OF MERIDIAN
THIS MEMORANDUM OF UNDERSTANDING is made and entered into this 4 -NL
day of 0(~+()kJpH, 2005, by and between Bittercreek Meadows Subdivision
Homeowners Association, Inc. (HOA), JLJ Enterprises, Inc. (JLJ), and The City of
Meridian, Idaho (City), to establish a mutual understanding of the terms, conditions,
duties and responsibilities pertaining to the hookup to City's sewer and water system
outside city limits at the Bittercreek Meadows Subdivision located as shown in Figure 1.
WHEREAS, JLJ Enterprises Inc. is the sole owner, in law and/or in equity of a certain
tract of land in the County of Ada, State of Idaho, generally depicted in Figure 1 and
commonly known as the Bittercreek Meadows Subdivision, hereinafter referred to as
the Property; and
WHEREAS, Idaho Code &50-323, provides and empowers cities to establish, create,
develop, maintain and operate Sewer/Water 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 JLJ Enterprises Inc. is the owner of the Property, which is presently
located outside of the city limits of the City; and
WHEREAS, the JLJ Enterprises Inc. is desirous of obtaining connection to City's
SewerlWater to serve the Property and the City is willing to provide that connection to
the Sewer/Water service to JLJ Enterprises Inc. subject to the terms and conditions and
consideration of this and future agreements, and it is specifically agreed that as a
specific consideration of the City's willingness to enter into this agreement that the
Bittercreek - 1 of 7
City's Ordinance and Policy/Regulations which govern its SewerIWater system be
included as terms and conditions of this agreement and that the JLJ Enterprises Inc.
provide perpetual consent to annexation of the Property in to the City.
NOW, THEREFORE, the parties hereby agree as follows:
Water
JLJ will drill a production well, construct a pump house, and provide backup power for
pumping facilities. The facilities will meet CITY standards and will be approved by CITY
prior to construction.
JLJ will construct a water distribution system which will meet CITY standards and will be
approved by CITY prior to construction.
JLJ will provide SCADA (communications and control) for monitor and control of the
water system. The SCADA system will be consistent will the existing CITY SCADA
system.
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
JLJ will construct, in a location to be approved by City, a Lift Station and pressure
sewer line which will connect into CITY sewer collection system. This system will be
owned by the HOA and operated and maintained by Challenger Electric (or equivalent).
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
Bittercreek - 2 of 7
capability and 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.
JLJ will provide bonding and/or other guaranties as required by CITY for future
abandonment of the lift station and pressure sewer upon annexation.
The HOA will pay for maintenance of the lift station and pressure sewer. City shall
review and approve the CC&Rs of the HOA to assure that it contains adequate
provisions to fund lift station and pressure sewer maintenance requirements.
Sewer Lines
JLJ 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. JLJ will pay for all overtime which may be required for this service.
Non-Build and Non-Occupancy Agreements
JLJ shall execute non-build and non-occupancy agreements for each of the planned
lots on the property agreeing not to build structures or allow occupancy until such time
as City's water and sewer requirements for the subdivision have been met.
Bittercreek - 3 of 7
Annexation
At such time as the property becomes legally eligible for annexation into the City, JLJ
Enterprises Inc. 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.
Termination
This agreement may be terminated at any time by mutual agreement of the parties.
Reimbursement
JLJ will be reimbursed by CITY for water pumping facilities (pump and pumphouse).
JLJ will provide adequate documentation to CITY regarding its actual cost to purchase
and construct the pumping facilities within 60 days after construction. CITY will
reimburse JLJ for these costs adjusted for inflation, within 60 days after annexation. In
the event that a jurisdiction other than City annexes the Property, City's reimbursement
obligation shall be null and void.
Agreement to Negotiate to Final Agreement
The parties contemplate that further negotiations will take place regarding the subject
matter of this agreement and that the parties will execute a more detailed Final
Agreement containing additional detailed terms and conditions to carry out the intent of
this Memorandum of Understanding.
Bittercreek - 4 of 7
IN WITNESS WHEREOF, the parties do execute this Memorandum of Understanding
the day and year first above written.
::J E~~'SE~'A s;,
() Jim J~eSldent --
BITTERCREEK MEADOWS SUBDIVISION
:~~~~~ON' I~_
CITY OF MERIDIAN~ IDAHO
By:
/C/<I/O.s- ,
Attest:
cC A~ ~"'4-{
Bittercreek - 5 of 7
STATE OF IDAHO, )
: ss.
County of Ada, )
On this t..;-f!: day of () chioe. / ,2005, before me, the undersigned, a Notary Public
in and for the State of Idaho, personally appeared Jim Jewett, known or identified to me to be the
President of JLJ Enterprises, 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 abov~tt€RllQ',q
......~~~ ~. ALLIJ ''''''~
l:" S~00..t.000",,! "\
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STATE OF IDAHO, )
: ss.
~j~
Notary Pub!" for Idaho.
Residing at: Ad.. (^lJh .~
My commission Expires: /' 1~
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County of Ada, )
On this ~day of {)(-fr)~-W ,2005, before me, the undersigned, a Notary Public
in and for the State of Idaho, personally appeared Jim Jewett, known or identified to me to be a Director of
the Bittercreek Meadows Subdivision 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.
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STATE OF ~~AHO~.\I'. )
: ss.
County of Ada,) , .
On this g~ay of 11 @Ye1~the/u ,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. ....salie...
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SEAL l
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Bittercreek - 6 of 7
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CITY OF MERIDIAN
CITY COUNCil REGULAR MEETING
AGENDA
Tuesday, October 4, 2005 at 7:00 p.m.
City Council Chambers
33 East Idaho Avenue, Meridian, Idaho
1. Roll-call Attendance:
Shaun Wardle Christine Donnell
Charlie Rountree _ Keith Bird
_ Mayor Tammy de Weerd
2. Pledge of Allegiance:
3. Community Invocation by Pastor Shawn Regan:
4. Adoption of the Agenda:
5. Consent Agenda:
A. Approve Minutes of July 26,2005 City Council Special Meeting:
B. Approve minutes of September 6, 2005 City Council Regular
Meeting:
C. Findings of Fact and Conclusions of Law for Approval: AZ 05-
016 Request for Annexation and Zoning of 28.65 acres from RUT
to R-15 and L-Q zones for Silver Oaks Subdivision by Charter
Builders, Inc. - north of West Franklin Road and west of North Ten
Mile Road:
D. Findings of Fact and Conclusions of Law for Approval: CUP
05-024 Request for a Conditional Use Permit for a Planned
Development for multi-family I clubhouse J office J daycare
development with no minimum street frontage and multiple
buildings on a single lot on 28.65 acres in proposed R-15 and L-Q
zones for Silver Oaks Subdivision by Charter Builders, Inc. _
north of West Franklin Road and west of North Ten Mile Road:
E. Findings of Fact and Conclusions of Law for Approval: PP 05-
023 Request for Preliminary Plat approval for 1 multi-family
residential building lot and 1 commercial office lot on 28.6 acres in
Meridian City Council Meeting Agenda - October 4, 2005 Page 1 of 5
All materials presented at public meetings shall become property of the City of Meridian"
Anyone desiring accommodation for disabilities related to documents and/or hearing,
please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting.
proposed R-15 & L-Q zones for Silver Oaks Subdivision by
Conger Management Group - west of Ten Mile Road and north of
West Franklin Road:
F. Development Agreement: AZ 05-018 Request for Annexation
and Zoning of 29.18 acres to R-4, R-8 & R-15 zones for
Westborouah Square Subdivision by JLJ Enterprises, Inc. - SEC
of Jericho Road and Chinden Boulevard:
G. Development Agreement: AZ 05-027 Request for Annexation
and Zoning of 5.502 acres to R-8 zone for Maxfield Subdivision
by The Land Group - 3295 East Falcon Drive:
H. Water Main Easement Aareement for Track Utilities Office by
Buffalo Hump, LLC:
Water Main Easement Aareement for Mountain West Bank:
J. Water Main Easement Aareement for ChicaQo Connection by
CC Investment Properties:
K. Water Main Easement Aareement for Stow-It Mini Storaae:
L. Sanitarv Sewer and Water Main Easement Aareement for
Redfeather Estates No.2 by Packard Estates Development,
LLC:
M. Award of Bid for Wastewater Treatment Plant Facilitv
Expansion to JC Constructors, Inc.:
N. License Aareement with Nampa Meridian Irriaation for the
Black Cat Trunk Sewer Phase 1 Project.:
O. Black Cat Trunk Sewer and Lift Station Proiect Addendum No.
.Q with JUB Engineers:
P. Aareement for Professional Services with BRS Architects for
Scope of Services for Water Division BUilding:
Q. Water Main Easement Aareement for Carrabba's Italian
Restaurant by EP Crossing, LLC:
R. Memorandum of Understandina for HookuD to the Citv of
Meridian's Sewer I Water Svstem Outside the Citv Limits with
JLJ Enterorises. Inc.:
Meridian City Council Meeting Agenda - October 4, 2005 Page 2 of 5
All materials presented at public meetings shall become property of the City of Meridian.
Anyone desiring accommodation for disabilities related to documents and/or hearing,
please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting.
S. Approve August Financia.l Report:
6. Department Reports:
A. Human Resources Department - Bill Nary
1. Benefits for Fiscal Year 2006:
B. Mayor's Office
1. Proclamation for Crime Prevention Month:
2. Parks and Recreation Commission Appointments:
Andee Stockton
Craig Steele
3. Special Meeting with Kuna City Council and DEQ:
C. Parks Department - Doug Strong
1. Discussion of Land and Water Conservation Fund grant
for Splashpad at Meridian Settler's Park:
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. "
8. Continued Public Hearing from September 13, 2005: 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:
9. Continued Public Hearing from September 13, 2005: PP 05-017
Request for Preliminary Plat approval of 246 building (244 residential
units, 1 daycare & 1 pool 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:
10. Continued Public Hearing from September 13, 2005: 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-B zone for Crossfield
Meridian City Council Meeting Agenda - October 4, 2005 Page 3 of 5
All materials presented at public meetings shaH become property of the City of Meridian.
Anyone desiring accommodation for disabilities related to documents and/or hearing,
please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting.
Subdivision by Packard Estates Development, LLC - 955 West Ustick
Road:
11. Public Hearing: AZ 05-026 Request for Annexation and Zoning of 15.32
acres from RUT to R-8 zone for Hollvbrook Subdivision by Hollybrook,
LLC - 3265 North Curt Drive and 540 East Ustick Road:
12. Public Hearing: PP 05-025 Request for Preliminary Plat approval of 56
building lots and 6 common lots on 15.32 acres in a proposed R-8 zone
for Hollvbrook Subdivision by Hollybrook, LLC - 3265 North Curt Drive
and 540 East Ustick Road:
13. Public H,earing: CUP 05-033 Request for Conditional Use Permit for a
Planned Development for single-family detached units and single-family
attached units with a request for reductions in lot sizes, minimum street
frontage and zero lot line side yard setback for Hollvbrook Subdivision
by Hollybrook, LLC - 3265 North Curt Drive and 540 East Ustick Road:
14. Public Hearing: 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:
15. Public Hearing: PP 05-036 Request for Preliminary Plat approval of 22
single family residential lots and 3 other lots on 3.57 acres in a proposed
R-8 zone for Breinholt Subdivision by Richard and Susan Breinholt _
2580 North Meridian Road:
16. Public Hearing: AZ 05-034 Request for Annexation and Zoning of 7.89
acres from RUT to R-8 zone for Cavmus Cove Subdivision by Landmark
Engineering and Planning, Inc. - 2745 McMillan Road:
17. Public Hearing: PP 05-033 Request for Preliminary Plat approval of 27
single-family residential building lots and 4 other common area lots on
7.89 acres in a proposed R-8 zone for Cavmus Cove Subdivision by
Landmark Engineering and Planning, Inc. - 2745 McMillan Road:
18. Public Hearing: VAR 05-014 Request for a Variance to exceed the
maximum block length and cul-de-sac length for Cavmus Cove
Subdivision by Landmark Engineering & Planning, Inc. - 2745 McMillan
Road:
19. Ordinance No. AZ 05-018 Request for
Annexation and Zoning of 29.18 acres to R-4, R-8 & R-15 zones for
Westborouah Sauare Subdivision by JLJ Enterprises, Inc. - SEC of
Jericho Road and Chinden Boulevard:
Meridian City Council Meeting Agenda - October 4, 2005 Page 4 of 5
All materials presented at public meetings shall become property of the City of Meridian.
Anyone desiring accommodation for disabilities related to documents and/or hearing,
please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting.
'P\fOJe ~.. 1- fa 'PJB, c N d-\-- (L-{
~u..I'\ V
PREMCOUNCIL MEETING
AGENDA
TuesdaYJ October 4J 200SJ at 6:00 p.m.
City Council Chambers
33 East Idaho AvenueJ 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, all
presentations before the Mayor and City Council are expected to be truthful and
honest to best of the ability of the presenter. 1J
3. Presentation on Construction of New Cell at Hidden Hollow by Ada
County Landfill:
(i0 minutes*)
4. Presentation on Waste Disposal Facility in Elmore County by Idaho
Waste Systems:
(i0 minutes*)
5. Presentation of Meridian's Transportation Task Force Priority List
and Recommendations:
(i0 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 11, 2005 Page 1 of 1
All materials presented at public meetings shall become property ofthe 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.
DATE TI ME TO/FROM
10 139/30 17: 43 38101613
11 09/313 17'47 PUBLIC WORKS
12 139/313 17:513 8841159
13 09/30 17: 53 20888413744
14 09/30 17:54 POLICE DEPT
16 09/3017:5789855131
17 09/313 17:58 LIBRARY
18 139/313 18:00 92083776449
19 139/30 18: 131 3886924
213 09/313 18:133 P-AND-Z
21 139/3018:04 FIRE DEPT
22 139/313 18:06 1283000413
23 139/30 18: 08 200 387 6393
24 139/30 18: 139 J:lDJ:l CTY DEVELMT
25 09/30 18: 11 20888851352
26 109/30 18: 12 CHERRY LANE
27 139/30 18: 15 IDJ:lHO ATHLETIC C
28 139/30 18: 16 ID PRESS TRIBUNE
29 139/30 18: 18 2008886701
MODE MINlSEC PGS
EC--S 131' 38" 13133
EC--S 131' 00" 13133
EC--S 1313'59" 1303
EC--S 131'00" 13133
EC--S 1313'59" 003
EC--S 1313'58" 13133
EC--S 01' 16" 13133
EC--S 1313'58" 1003
EC--S 130'59" 0133
EC--S 013'58" 13133
EC--S 00'58" 13133
G3--S 131' 15" 13133
EC-S 013'59" 003
EC--S 00'59" 0133
EC--S 1313'59" 0133
G3--5 131'53" 1303
EC--S 1313' 58" 0133
EC-S 131'00" 1303
EC--5 130'58" 13133
CMDIl STRTUS
1343 OK
1343 OK
043 OK
1343 OK
1343 OK
843 OK
843 OK
843 OK
043 OK
843 OK
1343 OK
843 OK
843 OK
043 OK
1343 OK
1343 OK
1343 OK
1343 OK
043 OK
........-----------...-------------------......------------.......--------------------........------------------
flcast ~O~+ ~ ~Qbl\c N~C( ,~(l",t\\\
CITY OF MERIDIAN
CI1Y COUNCIL REGULAR MEETING
AGENDA
Roll-call Attendance:
Tuesday, October 4, 2005 at 7:00 p.m.
City Council Chambers
33 Eastldaho Avenue, Meridian, Idaho
Shaun Wardle _ Christine DonneJl
- Charlie Rountree Keith Bird
- _ MayorTaiiimy de Weerd
2. Pledge of Allegiance:
4. Adoption of the Agenda:
3, Community Invocation by Pastor Shawn Regan:
5. Consent Agenda:
A. Approve Minutes of July 26, 2005 City Council Special Meeting;
B. Approve minutes of September 6, 2005 City Council RegUlar
Meeting;
c. Findings of Fact and ConclusiOnS of law for Approval: AZ 05.
016 Request for Annexation and Zoning of 28.65 acres from RUT
to R-15 and L-O zones for Silver Oaks Subdivision by Charter
Builders, Inc. - north of West Franklin Road and west of North Ten
Mile Road:
D. Findings of Fact and Conclusions of Law for Approval: CUP
05.024 Request for a Conditional Use Permit for a Planned
Development for multi-family I clubhouse I office I daycare
development with no minimum street frontage and mUltiple
buildings on a single lot on 28.65 acres in proposed R-15 and L-O
Zones for Silver Oaks Subdivision by Charter Builders, Inc. _
north of West Franklin Road and west of Nolih Ten Mile Road;
E. Findings of Fact and Conclusions of Law for Approval: PP 05-
023 Request for Preliminary Plat approval for 1 multi.family
residential building lot and 1 commercial office lot on 28.6 acres in
Meridian City Cnuncil Meeting Afjenda - October 4, 2005 Page 1 Of 5
All malenals presented al public meeUngs shall become property of Ihe City of Meridian.
Anyone desiring accnmmodaUon fnr di~bllities relaled 10 dOcuments and/or hearing.
please contactlne Cily Clerk's Office al 888-4433 alleas! 48 hours prior to the public meeting.
(
** TX CONF I Rh" I I ON REPORT **
AS OF SEP
18: 32 PAGE. 01
CITY OF MERIDIAN
DATE T I ME TO.....FROM MODE M I WSEC PGS CMDt:l STATUS
----~=---~~~=~-=~~:=-=~~~~~~~~~~-----------====:_--~=~~=~-~~:_----~~:_---~~-----------------
fkast ~Ot} ~ ?Vvblrc N 0-\1(,( ~~o..~Y:\\\
CITY OF MERIDIAN
CiTY COUNCIL REGULAR MEETING
AGENDA
Tuesday, October 4, 2005 at 7:00 p.m.
City Council Chambers
33 East Idaho Avenue, Meridian, Idaho
1. RolI~can Attendance;
- Shaun Wardle Christine Donnell
Charlie Rountree - Keith Bird
_ MayorTammy de Weerd
2. Pledge of Allegiance:
3. Community Invocation by Pastor Shawn Regan:
4. Adoption of the Agenda:
5. Consent Agenda:
A. Approve Minutes of July 26, 2005 City Council Special Meeting:
B. Approve minutes of September 6, 2005 City Council Regular
Meeting:
C. Findings of Fact and Conclusions of Law for Approval: AZ. 05~
016 Request for Annexation and Zoning of 28.65 acres from RUT
to R-15 and L-O zones for Silver Oaks Subdivision by Charter
Builders, Inc. - north of West Franklin Road and west of North Ten
Mile Road:
D. Findings of Fact and Conclusions of Law for Approval: CUP
05~024 Request for a Conditional Use Permit for a Planned
Development for multi-family I clubhouse / office I daycare
development with no minimum street frontage and multiple
buildings on a single lot on 28.65 acres in proposed R.15 and L-Q
zones for Silver Oaks Subdivision by Charter Builders, rnc. _
north of West Franklin Road and west of North Ten Mile Road:
E. Findings of Fact and Conclusions of Law for Approval: PP 05~
023 Request for Preliminary Plat approval for 1 multi-family
residential building Jot and 1 commercial office lot on 28.6 acres in
Meridian City Council Meeling Agenda - October 4, 2005 Page 1 of 5
All materials presented at public meetings shall become property of the City of Meridian,
Anyone desiring accommodation far disabilities related to documents and/or hearing,
please contact the City Clerk's Office at 888-4433 alleast 48 hours prior to the public meeting.
20. Ordin.ance No. AZ 05~027 Request for
Annexation and Zoning of 5.502 acres to R-8 zone for Maxfield
Subdivision by The Land Group - 3295 East Falcon Drive:
Meridian City Council Meeting Agenda - October 4, 2005 Page 5 of 5
All materials presented at public meetings shall become property of the City of Meridian.
Anyone desiring accommodation for disabilities related to documents and/or hearing,
please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting.