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Home My WebLink About2005-03-29 ./.......... f. Revised 3-29-05 CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, March 29, 2005 at 7:00 p.mll City Council Chambers 1. Roll-call Attendance: X Shaun Wardle X Christine Donnell o Charlie Rountree X Keith Bird X Mayor Tammy de Weerd 2~ Pledge of Allegiance: By F.R.O.G 3. Community Invocation by Pastor Burton Roberts, with Meridian Gospel Tabernacle: Presented 4. Adoption of the Agenda: Approve 5. Consent Agenda: A. Approve Minutes of March 1, 2005 City Pre-Council Meeting: Approve B. Approve Minutes of March 1, 2005 City Council Regular Meeting: Approve c. Findings of Fact and Conclusions of Law for Approval: CUP 04-054 Request for a Conditional Use Permit for a Planned Development for retail uses in a C-N zone for The Shops at Cherry Lane by High Point Equities, LLC - SWC of West Cherry Lane and North Ten Mile Road: Approve D. Water Main Easement for Red Robin by Eagle-Fairview Investments, Co. LLC: Approve E. Water Main Easement for Jade Plaza: Approve F. Emeraencv ManaQement Joint Powers Agreement: Approve G. Development Agreement: RZ 04-~18 Request a Rezone of ~74 acres from L-O to C-C zone for Kinetico Qualitv Systems of Meridian City Council Agenda - March 29,2005 Page 1 of 5 AU materiaJs presented at public meetings shari become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearingS Please contact the City Clerk'S Office at 888-4433 at Jeast 48 hours prior to the PUbliC meeting. ('''.' . Revised 3-29-05 Treasure Vallev by Irma Jean Phillips - 544 West Cherry Lane: Approve H. Storey Park Phase II Construction Change Order No. 5 to Extend the Curb and Gutter at the North Side of Proiect: Approve I. Storey Park Phase II Construction Chanae Order No. 6 to Widen and Pave Pathway on East Side: Approve J. Assessment Aareement for Boondocks Fun Center at 1385 South Blue Marlin: Approve K. Easements for Construction of the Victory I Meridian Road Waterline with Evans: Approve L. Overland Road Water and Sewer Design with Civil Survey in Conjunction with ACHD: Approve M. Award bid for Flushing Stations Construction to Star Construction: Approve N. Water Main Easement for Gravstone Buildina (L 1 I 84 Silverstone Business Campus) by Sundance L TP: Approve o. Sewer Service Contract for the North Slough Sewer Proiect: Approve P. License Aareement for the North Slouah Sanitary Sewer Project: Approve Q. Chanae Order No. 1 for the North Slouah Sanitary Sewer Proiect: Approve R. Award Bid and Contract for Meridian Senior Citizen Center Uoarades by KMO, Inc.: Approve s. Resolution No. 05466 Resolution Vacating a Portion of the Golf Course Easement Located on Lots 44, 45, 46 and 47 Block of SpulWing Subdivision located on the North Side of Chinden Boulevard, Approximately 0/4 Mile West of North Linder Road: Approve 6. Department Reports: A. Mayor's Office - Tammy de Weerd Meridian City Council Agenda - March 29,2005 Page 2 of 5 All materjals presented at pUblic meetings shall become property of the City of Meridian. AnYOne deSiring accommodation for disabmties related to documents and/or hearingS pJease contact the City Clerkfs Office at 888-4433 at least 48 hours prior to the PUbliC meeting~ (...:.. (..~,... . \... . Revised 3-29-05 1. Appointment of Member of Traffic Safety Commission - Jim Fisher: Approve 2. Appointment of Fire Chief - Ron Anderson: Approve B. Parks Department - Doug Strong 1. Update on Chateau Park Irriaation: Approve to Proceed with Project not to exceed $40,000 c. City Attorney - Bill Nary 1. Proposed Solid Waste Collection Ordinance: Place on Next Meeting on April 5,2005 2. Draft Ordinance for License Alcohol Establishments and Prohibitina Two License Establishments within the Same Premise: Table to April 5,2005 Meeting 7. (Items Moved from Consent Agenda) 8. Tabled from March 29,2005: Approval LiQuor License for Backwater Saloon: Approve 9. Approval Liquor License for Top Shelf located at 127 East Idaho Avenue: Approve 10.. Approval LiQuor License for Eddv's located at 501 South Main Street: Approve 11 ~ FP 04-084 Request for Final Plat approval of 33 single family residential building lots and 3 common lots on 1 O~07 acres in a R-8 zone for Arcadia Subdivision by Pinnacle Engineers, Inc. - 5995 North Jericho Road: Approve 12. FP 05-019 Request for Final Plat approval of 104 single-family building lots and 14 other lots (including a neighporhood park) on 36.04 acres in a R-8 zone for Champion Park Subdivision No.3 (preliminary platted as Parkstone Subdivision) by Hillview Development - West Ustick Road and west of Eagle Road: Approve 13. FP 05-020 Request for Final Plat approval for 33 single-family residential building Jots and 1 common lot on 7.69 acres in a R-8 zone for Paramount Subdivision No.6 by Paramount Development, Inc. - east of North Linder Road and north of West McMillan Road: Approve Meridian City Council Agenda - March 29t 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 hearingS Please contact the City Clerk'S Office at 888-4433 at Jeast 48 hours prior to the PUbliC meeting. /. ( Revised 3-29-05 1411 FP 05-018 Request for Final Plat approval for 45 single-family residential building lots and 1 common lot on 13.56 acres in a R-4 zone for Fulfer Subdivision No.5 by Kevin Howell Construction, Inc. - north of West McMillan Road and east of North Ten Mile Road: Approve 15. FP 05-021 Request for Final Plat approval for 41 single-family residential building Jots and 3 common lots on 11.6 acres in a R-8 zone for Settlement Bridae Subdivision No.2 by Capital Development, Inc. - southeast corner of North Locust Grove Road and East McMillan Road: Approve . '~/though the City of Meridian no longer requires sworn testimonYI all presentations before the Mayor and City Council are expected to be truthful and honest to best of the ability of the presenter. 11 16. Public Hearing: V AC 05--002 Request for a Vacation of existing power lines, sewer, irrigation and storm water drainage easements for Boise Vallev Commons by CSHQA - 2400 East Overland Road: Approve 17 II Public Hearing: PFP 05-001 Request for a Preliminary/Final Plat approval of 5 building lots on 5.28 acres in a C-C zone for Bonito Subdivision No.2 by Kimball Properties - SWC of South Eagle Road and West Overland Road: Approve Findings of Fact and Conclusions of Law for Approval 18. Continued Public Hearing from February 15, 2005: CPA 04-003 Request for a Comprehensive Plan Map Amendment to change approximately 48 acres from Industrial to Mixed-Use Regional for Ten Mile Development, LLC by Hansen-RiceJ Inc. - SWC of North Eagle Road and East Pine Avenue: Approve 19. Public Hearing: RZ 04-017 Request for a Rezone of 61.63 acres from I-L & L-Q to C-G zone for Ten Mile Develooment, LLC by Hansen-Rice, Inc. - SWC of North Eagle Road and East Pine Avenue: Approve 20. Public Hearing: CUP 04-051 Request for a Conditional Use Permit for a Conceptual Planned Development for commercial/retail uses for approximately 615,430 square feet of building areas in a proposed C-G zone for Ten Mile Development. LLC by Hansen-RiceJ Inc. - SWC of North Eagle Road and East Pine Avenue: Approve 21. Ordinance No. 05..1135 AZ 04-011 REVISED Request for Annexation and Zoning of 9.8 acres to R-8 zone for Alexandria Subdivision by Lonnie Johnson - 4205 North Locust Grove Road: Approve Meridian City CounciJ Agenda - March 29,2005 Page 4 of 5 AU materials presented at public meetings shall become property of the City of Meridian. AnYOne deSiring accommodation for disabilities reJated to documents and/or hearingS pJease contact the City Clerk's Office at 888-4433 at least 48 hours prior to the PUbliC meeting. Revised 3-29-05 22. Ordinance No. 05..1136 : RZ 05-001 Request for a Rezone of ~249 acres from R-8 to 0- T zone for Robert Monson by Robert Monson - 829 North Meridian Road: Approve 23. Ordinance No. 05-1137 : RZ 04~018 Request a Rezone of ~ 74 acres from L-Q to C-C zone for Kinetico Qualitv Systems of Treasure Vallev by Irma Jean Phillips - 544 West Cherry Lane: Approve 24. Executive Session per Idaho State Code 67-2345(1)(a)(c)&(f): No Decision Meridian City Council Agenda - March 29,2005 Page 5 of 5 AU materials presented at public meetings shall become property of the City of Meridian~ AnYOne deSiring accommodation for disabilities related to documents and/or hearingS Please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the PUbliC meeting. ( (.;~: .-...~. ~. Revised 3-29-05 CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, March 29, 2005 at 7:00 p.m. City Council Chambers 1. Roll-call Attendance: Shaun Wardle ><: Christine Donnell Charlie Rountree )G Keith Bird X Mayor Tammy de Weerd 2. Pledge of Allegiance: b'J r: fl~ P. G. 3. Community Invocation by Pastor Burton Roberts, with Meridian Gospel Tabernacle: ~S-&?---t~L 4. Adoption of the Agenda: ~VU/ 5. Consent Agenda: A. Approve Minutes of March 1, 2005 City Pre-Council Meeting: ~ B. Approve Minutes of March 1, 2005 City Council Regular Meeting: ~~ c. Findings of Fact and Conclusions of Law for Approval: CUP 04-054 Request for a Conditional Use Permit for a Planned Development for retail uses in a C-N zone for The Shops at Cherry lane by High Point Equities, LLC - SWC of West Cherry Lane and North Ten Mile Road: ~ D. Water Main Easement for Red Robin by Eagle-Fairview Investments, Co. LLC: ar~VLL E. Water Main Easement for Jade Plaza: ~l? v<:.. F. Emeraency Manaaement Joint Powers Aareement: ~ V'-V' GII Development Agreement: RZ 04-018 Request a Rezone of .74 acres from L-Q to C-C zone for Kinetico Qualitv Systems of Treasure Vallev by Irma Jean Phillips - 544 West Cherry Lane: drf11 TlJ ~ Meridian City Council Agenda - March 2912005 Page 1 of 4 AU materials presented at pUblic meetings shall become property of the City of Meridian. AnYOne deSiring accommodation for disabirities related to documents and/or hearingS Please contact the City Clerkts Office at 888-4433 at teast 48 hOUrs prior to the PUbliC meeting~ c..'........: /':"""""~........ 1: . Revised 3-29-05 Q. License Aqreement for the North Slouah Sanitary Sewer Proiect: Wj?~v<. Chanae Order No. 1 for the North Slouah Sanitary Sewer Proiect: 6j'f'h'~ R. Award Bid and Contract for Meridian Senior Citizen Center Uparades by KMO, Inc.: ~IA<-- S. Resolution No. CJ ~ - 466 Resolution Vacating a Portion of the Golf Course Easement located on Lots 44, 45, 46 and 47 Block of Spurwing Subdivision located on the North Side of Chinden Boulevard, Approximately 3h Mile West of North Linder Road: ~trf../ 6. Department Reports: A. Mayor's Office 1. Appointment of Traffic Safety Commission - Jim Fisher: ~V'Jl- 2. Appointment of Fire Chief: RtP/1,- rf'~ ~ ~ Meridian City Council Agenda - March 2912005 Page 2 of 4 AU materials presented at public meetings shall become property of the City of Meridian. AnYOne deSiring accommodation for disabilities related to documents and/or hearingS Please contact the City Clerk's Office at 888-4433 at reasl 48 hours prior to the PUbliC meeting~ ( C" . Revised 3-29-05 B. Parks Department - Doug Strong 1. UDdate on Chateau Park Irrigation: ~ve Ie pr-o ~ ~ f/v'/?'L pro~if ~I-~ eJCc..e.Ld- .t40/t>Ot)~ o~ c. City Attorney - Bill Nary 1. Proposed Solid Waste Collection Ordinance: plaCA:- enr.- /lpr17>/ Zt?I?, n 2. Draft Ordinance for License Alcohol Establishments and Prohibitina Two License Establishments within the Same Premise: h/;4. Iv /1)1n"I5i '2oo~ 7. (Items Moved from Consent Agenda) /l f)~ 8. Tabled from March 29, 2005: Approve liquor License for Backwater Saloon: AFrov~ 9. Approve Liauor License for Too Shelf located at 127 East Idaho Avenue: ~~V~ 1 O. Approve Liauor License for Eddv's located at 501 South Main Street: PJ'P~ 11. FP 04-084 Request for Final Plat approval of 33 single family residential building lots and 3 common lots on 1 0.07 acres in a R-8 zone for Arcadia Subdivision by Pinnacle Engineers, Inc. - 5995 North Jericho Road: ~fJfJn7V~ 12. FP 05-019 Request for Final Plat approval of 1 04 single-family building lots and 14 other lots (including a neighborhood park) on 36.04 acres in a R-8 zone for Champion Park Subdivision No.3 (preliminary platted as Parkstone Subdivision) by Hillview Development - West Ustick Road and west of Eagle Road: tif7~~ 13. FP 05-020 Request for Final Plat approval for 33 single-family residential building lots and 1 common lot on 7.69 acres in a R-8 zone for Paramount Subdivision No.6 by Paramount Devefopmentf Inc. - east of North Linder Road and north of West McMillan Road: ~~v.Jl.- 14. FP 05-018 Request for Final Plat approval for 45 single-family residential building lots and 1 common lot on 13.56 acres in a R-4 zone for Fulfer Subdivision No.5 by Kevin Howell Construction, Inc. - north of West McMillan Road and east of North Ten Mile Road: Pit'~~ 15. FP 05-021 Request for Final Plat approval for 41 single-family residential building lots and 3 common lots on 11.6 acres in a R-8 zone for Settlement Bridae Subdivision No.2 by Capital Development, Inc. - southeast corner of North Locust Grove Road and East McMillan Road: dJ'r~ Meridian City Council Agenda - March 29, 2005 Page 3 of 4 AU materiars presented at public meetings shalJ become property of the City of Meridian. AnYOne deSiring accommodation for disabirities related to documents and/or hearingS Please contact the City Crerk1s Office at 888-4433 at least 48 hours Prior to the pubric meeting. (.."..'. '. / Revised 3-29-05 "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. J1 16. Public Hearing: VAC 05-002 Request for a Vacation of existing power lines, sewer, irrigation and storm water drainage easements for Boise Vallev Commons by CSHQA - 2400 East Overland Road: 4,~~f/'A-- 17. Public Hearing: PFP 05-001 Request for a Preliminary/Final Plat approval of 5 building Jots on 5~28 acres in a C-C zone for Bonito Subdivision No.2 by Kimball Properties - SWC of South Eagle Road and West Overland Road: ~r~~/F1 vl./ ~tJe.,t?~~ 18. Continued Public Hearing from February 15, 2005: CPA 04-003 Request for a Comprehensive Plan Map Amendment to change approximately 48 acres from Industrial to Mixed-Use Regional for Ten Mile Development. LlC by Hansen-Rice, Inc. - SWC of North Eagle Road and East Pine Avenue: PlffYPvztl-, 19. Public Hearing: RZ 04-017 Request for a Rezone of 61.63 acres from I-L & L-O to C-G zone for Ten Mile Development, LLC by Hansen-Rice, Inc~ - SWC of North Eagle Road and East Pine Avenue: 'i//"OVlIL- 20. Public Hearing: CUP 04-051 Request for a Conditional Use Permit for a Conceptual Planned Development for commercial I retail uses for approximately 615,430 square feet of building areas in a proposed C-G zone for Ten Mile Development. LLC by Hansen-Rice, Inc. - SWC of North Eagle Road and East Pine Avenue: ~/ffi7Vt!.-- 21. Ordinance No. t? ~ --I ( :3 ~ AZ 04-011 REVISED Request for Annexation and Zoning of 9.8 acres to R-8 zone for Alexandria Subdivision by Lonnie Johnson - 4205 North Locust Grove Road: apf1r;;~ 22. Ordinance No. t?t) -/1 3 6 RZ 05-001 Request for a Rezone of a249 acres from R-8 to O-T zone for Robert Monson by Robert Monson - 829 North Meridian Road: t/ll'p-rPV'L 23. Ordinance No. t?'7 - /1 37 : RZ 04-018 Request a Rezone of .74 acres from L-Q to C-C zone for Kinetico Qualitv Systems of Treasure Vallev by Irma Jean Phillips - 544 West Cherry Lane: <VfJf'hP 11'<-- 24. Executive Session p~r Idaho State Code 67-2345(1)(a)(c)&(f): cvrr~. Li'L- /7A:J'- Meridian City Council Agenda - March 29t 2005 Page 4 of 4 AU materiafs presented at public meetings shall become property of the City of Meridian. AnYOne desjring accommodation for disabilities related to documents and/or hearingS Please contact the City Clerk'S Office at 888-4433 at least 48 hours prior to the PUbliC meeting. April 15, 2005 MERIDIAN CITY COUNCIL MEETING APPLICANT April 19, 2005 ITEM NO, 5-A REQUEST Approve Minutes of March 29; 2005 City Council Regular Meeting AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE OEPT: 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. ( . (~~: Meridian City Council Meetina March 29. 2005. The regular meeting of the Meridian City Council was called to order at 7:00 P.M.,Tuesday, March 29, 2005, by Mayor Tammy de Weerd. Members Present: Mayor Tammy de Weerd, Keith Bird, Shaun Wardle, and Christine Donnell. Members Absent: Charlie Rountree. Others Present: Bill Nary, Will Berg, Brad Watson, Anna Canning, John Overton, Kenny Bowers, Doug Strong Tara Green, Ted Baird, and Dean Willis. Item 1: Roll-call Attendance: Roll call. X Shaun Wardle Charlie Rountree X X Christine Donnell X Keith Bird Mayor Tammy de Weerd De Weerd: Okay. I will go ahead and open our regular City Council meeting and welcome you all here tonight. It is March 29th, for the record. 7:00 olclock. Mr. Berg, will you, please, start with roll call attendance. Item 2: Pledge of Allegiance: De Weerd: Thank you. Item No~ 2 is our pledge of allegiance and we will be led today - - well, I will introduce Steve Sedlacek, he's the Sanitary Services Corporation, and he will introduce who is leading us in the pledge. If you will, pleaseJ rise. Sedlacek: Do you want introductions here? De Weerd: Uh-huh. Sedlacek: We have got our group called the FROGs here, that's the Future Recyclers Of Garbage. The group was started at the Crossroads Middle School with the science and ecology class there. They couldn't make it today, so we have got their honorary members. They are not quite middle school yet. Weld like to lead the pledge of allegiance. De Weerd: Okay. Thank you. (Pledge of Allegiance recited.) Item 3: Community Invocation by Pastor Burton Roberts, with Meridian Gospel Tabernacle: Meridian Cjty Council March 29, 2005 Page 2 of 72 c ( De Weerd: A timely reminder to recycle. And how could you not after seeing those future recyclers. Okay~ Item No~ 3 is our community invocation. We will be lead tonight by Pastor Burton Roberts, who is with Meridian Gospel Tabernacle. If you will, please, take this moment as joining us in the community invocation or as a moment of silence. Pastor. Roberts: Thank you, Madam Mayor. Shall we pray? Almighty God, we pause to thank you tonight for the privileges that we have living in a country that is under God and we thank you that we can be thankful in our hearts for your many blessings to us, including the privilege of living in this beautiful City of Meridian, Idaho. Tonight, Father, we ask for your wisdom, your guidance, your strength, in each decision that is being made tonight, may it truly be a wisdom that comes from the heaven above to strengthen our thoughts and our processes that we might truly find in you the strength to be all that we need to be to make this a continuing improving community, that we might all truly continue in that strength. We ask all these things in Jesus' mighty name, amen. Item 4: Adoption of the Agenda: De Weerd: Thank you, Pastor. Item No~ 4 is adoption of the agenda. Bird: Madam Mayor? De Weerd: Mr. Bird~ Bird: I would move that we approve this revised revised agenda. In the Consent Agenda the resolution number is 05-466 and in the regular agenda Item 21 is 05-1135 and 05-1136 is No~ 22 and 05-1137 is Item No. 23~ With that, I move that we approve the revised agenda. Donnell: Second. De Weerd: Okay. It's been moved and seconded to adopt the agenda. All those in favor say aye~ All ayes. Motion carries~ MOTION CARRIED. THREE AYES. ONE ABSENT. Item 5: Consent Agenda: A. Approve Minutes of March 1, 2005 City Pre-Council Meeting: B. Approve Minutes of March 1, 2005 City Council Regular Meeting: c. Findings of Fact and Conclusions of Law for Approval: CUP 04-054 Request for a Conditional Use Permit for a Planned Dev~lopment for retail uses in a C-N zone for The Shops at (. ('~_. Meridian City Cou ncil March 29, 2005 Page 3 of 72 Cherry Lane by High Point Equities, LLC - SWC of West Cherry Lane and North Ten Mile Road: D. Water Main Easement for Red Robin by Eagle-Fairview Investments, Co. LLC: E. Water Main Easement for Jade Plaza: F. Emeraencv Manaaement Joint Powers Aareement: G. Development Agreement: RZ 04-018 Request a Rezone of .74 acres from L-Q to C-C zone for Kinetico Qualitv Systems of Treasure Vallev by Irma Jean Phillips - 544 West Cherry Lane: H. Chanae Order NOli 5 to extend the curb and Qutter for Storey Park Phase II Construction: I. Chanae Order No.6 to widen and ~ave for Storey Park Phase II Con structi 0 n: J. Assessment Aareement for Boondocks Fun Center at 1385 South Blue Marlin: K. Easements for Construction of the Victory I Meridian Road Waterline with Evans: L. Overland Road Water and Sewer Oesian with Civil Survey in Coniunction with ACHD: Mil Award bid for Flushina Stations Construction to Star Constru cti on: N. Water Main Easement for Gravstone Buildina (L 1 I 84 Silverstone Business Campus) by Sundance L TP: o. Sewer Service Contract for the North Slouah Sewer Proiect: P. License Aareement for the North Slouah Sanitary Sewer Proiect: Q. Chanae Order No. 1 for the North SloUQh Sanitary Sewer Proiect: R. Award Bid and Contract for Meridian Senior Citizen Center Upgrades by KMO, Inc.: (" (~~'. \.. .. :. Meridian City Council March 29, 2005 Page 4 of 72 s. Resolution No. 05-466 Resolution Vacating a Portion of the Golf Course Easement Located on Lots 44, 45, 46 and 47 Block of Spurwing Subdivision located on the North Side of Chinden Boulevard, Approximately % Mile West of North Linder Road: De Weerd: Okay~ Item No.5, Consent Agenda. Bird: Madam Mayor? De Weerd: ML Bird. Bird: I move we approve the Consent Agenda, including Item No~ Sf which is Resolution No. 05-466~ Wardle: Second. De Weerd: The Mayor to sign and the Clerk to attest on all -- Bird: The clerk to attest~ I'm sorry. I haven1t done it enough. De Weerd: I know. You could practice. Bird: I need practice~ De Weerd: Okay. Is there any further discussion? Mr. Berg, will you call roll. Roll-Call: Bird, yea; Rountree, absent; Wardle, yeah; Donnell, yea. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 6: Department Reports: A. Mayor's Office 1. Appointment of Traffic Safety Commission - Jim Fisher: De Weerd: Thank you. Item No.6 under Department Reports we have had a quorum issue on our Traffic Safety Commission. Jim Fisher is here with us tonight and I would like to appoint him~ Jim has stepped in, actually, for a couple of the board members. One for the school district for -- to step in for Wendel Bigham and Elaine Estacio, he also helped her out. So, he will not be a new face to the commission, but would be a great addition and, then, we can count on him every time. So, Council, I would appreciate Jim Fisher, an appointment to that Commission. Bird: Madam Mayor? iF \, ( Meridian Clty Council March 29t 2005 Page 5 of 72 De Weerd: Mr. Bird. Bird: I move that we approve the appointment of Jim Fisher to the Traffic Safety Commission. Wardle: Second. De Weerd: Okay. The motion is to approve Jim Fisher on the Traffic Safety Commission. Do you agree, Jim? Thank you. All those in favor -- oh, well, we'll vote by -- Roll-Call: Bird, yea; Rountree, absent; Wardle, yeah; Donnell, yea. MOTION CARRIED: THREE AYES. ONE ABSENT. 2. Appointment of Fire Chief: Ron Anderson De Weerd: It's also my pleasure tonight -- I wasn't going to make this appointment of our fire chief until Friday, until I heard that the Mayor of Nampa needed to announce that he had an opening and so rather than Nampa announce our fire chief here in Meridian, I thought it would be good to put that on the agenda and make that announcement earlier than we had anticipated. We went through a national search for a fire chief. We had 17 applicants as far east as Marco Island and they were all very qualified. We are very fortunate to have that selection. And it is my honor to recommend to the City Council and ask for your approval of my appointment of Ron Anderson. Ron brings seven years of fire chief over in Nampa and a lot of additional years. I didn't bring his resume with me~ So, Ron has been very active with the fire chiefs association at the state level. He also has good legislative experience and both Council Member -- or Councilmen Bird and I served with Ron, as he was a City Council member -- and I won't say it, Ron~ He also beat me, you know, but I don't hold grudges. We are very honored to have him and, Ron, do you have any statements you would like to make before I ask for approval? Okay. I will ask you afterwards. Bird: Madam Mayor? De Weerd: Mr. Bird~ Bird: With great privilege -- I have had the privilege of nominating your nominations for two people and this is by far one of the best and I would like to appoint Ron Anderson as our fire chief. Wardle: Madam Mayor? De Weerd: Mr. Wardle. Merid ian City Cou nci I Ma rch 29 t 2005 Page 6 of 72 { Wardle: I would like to second that motion and welcome Ron to the position and the changes and all of the challenges that our department is going to face this year and in the coming years and gladly second that motion. De Weerd: Thank you. Is there any further discussion? Bird: I have none. De Weerd: Okay~ Mr. Berg. Roll-Call: Bird, yea; Rountree, absent; Wardle, yeah; Donnell, yea. MOTION CARRIED: THREE AYES. ONE ABSENT. De Weerd: Thank you, Council. Chief, do you want to make any comment? Anderson: Thank you, Madam Mayor. I would just like to say that I appreciate the confidence that the few folks have in me and I appreciate the support that I believe exists on behalf of the Mayor and Council and the department heads and I hope I won't let you down and J will do my very best to lead the department into the future and through some trying times, but I think ifs going to be fun and exciting and 11m looking forward to it and can't wait until next Monday to get started, so thank you. De Weerd: Thank you. (would like to take a moment to also recognize Chief Kenny Bowers~ Before this meeting we had a transition team. Last year as I was coming into office I asked over 30 citizens, businessmen, and leaders of this community to help with the transition and look at 13 different areas that we wanted to focus on. We gave an annual update to that team. I think it was the way we should best recognizes the work they did and responded to each one of their recommendations and Chief Bowers presented the fire departments and there were seven recommendations, all seven of them have been met and continue to be focuses in that area. I would like to recognize Kenny. He has been the foundation our fire department was built on. He has seen it and led it through tremendous growth. In 1 999 we had one old fire station. Now, we have three new ones, a main station, and a fourth station that will be coming on line at the end of the year. We have -- I believe when Kenny was chief I think there were two full-time firefighters and today we have 30. By the end of the year we will have 42. So, as you can see, there has been a lot of change over that period of time and I appreciate Kenny's leadership and we are looking forward to a long-term relationship, because he will stay on with the department and use his expertise and his historical background of the department to the best utilization of his skills and, Kenny, I would like to take this moment to thank you and we look forward to seeing the additional work you and your department do in the future. Well, I appreciate you at least giving me the opportunity to say a few words. I have one other thing. I love a full house and I assume that most of you are here because you (ove Meridian and we do, too. Tomorrow at the state legislature, in front of the transportation department, there is a bill up for discussion. We hope it gets out of committee and that's the Garvee bonds and thafs Senate Bill 1183, I Co. Meridian City Council March 291 2005 Page 7 of 72 believe. We need you to call your legislators. Two of our representatives sit on that committee. Representative Mike Moyle and Representative Shirley McKague. They are both members of this transportation committee. If it doesn't get out of the committee it dies. This transportation bill means a great deal to Meridian, because it will fund needed infrastructure improvements to 1-84 from Meridian Road to Caldwell. It will add needed interchanges. One of those slated for Meridian -- or at Ten Mile. It also will fund improvements to Meridian interchange. These are desperately needed and they are not in a funded year right now. So, without this type of out-of-the-box, nontraditional funding that our state is looking at, we will not move forward like we need to as a state, not just in this region, but also as a state. So, if you will, please, call your representatives. The number is -- is that -- Anna, did you write that down? (s that 333- 11 DO? Bird: No. 332-1000. B. Parks Department - Doug Strong 1. Update on Chateau Park Irrigation: De Weerd: 332-1 000. So, again, thank you for -- hopefully your phone calls and, if not, patience for allowing me to make announcements that J can do as chair. les pretty fun. Okay. We'lJ get onto business. Okay. Item B is the parks department. Doug Strong. Or Elroy. Huff: Madam Mayor and Members of the Council, I appreciate being able to meet with you tonight~ It's regarding the -- an update on the Chateau Park irrigation. I have some handouts and I will give you one of those. It's one page. And, then, I will discuss that. Donnell: Just a minute, Elroy. So, Ron, you're going to leave early tonight, because you know from now on you1re going to have to sit over there? Is that right? Excuse me, Madam Mayor. I had to give him a bad time~ De Weerd: It starts early. Thank you, Elroy. Huff: You bet. Madam Mayor, Members of the Council, just to give you an update on the Chateau Park situation, we have had an irrigation problem there since construction on that park. To make a long story short, we had a little strained relation with the irrigation district back then and we think we have got that worked out. However, in the case of working that out, we have some costs to upgrade that system, which is part of the agreement that we had with them that we would do when we did come into that system. We did, upon closing the deed to that land, we did pay to Dan Wood, Incorporated, for the upgrade of the pump station, so that we would have the ability to go in that pump station. The system that we have been using at this point has been very limited, so we need to make some changes on that, so we don't have a problem irrigating that site that I had a problem with last summer. We will have to watch that really close. So, I need to get away from being able -- from watering about 24 hours a Meridian City Council March 29, 2005 Page 8 of 72 ( . (:~".." "". day to -- or 23 down to an eight, nine hour water window on that.. So, anyway, in conjunction with that, you can see the cost that I have labeled here and I left something out by accident, but on item number three it talks about the pump house and the intake pipe. There is some other things that are involved with that. When that line comes 900 feet down to the park, in with that we also get an upgrade for shoulder season watering, which is what we do in the spring and the fall before irrigation comes. That will be upgraded to make sure that that is adequate. So, there is a whole bunch of things rolled into that figure there of 19,000. So, thafs where I am with that in order to get that park right Sorry, Christine, I did not have an opportunity to meet with you about this beforehand and that was my fault~ But does Council have any questions on that? De Weerd: Council, do you have any questions? We did give you notice I think a couple months ago that this would be coming up. Unfortunately, working with Public Works,. Elroy also found that last year we did not have all the water that we were allowed. So, that has been resolved as well. So, any questions? Okay. Huff: Madam Mayor, Members of the Council, excuse me. Also, working with the irrigation district on that, I got some really good help from Bruce Freckleton out of Public Works and we worked on the water rights for that and we did, really, end up with a good water right. And sometimes that language for individual parcels is written just a little bit different and we kind of come out on the top of that~ So, we ended up with more water than I thought we were going to get on that site from the Irrigation district~ So, that part's worked out welJ~ De Weerd: Good. Huff: SOl I'm just here tonight to now request funds from impact fees to get this project started and get it done. I have a couple things J need to get done before irrigation season in the next week or so, so I need some action on that if I can get it tonight. De Weerd: Okay~ I need a motion~ Donnell: Madam Mayor? De Weerd: Yes, Mrs. Donnell. Donnell: I would move that we approve this expenditure, so that we can do this irrigation upgrade. Bird: Second. De Weerd: Okay. The motion is to approve the numbers that are in front of us here on the memo dated March 27th, 2005. Is that correct? Bird: Madam Mayor? Could we -- with Mrs~ Donnellts permission, could we just round that off to not to exceed 40,OOO? That way if Elroy -- Merid ian Ci ty Counci I March 29, 2005 Page 9 of 72 (.. ( Huff: That would be fine. Bird: -- gets -- if Elroy got something that at least it would be covered, a little extra, without having to come back with a bunch of change orders. Donnell: The maker of the motion agrees. Bird: Second agrees. De Weerd: Okay. So, the motion is up to 40,000 dollars. Mr. Berg, will you call roll. Roll-Call: Bird, yea; Rountree, absent; Wardle, yeah; Donnell, yea. MOTION CARRIED: THREE AYES. ONE ABSENT. c~ City Attorney - Bill Nary 1. Proposed Solid Waste Collection Ordinance: De Weerd: Thank you. Item C, our city attorney. Nary: Madam Mayor, Members of the Council, there is two items on our report tonight. The first is the solid waste collection ordinance. We had submitted that -- I don1t find it on the web page. I donlt know if it made it on your disk, if you have a disk, instead of the website. We did transmit that last week~ Ifs not a significant number of changes, but, really, more of a shell for the sse group tonight~ Mr. Sedlacek is here and can probably fill in a little bit more on some of the changes that have been. This has gone through the solid waste advisory committee as well and thatrs why it's before you to review, but I, again, apologize, I thought it was already transmitted to you, but if it hasn1t I will make sure you get it before it comes in front of you for review for passage. But Mr. Sedlacek probably has some additional information he could provide you. This is more of an update to our current code and cleaning up some language and also adding some policy statement sections to the beginning of the code as the basis of the authority for why we -- why we have franchise fees and why we have this program in the city. But Mr. Sedlacek may have a little bit more to add to that. De Weerd: Steve. If you will state your name for the record. Sedlacek: My name is Steve Sedlacek with Sanitary Services. De Weerd: Thank you. Sedlacek: Madam Mayor, Members of the Council, I think that's exactly right. This ordinance modification is simply to clean up and make sure it represents the scope of work that we provide the citizens. For example, last year we added a mini roll off (OO Meridian City Coun cil March 29, 2005 Page 10 of72 system that customers can use, so we needed to address that in the ordinance and put -- you know, put weight limits and clean up some language, so this is something we'd like to do every three or four years, just review the ordinances and make sure they are up to date and keep things current. De Weerd: Thank you~ Council, any questions? Bird: I have none, MayoL De Weerd: Okay. Donnell: Madam Mayor? De Weerd: Yes, Mrs. Donnell. Donnell: Did you have a copy of that ordinance, Steve, there? Sedlacek: I do. I have red lined -- Donnell: Since we didn't have that -- Bird: We have seen it. Donnell: Did we see that? It wasn't online and thafs where I go. Bird: It was in your box. Donnell: It's in this pile? Then, I will look at it. Nary: Madam Mayor, 1111 make sure to have it transmitted electronically as well to all of you this week and we can put it on the agenda next week if you1re still not ready yet. We certainly can delay it a week. But 1 will make sure it's on the agenda. Sedlacek: There is no great rush to approve this, if you want to have time to review it and ask questions, thatls fine~ Donnell: I just haven-t had a chance to even look at it and I don1t see it here. Nary: My apologies, Madam Mayor. I will make sure that gets electronically sent to all of you, so -- Donnell: Okay. Truly it's not in this pile. Bird: Okay. De Weerd: Thank you. t. Meridian City Council March 29 t 2005 Page 11 of 72 Sedlacek: There was a second issue. De Weerd: Okay. Sedlacek: Were you going to discuss the household hazardous waste expansion? Nary: Why donrt you. Sedlacek: All right. The City of Meridian collects -- or we, on behalf of the City of Meridian, collect household hazardous waste on the 4th Tuesday of every month~ We are the single largest collection event in the county and ies getting so big we are starting to have to add -- our subcontractor is adding more and more staff to keep up with the volume of waste coming in. To alleviate that we have the opportunity to add a second collection day. We can now have the 2nd and 4th Tuesdays of every month and thatls because Garden City that was collecting on the second Tuesday is getting out of the program for whatever reason~ So, we can pick that day up. We presented that to the solid waste advisory committee and they think thatls a good idea. We believe itrs a good idea. It will, in the short term, eat into your recycling revenue a bit, about 750 dollars a month more~ Itls not a big amount, but it provides a greater service to the citizens and you're going to end up paying higher costs anyway, you may as well increase the availability of the program to the citizens~ Nary: Yes~ Madam Mayor, Members of the Council, the solid waste advisory committee at the last meeting discussed it and I think, as Mr. Sedlacek said, the discussion, basically, was between having increased staff and service on the one day a month, which would probably cost us more money, or to have the second day, which would provide greater -- probably greater service to the community and so the committee's recommendation was to go forward with the second day~ Sedlacek: Right. Unless there is an objection by the Council, weld like to move forward with that And we would start that in May. De Weerd: Okay. Thank you. Do we need a motion? Nary: I don't believe you need a motion. I think itls part of the charge of the committee to go forward with that, so, no~ De Weerd: Okay. Thank you, Steve. Sedlacek: Thank you very much. De Weerd: So, Council, do you feel comfortable that this ordinance change come up and be presented at Public Hearing? Donnell: Yes. Merjdian City Coun cil March 29 t 2005 Page 12 of 72 (.... . ('". ... ... .. De Weerd: Okay. Bird: I do. De Weerd: Okay. Mr. Berg, we will go ahead put this up for Public Hearing. Nary: Next week. De Weerd: Next week. Nary: Put it on the agenda next week. We don't have to hold a hearing. It doesn't need a Public Hearing. De Weerd: Okay. Nary: It's not amendments for fees. De Weerd: Put it on the agenda. Berg: Thank you. 2. Draft Ordinance for License Alcohol Establishments and Prohibiting Two License Establishments within the Same Premise: De Weerd: How is that? Okay. Item 2. Nary: Madam Mayor, Members of the Council, the other item on the agenda is an ordinance request that this Council asked me to prepare a couple of weeks ago in regards to some licensing issues that we have -- that we are having locally and regarding two licensed alcohol establishments within the same premise. What I would . ask you to do is -- as you can see, Items 8, 9, and 10 deal with similar issues, not the exact same issues, but it might be better to either set this matter over until after you have had that discussion or you can certainly set it over to next week if you want to, but rather than take this matter up before these other ones -- this ordinance wontt affect these applications that are before you tonight. So, this ordinance may be best served, like I said, at the end of our agenda or at next week's discussion, if you'd prefer. De Weerd: Thank you. Since I was playing with my computer -- I do know -- Anna, do you have any comments to add to this at this point? Canning: J think that the next discussions with regard to the specifics will help the Council decide what they want to do as far as amending the ordinance, so -- or the liquor license ordinance. ( /..-~.... .. ( Meridian City Council March 29 t 2005 Page 13 of72 De Weerd: Okay~ Council, any-- Bird: Madam Mayor? De Weerd: Yes, Mr. Bird. Bird: I believe we need to take Mr. Naryls advice and lefs just bring this back as a department report next week and let's go through these here and see what we decide or jf we decide anything on these, do that, and, then, we can certainly look at the ordinance next week and bring it back. De Weerd: Okay. Bird: That would be my preference. Item 7: (Items Moved from Consent Agenda) De Weerd: Okay. Well, there were no items moved from the Consent Agenda. Item 8: Tabled from March 29,2005: Approve LiQuor License for Backwater Saloon: Item 9: Approve Liauor License for Top Shelf located at 127 East Idaho Avenue: Item 10: Approve Liquor License for Eddv's located at 501 South Main Street: De Weerd: So, I will go ahead and move onto Item 8. Itls tabled from March 29th. It's a liquor license for Backwater Saloon. Mr. Nary. Nary: Madam Mayor, Members of the Council, I think for the sake of time and ease, it may be best to open all three items -- or begin with all three Items 8, 9 and 10-- De Weerd: Okay. Nary: -- for the purposes of discussion. These, again, aren't necessarily public hearings, but you do -- I would recommend that you hear from the applicants. Just to lead off this discussion, the staff, myself, Captain Overton, and Planning Director Mrs. Canning, met with the applicants -- well, a couple of the applicants yesterday and their legal counsel in regards to these. What I would be recommending as the attorney on this is that you -- we can give you a staff update on the staffs position on these particular applications. They are somewhat distinct applications and the legal issues are somewhat distinct between these. Hear from the police and hear from the planning department as to the concerns that they have and my recommendation would be to allow the applicants a few minutes, ten minutes, whatever Madam Mayor thinks is appropriate, to explain their circumstances and why their applications are before you ( en ... Meridian City Council March 29 t 2005 Page 14 of 72 and what their reasons and what their needs are and, then, you can balance those in making a decision. Mr. Brian Donesley represents two of the applicants that are here tonight. I don1t know if hers going to speak on their behalf for both of them or if they are going to speak individually. Mr. Beeler is the applicant for the Top Shelf license and, again, ( donrt know if hels speaking for himself or he has a representative. There are two distinct issues before you on these applications. One is what this ordinance that was before you momentarily was trying to address and this is an application -- this is the application that is before you for the Backwater Saloon and for Top Shelf. These are both applications to have a licensed liquor establishment encompassed within another already licensed liquor establishment. We haven't faced those types of questions before and the reason that they hadn't come up before is because there has been some change in enforcement on the state leveL I did put in a call today to Lieutenant Clements of the Idaho State Police, he is the administrator for the alcohol beverage control division currently and they have changed their policy and their practice and enforcement in the last -- I guess six months to a year that hers been the director of that and thatls why these applications are in front of you. The only legal issue in front of you tonight is currently under our city ordinance it can be interpreted in one of two ways. Bars and other alcoholic establishments on all the zones that they are allowed to be in, indicate that they require a conditional use. It can be interpreted that having a conditional use application process can basically flush out whatever public issues may be present. There may be issues of the number of persons that will be on the premises, the parking requirements, whether there are any other planning and zoning types of issues, whether they are compatible with the neighborhood. Thafs the general purpose of why you have conditional uses. Historically in Meridian we haven't faced this type of issue before, because no one we are aware of has actually asked to do it in this particular fashion, but the only other type of licensed establishments that we normally require that the applicant actually reapply with each -- with each application is with day cares. Thaes the only other license type that we deal with. Generally, conditional uses run with the land. So, under a traditional analysis, if the facility -- for example, the Backwater Saloonls application is to be contained within the current Whitewater Saloon facility, they already have a conditional use to operate. So, under traditional analysis they wouldn't require a second one, because it would run with the land. Again, this is a licensed establishment, so it's a little different. Certainly, you have the freedom as the Council to interpret your own ordinance differently in regards to these types of facilities. Thatrs the legal issue before you. On the other application for Eddyls, it's a little bit different. It is in an area -- itls a restaurant that is applying under the state law that allows for licensed liquor establishments to have a restaurant certification and the state has particular requirements to meet that -- to meet that certification. That's what Eddy's Restaurant is applying for. It's applying to be located within the Mugsy's restaurant thatls up on Main Street over near the water tower. That area doesn't have a conditional use, because under our current ordinance it doesn1t require a conditional use for a restaurant~ So, thereforeJ the conditional use doesn't apply, the issue is -- the issue before you is whether this application for Eddy's is a restaurant. Under our current ordinance -- and 1111 let Mrs. Canning be more specific, but under our current ordinance generally restaurants are only defined as a business that primarily serves food. We don1t have any particular requirement that the state does as to what makes a Meridian Ci ty Cou ncil March 291 2005 Page 15 of 72 (7..:. ~~. ... f ("....:..:.. . : restaurant versus what makes a bar. Again, as the Council you are free to interpret your ordinance and establish what those standards of what does that mean when it says primarily serves food and I think what the planning staff is looking for is what that direction is~ Is it -- is it the most appropriate measure is to use the state standards and requirements that exist under the state law and do a restaurant certification and, therefore, allow this facility to operate in that -- in that same location. I think the information you should have before you from Eddy's -- this is a second licensed application for Eddy's -- has a menu attached to it, has a floor plan attached to it, and there is some other licensed information that's provided that was provided to the state for that certification~ Those are the two legal issues that you have in front of you to decide and I'm certainly free for any questions that you might have, but I certainly want to give Captain Overton and Mrs. Canning the opportunity to give you information on their concerns from their department. De Weerd: Council? Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: Before we begin staff and public discussion, I need to disclose that the applicant on Item No.8, Mr. Gary Bates, stopped by my office about a week and a half ago, discussed some of these issues, and I informed him that this was the public forum to discuss those decisions and so wanted to put that on public record. De Weerd: Okay. Mr. Bird. Bird: Yes~ I would like to also -- Item No.9, Top Shelf, Mr. Beeler called me today. I talked to him on the phone regarding this. Donnell: And Madam Mayor? De Weerd: Mrs. Donnell. Donnell: Nobody called me. De Weerd: No one called me either. Anna, did you have anything to add here? Canning: Madam Mayor, Members of the Council, the only thing I will add is that I think Bill -- Mr. Nary went through most of the concerns that the planning staff has. The two definitions that we are working with -- and that's really what it boils down to is these two definitions. One is for a restaurant, which talks about preparation of food and that1s their primary business and the other one is for a bar that explicitly excludes a restaurant where the principal business is serving food. Now, when Mugsy's went into the location it was formally a restaurant and we had lengthy conversations about would you be changing the floor plan, would you be, you know, changing the arrangement of the -- or Meridian City CounciJ March 29. 2005 Page 16 of 72 (..: ( increasing the number of places at the bar or increasing the size of the bar and, no, he was using the existing bar, he was using the existing floor plan, he was using the existing kitchen. So, I approved Mugsy1s locating in that facility as a restaurant and, then, the bar was kind of an accessory use to the restaurant~ So, when the first Eddy's application came in where it just described a small portion of the building where the only business was a bar, my comment was that it needed conditional use approval, because a conditional use was required in that zone, because it wasn't talking about a restaurant. Now, their second application amended it to include the kitchen facilities that are in Mugsy's at this point and they have also included a menu. The principal business here is neither selling liquor, nor selling food, so it leaves me in a quandary as to where to go. If we want to move toward a new definition of bar, I think that would be helpful. One of the things I have learned this week is that there is a specific distinction on the physical liquor license where there is a little check box for a restaurant certificate and if they request that restaurant certificate as part of their liquor license, they are required to meet some additional standards. One is that 40 percent of everything they -- consumable purchases that they make. So, that would be the food that's used to prepare the items that they are selling and the liquor that they are purchasing to sell by the drink, 40 percent of all those sales need to be tied to the food end of it to qualify as a restaurant~ And, then, there are some other -- that is my understanding -- and I just learned this yesterday, so my understanding is that enables them to have children in the facility during different times, so that they can have a wider clientele. So, thatfs the benefit they get from having that restaurant certificate, it opens up their facility to more folks. But it also has that -- some strings attached to it as well. If we want to move toward that definition, that's fine. I think we are always going to struggle with the folks that want to be allowed as a restaurant, but that push the boundaries of a bar. There are always going to be some folks that are just a restaurant that happen to have a bar and there will be people that are pushing the boundaries, that's just the way it goes~ So, jf we come up with a definition that seems to be better than the one we have, I'm happy to implement that. I just -- this would be a new way to go if we want to go with this restaurant certificate that~s on the liquor license. I think that's alii wanted to add on that discussion. De Weerd: Anna, is it typical that you would have two eating establishments that share the same kitchen and share the same space? Canning: Actually, it's not terribly uncommon, but I have heard of it Sometimes -- well, Sun Valley isn't a very good example, but there is an example, there is three or four -- their kitchen serves three or four different restaurants. They have, actually, two kitchens that serve three or four different restaurants, but that part doesn1t bother me, because when we look at zoning approval, we look at the land and if the land hasn1t changed in the use, then, I wouldn1t be that concerned whether it was two people using one kitchen or one person using that kitchen. Nary: Madam Mayor? De Weerd: Mr. Nary. Merid ian City Coun eil March 29 ~ 2005 Page 17 of 72 ( Nary: Just to supplement that, it's certainly not uncommon in a hotel that you may have a common kitchen and more than one restaurant or food facility that uses the same kitchen~ Part of -- just to give you a very thumbnail -- Mr. Donesley, if he's going to speak, certainly knows a lot about this area of law, but a lot of the evolution of the liquor licensing laws in the state have come from the 1305 and 1408 and some of them haven't been very well updated over the years either and since Mrs~ Canning mentioned Sun Valley, that was one of the areas where they did make some changes in the law to deal with the fact that some cities weren't very large, didnlt have a large enough population to have more licenses available, so they allowed in those places, like Sun Valley was the example, to create all of the facilities under one roof and in the past, if some of you remember, the Sun Valley lodge area used to have all one roof that encompassed the entire facility, including all of the shops and everything else that went around it, that would allow them to have one liquor license for all the facilities that they had within it. That's something to consider as to the ordinance that you set over to next week in the consideration~ In some situations those things make sense, sometimes they don't. The issue becomes more on the availability of these licenses and them being used in the community and that's what I think the applicant's are going to speak to as to why these particular types of applications are in front of you and what -- the problem with the way the ordinance -- or the state law is in trying to put these into place and make them actually usable. De Weerd: Okay. Thank you. I assume the applicants are here~ Is Mr. Donesley going to speak on behalf of both Items 8 and 1 O? DonesJey: 11m Brian Donesley. Jld like to make just some short comments on behalf of Mr. Eddy and I think this would have some application as well to Mr~ Bates~ Mr. Bates is with the BackwateL Mr~ Eddy is with Eddyrs~ De Weerd: Okay. Well, weill give you -- Donesley: I have represented them both~ Tonight I think Gary has asked me to make a few comments, but, essentially, helll represent his own interest and I would like Mr. Eddy to address Mayor and Council, Mr. Bird and Mr. Nary and associated staff. But I will be very brief~ De Weerd: Please state your name for the record. Donesley: Brian Donesley. De Weerd: Thank you. Donesley: 11m a lawyer here in Boise. By way of background, I once was the liquor chief and I was once the lawyer for the Department of Law Enforcement, now it's the ISP, and I have been involved in this -- these licenses for many years and I have done a lot of licenses, including in Meridian and I have represented Chilli's and Applebee's and Meridian City Coun oil March 29, 2005 Page 18 of72 ( ! \. Goodwood and all of those historically all over the state, frankly~ This is an evolving thing~ The law is very complicated; ifs very strange, because if you look at it it doesn1t make any sense. As I described in the meeting yesterday, you turn a screw over here and something explodes over here and we have to be careful. There is -- these issues - - there is nothing new here. The personalities change, the words remain the same. What we are talking about is not one roof over numerous bars on the same licensed premise -- premise being a building licensed, run by the same operator. In fact, these are different operators. Well, the Backwater is going to -- is two separate licensed premises in the same building. They are separate. They are distinct. They may share some facilities, bathrooms, they may be -- there may be an agreement to provide services back and forth, which isn't unusual, ies -- it may be unusual, but -- if we are looking at the broad scope, but it's not unheard of, clearly, to be having somebody provide seNices for another licensed establishment or the premise or sharing bathrooms or even sharing kitchens. The Hoff building for years has more than one bar downtown. There is more than one bar in -- over here on Cherry Lane where the Whitewater is now and there is a Mexican food restaurant in there. Across the street, the Italian place, as I understand it, there is an active license over there. There is a lot of inactive licenses laying around, by the way, and we donlt know exactly where those are and part of the problem -- that's part of the problem with the ABC, they are now requiring that we identify where these licenses are and they want us to start using these licenses and bring them active, so that the stater the city, and the county know where they are and, by the way, can assess appropriately and properly so, the licensing fees. If there is an inactive license with a state license, but they havenrt licensed with the city for ten years, youfre losing revenue. I, for many years, asserted that I thought that we ought to be seeking to bring those licenses current with all licensing authority and I believe the state law requires that~ In any case, Mr. Naryt who is an old friend and associate as attorneys, I think has it right that there are some issues and there is some questions and that the state has made some changes in enforcement, but those changes have focused on trying to activate these licenses, so that we know where they are and we know what they are and we can deal with them appropriately~ Notwithstanding, back to the Italian place across the street, I think there may well be two licenses in there, if not now, then, pretty soon. We are seeing Sun Valley, they have more than one license now, they are all under the same roof. The Red Lion Riverside, the gazebo, they built a roof over to the pool side gazebo 25 years ago, so they could sell off a license and make revenue. They had two licenses there. There are many examples~ The Bank of America Center, I think there is at least two licenses in there~ Two licenses under one roof is not unusual. Sharing kitchens is not unheard of~ It really doesn't raise the issue -- or raise an issue that ought to be problematicaL The two situations that I am here to address are very different. Gary Bates will describe his at the Whitewater and I have helped him with that and we have done everything the state has required, we have tried to do everything the city has ever required and now, for whatever reason, we are here tonight and we want to explain what we are doing~ These people have put together businesses, their business is what they will describe to you and their intentions are as will be described to you. The Mugsy's is separate from Eddyfs P)ace~ Eddy's Place, the new licensee applicant, is asking you to approve a license on their zoning based as a restaurant. His intention is to sell food in there and Meridian City Council Ma rch 29 J 2005 Page 19 of 72 j~..".. .. (.....: ... c... ..:. he will sell as much food as is necessary, frankly, because the issue isn1t about ultimately today having a profit-making food service restaurant, as a practical matter, it's about providing the maturing, the growing of a license that can be used in future development and, honestly, without this kind of accommodation in the law by the city -- the state's already issued their license~ They are not in the picture~ They don't have an enforce -- they don't have a dog in this fight and I have talked to Lieutenant Clements many many times. He's okay with all of this. He issued the Jicenses~ The city that now, in light of the proposes with regard to the growth and the kinds of policies that you want in Meridian, I think that these ordinances may properly be reviewed. I would suggest they should be reviewed in the light of bringing proper, appropriate, and good development~ Today, as it stands, we have 90 days to get a state license in effect. We have a possible 60 days, 150 total. We canrt get a Conditional Use Permit that fast, which means that we will run through the entire liquor license list, nobody's going to bring a business to Meridian. Nobody is going to bring an Applebeels. I won't. I won't bring a Chilli's, J won1t bring anybody like that here, because I cannot possibly get it done, if I need a Conditional Use Permit, because the process for doing that is not expedited sufficiently to allow me to assure my client that I'll have them a license, they can get the loan -- the loan in place with the New York banks, they can buy, lease, the property, they can build a million and a half dollar building, they can hire 40 people, they can get it up, they can get the licensing done, and I have to be able to promise that there is a license awaiting them at the end of that. You need a building. You need a business to get a license, you need a license to get a business and a building~ Itls been this way forever~ We had waiting lists. Those waiting lists are people who are filling a need. My clients are real estate developers, real estate restaurant entrepreneurs, real estate and restaurant operators4 De Weerd: Mr~ Donesley, I'm sorry, could you, please, summarize~ I thought you were being timed. Donesley: Okay. Well, I think I just -- I think I really just said what J wanted to say~ Thank you~ De Weerd: I appreciate that. Donesley: And I would simple ask now Mr~ Bates and, then, I think Mr. Eddy will want to address the group~ If there are any questions, 1'm happy to respond as you may wish. De Weerd: Council, do you have any questions at this time? Bird: I do not~ De Weerd: Okay~ Thank you. I guess the first one on there is Backwater Saloon~ Who is that? Mr. Bates? Bates: Y es~ Merid ian City Counci I Ma rch 29 t 2005 Page 20 of 72 (" De Weerd: If you will, please, state your name. Bates: 11m Gary Bates~ I, actually, brought a resume~ I just want to, I guess, tell you a little bit about myself before we get started. And thanks for taking the time to hear me. (1m a person very much like you, I own one-third of Mitchener Investments. I'm a real estate broker. I have dealt in planning and zoning issues. I, actually, own another liquor license, which you approved, which is the Bill and Lynn's Back Room. I, actually, broker liquor licenses. I have liquor licenses for sale~ So, 11m pretty involved and knowledgeable about this, but 11m also just -- 11m a businessman, 11m a lot like everyone of you, I mean (1m a father, 11m a grandfather, I go to bed at 1 0:30, I get up at 5:00, I work hard, I donlt drink, I donlt smoke, 1'm just looking for opportunity and ten years ago I applied for a liquor license and I don't know how much you know about all this, but, basically, they -- they donlt tell you when you1re going to get it~ It's based upon one license for every 1 ,500 people. I, actually, looked over the history of Meridian and thought that I would be getting it in 201 0, approximately 2012~ So, it came much earlier than I expected, but they give you zero days when they issue the application, they just mail you a letteL They give you 90 days to put the license into effect. When I started looking at how that is all put together, I -- you can't get there from here in Meridian~ The Conditional Use Permit process is not -- is not very friendly to doing that in 90 days. J mean I went to the Limelite Room, I went to -- I looked at the Wooden Nickle to purchase that, that would have been annexed into the city~ I Jooked at the Heritage building next door, by the time J got around to that they had ripped the restaurant portion out. J looked at different facilities that I could, actually, get into, because I have been to planning and zoning a number of times. Every time I found a building I went to them to see if that would work and in each and every instance they told me that I would have to find a building that was zoned properly~ One of the properties I looked at, which, actually, makes no sense to me, but was the Thomas Bill furniture store~ At the time there was another facility in there, they had a beer and wine license. Zoningwise I could have put a liquor license in there, because I had heard that they were a little bit iffy on their financial end of it, I chose not to go there, but you just kind of have to go where the law tells you to go. I have done nothing wrong~ I follow the state law, the county law, and the city law to the letter~ I have been to Planning and Zoning and they told me what I needed to do~ The state told me what I needed to do. And so we wind up with these -- I guess kind of closet bars, if you will, only out of necessity~ That was -- that was what had to happen, according to all the rules and ordinances~ Licenses are matured~ They have to operate for a period of six months, they, then, cannot be sold or transferred for a period two years~ You kind of have to crawl before you can walk, in that you have to get the licenses, Mr~ Donesley said, before you can actually go into the process of doing the business. From an economic standpoint, if I started today to open a business to get limited partners, to get financing, to get buildings, et cetera, et cetera, Jim looking at 12 to 24 months~ I have a license right now that is -- that 11m brokering for someone else in Meridian and a -- ifs a Mexican restaurant and they are trying to buy a piece of land that they won't even -- their due diligence period runs through July. They will have 90 days after that in order to close and, then, they start to build. The first thing they did was buy the license, they tied up the license. So, ifs almost like they have to put the cart before Meridian Ci ty Council March 29 J 2005 Page 21 of 72 the horse, but here we are trying to work within all the ordinances and it's just -- what's happened is the state conflicts with the city, but when the state did their laws back in the 1308 and 140s, zoning wasn't probably an issue~ You probably could have walked into Meridian and opened a bar on any corner in town~ It's just that they now conflict and ies really nobody's fault, it's just that there probably needs to be a central committee or something that kind of oversees all of the ordinances and state laws, somehow funneling them down, so that everybody can get a license in a way that is appropriate. I have -- J mean if -- the people that are currently here, the Mexican restaurant that I talked about, the Goodwood barbecue, the Ram, I think somebody else is coming in -- Red Robin. All of those people bought licenses before they ever made a move to Meridian and if we are not able to develop and mature these licenses, as Brian says, you will never get those businesses, because they won't wait ten or twenty years to get the license on a list~ So, we are just here trying to do kind of what -- which told us by planning and zoning, by the state, by the city, and I guess J haven't done anything wrong -- De Weerd: Mr. Bates, I don't think anyone said you were doing anything wrong. Bates: Well, ies -- to tell you the truth, from the very beginning, the state treated us like criminals almost~ They -- for whatever reason they wanted to put road blocks in our way and 11m looking for opportunities, not obstacles. De Weerd: I think what I have found in talking to Lieutenant Clements is he understands now more than he ever has the predicament that the code put new license -- new licenses waiting to mature in and he has also indicated he is very willing and open to work with the city, if we have someone who really wants to put it into use and to give them the time, frames, too. We have worked with him, because we see this as an economic issue, as well in bringing businesses who want to put them into use, because that's what they are actually there for~ They are to put into use and not to put on a shelf or in a drawer somewhere else~ So, I agree with what you're saying, maybe for a different reason. We have also worked with him to look at the legislation, so that it does allow for the legitimate person that's wanting to put it into use for a business, for the reason it's out there, and there is legislation out there. Unfortunately, it did not get introduced this year and Senator Bunderson is going to be introducing that, then, next year -- it does take into account the time frames and, yes, I agree, getting a Conditional Use Permit or if you had to annex and zone and get the Conditional Use Permit, it is a timing process and the city wants to work with those that want to go through that property~ So, if -- we don't have you in front of us today, accusing you of doing anything bad. Bates: I mean I have spent -- just on the Backwater Saloon I spent 9,000 of my own money, l've spent hours, days, months, out here looking at money, trying to figure out how to get this done and talked to Planning and Zoning, et cetera~ I'm almost 11 months into the process and I have done everything that I was told to do by everybody that I talked to and now I'm running the risk of not being approved. It's disconcerting. Meridia n Ci ty Cou ncil March 291 2005 Page 22 of 72 t. De Weerd: Council, do you have any questions? Bird: I have none. De Weerd: Okay~ Thank you~ Bates: Thank you. De Weerd: I guess Mr. BeeleL Beeler: Madam Mayor, Members of the Council~ De Weerd: You have five minutes. If you will state your name, please. Beeler: My name is Doug Beeler, 556 West Navajo Court in Eagle~ J have got an office -- I have been in business here as a financial advisor since 1989, so I have seen the growth that we are talking about~ I don't know how much more you can hear about this issue tonight. Basically, what we have all done, obviously, to get to this point, is to go through the approval process with the state, with the county, with the Central District Health Department and those people to get through the process, get through the first six months, which are stringent rules and, then, after that it gives us time to go ahead with a business plan and get some long range plan completely as far as the future business, however you want it to go~ Obviously, long term financially, these licenses are in little areas like this and -- it's not going to make anybody a lot of money, but at least it1s a starting point for us to get onto bigger and better things as far as different locations and things like that. I, too, have spent lots of dollars with attorneys and meeting with Lieutenant Clements and those people and they have all gone through the process and, obviously, we wouldn't be here if we wouldn1t have the county and the staters approval already. So, my situation is -- ies not very complicated, we just have a room inside the 127 Club, which would be monitored and maintained. Have a bar and tables and chairs and those types of things in there. Small establjshment~ But it will be a nice little cozy little place to visit. J don't know jf I really have anything more to add than what you have already heard tonight, besides that. De Weerd: Any questions, Council? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I do~ Doug, what -- how do you -- how do you plan to meet ADA and all the requirements that do come -- I believe bars are under ADA, too? Am I not wrong? Beeler: Well, yeahf the 127 Club meets all of those. Since we are already inside the 127 Club, in order to get to our place, you have to be inside of that building. Meridian City Council Ma rch 29 ~ 2005 Page 23 of 72 (.:. . (.. Bird: Are you going to be enclosed? Beeler: Yeah~ We have -- the doors are -- Bird: There has to be a number of exists and stuff? Beeler: Uh-huh~ Bird: Into the bar or exterior? If you1re enclosed you have to be -- I believe you have to go to the exterior -- have an entrance to the exterior. Beeler: Well, our -- our door is right by the back door of the bar. I mean ifs -- so, our opening opens into the 127, which goes out the back dOOL Bird: And you enclosed that back door for your part? Beeler: No. That back door is being used for both businesses. Bird: So, for both entities? Beeler: Right. Bird: I'd have to look at the code, but I don1t know if that's legal or not. Beeler: Well, like I said, it's been inspected by Central District Health and everybody. Bird: Essentially -- this is ADA~ They do sanitary. Beeler: Okay. De Weerd: Okay. Any other-- Donnell: Madam Mayor? De Weerd: Yes. Mrs. Donnell. Donnell: Okay~ So, since nobody called and talked to me and this -- Beeler: You would have told on me if I did. Donnell: Right. They did anyway~ Beeler: Yes, they did. Donnell: And 11m so new to all this and I have been trying to understand why one would apply for a license in -- for one little room. So, let me see if I can just put this simply for Meridian City Council March 29 t 2005 Page 24 of 72 me and see if, in fact, it is the way it is and that the reason to apply for one of these licenses in an already existing location, is so that you would reserve it for a future plan of opening up another business that you can transfer that license to? Beeler: Thafs correct, because you canlt -- yeah~ With the time limit with the state, you can1t really go through the whole process~ You have to get that license activated in a certain length of time and that doesn1t coincide with the time it takes to actually open up a business, go through the Planning and Zoning, conditional use -- Donnell: So, this is just a buy and save until? Beeler: Temporary hold in place, whatever you want to call it. Obviously, it is an intent -- it is a business, we1ve spent a lot of money doing this process already, so ifs just a matter of where can we go from here once we get over this hurdle. De Weerd: The problem is you get on the list and six months put it into service and you cantt sell it for two years, so if you can't put it into service in that six months, you can't sell it to someone who wants to put it into service, because it has to mature for two years, so it's kind of a conundrum. Donnell: It certainly is~ De Weerd: Thank you~ Mr~ Eddy. Eddy: My name is Mike Eddy~ I reside at 7988 West Arapaho Court in Garden City. De Weerd: Thank you. Eddy: And I will just make a few remarks. We have just about beat this thing to death. We were talking about the cart and the horse thing, you know, and back and forth a little bit, but I did want to make a couple of comments~ Vince's Restaurant in southern California where my mother worked when she was probably 18 or 19 years old had six stools and now they have four restaurants. So, you can grow your business from only a few stools~ I don't know if I will make that with two seats in my particular instance, but I may. About eight years ago, nine years ago when I signed up for a liquor license I was the owner of Harrison Hall Brew House in Boise and Wool and Mill in Bend and decided to go to Hawaii for a brewery over there, instead of building a restaurant over here. I probably should have built the restaurant here, as it turned out~ But I am in the restaurant business and have been in the restaurant business and may well do that again. I canlt make any promises that ('m going to open a restaurant, but I do want to have the opportunity to go through the exercise to analyze it and I can't do that in the time frame thafs allowed me by the state and so we are looking for having you guys help us develop minimum standards for us to not make huge investments into places that aren1t going to be our ultimate locations for business. We don't want to make poor business choices in order to make good business choices later~ So, I think especially with restaurants, we need some minimum standards, what you guys are going to Meridian City Coun cil March 29 t 2Q05 Page 25 of 72 (........ require from us in the business community in order to go through this license perfection process, so that we can, then, go on to do the things that takes six months or a year to plan and another year or so to develop. That's kind of what this is about But 11m going to work with Mike at Mugsy's on a couple of special menu items and, actually, get some people in the door, so watch out for us. I think, really, thatls all I have~ Everything else has probably been said, so if you have any questions I would be happy to answer them or if you have any questions of the attorney, I would be happy to have Mr. Donesley back up here. De Weerd: Okay. Council, any questions? Bird: Madam Mayor, I do. De Weerd: Mr. Bird. Bird: Sir, I know you're under a time limit, all three of you are. If we was to put like a year time limit on -- I have a real problem right up front, I'll tell you, of putting two licenses under one roof~ Now, J understand hotels, motels, and everything are different. Large deal. But we are talking about small bars and restaurants that -- where we are wanting to put two licenses in. If we was to put a time limit like allowing it for a year or you have got a two-year table with the state, could you live with that? Eddy: A year may not be enough time to actually open the doors. Two years would certainly be long enough to open the doors. One year 11m sure I could identify a place. I'm not sure -- 11m pretty sure I got trouble-opening doors, especially if I have to build a new building. That would be difficult. Bird: And the end of two years you could sell the license. Eddy: You could sell or transfer them. Bird: You could sell it or transfer it in two years and, you know, a lot of people -- lees face the facts, a lot of people buy a license to sell to make profits -- Eddy: Sure. I understand that. Bird: -- anymore, it's -- and, you know, in Meridian -- in Boise. It used to be -- and Garden City. But it isn1t anymore, because the population is growing fast. But two years I think would be very fair, if we was to decide that way. I mean I could go the time limit -- Eddy: I could live with that. Bird: -- I hate to have an open end. Meridian City Council March 291 2005 Page 26 of 72 c. (:....... . Eddy: I understand. Thatls fine with me. It certainly fits my personal criteria, but whether thaes the best decision across the board for the community I don't know jf I can comment on that. De Weerd: Well, in two years it would mature. Eddy: If J can respond also to the issue about the big hotel being different than the small restaurant facility. I don't know that having another restaurant within another -- with an existing restaurant with a very limited liquor cabinet is going to bring more people in the door. Itls going to affect the neighborhood, if it's going to affect anything drastic at all, so -- De Weerd: Now, Mr. Eddy, in your case you are saying you1re a restaurant going into a restaurant and so this is a little bit different for you? Is Mugsy.s a restaurant? Eddy: Mugsy's is a restaurant. De Weerd: Doesn1t it allow smoking? Eddy: No, I don1t think. De Weerd: Is it nonsmoking? Eddy: I'm certainly not going to -- my wife would kill me. De Weerd: And J won't even go in there, because I thought it was smoky. Eddy: In fact, if you1re a chess player you might want to come back~ I have got a nice chessboard set up. Have you been inside? Canning: Madam Mayor? De Weerd: I don1t have the patience. Yes, Anna. Canning: Mugsy's, as I understand it, does have the restaurant certificate and I wanted -- I forgot to mention something earlier. Mr. Eddy has revised -- I don1t know if that's the right wording, but hers asked the state to revise his liquor license to have the restaurant certificate. He currently does not have it. So, I would ask that if Council is inclined to approve it tonight, that they condition it upon him having the restaurant certificate or going through the conditional use process for the bar. Eddy: Thatls fine~ De Weerd: Okay. And you have done that? Meridian City Coun ci I March 29. 2005 Page 27 of 72 c ( Eddy: I have misunderstood several things in this process at the state, county, and the local level and I'm pretty good at forms sometimes. De Weerd: You're a part of the government yourself, so -- Eddy: I have been on both sides of it. But this is really complicated. When I first started making the application eight years ago, I thought, gee, this will be a fairly straight fOlWard process. Over the years I have found out a little bit more about it, but I was like seventh on the list, so I was like the last license chosen for this round and I had no idea this was going to happen right now and combined with Lieutenant Clements change in the interpretation of the same Jaw thatrs been there for a long time, I was caught up in the middle of a dynamic situation with rules that are changing. As a businessman, I donlt mind jumping through the hoops, just don't move them while 11m in the air, you know. Just make a level playing field where we can all operate and make the hoops so we can understand them and find them and, generally, we are pretty happy to comply, so -- De Weerd: Okay. Thank you. Canning: Madam Mayor, I believe Mr~ Bates wanted to comment on the two year time frame, if you -- that was a particular concern to him the other -- our meeting yesterday. De Weerd: Thank you for running my meeting for me. Canning: Oh, 11m sorry. I didntt know if you saw him. Bates: I just wanted to make a quick comment~ The two-year thing would work very well for me. I signed an two year lease on both Bill & Lynn's and with the Whitewater and I had to pay for that privilege and so amortizing those costs, along with attorney fees and everything over the two year period would work better for me than if it were six months or a year, I guess, so thatls all ( wanted to say. Bird: Madam Mayor? De Weerd: ML Bird. Bird: I would like to hear from Captain Overton on the police part of this. De Weerd: Captain. Overton: Madam Mayor, Members of the Council, I kind of feel responsible, because I brought this before you here over a month ago when we first discovered that we were having applications for more than one license under one roof. Part of the problem, of course, is we are faced in the police department with the enforcement of those liquor laws and had very few answers at that time for how this was going to be run. One of the foremost problems that still is a minor problemt but I think it's an easy enough fix, is Meridian City Council March 29 t 2005 Page 28 of 72 c... the facilities that they are applying for, they turn in a map on their application, much like you have attached, for what their facility is going to be, but what we need in law enforcement and code enforcement is a map of the facility specifically outlining where each license is and where it's not, so we can enforce the law. We have to look at the worst case scenario, which is the potential for one of those licenses being suspended and no alcohol being in that part of the premise. The second issue we had to deal with was trying to understand what the intent was in trying to bring two licenses under one roof. And I think, especially after our two and a half hour meeting yesterday, I understand and 11m pretty comfortable with that idea and the position they have been put in. The reason they are here isn't for anything more or less than the enforcement or the change in the enforcement done through ISP through Lieutenant Bob Clements and I spoke to him several times on the phone as well. (think everybody involved in this has spoke to him. I donrt see a large public safety issue with how it's being applied for. The one that got passed us thatls in existence right now, which is the Bill & Lynn's Back Room, J have had our officers there on multiple occasions to check on it That facility is locked with a buzzer on the door. When our officers went in there to do a bar check, they knocked on the buzzer, an employee from the bar came over with a sign -- they have a signed agreement that Mr. Bates had entered into with Bill & Lynnls. They opened it up for us to inspect it. They keep it locked, because they know full and well itrs a separate establishment, even though it's -- these are all really more or less large closets, but the -- they are true to their word so far in how they have been run and I give my -- my hat's off to them that they have done exactly what they said they are going to do and in the application for the Whitewater or the Backwater, again, we are talking about a six foot by eight foot room, but we are also talking about it being locked with a buzzer on it, so that people can't walk from one to the other, which was my major concern initially was having these two establishments under one roof. ('m fairly satisfied with what they have told us, that their issues -- or our issues have been addressed by them in how they are applying for these licenses. I think they know that initially we are going to give them a little extra police protection, as we make sure that everything is being followed in accordance with state law. But, again, I also acknowledge that they are put in a tight situation due to the state. So, J really donrt -- unless you have any questions for me, I don't see this as much of a public safety concern as we did initially, based on the little bit of information we had at that time~ De Weerd: And I appreciate staff working this through with the different stakeholders here. It did give a clearer understanding of it and as well it did answer the enforcement issue that was first raised is if one lost -- or their license was suspended or even lost, what would happen, and because when you co-locate they do define the space, then, liquor couldnrt be served in the one areal but it could be in, I guess, the closet if that were the last place. So, there is a separation and so I appreciate all the time that was spent trying to figure all of this out. Nary: Madam Mayor? De Weerd: Mr. Nary. Merid ian City Coun eil March 29, 2005 Page 29 of 72 c.... Nary: Certainly, as part of this application, if the Council is inclined to grant them, you can ask the applicants to provide that level of detail, so the police department has -- because, as Captain Overton stated, all they have provided is the description of their premise for their licensed establishment. But, again, because of the unique circumstances of being wholly located within another establishment, it may require that definition~ J can1t imagine the applicants having a concern of being able to show which portion of this facility is the Backwater and which portion is the Whitewater or which is the Top Shelf and which is the 127~ But you can certainly put that level of specificity if you wish to grant that. You know, you've hit on it a little bit and, again, as I said at the beginning, that the laws that we have here are very cumbersome and difficult and that's just the nature of the beast here, but, you know, you have an anomaly here that the state has imposed some time limits upon these types of applications of the six month and the two years and at the end of the two years it says if the state has decided on the front end to provide some direction on actually establishing a business, but at the end of two years they really donft care, I mean you can sell it, you can lease it, you can do whatever you want with it. So, it does seem to be sort of both ends of the issue and that's where, I think, if falls, unfortunately, to the city to try to manage how do we enforce within that time period of those two years. I don't know that this problem is going to go away~ Just so as yourre aware, as we grow and these -- as we get licenses as the city's population grows rapidly, we are probably going to be faced with this again, so you might want to consider that in both these applications, as well as that ordinance you're going to review again next week. Obviously, at some point our population will flat line a little bit more and you may not see them quite as rapidly, but this was a unique circumstance. It's just the numbers that were released all at once. De Weerd: Thank you, Mr. Nary. Mr. Wardle. Wardle: Madam Mayor, excuse me, J have a question -- a couple questions for staff. Anna, I have heard from the applicants that meeting the time line for the state is difficult, if not impossible, in our current conditional use process; is that true? Canning: Yes~ It take four to six months, which would be 120 to 180 days~ Wardle: Okay~ And just a follow-up question. Where are liquor licenses allowed within our zoning designation? Do they require conditional uses? Canning: They require conditional use in -- where ever they are allowed~ I'll have to look it up. I think itls mostly the C-G and maybe the C-C district. I haven't looked it up recently. Wardle: But my question was they do require a conditional use? Canning: Yes. Meridian City Council Ma rch 29 J 2005 Page 30 of 72 /. f. \..-". .. .. i~ \...... . Wardle: ML NaryJ a question for you of your review of the state statute~ If the applicants fail to place this license within their required temporal state, what happens to that applicant -- or to the application? Nary: Madam Mayor, Members of the Council, Councilmember Wardle, the state has the ability -- and I think thatls, again, been the problem -- the state has the ability to revoke it if they are not placed into use in a timely fashion. I think part of the testimony you have heard is that in the past it sort of depended on the timing and choice of enforcement and I think Lieutenant Clements has stated, as Madam Mayor stated, that the statels willing to work with folks, but, again, it's not very clear. The statutes have some pretty specific time limits in them and it appears, under the state statute, there is nothing that tells me there is any such thing as an inactive license~ It says if itls not being used ifs supposed to be forfeited, but the state has also created some other rules that allow them other time in which to get it reactivated~ For example, in Boise a couple of years ago there was a neighborhood bar in the Kootenai Street area that burned down~ Obviously, it would be a pretty onerous sanction that your bar burned down and, then, you lost your liquor license the next day, because you couldn't operate any langeL So, I think thafs the intent of somehow allowing some time period in which to reactivate it, but, again, the statute doesn't really guide that and I think thafs the problem here, is that it is an interpretation and enforcement issue and these applicants are trying to sort of navigate through those things. But to follow up on your question to Mrs~ Canning, when J did look at our city ordinance, again, thatls the question before you tonight, there are not principal permitted placed for bars~ They all require conditional uses. The only issue before you is whether or not if the facility already has one, does it run with the land, or does a second one -- is a second one required~ Thaes where I think the issue of concern is for these applicants is if you do require it, they can't meet the state time limit, they run the risk of losing their license. Wardle: Thank you~ De Weerd: Okay. Any further question? Well, Mr. Eddy, you would have to come up to the microphone~ We like to record every word. Eddy: Mike Eddy again. You have already got my address. Is that okay? De Weerd: No~ Eddy: Just my understanding is that jf you're operating a bar, you have to get a Conditional Use Permit, but if youfre operating a restaurant with a liquor license as an accessory use, you may not need to get a Conditional Use Permit in some zones? Nary: Correct. Eddy: Okay. That's alii had. (" ( Meridian City Coun ell March 29 t 2Q05 Page 31 of 72 De Weerd: Okay~ Council, what would you like to do? Any discussion or further information you need from staff or the applicants? Wardle: Madam Mayor, just a discussion point and it appears clear to me that we have two very conflicting statutes and -- or not conflicting statutes, but two time lines which would be nearly impossible to meet under the best circumstances without allowing such uses such as this. And I have heard testimony from the applicants that they have been on this list for a number of years and gone to significant lengths to make this happen, so I would be uncomfortable not approving these based on those facts~ As an opinion. Bird: Madam Mayor? DeWeerd: Mr. Bird. Bird: J agree with some of what Shaun said, but J also believe that we are already putting in CUP deals~ I go like Anna, I think that the CUP goes with the land. I donrt think you have to get a CUP for every little nitch inside the building, but I -- I feel that probably under the existing ordinance that we don't have any other way to go, but would I even want to go any other way. I brought up the two-year time limit. I don1t even think we can enforce that. I just think we need to look at the existing thing and change it over. These guys are going to be grandfathered in and I hope ten years from now we donft have two bars -- or licenses hanging in establishments, but maybe we will, so I would move that -- do you want this on a separate one? Donnell: Madam Mayor, before there is a motion -- Bird: Okay. Donnell: A comment. Bird: Go Ahead. Donnell: Okay. So, at first when this issue was brought before the Council, it seemed to me in my thinking that it was a way to circumvent the law, that it was a way to hang onto a license so no one else could get it and that you just keep someone else from having that license and therefore cut down on your competition~ This was my thinking. I think that's pretty good thinking, actually, but after listening to the information this evening and I particularly appreciated Chief Overton's remarks~ It sounds as if they are doing everything that they can do in order to, in fact, grow business and to provide opportunities for other businesses and so I, too, would be in favor of approval of these. De Weerd: Okay. Council, I guess we will take them one at a time. Bird: Okay~ Madam Mayor? De Weerd: Item No 8. Mr. Bird~ Meridian City Council March 29 t 2005 Page 32 of 72 Bird: I move we approve the liquor license for the Backwater Saloon. Donnell: Second. De Weerd: Okay~ The motion is to approve Item 8. Any further discussion? Mr~ Berg. Roll-Call: Bird, yea; Rountree, absent; Wardle, yeah; Donnell, yea. MOTION CARRIED: THREE AYES. ONE ABSENT~ De Weerd: Thank you~ Item 9. Bird: Madam Mayor? DeWeerd: Mr~ Bird. Bird: I move we approve the liquor license for Top Shelf, located at 1.7 East Idaho Avenue. Donnell: Second. De Weerd: Okay. I doubt there is any further discussion. Mr. Berg. Roll-Call: Bird, yea; Rountree, absent; Wardle, yeah; Donnell, yea. MOTION CARRIED: THREE AYES. ONE ABSENT. Nary: Madam Mayor? De Weerd: Mr. Nary. Nary: Before you get to Item 10, so that it's clear, I think J'm clear with the direction of the Council, but if we could have on the record, if it is the Council's desire that the interpretation of the ordinance that you want the staff to follow is that the conditional use permits for these facilities run with the land and no second Conditional Use Permit is required for these types of facilities that have been before you, if you would make a motion to that effect, that might be helpful. Secondarily, on the one for the next -- Item 10, I think -- and Mrs. Canning can correct me if 11m wrong, because she will -- is if you would want the staff to use that their interpretation states -- the state's interpretation of what is a restaurant as guidance under our current ordinance, as to determine whether or not this applicant is a restaurant, then, that might be helpful to be able to issue the license, if that's where you're going. Bird: Madam Mayor? Meridian City Coun ci I March 29 ~ 2005 Page 33 of 72 De Weerd: Mr. Bird. Bird: Before I go to No~ 10, then, I will make a motion, if the other Council agree, that -- that as of now CUPs stay with the land, not with the building. Nary: Except for day cares. Bird: Except for day cares. Wardle: Second. De Weerd: Okay. The motion is that CUPs stay with the land, with the exception of day cares~ If there is no further discussion, Mr. Berg. Roll-Call: Bird, yea; Rountree, absent; Wardle, yeah; Donnell, yea. MOTION CARRIED: THREE AYES~ ONE ABSENT. De Weerd: Mrs. Canning did Mr~ Nary state what you were needing information on? Canning: Yes, ma'am. De Weerd: Thank you. Nary: Lucky guess. DeWeerd: Mr. Berg. Berg: Thank you, Madam Mayor. Just to emphasize that we wouldn't issue a license for this next item until we get the appropriate license from the state that does have the restaurant acknowledged on it. De Weerd: Okay. Thank you. Do I have a motion. Mr. Wardle? Wardle: Madam Mayor, I move we approve Item No. 10, liquor license for Eddyls, located at 501 South Main Street, and to include comments from the clerk about the restaurant designation. Donnell: Second. De Weerd: Okay. The motion is to approve Item 1 O. Mr. Berg, will you call roll. Roll-Call: Bird, yea; Rountree, absent; Wardle, yeah; Donnell, yea. MOTION CARRIED: THREE AYES. ONE ABSENT. /. (.: (. Meridian City Council Ma rch 29 t 2005 Page 34 of 72 Item 11: FP 04-084 Request for Final Plat approval of 33 single family residential building lots and 3 common lots on 1 O~07 acres in a R-8 zone for Arcadia Subdivision by Pinnacle Engineers, Inc. - 5995 North Jericho Road: De Weerd: Thank you. Thank you for bearing with us through this whole thing. Okay~ Item 11 is FP 04-084. Canning: Madam Mayor, Members of the Council, this is a final plat for Arcadia Subdivision. You may recall it's located -- I don't have a vicinity map. It's located south of Chinden Boulevard off of Jericho Road, about a half mile West of Locust Grove Road, and the plat has 32 single family residential lots and, then, three common lots, one large one in the center there~ The gross density is 3.28 dwelling units per acre and the net density is 4.95 dwelling units per acre~ The plat is in substantial compliance with the approved preliminary plat. Staff is recommending approval. The applicant1s representative Mr~ McKinnon has requested a modification to Condition No. 16-A~ Currently it says include a fencing plan in compliance with Meridian City Code 12-4-10 and 12-13-15-9 and, then, it states: Fencing is required along the micro-path in Lot 6, Block 4, and a six foot solid material fence is required around the perimeter of the subdivision. He would like the first part of the second sentence struck, that being fencing is required along the micro-path in Lot 6, Block 4, and -- so, he has requested that that be struck~ We went back and checked the minutes and Councilmember Wardle specifically stated that if there were to be fencing, it needed to be consistent with code, but they did lose the option that there did not have to be fencing~ So, the code is a little ambiguous, but the motion was not~ So, we are okay with that modification to that condition. Wardle: Does that end staff's comments? Canning: That ends staffs comments. I don't have a letter from Mr. McKinnon, because I think he anticipated commenting on at least that item, if not more. Wardle: Would the applicant -- McKinnon: Hi. Dave McKinnon, 735 South Crosstimber, representing the applicant tonight. Everything Anna said is right on. We have read the staff report and we agree with it and I may want to ask Brad to probably grab the microphone real quick. He's-- okay. Because 11m going to ask him a question here real quick. We agree with the staff report. We just had one concern and part of the concern is going to tie to Public Works, thafs why I asked Brad to get on the microphone. There is a requirement on this plat to put in a pressure reduction vault and what that entails is putting in a large concrete vault on the property and putting in two water lines that come together of different pressures and inside that vault you put in some mechanisms, just basically called the guts of the vault, where the two pressures come together and there is a valve in between and they put that requirement on there, because we are at the edge of two of these different pressure zones and we went through and got an estimate as to what the costs would be for that and ies around 31 ,000 bucks and it1s an awful lot for a 33 lot subdivision, so we Meridian City Council March 29~ 2005 Page 35 of 72 sat down and met with the Public Works Department and said we are willing to pay our fair share~ This is affecting everybody and this will benefit everybody in the area, not just our project, we will pay our share and we would like everybody else to pay in and they said we can1t make that -- we can't agree to that, we have to go forward with the recommendations of approval under the approved conditions of approval and so we thought we would come and ask you tonight if itls possible that we pay our fair share, but not necessarily pay the additional cost for everybody in that area, because this is benefiting more than just us. There is precedent for this~ When Woodbridge Subdivision was approved, when the second phase came in, it connected with the high pressure line coming back from St.. Lukers and the City of Meridian agreed to pay for that, rather than put that on a larger development~ Woodbridge could have absorbed those costs a little bit better with 280 units, but with this project being only 33 units and it's affecting a larger area, weld ask if you could reduce that or let us work with your staff to have the city help pay for that in the future~ If you have any questions at this time -- and maybe Brad can clarify what the pressure reduction vault is and what the guts are, but we are more than happy to pay for the vault, just the guts get to be pretty expensive. The vault itself is about 5,000 dollars. De Weerd: Mr. Watson. Watson: Madam Mayor, Councilmembers, staff has worked -- or at least communicated with the applicant on this issue. Thafs the extent of my knowledge. 11m sorry. There is a lot of things going on. I'm sorryf I do not know the circumstances~ I would point out that on Woodbridge the city -- we were -- the Public Works Department was directed to make that connection against our recommendation, but, nevertheless, we did make it and, then, the city funded that. Whatever the case, we will continue to work with the applicant on this PRV, pressure reducing vault, as we have with other applicants along that boundary~ We do have the reimbursement agreement mechanism with the new ordinance, so we can look into some of those things to see if there is some costs that they can recoup. De Weerd: Thank you. Mr. Wardle~ Wardle: Mr. McKinnon, when you say agree to pay your fair share, is what Bradfs describing with the new mechanism for repayment something that you would agree to? McKinnon: I haven't reviewed your new -- your new repayment method~ I think you wisely got rid of the latecomers agreements, I just don't know the extent of how that works. If I knew more about it, I might be able to comment on it. It seems like it's -- if we have to pay it up front, I don't know how it gets -- how it gets compensated for in the future with future development, so I would have to plead a little bit of ignorance on that. Wardle: If that was a direction from the Council to work with staff on that, would you be comfortable with the approval of the final plat at this time? McKinnon: Absolutely. ( . Merid ian City Coun eil March 29 ~ 2005 Page 36 of 72 ( Wardle: Okay. De Weerd: Okay. Any other questions? Bird: I have none, Mayor. De Weerd: So, as I understand it, it would be to have the applicant work with staff and bring back a recommendation separate from this final plat approval? Yes? Wardle: Yes. De Weerd: Okay. McKinnon: Thank you. De Weerd: Okay~ Do I have a motion, then? Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: I will move that we approve Item No. 11, FP 04-084 for Arcadia Subdivision and to direct staff to work with the applicant to bring back the item during the discussion. Bird: And 16-A as stated by staff. Wardle: Yes. Thank you. And to include the applicant and staff comments in regard to 16-A. Bird: Second. De Weerd: Okay. Thank you for the teamwork on that Item 11. Okay. If there is no further discussion, the motion is to approve Item 11, with the amendment as stated. Mr. Berg, will you call roll? Roll-Call: Bird, yea; Rountree, absent; Wardle, yeah; Donnell, yea. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 12: FP 05-019 Request for Final Plat approval of 104 single-family building lots and 14 other lots (including a neighborhood park) on 36.04 acres in a R-8 zone for Champion Park Subdivision No.3 (preliminary platted as Parkstone Subdivision) by Hillview Development - West Ustick Road and west of Eagle Road: Meridian City Council Ma rch 29 t 2005 Page 37 of 72 ~{n..' . ( De Weerd: Okay. Item 12 is FP 05-019. Canning: Madam Mayor, this is a final plat for Champion Park Subdivision. They are proposing 1 04 single-family residential lots and 14 common lots on 36 acres. The gross density is 2.89 and the net density is 4.83. Did they put the wrong one up, Sheri? There we go. It's on two pages. Sorry. The gross density -- the net density is much higher, because there is a large park included on page two of this. The proposed -- the preliminary plat is shown circled here and the final plat as proposed is in substantial compliance with the approved preliminary plat. I will mention quickly that this was part of a PO, a planned development, that allowed for reductions to front setbacks and for side setbacks and minimum lot size, minimum street frontage, minimum house size, and block lengths to exceed 1 ,000 feet. There are eight fewer lots than were approved on the preliminary plat. Staff still deems it to be in substantial compliance with the approved preliminary plat. And on this project the applicant has provided a letter stating they are okay with all the conditions of approval, but, then, there are some concerns, though, with item number 35 and I believe Mr. Nary has the -- I believe Mr. Baird has just provided me with the alternate wording for that. The issue at hand is that the -- wellf we would like number 35 to read: The applicant shall enter into an agreement for conveyance of parkland. Period. The development agreement requires transfer of the park prior to the filing of the final plat. Both city and developer agree that a more orderly transfer of the park property can occur after the plat has been recorded and that substantial compliance with the development agreement requirement can be achieved by requiring an agreement for conveyance of the parkland as a site-specific condition of approval. So, that would be the request for item number 35, is that it makes it clear that what we are trying to do is meet one of the conditions of the development agreement, so they would be meeting that, but we would prefer to take over ownership of that after it1s a platted lot~ In the future we have talked about how to word these things, so that we don't get into the same predicament~ We are just trying to kind of apply a new standard to something that was already approved. So, this was a fix for that problem. De Weerd: And has that wording been shared with the applicant? Canning: Just has. 11m sorry~ We have discussed the issue. I think they are in agreement, but they just donlt want to convey it beforehand, because they don't want to have to mess with multiple -- 11m sorry. They don't want to have additional ownership -- owners showing up on the plat. They would prefer to keep it under the current owners, so they would not want to convey it at this timef but an agreement for conveyance, I believe, would meet their needs4 De Weerd: Okay~ Is the applicant here? See, you knew we were going to get you up somehow. If you will, please, state your name and address. Stiles: Sheri Stiles. Engineering Solutions. 150 East Aikens in Eagle, Idaho. This item number 35 is also related to item number six, a request for an addition of a note as item -- or note 16. They have asked us to add a note that says Lot 12, Block 11 is to be conveyed to the City of Meridian for a public park. In our discussions with John ( (. . Merjdian City Coun eil March 29, 2005 Page 38 of 72 Priester, the Ada County engineer, he has indicated that just by having that note on there at the time you record your plat, it is a conveyance, similar to a public street, and I have printed off from Ada County website John Priester's interpretation of that and we did not want to get into a situation where we had to have the City of Meridian be on the certificate of owners for reasons because of homeowners associations and assessments and a lot of different things and so I guess we would also ask that we would be able to work on that requested note 16 under item six of the staff report, if that doesnft turn out to be the best way to do that, and I just wanted to add that~ I would like to give to Mr~ Nary and to the city clerk what I printed off from the county's website about their conveyance. Canning: Madam Mayor? De Weerd: Yes~ Canning: Staff would agree that that note should not be there and we are not opposed to it being completely removed4 De Weerd: Okay. Thank you. Stiles: And -- thank you for that. I think it is the parkls department intent and the developer's intent that once that park impact fee agreement gets finalized, that the city won't necessarily want ownership of that until the improvements that have been agreed upon have been completed to your satjsfaction~ So, I did talk to ML Strong today and he seemed to indicate that that was acceptable to him as well. So, you will be seeing in the future the impact fee agreement~ De Weerd: Okay. Stiles: The development agreement that talks about there is going to be some exchange of impact fee monies because of the donation of the park land and those types of things that everything else looked great and I appreciate staff for their willingness to work with us on this~ De Weerd: Thank you~ Any questions for the applicant? Bird: No. De Weerd: Thank you, SharL Okay~ Wardle: Madam Mayor? De Weerd: Mr~ Wardle. Meridian City Council March 29 ~ 2005 Page 39 of 72 Wardle: I want to make sure I get this right I move that we approve Item No. 12, FP 05-019, Champion Park Subdivision No~ 3, to add the included reference item number 35, as read by staff, and to delete note number 16 as referenced to item number sjx~ Donnell: Second. De Weerd: Okay. The motion is to approve Item 12. Were those all correct? Okay. Okay. Mr. Berg. Roll-Call: Bird, yea; Rountree, absent; Wardle, yeah; Donnell, yea. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 13: FP 05~020 Request for Final Plat approval for 33 single-family residential building lots and 1 common lot on 7.69 acres in a R-8 zone for Paramount Subdivision No.6 by Paramount Development, Inc. - east of North Linder Road and north of West McMillan Road De Weerd: Okay. Item 13 is FP 05-020. Canning: Madam Mayor, Members of the Council, this the final plat for 33 single-family lots and one common Jot on 7.69 acres. This is final plat number six for Paramount Subdivision. The preliminary plat area is shown here. As you can tell, it is in substantial compliance with the approved preliminary plat. The gross density is 4.29 dwelling units per acre and the net density is 5.5 dwelling units per acre. And the plat is in substantial compliance, as J noted before, and we do have a letter from Mr. Turnbull stating that they have reviewed the staff report and are in agreement with the conditions of approval. De Weerd: Okay. Thank you, Anna. Council, any questions? Bird: I have none, Mayor. De Weerd: Do I have a motion? Bird: Madam Mayor? DeWeerd: Mr~ Bird. Bird: I move we approve the final plat for Paramount Subdivision No. 6 and to include staff and applicant comments. De Weerd: Thank you. Do J have a second? Donnell: Second. Meridian City Council March 29, 2005 Page 40 of 72 (":".. , (, ". De Weerd: The motion is to approve Item 13. Mr. Berg, will you call roll. Roll-Call: Bird, yea; Rountree, absent; Wardle, yeah; Donnell, yea. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 14: FP 05-018 Request for Final Plat approval for 45 single-family residential building Jots and 1 common lot on 13.56 acres in a R-4 zone for Fulfer Subdivision No.5 by Kevin Howell Construction, Inc. - north of West McMillan Road and east of North Ten Mile Road: De Weerd: Item 14 is FP 05-018. We will start with staff comments. Canning: Madam Mayor, Members of the Council, this is a final plat for Fulfer Subdivision. This was originally platted under Lochsa Falls and, then, Mr. Howell acquired it and combined it with the FuJfer Subdivision immediately to the east~ So, it was under a previous preliminary plat application. The final plat that's before you is 45 single-family lots and one common Jot on 13.56 acres. The gross density is 3~3 dwelling units per acre and the net density is 4.52 dwelling units per acre. The applicant has sent back a -- kind of a commented version of the staff report. There is not a separate letter from them. They raised comments on, in particular, item number eight regarding a 20 foot wide easement centered over the proposed sewer main -- where is Mr. Watson when J need him~ And I know that his staff has -- Mr. Lee had asked that it be -- instead of centered, that it be five on one side and 15 on the other way. The way the condition reads, though, is centered and I believe that Public Works has stated that they -- it will be centered. So, I don't think there is any changes necessary. I would feel more comfortable jf we could ask Mr.. Watson~ Ifs just on the sewer easement, the 15 and five versus the center~ You agreed that it should just be the center; correct? And Mr. Lee agreed to it as well. So, as it stands, the conditions of approval are okay and they are in agreement with the conditions of approval. De Weerd: Thank you, Anna~ Council, any questions? Bird: I have none. De Weerd: Okay. Donnell: Madam Mayor? De Weerd: Mrs. Donnell. Donnell: J'd like to make a motion that we approve Item No. 14, FP 05-018, request for final plat approval for the Fulfer Subdivision No~ 5, taking into consideration all of staffs comments. Bird: Second. Meridian City Council March 29, 2005 Page 41 of 72 ( (.... . De Weerd: Okay. The motion is to approve Item 14. If there is no further discussion, Mr. Berg. Roll-Call: Bird, yea; Rountree, absent; Wardle, yeah; Donnell, yea. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 15: FP 05-021 Request for Final Plat approval for 41 single-family residential building lots and 3 common lots on 11.6 acres in a R-8 zone for Settlement Bridge Subdivision No.2 by Capital Development, Inc. - southeast corner of North Locust Grove Road and East McMillan Road: De Weerd: Thank you. Item 15 is FP 05-021. Canning: Madam Mayor, Members of the Council, this is a request for 41 single-family lots and three common lots for Settlement Bridge Subdivision No.2. The preliminary plat is shown here. Itrs between Locust Grove Road and McMillan Road to the North~ And the final plat looks like some Mayan creature ready to eat US~ It is in substantial compliance with the preliminary plat. This was part of a PD that had reduced lot size, reduced lot frontage, longer than -- long cul-de-sac length and, then, a sidewalk variance along McMillan Road, which would not pertain to this particular one. This final plat does have two fewer lots than were approved with the original preliminary plat. They wanted to relocate a small amount of open space as well. We did feel that it still was in substantial compliance with the approved preliminary plat and are recommending approvaL I do not have a letter from the applicant. De Weerd: Okay. The applicant is here. If you will, please, state your name and address. Vargason: My name is Dave Vargason with Capital Development. Our address is 6200 North Meeker Place in Boise. De Weerd: Thank you. Vargason: I apologize for not sending a letter. J had a busy day today. But we did agree with all of the staff report comments and just request your approval tonight. De Weerd: Thank you. Vargason: Thank you. De Weerd: Council -- we could have saved you a trip. You could have just called and said I agree. Meridian Cjty Council March 29~ 2005 Page 42 of 72 (" ". ( Vargason: It would have been good to see Mr~ Watson, though~ So, it's good to be here tonight. De Weerd: It is always goad to see Mr. Watson, isn't it? Canning: Mr~ Vargason only gets to call me on Fridays~ Itts a standing rule we have, so Vargason: At 4:00 olclock~ Bird: Mr~ Vargason} have you got the camouflage fencing up yet? Vargason: The camouflage fencing is not installed, Mr~ Bird. I will always be remembered for the camouflage fencing~ Or Christmas tree fencing or whatever else might be -- De Weerd: That was hedge fencing. Vargason: Thank you. Thank you, Madam Mayor. I think 1111 sit down now. De Weerd: Thank you, Dave. Council, do I have a motion? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve FP 05-021, Settlement Bridge Subdivision No.2, and to include applicant and staff comments~ Wardle: Second~ De Weerd: Okay. I have a motion to approve 15. If there is no discussion, Mr. Berg, will you call roll. Roll-Call: Bird, yea; Rountree, absent; Wardle, yeah; Donnell, yea. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 16: Public Hearing: VAC 05-002 Request for a Vacation of existing power lines, sewer, irrigation and storm water drainage easements for Boise Valley Commons by CSHQA - 2400 East Overland Road: De Weerd: Okay. Item 16 is a Public Hearing on VAC 05-002. I will open this Public Hearing with staff comments. Meridian CUy Council March 29 t 2005 Page 43 of 72 ( /. . l . \ Canning: Madam Mayor, Members of the Council, this is a request to vacate previously recorded easements at 2400 East Overland Road. The site is currently being developed as Boise Valley Commons or Destination Place and this is where the new Majestic theater is going in on the west side of that property~ The applicant is requesting vacation of easements. They are outdated easements and there are four specific ones as outlined in your staff report. One is for a power line, one for sewer, one for storm water, and two for jrrigation~ Most of those will be relocated through the new platting process. We have not received notarized consent from the individuals. Most of them want to wait until they have the new easements in place before they will do that. The Planning and Zoning Commission did consider this at their February 17th hearing. They have recommended approval to the City Council. There were no -- no public testimony was provided on the application and there is no Commission changes to the staff recommendation. The Planning and Zoning Commission did add a -- recommended one additional condition of approval and that was per the signature of the final plat for Boise Valley Commons slash Destination Place Subdivision, the applicant shall submit evidence to the Meridian planning department that the requested vacations have been approved by all required agencies and authorities and it lists Idaho Power, Ada County Highway District, Nampa-Meridian Irrigation District or their assigns. And with that staff will end our presentation and answer any questions you may have. De Weerd: Council, any questions? Is the applicant here. Please state your name and address. Schaffer: Madam Mayor, Council, my name is Gene Schaffer with CSHQA Architects, Engineers. My address -- or office address is 250 South 5th Street in Boise. The applicant really has no concerns about the conditions of approval and would stand for questions. De Weerd: Thank you. ('m glad to hear the slash, because I saw that Boise Valley Commons again~ I swear that was renamed, right? Okay. Council, do you have any questions for the applicant? Bird: I have none, Mayor. De Weerd: Okay~ Thank you, Gene. Okay. Is there anyone who would like to provide testimony on this application? Okay. I would entertain a motion. Bird: Madam Mayor? DeWeerd: Mr. Bird. Bird: I move we close the Public Hearing on Item No. 16, V AC 05-002. Donnell: Second. Meridia n Cj ty Cou ncil March 29, 2005 Page 44 of 72 f t.: De Weerd: The motion is to close 16. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: THREE AYES. ONE ABSENT. Bird: Madam Mayor? DeWeerd: Mr~ Bird. Bird: I move we approve VAC 05-002, Boise Valley Commons of existing power lines and to include staff and applicant comments. Donnell: Second. De Weerd: The motion is to approve 16. Mr. Berg, will you call roll. Roll-Call: Bird, yea; Rountree, absent; Wardle, yeah; Donnell, yea. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 17: Public Hearing: PFP 05-001 Request for a Preliminary/Final Plat approval of 5 building lots on 5.28 acres in a C-C zone for Bonito Subdivision No.2 by Kimball Properties - SWC of South Eagle Road and West Overland Road: De Weerd: Okay. Item 17 is a Public Hearing on PFP 05-001 ~ I will open the Public Hearing with staff comments. Canning: Madam Mayor, Members of the Council, this is a combined preliminary/final plat for Bonito Subdivision~ My understanding is that you did not receive the recommendation and the findings in your packet, but you should have received them today. Of course, I apologize for staff not getting that done. There is not a good excuse. But noticed that Mr. Guenther hurried up and got them done before this hearing, so they are before you. If you'd like to proceed, I feel fairly comfortable this was going from what was three lots in a previously platted subdivision to five lots in a previously platted subdivision. Okay. With one nod up there, I will go ahead and continue with the presentation, then. This is a request for five building lots on 5.28 acres. As I mentioned before, this was originally platted as three lots in the first preliminary plat for Bonito or what is now called EI Dorado Subdivision and that was preliminary plat 01-002. The Planning and Zoning Commission did hear this item. I guess I can point out the lots~ This is -- this is a portion of an existing lot and this is a portion of an existing or -- lot or all of an existing lot and, then, these three are really in this central area. There is two on either side of a flag lot that extend to the center. The Planning Commission did hear this item on March 3rd. They have recommended approval with conditions and at that Public Hearing Jonathan Seal spoke in favor of the project. There was no one speaking in opposition or commenting and there was no key Meridian City Council March 29, 2005 Page 45 of 72 (OO t /.. . . ( . \:...... items of discussion~ The Commission did delete a site specific condition number six regarding preliminary landscaping, because it was already completed under the Bonito Subdivision final plan, the original, and to our knowledge there are no outstanding issues for City Council and staff is -- will answer any questions you may have. De Weerd: Council, do you have any questions? Bird: I don't, Mayor. De Weerd: Okay. Is the applicant here? Please state your name and address. Seal: Yes. Good evening. Jonathan Seal with W.H. Moore CompanYt 1940 Bonito, Meridian. De Weerd: Thank you. Seal: Good evening. I'm in agreement with the staff report. I would just ask one clarification and it has to do with item number five in the site-specific conditions. It says here that a perpetual vehicular cross-access agreement shall be applied within the subdivision, which is fine. What 11m questioning is that said cross-access shall be depicted on the final plat and I just wanted to make sure -- my question is that I am assuming that that would be of a note, because I donlt think you can physically depict cross-access easements on a plat, so I just want to make sure I think ifs maybe the term depict, so -- Watson: Madam Mayor, Council MembersJ he's right, that -- Mr. Priester will only allow those if they are specifically designated in certain locations and they can't do that until they have a tenant. So, it shouldnft be graphically depicted, but can be referenced to either a note or through your CC&R'S. Seal: Okay. That would be fine. Otherwise, you1re in agreement and I will sit down, unless you have any questions. De Weerd: Counsel, do you have any questions? Bird: I have none. Seal: Okay. Thank you very much. Okay. This is a Public Hearing. Is there anyone who would like to provide testimony on this application? Okay. Thank you~ Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: f move we close Item No. 17, PFP 05-001. ( . Merid ian City Counci I March 29. 2005 Page 46 of 72 Wardle: Second. De Weerd: OkaY$ The motion is to close the Public Hearing on Item 17. All those in favor say aye~ All ayes. Motion carries. MOTION CARRIED: THREE AYES. ONE ABSENT. Bird: Madam Mayor? DeWeerd: Mr. Bird. Bird: I move we find -- approve the findings on PFP 04-001, Bonito Subdivision No.2 and to include staff and applicant comments~ Wardle: Second. De Weerd: Okay. The motion is to approve Item 17~ Mr~ Berg, will you call roll. Roll-Call: Bird, yea; Rountreef absent; Wardle, yeah; Donnell, yea. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 18: Continued Public Hearing from February 15, 2005: CPA 04-003 Request for a Comprehensive Plan Map Amendment to change approximately 48 acres from Industrial to Mixed-Use Regional for Ten Mile Development. LLC by Hansen-Rice, Inc~ - SWC of North Eagle Road and East Pine Avenue: De Weerd: Thank you. I will -- Council, I will just open Item 18 and wait until you have a discussion and a vote on that, before I open the other hearings~ Okay. I will open up the continued Public Hearing from February 15th, 2005, on CPA 04-005. I will open this with staff comments. Oh, yeah~ Sorry~ Canning: Madam Mayor, Members of the Council, this is a request for -- hey, look, there is more. This is a request for a Comp Plan amendment and the area is generally shown by the outline, but it's really just -- the Comprehensive Plan amendment affects this portion that I'm outlining on the western end of this site. So, they have requested a change from the industrial classification to a mixed-use category. Staffs concern is that we felt as if the mixed-use category was providing the buffer from the industrial property to some of the more retail oriented uses. Further north on Eagle Road. There was office uses on the north side of Pine Street and, then, you had industrial across Eagle Road~ So, there were a number of varied uses going around here, but we felt as staff that the mixed-use designation was providing that kind of transition from the industrial area to some of the other areas~ In particular, I have been concerned about the loss of our pre-zoned industrial area in the city. That is a valuable asset to the city. We have lost quite a bit Most of this area that 11m outlining along Eagle Road on both sides of it Meridian City Coun cir March 29, 2005 Page 47 of 72 is currently zoned I-L, but has been allowed to develop as retail and office uses, with only a few industrial uses existing further west along Fairview Avenue. So, we have already lost a fair amount of our industrial resource. There was quite a bit of discussion at both the Planning and Zoning Commissions on that issue. We discussed other areas that may be appropriate for industrial properties and the issue was raised that the asking price for this property was too high to consider a retail use there, but staff would like you to remember that that asking price is based on a commercial zoning designation. So, they are asking for commercial property prices and that's why you can only afford to do commercial property development. The Planning and Zoning Commission has recommended approval of this Camp Plan amendment to you. They heard the item twice. That was on December 16th and January 20th. Dave McKinnon, representing the applicant, spoke in favor. Mike Ford representing the Yanke family also spoke in favor of the applicant. Mr. Mark Jensen, representing R.C. Willey, across the -- kitty-corner across the railroad tracks. They commented with concerns regarding the Eagle Road traffic. That was at the December 16th hearing. At the January 20th, again, Mr. McKinnon and Mr. Ford spoke in favor and the -- I think I have outlined most of the key issues of discussion at that time~ There have been subsequent discussions between staff and ML McKinnon and the property developers and at the last one, my understanding is that they have come forward with some ideas for that -- this industrial -- for this area that they are asking for the Camp Amendment on, that may be applicable tonight, so I think I will just leave my presentation at this point and let them present that~ I think they were willing to consider a broader range of uses and I guess my question would be if -- to the applicant jf they have opened that up. Is the Comprehensive Plan amendment still necessary? I do have with me tonight a list of all the uses that are allowed or conditionally allowed in the I-L and it is a wide range of uses. It's not just heavy manufacturing, it's a Jot of light manufacturing, some -- some more intensive uses, like lumbar yards and things like that. Land intensive uses. But there are a number of allowed uses and I can put those on the overhead projector for the Council, if you1d like, if the discussion seems to be going that way. So, at this point the applicant was going to come back with a new plan, so J'm not sure what that plan is. De Weerd: Thank you, Anna. What are the uses in the designated -- they are trying to change it to the mixed use. Canning: They had requested C-G zoning. De Weerd: Oh. Okay. So, not a mixed use. Canning: Well, again, I think that's part of what they may have decided to change the -- and they were kind of going out of the Camp Plan amendment application and into the others and this is a tricky issue, but the original application was all retail uses proposed and, then, it was modified. The second one had a little wider range of mix of uses in the mixed use area. We were still seeing retail in the industrial area, but the Camp Plan amendment, again, is only for this. They are requesting that this industrial area be amended to be mixed use. And, then, the question as to whether ifs really mixed goes to the next application as. welL Meridian City Council March 29, 2005 Page 48 of 72 De Weerd: Okay~ But are some industrial uses allowed in the mixed-use regional designation? Canning: Yes~ If you will give me a moment, I can pull out the Comprehensive Plan, if you'd give me just a moment~ De Weerd: Okay. I will go ahead, Anna, while you do that, and ask the applicant to come forward. If you will, please, state your name and address4 McKinnon: Thank you, Madam Mayor, Members of the CounciL Dave McKinnon, 735 South Crosstimber in Meridian, Idaho, representing Ten Mile Development, LLC, tonight. De Weerd: Thank you. McKinnon: Now that I have got that out of the way -- first and foremost, we met a number of times with the Planning and Zoning Commission and I think we met three times, actually, and there was a fourth hearing that we actually postponed, so we have been going through this process for a little bit of time~ We appreciate your staff and we appreciate all the work that your Planning and Zoning Commission put into it, volunteered their time for it. We are really happy with the outcome of the Planning and Zoning Commission. It was a four-one vote for recommendation for the Comprehensive Plan amendment. So, let's jump right into it4 The reasons why Planning and Zoning Commission recommended approval of this has to do with five different issues that were listed in their conditions -- or their Findings of Facts and Conclusions of Law4 The first one was that existing and future uses of the city are not supported with the I-L zone or the industrial zone. These are found on page three of their recommendation~ The reason for that is we have the Blue Cross buildingJ which is a big office building~ Behind that we have the property owned by the Yanke family, it was part of Gem Tone Five, that1s why Mike Ford was in the testimony~ Hets here again tonight~ This property, when it was subdivided, was subdivided and approved for office uses and he doesn1t want to see industrial across the street from his nice office uses~ At the same time, Blue Cross, Blue Shield doesn1t want to see a lot more of industrial to happen right here either. Anna pointed out we have got a lot of area zoned industrial thafs not being used for industrial. There are some industrial uses up there, but also some heavy retail uses~ Everyonels favorite, Krispy Kreme, Starbucks, Kinkos, that type of use, FedEx, are all up here as well in the industrial zone& Across the street in the industrial zone you have ShapKa and you have -- not Wal-Mart, but the other -- Bed, Bath and Beyond, those are all in the J-L zone today. So, the I-L zone does not allow for retailf although that's where all that retail is at. Anna pointed out that (-L is pretty fJexib(e~ I agree I-L is pretty flexible, there is a lot of flexibility in all the different zoning designations, but the C-G zone is a lot more flexible and the C-G zone will allow for light industrial uses. Case in point would be Silverstone and EI Dorado, both of those projects are zoned C-G and C- C~ That's where we see all these types of uses going in right nOW4 Michael's of Oregon (" ....... ~...... . (- . Meridian City Council March 29 t 2005 Page 49 of 72 is an industrial use~ It's in a C-G zone. It can be allowed through a Conditional Use Permit. The other uses are in the area~ Obviously, this is the old Elixir site, Club Wholesale used to be here a long time ago back to the two-lane road when Eagle was here. Nothing is constructed on this site, the McCall property. McCall Oil. This old rail spur that was never constructed ended up being one of the little spite strip piece of property and thafs something that we will probably be incorporating into this in the futureM It doesn't have a whole lot of use as it is right now. Dennis Baker's project, it's now in, can't make a whole lot of comment on it, but hers not asking for I-L zone there either, so up on the whole north side and on the west side and to the east side itls not industrial, so that1s the reason why they said they didn1t think industrial made sense here~ The second item was that the majority of the property is designated as mixed use~ This is all one big piece of property. There is 44 acres -- 40 acres, give or take a few hundred -- a few thousand square feet, that's in the mixed use zone and, then, all of a sudden, without a property break, you have industrial and so they split zoned this property on the Camp Plan, they felt it would be better for it to be all one, so you could develop it all together, rather than having to develop part of the land as industrial and part of it as mixed use. The third thing they said is that the other locations in west Meridian may be more compatible with the I-L designation. Commissioner Zaremba or Chairman Zaremba asked us at the first Public Hearing about thisJ he said where else would we put industrial land in Meridian. And so -- Anna, do you have the Camp Plan on your -- I need a little bit bigger. I guess we got the map. Ten Mile interchange area - - I can go grab the Comp Plan~ But in the Ten Mile interchange area there is a piece of property that has industrial on one side and commercial on the other and, then, right behind the commercial and the residential -- and commercial and industrial land, the city Comprehensive Plan says we should put mixed -- we should put medium density residential behind the commercial and behind industrial right next to 1-84 and we felt that that was more appropriate to be zoned I-L in the future and that that may be a place where industrial uses could go. It was more appropriate, because it was closer to the interchange. You donlt have to deal with the traffic on Eagle Road right there~ They just asked where another place could be and we suggested it~ At that time I wanted to claim that that was my idea, but J talked to somebody else who knows a whole lot more about industrial than I do and he said this is the place to do it. This makes more sense~ The is not as valuable. Anna just mentioned that the land is only that price because the zoning. That's not exactly the case~ There~ Okay~ We have got industrial on the north side of Franklin and on the -- thank you~ Over here we have got commercial and we got industrial on this side and, then, right in between it we put mixed -- we put medium density and we said thatls probably a better place for the industrial right across from industrial, rather than saying let's put industrial right across from medium density housing. So, in the future there is another opportunity there. Like I said, I talked to an industrial user and an industrial developer and he said thaes the place~ Anna said this land is only valuable because of the zoning designation~ That's not quite the way it works. This land is very valuable because everything else is developed around it. There is a lot of vehicle trips that go by here every day. Itls worth a lot of money~ Just in the last couple weeks we had a multi-national company and a publicly traded company in different countries, a Fortune 500 company, came in here and said let's look at this area here for industrial, we'd like to do some manufacturing and retail. They Meridia n Ci ty Cou ncil March 291 2005 Page 50 of 72 found out what the value of the land is, based on appraisals, across-the-fence-type values, they said we can1t afford it. It's not -- ifs not our type of project~ In addition to that, they said we have got some concerns with being able to get our trucks out onto Eagle Road and so there was some concerns there. The fourth reason for making their recommendation was that the cost of Pine and we will get to that. A new light~ I will get to that, too. And improvements and the property value of this land makes non-industrial uses more appropriate. When we first had our meeting with the Planning and Zoning Commission, they said we don't know what's going on with ACHD and when we first met with ACHD, ACHD said Pine is to be a 70 foot wide road and, then, we said, wait a second, we have got Dennis Bakerls project coming in, we have got this project coming in, Pine on the other side of the road is going to be five lanes, it's already five lanes, you're going to need a five lane road on Pine. And so going through the design, ACHD finally, when they made their decision, said we need Pine to be a five lane road, but we are not going to pay for it. And so in order to make Pine a five-lane road and meet the conditions of approval, we are having to donate that land and improve that land. Additionally, the traffic studies said that we needed to put in a traffic light at Hickory and so we are having to put up 1 05,000 dollars for the traffic light at Hickory. If we have to donate a million dollars worth of land, plus improvements, plus a traffic light, there is no way to recoup that cost of the land, plus be able to find someone to go in there on a piece of property that's worth a lot of money. This property is worth what it is, we are not making a great deal more land~ The fifth and final reason was the five lane Pine road. They said in the future Pine is going to be extended through Dennis Baker's project, Nola, eventually to Locust Grove, it's going to be five lanes. This is going to become a major east-west corridor in Meridian and is probably more appropriate for it to have a commercial type of use, rather than industrial use. This will take traffic off of Eagle Road, get people to Locust Grove. Locust Grove overpass, as you all are aware, they have got it scheduled for 2007 and we are sure hoping that happens. I live in Woodbridge, we have got my neighborhood torn up right now in order to get in and out, because they are doing the improvements, as Shaun knows. And they are doing -- so, they are tearing it up and they are making it happen and so this is going to be a major project for the developer, plus for the city, because we need to have that other east- west connector to get to that north-south and this is it. Franklin was just widened. Fairview is busy. This will give us another outlet for that. Pine doesn1t get widened unless -- all the way through unless this project happens~ That1s how ies going to happen~ So, a lot of the reasons why it doesn't make sense anymore~ I talked to a number of real estate agents and I have talked to a lot of commercial brokers, all of them -- like I said, I'm not an expert at it, but they are and they said that just doesn't make sense industrial anymore~ The value of that land is too much, especially when you put a five-lane road on one side and Eagle Road on the other -- the other side of it The City of Meridian is going to grow. Eagle is a busy road~ But this is an area that goes more towards the commercial side than industrial anymore. It's just worth too much money for the industrial. Anna said a couple other things and, then, I'll go ahead and sit down, like Jon said he would, It II do the same thing. Anna said she's concerned with the loss of the I-L~ I'm giving you another place where you can put the J-L and I have pointed out there is I-L uses are going into the C-G zone anyways and Anna can show those I-L uses and the C-G uses and they all work together and I think it gives Meridia n Cj ty Cou ncil March 291 2005 Page 51 of 72 more flexibility as to what you can do with this piece of property~ When we get into the next two hearings we can talk about the mix of uses that can go back there~ It doesn't have to be all retail. We will be able to put in a mix. Whatever use forces that to happen will go in there. If Citi Bank said they wanted to go in there and could afford it, we would make it happen. Anna talked about the wide range of uses~ I already addressed that. And, then, she talked about the mixed-use zone and, Tammy, you kind of hit on that. Is there a mixed-use zone. The Comprehensive Plan doesn't say you have to pick certain zones. Here is mixed use. Here is the different zones you can pick within that It can be I-L. It can be C-G~ It can be C-N, C-C -- it can't be Old Town unless ifs in Old Town, but there is a variety of different options availabJe~ So, we are basically looking at should this remain as I-L, which is not as flexible as C-G. The I-L zone would preclude any multi-family, it would preclude office, it would preclude retail. You couldn't do that if it was zoned I-L and so we think that it's appropriate for this to be changed to the mixed use regional. And I would ask if you have any questions at this ti me. De Weerd: 11m glad you took a breath. McKinnon: Thanks. De Weerd: Council, do you have any questions? Donnell: No. Bird: Boy, I have none. De Weerd: Thank you. Okay. Is there anyone else who would like to provide testimony on Item 18? If you will, please, state your name and address. Ford: Mike Ford. Post Office Box 5405, Boise. 83705. Madam Mayor, Members of the Council, I do represent the Yanke family~ We own the property right here, Gem Tone Three -- two, three, and five. This piece here has actually been subdivided now~ It doesn't show on that map. In favor of the applicantls request. To me it's simply a thing of the use of this property is market driven. In the 1970sf if the people are old enough to remember Park Center and river run was a gravel pit and some industrial buildings. The market demanded a different use~ About that same time Union Pacific was making . a lot of money in those days in their real estate division up when development came out here, bought this ag ground, it was ag at that time, bought this ag ground and planned on industrial uses and at that time it made a Jot of sense for what they were doing~ Up when Tom Wright and his group went out, bought the property, Tom was -- marked the -- we hit the '80s and we hit a down time in our economy and stuff. Tom sold some of this off to industrial uses at that time, although Tom had the foresight even then to see a higher and better use for this and thaes why he came over here and tied this up also4 But with the Eagle Road improvements and this sort of this, ifs just -- like I say, it's market driven is what has changed this. I personally don't want to see industrial and I know there is industrial industrial. I developed Lane Industrial Park there. I developed Merid ian City Counci I March 29 ~ 2005 Page 52 of 72 /" . (. \..... .. rail site industrial park there. Love all those people that bought lots from us, but I don't want to see those metal buildings sitting here~ The C-G zone would give the owner flexibility that if a Michaelis of Oregon type of business came, it would be an esthetically pleasing building, but it would still be an industrial use inside, they would have the flexibility of doing that in a C-G zone~ If you try and shove I-L down their throat, we are going to end up with some of these kind of buildings in there and I don1t believe that that's best for the neighborhood at all. Some of these industrial uses that are up there right now -- we own this property where Diamond Lines trucking is~ Hers telling me, Mike, as soon as you want me out of here, find me some place else, I'd like to get out of here. Yellow Freight I believe is in the same position. It's very difficult for them with their trunks and everything getting out onto Eagle Road today. It's only a matter of time before you will see this turn into a higher use than the industrial that it's being used for today, That's aliI had, I would be glad to answer any questions~ De Weerd: Thank you. CouncilJ any questions? Ford: Thank you. De Weerd: Thank you~ Anyone else who would like to provide testimony? Okay~ Council, do you have any questions for the applicant or for staff? Bird: I don't. De Weerd: Any final comment? Okay. Council? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we close the Public Hearing on Item 18, CPA -- Donnell: Second~ Bird: -- 04-003. De Weerd: Okay~ We have a motion to close the Public Hearing on Item 18. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: THREE AYES~ ONE ABSENT~ Bird: Madam Mayor? De Weerd: Yes, Mr. Bird. Meridian City Coun ci I March 29 t 2005 Page 53 of 72 (.~ Bird: I don't hear everybody jumping around. I don't want to sit here all night, so 11J1 make a motion that we approve CPA 04-003, Ten Mile Development, LLC, with staff and applicant and public testimony included. Donnell: Second. De Weerd: Okay. The motion is to approve Item 18. If there is no further discussion -- you know, I did think it was very generous of you to offer to change someone else's property to industrial. That was pretty inventive. Nary: Madam Mayor? De Weerd: Mr. Nary. Nary: Just for clarity's sake, because this is a Comprehensive Plan amendment, we will have to bring it back as a resolution and do that, so we anticipate having that -- well, certainly we have to do it that way, no matter how you make a motion. Bird: I know that. Nary: That would be fine. Bird: That's why I didn1t put it in. Nary: Yeah. De Weerd: That is what the motion was, wasn't it? Bird: Yeah. Bring the resolution back. De Weerd: Okay. If there is no further discussion, Mr. Berg, will you call roll. Roll-Call: Birdf yea; Rountree, absent; Wardle, yeah; Donnell, yea. MOTION CARRIED: THREE AYES. ONE ABSENT. De Weerd: Thank you. Okay. I will go ahead and open the Public Hearings on RZ 04- 017 and CUP 04-051. I will open these two with staff comments. And, Anna, do you -- would you like the applicant to give the overview first? Canning: Madam Mayor, from what I can tell, there is not any real change, so 1111 muddle through. De Weerd: Okay. Meridian City Council March 29, 2005 Page 54 of 72 Canning: And I think that came through on the last testimony, too, is that they are really not proposing anything different after that meeting than they were beforeJ so I think we are okay. Just a moment, though. I got to find my staff report. De Weerd: Actually, why donlt I call a five-minute break. Canning: Thank you. (Recess. ) Item 19: Public Hearing: RZ 04-017 Request for a Rezone of 61.63 acres from I-L & L-O to C-G zone for Ten Mile Development, LLC by Hansen-Rice, Inc. - SWC of North Eagle Road and East Pine Avenue: Item 20: Public Hearing: CUP 04-051 Request for a Conditional Use Permit for a Conceptual Planned Development for commercial/retail uses for approximately 615,430 square feet of building areas in a proposed C-G zone for Ten Mile Develo~ment~ LLC by Hansen-Rice, Inc~ - SWC of North Eagle Road and East Pine Avenue: De Weerd: Okay. I will go ahead and call the meeting back to order again. And, again, we are -- we have a Public Hearing, it is open on Items 19 and 20. We will start with the applicant to first describe the project. McKinnon: Thank you, Mayor, Members of the Council. Dave McKinnon again. 735 South Crosstimber. Just a quick staff report and I'll let Anna jump in and I can proselytize, as she calls it~ Overview of the project. Initially we looked at this project and said this makes a great location for some retail. We came in with an application for 650,000 square feet of retail. We have been through a number of different iterations at first. We went through an A, 8, and C after that and met with the staff and said let's find something that works conceptually. There is a few things we decided conceptually that we needed to have in the project~ Three accesses to Pine, north-south accesses that run through the project~ And just so you know, Machine Avenue is right here and this will be part of Dennis Baker's project, so it will come up here. Mike Ford from the Yanke family owns this piece right here and there is some discussion about purchasing that and incorporating this with this project. One of the other conditions that we knew had to be in the conceptual site plan was the number of accesses out onto Eagle Road. This site plan that you see in front of you right now has three accesses. After working with ITD and receiving a letter back from (TO, ITD has limited us to two access points, Pine and Commercial Avenue. Commercial Avenue lines up with Commercial across the street. In addition to that, there is a 50-foot wide easement for the Ned McCall oil property, runs right through here, and that was the subject of a lot of discussion. Having talked with Ned myself, he wanted to keep this clear and open. This one access is a right-in, right-out only per lTD. I gave a letter to Anna today from ITD that said you have two options, one Pine and, then, we will pay for these other access points, or you can have the Commercial one, as long as ifs right-in, right-out. As you all know, ITO plans Meridjan Ci ty Cou ncil March 29, 2005 Page 55 of 72 on putting in barriers or a median in Eagle, so they won1t be able to make left-hand turns anyways~ That's the location. The other things that were incorporated were a traffic light at Hickory and Pine~ We knew that had to be incorporated as welL There was also discussion about mixing the uses at the last Public Hearing, the multiple public hearings. We decided at that time that a hotel would add a variety that's seen on the original plan, so we added a hoteL In addition to the hotel there is a number of restaurants. And we have added a pond for drainage back here, some additional amenities. There is a pathway system that goes throughout the project. There is a five- foot landscape buffer adjacent to the rail line. We have put in some pedestrian areas in order to get to the rail line for future transit. And those are all things that we wanted to incorporate~ In addition to that was just the number of boxes, as Mike Ford eloquently put it, market's driving this. Right now we don't know exactly how many units we are going to have in here, how many buildings, thafs something the market drives. A good example tonight was coming for EI Dorado and having to change those lots around, because the markefs driving that~ Somebody said they wanted more land and so they had to combine it. We are not exactly sure yet~ This is a conceptual plan. Keep in mind that this will be coming back to you for a detailed Conditional User Permit on every building that comes in. So, the major points were what we have to deal with with ACHD for these three access points, ITD granting us two access points, Pine and Commercial, landscaping, the pathways, the amenities, the drainage pond, and having some sort of boulevard type of effect through there~ Those were all the major things, plus keeping Commercialts 50-foot wide easement throughout. Those are the major points of the conceptual CUP. Again, it's conceptual. The market will dictate. You will see this again~ Every project that comes back in here on this site, every use, yourre going to see again as a detailed Conditional Use Permit So, what we are asking for tonight is just approval of a project with those basic design features, landscaping, obviously. Everything in accordance with the City of Meridian requirements~ That's the staff report Anna may have something more before I proselytize, so -- 11m done. Unless you have any questions that I can explain for you at this time~ De Weerd: We will save them~ McKinnon: Thank you~ De Weerd: Thank you. Canning: Madam Mayor, Members of the Council, Ird like to thank Mr. McKinnon -- although I donrt think I would have added the market material as a staff report, but you take what you get, f su ppose. De Weerd: Be careful what you ask for. Canning: Yeah. I did want to comment on one other thing that I know that they talked about was on this Main Street, there was also quite a bit of staff's discussion, particularly Mr. Hawkins-Clark was concerned that to really create that atmosphere, these buildings would need to be two story along there and that was all tied to this Meridian City Council Ma rch 29 t 2005 Page 56 of 72 c. ... (.... . transit station and, then, the question, I believe, that came up at just their meeting last week was, you know, what does -- whafs entailed by having a transit station there, what kind of uses need to occur here, is it -- is it a land that needs to be dedicated to the city, is it just some space that needs to be made available in the building? So, it was left J think fairly open ended as to what it means to have a transit station. We do want to -- as the Comprehensive Plan and as planners for the city, we are not here just to react to the market, we are here to plan for our community and one of those things we have planned for is this transit station in this general vicinity. So, this would be the appropriate location. Now, we haven1t necessarily figured out exactly what that means at this point. Does that mean we want to preclude it from -- at this time or allow something to go forward that won't accommodate that transit station? I think the answer is no, because it is on the Comprehensive Plan. So, I think we do need to discuss that more. I'm not sure that the applicant has more information on that that maybe he can provide during his presentation. The other issue that I wanted to talk about -- there was this -- I donlt know if you pointed out -- this is the hotel location. It does seem rather minimally landscaped at this point and I think Mr. Hawkins-Clark added some conditions in there about kind of greening up the general area around the hotel. Did I say restaurant? I meant hotel. Just too many bars, liquor licenses with restaurants~ 11m sorry. This is -- De Weerd: No. Those are closets4 Canning: -- the hotel. Donnell: Anna, point to that again~ Bird: The liquor licenses come later. Donnell: Oh, right there? Thatrs a hotel? Conceptually? Canning: Thafs the hotel. Conceptually. And, yes, this is a conceptual plan and we know that things do change and one of the really emphasis that we had on the zoning ordinance rewrite was to move away from planned developments and conceptual plans and allow a little more flexibility in meeting these concept plans as the platting gets done, particularly on commercial and industrial properties. So, J think that the new ordinance will facilitate the implementation of concept plans more, but I think the city needs to be clear on what they do and don't want as part of the concept and whether the key components of this project that you want to see are carried forward and I think we will find that on Pinebridge, too, when that gets to you, that that's what the important discussion is. Is this kind of boulevard, Main Street area, important to you? Is the transit station important to you? Is the smaller mass of buildings versus a large mass of buildings important to you? Are the access points important to you on Pine or can there be reduced ones? We tried a concept plan at Ustick and Eagle that was very unspecific, very very conceptual, and I think when the apartment complex came through for Sadie Creek we discovered that maybe that wasn't enough detail, so -- the applicant has emphasized that this is conceptual and they want to let the market dictate, but we Meridian City Coun cil March 29, 2005 Page 57 of 72 do need to know when those concept plans come in what are we looking for. You know, are we looking for exactly this size and shape building? Of course not. But, you know, what are we looking for? So, I think that those are some of the questions that are before the City Council tonight. De Weerd: Like a hotel with a convention center in it or something? Canning: There you go. The Planning and Zoning Commission did hear this on January 20th and February 17th. There were other dates that were tabled within there, but those were the primary hearing dates. To summarize those public hearings, Mr. McKinnon spoke in favor of the application on the 20th~ He also spoke in favor of the application on the 17th. No one spoke in opposition. Mr. Nary commented on the 20th regarding the application process issue, that was primarily concerned with the Camp Plan, a plan amendment, and, then, Mr. Hawkins-Clark presented for staff~ The key issues of discussion at the February 17th hearing were the amount of non-residential building area and the motion ended up as a hotel, plus at least 50,000 square feet of office or non-retail use. They also discussed IT01s requirements. They discussed Hickory Drive connections and intersections with Fairview Avenue and Pine Avenue. And they discussed the amount of mixed use and commercial land already designated and/or built along the Eagle Road corridor and, then, the appropriateness of the light industrial uses at this location. Concern was also voiced about the timing of the project being premature~ There was one dissenting vote on the Planning Commission on all the votes. The key Commission changes to staffs initial recommendation were that -- well, we had recommended denial, so that was kind of a big change. And, then, they amended the rezone condition number three requiring the developer to incorporate a minimum of 50,000 square feet of professional office or non-retail uses, in addition to the hotel use. And the Commission deleted rezone condition number three regarding bullet point five regarding the relinquishment of the McCall property easement and thatls because the revised -- the McCall property is this one here in the southwest corner of the property and they have a 50 foot easement going out to Eagle Road, so the new site plan accommodated that easement. As you can see on the original site plan it did not, so -- so they removed that condition, because it was no longer necessary. The Commission amended the conditional use condition number 2-C, allowing a phasing plan to be submitted with the first detailed Conditional Use Permit application, rather than on the conceptual plan, as staff originally recommended~ The outstanding issues before City Council, the first was the Comprehensive Plan amendment. That's already been approved or awaiting resolution~ And, then, the second one was the mix of uses. As I mentioned, two of the project developers, Mr. Stafford and Mr. Honeymiller and ML McKinnon did meet with Bill Nary, Brad Hawkins-Clark, and Shell Brown to review some of staff's original concerns about the Comprehensive Plan amendment application, removal of the I-L zoned land from the city inventory. The discussion did center on the mix of uses, especially in light of the pending Pinebridge Subdivision application. Thatls Mr. Baker1s application. The developers stated they did not intend to construct all 615,430 square feet of retail as the application originally proposed. They emphasized the development would be market driven and that non-retail uses would be targeted to the west end of the site,. with retail remaining on the eastern end. No specific uses or Meridian City Coun cil March 29, 2005 Page 58 of 72 floor areas were committed to at the meeting, other than they understand the Commissionls motion to incorporate at least 50,000 square feet of non-retail uses~ Staff is recommending of rezone condition number three be amended to further clarify the maximum amount of retail use floor area permitted on the property, in light of the developerls commitments made at the March 23rd meeting with staff~ And, then, staff would anticipate that a revised conceptual plan may be needed to follow that -- these are pretty much all set up as retail buildings, so there may be some new site plan that would be warranted because of that~ Okay. Moving on to the Pine Avenue extension. During the February 17th hearing Planning and Zoning Commission presentation staff recommended that the DA condition be added, which restricts site construction to 300,000 square feet of building area until Pine Avenue is connected~ This issue was raised -- so, basically, what they were saying is you can kind of develop half the property before Pine is connected, but, then, the other half should wait for that connection to be made~ And this is largely based on the traffic impact report prepared for the applicants~ It shows that about half of the traffic once -- or not half, a little less than half the traffic, once thatrs corrected, will go out -- will go west on Pine, instead of getting onto Eagle. The item was brought forward to the Planning and Zoning Commission, however, it was not addressed at all in their discussion or in their motion4 So, it still remains kind of an unresolved issue~ The transit station, I think I brought those forward to you already, those concerns. We just need more discussion and clarification on the public record prior to the hearings being closed as to what that transit station means. And, then, I guess the one last remaining issue is the project name. Ten Mile Development will not be the ultimate marketing name~ And why that warrants an inclusion in the summary 11m not sure, but it got in there, so -- De Weerd: Kind of like the Boise VaJleY4 Canning: Yeah~ And with that I'll end staffs presentation and let Mr. McKinnon proselytize. De Weerd: Thank you. McKinnon: Is there questions for staff? Dave McKinnon again. You have got my address. Okay. Again, we are happy with the conditions of approval from the Planning and Zoning Commission. We met with them a number of times and we are happy with them. Anna went over those changes. The most significant change was the adding of the 50,000 square feet of non-retail and in addition to the hotel use. So, we said we can agree to do something more than that, the 650,000, then, we have got a hotel, plus, you know, 50,000 of that has to be non-retail. We are more than happy to abide by that There is, actually, a little bit more to that story, if you go through the conditions of approval for the rezone. In the rezone it's 2-C -- or 2-A, if anyone is keeping track. It says that after you had 300,00 square feet of retail, you have to start putting in some non-retail uses~ And so we are limited to 300,000 square feet of retail, then, we have to start putting in some non-retail. There is a little bit more to it than just being tied to 300,000 square feet, plus the non -- non-retaiL And that becomes important later as we get down into the mix of uses~ Clarification~ Anna went through the outstanding issues. Meri dia n Ci ty Cou ncil March 29. 2005 Page 59 of 72 You guys all have them. She just basically read through them. I don't want to rehash everything and just tell you where we stand on it. The clarification of the application process, I talked with Bill Nary, he said you have to have your resolution first and, then, you can move forward with your Findings of Facts and Conclusions of Law. We have no problem with that. The second issue is the mix of uses. I just talked about that a little bit. We don't have a problem with the mix of uses and in the future the market's going to drive this -- AnnaJ if you could go to the hashed drawing? Okay. The hashed area, we are not really sure exactly whaes going to happen back here. At the P&Z hearing Chairman Zaremba and one of the other Commissioners said I don1t know what you1re going to put back here right now for retail, guys, you know, ifs not a through street yet, I don't know who is going to go in there. We don't know whaes going to happen back there. We are fairly certain that this area is going to be a hotel and mostly retail, with those examples that J pointed out that we have to keep, you know, the north- south, three accesses, the traffic light, the 90 foot right of way, the two accesses off of Eagle, the boulevard type effect. We know in this area that's what's going to happen. But back in this area this is kind of ambiguous right now. We know we need some drainage back here, but what type of building, what type of use goes back in there, it1s going to play out. Dennis Baker's project is big. He may have a very big user that could spur a totally different type of development that happens right there. So, those are two things that we need to figure out back there and you're going to see it again. It's a conceptual plan. You guys are going to see it. Approving it now just means you agree with the concept and the basic ideas that we are presenting to you. Moving onto the Pine Street -- the Pine Avenue extension. Anna talked about that a little bit. We were floored at the last meeting~ We got through the staff reportf this was our third meeting on the project, and Brad goes we got another condition we didn't talk to the applicant about it, but we would like to limit you to 300,000 square feet before Pine gets built all the way through Dennis Baker's project and that's all the forewarning we had on it and I came up and I stumbled, I was kind of -- I was taken aback, because I hadnrt thought of that and it wasn't anything that we had talked about and I was stumbling through it and Dave Zaremba said, you know, it's not such a big deal to have Pine dead end right now~ Baker's project is coming, we know that's happening, plus you1re going to have an access out to Fairview and Hickory and Hickory already does extend all the way to Fairview, so it's not a dead end with Pine~ Pine, actually, has the access. It was discussed} because I fumbled through it right at the beginning and I just didn't know what to say, because I was kind of surprised. J'm not a real organized person, but when I get something in my mind, I kind of go at it and I just completely was floored by that. So, we did discuss it and they -- by omitting it in their motion that was how they took care of that. They decided they did not want to include that and I, actually, had one of the Commissioners say you notice we didn1t include that~ So, it was something that was omitted, because they didn't think it was something that was required~ In addition to that, one of the other concerns is if Dennis Baker doesn1t complete that portion and they are competing for the same user in that area and Dennis Baker you canft have any additional area here until I build this and so you don't have a choice, you can1t build here. So, it's just something that we were kind of surprised by~ We got through with the P&Z Commission, they didn't feel that was something necessary~ We will build it to our end and, hopefully, Dennis Baker is going to come through with a big user and we are Meridja n Ci ty Cou nciJ March 291 2005 Page 60 of 72 ( <, . going to get this thing built right away. We can1t guarantee when that's going to happen and so it's hard to limit this development to that. De Weerd: Okay. Dave -- I'm sorry to interrupt you, but what do you mean you will complete it to your end? McKinnon: To here. De Weerd: Okay. McKinnon: Anna, if you can show the overall -- Dennis Baker takes it from that point on out to Nola and Locust Grove. One more back. There we are. De Weerd: Okay. So, you're not saying that you won't put it to the end of your property on the west? McKinnon: It will be built to the end of the west of our property, but Brad1s suggestion was until this is all built, you can only build half of your project and we were just kind of surprised by that. And that's -- there was action taken, it was action by omission. They said that's not a condition we want to place on this, so they didn1t include it in their motion. The transit station. If we can go back to that, Anna9 The transit station is kind of a funny story. The first time we came in we said we are going to do this transit station here and thafs going to be one of our amenities and we are pretty happy with it and the first staff report we got back from the staff said, of course, we want to deny this, please, don't allow the transit station to be included as one of your amenities, because the city doesn't support a transit station there, because we don't have 1 05 million dollars to build the rail line there and we don't have it planned. That's what the first staff report said. Shouldn't count it as an amenity, because we don1t know if ifs ever going to happen~ And we said, well, itls on the Comprehensive Plan, you know, we are just trying to meet what you guys want. And they said, well, it's fine and good, but it shouldn't count as an amenity, because we don't know if it's ever going to happen. And now itls become lees make it happen and cause it to happen. Obviously, it's not in the work program right now for Valley Ride or for Compass. We don1t know when it's going to happen. 1'm more than happy -- and one of the conditions of approval on the rezone is that we put aside this area here, an easement, so the people can get to it. We are more than happy to work with that~ As far as funding mechanisms, as mentioned in the staff report, the staff notes here, we donrt know when thatls going to happen or whatrs doing to happen. So, we are happy to work with them and put aside some areas for the pedestrian access over to it. The Union Pacific rail line carries the larger area, they have a large easement there, that's mostly where the transit area will be. We will build a park there. There is plenty of parking. Actually, the first time I counted was over 2,600 spaces and I didn't have it electronically, so I started counting and, then, that's finet so I went through it. There is a lot of spaces for parking. It's not all going to be used all the time for the uses that are there. Boise Valley Commons is available I know. I just saw the Boise Valley Railway Company. I never noticed that before. We will pick another name. It's not going to be marketed as that, but I don't know exactly why that's {" Meridia n Ci ty Cou ncil March 29, 2005 Page 61 of 72 there~ We are happy with the conditions of approval that P&Z put on this. We are happy to come back here in the future, show you what we finally end up with. It's a work in progress~ That hatched-in area on the back, we are not exactly sure what's going to happen back there and thafs just the way Commercial business is. You can1t know, you can1t guarantee it, but you do need to have the rezone in place, so we have the flexibility~ If multi-family wants to move in there right now, with the rezone itls something we will come back to you with a Conditional Use Permit~ If it was Michael's of Oregon or somebody like that, we would be back in front of you~ So, you have the opportunity to see it, if that something that makes sense back there in the future~ Ask if you have any questions at this time and ask for your support. De Weerd: Council, do you have any questions? Wardle: Madam Mayor? De Weerd: Mr~ Wardle. Wardle: Dave, talk about -- the staff raised concerns about curb cuts onto Pine~ And is there only one connection that doesn1t make the connection to the -- McKinnon: Just one connection right here. Wardle: Okay. McKinnon: And these were all agreed to. We have been to the ACHD meeting, that was kind of like the fast time J was in front of you, we got up and said we will have to build a staff report, we have to agree with it, do you have any questions. That was it. We just agreed with their conditions of approval. I wish I could have done that tonight~ Dang it. But, you know, if there is an agreed upon locations~ The staff actually, they had a lot of conversations with Brad and Brad was really happy to bring these as north- south to be able to get through the whole site coming off of Pine~ So, those locations were agreed upon~ We did some battle with the P&Z Commission with ITO, mostly it was with ITO's access -- accesses onto Eagle and we got limited to just the two accesses. Thafs it. De W eerd: Good ~ Wardle: Madam Mayor? De Weerd: Yes. Mr~ Wardle~ Wardle: One more question about the hotel and the landscape on the hotel. Is that something single use has to come back to -- so, you guys our including the motel addressed at the time that that particular use comes back in for a Conditional Use Permit. Meridian City Cou ncil March 29. 2005 Page 62 of 72 <:-- . McKinnon: Yes. Every single use has to come back to you, including the hotel, so you guys will have another opportunity with that. De Weerd: The hotel convention center? McKinnon: The convention center. Excuse me. Canning: Now you can get a liquor license for those. De Weerd: I think I know a closet where you can find one. Bird: They have got four or five. De Weerd: You have two years. I guess my question is are you building that to the ITD standards? Was that part of the terms of the condition? Canning: J'm sorry, I missed the question. De Weerd: I can't get on my -- my online files, but does that -- Canning: Staff's recommendation was for the right-in, right-out only on that as well and to the -- De Weerd: Well, as far as the path and the setback, the lighting, all of that stuff. For that Eagle Road -- Canning: Oh, for the Eagle Road corridor~ I believe it was. I can double check. McKinnon: Yes, it's in there. De Weerd: Okay. Even though we have it, we have not designated the lighting standards yet, so it should be part of this. McKinnon: It is and I have gone through Bradls staff report and thafs one of the things J did notice was that the letter of support and he said in the letter of support there were a number of items that he pointed out that's in the staff report. De Weerd: Okay. Now, she had mentioned in here opening remarks about a phasing plan? McKinnon: The phasing plan? De Weerd: I guess my particular interest is when will Pine be built? In the first phase; right? McKinnon: Yeah. That's -- yeah~ Meridian City Coun ci I March 29 t 2005 Page 63 of 72 i...\ . De W eerd: Good answer. McKinnon: Yes. J received some coaching~ The answer is yes. De Weerd: Because I mean that's going to be critical. J think with the way Eagle Road is right now -- and I'm sure you all are going to call your representatives in the morning to encourage the Garvee bonds, so we can relieve some of that congestion~ I just can't imagine pouring more traffic out onto it without another route. Because Fairview is just as congested and people are at that -- at that area, so that will be criticaL And that will be a message for any future developers along that area. McKinnon: I'm nodding in agreement. De Weerd: So, I'm sorry, phasing plan. McKinnon: Phasing plan. Initially staff wanted to see it with the concept plan. We donrt know which building is going to go first or even where and we said when we come in with our first detailed Conditional Use Permit, you will have an idea of where we are starting. And thaes -- we said can we do our phasing plan, then, and staff and the P&Z Commission agreed to that, so that's how ifs worded right now in the staff report De Weerd: And what is your idea of non-retail? McKinnon: Oh, man. Everything but retail. De Weerd: Oh. Okay. McKinnon: That's a -- some of those questions you -- I get -- boy. Non-retail has a lot of different uses. Anna says she has got a list of the uses. There is -- we have been working with the Process Improve Group, all the different types of uses that are non- retail and they will go on for a couple of different pages. It may be easier to have Anna put those up on the overhead, so you could see all those different types of usesl but included with that would be office uses. It would be flex space uses, showroom uses, hotel is zoned retail. Multi-family is not a retail. Michaelis of Oregon, that different product is non-retaiL We have manufacturing and doing some -- processing on site, packaging on site. All those types of uses are non-retail and the nature of -- boy, there is a whole list. Single family. Multi-family. De Weerd: Okay. I got it. McKinnon: Education. Nary: Madam Mayor? De Weerd: Yes, Mr. Nary4 Merid ian City Counci I March 29, 2005 Page 64 of 72 ( ". Nary: All the elements, just to correct Mr~ McKinnon, a hotel is a non-retail use, but the recommendation was 50,000. Also, plus the hotel. De Weerd: Plus a convention center. Okay~ Thatrs all I had~ Council, do you have anything further? Bird: I have none. Canning: Madam Mayor, I don't see specific reference to some of the sidewalk and landscaping improvements for the Eagle Road access study~ It does say that -- it does say all access on Eagle Road shall be restricted to right-in, right-out operations only and that medians be installed on Eagle Road to restrict the access points, including the Commercial Court access. So, really, it only addresses the median issue currently. And that's in the development agreement conditions. And, then, I would also like to state that the original staff report was still in support of the transit center~ What it said was the rezone application and CUP makes several references to a future Union Pacific Railroad transit center as an asset for this development. This is in general conformance with the Comprehensive Plan, which identifies this location for a transit stop as welL If the CUP-PO application and concept plan are approved, including the transit center, there will likely be public funds involved in the construction of said transit center~ So, all it was pointing out is that there would be -- need to be some commitment of public funds, not that they were opposed to the transit center. So, we have always supported the transit center as depicted on the Comprehensive Plan. I just wanted to clarify that~ De Weerd: Okay~ McKinnon: Anna, Mayor, Members of the Council, the -- like I say, it was in the staff report where Brad mentioned those items. It's on page four or five on Exhibit E under your Conditional Use Permit approval~ He mentioned that the single parcel where ifs done, secondary access, where ever, recommending landscape median, median sidewalk, lighting and other features, with not a break in front of the subject parcel. That's where ifs found, in front of the Commission's approval, but, actually, under item J on page four of five under Exhibit E. So, ifs in your Findings of Facts and Conclusions of Law, but not a condition of approval. De Weerd: Okay. Wardle: Madam Mayor? De Weerd: Mr~ Wardle. Wardle: And this is either for Dave or Anna~ Is that requiring the applicant to make the median improvements? No? Okay~ Meridian City Council March 29 t 2005 Page 65 of 72 Canning: Well, the developer has called out from the audience and said no to you, but 11m not sure that that's not the way that the staff report condition reads right now -- or the development agreement condition reads~ It currently reads is all access on Eagle Road shall be restricted to right-in, right-out operations only and that medians be installed in Eagle Road to restrict the access point, including the Commercial Court access. McKinnon: Madam Mayor, Members of the Council, ITD has been working on the Eagle corridor for a number of years. This is something they have got planned to happen with those medians, it wasnrt something that ITD has placed as a requirement upon us as part of their conditions of approvaL De Weerd: Did that answer your question? Clear as mud? Wardle: Well, if itls not a requirement for the transport department for the developer to construct it, then, I would assume it wouldn1t be part of our development agreement with them as well. Thank you. McKinnon: Thank you~ De Weerd: Okay. Thank you. McKinnon: Thank YOU4 Canning: Madam Mayor? De Weerd: Yes, Canning: If -- the Council may want to qualify that as they would support the medians being developed or something like that, because as staff we see conditions like that and I would agree that it needs to be reworded, but that -- that you would support ITD installing the median, not the applicant. De Weerd: Okay. If everyone remembers, this is a Public Hearing on Item 19 and 20. Is there anyone else who would like to provide testimony on this application? Okay. Donnell: Madam Mayor? De Weerd: Yes, Mrs~ Donnell. Donnell: I move that we close the Public Hearing on Items 19 and 20. Bird: Second. De Weerd: Okay. The motion is to close the Public Hearings on 19 and 20. All those in favor say aye. All ayes. Motion carries. Meridian City Council March 29~ 2005 Page 66 of 72 MOTION CARRIED: THREE AYES~ ONE ABSENT~ De Weerd: Okay~ Any discussion before a motion? Nary: Madam Mayor? De Weerd: Yes, Mr~ Nary. Nary: Madam Mayor, Members of the Council, if it is the Councills desire to approve these findings, I would simply ask that because we haven't approved a Camp Plan amendment, that you set those Findings over for two weeks until we have the Camp Plan amendment before you, so that you will have that resolution approved first prior to the Findings. De Weerd: Okay. That sounds good~ Do you want to continue this? Do you need to make any notations for the record on items you need clarification on or would like included in the Findings? Wardle: Madam Mayor? De Weerd: Mr~ Wardle. Wardle: Correct me if 11m wrongf Mr~ NarYt but I heard that we could approve the application and, then, the Findings would come forward in two weeks; was that correct? Nary: Madam Mayor, Members of the Council, thafs correct~ If you desire to approve it, you can certainly do thatf and simply direct that the Findings be returned in two weeks for final approval. You can do that~ Sort of the way we used to do it~ Yeah~ De Weerd: Going backwards4 Nary: Yeah. Bird: Madam Mayor? De Weerd: Mr. Bird~ Bird: Nobody's speaking, so I move we approve RZ 04-017 f without the Findings, bring them back in two weeks, and to incorporate all applicant, public, and staff comments~ Donnell: Second. De Weerd: Okay~ The motion is to approve Items 19 and 20 -- or, 11m sorry~ Just Item 19~ Okay. Mr~ Nary, just to add the condition to build to ITO standards on this piece of property~ 11m not talking about any medians, but is that for the CUP or the RZ? Meridian City Coun cil March 29 t 2005 Page 67 of 72 ('. .. Nary: Madam Mayor, Members of the Council, I think that since you1re only talking about the building that would probably be on the CUP and not the rezone. De Weerd: Okay. Nary: Unless you want it in the development agreement. Canning: Thank you. Some of that may be off-site improvements. Bird: I beg your pardon? Canning: Are they? De Weerd: No. Canning: Are they all on site? Okay. Nary: I think they are -- from my understandingf Madam Mayor, you1re talking about improvements of the property that's adjacent to their property, not the medians in the middle of this road. De Weerd: That's correct. Nary: You're talking just their own property. Then, unless you wanted -- if you want them in the development agreement, we can certainly include them in the development agreement, therefore, it would be part of the rezone portion and that way it's clear with the other improvements that they are supposed to make or the limitations on development thafs part of the record already, the 300,000, 50,000, and all of that -- Bird: I would agree with that. Nary: Right. We would certainly make it part of that. De Weerd: Does the second agree? Donnell: The second agrees. De Weerd: Okay. Thank you. Wardle: Yes, but, Mr. Nary, you said the 300,000 and -- is that the limitation to only bu ild -- Nary: No. Madam Mayor, Members of the Council, Councilman Wardle, the recommendation was is that 300 -- at the point where 300,000 was developed, they Meridian City Council March 29, 2005 Page 68 of 72 have to develop the other mixed use, not that they couldnrt go until Pine got developed, but that the other 50,000 had to get starteod. Wardle: Thank you. Nary: Unless I misunderstood what the recommendation was~ I thought that's what P&Z recommended. Okay. Bird: And I think that's what the applicant agreed to. De Weerd: Okay. Anna, did you need any clarification? Canning: I -- yes. At this point I'm not sure what the motion is~ De Weerd: The motion is to approve~ Canning: But are they -- Nary: With the recommendations that have already been made. Bird: With the recommendations that have been made by the applicant and by the staff and public. Canning: On the DA? De Weerd: Just to add to the DA the on-site improvements of the 1-84 -- or the Eagle corridor~ Canning: Okay~ De Weerd: The sidewalk, the lighting, the landscaping. Okay. Any further discussion, clarification needed? Okay. Mr~ Berg, will you call roll Roll-Call: BirdJ yea; Rountree, absent; Wardle, yeah; Donnell, yea. MOTION CARRIED: THREE AYES. ONE ABSENT~ De Weerd: Mr~ Bird. Bird: Madam Mayor, I move we approve CUP 04-051, Ten Mile Development, LLC, and bring back the Findings of Facts and Conclusions of Law in two weeks and incorporate all staff, applicant} and public testimony~ Donnell: Second. De Weerd: Okay~ I have a motion to approve. Has the transit station been clarified? Meridian City Coun eil March 29 ~ 2005 Page 69 of 72 Canning: No. De Weerd: Is that under the CUP or is that a development agreement thing? Nary: Madam Mayor, Members of the Council, I thought it was on the CUP, because it was simply an on-site improvement. De Weerd: Exactly. Bird: An on-site improvement. Thafs what I thought De Weerd: Okay. And did that include that -- Bird: Yes, it sure did. Donnell: Uh-huh. De Weerd: Okay. The second agrees? Donnell: Yes. De Weerd: Okay. Okay. Any further discussion? Mr. Berg. Roll-Call: Bird, yea; Rountree, absent; Wardle, yeah; Donnell, yea. MOTION CARRIED: THREE AYES. ONE ABSENT. De W eerd : Th an k you. Cnu n ciJ, I wou Id Ii ke to revisit (tern 16 . The motion was to approve the VAC 05-002. We did not approve the Findings. Was that your desire? If so, I do need a motion. Donnell: Madam Mayor? De Weerd: Mrs. Donnell. Donnell: We move -- I'd like to make a motion that we go back to Item No. 16, VAC 05- 002, and approve the Findings as well. Wardle: Second. De Weerd: Okay. The motion is to approve the Findings for Item 16. Mr. Berg, will you call roll. Roll-Call: Bird, yea; Rountree, absent; Wardlef yeah; Donnell, yea. Meridian Cjty Council March 29 t 2005 Page 70 of 72 { (, MOTION CARRIED: THREE AYES~ ONE ABSENT. Bird: Now that I have voted, can I say something? De Weerd: Uh-huh. Bird: Was there Findings on that? Berg: Yes, there was~ They were attached to your packet Bird: They were there? Item 21: Ordinance No. 05.1135 AZ 04~011 REVISED Request for Annexation and Zoning of 9.8 acres to R-8 zone for Alexandria Subdivision by Lonnie Johnson - 4205 North Locust Grove Road: Item 22: Ordinance No. 05~1136 RZ 05-001 Request for a Rezone of .249 acres from R-8 to 0- T zone for Robert Monson by Robert Monson - 829 North Meridian Road: Item 23: Ordinance No. 05-1137 RZ 04-018 Request a Rezone of .74 acres from L-Q to C-C zone for Kinetico Quality Systems of Treasure Vallev by Irma Jean Phillips - 544 West Cherry Lane: De Weerd: Mr. Berg, you brought that to my attention, so I wanted to clean that up~ Okay. Items 21, 22 and 23 are Ordinance Nos~ 05-1135, 05-1136 and 05-1137~ ML Berg, will you, please, read these three ordinances by title only~ Berg: Thank you, Madam Mayor, Members of the Council. Ordinance 05-1135, an Ordinance known as Alexandria Subdivision for property located on a portion of the south one half of the northwest one quarter of Section 31, Township 4 North, Range 1 East of the Boise Meridian, Ada County, Idaho, as described in Attachment A and annexing certain lands and territory situated in Ada County, Idaho, and adjacent and contiguous to the corporate limits of the City of Meridian as requested by the City of Meridian, establishing and determining the land use zoning classification of said lands from RUT Ada County to R-8, medium density in the Meridian City Cadef providing that copies of the ordinance shall be filed with the Ada County assessor, the Ada County recorder, and the Idaho State Tax Commission, as required by law, and providing for a summary of the ordinance and providing for a waiver of the reading rules and providing an effect date. Berg: Ordinance 05-1136, an Ordinance known as Robert Monson at 829 Meridian Road, Meridian, Ada County, Idaho, as described in Attachment A of this Ordinance and rezoning certain lands and territory situated in Ada County, Idaho, and within the corporate limits of the City of Meridian and rezoning the land use zoning classification of said lands from R-8, me.dium density, to OT, Old Town Meridian, in the Meridian City Code, providing that copies of the ordinance shall be filed with the Ada County (:...:.. ( . Meridian City Council March 29, 2005 Page 72 of 73 De Weerd: Thank you. The last item on our agenda, Item 24, is an Executive Session~ Do I have a motion? Bird: Madam Mayor? De Weerd: Mr~ Bird. Bird: I move we go into Executive Session as per Idaho State Code 67-2345(1 )(a)(c) and (t). Wardle: Second. De Weerd: Mr. BergJ will you, please, call roll. Roll-Call: Bird, yea; Rountreef absent; Wardle, yeah; Donnell, yea. MOTION CARRIED: THREE AYES. ONE ABSENT~ EXECUTIVE SESSION: De Weerd: Councilf I would accept a motion to come out of Executive Session. Bird: So moved. Wardle: Second. De Weerd: All those in favor say aye. ALL AYES. MOTION CARRIED. De Weerd: Do I have a motion to adjourn? Donnell: So moved. Bird: Second. De Weerd: All those in favor? ALL AYES~ MOTION CARRIED. J' .. . !.. Meridian City Council March 29,2005 Page 73 of 73 MEETING ADJOURNED AT 11 :25 P~M. (TAPE ON FILE OF THESE PROCEEDINGS) ...-~ ..~~ DE WEERD ATTESTE · ( {--I (1, tJ~ DATE APPROVED ( March 25,2005 CUP 04-054 MERIDIAN CITY COUNCIL MEETING March 29, 2005 APPLICANT High Point Equities, LLC ITEM NO. 5-C REQUEST Findings for Approval- Request for a Conditional Use Permit for a Planned DevelopmeJ for retail uses in a C-N zone for The Shops at Cherry lane - southwest corner of West Cherry Lane North Ten Mile Road 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: %nY0/0/;G.~.~__~~YWi5U~<>#~~ ye/ ~ ...: I Date:31~{~ Phone: .. Aet-Staff InItials: ~ ~ 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 a Request for a Conditional Use Permit for a Planned Development for a retail uses in an C-N Zone, by High Point Equities Case No(s). CUP-04-054 For the City Council Hearing Date of: March 15, 2005 A. Findings of Fact 1. Hearing Facts a. A notice of a public hearing was published for two (2) consecutive wee.ks prior to the City Council public hearing, the first publication ap.pearing 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 otller noticing was done consistent with Idaho Code ~67- 6509 ~ The matter was d.uly considered by the City Council at the Marc.h 15, 2005, public hearing(s). The applicant, affected property ow.ners, and government subdivisions .providing services within the planning jurisdiction of the City of Meridian were given full opportunity to express comments and submit evidence~ b~ Written and. oral testimony was received on this matter, as reflected in the records of the City Clerk (for written testimony) and in the official meeting .minutes (for oral testimony). c~ The Planning and Zoning Commission conducted a public hearing and issued a written recommendation for approval 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 evide.nced by the Affidavit of Mailing, and the Affidavit of Publication and Proof of Posting filed with the staffreport 3~ Application and Property Facts CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND .DECISION & ORDER CASE NO(S).CUP-04-054 - PAGE 1 of5 ( c=:'::. ..: a. In addition to the application and property facts noted in the staff report and the Planning & Zoning Recommendation for the subject ap.plication(s), it is hereby verified tllat the property owner(s) of record at the time of issuance of these findings is Nita Lovan. 4. Required Findings per Zo.ning and Subdivision Ordinance a. See .Exhibit D for the findings required for tIle application. B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it .by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Id.aho Code (I.e. ~67- 6503). 2. TIle 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 ma.ps thereof. The City of Meridian has, by ordinance, establis.hed th.e Impact Area and the Amended Co:mprehensive Plan of the City of Meridian, which was ado.pted 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 llas been. given to tIle comme.nt(s) received from the governmental subdivisions providing services in the City of Meridian planningjurisdictio.n. 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 im.posed. 6. That the City has granted an order of approval in accordance with tllis Decision, wl1ich shall be signed by the Mayor and City Clerk and tllen a copy served by the Clerk upon th.e applicant, the Planning and Zoning Department, the Pu.blic Works Department and any affected party requesting notice. 7. That this approval is subject to the Legal Description in Exhibit A, the Site Plan dated 2/15/05 as shown in Exhibit.B and the Conditions of A.pproval in Exhibit c~ The conditions are concluded to be reasonable and the applicant sIlalI meet such requirements as a condition of approval of the ~pplication~ c. Decisio.n and Order Pursuant to the City Council's authority as provided in Meridian City Code ~ 12-3-5 and based upo.n the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's CUP Site Plan is hereby conditionally approved; and C.ITY OF MERIDIAN FINDINGS OF FACT~ CONCLUSIONS OF LAW AND DECISION & O.RDER CAS.E NO(S).CUP-04-054 - PAGE 2 of5 (-. .... /~ t.. 2. The following modification to tIle site specific conditions for the Conditional Use Permit were made at the 3-15-05 City Councilllearing; a. Delete Site Specific Conditio.ll #9 and modify Site Specific Condition #5 to read: "Prior to issuance of a Certificate of Zoning COlnplian.ce, the applicant shall work with the Nampa Meridian Irrigation District and City Staff regarding th.e existing trees within the NMID easement The City's first prefere.nce is to work with NMID to identify healthy trees that could remain. The City's second preference is to plant new trees within the easement and require the applicant to construct a eMU wall. The City recognizes that the best negotiated outcome may be a combination of these scenarios. If no trees are preserved or no new trees are planted withill the easement, the applicant shall construct a eMU wall adjoining the NMID easement." b. Create Site S.pecific Condition #9, "The ap.plicant shall im.plement ligllting on the .property which shall be down shielded an.d not cause glare, im.pact the traveling public, or adversely affect neighboring developlnents. Designs and specifications of said lighting shall be submitted to City Staffprior to issuance of a Certificate of Zoning Co.mpliance." c. Create Site Specific Conditio.n #10, "Pri.or to issuance of a Certificate of Zoning Compliance, the applicant shall submit evidence of an adequate turning radius from the drive-through exit nortl1 to Cherry Lane. If evidence of an acceptable radius cannot .be provided, the applicant shall .be required to reconfigure the drive-through to eliminate one lane of the drive-through. and narrow the exit eastward through the use of curbing. This would move the drive-throu.gh exit furtl1er from the access to Cherry Lane, and facilitate the safe movement of traffic from tIle site." 3. The site specific an.d standard conditions of approval are as shown in Ex.hibit C. D. Notice of Ap.plicable Time Limits 1. Notice of Eigllteen (18) Month Conditional .U se Permit Duration Please take notice that the conditional use permit shall be valid for a maximum period of eighteen (18) months unless otherwise approved by the council. During this time, the permit holder .must commence th.e use as permitted. in accordance with tIle 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 cOlllpletion date for the project. If tile completion date specified for the project is exceeded, th.e conditional use application shall become null and void. However, the applicant may submit an application for a titne extension on the .project for city council review. The CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S).CUP-04-054 - PAGE 3 of5 j; \\ application for time extension shall be sublnitted at least thirty (30) days prior to the deadline for completion of the project For projects requiring .platting, tIle final plat must be recorded within this eighteen (18) month :period. For projects with m.ultiple phases, the eighteen (18) month deadline shall apply to the first phase~ In tIle event that the development is made in successive contiguous segments or Inultiple 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 witllin one year intervals, the conditional approval of the future phases shall be null and void. (MCC 11-17-4.B~) E. Notice of Final Action and Right to Regulatory Takings Analysis 1 ~ The Applicant is hereby notified tllat 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 tIle 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 -652] an affected person bein.g a person who has an interest in real property wl1ich Inay be adversely affected by the issuance or denial of the conditional use permit approval may within twenty-eight (28) days after tIle date of this decision and order seek a j.udicial review as provided by Chapter 52, Title 67, Idaho Code~ F. Exhibits Exhibit A: Legal Description Exhibit B: Approved Site Plan Exhibit C: Final Conditio.ns of Approval Exhibit D: Conditional Use Permit Findings By action of the City Council at its regular meeting held on the 2 If 7!:. day of 1J1/fAuA-. ,2005. I COUNCIL MEMBER SHAUN WARDLE VOTED COUNCIL MEMBER CHRISTINE DONNELL VOTED COUNCIL MEMBER CHARLIE ROUNTREE VOTED IJj; CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S).CUP-04-054 - PAGE 4 Df5 ('''~'.. . (~..... '",..... . .: .: COUNCIL MEMBER KEITH BIRD VOTED MAYOR TAMMY de WEERD (TIE BREAI<ER) ~ VOTED Attest: ~ft William G.. Berg, Jr., Cit and City Attorney. By: ( City Clerk's Office .Dated: 4--4 -oc; CITY OF MERlDIAN FINDINGS OF FACT, CO.NCLusrONS OF LAW AND DECISION & ORDER CASE NOCS).CUP-04-054 - PAGE 5 Of 5 .-----. - "".... ...... ........ ........ ......,.. ... "'t 't..,.. -m if IIJ: "II' ",.. t 1""": I ~M\1t>>JmJl\i3O\!4{WmJM~.)" ." .A:wm~ ADA. CDUm RECORDER J. DAYfO KAVMftO t5 IOIE IDA 00 ID1MU 10;44 AM r> QUITel DEPUTY l.u~IcOb~1a ~ necon OED,.. REOum Of --( .JKi Rldd.... ~ A~~ au ~ ~ ~ ~ ~ do Mn:by ccn\'Cf~ rdcuc. nm.isc and forever qu1tc:Ja1m !i unto ~ ;1 wN:ue .ddta:s is: 3415 Wes t Cherry Lane, Mer idian , ID 8 364 2 11111111111''''1118111111 HI Iff 104023812 = ~ ~ ra ~ I 5E ~ Si ~ ~ r; 5 :r: ~ S; 51 ~ ~~ ~~ ;1 ~I >>' ~ ~ ~ ~ J" " ~I · ~ ~<~ ~/r~ ) ;~ VI NITA LOVAN, Personal Rcpresentativgl of the Esta"l:e of Wallace D. Lava n ~ ~ ! dQ9aHg~~ fi ann .u. ~ ~l 2004 .b~rOfe-mt ;:11 t I norV}' pubL"t", ":i " ~IJ ~ ~ ;:1 (: /...-........ ( \ EXHIBIT A Shops at Cherry Lane CUP-04-054 Legal Description FOR VALtJE. RE~ VI NITA LOVAN, Personal Representative of the Estate of Wallace D~ Lovan, deceasedl VE NITA LOVEN, also ~k.nown as Vi Nita Lovan the r oUo'Winr daaibed ptUI1lses~ to wit: A I'AttCtL M UJ.I) LIIN: In 1lE tar1lEA$T 0lWmR OF llE ~T QlWfJ"ER Of RCl'f- 10, lVIHiHlP 3 tomf. 11Al<<X 1 liES!" ~ISE..pER1011Jl, #J).\ o:uny. J rwrJ IDE: SH:C I F I CALLY DEStK I BED AS FDllOIt$ ~ bEG1MCIk: A"r 4.C Sf.CT1tJt: (XJt:SG CXIIOI TO sa::rUIZS ~, %. 11 NO Of SAfO SECTlat 10- nece WJRm .. DIciiii \,llI" vaT SlO.. ao rat 't'O- A POI kT. SAIO POI NT BEl He lIE REAl PO I liT or lEe I JIll M;J. nENCE ~ 0 ofCR!t ta'ZZ- WDT 3,".OJ raT TO A POfHTJ ~ NJRI'H '" ~ ~.381f WEST 274.'2' FW "to ,. POUlT; ~ ItJRtH 13 DrCREES $-1 ')P vEST 21S-..15 tm TO A POIIlT;. neICE scum 19 0EaEs \1'38" EAST 2SIQ..OO Fm TO llE REAL POUlT oF eeGUIlIHt~ DCEP1 M1 PORrlm tlGtfOF l Y I N: W. TN I H n-=: JII em OF fAY FOR QI:1Un' L..UE. (alrthu with thdr .ppwttn&nCCS~ D~M:~~ s-:: ;J () d ~ ..- " ST~TE OF T County or ~~ ili ~, Wi\tfmm1W\9[f]l~Qt\wwnwW!tt7."~ ! :.:..-:/~ /~.. . ( \. ( EXHIBIT B Shops at Cherry Lane CUP-04-054 Approved Site Plan q==! is:S: > a i ~ ~ .~~ 8 ~ ~ !i i ~ iii1 ~ ~ ~ m~ ~ B~ e = ! ;~~~~ ~; ~:l!f!~2 ~ 3~~ ~ ~9~S~ .. R~ m 1: : ~~~ t; ~ ~ . ~ ~~~ ~? "'V.t: 5~ J: C) f11 Z f11 ;U l> r Z o ~ rTl (!) S~iI:l~ ;!lt22; i~~~li ~S~Ni i~~!~ n~~ .JR x ;j 1; x o.~;;j?? illzi ::tt~ J ~., s il!:; c.. c.... . EXHIBIT C Shops at Cherry Lane CUP-04-054 Conditions of Approval SITE SPECIFIC CONDITIONS OF APPROVAL 1. The project layout shall remain in substantial compliance with the approved site .plans. Parking is approved as depicted on the site plans. Minor modifications can be made, if necessary, during the CZC process as long as the overall :parking ratios remain. in conformance witll the Meridian City Code. All surface parking shall conform to the minimum dime.nsions per ordinance of9' x 19' with 25' wide drive aisles. 2. The applicant shall submit a written request for width reduction of the street buffer to the Planning Director, which demonstrates evidence of the hardsllip and proposes a specific alternative width prior to tIle City Council heali.ng for the ap.p lication. 3. Prior to issuance of a Certificate of Zoning Compliance on this applicatio.n, the applicant shall provide notarized consent of the adjacent property owners for this application and shall provide evidence of an agreement which allows off-site itnprovements to the parking facilities of Lots 1 and 2, Grocery Bag Subd.ivision~ 4. Provide a recorded copy of the cross access agreement between the subject property and Lots 1 and 2, Grocery Bag Subdivision prior to issuance of a Certificate of Zoning Compliance. 5. Prior to issuance of a Certificate of Zoning Compliance, th.e applicant sllall work with the Nampa Meridian Irrigation District and City Staff regarding the existing trees within the NMID easement. The City's first preference is to work with NMID to identify healthy trees that could. remain. The City's second preference is to plant new trees within the easement and require the applicant to construct a eMU wall. The City recognizes that the best negotiated outcome may be a combination of these scenarios. If no trees are preserved or no l1ew trees are planted within the easement, the ap.plicant shall construct a eMU wall adjoining the NMID easement 6. The applicant shall remove the conifer iocated in the street buffer along Cherry Lane from the plan and replace it with a deciduous tree which complies with MCC 12-13-7-2 and 12-13-9, prior to issuance of a Certificate of Zoning Co.mpliance~ 7~ Automated Teller Machines (ATM) or drive-tlrroughs, shall be prohibited for Retail B (soutllemmost building) and acceptable for Retail A (northernmost building)~ (:~,....:.... ('.~.... 8. At this time there are no .public sanitary sewer or water services to the subject site. The applical1t needs to :provide information to the Public Works Department detailing their proposal for .providing services to tIle subject site. 9. The applicant shall ilnplement lighting on the property which shall be down shielded an.d not cause glare, impact the traveling public, or adversely affect neigh.boring develo:pments. Designs and specifications of said lighting shall be submitted to City Staff prior to issuance of a Certificate of Zoning Compliance. 10. Prior to issuance of a Certificate of Zoning Compliance, the applicant shall submit evidence of an adequate turning radius from the drive-through exit north to Cherry Lane. If evidence of an. accepta.ble radius cannot be provided, the applicant shall be required to reconfigure the drive-through to eliminate one lane of the drive-through and narrow the exit eastward through the use of curbing. This would. move the d.rive-through exit further from the access to Cherry Lane, and facilitate the safe movement of traffic from the site.. ST AN.DARD CON.DITIONS OF APPROVAL 1. This conditional use permit shall be subject to the expiration provisions set forth in MCC 11-17-4.B. 2. All exterior lighting, whether attached to the .building or located within the parking lot, shall be down-shielded or oth.erwise altered so that the light does not spillover onto adjacent properties or right-of-way. All parking lot ligllting shall be in accordance with Ordinance 11-13-4C. 3. All signage shall be in accordance with the standards set forth in Section 11-14 of the City Zoning and Development Ordinance. N.o signs are specifically approved with this Conditional Use Permit All signage shall require separate permits. 4. All construction and site improvements shall conform to the requirements of the Americans with Disabilities Act and the adopted building and fire codes. 5. A drainage plan. designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street .parking areas.. Stonn water treatment and disposal must be designed in accordance with Department of Environmental Quality 1997 publication Catalog of Storm Water Best Management Practices for Idal10 Cities and Counties and City of Meridian standards and .policies. Off-site disposal into surface water is prohibited unless the jurisdiction which has authority over the receiving stream .provides written autl1orization prior to development plan approval. The applicant is responsible for filing all necessary ap.plications with the Idaho Department of Water Resources regarding Shallow Injection Wells. 6. Certificate of Occupancy: All required improvements must be complete prior to ( t . ( obtaining a Certificate of Occupancy for the proposed d"evelopment. A temporary Certificate of Occupancy Inay be obtained by providing surety to the City in the fonn of a letter of credit or cash in. the amount of 11 0% of the cost of the required improvelnents (including paving, striping, landscaping, and irrigation)~ A "bid must accompany any request for temporary occupancy. 7. Meridian City Code requires that this site be served with an automatic underground irrigation system. Use of non-potable irrigation water is required when determined to be available .by the City Public Works Department as regulated by City Ordinance 9-1-28. 8. Sanitary sewer and water service shall be frOlTI the city of Meridian's existing systems adjacent to the site. 9. All parking and drive aisles shall be paved for all uses, in compliance with the submitted plans. Handicap parking spaces shall be signed and striped in compliance with Federal accessibility guidelines. FIRE DEPARTMENT COMM:ENT: 1. Final Ap.proval 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 s"halI not face a street Wl1ich does not have addresses on it c. .Fire .hydrant markers shall.be provided per Public Works spec. d. Locations with fire hydrants shall 11ave the curb painted red 10' to eac"h 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 1 0' . g. Fire l1ydrants shall be :place 18" a.bove finish grade. 2. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins~ 3. Fire lanes and streets sIlalI have a vertical clearance of 13'6". This includes mature landscaping. 4. Commercial and office occupancies will require a fire-flow consistent with the International Fire Code to service the proposed project. Fire hydrants shall be placed per Appendix D. 5. The retail lot will have an unknown transient .population and will have an unknown impact on Meridian Fire Department call volumes. The Meridian Fire Department has ex.perienced 2397 responses in the year 2003. According to a report completed (~,. .. (' ~~. by Fire & Emergency Services Consulting Group our requests for service are projected to reacl12800 in the year 2005 and 3800 by the year 2010. 6. Provide a l<noxbox entry system for the complex .prior to occu.pancy. 7. The ap.plication shall work with city staff to provide an address identification plan including a pylon/mon.ument sign at the required intersection(s). 8. There shall be a fire hydrant within 100' of all fire department connections. POLICE DEP ARTM.ENT COMMENT: 1. The proposed drive through has limited visibility froln a public street Prior to the next public hearing, tIle applicant s11a11 Ineet with the Police C.hief to discuss methods of increasing visibility to the facility. PARKS DEPARTMENT COMMENT: 1. Standard for Mitigation of trees: The standard established in the City of Meridian Landscape Ordinance (MCC 12-13-13-6) will be followed. 2. 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. NAMPAlMERIDIAN IRRIGATION DISTRICT 1. A Land Use Change Application must be filed for review prior to final platting. Please contact Donna Moore at 466-7861 for further information. 2. All laterals and waste ways must be protected9 The District's Eightmile Lateral courses along the southwest boundary of this proposed project. This easement must be protected and any encroachment without a signed License Agreement and approved .plan, before any construction is started, is unacceptable. 3. The developer must comply with Idaho Code 31-3805. 49 It is recommended that irrigation water be made available to all developments within the Nampa & Meridian Irrigation District. (.. (<~,... . \.~....: .. . EXHIBIT D Shops at Cherry Lane CUP-04-054 Required Findings STANDARDS FOR CONDITIONAL USES The Commission and Council shall review the particular facts and circumstances of each proposed conditional use in terms of the following, and may approve a conditional use permit if they shall 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 othe.r features as may be required by this ordinance; City Council fi.nds that the subject .property is large enough to accommodate the requested use and. all otl1er required features as noted above, subject to the comments and conditions outlined below~ As part of the planned development, the applicant is requesting approval of a drive through in both the front and rear b.uildings. T.he applicant has submitted designs regarding the layout of the site. The site plans consists of a 6,050 square foot front building with a drive thrOUgll and a 3,250 square foot rear building with a drive through~ It is important to .note that the ap.plicant's proposal proposes joint :parking facilities with tIle Albertson's property directly adjacellt to the subject :property. The proposed :plan reconfigures the existing parking, and in doing so eliminates six (6) existing parking spaces and adds twenty-five (25) parking spaces to the Albertson's .property. MCC l1-I3-l(G) Joint Parking Facilities states that "Off- street parking facilities for different buildings, structures, uses, or for mixed uses may be provided collectively in any district in which separate parking facilities for each constituent use would be permitted; provided, that the total number of spaces so located together shall not be less than the sum of th.e separate requirements for each use." The Albertson's development contains approximately 57,300 square feet of retail use, requiring 287 parking spaces, and there are 294 parking spaces existing on the property. The elimination of six (6) .parking spaces on the adjacent development by the applicant's proposal would not reduce the parking .below the requirements of MCC 11-13-1 (G), and therefore co.mplies with tIle requirements of .Meridian City Code, provided that sufficient new parking is provided with tIle development to meet the requirements of MCC 11-13-5 for the entire site~ Standard ordinance parking requirements for "Retail Stores" apply to tIle site. The standard for retail use is one (1) space per 200 gross square feet Th.e two (: ::~..<: .- .. ~ (::~<u. . pro,posed buildings add. up to 9,300 gross square feet, requiring 47 parking spaces~ The drive through customer service window requires an additional five (5) parking spaces, .bringing the total required to 52 parking spaces. The applicant has proposed 61 new .parking spaces and is in compliance wit11 the requirements ofMCC 11-13-5. The required landscape street b'uffer for arterial roadways, such as Cherry Lane, is twenty-five feet (25') from the property line. In circumstal1ces wh.ere required street buffer widths result in an otherwise unavoidable .hardship to the property, a width reduction may.be granted by written request to the Planning Director (MCC 12-13-10-5). In .no case shall the width be reduced to less than ten (10) percent of the depth of the lot without a Variance. The applicant has proposed a reduced street buffer of twenty feet (20') which complies with the ten (10) percent restriction of 12-.13-10-5. A written request to tIle Planning Director has .been received fraIn the applicant. B. That the proposed use and development plan will be harmonious with the Meridian Comprehensive Plan and in accordance with the requirements of th.is Ordinance; The current Comprehensive Plan Land Use .Map designates the property as "ColnmerciaL" City Council finds that the proposed retail uses are hannonious with and in accordance with tl1e Comprehensive Plan. The proposal is a Planned Development to allow more than one (1) building on a single lot and to provide detailed approval of the elements of the developme.nt. If the project is approved as a Planned Developlnent, it will 'meet the minimum requirements of the MCC. The Planned Development provisions require that at least two (2) approved alnenities are included on the site, and the applicant has included three (3), which are: 1) landscaped open space adjace.nt to the Eightmile Lateral; 2) a public seating area; and 3) a 6-foot sidewalk along Cherry Lane. c. That the design, construction, operation, and maintenance will be compatible with other uses in the general neighborhood and with the existing or .intended character of the general vicinity and that such use will not adversely change the essential character of the same area; The Coulprehensive Plan shows that the future intend.ed land use of the area is Commercial and the pro.perty is zoned C-N (Neighborhood Retail). Therefore, City Council finds tl1at the proposed develo:pment will not adversely change the existing or intended character of the general vicinity~ Please see item D for COlnments regarding the impact to other property in the area~ D. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity; /"~':"'" "" ("" " " ~"""" "" (,... . City Council does not anticipate tllat th.e use, in the configuratiol1 proposed, will adversely affect adjace.nt properties in the area. The develoPlnent is separated from surrounding residential uses .by the Eight Mile Lateral and Cherry Lane, and this project will be integrated into tIle large existing retail development ilmnediately adjacent to the property. 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; City Council finds tl1at the pro.posed development can be adequately served by the essential public facilities and services listed above, with tIle exception of sanitary sewer and water service.. Drainage will be retained on site. Trash enclosures have been provided on.-site for refuse disposal~ The Meridian Police Department has raised specific concerns regarding the safety of the .proposed development and the ability of the Police to adequately provide services to the development. If either building is .proposed for use as a Banking Facility, any Automated Teller Macl1ine (A TM) should be clearly visible fr01D Cherry :Lane or the adjacent parking facilities. F. That the proposed use will not create excessive additional requirements at pubUc cost for public facilities and services and will not be detrimental to the economic welfare of the community; City Council finds that the proposed development will not be detr.imental to the economic welfare of the community, nor would it create tIle need for any new facilities or services to be paid for by the .public. All required improvements, including landscaping, paving, parking, installation of services and roads, etc. will .be paid for by the developer. The prim.ary .public costs to serve the project will be for fire and police services. G. That the proposed use will not involve activities or processes, materials, equipment, and conditions of operation that will be detrimental to any persons, property, or general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; City Council finds that no excessive traffic, smoke, fumes, glare or odors should result from the proposed retail use. H. That the proposed use will have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public streets; ( \. /.-::......~_.~ .. ( .. \.0:.. . . City Council finds that the .proposed use will not create significant interference W.itll any traffic on the surrounding public streets. I. That the proposed use will not result in the destruction, loss or damage of a natural, scenic or historic feature considered to be of major importance. City Council does not find that any natural or scenic feature will be lost, damaged or destroyed by issuance of this conditional use. ( March 25,2005 MERIDIAN CITY COUNCIL MEETING APPLICANT March 29,2005 ITEM NO. 5-0 REQUEST Water Main Easement for Red Robin by Eagle-Fairview Investments, Co.. 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: I DAHO 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. ..::[~1~r ]~:~ <<.:'~:~:; .1L~~/;: ]( '\\7'. ~~~~ ]~:.~J~ ~ 1 if 2005 To: Mayor de Weerd & City Council From: Karie Glenn (":.:;..~ ~L~~ g i ~1;'1~ (~Wl~~~ cc: File Date: 3/14/2005 Re: Proposed Agenda Items for 3/29/05 City Council Meeting The Public Works Department respectfully requests that the following items be placed on the 3/29/05 City Council agenda, on the Consent Agenda~ for Council's consideration: 1) Water Main Easement for Red Robin by Eagle-Fairview Investments Co~ LLC~ Typical Water Main Easement. Recommended Council Action: Approve the Water Main Easement for Red Robin by Eagle~Fairview Investments Co, LLC and authorize the Mayor to sign and City Clerk to attest. Thank you for your consideration~ . Page 1 ~ ( : ( WATER MAIN EASEMENT nd. THIS rNDENTURE, made this ~ day of m Cl.A- m !t 2005, between Eagle- Failview Investment Company, LLC, a Nevada limited liability company, the patties of the first part, and hereinafter called the Grantors, and the City of Meridian, Ada County, Idaho, the party of the second pazt, and hereinafter called the Grantee; WITNESSETH: WHEREAS, the Grantors desire to provide a water main light-of-way across the premises and property hereinafter particulat:ly bounded and described; and WIffiREAS, the water main is to be provided for thtough 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 consideIation of the benefits to be received by the Grantors, and othet' good and valuable consideration, the GtantoI'S do heIeby give, grant and convey unto the Grantee the right-af-way fot' an easement for the consnuction, operatio~ miintenance, repair, replacement of a water main over and across the following described property: (SEE ATTACHED EXHlBIT A) The easement hereby granted is fOI the pmpose of constIuction and operation of a water line and their allied facilities, togethet with their maintenance, additional connection thereto, repair and replacement at the convenience of the Grantee, with the free tight of access to such facilities at any and all times TO HA VB AND TO HOLD, the said easement and Iight-of..way unto the said Grantee,. ies succeSSOIS and assigns forever.. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after consnuction, making repairs, performing other maintenance 01' making subsequent connection to the water line, Grantee shall restore the area of~tbe easement and adjacent propezty to that existent prior to undertaking such cons~uction, repairs and maintenance.. However, Grantee shall not be responsible foJ' repaiJing, replacing or restoring anything placed within the area desctibed in this easement that was placed there in violation of this easement.. IRE GRANTORS hereby covenant and agree that they will not place 01 allow to be placed any pennanent snuctures, trees, bmsh, or perennial shrubs 01' flowers within the area described f01 this easement, which would intexfere with the use of said easement, for the purposes stated herein., W AIER MAJN EASEMENT - 1 07800 0099 7gB'02 1 r j ~ ~ i i i L ~ J f f ~ l f ~ ! t , I r J t ~ J t r , F I. J- ~ it;: ~ ~ .,. e ~ f , I. .r t i f t y:= f i .. ~ T r } l i ; L t r t- i t ~~ ~ ,~ ! ! i I ! t L I ~t ~ 1 :; ~ ~ i ! I { .~ JI. \. THE GRANTORS hereby covenant and agree with the Grantee that should any part of the right-of-way and easement hereby granted shall become pmt 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 boundaIy thet'eof or which is a patt thereof; shall cease and become null and void and of no fw:ther 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 desclibed tract of land, and that they have a good and lawful right to convey said easement, and that they will watI'ant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said pwnes of the first part have hereunto SUbSCIibed then' signatw,es the day and yest first helein above written. GRANTOR: EAGLE..FAIRVIEW INVESTMENT COWANY, LLC a Nevada limited liability company By; ~ Wm. Lincoln SPOOI", Managing Member STATE OF NEVADA ) ) 85., County of Clark ) On this ~ Q9 day of M oJ't1h !J 2005, before me, the undersigned, a Notary Public in and for said State, personally appeared Wm. Lincoln Spoor, mown or identified to me to be the person whose name is SubSClibed to the within insf1ument as Managing Member of Eagle-Faitview Investment Company~ LLC, a Nevada limited liability company, and aclmowledged to me that such limited liability company executed the same IN WITNESS WHEREOF, I have heIeunto set my hand and affixed my official seal the day and year in this certificate first above Mitten. ...- flWMrM.e.___ 1M1I1IfIGN11IENf__ CBllfD1llD___ .f..~~ ..: + ..... r~ ~ W AIER IvrA1N EASEMENI .. 2 07800 0099798102 1 1 i I i ~ t ! : ~ ~ } l ~ i ~ i '1 J 1 ( J ~ ~ ~ ( i t I r 1 ! t .E t !: ... f I } ~ ;. j ~ reI r J I.:' f , J ! i ~ L i ~~ ( t- ! ~ ~ ~ I t lr i i . ~ L r r i J } i 1 i ! ~ i 1 I 1 ~ ~ ( C". CITY OF MERIDIAN Tammy de Weerrl, Mayor Attest by: William G. Berg, City Clelk ApPl'o-ved b,y City Council On: SlATE OF IDAHO ) ) SS.. County of Ada ) On this _ day of .. 2005~ befoxe me, the undersigned, a Notm:y Public in and for said state, personally appeared Tamm.y de Weeld and William G. Berg, Jr., knovvn to me to be the Mayor and City Clerk, respectively, of the City ofMelidian, Idaho, and who executed the within instrument, and acknowledged to me that the City of'Met:idian 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 I Notary Public for Idaho Residing at My commission expires WATER MAIN EASEMENT - 3 07800 OOQgr798102 1 ~ ~ i f f i J I r I r f ! ~ t E I: t' J i ~ I ~ .... ~ i ! 1 i t , ~ i t r i I ! i L l ; r r t" j 1 ~ ~ ~ i j i: ! ! b 1 . j J i , l I i i j i i ~ 1 [ t ! ~". ~J.U-BA / (. i.gineers Su~eyors Planners Project: ' Date: 10-04-125 January 18, 2005 PARCEL DESCRIPTION FOR A MERJDfAN PUBLIC WATERLINE EASEMENT . .. That-portion of Lot 3 and Lot 4, Block 1, of Kri~py Kreme Subdiyision'in Book 88 at page 10,167 w.ithin the 'Northeast % Qf Section 8, Township 3 North, Range 1 East, Boise Meridian, Meridian, Ada County~'ldaho, . more particularly qescribe~ as follow:s: . . · .. .. . I ~ ~ , . . .' Commencing'. at the Northeast corner of Secti.on 8;' thence along the Easterly boundary of said . . SE?ction 8., South 01' 0 08' 45" West, 515;..04 feet; thence North 88 0 51115-1 W~st, 313..79 feet to the 'POINT .OF . . .' . BEt~I~NrNG;' . thence. North 88 Q 53;2911 We'st, io'~oO feet; thence ~or~~ 01 006131 It East, 139906, feet; . r ... . , ~he'nce Sou~h 88 ~ ~3"29'~ East, 30. ~O fee~;' .. . .. .. . thence South 01 o06.31-U West, 20.00 feet; . (" " thence North 88053129" '!lest; 1 b~,50 feet; . oJ . ..... . ~ . . " ,~Jien<ce South 01' 0.06't31 I" ~W~st, 11.9 ~ 06. fe.et to the .'POINT OF BEG INNi'NG ~ .,.. . . : CQntai~ing ,0.0.6,9 ac~es, more or tess~ .. .... ENP OF DESCRIPTION.' p'repa'rec;f .by: . . J~'U-.B ENG IN EERS, I nc.. ' , .'~ona t~. M.. H'od.ge,' P. L.. 5 .' · '"I: .... . ( RMH/TLK: the . \ \Bois.efi les\Pu bl ic\Proj ectManagers\GAL ~ 1 0 ~04-125 - Red Robin -Mendi an \ 1 0-04-125- Survey\Descriptions\ 1 O~04-125~ H2oEa.sement. doc * KRtSPY KREME NBg-35;1S"W 148.62' 'b C! JU ~ N r- l"1 lo ~ p I~ 0 .z ~ ~~ 0 0 V> .B. N. NE CORt SEC. B ~ o ui lO a <(~ Qin ~ ~I o W 51 -.J(f) " <( w N8S.S3' 29"W 20.0Q' ------------------------~~ S8S.51'1S"W 313. 7911 v- 589-35 '15nE 228.12t ~ 2~ -0 50 SCALE: 1 Jt=50' R:EU!ltF nF Nt "'w.l~ CAD F~LE: ~ 0.04..']. 2SEA.2. nus DOCuMENT. AA D !liE iDEAS ~ 0 D E.S~S NCOftOOAA TED .....ERUi A!i; AN ~~STR u...... Eta C F PROF'ESSKWAl. SE.RVlCE.. LS TliE PRCPERTY CF. P RClI_ ~ 1 0-04~ 1250AA i ~~~~~E~=~~E~:;;~ORPART. PLOTS~ 1~ ~ AUTHOR~ T1CN OF J...u-u EHGlHEERS. R. ORAVitNG NO~ . 04 ~ 025 DRAWN BY~ Lt7N DESJGN aY~ GAL J~ 1[' .. f N ~I to N ;; in V Co p b11 ,60 ~ r- J.U.B } ~ RED ROBIN MERIDIAN ADA COUNTY IDAHO WATER LINE EASEMENT Enainoor's .. StJNOYOrS.. Pfan~ SHEET 1 OF -I March 25,2005 MERIDIAN CITY COUNCIL MEETING APPLICANT March 29,2005 ITEM NO. 5-E REQUEST Water Main Easement for Jade Plaza AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY AITORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SEITLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: See attached 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. RECEIV~D . MAr~ 2 4 2005 City Of Meridian City CIerI\: Office To: Mayor de Weerd & City Council From: Karie Glenn CC: File Date: 3/2312005 Re: Proposed Agenda Items for 3/29/05 City Council Meeting The Public Works Department respectfully requests that the follOwing items be placed on the 3/29105 City Council agenda, on the Consent Agenda, for Council's consideration: 1) Water Main Easement for Jade Plaza. Typical Water Main Easement. Recommended Council Action: Approve the Water Main Easement for Jade Plaza and authorize the Mayor to sign and City Clerk to attest~ Thank you for your consideration. . Page 1 tI WATER MAIN EASEMENT THIS INDENTURE, made this _ day of _, 20_betwee'&\1t\c\~ ~~ (Q). ) 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 ATTACHED EXHIBIT A and B) The easelnent hereby granted is for the purpose of construction and operation of a water line ~d 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~ ifs Sllccessors 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 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 interrere 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_ WTR (. \. 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 whomsoever4 IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. GRANTOR: \?o-r~ STATE OF IDAHO ) ) ss County of Ada ) On thisc2O<NA day of flHRtY...I( , 200s:Defore me, the undersigned, a Notary Public in and for said State, personally appeared e#~/~~~i> ):>HcR ~~-Sc)~ and lIz<f9I'JS Mb&t2soN , known or identified to me to be the PrsEident and , respectively, of the corporation that executed the within instrument~ and .. owledged to ill that such corporation executed the same. .i ..11 L:>. ~'7/r~t:J r/1/!7A.)C~ 'L117 / r~ l?f ....(-rA.t~~ IN WITNESS WHEREOF, I have hereunto set my hand and. affixed my official seal the day and. year fist above written. '" \' ,,-,U ".""'"'' ...,." ~ A. 01 W I 1"1 ..,..... o/~ .........!&o .,~ ~.. ~ ... -.. ~ '\ ~ r~-.". -\.01' AR.... \~ ': :~: ~ ': : . ..-"- : :; v: ~ .1\". ~ ~ ~~ .y:r .......... ,.~.:- ###,4"f rS Of \'Q ~", ~'# " .......1111" ~ NOT AR~~UBLIC F9R IDAHO Residing at /;1~ ~~-L) Commission Expires: ~ /1 / /'0 " .... (SEAL) 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, SS~ 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 Iny official seal the day and year first above written. (SEAL) NOTARY PUBLIC FOR IDAHO Residing at: Commission Expires: water Main Easement EASMT_ WTR (.... ( TEALEY'S LAND SURVEYING L1 2501 Bogus Basin Rd. · BoiseJ rdaho 83702 (208) .3B5~0636 Fax (208) 385-0696 Project No.: 2815 Date: March 91 2.005 EXHIBIT '~.A" :DE.S~CRlp.TIO~N OF .MERIDIAN' WATE:R. LINE. ...E,AS.E.'MENT :F'O.'R. . PR.QPOS.ED .J-A:D.E P'LAZ.A . . . .A. .p'arceH :of.l~ild. being a :pottibn ,of'Lots l' and..-2.:.0f .Blo:GK:..1 .of.SHvet$tone.-Camp:u5 .Subdivision: a?:oo. file in .Book: ~9 -of Plat~ 'at. P~g~s..1 O.2~?t~r6~g,h,":~.'O?'9~ .i.n ther'Office..of lh~e . R"f;'c6tder for Ada :C"(ilirity, .Idaho, said parcel 'pe.ih.g- ~ituat~o ~ih the,' .NV\f .1/4 of ::S:~ct.~.o.n' ..21:t T~'$.'N,~.,.. R'~ 1E~1 89M.,,- Meridian. Ada County,- Idaho. arid. . m6te..'pa"ttic:ularlY des'crib.ed as folloWs:. ...... .:... . .. . ... .:. ..... .. ..... ...... .' '. ....:......... BEGINNING' ..at a..n, .iron .pin marking the' Nbrthe~~f .c.otner'.of '.'s'$ld Lbt...2;. 'fhertce .alqn'g lh.~'.,'..E'a'st ,:l.in~ "9f",.~.~.ig J~~of2. . '. . ..: .. .. . .. .. .... .', . . . . '.' ..:s().uth....~obo1'311.6u West 23..0'0 feet to 'a point; fh~n.pe.......aJO"i'lg 'a'lipe":PSlr~Uer::~I.t.h..the ,N.o'rfh' :IJti:~. (~f'st.i'i~'.L.pt ~ ..... . " .. '. . . . . .... . : ..... .:... .. . ..... ... .'. ...:'. .... . . . '. '.' . 'N..o~rth..' ~89.o5~.~'q.on ...V\f.e.st..43~'OQ' feet to a po~~t;. .~IJ~n9~: .~"l9~~' a 'I,ioe' ,paraUel ~.i~h. sa.id Ea'st.:nii~:';l)f. L.ot? ~~d...:~.~.e. ~.ast I~he. of said Lbt'1.. . . ..:. .. . . '" .... /Nq.rttl'9:q~1.;3~1.6~.1. ..~~~t .7Q~..on'feetto a point;. t~~n~~.. . ..- ... ..... .:. . ': .' .'. . '. , . . . . .:' .' ..'f\J<irth: 890$8t5(,,-'. .West 7 ~OO feet to' a.. point; th.e.riq.~ C1~PD9.:":'a .line' ,'p-~raHe.l. wi,th. ~?)id ' .'S,(j"Oth<QQo1'.31.1:6.u West 66~66 feet to' the 'POINT. OF :BEGIN'NING;', . ... 2815-Water-Ease-desc~doc - dnm ~ '1 E~ OVERLAND RD~ PROPOSED : JADE PLAZA i B.UILDING LOT I .r + n · · · · . - ~. ~ . aG <0'-./ .: S 890.5.8..c50.u E I . ~7.~:.~ o. ,1 _ . L.OT 2 2S15-\~ater-Ea5e.dwg 03'-'09-05 09: .14;.28 dmarks EXHIBIT "B" W A.TERLtNE EXHIBfT FOR -lADE PLAZA PROJECT A PORTION OF LOTS I & 2 f BLOCK r, SIL VERST ONE CAMPUS SUBDIVfSION THE NW f/4t SECT. 2f. T.3N~~ R.IE~, B~M-, MERID1AN 1 ADA COUNTY, IDAHO I . I ' N >-- <( 13 w Q <:( -; ~ Jl lr (fJ I ~I" ~I .~ - Q'\. ~ o (T) I r . .S .8.9 0 4.6 144..n E I. 30~OOI o I .20 40 l ] SCALE IN FEET In = 40 1 80 I ~ P.O.fNT OF B.EGINNING .SE COR. .L.OT I ~ NE COR LOT 2 .~ D.EVELOp.ER/OWNER: THE SUNDANCE COMPANY 9100 w. BL.ACKEAGLE DR~ B.OISE 1 IDA~HO 83709 208-322-7300 -- "l ~. ~ JE: ( ( March 25,2005 MERIDIAN CITY COUNCIL MEETING APPLICANT March 29 I 2005 ITEM NO. 5-F REQUEST Emergency Management Joint Powers Agreement AGENCY COMMENTS CITY CLERK: See attached CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTH ER: Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meetings shall become property of the City of Meridian. (7U.:: (..'~.'....... EMERGENCY MANAGEMENT JOINT POWERS AGREEMENT TIllS JOINT POWERS AGREEI\ffiNT is entered into this 6th day of December, 2004 by and between Ada County, a body politic and corporate whose address is 200 W~ Front St., Boise, ill 83702 ("Ada County"); Ada County Highway District, a single county-wide highway district created plrrsuant to Idaho Code Section 40-1401 et seq~, whose address is 3775 Adams St., Garden City, ill 83714 ("ACHD"); City of Boise, a municipal corporation whose address is 150 N~ Capitol Blvd., Boise, ID 83702 ("Boise"); City of Eagle, a municipal corporation whose address is 31 0 E~ State St, Eagle, ill 83616 ("Eagle"); City of Garden City, a municipal corporation whose address is 6015 Glenwood, Garden City, ID 83714 ("Garden City"); City ofKuna, a municipal corporation whose address is 231 N. Kay Ave., Kuna, ill 83634 ("Kuna"); City of Meridian, a municipal corporation whose address is 33 E. Idaho, Meridian, ill 83642 ("Meridian"); and the City of Star, a municipal corporation whose address is 11525 Highway 44, Star, ill 83669 ("Star"). Ada County, ACHD, Boise, Eagle, Garden City, Kuna, Meridian, and Star may be collectively referred to herein as the "Participants. ,,, RECITALS: A. The Ada City-County Emergency Management ("ACCEM") program provides emergency and disaster mitigation, preparedness, response and recovery services to the Participants. B. The ACCEM program has been operated by the Community Planning Association of Southwest Idaho ("C01vlP ASS"), a nonprofit, unincorporated association comprised of cities and other governmental entities in southwest Idaho charged with preparing, overseeing and recommending planning and regulatory matters related to air quality, transportation, land use resources, water, operations and other similar region- wide issues. c. The parties desire to enter into this joint powers agreement to establish the terms and conditions by which Ada County will assume the responsibility for the administration and operation of the ACCEM program for and on behalf of the . Participants. NOW, THEREFORE, in consideration of the foregoing recitals, and other valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties covenant and agree as follows: 1. ACCEM Administration. Tile ACCEM program shall operate as a separate and independent department under the administration of Ada County and shall be governed by an executive council established pursuant to the terms and conditions of this joint powers agreement. ACCEM JOINT POWERS AGREEMENT -1- (" (~'"'.. 2. Executive Council. ACCEM shall be governed by an executive council comprised of one representative from the Ada County Highway District and from each of the cities of Eagle, Garden City, Kuna, Meridian, and Star and two representatives each from Boise and Ada County (the "Council")~ Such representative shall be the senior elected official of each Participant, including the mayor of each incorporated city, the chairperson of the Ada County Board of Commissioners and the President of the ACHD ~ The additional representative from Ada County shall be an Ada County Commissioner appointed by a resolution of the Ada County Board of County Commissioners. The additional representative from the Boise City shall be a Boise City Council person appointed by a resolution of the Boise City Councit The two additional representatives shall serve at the pleasure of the body that appointed such representative. Each representative may designate in writing one alternate to serve in his or her absence with the full authority to act on his or her behalf in all matters before the Council. The Emergency Management Director (as defined in Section 2~ 11) shall be an ex officio, non-voting representative on the Council and shall attend all meetings of the Council as the chief staff representative. The Emergency Management Director shall be responsib le for recording of the minutes of all proceedings in books to be kept for that purpose. The Emergency Management Director shall cause to be given notice of meetings of the Council in accordance with the Idaho Open Meetings Act and the rules and procedures established by the Council, whether special or regular, and shall fulfill such further duties as shall from time to time be prescribed by the Council. 2~ 1 Place of Meetings. Regular and special meetings of the Council shall be held at a time and place which the Council may, by a simple majority vote, order or direct All business which the Council is authorized and empowered to take up at such a meeting may be transacted without further or special notice. 2.2 Regular Meetings. Regular meetings of the Council shall be held quarterly or on such date and on such time as designated by a majority vote of the Council. 2~3 Special Meetings. Any two representatives may call special meetings of the Council at any time by serving notice upon the Chairperson of the Council. 2~4 Notice of Meetings. All regular and special meetings of the Council shall be called at least forty-eight (48) hours in advance of the proposed meeting except where such notice is waived by all representatives on the Councilor in cases of emergency. 2.5 Quorum. A quorum shall consist of a majority of all voting representatives of the Council~ Once a member of the Council is present or represented for any purpose at a meeting, he or she is deemed present for quorum purposes for the remainder of the meeting. ACCEM JOINT POWERS AGREEMENT -2- (r.. . (:~". 2~6 Officel.s. A Chairperson shall preside at all meetings of the Council. In the absence of a Chairperson a Vice Chairperson shall preside~ In the absence of a Vice Chairperson, the Council shall select a temporary Chairperson for the meeting. The Emergency Management Director shall provide for a recording secretary at all meetings of the Council. The Council shall have the power to select its Chairperson, Vice Chairperson and other officers from time to time in accordance with the governing rules and procedures established by the Council. 2. 7 Orde.- of Business. At all meetings of the Council the following order of business shall be observed, so far as is consistent and convenient with the purposes of the meeting: Calling the roll to determine those representatives present; Approval of minutes of previous meeting; Reports of officers; Reports of committees; Unfinished business; New business; Election of officers, when appropriate; and Miscellaneous business. 2~8 Voting. Each regular representative on the Council in attendance at a duly called Council meeting shall be entitled to one vote. Unless otherwise specifically indicated by this joint powers agreement, all matters before the Council shall be disposed of by a simple majority vote of all representatives of the Council present at such meeting, provided that a quorum has been established. 2.9 Robert's Rules of Order. The Council shall utilize the most recent edition of Robert's Rules of Order, Newly Revised;) in the conduct of all meetings, except as herein provided. 2..10 Officers. The Chairperson and Vice Chairperson of the Council shall be chosen by a majority vote of the Council's representatives and such officers shall retain their voting privileges while holding office~ The election of officers shall be held on the first meeting of the calendar year, and the officers then elected shall hold office until the next regular election of officers. 2.11 Emergency Management Director~ An Emergency Management ACCEM JOINT POWERS AGREEMENT -3- (. (..'.. Director (the "Director") shall be employed by Ada County: provided, however, that the Ada County Board Of County Commissioners shall consult with the Council regarding all employment decisions, including, but not limited to, hiring, termination, compensation, and discipline. Should the Director resign or be terminated, the Ada County Board Of County Commissioners shall appoint an interim Director to discharge all the duties and exercise all the powers of the Director until the selection of a permanent Director is made in consultation with the Council. 2.11 Removal of, Cbairperson, or Vice Chairperson. The affirmative vote of a majority of the Council representatives shall be required to remove the Chairperson or Vice Chairperson~ A removed officer who is a member of the Council shall continue on the Council and retain full voting privileges thereon. 2.12 ChairpeJ-son. The Chairperson shall be the chief executive officer of the Council ~ The Chairperson shall preside over all meetings of the Council, and shall see that all orders and resolutions of the Council are carried into effect, subject, however, to the right of the Council to delegate any specific powers or authority. 2.13 Vice Chairperson. The Vice Chairperson shall perform the duties and exercise the powers of the Chairperson in case of the Chairperson's illness, disability or temporary absence and shall perform such other duties as are granted or imposed by the Council. 2~ 14 Delegation of Powers to Otlle.. Officers. The Council may delegate any of the powers and duties appropriate to the functioning of the Council to any other officer, employee, or agent of the Council. 2. 15 Books and Records. Ada County shall maintain separate books and records for ACCEM which shall be available for inspection and review by the Council at any time during business hours. 2.16 Fiscal Year. The fiscal or business year of the Council shall begin on the flfst day of October and end on the last day of September. 2~ 17 Budget. By April 1 of each year, the Director shall present a preliminary budget to the Council for consideration and for subsequent incorporation into each Participant's budgeting process. A final budget will be presented annually to the Council for approval no later than the regular August meeting. 3. Powers. The Council shall have the .power and authority to perform all actions for which it has budget resources which are reasonably necessary to fulfill the responsibilities and obligations existing pursuant to Idaho Code Section 46-1009, including without limitation, the responsibility to mitigate, prepare for, respond to, and recover from disasters and emergencies by: ACCEM JOlNT POWERS AGREEMENT -4... ("~... ("~c-. . . County; 3 .1 Identifying hazards and risk that may affect residents of Ada 3 .2 Maintaining an inventory of specialized resources suell as supplies, equipment, facilities, and personnel; 3~3 Developing intergovernmental emergency response plans that address roles and responsibilities during emergencies and disasters; 3.4 Ensuring coordination and communication between government agencies, business and industry, and volunteer agencies; and 3.5 Providing public education and information on personal safety~ disaster preparedness and hazards in Ada County. These powers shall include, but shall not be limited to, the power to establish an emergency response plan, prepare budgets, authorize expenditures from ACCEM accounts, establish guidelines and make other recommendations related to disasters and emergencies, establish committees, obtain grants and perform all other functions reasonably necessary to respond to, and recover from disasters and emergencies. 4. Funding. Each Participant shall pay annual membership dues in accordance with the tenns contained herein to fund the ACCEM program~ Membership dues for Ada County and each respective city located within Ada County shall initially be equal to thirty-three cents ($ ~33) per resident ("Membership Dues"). Membership Dues shall be due and payable in installments on a quarterly basis. The initial, uniform per resident assessment identified in this section may be adjusted annually by the Council. For purposes of calculating Membership Dues, the number of residents located within Ada County and each respective city shall be detennined annually by the Council using the most current population estimates available to the Council. Residents of cities in Ada County shall be counted as residents of Ada County when determining the number of Ada County residents for dues purposes. Membership Dues payable by Ada County Highway District shall be fixed and shall be equal to $10,000.00 per year~ The costs and expenses incurred by Ada County to house, employ staff and operate the ACCEM program may be assessed against the ACCEM budget as any other business expense. 5. ACCEM Employees. Ada County shall employ all ACCEM staff members and shall be responsib Ie for the payment of all ACCEM staff wages, payroll taxes, fringe benefits and other costs customarily associated with Ada County employees. All ACCEM employees, including the Director shall be governed by Ada County personnel ordinances. 6. Withdrawal or Termination. Any Participant may withdraw from this joint powers agreement at any time by resolution duly adopted by the Participant and upon written notice to the Council; provided, however, no party shall be entitled to a refund of its Membership . Dues which have been paid~ In addition, a Participant shall be ACCEM JOINT POWERS AGREEMENT -5- ('" ... o(/~ f {:-: obligated to pay its Membership Dues for the upcoming fiscal year unless its notice to withdraw is provided earlier than forty-five (45) days prior to the beginning of a new fiscal year4 Upon such withdrawal, the withdrawing party shall no longer be entitled to be a member of the Council nor shall it be entitled to receive ACCEM's benefits or services~ In addition, the Council, upon the affirmative vote of two-thirds (2/3) of its representatives, · may terminate any party to this agreement for failure to pay its Membership Dues within thirty (30) days of written demand for such dues. 7. Amendment. This Agreement may be amended only by a writing signed and duly authorized by resolution of each Participant. 8. Counterparts~ This Agreement may be executed in any number of counterparts and once so executed by all parties thereto, each such counterpart shall be deemed to be an original instrument but all such counterparts together shall constitute but one agreement. 9. Recitals and Exbibits~ The recitals to this Agreement and any exhibit attached hereto are incorporated herein by this reference as if set forth in full herein. IN WITNESS WHEREOF, this Agreement is executed effective as of the day and year first above written. ADA COUNTY By: Dated: Chairman ADA COUNTY mGHW AY DISTRICT By: Dated: President CITY OF BOISE By: Dated: Mayor ACCEM JOINT POWERS AGREEMENT -6- CITY OF EAGLE By: Mayor CITY OF GARDEN CITY By: Mayor CITY OF KUNA By: Mayor Dated: Dated; Dated: I~. . i~ . . ~~~.:. ... .. #~fkd-.' ~~ CITY OF STAR By: ' ACCEM JOINT POWERS AGREEMENT Dated: ~7~ c (~._. ral:$v 1 V~ 1 Will Berg . -.r"",=", --.-.--. "'= ~.... - J--I-&-............... ~ -.-.-.-r.- "=':-..... ~ ~ -:-a-............... 'r"ft"'"..-...............:"""'"- ............-...- ~.o..:-........:-.-.-...................." ~ -. ~............... ~ ~...... r.:-..........-: ~ 'r'r." ~.,.... -r.-.-.r..... ""= .-.or- ~ . ... -: ~....... ~ ""=^........- --- ~....................... "'=-" -:- ~.' - ..... ~...........--.-.-.- """='^'=- ~ .-.-r ~............... ~ ~ . ....... ..... -.-.....-... ....... ~............... ~ "'I"'ro".-.- ~..'''' . _... -. ~ ~. .... -:-,-....,............... _............... ~ ~ ..................................-......... ~ -': +^................. -.-.- r ..-........... From: Doug Hardman [dhardman@adaweb.net] Sent: Tuesday, February 22, 2005 10:53 AM To: bergw@meridiancity .org Cc: deweerdt@meridiancity .org; birdk@meridiancity ,,0 rg Subject: Emergency Management Joint Powers Agreement Hi Will, Here is (attached) a copy of the Emergency Management Joint Powers Agreement that was adopted at the last Executive Council meeting on December 6th. Request this agreement be placed on an upcoming council agenda for approval La.. a resolution authorizing the Mayor to sign. Let me know the date and time and I will be happy to attend to answer any questions the council may have.. Please call me at 377 -6645 with questions. Thanks for your assistance on this. Doug Hardman Director ACCEM Ada City-County Emergency Management 7200 Barrister Drive Office: (208) 377 -6645 Fax: (208) 377-7319 Web: www..accem.org (~_..,. . . March 25, 2005 MERIDIAN CITY COUNCIL MEETING APPLICANT Irma Jean Phillips RZ 04-018 March 29,2005 ITEM NO. 5-G REQUEST Development Agreement - Request for a Rezone of .74 acres from L-O to C-C zones for Kinetico Quality Systems of the Treasure Valley - 544 West Cherry Lane 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: See attached Development Agreement (/ OTHER: I /' Contacted:. ~. M~Lfk1 Emailed: q 0 ~ Phone: ~'iS - 05 () I LJ1^-; Initials: ~ Materials presented at public meetings shall become property of the City of Meridian.. March 25,2005 MERIDIAN CITY COUNCil MEETING APPLICANT March 29, 2005 ITEM NO. 5-H REQUEST Change Order No.5 to extend the curb and gutter for Storey Park Phase II Constructior 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: I DAHO 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: Cc: From: Date: Re: ( . RECEIVED tAAR 1 6 2005 City of Meridian City CI erk Office Mayor de Weerd I City Council Will Berg March 15, 2005 Storey Park Phase II Construction Change Orders tA4~ The Park Staff is requesting approval of two change orders to be added to the consent agenda at your March 29, 2005 meeting. Supporting documentation is attached. 'f ChanQe Order #5 - Amount $.00 - (Attachment) This change order request is to extend the curb and gutter to the valley gutter on the north side of the project. The invoice total is $356.00J but after review by American Paving Company the decision was made to offer this portion of work at no increased cost to the City of Meridjan~ The cost to make this change is therefore $.00. Chanae Order #6 - Amount $1 r845.OO - (Attachment) This change order request is to widen and pave an asphalt path from parking lot to the east approximately 110 If. This work will require additional %" road mix and 2JJ asphalt paving, approximately 1 J230 sf, and will be completed for a total of $1845.00. The cost to make this change is therefore $1.845.00. TOTAL AMOUNT OF CHANGE ORDERS: $1 ,845.00 .... ~ lA~' ...~ - Q: "fI~ Date: f2 - ~? -() 5- RD. Box 395 · Meridian, 10 83680 Phone: (208) 888-7988 Fax: (208) 888-5020 TIME AND MATERIALS INVOICE ................... ~ ~" ~/ 4. J l.r \ 4~7O" t "4 ~ f f'.. ~ -I' ~ PHONE #: ~~ ~o FE) ft-- i'J_ 3;L'r07 4463 Hrs/Tons/Yds Unit Price Cost LABOR: "r~ C:.~... .... tJ. "./ o! I I . ~ - // .' . ~;'.'[///. .L'~~~. ~_~ . 'i" ,~. ,.t: .~. --:~i ..( --r "1" ~fJ. ~ ' .'. .... ,., ?~.>. ~ 60' t$ 1 ~U. - ;",0,>> i'~ "h) MATERIALS: , ~bU R~CE MAR' , 1 2005 TERMS CflT\{ OF M~lt 1/ .......... ... ~. . . --............... -..... . ~... - ~ ........-" l~ .,.- /1 .... (I . ._ ~__,. ../< '---------~-_.~_.-~~~/ .. ~ ( ~ .oS \~ o 1,11"/ ..+~ / .~ ~~- Representative (~. . \,.... . (r... Telephone: 888-7988 Fax: 888-5020 . P.o. Box 395, Meridian Idaho 83680 Idaho P.W~ #12145-AAA-2-4(43) Oregon CeB # 137240 March 9, 2005 .. ," . '-:.:, ~ I'.. . on '. /r-' -. ';. ~;:- '.~.: wF~-;'\ .I.--r~~.l -E.. . ~: .1~ . ~ . .. ~. .~ .. ... . :. . - ~ ~ . . J .... ~.. . ~ ~~. .. City of Meridian-Parks & Rec Attn: Elroy Huff 11 W Bower Street Meridian, Idaho 83642 MAR 1 1 2005 . . .-;... I;. ..: :. "': -,~' ~... . '. .. "~ ': ',:-'- '... < 'r ~';~: \ .~. i . ,:' _ ,:.'~ .;. _,' ~<. ~"~' ";,_;.- 1 J.. ..:~: " Re: Storey Park Upgrades Phase II AIIlcrican Pavll1g Co. Job # 1445 The following is a request for change order as per the enclosed T &M invoice #4463, to extend the curb & gutter to the valley gutter on the .o.orth side of the project. The invoice total is $356.00, but after review I have decided to offer this portion of work at no increased cost. Total request for change order ~~... H"'. U. u"'o 0.. .u....u~ ..H.... O.~ 0........ U..o.... .UU" ......... .....NO COST Feel free to contact our office if you have any questions or concerns. " g Co. Terry Lutz Vice President TL/tk 1445-rco-t&m no cost ( March 25,2005 MERIDIAN CITY COUNCIL MEETING APPLICANT March 29,2005 ITEM N09 5-1 REQUEST Change Order No.6 to widen and pave for Storey Park Phase II Construction 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 DEFT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTH ER: '" See attached Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meetings shall become property of the City of Meridian.. To: Cc: From: Date: Re: (",0. (. z RECEIVED MAR 1 6 2005 City of Meridian City Clerk Office Mayor de Weerd I City Council Will Berg March 15, 2005 Storey Park Phase II Construction Change Orders The Park Staff is requesting approval of two change orders to be added to the consent agenda at your March 29, 2005 meeting. Supporting documentation is attached. Chanae Order #5 - Amount $.00 - (Attachment) This change order request is to extend the curb and gutter to the valley gutter on the north side of the project. The invoice total is $356.00, but after review by American Paving Company the decision was made to offer this portion of work at no increased cost to the City of Meridian. The cost to make this change is therefore $.00. t ChanQe Order #6 - Amount $1 1845.00 - (Attachment) This change order request is to widen and pave an asphalt path from parking lot to the east approximately 11 0 If. This work will require additional %" road mix and 2U asphalt pavjng~ approximately 1,230 s( and will be completed for a total of $1845.00. The cost to make this change is therefore $1.845.00. TOTAL AMOUNT OF CHANGE ORDERS: $1 1845.00 ~~lr ~~~ Cj (:~-":.~ ....~ r.... t.... ...: Date: ~ - ~~-.'05~ RD. Box 395 · Meridian, 10 83680 Phone: (208) 888-7988 Fax: (208) 888-5020 TIME AND MATERIALS INVOICE . , ..--.. ........ , or ~... \ ." 1./ \ j -L:; r-J ~ ., .., · 1'... I -. .Jr PHONE #: (l:) ff-. f" ~J ~ ~~~(Ol 4463 Hrs/Tons/Yds Unit Price Cost LABOR: fu {VI~' y\ / ~~ '. '0 ......... t ,. .,J# ~ 60 · 1$ J ZU. - .../ I \ 'oj' ~0U ~ MAR \ 1 2005 Representative L/ (_~ - TERMS " ~...... _._.........r __ . ..... .. ~ ,.~-~ /,/.... -} . ~' I I t ( "-~.. .."/< ~_~_.____...~ _.h--' ._;~ f .. {\ (' \LJ\~' \j ~; \) /~"' ~ -1 I ._- /~... (: Telephone: 888~ 7988 Fax: 888-5020 P.o. Box 395J Meridian Idaho 83680 Idaho P.W. #12145-AAA-2-4(43) Oregon CCB # 137240 March 9, 2005 l.f.) 1~ /C=': ~~:E~..~ ~:r-':\\).'-~.C~-'~ ~~i' . , ~": ""j ~ : "" ~ " City of Meridian-Parks & Rec Attn: Elroy Huff 11 W Bower Street Meridian, Idaho 83642 MAR 1 1 2005 . ... ~" ... "~ ~.. I ""( ... " : !~:. ,k' 1 ~ ...:1' . ...:. . ; "I .., ":"'"-"'W . "I' : .. . :r.... r:. . I. . :-.. :-. ..: .: . i .y. /1 ,.,..~.. l'I ~ ..~j .~:L_L~.:~.} ~:._~~'.Lr .'.~~ Re: Storey Park Upgrades Phase II American Paving Co. Job # 1445 The following is a request for change order to widen and pave asphalt path from parking lot to the east approximately 110 If.. This work will require additional %" road mix and 2" asphalt paving, approx 1,230 sf, and will be completed at tIle unit price of $1..50 per sf: for a total of $1,845..00. Total request for change order (add) .......................u.... ......................................u........................ $1 ,845.00 Payment to be made at the unit price provided for actual quantities required. Feel free to contact our office should you have any questions or concerns. Sincerely, American Paving Co. Terry Lutz Vice President TL/tk 1445-rco-add ac path March 25,2005 MERIDIAN CITY COUNCIL MEETING APPLICANT March 29,2005 ITEM NO~ 5-J REQUEST Assessment Agreement for Boondocks Fun Center at 1385 South Blue Marlin 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. 'ill ,,> < n .~i ~ .7r;, If v-,; /-v" ~l{4 -nj f!-{ ~r4 ~ : ~~ 1 J1f: .. JL:J U JL. \\1 ...h _..,4 '{."......,/ -~ · .H .&::; ~ up1 h P 1 c ~OO~ ;i~~ f~.1 ~ .~~ ~ tJ L J To: Mayor de Weerd & City Council From: Karie Glenn (.~itv Of IVieridiill1 '-.J i,.I' ~~ City ClerIc Oil1ce cc: File Date: 3/16/2005 Re: Proposed Agenda Items for 3/29/05 City Council Meeting The Public Works Department respectfully requests that the following items be placed on the 3/29/05 City Council agenda, on the Consent Agenda, for Council's consideration: 1) Assessment Agreement for Boondocks Fun Center at 1385 S Blue Marlin. Typical Assessment Agreement. Recommended Council Action: Approve the Assessment Agreement for Boondocks Fun Center at 1385 S Blue Marlin and authorize the Mayor to sign and City Clerk to attest. Thank you for your consideration. . Page 1 ( ~~.... :. {. . t:~...:... . WATER AND SANITARY SEWER ASSESSMENT AGREE1\.1ENT FOR ALTERATION OF EXISTING BUSINESS 1385 S BLUEMARLn~ LOT 5, BLOCK 11, INTERSTP~TE CE1-ITER This Agreement made and entered into this _ Day of ~ 20 ----.:J by and between the CITY OF JvffiRIDIAN, a municipal cOlporation of the State of Idaho, hereafter referred to as CITY, and SELECT DEVELOP1\.1ENT / BOONDOCKS, hereafter referred to as APPLICANT, their heirs, successors~ assigns and personal representative. WITNESSETH: WHEREAS, The following assessments are existing and calculated by the City based upon information supplied to the City by the Applicant and! or historical information on record for a similar facility and! or tho se established in the City's Ordinances for the existing and propo sed type of facility. Sewer (ERU) Sewer (ERU) Existing Proposed 21.5 Water (ERU) Water (ERU) Existing Proposed 21.5 * (ERU) Equivalent Residential Units NOW, THEREFORE, IT IS HEREBY AGREED AS FOLLOWS: That both parties of this agreement acknowledge that these assessments were determined from the above information? and not actual metered flows, and that the assessments for the proposed facility will be re-evaluated after a period of 12 months of final approval of this agreement to determine if adjustm.ents are warranted. The City shall refund any oveIpayment of assessments resulting from the re-evaluation, or the Applicant shall ~ be responsible for payment of any shortage resulting from the re- evaluation. 1385BLUM-31505 SELECT DEVELOPlYffiNT / BOONDOCKS ASSESSMENT AGREEl\ffiNT Page 2 SELECT DEVELOPivffiNT / BOONDOCKS Von Humphreys, Gen ral Manager STATE OF IDAHO, ) : SSA County of Ada, ) On this 15 Day of ~ ~ ~ ~ 2c(1S before me, the undersigned, a Notary Public in and for the State of Idaho, personally appeared, V on Humphreys, known or identified to me (or proved to me on the oath of ), to be the General Manager SELECT DEVELOPMENT / BOONDOCKS and who subscribed their names to the within instrument and acknowledged to me that they executed the same for said SELECT DEVELOPivffiNT I BOONDOCKS. m WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. __a.II_-e .- GLJiJ.. .~. ~;.-__..._~:Af::!.. . .... v .; ~ '110 ,.. ~"... ... SEAL...~~"O; ~All.F"~\ ... e~J~ \ . :~ \ . II , , · . I 1 . . . I . , , ~ \ ,1 0: My Commission Expires . ", ~~" ~.. SELEC!~~. ~Nr / BOONDOCKS ASSESS .A~ltEE~NT Page 2 1385BL l.ThA: -3] 505 ( CITY OF MERIDIAN Tammy de W eerd~ Mayor William G~ Berg, Jr., City Clerk Approved by Council on: STATE OF IDAHO, ) : ss. County of Ada, ) On this _ Day of , 20 ~ before me, the undersigned, a Notary Public in and for the State of Idaho; personally appeared Tammy de Weerd and William G~ Berg, Jr., lrnown to me to be the Mayor and City Clerk of the City of Meridian, Idaho and who subscribed their names to the within instnnnent 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 1385BLUM-31505 ( (' ". z~ . .. . . March 25,2005 MERIDIAN CITY COUNCIL MEETING APPLICANT March 29,2005 ITEM NO. S-L REQUEST Overland Road Water and Sewer Design with Civil Survey in Conjunction with ACHD AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUilDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTH ER: See attached / Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meetings shall become property of the City of Meridian. t:~" """ (. ..... \.. N ,~~ Ji: i~-'i l~~'~i ~ij- .t~~ 1r 7r, 1T~, x,"~ S/ (~ -fl1 Y. J ~ Ii;. L \ I L~f ' i{ ,::. ~ .-.. < .~I.~.d JL t;J" JL~! .JL~l: p,/t, i5 P 1 r. i?~~l~ i ~JnH: t 0 LULJ t" "f .. t .......)., ;{.... " ~~~. y Uf I\'lQJ~idian €)lty Clerl[ 0i11P:: " "~""i(." "",.:.0((.0 To: William Berg, Jr. From: Lenard Grady CC: Brad Watson Date: 3/17/2005 Re: Proposed Agenda Items for March 22, 2005 City Council Meeting The Public Works Department respectfully requests the following item(s) be placed on the March 22 City Council consent agenda: Easements for Construction of the Victory/Meridian Road Waterline with Evans: Attached is an easement with Richards Evans for temporary and permanent easements for the Victory Road Waterline. Recommended Council Action: The Public Works Department recommends that City Council approves the Waterline Easement with Richard Evans and authorize the Mayor to sign it. ~ Overland Road Water and Sewer Desiqn with Civil SUlVev In Coniunction with ACHD: Attached is a contract with Civil Survey for design of water and sewer as part of the ACHD project. The contract amount is not to exceed $13,150~ Recommended Council Action: The Public Works Department recommends that City Council approve the Agreement with Civil Survey for water and sewer design on Overland Road in conjunction with ACHD for $13,150.00 and authorize the Mayor to sign it. FlushinQ Stations Construction - Star Construction: One bid was received for this project as summarized in the attached schedule. Star construction has successfully completed several of these types of projects. Once complete, the From the desk of. ~ . Lenard Grady Staff Engineer Meridian Public Works Department 660 E. Watertower, Suite 200 Meridian" Idaho 83642 . Page 1 (208) 898-5500 Fa;(: (208) 898-9551 gradyl@meridiancityoorg Water Department will be better able to flush the distribution system improving water quality~ Contract amount was $84,464.00 Recommended Council Action: The Public Works Department recommends that City Council approve the Contract with Star Construction for construction of waterline flushing stations for5 $84,464.00 and allow 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 Glenll K. Bennett:t I) r L. S ~ Pres j dCllt Civil Survey ConSllltants, Inc. 100 South Adkins Way Suite 101 Meridian, Idaho 83642 (208)888-4312 Fax 888..0323 Till10t]lY A. 8 II rgess~ P .E. Vice Pres i dell t March 7, 2005 Len Grady City of Meridian 660 E. Watertower Lane Suite 200 Meridiwl,ID 83642 Re: Overland Road (Topaz to Cloverdale) - Water aIld Sewer Inlprovelnents In ConjUl1ctioll Witll ACI-ID Project. Dear Lell: The followin.g is a detailed scope of services to provide professiol1al services for desigIl of water al1d sewer improvements to be constrllcted in conjtffiction with roadway improvements on Overland Road -between Topaz A veUlle and Cloverdale Road (A CHD Proj ect No. 504002). TIle professional services reqlured are to prepare plans, bid sclledule, special.provisions and cost estimate to constrllct potable water and sa11itary sewer ill1provelnelTts ill Overland Road from Topaz Avenue east to tIle Meridim1 city lilnits as part of ACI-ID's roadway reconstrllctiol1 project T:he aI1tici:pated design elelnellts illclllde tIle followil1g: A. WATER SYSTEM IMPROVEMENTS 1. Provide service to approxiluately :five parcels at desig-nated locations. 2. Install approxilnately 1350 LF of new 12"0 Inaill in Overland Road. B. SANITARY SEVVER IMPROVEMENTS 1. Provide service to approxiluately five parcels at desigllated locations. 2. Illstall approxill1ately 1350 LF of new 8"0 main III Overland Road. We will send a letter to each property owner Witll ground adjacent to tile project that is not clUTelltly served by city services. The letter will advise tllem of tIle project, advise tllem tIle City will install a service sttlb to their pro.peTty at tlleir request, al1d advise thelTI of tile estimated costs tllat will be charged to them tlpOn connectio,n to the stlib. TIle letter vvill also olltline allY permaJ.lent and temporary easenlellt requirel11ellts to coo.strllct tIle proposed il11provenlents and vviII inclu-de a salnple easement fann. A copy of tIle letter will be sellt to YOtl for ap:proval of tIle COlltellt ffild wording prior to being isslled. The City will provide 11S witll a InailiIlg list for all pro.perty OWllers vvitllin tIle project liluits. Grady MarcIl 7, 2005 Page 2 of2 (" . ... f:. . \.. .... We "viII COlltact property OWllers witll all existing strllCUlre alld 0 btail1 tIle information necessary to desigll tIle sewer mail1 to service t11eir .existing strllcture. Agai11, ",,-e will olltline any permanent and temporary easement requirelnel1ts to constrllct the proposed ilnprovemellts and will inclllde a sample easement fOflll. We will assume tllat tllis project is for tIle bel1efit oftlle property Ovvner and as stIell the necessary easements will be grmlted for no cost. We willllse easelnents granted to ACHD to tIle extent possible for tile utility .worl(~ If a property OWl1er reqllests paYll1ellt for an easemel1t we will forward t11at reqllest to tIle City for approval. Sllould a property OWller refuse to graIlt allY easernellt we will design tile service to elld one foot s110rt of tIle rigllt-of-way lille so that tIle service does 110t extend outside the roadway prislll. Pl811S will be prepared once tIle City l1as provided OllI office wit11 electrol1ic files of tIle final desigl1 sllblnittal to ACHD. We reqllest tIle City obtain permissioll frOlTI ACHD to use tIle electronic files for utility design purposes~ We also suggest that tile City asl( ACIID to illclude lttility service extellsiollS i11 IDlY easements obtailled by ACI-ID for tIle project. We will Sllbmit tile plans to ACHD illld DEQ for review and alJproval prior to constrllctioll~ We ,will also Inail a copy of tile cOlupleted plall slleets to each pr01Jerty QWller affe~ted by the slleet, along wit11 any reqllirecl easell1ent forms for executiol1~ vV e will provide tIle cOlupleted and recorded easement forms to tIle City prior to COl1strllctioll alo11g with a writtell1istillg of allY property owners that reftlSed to grant an easement ShOl.lld a property o\vner refuse to grant all easemellt the service will end OIle foot sllort of tIle property line and a note placed all t11e plans restrictillg tIle contractors operatio!1 to ptlblic right-of-way only. It will be the City's responsibility to negotiate and execllte the J Oil1t Effort Agreement for constluctioll with ACHD. We propose to provide 40-scale plans on 22"x34" slleets to luatcll ACHD's plans~ We antici:pate tllat tile plan set will illclllde a cover slleet~ gel1eral.note slleet, 2}Jlan alld profile slleets, alld two city statldard detail slleets. The total set is allticipatecl to inclllde 6 sheets. We prolJose to provide the Design Services as olltlined above 011 a til11e al1d materials basis witll a 110t to exceed anlolmt of $13,150.00 vvitllOllt prior approval of tIle City of Meridian. We have enclosed. a copy of our man-hollr and fee estimates for your reference. COllstrllction services are not inclllded llnder this scope of services. Sincerely, CIVIL SURVEY CONSULTANTS, INC. ~ ~ Tim Burgess, P.E. ( ( '...... ~IVIL SURVEY CONSULTANTS, 11 ~ ~. AGREEMENT FOR PROFESSIONAL SERVICES Project No. THIS AGREEMENT between THE CITY OF MERlDIAN, hereinafter referred to as the nCLIENT" and CIVIL SURVEY CONSULTANTS) INC., an Idaho Corporation, hereinafter referred to as ucs~n is made and entered into this _day of , 2005~ The CLIENT and CSC in consideration of their mutual covenants herein agree as set forth below. The Client intends to construct new water and sewer system iIilprovelnents in conjunction with the Ada County Highway DistrictJs project to reconstruct Overland .Road (Topaz Avenue to Cloverdale Road), ACHD Project No. 504002, hereinafter re'ferred to as the PROJECT. CLIENT INFORlvIA TION AND RESPONSIBILITIES The CLIENT will provide to CSC a fun and complete description of the PROJECT including; all design criteria~ information as to CLIENTfs requirelnents for the PROJECT, design objectives and constraints, capacity and. performance requirements, flexibility and expandability needs, any budgetary limitations, and copies of all design and construction standards which CLIENT will require to be incorporated in the Drawings and Specifications. The CLIENT wilt also provide to CSC all associated project information including data prepared. by others; soil borings, probings and subsurface explorations; hydrographic surveys; laboratory tests and inspection reports of samples, materials and equipluent; studies and interpretations of all environmental assess"m,ent and hnpact statements; surveys of record.; property descriptions; zoning, deed and other land use restrictions; title reports; other special data or consultations as may be available; all of which C8C may use and rely upon in perfo-nning services under this Agree.ment. The CLIENT will obtain penniss.ion for CSC to enter upon public and private property as required. for CSC to perform services under this Agreement. SERVICES TO BE .PERFORMED BY CSC CSC will provide services as outlined in the attached letter dated March 7, 2005. BASIS O.F FEE AND .BILLING SC.HEDU.LE The Client will pay CSC for services provided under this Agreement per the attached letter dated March 5, 2005. Notice to Proceed, either verbal or written, shall constitute acceptance of this Agreelnent by the CLIENT. THE TERMS AND CONDITIONS ARE PART OF THIS AGREEMENT. THE CLIENT AGREES TO SAID TERMS AND CONDITIONS. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above writtell. City of Meridian 33 E. Idal10 Avenue 1Vleridian, Idaho 83642 Civil Survey Consultants, Inc. 100 South Adkins Way, Suite 101 lvIeridian, Ida .) 42 BY: NAME: TIT.LE: ATTEST BY: NAM.E: TITLE: APPROVED BY CITY CQUNC.IL: BY: Tinlothy A. Burgess, Vice President wo 10f4 3/7/2005 CIVIL SU.RVEY CONSULTANTS, INC. TER1vfS AND CONDITIONS GENERAL - CSC shall provide for CLIENT professional engineering and/or land surveying services for the Project described in this Agreement. These services will be performed in accordance with generally accepted profess.ional practices for the intended use of the proj eel. CSC makes no other warranty either expressed or iInp lied. CSC shall not be responsible for acts or oluissions of any party involved in the Project other than their own. CSC shall not be responsible for failure of any contractor or subcontractor to construct any item in accordance with recom.rnendations issued by CSC. CSC has not been retained to supervise, direct or have control over Contractor1s work. CSC specifically does not have authority over or responsibility for the means, methods, teclmiques, sequences or procedures of construction selected by Contractor(s), for safety precautions and progralTIS incident to the ,"vork of Contractor(s) or for any failure of Contractor(s) to COlllp.Iy with laws, rules, regulations, ordinances, codes or orders applicable to Contractor(s) furnishing and performing their wOl~lc Accordingly, CSC can neither guarantee the performance of the constructio~ contracts by Contractor(s) nor assume responsibility for Contractor(s) failure to furnish and perform their work in ~ccordance with the Conh.act Docu"ments. The CLIENT understands and agrees that subsurface and soils characteristics nlay vary greatly ben.veen successive test points and sample intervals. CSC wiH coordinate this work in accordance with generally accepted practice of the professional services being provided and makes no other ,"varranties expressed or implied or as to the professional ad.vice furnished by professionals providing so i Is testing or geotechn"ical ad.vice. Resetting of survey and/or construction stakes shal.l constitute extra work and shall be paid for on a time and Inaterial basis in addition to any other paYlnent provided in this Agreelnent. OPINIONS OF COST - CSC lnay be asked to provide opinions of construction or PROJECT costs as part of the professional services under this Agreelnent. The CLIENT understands and. agrees that CSC has no control over the cost of labor, "materials, equipment or services furnished. by others, or over the Contractor(s)' methods of determining prices, or over cOlupetitive bidding or nlarket conditions. The CLIENT understands that CSC op"inions of cost are based on CSC experience and represents .cscts judglnent based on that experience, but CSC does not guarantee or warranty that either quotes, bids or estilnates prepared by contractors, subcontractors or other will not deviate 'fi-oIn opinions prepared by CSC. The CLIENT agrees to employ an independent cost estilnator if the CLIENT desires additional assurance, warranty or guarantee of .PROJECT CQstSt Should the CLIENT request that CSC 111od.ify any PROJECT aspect to reduce constTuction costs, then those services shall be considered additional and beyond the scope of this Agreelnent unless specifically stated otherwise in th.is Agreement. REUSE OF DOCUMENTS - CSC sbaH retain an ownership interest of all professional products prepared by ese. The CLIENT agrees that no product will be reused. without specific written permission of ese. The CLIENT agrees to inde.mnify and hold' CSC hannless from any claitns, damages, losses and expenses arising frOlTI unauthorized reuse of all work products prepared by CSC for the PROJECT. . GOVERNING LAW - Unless otherwise provided in an addendulTI, the law of the State of Idaho will govern the validity of this Agreeme~t, its interpretation and performance, and reIned ies for contract breach or any other cJ ai ms related to this AgreeJnent. SUCCESSORS AND ASSIGNS - CLIENT and CSC each is hereby bound and the paliners, successors, executors, adJninistrators and legal representatives of C"LlENT and CSC are J ikewise bound to the other party to this Agreement, in respect of all covenants, agreements and obligations of this Agreelnent. Nothing under this Agreelnent shall be construed to give any rights or benefits in this Agreelnent to anyone other than C"LIENT and ese, and all duties and responsibilities undertaken pursuant to this Agreelnent will be for the sole and exclusive benefit of CLIENT and CSC and not for the benefit of any other party. TIMES OF PAYMENTS - CSC shaH subn1it l110nthly statelnents for services rendered and for ReiInbursable Expenses incurred. CLIENT sha[ I Blake prOlnpt lTIonth ly paynlents. If CLIENT fails to 111ake any payment due CSC for services and expenses within thirty (30) days after receipt of CSCfs staten1ent therefor, the anlounts due CSC will be increased at the rate of wo 20f4 3/7/2005 ~ ( 1.5% per lllonth frolll said tenth d,-..., and in addition, CSC ll1ay, after giving ten d-~,j J vvritten notice to CLIENT, suspend services under this Agreelnent until CSC has been paid in full all anlollnts due for services, expenses and charges. TER1v1INA TION - The obligation to provide further services under this Agreelnent may be terminated by either party upon th-irty days' '\vritten notice. Such ternlination shall be 'based upon substantial lack of perfonnance by the other party under the' terms and conditions of this Agreelnent when said su bstantiallack of perfonnance is through no fau It of the terlninating party. If this Agreelnent is tenninated by either party:! CSC shaH be paid for services rendered and for reilnbursable expenses incurred to the date of such tennination. ' HAZARDOUS WASTE AND ASBESTOS - The CLIENT and CSC agree that the work covered Ln this Agreement does not anticipate either the presence or remediation of hazardous waste and/or asbestos. Hazardous materials may exist where there is not reason to believe they ShOll ld be present. CSC and the CLIENT agree that the discovery of unanticipated hazardous materials constitutes a changed cond-ition mandating a renegotiation of the scope of work or termination of services. CSC and the CLIENT also agree that the d-iscovery of unanticipated hazardous [naterials may make it necessary for CSC to take iInlnediate 111easures to protect hunlan health and safety, and/or the environInent. CSC agrees to notify the CLlENT as soon as practically poss'ib le shou.ld unanticipated hazardous lTIaterials or suspected hazardous 'materials be encountered. The CL1ENT encourages CSC to take any and all Ineasures that in ese's professional opinion are justified to preserve and protect the health and safety of ese's personnel and the public, and/or the environment," and the CLIENT agrees to compensate CSC for the additional cost of such work. In addition) the CLIENT waives any clailTI against ese, and agrees to indelnnify, defend and hold CSC hannless ft+OlTI any clailn or liability for injury or loss ariS"ing frOITI ese's encountering unanticipated hazardous tnaterials or suspected hazardous Inaterials. The CLIENT also agrees to cOlnpensate CSC for any thne spent and expenses incurred by CSC in defense of any such claim) with such compensation to be based upon CSCts prevailing fee schedule and expense reimburselnent policy. DISPUTE RESOLUTION - All claiIns, disputes or controversies arising out o~ or -in relation to the interpretation, application or enforcelnent of this Agreelnent shall be decided through non-binding lnediation or other mutually agreed alternative dispute resolution technique. The CLIENT and CSC agree non-binding Itlediation or other mutually acceptable alternative dispute resolution technique shal t precede I itigation or recourse to other judicia_I fOrUlTIs. RECOVERY OF DISPUTE RESOLUTION COSTS - In the event that legal action is brought by either party against the other, the prevailing party shall be reimbursed by the other for the prevailing party's legal costs, in addition to whatever other judgments or settlelnent stuns, if any, may be due. Sucb legal costs shall include, but not be li1nited to} reasonable attorney's fees, CQUli costs, expert witness fees and other dOCLllnented expenses, as well as the value of ti-me spent by the prevailing party and those in his or her elup.loy in researching the issues in questions, discussing nlatters with attorneys and others, preparing for depositions, respond ing to interrogatories, and so on. The value of tiIne spent and the expenses jncurred shall, on ese's part, be computed based upon ese's prevailing fee schedule and expense reimburSelTlent po licy relative to the recovery of direct project costs. EXT-ENT OF AGREEMENT - This Agreement represents the entire and integrated agreelnent between the C.LtENT and CSC and supersedes all prior negotiations, representations or agree'ments, written or oral. The Agreen1ent ll1ay be amended only by written instrunlent signed by both CLIENT and CSC. wo 30f4 3/7/2005 Glelll1 I(r Benl1ett, P. L.S ~ Pres j del1t TiJl10tllY A. B lLrgess, P 4E. Vi ce Pres idellt Labor: (.,....... . (r.... Civil Sllfvey ConSlllt811ts, Inc. 1 00 SOlltll Adl<ins Way Suite 101 Meridiall, IdallO 83642 (208)888~4312 Fax 888-0323 CIVIL SURVEY CONSULTANTS PREVAILING FEE SCHEDULE EFFECTIVE OCTOBER 1, 2004 Project lvI811ager - $ 1 00 . 00 per 110lIT C11ief of Sllrveys - $ 100.00 per 110llr Project Engil1eer - $ 85.00 per 11olu. Desigl1 El1gil1eer 1 - $ 7 5 .00 per 110llT Design El1gilleer 2 - $ 70.00 per 110lU. DesigI11'Sllfvey Teclmician 1 - $ 65.00 per 110lU4 DesignlSllrvey Teclmician 2 - $ 60.00 per hOlU" Direct Expellses: wo GPS Vehicle 2- Wllee.l Drive Vellicle 4- Wlleel Drive Olltside Printil1g Long DistaJ.1ce T elepholle S llb-COllsul tants - $ 40.00 IJer hOllY $ No Cllarge - $ No Charge - $ Cost - $ Cost - $ Cost 40f4 3/7/2005 March 25,2005 MERIDIAN CITY COUNCIL MEETING APPLICANT March 29,2005 ITEM NO~ 5-K REQUEST Easement for Construction of the Victory I Meridian Road Waterline with Evans 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: SAN IT ARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: See aHached Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meeHngs shall become property of the City of Meridian. (- t: (.. :. .^H .. ~. '\ ~. ~ .~ J . . -;."-t .. .. r~ ..;.: .. -.;. }>~ ; . . ... . :-. -:: : ;,I .1~;./ .;. ~ . . . '~. ..~... j'~/:.:' ....{~\... ~. ..: ! ;.::..:~ ( . , .... . .. ~ ~; ~Dn~J ~~'''U~) ~.;. ~ {<:;:.i~('.:~.; ~{:~:~ ~...~ To: William Berg, Jr. From: Lenard Grady CC: Brad Watson Date: 3/17/2005 Re: Proposed Agenda Items for March 22, 2005 City Council Meeting ~ The Public Works Department respectfully requests the following item(s) be placed on the March 22 City Council consent agenda: Easements for Construction of the Victorv/Meridian Road Waterline with Evans: Attached is an easement with Richards Evans for temporary and permanent easements for the Victory Road Waterline. Recommended Council Action: The Public Works Department recommends that City Council approves the Waterline Easement with Richard Evans and authorize the Mayor to sign it. Overland Road Water and Sewer Desiqn with Civil Survey In Coniunction with ACHD: Attached is a contract with Civil Survey for design of water and sewer as part of the ACHD project. The contract amount is not to exceed $13~ 150. Recommended Council Action: The Public Works Department recommends that City Council approve the Agreement with Civil Survey for water and sewer design on Overland Road in conjunction with ACHD for $13, 150.00 and authorize the Mayor to sign it. Flushinq Stations Construction - Star Construction: One bid was received for this project as summarized in the attached schedule. Star construction has successfully completed several of these types of projects. Once complete, the From the desk OfL . . Lenard Grady Staff Engineer Meridian Public Works Department 660 E. Watertower, Suite 200 Meridian, Idaho 83642 . page 1 (208) 898-5500 Fax: (208) 898-9551 gradyl@meridiancity.org (..... Water Department will be better able to flush the distribution system improving water quality. Contract amount was $84,464~OO Recommended Council Action: The Public Works Department recommends that City Council approve the Contract with Star Construction for construction of waterline flushing stations forS $84,464.00 and allow 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 c::: . WATERLINE & TEMPORARY CONSTRUCTION EASEMENTS THIS INDENTURE, made this :2 day of M~c4 ' 2005, between Richard Evans; the party of the first partJ and hereinafter called the GRANTOR, and the City of Meridian, Ada County, Idaho, the party of the second part, and hereinafter called the GRANTEE. WITNESSETH: WHEREAS, the Grantee desires to extend a public waterline across the premises and property hereinafter particularly bounded and described; and WHEREAS, the waterline is to be provided for through an underground pipeline to be constructed by the Grantee; and WHEREAS, it will be necessary to maintain and service said waterline from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantor, and other good and valuable consideration, the Grantor does hereby give, grant and convey unto the Grantee the right-at-way for the permanent waterLine easement and temporary construction easement for the construction, operation and maintenance of a waterline over and across the foLlowing described property: SEE ATTACHED EXHIBITS itA" and "8" THE PERMAN ENT EASEMENT hereby granted is for the purpose of construction and operation of a waterline and alUed facilities, together with maintenance, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. This grant is made on the following terms: TO HAVE AND TO HOLD, the said permanent ease~ent and right..of-way unto the said Grantee, ifs successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that the Grantee, in constructing and in making future repairs, will expediently replace and restore the premises to a condition comparable to that existent prior to undertaking such construction, repairs and replacement (incLuding ornamental shrubs, ground cover and other decorative landscaping)~ However, the Grantee will not be responsible for repairing, replacing or restoring any permanent structures or large trees placed within the area deSCribed in this easement. The Grantee also agrees to the foLLowlng: WATERLINE EASEMENT Page 1 of 4 t:- .. \.,.. .. 1. The Grantee will provide the Grantor with one (1) B" water stub to the property in question at no cost to the Grantee. The Grantee will be responsible for the extension of public water lines as is normal and customary for development projects within the City of Meridian. Individual buiLdings connecting to the public water lines wilL be responsible for the normal and customary connection and fees and monthly service fees as assessed by the City of Meridian II 2. The Grantor may install landscaping within the easement provided that no trees are pLanted within 5' of the waterline. THE GRANTOR hereby covenants and agrees that he will not place or allow to be placed any permanent structures or trees within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTOR does hereby covenant with the Grantee that he is lawfully seized and possessed of the aforementioned and described tract of land, and that he has a good and lawful right to convey said easement, and that he will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. THE TEMPORARY CONSTRUCTION EASEMENT is for the purpose of construction of a waterline and related incidental work. The temporary construction easement shall expire when the construction contract terminates. This grant is made on the foLlowing terms: TERM OF USE. Construction of the waterline will occur between March 15, 2005 through August 15, 2005. Weather Limitations may necessitate a time extension for completion of final surface restoration and grading as mutually agreed by the Grantor and Grantee. AUTHORIZED USES BY GRANTEE. The GRANTEE's use of the Easement granted herein shall be in connection with the construction of a water main on adjoining and abutting property owned by GRANTEE (the uDominant Estate"), for access and egress for equipment and vehicLes, for construction, excavation, storage of earth and other materials thereon, for surveying, and for aLL other reasonable uses that are necessary, advisable or c.~nvenient to GRANTEE in connection with such water construction arid improvement, and for ingress and egress to and from the Dominant Estate. USE BY OTHERS UNDER GRANTEE~ The GRANTEE's right to so use the Servient Estate during the term of the Easement shall extend to use by GRANTEE's Commissioners, employees, contractors and agents. TERM. This Easement shall be for a term commencing on the date of the GRANTOR's execution of this Indenture and terminate on the completion of the water main extension project construction on the Dominant Estate. On the expiration of the term of this Easement, the rights and privileges granted to GRANTEE hereunder shall cease and terminate and this Easement shall be nuLL and void and of no further force and effect. WATERLINE EASEMENT Page 2 of 4 INDEMNIFICATION. GRANTEE hereby indemnifies and holds GRANTOR harmless from and against any and all loss, injury, death and damage, and attorneys' fees and costs that might be incurred by GRANTOR in defending any such claim, that shall result from the use of the Servient Estate by GRANTEE, its Commissioners, employees, contractors and agents, hereunder. RESTORATION ON EXPIRATION OF TERM. On the expiration of the term of this Easement, the Servient Estate shall be restored by GRANTEE, at its sole cost and expense, to at least as good a condition as existing on the date of this Indenture. BINDING EFFECT. This Easement, and the covenants and agreements herein contained, shalL, during the entire term hereof, be binding upon and inure to the beneflt of (i) GRANTEE AND GRANTOR, respectively, and their successors and assigns, and (ii) their respective interests in the Dominant and Servient Estates. APPURTENANT. The Easement herein granted is appurtenant to the Dominant Estate. WATERLJNE EASEMENT Page 3 of 4 IN WITNESS WHEREOF, the parties have hereunto subscribed their signatures the day and year first hereinabove written. ~ Richard Evans STATE OF IDAHO ) ) ss County of Ada ) On this 2ft-A day of ~~ J 2005, before me Po..'^-' ( FI1 ~ personally appeared f\C;.t~ ~\lQ.".I proved to me on the bases of satisfactory evidence to be the persons whose names is subscribed to the within instrument, and acknowledged that they executed the same~ ..... ,......,.,.. .;'''' -.u t, D. P I "..#~ ,- ~ t-............J' ..f\., \. '.. ".-=- I I -'OT AJt t... ':.. : . .~....... r _ . : * : -..... : * : ~ . . . .. c.. \ ~ PUBL\ : I ~ -. .. ~ ~ tP.;.. ... .....~c ~ '" "'f ........ . '"\.'" ,.'ti · '~.#. 1'-13 0 F \ '\> "'" ,t;' #'1 ,." ""...a."" NOTARY PUBLIC FOR IDAHO My Commission Expires on /O-)J..,OJ GRANTEE: CITY OF MERIDIAN .Tamrily de WeerdJ.Mayor Attest by William G. Berg Jr., City CLerk City Council Approval Date: WATERLINE EASEMENT Page 4 of 4 i" I t J I ~ II .0::: I J I~ ! , Sl i I J I , I IS ~: ~ I I I I ~_~L____~~___ IT ~----:....n-~___ It- I ~ II ~~~~~I~~o~g~~ rjJs j w I I 1 ~~f I M1flAL / 0 I r- / 4~ [t: --r::r- -/-G- - - - -G- - -- J I Q ~ ~, ~ < , Iff II C I I J J 1/ It: I I:J.A W ~~:1~ I ~ ~ I I /! , I f <( W I / · I Z j _ _ EP - -' I J 5 1 .., t '1 EP - - b J , ~ ..... ~p , _ - -- EP - - - - PROP SED 12" WA rER MJ\IN ~ t. -.- I I ~7 r- -G------G--- eK ro-----GJ.- d 1'1 ,. "-- ,..., u ---- ~--~-G - !.> --- ..- - -- --- G -- - --- - - f:.r - -- - L-- ~ r I;.J- · ~ "\. 2'11f I I.J - - - -- r ~ ~ ~,.. :r; I ~~ I 1. '---~G-- --G- _ f - ~I ~ L- 24 19 .~ J b J $J.W. VlqTORY ROAI , 25 30 -- -r -. _ -~ n..1 i I I I . -- t..r- -- -- ~ J -- T - i - ~ ~ - - EP 1- _ J ~ 1 -I I I ", J I "- -.!-. t I I _ - - - -f -____urUT-- ---- - urUT_-_-+._ _u'TUTI- -_-_U~T- -1- -UT - - - - -UT -- " x "-J ,,~ L 'J ,~ r \ '" f \ " ~ ~ ;? ~ ::!. ~ 79.16' TEMPORARY CONSTRUCTION' EASEMENT (8333 S~F.) ~ a:l ;;:; ....... -~~x---- ....-....- -- .-.- --- x w w I i I ! I N. Cl. lu a -( ~~o JO 60 SCALE: 1 "=30' VICTORY ROAD WATERLINE EXTENSION SHEET MERIDIAN ADA COUNTY IDAHO 1 RICHARD EVANS PROPERTY OF TEMPORARY CONSTRUCTION EASEMENT - EXHIBIT A 1 n,ul oocu..err. AN) 1M;; ~~ 0:= lHCORPCIRJ.TED HEREJIj CAD FLE; SEQ4.TEASE ~ AS N4 ~ OF PROFE.!laCIfW. SERVCE. Ui 1HE. ~ OF PAQJ.. '= 1004,'Q ,. -. U B ~~:rTO':=':~PART. ~~'..3Q ,,,.. - } ~nc:w C)f ~... ~ __ 0RAlNNJ. t<<1: -_._~ ORA\YN BY; P..E. ~ DESIGN BY: ~ En;noer1I. ~. ~ to R EVI5KJN OESCRIPTK:W BY OA TE CHEcKED BY~ ~ , ~ ~J~U-B~ t i~ :. .~ . .. . .Engineers Surveyors Planners Project: Date: 10-04-143 February 1, 2005 PARCEL DESCRIPTION TEMPORARY CONSTRUCTION EASEMENT That portion of the Southeast :4 of the Southeast 14 of Section 24, Township 3 North, Range 1 West, Boise Meridianl Ada County, Idaho, as shown on the attached Exhibit tAt and being more particularly described as follows: Commencing at the Southeast corner of Section 24; thence along the Southerly boundary of the Southeast !4 of said section, North 89021117"1 West, 121.09 feet; thence North 00038-43.. East, 40~34 feet to the Northerly right-af-way of Victory Road, the POINT OF BEGINNING; thence North 450 34-4711 East, 79.41 feet to the Westerly right-of-way of State Highway 69 (Meridian Road); thence along said right-of-way, South 0003812411 West, 21.39 feet; thence continuing along .said right-at-way, South 550 44-40tt WestJ 6D~ 96 feet to the Northerly right-of...way of Victory Road; thence along said right-of-way, North 88~ 49~43-J West, 6..09 feet to the POINT OF BEGINNING.. Together With: That portion of the Southeast ~ of the Southeast 14 of Section 24, Township 3 North, Range 1 West, Boise MeridianJ Ada County, Idaho, as shown on the attached Exhibit fA' and more particularly described as follows: Commencing at the Southeast corner of Section 24; thence along the Southerly boundary of the Southeast !4 of said section, North 89021-17'. West, 144.03 feet; thence North 00038114311 East, 40.55 feet to the Northerly right-af-way of Victory Road, the POINT OF BEGINNING; thence North 000 3414Su East, 131. 84 feet; thence South 89~22.01.. East, 79.16 feet to the Westerly right-of"'way of State Highway 69 (Meridian Road); thence along said right-of-way, South OO~ 38'24" West, 45..00 feet; thence North 8902113611 West, 10.00 feet; thence South aoo 38124u West, 26. 72 feet; thence South 45t1 34~47fl West, 85.06 feet to the Northerly right-of-way of Victory Road; thence along said right-of-way, North 88049143~. West, 8..94 feet to the POINT OF BEGINNING. Containing 0.. 194 acres, more or le5s~ END OF DESCRIPTION Rrepared by: J-U-B ENGINEERS, Inc. Ronald M. Hodge, P .L.S. RMH/TlK: the \ \Boisefiles\Public\ProjectManagers\PHK\ 10~04-143 · Meridian - VictOry Road Waterline\ 1 O~04-143-Survey\Descriptions\5EC24- TEMPEASEo* r-l- :)::J ~ I I a:: I J J I I I ! I I-l-- J ::::)::) I , J fu ~L=~_~____ ____~- ~ ~~ ~ -+ ---~------~- · I J J v.. I ~ ~}- i MERIDIAN ROAD ~ 11 CL BORE CROSSING W J I I J I I J I f.J 0 DJ I <( M~~IAL / 0 1 J !? t. lr I . I-I : -- + ~ G - -- - - - G - - - L - G - - _ _ _ ( . ~~j I J I Z I J , J / J I / <( ~~ / 0 ::>::::l Q.. I I iJJ - 'f I f II 0::: I I I Y W Nf N t ':1 ./ I ~ f y~~ J J I . ,}/ f 5 ~ <( N8849' 43"W /'../ f f J , 14.00' i _ _ _<:,<? C) C) I I Z - - EP - - I i I I :J +-- : J If' ~ J!U J J I , - t;bv- - -r-c- - - r -G- - - - -G- - +- - +-c- __~ I ~ ~ I I Q ~ _ _ 8t:.. I i ~ ; I i - - ~ - -- - - G- ~ I Cl ~ N89.21117.W 1 24 1 9 I N I 135.OS' ~ ~ ~ ~:W. VICfTORY ROAJb i r I. .~ I N tJJ I: ....r. NC'tt ~ r--.. to. I") co ON o Z TAX PARCEL #51224449555 ~~ ,~ 1\ ~~k Ora 0 tiJ b- 0 ~ qj J: J ndDOO..u:'HT. NC)n-E~:m~ IIICXJIIPOIItAtto CADFU; ~ ~ A:SM fC1lIU.tEJR' OF ~IER'IU. JI ntIE PACPERTY a: PfIOL "1o:M,. ,-"" L U B =~:::irrTDn:==:PNn". P\OT~l-a '.r · } AUTHDACZATlOfIIOF -'-U-a--..... =~ ~~ ~ DESQN BY: HMII I..s...n.,cn.. hO ~ 0ESCR1P'1lC:W BY 01. TE OECICED IV-: PMI I I ! I Cl.. w 25 30 :zr lb --0 20 SCALE: 1 "=20' VICTORY ROAD WATERLINE EXTENSION MERIDIAN ADA COUNTY IDAHO RICHARD EVANS PROPERTY PERMANENT WATERLINE EASEMENT - EXHISrr 8 40 SHEET 1 OF 1 ~ r J.U-8l Engineers Surveyors Planners Project: Date: 10-04-143 February 1, 2005 PARCEL DESCRIPTION PERMANENT WATERLINE EASEMENT That portion of the Southeast ~ of the Southeast 1A of Section 24, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, as shown on the attached Easement IBJ and more particularly described as follows: Commencing at the Southeast corner of Section 24; thence along the Southerly boundary of the Southeast % of said section, North 89021117" West, 135..09 feet; thence North OO~38~43u East, 40.47 feet to the Northerly right-af-way of Victory Road, the POINT OF BEGINNING; thence North 450 34-47u East, 85~06 feet; thence North 000 3S124u East, 26.72 feet; thence South 89Q21136U East, 10..00 feet to the Westerly right-af-way of State Highway 69 (Meridian Road); thence along said right-of.-way, South 000 38t24U West, 30.86 feet; thence South 45 0 34t47*t West. 79.41 feet to the Northerly right-af-way of Victory Road; thence along said right-af-way, North 88 0 49.43~1 West, 14.00 feet to the POINT OF BEGINNING.. Containing O~ 025 acres, more or less.. END OF DESCRIPTION Prepared by: J-U-B ENGINEERS, inc. Ronald M. Hodge, P~L.S. RMH/TLK: lhe \ \Boisefiles\Publ ;c\ProjectManagers\PHK\ 10-04-143 · Meridian - Victory Road Waterl ioe\ 1 Q-Q4-143-Survey\Descriptions\SEC24- PERM W A TERLI N E EASE. doc * March 25,2005 MERIDIAN CITY COUNCIL MEETING APPLICANT March 29, 2005 ITEM NO. 5..M REQUEST Award bid for Flushing Stations Construction to Star Construction 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: 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. (/'... ....; / ,:,"".-.-No .. . f... .. :. . ..J .~r". ..Y,<:~ .1(: :t:..: ; .~ f . . ~:. ~. .. ...~. . .r ; .. :-...- ;:. ~ .! :...: .. ...... . .-..-.:-.. ..~ i. . ...: : -:. z; ~..: (..... ~..... ...:.t L;;)Jj"j ~. . ... f :~:'.~~f ~];J~,~ ~~~.}~~.. ;....i ?{~/...~ ,;. :i To: William Berg, Jr. From: Lenard Grady CC: Brad Watson Date: 3/17/2005 Re: Proposed Agenda Items for March 22, 2005 City Council Meeting The Public Works Department respectfully requests the following item(s) be placed on the March 22 City Council consent agenda: Easements for Construction of the Victory/Meridian Road Waterline with Evans: Attached is an easement with Richards Evans for temporary and permanent easements for the Victory Road Waterline. Recommended Council Action: The Public Works Department recommends that City Council approves the Waterline Easement with Richard Evans and authorize the Mayor to sign it. Overland Road Water and Sewer Desian with Civil Survey In Coniunction with ACHD: Attached is a contract with Civil Survey for design of water and sewer as part of the ACHD project. The contract amount is not to exceed $13, 150. Recommended Council Action: The Public Works Department recommends that City Council approve the Agreement with Civil Survey for water and sewer design on Overland Road in conjunction with ACHD for $13,150.00 and authorize the Mayor to sign it~ ~ Flushing Stations Construction - Star Construction: One bid was received for this project as summarized in the attached schedule. Star construction has successfully completed several of these types of projects. Once complete, the From the desk of~ . ~ Lenard Grady Staff Engineer Meridian Public Works Department 660 E. Waterto\ver, Suite 200 Meridian, Idaho 83642 . page 1 (208) 898-5500 Fax: (208) 898w.95S1 gradyl@meridiancityoorg /"" ( Water Department will be better able to flush the distribution system improving water quality. Contract amount was $84,464.00 Recommended Council Action: The Public Works Department recommends that City Council approve the Contract with Star Construction for construction of waterline flushing stations tor5 $84,464~OO and allow the Mayor to sign it. Thank you for your considerationa Please contact me if you have any questions regarding any of these items. . Page 2 City of Meridian - Well 1 0 Bypass and Water Main Flushing Stations Bid Results Engr. Est Star Construction LLC ~ Item Descriotion Unit Quantitv Unit Price Total Price Unit Price Total Price 307~4.1.E~ 1 Type "CII Surface Restoration Sy 58 $ $ 15~OO $ a70~OO 307.4~ 1 ~G.1 Type "Pll Surface Restoration SY 110 $ .... $ 32~50 $ 3~575~OO 401.4.1.A.1 ~a 611 pve. AWWA C900. Crass 150. DR18, Water Main LF 63 S -- $ 26 ~50 $ 1.669~50 401.4~ 1.A.1.b 8tJ PVCt AWWA C9001 Class 150, DR18~ Water Main LF 92 $ .... $ 28.50 $ 2,622.00 402.4.1.A.1.a 6" Gate Valve EA 2 $ $ 948.00 $ 1.896.00 402.4.1.A.1.b a" Gate Valve EA 5 $ $ 1 t059.96 $ 5.299.80 402~4.1 ~A~ 14C 10n Gate Valve EA 2 $ - $ 1.688.00 $ 31376.00 601.4.1.A~3 12" PVC Pipej ASTM 03034 t SDR 35 LF 44 $ $ 28400 $ 1 ,232400 602~4~ 1.E.1 60'~ Catch Ma n hor e EA 1 $ - $ 5t346.00 $ 5.346.00 706.4.1.GI1 Concrete Repair Sy 61 S .. $ 35.00 $ 2.135~OO 201 0~4.1.A~ 1.8 Flushing Station #1 Mobilization LS 1 $ - $ 500~OO $ 500400 2010.4.1.A.1.b Flushing Station #2 Mobilization LS 1 $ $ 500.00 $ 500.00 2010.4~ 1 ~A.1.c F[ us hi ng Statio n #3 Mo b iI izat i on LS 1 $ - $ 500.00 $ 500.00 2010.441.A.14d Flushing Station #4 Mobilization LS 1 $ .... $ 500.00 $ 500.00 201 O~4.1 ~A.1.e FJushing Station #5 MobiJization L$ 1 $ .... $ 500400 $ 500400 201044.1.A.1.f Flushing Station #8 Mobitization LS 1 $ - $ 500.00 $ 500.00 2010.4~ 1.A.1.g Well No. 1 0 Bypass Mobil ization L$ 1 $ .... $ 900.00 $ 900.00 2050.4.1.A.2 Loose Rip Rap Cy 82 $ - $ 115.35 $ 9t456.70 SP~1 Hot Tap Existing Water Main EA 6 $ $ 158.00 $ 948.00 $P-2 Pjpe Drain EA 7 $ - $ 462.50 $ 3.237.50 $P-3a Flushing Station #1 B.t Discharge EA 1 $ - $ 51942~OO $ 5j942.00 SP~3b Flushing Station #2 6" Discharge EA 1 $ - $ 4i743.00 $ 4.743.00 SP~c Flushing Station #3 a~ Dlscharge EA 1 $ $ 4,,425.00 $ 4t425.00 Spw3d F[ushing Station #4 a" Discharge EA 1 $ - $ 4~259.00 $ 4 .259~OO SP..3e Flushing Station #5 8" Discharge EA 1 $ $ 5,900.00 $ 51900.00 SP-3f Flushing Station #8 6u Discharge EA 1 $ $ 5,213~OO $ 5,213~OO SP~ Well No. 10 Bypass Structure EA 1 $ - $ 6,009.00 $ 6,009.00 Sp..5a Fr us hi ng Statio n # 1 T ra ffi c Co ntrol LS 1 $ $ 945.00 $ 945.00 Sp..5b Frushing Station #2 Traffic Control LS 1 $ $ 150.00 $ 150.00 SP~5c Flushing Station #3 Traffic Control LS 1 $ - $ 150~OO $ 150~OO SP.a5d Flushing Station #4 Traffic Control LS 1 $ $ 262~50 $ 262.50 SP-5e Flushing Station #5 Traffic Control LS 1 $ ... $ 300 ~ 00 $ 300.00 SP-5f F[ ushi ng Statio n #6 T ra ffi c Co ntrol L$ 1 $ $ 225.00 $ 225.00 SP-5g Well No.1 0 B~pass Traffic Control LS 1 $ $ 375.00 $ 375.00 TOTAL ESTIMATED COST $ - $ 841464.00 3/17/20054:01 PM 1 Of 1 nushing station Bidresults.xls ~ ~ ~ ~ ~ ~ \) ~ ~ '-.; U) c: o +i m ....... en OJ c: :2 II) ::J u::: c: .iij :E '- C1) .... CO 3: ~ c CO VI (I) CO a. >. OJ o ~ a; == C) I: ~2 J.; CD CJ C. (1) 0 III ......... o ~ a: CO ~ a.. o o M It) o (g ~ ~ M b I V5 ~ ~ \i L.. (L) -c -c i:ii -c (1) c ~.2' ~(f) G>~ Q.c e CO CL-o - Q) CO...... en.!! o c. ~E e 0 Q.CJ <;r --....... L ~ GJ .c o CO ~ -0 c: o OJ ~ OJ UJ~ E f -6 .S c c- CD CD ~o::: ~~ o (:) ~ ........... ~ ~ ~ ... t: :::J o ~ -c in L.- CD -a -c iii -c G.1 I:: ~..2J L:(/) Q)-c 0..1:: e ns D..-c ~ G) n:s~ (I)~ o ~ D.E e 0 a...u / 1\ -c OJ we CJ CO ~ -c I:: o OJ -c iii (1)"--'" E~ e! ::s 1:-- ,., ::::J C e- m G) ,,~ -elf.- <C~ .... c: ::s o E <( -c CO f t March 25,2005 MERIDIAN CITY COUNCIL MEETING APPLICANT March 29,2005 ITEM NO. 5-N REQUEST Water Main Easement for Graystone Building (L 1 &B4 Silverstone Business Campus) by Sundanct LTP AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY AlTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: See aflached Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meetings shall become property of the City ot Meridian.. t . '.. City of Meridian Public Works Dept. .J:ll,:E (j l~ I 'IE: ~O; :::. A .f. f} .& ~ fJt Ah J 6 200:J ()ity Of 1\1 eri dian (~it,y CierI\: Office To: Mayor de Weerd & City Council From: Kane Glenn cc: File Date: 3/1812005 Re: Proposed Agenda Items for 3/29/05 City Council Meeting The Public Works Department respectfully requests that the following items be placed on the 3129/05 City Council agendat on the Consent Agenda, for Council's consideration: 1) Water Main Easement for Gravstone Buildina (L 1/84 Silverstone Business Campus) bv Sundance LTP. Typical Water Main Easement Recommended Council Action: Approve the Water Main Easement for Graystone Building (L 1/84 Silverstone Business Campus) by Sun dance L TP and authorize the Mayor to sign and City Clerk to attest. Thank you for your consideration. . Page 1 WATER MAIN EASEMENT THIS INDENTURE, made thisffClay of September, 2004 between~\l \\&.\)~~ ~, L ,.p, 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 and service 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 operation and maintenance of a water main over and across the following described property: (SEE ATTACHED EXHIBIT A and B) The easelnent hereby granted is for the purpose of construction and operation of a water line 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 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 the Grantee, in making future repairs, will expediently replace and restore th,e premises to a condition comparable to that existent prior to undertaking such repairs and replacement However, the Grantee will not be responsible for repairing, replacing or restoring any permanent structures, large trees or brush placed within the area described in this easement. THE GRANTORS hereby covenant and agree that they will not place or allow to be placed Water Main Easement Page 1 water easement 091404 C046224 (. .. I... :. any permanent structures, large trees or brush within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTORS do hereby covenant with the Grantee that they are lawfully seized and possessed of the aforementioned ~d 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 ~gainst 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: Christopher L.. Anderson Agent of Sundance Limited Partnership Investments STATE OF IDAHO ) ) 58 County of Ada ) On this /S% day of September, 2004, before me, the undersigned, a Notary Public in and for said State, personally appeared Christopher L~ Anderson mown or identified to ill.e to be an agent of the Limited Partnership, that executed the within instrunlent, and acmowledged to me that such Limited Partnership executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year fist above written. · <,,~,,'l'. > t~I'###i lo. ~ · ~ ~ \ :-.;. r: A. , r ~ -I . '.- ...' ~ .......0. all "'". ..".... r ~ ... ...:(' '.,. ~ """.. .0 1.P -:. : : ~OT.4R .0:' :: r \ Z : : . ........ : : : -: Jl' .: ;.cP\. UBLIC i i \ ~ .. .. ~ ., ory ').. .. .0 l"'\ ~ #', .,. /J .... .... ~ v " "'11, 0 F I \) ~ "~,,.... ".,. fG '11" "., ~ ~ ~- ~/I) I /J . ~~~~ /v'~ U~~ NOTARY PUBLIC FOR IDAHO Residing a~.A ~ .... ,~ ~ L ~! ~ ) ~ ", Commission Expires: ..y~ // (J Water Main Easement Page 2 water easement 091404 C046224 CITY OF MERIDIAN Tammy de Weerd, Mayor William G. Berg, Jr., City Clerk Approved by 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., 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: Mar 17 05 02:47p P i nnf.......l- e Engineers, Inc.. ( 2.08 ) fl q 7 - 778 1 p.2 EXHIBIT "A" WATER EASE1vfENT A water easement across a portion of Lot I, Block 4 of SILVERSTONE CA11PUS SUBDIVISION, as shown on the official Plat recorded in Bool{ 89 of Plats at pages 10295-10299, records of.Ada County, Idaho, located in the NWli4 of the NWI/4 of Section 21, To""nship 3 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho and more described as follows: Commencing at a brass cap monument marking the NW corner of the N\Vl/4 of said Section 21, thence alollg the North line N89014'24"W a distance of 1043.04 feet to a point from which a 5/8 inch rebar marking the NW comer of the NEl/4 of the NWll/4 of said S,ection 21 bears N89014'24"W a distance of289.50 feet, thence leaving said North line SOoo45'36"W a distance of 818..20 feet to a point being the POINT OF BEGINNING; Tllence ten feet on both si4es of the following described line, with margins shortening t and lengthening to intersect adjoining property lines; Thence S90000'OO'~W a distance of32~85 feet to a point; Thence S-OQoQO'OO"E a distance of161.10 feet to a point; Tllence S4500Q'oonE a distance of 40.47 feet to a point; Thence S89046'44nE a distance of27.95 feet to a point on the Wesl right-of-way line of ~~ Cobalt Point Way being tIle terminus of the easement line. Said parcel contains 5,248 square feet more or less and is subject to all existing easements and rights-af-ways of record or implied. C046224 _water C::lSClnCn t_1esal_ 091 J04v..odS-doc -0 ;/ > 1 n <.: r= / n o ~ m N N ..b... /' Q.. ~ -t,C /' () o .:=.. en N N ~ I ::E ::;- ~ c ~ 3 ~ ~ a. ::E: CD r r o --< o S ~ '... ...:::.. " i'J: o o ~ ....... N 01 ~ Ul -0 ~?:.. ~ 5- =- a o (0 M .:J ~ :;. tb ~ ...14 :;- r ;; :0 Jj~ :; ~ L LOT 1 ~ BLOCK 4- OF SILVERSTONE CAMPUS SUBDIVISION BOOK 89 OF PLATS PAGES 10.295 TO 10.299 A PORTION OF THE NEl/4 OF THE NWl/4 OF SECfrON 21 TOWNSHIP 3 NORTH. RANGE 1 EAST1 BOISE MERIDIANT CITY OF MERIDIAN~ ADA COUNTYt IDAHO 2004 Iii I I t I I I ~ I I I I I I I I I I I I I I J I I: I I t f I I I I ..t f I I II \ '}~ '.J I I I I \ j: t\: J.. t : I ~ __LJ. Yl. I \ r \! ~ ~ I ,) q ~ ~ ~ ~ :~\ 'l :1 I I I .1 II I I I II II I I I f II I' I I I I I II I I I I I : i I t ~j I I f S(4~)- -1-5(6"-1- ~ i:_ - ~ ~ : : .I : I ;t: : I I I J II: I: f-4 I : : ~ ~ / I ZI I I 1.../ I I I :~:l O~ : If ~ / 1 GENERAL LEGEND 1 I J ~ I P-.~ I I ; I I ~l- ,~I-- --- -- BOUNDARY UNE D I : II I I ~ I I I I ~ I lOT LtNE J II .....d l I ! I J o:i I I I I I - - - - - ROAD CENTER LINE t I I { 0 rl I J! I I - - - - - - - - NEW EASEMENT LINE I II r jl I II : I U ~ I I 1 j I ..................... TIE LINE I ::: : ui: 1 :: ~ l 0 I J:;; : ~::: I 0 I ~l rl I I JI I I 0 II II I I II I I I I: I: Lt-__~~-j --r-- ~! It I II I I II ~l : II II: i I II tl I II I I d II I I 11 I j r~ I: I I ~~ I I II II I II 1 I II It I I I l I I I I I I I 11 I II I Ji ~ I; I I I II ~ 11 ~ 1 {lJ1 I I .:ill 1 a 11\ It l I' 0 I \ " V~ .. I tl-- '1 ~ I J I \ \ t!' "/01 \ I ~ I \ \J ""'0 \ (.,{ 1 1 I \ I I ~I \ \ '- .'V.> ~89. 6~ \ E _\_\_W(BH)L _ _ _ ~~ \ ( " ~9~. ~ l \ I I ~ l \ \ ---_H______________~~=--.. \ \ : \ ~\-~ -G\ \ \ I I J ,\ , ) \ \~ \\ \ \ \cn\ \ \ \ \ -( 1 \ \, ..... ~ \ \ \ \ \ \ t'. \ \ \. \ 5 ~ ~ DET AI L FILENAM E: C04 62 2 4 _ WTR EASEM ENT. DWG "CREATION DATE: SEPT 13 2004 I EXHIBIT " B " SCALE: 1 ~t = 40' EXHIBIT "B" WATER EASEMENT n p 5/8~ REBAR 1/211 RE8AR CALCULATED POINT \ \ PINN It CLE DRAWN BY: DJT CHECKED BY: KNS Engineers~ Inc. 12552 w+ E)Cecutivc Or__ Suite Bt Boise~ ~doho 83713 (208) 887-7760 -1 ( ("~ ~ t~"" " March 25,2005 MERIDIAN CITY COUNCIL MEETING APPLICANT March 29,2005 ITEM NO~ 5-0 REQUEST Sewer Service Contract for the North Slough Sewer Project AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFfiCE: OTH ER: See attached Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meetings shall become property of the City of Meridian. (. . .. . .. .. . . . .. . . .. . . . . . . RECEIVED MAR 2 4 2005 " "" " :" :"" :""""""" " ":":""""""" """ "":""""":" """"":""""":"""":"": :":" ":"" "" : " """ " "" ": " ": ": :"" " " :""": : " "" " "" "" " "" " " "" " " " : ": ": """ """"""" :"" " :.. City.of .Meridian.:..:.::..:...... ..:.. ..:. .-:... ... . . Pub.li.~. ..,^,()ti(s. .I)~p~:.~ .:...... .... . City Of IVleridian City Clerl{, Office To: Will Berg; Tara Green From: Clint Dolsby. Staff Engineer CC: Brad Watsont Public Works Director Date: 03/23/2005 Re: Proposed Agenda Items for March 29,2005 City Council Meeting The Public Works Department respectfully requests the following item be placed on the March 29 City Council agenda, under Consent Agenda, for Council's consideration. ~ 1. Sewer Service Contract for the North Slouah Sanitary Sewer Proiect. A sewer services contract has been signed by the developer of the Saguaro Canyon Subdivision for the reimbursement of the construction costs for the sanitary sewer services in their development north of McMillan Road and east of Meridian Road for th is project. Recommended Council Action: The Public Works Department recommends that City Council approves the sewer service contract for the reimbursement of the construction costs for the sanitary sewer services in the development north of McMillan Road and east of Meridian Road for the developer and authorize the Mayor to sign it. 2~ License AQreement for the North Slough Sanitary Sewer Proiect. A request for license agreement with the North Slough Lateral Users Association for the two locations where the sewer line will be crossing a North Slough Lateral Users Association facility has been received by the Public Works Department. Recommended Council Action: The Public Works Department recommends that City Council approves the License Agreement for the two locations where the sewer line will be crossing a North Slough Lateral Users Association facility and authorize the Mayor to sign it.. 3. Chanqe Order No.1 for the North Slouah Sanitary Sewer Proiect. Additional work is required for the completion of the North Slough Sanitary Sewer Project Engineering Services. This change order consists of the following work: . Page 1 "(: ~ ( .. ~~~ ~ " {\... ..... .. · Construction surveying and preparation of record drawings for the sanitary sewer project. Keller Associates, Inc submitted a cost for this change order as summarized below: e Keller Associates, Jnc $11 ,800.00 Recommended Council Action: The Public Works Department recommends that City Council approves Change Order No.1 for the North Slough Sanitary Sewer Project with Keller Associates, Inc. for $11 ,800.00 and authorize the Mayor to sign it. Thank you for your consideration. P!ease contact me if you have any questions regarding any of these items. . Page 2 Mar 15 2005 13:14 K.~I_LER ASSOCIATES /... (. . ~}1~ 288 1999 ~( .. .... .. pe2 CITY OF lv1ERIDIAN 660 E~ Watertower~ Suite 200 Meridian, Idaho 83642 CONTRACT PROJECT # & DBSCRlPTION City ofMeridian~ North SlouJ!h Sewer Trunk Line.. Tell Mile Rd~ to Locust Grove R(L TInS CONTRACT, made this day of 'I 20---.j between the City of Meridian) acting by its Mayor and Council, by the City Engineer or his authorized representative, herein called "CITY" and Fo...rwe.~+ J LLt,. herein caUed'IDeveloperH. NOW THEREFORE. the parties hereto agree as folJows: 1.. The City agrees to include with the North Slough Sewer Trunk Line Project a bid unit price item for 4u sewer services~ After the Bid opening and prior to the Notice to Proceed the City will provide the Developer with the bid unit price information.. .The Developer shall then decide if the bid unit price is 8cceptable~ If the cost is acceptable, the Developer shall authorize, in writing, the City to have the sewer service work constructed and the Developer agrees to reimbmse the City for the cost of this work. The Developer sbaII reimbursement the City within 30 days of sewer service work completion. 2. The Developer shall provide the City infonnation on the horizontal and vertical location of the 4" sewer service stubs prior to the Contractor receiving the Notice to Proceed. 3. Once construction has begant the Developer shall be responsible to field locate each service stub location and verify invert depth.. It will be the DevelopeI"5 responsibility to stay sufficiently ahead of the contractors progress. The City will not be responsible for field locating the service Jines. IN WITNESS WHEREOF, the parties have executed this Contract the day and year rIrst above written. CITY of Meridian DEVELOPER: By Tammy de Weerd,. Mayor By: Date: 3-/S-'-0.s- AlTEST: WiUiam. G.. Berg~ Jr_~ City Clerk By: U~ Date: ~-~~OS- Title: Date: Social Security Number; S"/ ~-)1 ~ - d. Gf k ~ Approved By Council~ 103083/1/Service Stub contract ( . March 25,2005 MERIDIAN CITY COUNCIL MEETING APPLICANT March 29,2005 ITEM NO. 5-P REQUEST License Agreement for the North Slough Sanitary Sewer Project 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 DE?T: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANJT ARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SElTlERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTH ER: See attached Confacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meetings shall become property of the City of Meridian. ( (:. . (.: :.f..~f,]~ (~'~; ~~~-~~ :ol~ ~;'%l'][~ ]r_~)::; tj~ f~ E\ > ~ ~(iP~ j ~ f-? ~~ ~ ~ .:..- ~ luU~J~j ( .:j Lv ai' IVlericliali {:~1" t~v (1] ~~~lT () lr_~fi CP -:+ -:- l' ~~ ~...}. ~.l. .... "'\ ........ -:,..... ....... . To: Will Berg; Tara Green From: Clint Dolsby, Staff Engineer CC: Brad Watson, Public Works Director Date: 03/23/2005 Re: Proposed Agenda Items for March 29, 2005 City Council Meeting The Public Works Department respectfully requests the following item be placed on the March 29 City Council agenda, under Consent Agendat for CouncilJs consideration. 1. Sewer Service Contract for the North Slouqh Sanitarv Sewer Proiect. A sewer services contract has been signed by the developer of the Saguaro Canyon Subdivision for the reimbursement of the construction costs for the sanitary sewer services in their development north of McMillan Road and east of Meridian Road for th is project. ~ 2. Recommended Council Action: The Public Works Department recommends that City Council approves the sewer service contract for the reimbursement of the construction costs for the sanitary sewer services in the development north of McMillan Road and east of Meridian Road for the developer and authorize the Mayor to sign it. License Aareement for the North Slouah Sanitary Sewer Proiect. A request for license agreement with the North Slough Lateral Users Association for the two locations where the sewer line will be crossing a North Slough Lateral Users Association facility has been received by the Public Works Department. Recommended Council Action: The Public Works Department recommends that City Council approves the License Agreement for the two locations where the sewer line will be crossing a North Slough Lateral Users Association facility and authorize the Mayor to sign it. 3. Chanqe Order No.1 for the North Slouqh Sanitary Sewer Proiect Additional work is required for the completion of the North Slough Sanitary Sewer Project Engineering Services. This change order consists of the following work: . Page 1 · Construction surveying and preparation of record drawings for the sanitary sewer project Keller Associates, Inc submitted a cost for this change order as summarized below: 1ft Keller Associates, Inc $11 ,800.00 Recommended Council Action: The Public Works Department recommends that City Council approves Change Order No.1 for the North Slough Sanitary Sewer Project with Keller Associates, Inc. for $11,800.00 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 (.. . (.:.... RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO~4 Moffatt, Thomas, Barrett, Rock & Fields~ Chartered 101 S. Capitol Boulevard, .lOth Floor Post Office Box 829 Boise, Idaho 83701-0829 (Space Above For .Recorder's Use) LICENSE AGREEMENT FOR CITY OF MERIDIAN NORTH SLOUGH TRUNK LINE This License Agreement for City of Meridian North Slough Tnlnk Line (hereinafter the "Agreeme.nt") is entered into and made effective this _ day of ,2005, by and between NORTH SLOUGH LATERAL USERS ASSOC.lATION, a dtlly organized lateral ditch associatio.n, acting tInder the allthority of Idaho Code section 42-1301, et seq., whose address is 2685 W. Chinden Boulevard, Meridian, Idaho 83642, and the C.lTY OF MERIDIAN, a mllnicipal corporation of the State of Idaho, whose address .is 660 East Watertower Lane, Suite 150, Meridian, Idaho 83642. DEFINITIONS: In addition to the other capitalized terms defined herein, this Agreement contains certain words which shall have the following meanings: (a) "City" shall refer to the CITY OF MERIDIAN, an Idaho municipal corporation. (b) "Association" refers to NORTH SLOUGH LATERAL USERS ASSOCIATION, a duly organized lateral ditch association, acting under the authority of Idaho Code section 42-1301, et seq. (c) "Utility" or "Utilities" means those services provided to the development by private or public e.ntities, including, bllt .not limited to, telephone, cable, electric, water, sewer, and gas, etc. LICENSE AGREEMENT .FOR CITY OF MERIDIAN NORT.n SLOUG.H TRUNK LIN.E -1 BOI_MT2;575314~ 1 WITNESSETH: WHEREAS, the Association owns and maintains a delivery system consisting of the North Slough No~ 1 Lateral, for .pln-poses of delivering and removing irrigation water to and from users of the N.Olth Slo~lgh No.1 Lateral, together with easements to convey water in the North Slough No~ 1 Lateral; easements for ingress and egress; a.nd for the operation, inspection, .maintenance, and repair of the North Slough No. :I. Lateral; WHEREAS, the City intends to install a twenty-one inch (21 Tf) sewer tnlnk line which will cross the .North Slough No.1 Lateral at E. Joshua Tree Street in the proposed Ventana Subdivision and at N~ Red Horse Way in the proposed Saguaro Canyon Sllbdivision, as more .particularly set forth herein; WHEREAS, the City desires to obtain a license from the Association in order to construct, own, operate, and .maintain a twenty-one inch (21 n) sewer line which will cross the North Slough No~ 1 Lateral at E. Joshua Tree Street in the proposed Ventana Subdivision and at N. Red Horse Way ill the proposed Saguaro Canyon Subdivision, as depicted in the plans, maps, drawings and notes listed in Exhibit B; WH.EREAS, the Association desires to grant the license to the City for the plu~oses of constnlcting, owning, o.perating, and maintaining the sewer line crossings; NOW, TI-IEREFORE, in consideration of the promises and the mlltual benefits, represe.ntations, covenants, llndertakings, and agreements hereinafter contained and for good and Valtlable consideration received by the parties, which consideration and the Sllfficiency thereof is hereby acknowledged by the .patties hereto, the Association and the City represent, covenant, undertake, and agree as follows: LICENSE AGREEMENT FOR CI.TY OF MERIDIAN NORTH SLOUGH TRUN.K LINE - 2 BOI_MT2:57531441 AGREEME.NTS: 1. Grant of License. The Association hereby grants to the City a license for purposes of constnlcting, owning, operating, and maintaining a twenty-one inch (21 n) sewer line which will cross the North Slo.ugh No.1 Lateral at E. Joshua Tree Street in the proposed Ve.ntana Subdivision and at N. Red Horse Way in the proposed Sagllaro Canyon Subdivision, in accordance with and as depicted in the plans, maps, drawings and notes listed in Exhibit B. 2. Restrictions D.n License~ The License is subject to the restriction that no construction impacting the North Slough .No~ 1 Lateral may begin until November 1, 2004, and that all said constnlction must be completed prior to March 25, 2005. The City expressly aclrnowledges and agrees that this Agreement does .not grant the City the right to install any property, ut.ilities, equipment, or other facilities, except as may be described in this Agreement, or the right to impair a-ny rights of the Association or others in the use of the North Slough No~ 1 Lateral. This grant of License is expressly conditioned llpon the prior receipt by the City of any and all necessary approvals from govern.mental entities and private .parties for the activities to be performed under the terms of this Agreement, and is further expressly co.nditioned llpon the Association)s prior written approval of all drawings and plans concerning the activities to be conducted by the City tInder this Agreement. 3~ Term of Grant of License. The term of the License shall co.mmence u.pon the effective date of this Agreement and shall continue for so long as the City is in compliance with the terms of this Agreement. The Association may revoke the License granted herellnder should tlle City at any time fail to comply with the terms and conditions of this Agreement; provided, however, that the Association delivers to the City written notice of stIch failure and the City fails to cure the lack of compliance within fifteen (15) days of delivery of such written notice. LICENSE AGREEMENT FO.R CITY OF MERIDIAN NO.RT.H SLOUGH T.RUNK LINE - 3 BOI_MT2:S7531411 ( 4~ Installation and Inspection. The City, or its agents or contractors, shall perform all work contemplated by the tenns of this Agreement in a workmanlike manner.. T.he City agrees to assume all responsibility for all constnlction contemplated under this Agreement, incltlding general liability and costs for construction. Any construction or other activities by the City, or its agents or contractors, which may impede or impair the flow of water may only be performed dllring the non-irrigation season, which is usually between November 1 and March 15, llnless otherwise set forth in this Agreement. The City expressly acknowledges that, notwithstanding his aSSllmption of certain respo.nsibilities and receipt of certain rights under this Agreement, the Association does not relinquish its ownership rights in any .portion of the North SlOllgh No.1 Lateral. 5. .Utility Crossings. Unless the City has previously disclosed utility locations by providing plans fully de,picting lltility locations through a utility plan or a joint trench utility plan, the City shall not allow any .Utilities or any private party to cross any portion of the North Slough No.. 1 Lateral, or otherwise use or encroach u.pon the Association's easements, without the express written consent of the Association.. Said written consent may take the form of an addendum to this existing Agreement Of, the Association, .in its discretion, .may require that separate license agreements be executed between the Association and the Utility or private party seeking to cross the North Slough No~ 1 LateraL Where Utilities or private .parties will.be crossing the North Slough No.1 Lateral, those Utilities or private parties are required signatories of this Agreement, in addition to the City, unless this requirement is waived in writing by the Association~ In the event that the City has not provided utility plans and asserts that .no Utility or private party will be crossing the North Slough No~ 1 Lateral, the City shall present to counsel for the Association proof of this fact in one of the following forms: LICENSE AGREEMENT .FOR CITY OF MERIDIAN NORTH SLOUGH TRUN.I( LINE - 4 BOl_MT2:S75314.1 t.. .. ( (a) title report confirming that .no other easements have been granted and recorded as of the date of recording of this Agreement, or (b) signed writings from the individllal Utilities serving the development stating that they will not be crossing the North Slough No~ 1 LateraL Absolutely no constrllction may proceed llntil said the City, Utilities, or private party have met these siting/crossing reqllirements to the satisfaction of the Association. 6~ Express Waiver. In the event that any .Utilities or private parties cross the North Slough No~ 1 Lateral, or s.hare in the use of the Association's easements, by such crossing or tlSe said Utilities or .private parties waive any and all claims against the Association, now and in the filture, concerning or arising from the Association's water distribution, operation, a.nd maintenance activities of the North SIo.ugh No. :t ,Lateral. 7. Indemnity. The City, and any Utility or private party, that crosses the North Slough No~ 1 Lateral or uses the Association's easements, agrees to protect, defe.nd, indemnify, and hold the Association and its officers, directors, employees, members, and agents harmless from and against any and all liability, suits, losses, damages, claims, actions, costs, and ex.penses of any naulre, inclllding COtlrt costs and attorney fees, arising from or Ollt of (a) any acts or omissions of the City, any crossing Utility or private party, their agents, or contractors related to or.in connection with the.ir crossing of the North SIOllgh N09 1 Lateral; (b) use of the perpeulal easements of the Association; (c) any other activity .under this Agreement; and (d) the exercise of any privileges or performance of any obligatio.us by the City, any crossing Utility, or private party hereunder. Fllrthermore, the City, and any crossing Utility or private party, agrees to protect, indemnify, and hold the Association and its officers, directors, employees, .members, and agents harmless from and against any and all liability , suits, losses, da.mages, claims, actions, costs, and expenses of any nature, including COllrt costs and attorney fees, arising from or out of water .LICENSE AGREEMENT .FOR CITY OF MERIDIAN NORT.n SLOUGH TRUNK LINE - 5 BOI_MT2~575314~ 1 quality violations, flooding, or any interruption or interference with the flow of water in the North Slough No.1 Lateral caused by any act or omission of the City, and any crossing Utility, private party, or their agents. Any party (the City, crossing Utility, or private party) who violates any provision of this Agreement has effectively waived any and all claims, now and in the filulre, against the Association, its officers, directors, employees, me.mbers, and agents regarding the matters governed by this Agreement 8. No Liens. The City shall allow no liens as a result of any labor performed or materials supplied in connectio.u with his activities to attacl1 to the North SIOllgh No.1 Lateral, or to any adjacent lands held .by the Association. 9~ Permits. The City represents that it has obtained all permits, licenses, and acknowledgments reqllired to cOndtlct the activities to be perfor.med llnder the terms of the Agreement Additionally, the City shall deliver to counsel for the Association a copy of a Clean Water Act Section 404 Permit or non-Jurisdictional determination (waiver) from the United States Army Corps of Engineers prior to commencement of constrllction affecting the Association's facilities, includln.g the North Slough No.1 LateraL The parti.es hereby recognize and agree that this Agreement will not be executed by the Associatio.ll and recorded until counsel for the Association is itl receipt of the ap.propriate Section 404 Permit or non-jur.isdictional determination. 10. Limitations on Liability: Attorney Fees. The parties hereto agree that nothing herein contained shall be construed to create a joint venttlre, partners.hip, or other similar relationship which might sllbject any party to liability for the debts and/or obligations of the others, except as otherwise expressly agreed in this Agreement. No director, officer, staff member, agent, or designee of the Association shall inCtlf any liability hereu.nder to the City, crossing Utility or private party, or any other .party in such person's individual capacity by reason LICENSE AGREEMENT FOR CITY OF .MERIDIAN NORTH SLOUGH TRUNK .LI.NE - 6 BOI__MT2:57531441 of such person's actions hereunder or execution hereof In the event any party hereto shall bring any action to enforce a breach of this Agreement, the prevailing party shall be entitled to recover reasonable costs and attorney fees from the nonprevailing party, including any costs and attorney fees on appeal. 11 ~ Professional Fees. The City agrees to promptly pay all legal expenses incurred for the benetit of the Associatio.n relating to the negotiation, preparation, and execlltion of this Agree.ment It is expressly agreed that the Association shall not be responsible for the payment of said expenses. 12. Entire Agreement This Agreement contains the entire agreement between the parties hereto with respect to the sllbject matter of this Agreement Amendments to this Agreement shall be made only by written instrument execlltecl by each of the parties hereto. 13. Binding Effect. This Agreement shall bind the parties hereto and their respective heirs, personal representatives, successors, and assigns and shall also constiulte a burdel1upon and appurtenance to the property governed. tInder this Agreement. 14. Severa.bility. If any part of this Agreem.e.nt is held to be illegal or unenforceab Ie by a court of co.m.petent jurisdiction, the remainder of th.is Agreement shall .be given. effect to the fulLest extent reasonably possible. 15. No Waiver. The failure ofa party to insist on the strict performance of any provision of this Agreeme.nt or to exercise any right or remedy upon a breach hereof shall not constitute a waiver of any provision of this Agreement or limit such party's right to enforce any provision or exercise any right 16~ Governing Law. This Agreement shall be construed under and governed by the laws of the State of Idaho. LICENSE AGREEMENT FOR CI.TY O.F MERIDIAN NORTH SLOUGH T.RUNK LINE - 7 BOI_MT2:575314.1 (. 17 . Representations of Parties. (a) The Association. The Association represents and warrants that (i) it is a duly organized lateral ditch association, acting under the authority of Idaho Code section 42- 1301, et seq.; (ii) it has the capacity to enter into and perform it's obligations under this Agreement; (iii) all organizational and other actions required to allthorize it to enter into and perform this Agreement .have .been properly taken; and (iv) this Agreement has been properly executed and delivered by Association and is valid and binding upon it in accordance with its tel~ms . (b) The City. The City represents and warrants that: (i) it is a municipal corporation duly organized and in good standing in the State of Idaho; (ii) .it has the capacity to enter into and perform its obligations under this Agreement; (iii) all actions reqtlired to autllorize the City to enter into and .perform this Agreement have .been pro.perly taken; (iv) this Agreement .has been properly execllted an.d de:livered by the City and is valid and binding upon the City in accordance with its terms; and (v) it has obtained all permits, licenses, and acknowledgments reqllired to condllct the activities to be performed under the terms of the Agreement. 18~ The City's Authorizatio.u of Signature. The City hereby warra.nts that the person signing this Agreement has been authorized to do so by the City. 19. Notices. AII.notices, demands, requests, and other comm.unications tInder this Agreement shall be in writing and shall be deemed properly served or delivered if delivered by hand to the party to whose attention it is directed or, when sent by mail, three (3) days after deposit .in the 'United States mail, .postage prepaid, addressed as follows: NORTH SLOUGH .LATERAL USERS ASSOCIATION P2685 W. Chinden Boulevard Meridian, Idaho 83642 LICE.NSE AGREEMENT .FOR CITY OF MERIDIAN NO.RTH SLOUGH TRUNK LINE - 8 801~MT2:575314.1 c ( CITY OF MERIDIAN 660 East Watertower Lane, Suite 150 Meridian, Idaho 83642 Each party may change its address for delivery by written notice in the manner provided herein. 20. Recording" This Agreement shall be recorded llpon execution in the office of the cOllnty recorder for each COllnty in which any portio.n of the land covered by the Agreement is located. IN WITNESS WHEREOF, the parties have here.unto caused their names to be subscribed to this Agreement of the date first set forth above. CITY OF M.ERID.IAN By (written name) Its Attest: City Clerk NORTH SLOUGII LATERAL USERS ASSOCIATION By Michael Myers, .President Attest: Josh Janicek, Vice-President LICENSE AGREEMENT FOR CITY OF MERIDIAN NORTH SLOUGH TRUNK LINE - 9 BOI_MT2:57531441 STATE OF IDAHO ) ) ss. County of ) On this _ day of ,2005, before me, the undersigned Notary Public in and for said state, perso.nally appeared known or identified to me to be the of CITY OF MERIDIAN, the person who executed the .instnlment on behalf of the CI.TY OF MERIDIAN, and acknowledged to me that CITY O.F .MERIDIAN, exectlted 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 .R.esiding at My Commission Expires STATE OF IDAHO ) ) SS4 County of Ada ) On this _ day of ,2005, before me, the undersigned Notary Public in and for said state, personally appeared MICHAE.L MYERS known or identified to me to be the President of NORTH SLOUGH LATERAL USERS ASSOCIATION, the person who execllted the instrument on behalf of the NORTH. S.LOUGH LATERAL USERS ASSOCIATION, and ac.knowledged to .me that NORTH SLOUGH LATERAL USERS ASSOCIATION executed the same4 IN W.ITN.ESS W.H.EREO.F, 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 :My Commission .Exp.ires LIC.ENSE AGREEMENT FOR CITY OF MERIDIAN NORTH SLOUGH TRUNK LINE - 10 BOI_MT2:575314.1 ( ( \ STATE OF IDAHO ) ) ss. COllnty of Ada ) On this _ day of ,2005, before me, the undersig.ned .Notary Public in and for said state, personally appeared JOSH JANICEK known or identified to me to be the Vice-President of NORTH SLOUGH LATERAL USERS ASSOCIATION, the perso.n who executed the instrume.nt on behalf of the NORTH SLOUGH .LATERAL US.ERS ASSOCIATION, and acknowledged to me that NOR1'H SLOUGH LATERAL USE:RS ASSOCIATION executed the samet IN WITNESS WHEREOF, I have herellnto set my hand and affixed my official seal the day and year in this certificate first above written~ NOTARY P.U.BLIC FOR IDAHO Residing at My Commission Expires LICENSE AGREEMENT FOR C.ITY OF ME.RIDIAN NORTH SLOUGH TRU.NK LINE - 11 BOI_MT2:S75314.1 (; i:="" .. ( .... EXHIBIT A Vicinity Map EXHIBIT A BOI_MT2:575314.1 1 ! I I ~ ~ ~ a j j-- ~2i~!1 fr=j I~ liS ~ I it; B fI I I lJ I I 1. . 1. .'J j ~~ rl ffj 1-0 .1 ~I ~:~I ; ~~ ~ ~ ~~~ ~! i~ c ~I J .~ ~ ~ - j ~ l t : )o~ ~'~~~H ~.._ I i o~~~~ ...... II' Jry- -~~. 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EXHIBIT B Pla.os and Specifications Please refer to the following .plans pre.pared by Keller Associates, for the City of Meridian North SlOllgh Tnlnk Line, Project No. 103083: General Information, Sheet G-I, dated 2/2/05 General Notes, Sheet G-2, dated 2/2/05 Standard Details, Sheet G-3, dated 2/2/05 Key M.ap, Sheet G-4, dated 2/2/05 Details, Sheets D-I and D-2, dated 2/2/05 Plan & Profile, Sta~ 58+00 to 66+00, Sheet PP-7, dated 2/2/05 Plan & Profile, Sta. 66+00 to 74+00, Sheet PP-8, dated 2/2/05 EXHIBIT B BOI__MT2;575314.1 f \. March 25,2005 MERIDIAN CITY COUNCIL MEETING March 29, 2005 APPLICANT ITEM NO. 5-Q REQUEST Change Order No.. 1 for the North Slough Sanitary Sewer Project AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATfORNEY 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 M Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meetings shall become property of the City of Meridian. ( : (. _'I~{J) II: (~.~; .~~~ ]~\V-l~ ]~:J:i ~~ ~ f) ~;,: ;~ ~nr.H:: rif /:~1 j.\ :~.: 1 L UO~j (:1 ty' Of' IVleridia..rl (jity CIerI\: (}ffice To: Will Berg; Tara Green From: Clint Dolsby, Staff Engineer CC: Brad Watson, Public Works Director Date: 03/23/2005 Re: Proposed Agenda Items for March 29r 2005 City Council Meeting The Public Works Department respectfully requests the following item be placed on the March 29 City Council agenda, under Consent Agenda, for Council's consideration. 1. Sewer Service Contract for the North Slouqh SanitaIV Sewer Proiect. A sewer services contract has been signed by the developer of the Saguaro Canyon Subdivision/for the reimbursement of the construction costs for the sanitary sewer services in..'their development north of McMillan Road and east of Meridian Road for this project. Recommended Council Action: The Public Works Department recommends that City Council approves the sewer service contract for the reimbursement of the construction costs for the sanitary sewer services in the development north of McMillan Road and east of Meridian Road for the developer and authorize the Mayor to sign it. 2. License AQreement for the North Slouqh Sanitary Sewer Praieet. A request for license agreement with the North Slough Lateral Users Association for the two locations where the sewer line will be crossing a North Slough Lateral Users Association facility has been received by the Public Works Department. Recommended Council Action: The Public Works Department recommends that City Council approves the License Agreement for the two locations where the sewer line will be crossing a North Slough Lateral Users Association facility and authorize the Mayor to sign it.. ~ 3. Chanqe Order No.1 for the North Slouqh Sanitary Sewer Proiect. Additional work is required for the completion of the North Slough Sanitary Sewer Project Engineering Services. This change order consists of the following work: . Page 1 · Construction surveying and preparation of record drawings for the sanitary sewer project. Keller Associates, Inc submitted a cost for this change order as summarized below: o Keller Associates, Inc $11 ,800.00 Recommended Council Action: The Public Works Department recommends that City Council approves Change Order No.1 for the North Slough Sanitary Sewer Project with Keller Associates, Inc. for $11,800.00 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 CHANGE ORDER NO~ 1 No.1 DATE OF ISSUANCE EFFECTJVE DATE OWNER City of Meridian CONSULTANT Keller Associates. Inc. Contract: North Srouqh Sanitary Sewer Profect Project: North Slouah Sanitary Sewer Proiect OWNERts Contract No~ N/A ENGINEER ENGINEER's Contract No. N/A You are directed to make the foUowjng changes jn the Contract Documents: Description: This change order consists of the following work: · Construction surveying and preparation of record drawings for the sanitary sewer project. Reason for Change Order: Compensate the consultant for the construction surveying and preparation of record drawings that was not included in the consultant's scope of work. Attachments: (List documents supporting change): Letter for additional services received from Keller Associates, Inc dated March 8J 2005. CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIMES: Original Contract Price $ 148.384.00 Original Contract Times: Substa ntiaf Completio n: Ready for fina[ payment: (days or dates) Net change from previous Change Orders No. _ to No._ 8 u bstantia I Co m pletion: Ready for final payment: (days) Net Increase (Decrease) from previous Change Orders No.~to~ $ 0 Contract Price prior to this Change Order: $ 148.384.00 Contract Times prior to this Change Order: Substa ntiaJ CampI atio n: Ready for final payment: (days or dates) Net increase (decrease) this Change Order: Su bstantial Co mpletio n: Ready for final payment: (days) Net increase (decrease) of this Change Order: $ 11.800~OO Contract Price with all approved Change Orders: $ 160.184.00 Contract Times with all approved Change Orders: Substantial Completion: Ready for final payment: (days or dates) RECOMMENDED: ACCEPTED: APPROVED: ATTEST; By: By: Clint DoIsbYJ Staff Engineer Co ns ulta nt By; Tammy de Weerd; Mayor By: William G~ Berg} Jr. City Clerk Date: Date: Date: Date: Approved by City Council: EJCDC 1910-8-8 (1996 Edition) Prepared by the Engineers Joint Contract Documents Committee and endorsed by The Associated General Contractors of America and the Construction S pacifications Institute. 4I~ KELLER. A.:: S.. S . .0. . c.. I..... A..~. T::. E..:. ~S A C01npany of Professional Engineers 131 S~W 5th Avenue} Suite A. Meridian, ID 83642 208-288-1992 · Fax: 208-288-1999 · WW\V~kdlerassociates~com March 8, 2005 Mr. Clint Dolsby, P.E. City of Meridian Public Works Department 660 Watertower Lane, Suite 200 Meridian, ill 83642 Re: North Slough Trunk Line Additional Services Proposal Dear Clint: We propose to provide additional se:rv:ices for construction surveying for the referenced project. This additional work was not included in our proj ect Agreement for Engineering Services Scope of Work. The additional services work is described below: Construction surveying will consist of construction staking the sewer line improvements at manholes, including two offsets, and at one station between manhole, and irrigation lateral improvements and crossings. The sewer service locations for individual lots will be staked by the developers of the proposed subdivisions. Work is estimated at $9,000. Survey and collect record drawing information on the constructed sewer line to monitor Contractor's conformity and for use preparing the record drawings.. Work is estimated at $2,800.. The total additional work is estimated at $11,800.. If you have any questions or need additional information, please call me. Sincerely, KELLER ASSOCIATES, INC. ~~ Dorm Carnahan, P.E. Proj ect Engineer DC/cw cc: File Meridian · Pocatello QUality Engineering to Satisfied Clients 1 03083/1/ 05.w 189 f {,. March 25,2005 MERIDIAN CITY COUNCil MEETING APPLICANT Mayors Office REQUEST Appointment of Traffic Safety Commission - Jim Fisher March 29,2005 (~._.:.. Department Reports ITEM NO. 6-A-l 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: IP o~ 11 J'iV' Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meeflngs shall become property of the City of Meridian. March 25,2005 MERIDIAN CITY COUNCil MEETING APPLICANT Mayors Office REQUEST Appointment of Fire Chief Department Reports March 29,2005 ITEM NO. 6-A*2 AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUilDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTH ER: yL ~~ Contacfed: Emailed: Date: Staff Initials: Phone: Materials presented at public meetings shall become property of the City of Meridian. March 25, 2005 MERIDIAN CITY COUNCIL MEETING APPLICANT City Attorney -- Bill Nary ( Department Reports March 29, 2005 ITEM N04 6-C-l REQUEST Proposed Solid Waste Collection Ordinance 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: J- Contacted: EmaiJed: Date: Staff Initials: Phone: Materials presented at public meetings shall become property of the City of Meridian.. March 25, 2005 MERIDIAN CITY COUNCIL MEETING March 29, 2005 APPLICANT Parks Department - Doug Strong REQUEST Update on Chateau Pari< Irrigation C.,... ..... Department Reports ITEM NO. 6-8-1 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 ('l o/{) Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meetings shall become property of the City of Meridian. ( (~ f. RECEIVED MAR 1 6 2005 To: Mayor and City Council Cc: Will Berg From: Doug Strong Date: March 15, 2005 Re: Chateau Park Irrigation City of Meridi~n city Clerk OffIce Parks Staff is requesting to be placed on the City Council agenda under department reports for the March 29, 2005 meeting for the following reason. ~ Elroy Huff, Park Superintendent will update the council on the Chateau Park irrigation as to the costs for improving the system. (Approximately 1 0 minutes) page 1 CHATEAU PARK IRRIGATION UPGRADE 3-27-05 Irrigation costs to meet requirements from Nampa Meridian Irrigation District Submersible pump and controls. $ 13,502.00 .New C- 400 clear water intake screen $ 927.00 Pi.ping from pump house to the park and Upgrade to the intake pipe under pump house $ 19,245.00 Electrical modification a.nd. hook up. $ 800~OO Contingency money for any .unforeseen problems. $ 4,000.00 TOTAl, $ 38,474.00 Elroy Huff Parks Dept. RECEIVED MAR 2 9 2005 C~ofMeridian City Cletk Office March 25, 2005 MERIDIAN CITY COUNCIL MEETING APPLICANT Robert Monson RZ 05-00 1 March 29,2005 ITEM NO. 22 REQUEST Ordinance - Request for a Rezone of ..249 acres from R-B to 0-1 zone for Robert Monson - 829 North Meridian Road 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: SANtT ARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: See attached Ordinance ( t t ~ Vu Confacted: Emailed: Date::3 X DS:- Phone: (3 \ cOl\1\5taff Initials: J.-f(. Materials presented at public mee ngs shall become property of the City of Meridian. (P..':..... C..:.. ~ NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.C. ~ 50-901(A) CITY OF MERIDIAN ORDINANCE NO. 05- II g 6 PROVIDING FOR RE-ZONING ORDINANCE An Ordinance of the City of Meridian granting re-zo.ning for land known as Robert Monson property commo.nly located at 829 Meridian Road, Meridian, Ada County, Idaho, more particularly described in Attachm.ent "A". This :parcel co.utains .249 acres more or less. Also, this parcel is SUBJECT TO all easements and. rights-of-way of record or implied. STATEMENT OF MERIDIAN CITY ATTORNEY AS TO ADEQUACY OF SUMMARY OF ORDINANCE NO. 05- 1/36 The undersigned, William L.M. Nary, City Attorney of the City of Meridian, Idal1o, hereby certifies that he is the legal advisor of the City and has reviewed a co:py of the attac.hed Ordinance No. 05- II g 6 of the City of Meridian, Idaho, and has found the same to be true and complete and provides adequate notice to the public pursuant to Idaho Code S 50- 90lA (3). DATED this 2~# day of Marc.h, 2005. ORDINANCE SUMMARY - REZONE OF RZ-OS-OOI - ROBERT MONSON PROPERTY - page 1 (i l ADA COUNTY RECORDER J~ DAVIO\hntARRO AMOUNT .00 7 BOISE IDAHO 03131/05 04:06 PM ~~~a~~~E~.~~~eQ~~~~i~f~g 1IIIIIIIIIIlI !~~l~~ll~111111111111 Merl dlan CI tv CITY OF MERIDIAN ORDINANCE NO. 06 ~ II DEi BY THE CITY COUNCIL: BIRD, DONNELL, ROUNTREE, WARDLE AN ORDINANCE (RZ-05-001 ROBERT MONSON) AT 829 MERIDIAN ROAD, MERIDIAN, ADA COUNTY, IDAHO AS DESCRIBED IN ATTAC.HMENT "A" OF THIS ORDINANCE AND RE-ZONING. CERTAIN LANDS AND TERRITORY, SITUAT.ED IN ADA COUNTY, IDAHO, AND WITHIN THE CORPORATE LIMITS OF THE CITY OF MERIDIAN; AND RE-ZONING THE LAND USE ZONING CLASSIFICATION OF SAID LANDS FROM R-8 (MEDIUM DENSITY) TO 0- T (OLD TOWN MERIDIAN) IN THE MERIDIAN CITY CODE; PROVIDING THAT COPIES OF THIS ORDINANCE SHALL BE FILED WITH THE ADA COUNTY ASSESSOR, THE ADA COUNTY RECORD.ER, AND THE IDAHO STATE TAX COMMISSION, AS REQUIRED BY LAW; AND PROVIDING FOR A SUMMARY OF THE ORDINANCE; AND PROVIDING FOR A W AIV.ER OF THE READING RULES; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1. That the following described land as evidenced by attached Legal Description l1erein incorporated by reference as Exhibit "A" is within the corporate limits of tl1e City of Meridian, Idaho, and that the City of Meridian has received a written request for re- zoning by the owner of said property, to-wit. Robert Monson. SECTION 2. That the above-described real pro.perty is hereby re-zoned fro.m R-8 (Medium Density) to Q-T (Old Town Meridian) in the Meridian City Code. SECTION 3. That the City has authority pursu.ant to the laws of the State of Idaho, and the Ordinances of the City of Meridian to re-zone said propertY4 SECTION 4. That the City has complied with all the noticing require.ments pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian to re-zone said .propertY4 SECTION 5. That the City Engineer is hereby directed to alter all use and area maps as well as the official zoning maps, and all official maps depicting the boundaries and the zoning districts of the City of Meridian in. accordance with this ordinance. RE-ZONE OF RZ-05-001 ROBERT MONSON PROPERTY - Page 1 of 3 SECTION 6. All ordin.ances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescind.cd and arululled. SECTION 7. This ordinance shall be in full force and effect fraIu and after its .passage, approval and publication, according to law. SECTION 8. The Clerk of the City of Meridian shall, within ten (10) days following the effective date of this ordinance, duly file a certified copy of this ordinance and. a map prepared in a draftsman manner, including the lands herein rezoned, with the following officials of the County of Ad.a, State of Idaho, to-wit: the Recorder, Auditor, Treasurer and Assessor and shall also file simultaneo.usly a certified copy of this ordinance and map with the State Tax Commissio.n of the State of Idaho. SECTION 9. That pursuant to the affirmative vote of one-half (1/2) plus one (1) of the Members of the full Co.uncil, the rule requiring two (2) separate readings by title and one (1) reading in full be, and the same is hereby, dispensed with, and accordingly, this Ordinance shall be in full force and effect upon its passage, approval and publication. PASSED BY T.RE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this 2q7'!: day of ,2005. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDA:HO, this Zq-e- day of m~ ,200 ATTEST: CITY CLERK /..... ~ c.: STATE OF IDAHO, ) ) SS~ County of Ada ) On this L day of M.(A.~ , 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 tIle Mayor and City Clerk, respectively, of the CITY of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that tIle City of Meridian executed tIle same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first a.bove written. (SEAL) _............., ,~ r_~ .".f. $~ 4'\C'E L. 3d" fI....., ,.~ ,..~ ....... :1')> ~ ~ "' .0 .rp ':. - OTA 0 ~ : ~ l(.r ~ : =*. tl: . . ..... 0 ..... l. X . · e ~ - · 4t h Co. ~ a. -r-'lJBL\ : : ~ f.P. · oe ~ ~ r ~ e. ~ 0 ~ f#I. "'" DC .0 ~ :e. #..#; 7 l~ *Q6",.u- 1~ ........ ~......... ",b" (j l' \ \> ~:"..,,,, ". "'. M..:. .....11.\...' RE-ZONE OF RZ-05-001 ROBERT MONSON PROPERTY - Page 3 of 3 Apr 20 2000 11:21AM J J <,-<,4.0 hi A R DEN G c.. ... .. 8~J;..R.822 p. 2 ... EXHIBIT "A" A parcel of land for the purpose of annexation being a portion of the El/2 of Lot 1'J Block 1 of West View Addition to Meridian, r~orded in Book 2 at Page 68, records of Ada County, situated in a portion of the NEl/4 of the SEl/4 of Section 12, Township 3 North, Range I West, Boise Meridian, City ofMeridi~ Ada COlUIty,. Idaho and more particuJarly described as follows: BEGINNWG at a brass cap monument marking the NE comer of said SEl/4~ said monument being the intersection of N. Meridian Road and W.. Pine Avenue, thence along the centerline of said N.. Meridian Road 8001345' IO"W a distance of 114.62 feet to a point and from which a brass cap monument marking the SE corner of said SEl/4 bears SOOQ45'lO~'W a distance of2537.79 feet; Thence leaving said cel1terline N89023 '30"W a distance of 162~ 74 feet to a 1/2 inch rebar; Thence NOoo35'53'~E a distance of 114.62 feet to a point on the centerline ofW.. Pine Avenue; Thence along said centerline 889023 ~ 30"E a distance of I 63 .05 feet to the POINT OF BEGINNING. Said parcel contains 0,,43 acres more or less and is subject to all existing easements and rights-of-ways of record or implied. ~ ~ \ \\ lY; ?Sj~:' \ l}~\'4 J~ \~ ?uet,; ~\O\~\'\ O~'{'\A ~\E.\['JOR~5 MonsQn_ boundary _Icgal_l I 2904pmb Apr 20 2000 11:21AM ~ t I 1 f I , ~ I J . 1Ul rAco ~ ::E~ ""U~ Z ~ 1 ftl~ j ~ ~ ~e fi fYlb ~~ I ~ ~ :l':I I ~ · . ! 28. 6 J ! I 1 , I I , I ~ 1 I .~ '- ~~ ~ ,I ~~,.. 0" ~~ ~ ~ I j .'.r__.. ~ ...5 o~6;45~16;'" VI .~_.-._, jj~06: . ,.,-..---1( ~~' ! 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March 25, 2005 MERIDIAN CITY COUNCIL MEETING APPLICANT Lonnie Johnson AZ 04-011 REVISED March 29,2005 ITEM NO. 21 REQUEST Ordinance - Request for Annexation and Zoning of 9.8 acres to R-8 zone for Alexandria Subdivision - 4205 North Locust Grove AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETrLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: See attached Ordinance [I rtJ Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meetings shall become property of the City of Meridian~ ADA COUNTY RECORDER J( . .'10 NAVARRO BOISE IDAHO 03/31/05 04:0tr r'M DE P UTY B onnfe Db erbi U;g RECORDED - REQUEST OF Meridian City AMOUNT .00 5 1111111111111111111111111111111111111 105038563 CITY OF MERIDIAN ORDINANCE NO. &:> -- II J ~ BY THE CITY COUNCIL: BIRD, DONNELL, ROUNTREE, WARDLE AN ORDINANCE (AZ-04-011 ALEXANDRIA SUBDIVISION) FOR PROPERTY LOCATED IN A PORTION OF THE SOUTH ~ OF THE NORTHEAST ~ OF SECTION 31, TOWNSHIP 4 NORTH, RANGE 1 EAST OF THE BOISE MERIDIAN, ADA COUNTY, IDAHO AS DESCRIBED IN ATTACHMENT "A" AND ANNEXING CERTAIN LANDS AND TERRITORY, SITUATED IN ADA COUNTY, IDAHO, AND ADJACENT AND CONTIGUOUS TO THE CORPORATE LIMITS OF THE CITY OF MERIDIAN AS REQUESTED BY THE CITY OF MERIDIAN.; ESTABLISHING AND DETERMINING THE LAND USE ZONING CLASSIFICATION OF SAID LANDS FROM RUT (ADA COUNTY) TO R-8 (MEDIUM DENSITY) IN THE MERIDIAN CITY CODE; PROVIDING THAT COPIES OF THIS ORDINANCE SHALL BE FILED WITH THE ADA COUNTY ASSESSOR, THE ADA COUNTY RECORDER, AND THE IDAHO STATE TAX COMMISSION, AS REQUIRED BY LAW; AND PROVIDING FOR A SUMMARY OF THE ORDINANCE; AND PROVIDING FOR A WAIVER OF THE READING RULES; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1. That the following described land as evidenced by attached Legal Description herein incorporated by reference as Exhibit "A" is within the corporate limits of the City of Meridian, Idaho, and that the City of Meridian has received a written request for re- zoning by the owner of said property, to-wit: LONNIE & KAREN JOHNSON SECTION 2. That the above-described real property is hereby annexed and zoned from RUT (Ada County) to R-8 (Medium Density) in the Meridian City Code. SECTION 3. That the City has authority pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian to annex and zone said property. SECTION 4. That the City has complied with all the noticing requirements pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian to annex and zone said property. ANNEXATION OF AZ-04...011 ALEXANDRIA SUBDIVISION.. Page 1 of 3 f \. SECTION 5. That the City Engineer is hereby directed to alter all use and area maps as well as the official zoning maps, and all official maps depicting the boundaries and the zoning districts of the City of Meridian in accordance with this ordinance. SECTION 6. All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. SECTION 7. This ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. SECTION 8. The Clerk of the City of Meridian shall, within ten (10) days following the effective date of this ordinance, duly file a certified copy of this ordinance and a map prepared in a draftsman manner, including the lands herein rezoned, with the following officials of the County of Ada, State of Idaho, to-wit: the Recorder, Auditor, Treasurer and Assessor and shall also file simultaneously a certified copy of this ordinance and map with the State Tax Commission of the State of Idaho. SECTION 9. That pursuant to the affirmative vote of one-half (1/2) plus one (1) of the Members of the full Council, the rule requiring two (2) separate readings by title and one (1) reading in full be, and the same is hereby, dispensed with, and accordingly, this Ordinance shall be in full force and effect upon its passage, approval and publication. PASSED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this 2t'f~daYOf ~M-~ ,2005. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this z.tf~ day of A~vJ:-, ,2005. ANNEXATION OF AZ-04-011 ALEXANDRIA SUBDIVISION - Page 2 of3 (U. . (.. . ATTEST: . t,~ ~, .. ", . .~~jf~~.q~;!t ,A~tiJ " ';. Of t~~P;;~~~i -4f/~.. :. ~ I. . ' .~4Q(~~.. i~~~~. f\~~_ ~, ~,r ~. t' .::::~~~. N .. - < - ~ Ii - . ."1-<..:r It ... e-<, .~. I ' · x Ii "~. ) ~! ~~ . SE~. s, 1...~ ~ ~ . : ~t;, .i . " . .. -fi 't'F. . . j.q . ',:. - ~ . . ~ ~~ ~~ ~.(P'-~< O~.~ !'~~Nf ~ Y ,~~jilJ;' r(f#~~~1W.;f/ ~ ,. ~~ lfifVJP ~.*tf~~ l;"f0 t~.~f)r.-?<~''f" CITY CLERK STATE OF IDAHO, ) ) ss. County of Ada ) .~ n-I ~ On this 0'1 day of MltrL-h.. ,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) I....' ,......",.I! :\.CE L. 8A~#~ ,.~ .....;'?'.;~, , -. .,.~ ~ ~OT A/ir .." '\ .. * . . -: 5 : ........ : * = : 0 : : ~ "PllBL\C I $ ~ ffl. .0 ... -;. ~ -0. .... 0 $ "fJl~_, otf r ..8.... , ~~ '!It" .+~. if (j Ii \ \) ~\o ,~,..., -V"'.\ -*t __....... ~ 110..,\1\\" ANN.EXATION OF AZ-04-011 ALEXANDRIA SUBDIVISION - Page 3 of3 ~~: . . EXHIBIT A Alexandria Subdiv.ision AZ-04-0 11 Legal Description $. e, rA. &~ 9n..c~ 5505 W. Franklin Road. Boise, Idaho 83705-1055 Alexandria Subdivision Annexation Description A parcel orland situatcio the south balfofthe northeast quarter of Section 31 of Township 4 North, Range I East of the Boise Meridian, being Lot 11 ofCrestwood Subdivision No- 1 as recorded in Book 28 of Plats at Pages 1757 and 1758 in the office of the Ada County, Idaho, Recorder AND adjoining Right-of- Way of North Locust Grove Road lying in said Section 31, being more particularly described as follo\ys: Commencing at a brdSS cap marking the northeast corner of said Section 3 I ; lhence 800007" 15'1~\V~ 1,661.98 feet along the east boundary of said Section 3 t to the extension of the northerly boundary of said Lot II, which is the POINT OF BEGINNING; Thence S89046''32'~W, 33~OO feel along said extension to the northeast corner of said Lot I I ; Thence continuing S89046~32~\V, 1,284~OO feet along the northerly boundary of said Lot I I to the northwest comer of said Lot 11; Thence SOoo09~26"W, 332~24 feet along the westerly boundary of said Lot I I to the southwest corner of said Lot II; Thence N89047'03"'.E, I ,284~21 feet along the southerly boundwy of said Lot 1 ] to the southeast comer of swd LOl II; Thence continuing N89047'03'~E, 33.00 feet along the extension of said southerly boundary to the east boundary of said Section 3 I; Thence NOoo07' 15'1~E, 332.44 feet along said east boundary to the POINT OF BEGINNING. The above-described parcel contains 1 O~05 acres, more or less. ~).--- z~ fn + ,..; ti ~ " ~ ~ ~ ~ =' ~ S n n 0- ~ () 5~ 0 (l p ~ ~ (l 0 ~ ~ 0 3 (l CD ~ ~ (l ~ Ci:?' ~ a~ og l...Il t"""'t'- ~z ~~ ~ tv o lJl ~Z (b. CIJ ~. ~ ~ ~o~ Pi- (j tI1 P~3: ~Q> ?J: .., ~ ero o < CD ~ P- U) n ~ ~ ~ tv o o l;J -c~ ~~ rr-. ,.. s= ~ ~~ F....-- C5 ~~ ~= /-- / (I t Oi W .b- U1 G> ::0 m m Z .:r ~ m z Tj ;u ~ ~ m o ;0 <: J] ~ _______--L________ (C ~ I i j 'J II /1 I /., I ------ ( 1 EXISTING HOME CJ'} 02:- ~ '1J M I I i I I . I I ~ . ---- I.. W I ~ I ~ I I I i I --I E. ::0 :;0 Gi ~ 5 z c ~ .X N. LOCUST GROVE ROAD (.,..~ March 25, 2005 MERIDIAN CITY COUNCIL MEETING RZ 04-018 March 29 I 2005 APPLICANT Irma Jean Phillips ITEM NO. 23 REQUEST Ordinance - Request for a Rezone of ~74 acres from l-o to C-C zone for Kinetico Quality Systems of Treasure Valley - 544 West Cheny Lane 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: SANtT ARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SElTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTH ER: .,.~ ~\ (I ~ Contacted: ~O...(V\<A- t'1\.l l r ~ Emailed: See attached Ordinance / f Date: 3/J.gI0!:::r~ Phone: ~95'- 050 7 Staff Initials: ~ Materials presented at public meetings shall become property of the City of Meridian. { .. ~:.... : . (>. .: NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.C. ~ 50-901(A) CITY OF MERIDIAN ORDINANCE NO. 05- II $ ~ PROVIDING FOR RE-ZONING ORDINANCE An Ordinance of the City of Meridian granting annexation and zoning for land located in a portion of the south ~ of the northeast ~ of Section 31, Township 4 North, Range 1 East of the Boise Meridian, Ada County, Idaho, more particularly described in Attachment "A"~ This parcel contains 9..80 acres more or less. Also, this parcel is SUBJECT TO all easements and rights-of-way of record or implied~ As surveyed by B & A Engineers, Inc~ as attached as exhibit "B" and is not based on an actual field survey. A full text of this ordinance is available for inspection at City Hall, Ci!y 9f~eridian, 33 East Idaho, Meridian, Idaho.. This ordinanc~ s? ,.. ..:_b~~~~~.<.effective on the z..'1?~ day of m ~vfv, , 2005. ~i;:rt Or' ~~:..t:-~:.~}~jf~;';~~;~~." , ,i4~- ..(;~. cPTh;o~~~~{[tf;.e~~~, ~~ .. ~ ~ . 11x, ~ _I'~ ..~~ ~ .~ By: William G. Berg, Jr~, City Clerk ~,r~ . .~~~ 1S~\ ~. ../:lI,.{:~i" ,~ ~'ri~~ ~~' ,:>>' First Reading. 'J / ~1,,-trJ 5' ~lt~f~~:~I~~~5~ y;.,~~!1Y:)~:} · t:/ ~'*~lXil ~1~~!P..r Adopted after first reading by suspension of the Rule as allowed pursuant to Idaho Code 50-902: YES)c NO Second Reading: Third Reading: ~ STATEMENT OF MERIDIAN CITY ATTORNEY A TO ADEQUACY OF SUMMARY OF ORDINANCE NO. 05- fF The undersigned, William L..M.. Nary, City Attorney of the City of Meridian, Idaho, hereby certifies that he is the legal advisor of the City and has reviewed a copy of the attached Ordinance No.. 05- ((.,gf) of the City of Meridian, Idaho, and has found the same to be true and complete and provides adequate notice to the public pursuant to Idaho Code S 50-901A (3)~ DATED this 21 day of March, 2005 William~ L.M~ Nary City Attorney ORDINANCE SUMMARY - AZ-04-031-MERIDIAN GATEWAY - page 1 ADA COUNTY RECORDER J. DAVID (: .RRO BOIS E IDAHO 03/31/05 04:06 PM .. DEPUTY Bonnie Oberbinig RECORDED - REQUEST OF Meri d i an CitV AMOUNT ~OD 5 1111111111111111111111111111111111111 105038565 CITY OF MERIDIAN ORDINANCE NO. tP~--1 / J7 BY THE CITY COUNCIL: BIRD, DONNELL, ROUNTREE, WARDLE AN ORDINANCE (RZ-04-018 KINETICO QUALITY SYSTEMS) LOCATED IN THE SOUTHWEST ~ OF THE SE ~ OF SECTION 1, TOWNSHIP 3 NORTH, RANGE 1 EAST OF THE BOISE MERIDIAN, ADA COUNTY, IDAHO AS DESCRIBED IN ATTACHMENT "A" OF THIS ORDINANCE AND RE-ZONING CERTAIN LANDS AND TERRITORY, SITUATED IN ADA COUNTY, IDAHO, AND WITHIN THE CORPORATE LIMITS OF THE CITY OF MERIDIAN; AND RE-ZONING THE LAND USE ZONING CLASSIFICATION OF SAID LANDS FROM L-Q (LIMITED OFFICE) TO C-C (COMMUNITY BUSINESS DISTRICT) IN THE MERIDIAN CITY CODE; PROVIDING THAT COPIES OF THIS ORDINANCE SHALL BE FILED WITH THE ADA COUNTY ASSESSOR, THE ADA COUNTY RECORDER, AND THE IDAHO STATE TAX COMMISSION, AS REQUIRED BY LAW; AND PROVIDING FOR A SUMMARY OF THE ORDINANCE; AND PROVIDING FOR A WAIVER OF THE READING RULES; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1. That the following described land as evidenced by attached Legal Description herein incorporated by reference as Exhibit "A" is within the corporate limits of the City of Meridian, Idaho, and that the City of Meridian has received a written request for re- zoning by the owner of said property, to-wit. Meridian Quality Water Systems. SECTION 2. That the above-described real property is hereby re-zoned from L-O (Limited Offi.ce) to C-C (Community Business District) in the Meridian City Code. SECTION 3. That the City has authority pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian to re-zone said property. SECTION 4. That the City has complied with all the noticing requirements pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian to alU1ex and zone said property . SECTION 5. That the City Engineer is hereby directed to alter all use and area maps as well as the official zoning maps, and all official maps depicting the boundaries and the zoning districts of the City of Meridian in accordance with this ordinance. RE-ZONE OF RZ-04-018 KINETICO QUALITY SYSTEMS - Page 1 of 3 SECTION 6. All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. SECTION 7. This ordinance shall be in full force and effect from and after its passage, approval and publication, according to lawt SECTION 8. The Clerk of the City of Meridian shall, within ten (10) days following the days following the effective date of this ordinance, duly file a certified copy of this ordinance and a map prepared in a draftsman manner, including the lands herein rezoned, with the following officials of the County of Ada, State of Idaho, to-wit: the Recorder, Auditor, Treasurer and Assessor and shall also file simultaneously a certified copy of this ordinance and map with the State Tax Commission of the State of Idaho. SECTION 9. That pursuant to the affirmative vote of one-half (1/2) plus one (1) of the Members of the full Council, the rule requiring two (2) separate readings by title and one (1) reading in full be, and the same is hereby, dispensed with, and accordingly, th.is Ordinance shall be in full force and effect upon its passage, approval and publication_ PASSED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this 2-q~ day of /?z.t:(/L,~ ,2005. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this ~q ~ day of ~ , 2005. ~.~ ~ ATTEST: ~-.~.-.. ,~,.\~~~\1i~~r~ Y de W.EERD ~_. f\ .Q1t. ~ u~~ .!~; ..~~T_ 1 .: ~1: ~ itVJd~~i~ ~~^ i...t;~~:~ .Jr ~~~ ~- :l..I1~~ ~~~ J.} .:.,. :~_., .. '~~. ~~ti;,~~1~+~. .~... . , /~ r^'. . ~ -~ .' ~. .~~ , (). .t , ~, -. '. . ~ (~ ,SI.Al.t.. Lt : :t , . , ~. ~~ ~ · :. . ,\dJ'~. ~~ .il \- ~'~ 1S1... ... ~.c.)::' , '. . ~ '.~~~ ~~ .~ '~Iitlbtt. . - ~ . ~n.:. .~ c,~ ,.~'. .. ,- '1.. ~~:;;:'- ~JW~.,_, . ~1~f ,~.~v~r.t RE-ZONE OF RZ-04-018 KINETICO Q~I/lr!.\~h~S.YSTEMS - Page 2 of 3 f..... . STATE OF IDAHO, ) ) SS~ County of Ada ) On this ulcrk day of ~'\Ctrvk , 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. I' ,.'.....,',..... ~..." ~ L. S At ~...~tP. ~....~,C ....... Il!L~ ~ ~ ~ o. o. -.:., ~ I ~". 0'61. ~ = "'.. o~ A[{} Clli -:. : : + t"J~: : . .... cPt t; : _*0 C:: ; \. "\." ~ .. .Pun~ 0<<0 S -:.: t. ~, t; 0 -'\. .... ~ tf. to,., ..- 4'" ~ 4>. ..( r '" \r .. C& .. ..:.I' ~ ," .. ...--3 I' ~ 1. \) ," ti..... ''1:!. lJ 1 ~}. t"'-" '-'....I,t........... to.. u -.."," (SEAL) RE-ZONE OF RZ-04-018 KINETICO QUALITY SYSTEMS - Page 3 of 3 r EXHIBIT A Kinetico Quality Systems RZ-04-018 Legal Description r.. ....... ~: ::,~l.:.,. ". " ( ... _..:tI~ ... . .. .. -~; TEALEV'S LAND ~~. llt~~'~~~lN.~ d _ (Ii 2501 Bogus 8asJn Rd~ . BoIse.: -Idaho 83702 (208) :ffJS.9638 · fux (208) 3BS-D696. + .- ..: ~ .~;:~~~> . Proje ct. N a.: 2805 Ds(e~ November 9t 2004 DESCRIPTION FOR , ~ PHtLUPS PROPERTY A paRtGI of land baIng 11 pgrtjon of the SW 1/4 of the as 1/4 of s8ct!on 1 * T.3N'1 R.1W'f B..M..t Meridfanf Ad~ county, ldaho~ as shown on Record of Surv"y No. · filed for record In .B1e office of the Ada County Reocfdel, Boj&e. Idaho under Instrument No. · and more particuJarJy deacrfbsd as foUawa: Commencing at brass cap marking the South 1/4 comer of said Section 1 ; thence along the SOuth boundal\' of said Section 1 · South 89001100- Eaat526.20 feet to a point; thanes . North 04110'fS. West 40.11 1aet 10 an rrcn pin on the Harth rig hi.. of-way line ot West Cherry Lane. aafd poJnt~b~'l the F'otNT QF BEGINNING: thenoe.conUnulng Nortf1 04~f0'1S- W.eat 1S2..46 feet to an Iron ~ln on the South boundary or MQrldfan Manor No. 1 SubcUvfslan. as fUsd for mcord In the cffice of the Ada Courlty Recorder. Bolsot Id;ho In faDok 33 of p~ at psgs 1989; thence atong ~afd South boundary · South 891161-00- East 160..67 feet to an iron pin markJng. the Southe;.st comer of sard Meridian Manor No. 1 .subdlvlston, ~aid point belng on Ih8 West boundary of Tedi S~dlv_rsrDn. 8S flied far reaard fn.ti1e.oMca..of the Ada County RecordarI 60198* Idaho In Book 35 of PJats 8t page 3022; th8nce along safd WeGt boundary . South O1~IDO Eut 18401 feet to .an Iron ~n on eakf North right-or-way line of Woot Cherry lane; theD~ aIMg aid North rlght-of-ws!j Boo , + , North 89"51'00- Welt 151,91 !eet to tl1e POINT OP BEGINNING, Said parcel of tand contalna 0.653 acral more or less. " t..~ud~~C_QG1.a..Mc1l):lt ~ ~ :> ~ ~ ~ ~ ;:J ~ ~~ ~ 2i ~ ~=i 011.. 1jQ!1 rJJ tJ ef A ~ ~ ~ H I o d < U t-f ~ ~ ~ ~ ( ~ I ~11i!iE ~ttli9~1 .a :lj M~~~ I ;~~III ~II I .Ieeaoo II e ~tt~ ~@~ ' m 8m-!~ ~ l5 i~ > I!J ;1 ~ ! Ittl = ~ rill! o iia~~ III i;!~; ~ :!~8tin ~ ~!i~~~ ~ ea::i;~1 ~ ~i & ~ ~I I ~ i;s! III l- e u ~ ~ I U rsl I ~ I i U ~ I ~ ~ fie: ,... ft :tc: D () Ii I I o ...H~ fd k.D .. Ol ;~! ~ ~B ~ I i ~ ~ ~ \ \(\ ~ J-- 0 ..I I 1 I I ci ,~ m I ::l I- I~ 3 Jil tI) 0 11) ..J <if E Ii #:.. I~~ n; fio II' E !~ 0 1:1) z -( IZ l I I z .( I 6 0: N I UJ 1- I: 0 H &i:Qf18'W 182'746~ -- -I ~I~ I illl UNPL.ATTED ..~ al B~ i~~; a ' ~I 5 ;lli= I F B! ~ bIJ;! ~ !i1il '~II~ J.D:W.S 'liD ~AIH ~ 9~ ~I!I a . ~~ L a i !i .. u 'tlj ~ avQU ~ tiiUoN - r:i I I Ii ~ {' / (. . March 25,2005 MERIDIAN CITY COUNCIL MEETING APPLICANT March 29,2005 ITEM NO. 24 REQUEST Executive Session per Idaho state Code 67-2345(lJra)(c)&(f} AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY AlTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUilDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meetings shall become property of the City of Mertdian~ ( . (' BEFORE THE MERIDIAN CITY COUNCIL C/C March 29, 2005 IN THE MATTER OF THE ) APPLICATION OF PINNACLE ) ENGINEERS, INC. FOR FINAL ) PLAT APPROVAL OF 33 SINGLE- ) " FAMI.L Y RESIDENTIAL BUILDING ) LOTS AND 3 COMMON LOTS ON ) 10.07 ACRES IN AN R-8 ZONE ) LOCATED AT 5995 NORTH ) JERICHO ROAD IN A PORTION ) OF THE SW 'l4 OF THE NE ~ OF T. ) 4N., R. IE., SECTION 30 ) ) ) CASE NO. FP-04-084 ORDER OF CONDITIONAL A PP"RO V AL OF FINAL PLAT This Inatter coming before the City Council for Final Plat approval pursua"nt to Meridian City Code S 12-3-7 on March 29,2005, and the Council finding that the Administrative Review is complete from Sonya Allen, Assistant City Planner for tIle Planning and Zoning Department, and MicllaeI Cole, Developmel1t Services Coordinator for the Public Works Department, dated: Hearing Date: March 29, 2005, to the Mayor and Council, and the Council having considered the requirements of the preliminary plat tIle Council takes the following action: IT IS HEREBY ORDERED THAT: 1. The Final Plat of "PLA T SHOWING ARCADIA SUBDIVISION LOCATED IN" A PORTION OF THE SW ~ OF THE NE ~ OF T. 4N"., R. IE., SECTION 30, "BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO 2005, HANDWRITTEN ORDER OF CONDITIONAL APPROVAL OF FlNAL PLAT FOR ARCADIA SUBDIVISION / (FP-04-084) page 1 Of 4 ( DATE: 01/28/05, SHEET 1 OF 2, PINNACLE ENGINEERS, _INC~", C-7 DEVELOPME.NT, .LLC, Developer, is Conditionally Approved subject to those conditions of Staff COlTIlnents as set forth in the Memorand.um to the Mayor and City COUI1Cil fro.m Sonya Allen, Assistant City Planner for tIle Planning and Zoning Department and Michael Cole, Develop.ment Services Coordinator for the Public Worl(s DepartInent, dated: Hearing Date: March 29, 2005, listing 21 SITE SPECIFIC REQUIREMENTS/FINAL PLAT and 8 GENERAL REQUIREMENTS, a true and correct copy of which is attached hereto Inarked Exl1ibit "A", and consisting of 5 pages, and by this reference incorporated herein, and the additional requirements from the action of the Council taken at their March 29, 2005 meeting as follows, to-wit 1. I Adopt the action of the City Coun.cil taken at their March 29, 2005 meeting, and specifically pertaining to the staff re.port, under Conditions of Approval, nUlnber 16A, such. now tlley read as follows: CONDITIONS OF APPROVAL 16. a. Include a fencing.plan in compliance withMCC 12-4- 10 and MCC 12-13-15-9~ Fencing is required along the micropatll in Lot 6, Block 1 and.. A 6-ft.. solid material fence is required around the perimeter of the subdivision. 2. The final plat u:pon which there is contained the Certification and signature of the City Clerk and the City Engineer verifying that the plat Ineets the City's requirements slla!1 be signed only at such time as: ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR ARCADIA SUBDIVISION / (FP-04-084) Page 2 Of 4 (.':<.-... .: . . (^'~_. . 1. TIle Plat dilnellsions are approved by the City Engineer; alld 2~ The City Engineer has verified that all off-site improvements are cotnpleted and/or the appropriate letter of credit or cash has beel1 issued guaranteeil1g the completion of off-site and required on-site improvelnents~ NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAKINGS ANALYSIS The Applicant is h.erebynotified that pursuant to Idaho Code 67-8003, tIle Ownerlnay request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not lTIOre than twenty-eight (28) days after the final decision concerning the Inatter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. Please take notice that this is a final action of the governing .body of tIle City of Meridian, :pursuant to Idaho Code ~ 67 -6521. An affected person being a person. WI10 has an interest in real pro.perty which may be adversely affected by this decision may, within twenty-eight (28) days after the date of this decision and order, seek a judicial review as provided by Cllapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting l1e.ld on the Jtli~ day of ~\~0J'0Y\ , 2005~ By: Attest: ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR ARCADIA SUBDMSION / (FP-04-084) page 3 Of 4 ( ~ By. . City Clerk's Office Dated: ~C)-6.-0S ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR ARCADIA SUBDNISION / (FP-04-084) page 4 Of 4 y~ (... . MAYOR TaJnlny de Weerd PUBLIC WORKS BUILDING DEPARTMENT (208) 898~5500 · Fax (208)898-955] PLANNING AND ZONING DEPARTMENT (208) 884-5533 ~ FAX 888-6854 CITY COUNCIL MEMBERS Kcitll Bird Cl1l;stinc DOllnell SJlaun Wardle Charles M. RountJ+ee STAFF .REPORT: Hearing Date; March 29,2005 To; Mayor, City Council and Planning & Zoning Commission From: Sonya Allen, Assistant City Planner cflf. Michael Cole, Development Services Coordinator (Y\ c.. Re: Arcadia Subdivision Final Plat approval of Tllirty-three (33) Sin.gte-Family Resid.ential Building Lots and Three (3) Common Lots on 10.07 Acres ill an R-8 Zone, by Pinnacle Engineers, Inc. (File No. FP-04-084). We have reviewed the above referenced submittals and offer the following comments, as conditions of approval. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: APPLICATION SUMMARY & LOCATION The ap.plicant, Pinnacle .Engineers, Inc., has applied for Final Plat approval of 33 single-family residential building lots and 3 common lots on 1 O~07 acres of land for Arcadia Subdivision. The current zoning designation for the proposed subdivision is R-8 (Medium Density Resid.ential). This subdivision will have a gross density of3.28 d.ujacre and a net density of 4.95 d.u./acre. Arcadia Su:bdivision is located approximately 'l4 mile south of Chinden Blvd. and Y2 nlile west of N. Locust Grove Rd~ in the NE ~ of Section 30, T.4N., R.tE. The common area lots within this subdivision consist of landscapil1g and open space and will be owned and maintained .by the Homeowners Association. The pressurized irrigation system within this development will be owned. and maintained by Settler's Irrigation District The submitted final plat substantially complies with the ~pproved preliminary plat for tl1is subdivision, Staff recommends approval of the final plat for Arcadia Subdivision with the comments and conditions stated :in this report FP -04-084 EXhibit "A" AI-cad ia SUb FP .doc (. .. Mayor & City Council Hearing Date: March 29,2005 Page 2 SITE SPECIFIC COMMENTS I FINAL PLAT 1. Applicant is to :meet all tenns of the approved alU1exation (AZ-04-021) and preliminary plat (PP-04-021). 2. The ap.plicant has indicated that the Settler's Irrigation District will own and. maintain tIle pressure irrigation system within this developlnent. The City of Meridian requires that pressurized irrigation systelns be supplied by a year-round source of water. If a creek or well source is not available, a single-point connection to the municipal water system sh.alI be required. If a single-point connection is utilized, the d.eveloper shall be responsible for the payment of assessments for the COffilTIOn areas prior to signature on tIle final plat by the Meridian City Engineer. 3. Fencing must .be in compliance with MCC 12-4-10 and. MCC 12-13-15-9. No sight o.bscuring fencing shall be placed near the micropath or tIle open space area .per Preliminary Plat Finding #C.2.b., pg. 3. 4. 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 Distri.ct and the Final Plat for this subdivision shall be recorded, prior to applying for building .pennits. 5. All development improvements, including sewer, fencing, micro-paths, .pressurized irrigatioll and landscaping shall be installed and approved prior to obtaining certificates of occupancy. 6. A letter of credit or cash surety in tIle amount of 110% will be required for all fe.ncing, landscaping, amenities, pressurized irrigation, sanitary sewer, water, etc~, :prior to signature on tIle final plat. 7. Sanitary sewer service and municipal water to this site shall be via extensions froln existing mains. Applicant shall provide a second water main feed for this .project from an adjacent development.. Said second feed shall contain a pressure reducing valve to separate this development form an adjacent pressure zone. Applicant will be responsible to construct the sewer and water Inains to and through this proposed developlnent, thereby making them available to adjacent properties. Subdivision designer to coordinate Inain sizing and routing with the Pu.blic Works Department. Applicant shall execute City of Meridian standard. forms of easements, for any mains that are required to provide servl.ce. 8. Complete the Certificate of Owners and accompanYIng Acknowledgment prior to signature on the final plat. 9. .Basis of Bearing on Plat does not match Basis of Bearing in Certificate of Owners please correct so they match. FP -04-084 EXhibit "A~' At.cadi a SUb FP .doc (.:...~.:.. {:~ . . . Mayor & City COUI1Cil Hearing Date: March 29,2005 Page 3 1 O. Revise year of platting in situate statement to reflect actual year of platting. 11. Graphically depict an 8-foot wide .public utilities, and drainage and irrigation easelnent along the east lot lil1e of Lot 4, Block 1; and Lot 1, Block 3. The extra width is due to an irrigation main. 12. Graphically depict a 13-foot wide public utilities, and drainage irriation eaSelTI.ent along the rear lot lines of Lots 2- 7, Block 1. The extra width is due to pressurized and gravity inigation Inains. 13. Graphically depict a IS-foot wide public utilities, and drainage irrigation easement along the rear lot lines of Lots 1-6, Block 3; and the southern lot line of Lot 7, Block 2. The extra easement is required by Settlers irrigation. 14. Lot 11, Block 3 does not meet minimum street frontage (65 feet). Adjust lots to meet minimUlTI requirements. 15. Applicant sllall be required. to pay Pu.blic Works development plan review, an.d construction inspection fees, as detennined during the plan review process, prior to signature on the final.plat per Resolution 02-374. 16. Revise the landscape plan dated 6/15/04, prepared by Pinnacle Engineers, Inc., as follows: a. Inclu.de a fencing plan in compliance with MCC 12-4-10 and MCC 12-13-15-9. Fencing is req.uired along the .micropath in Lot 6, Block 4 and a 6-ft solid material fence is required around the perimeter of the subdivision. b. One tree per 35 linear feet is required along the micro.path on Lot 6, Blocl( 4. c. A minilnum 5- ft. wide paved pathway with 5- ft. of landscapillg on each side is required. within the micropath lot. d. Include the square footage of open space and number of trees required per MCC in the calculations table. e. Additional trees are required per MCC 12-13-13-6 Mitigation Trees. Either revise the landscape plan to show the remaining required trees or apply to the Planning Director for Alternative Compliance (MCC 12-13-18). 11. Revise or add the following notes on the face of the plat dated 1/24/05, prepared. by Pinnacle Engineers, Inc.: (3.) Stike the words "excepting right of ways" (4.) Add note to face of.plat " A ten-foot wide public utilities, and drainage easement is hereby dedicated along all rear lot lines unless other wise dimensioned." 1 7 · Developer shall coordinate mailbox locations with the Meridian Post Office. 18. All development features shall cOlnply with the Americans with Disabilities Act and the Fair Housing Act FP-04-084 EXhibit "A" Arcadia SUb FP.doc ......-... . f~. t Mayor & City Coun.cil Hearil1g Date: MarcIl 29, 2005 Page 4 19. Please subluit all updated groundwater/soils lTIonitoring data to the Public Works Departlnent for review. Any drainage areas (detention/retention basins) must be designed to ensure that water is retained only during IOO-year storm events, and for a period of time not to exceed 24 hours. Sid.e slopes within drainage areas shall not exceed 3: 1. Any portio.n of a drainage area not improved witll sod/grass seed (or other approved landscaping) sllall not count towards the required o.pen space area. The .project engineer should pay close attention to the results of field studies detelmining the groundwater, soil type & and characteristics during the design al1d construction phases~ The engineer shall be required to certify that the street centerline elevations are set a tuinimum of 3-feet above the l1ighest established. normal groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least I-foot above. 20. Staffs failure to cite specific ordinance provisions or terms of the approved annexation or prelinlinary plat does not relieve the Applicant of res.ponsibility for compliance. GENERAL REQUIREM.ENTS 1. All inigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per City Ordinance 12-4-13. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or non-approval submitted. to the Public Works Department If lateral users association approval can't be o.btained, plans will be reviewed and approved .by the .meridian City Engineer prior to final plat signature 2. Any existing dOlnestic wells and/or septic systems within this .project will have to be removed from their domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells may be used for non-dom.estic purposes such as landsc~pe irrigation. 3. One hundred watt, high-pressure sodium streetlights will be required .at locations designated by the Public Works Departlnent All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections an.d/or fire hydrants. Final design locations and quantity are determined after power designs are completed by Idaho Power Company. The street light contractor shall obtain design and permit from the Public Works Department prior commencing installations. 4. Compaction test results must be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 5. Coordinate fire hydrant placement with. the City of Meridian's Public .Works Department. 6. Any tree over 4" in caliper that is removed. from the .property shall be replaced by installing additional trees, being the equivalent nUlnber of caliper inches of trees that were removed. Required landscaping trees will n.ot be considered as replacement trees for those trees that have to be removed. FP -04-084 EXhibit "A" Arcad ia SUb FP .doc Mayor & City Council Hearing Date: MarcIl 29, 2005 Page 5 (~.u,... . {,<...... :.. : 7. Applicant shall be responsible for application and compliance witll any Section 404 Permitting that Inay be required. by tIle Army Corps of Engineers. 8. Applicant shall be responsible for application and cOlnpliance with atld. NPDES Permitting that may be required by the Envirorunental Protectiol1 Agency. STAFF RECOMMENDATION Staff recolnmends approval of the final plat for Arcadia Su.bdivision with tIle above stated COlnments and conditions. FP-04-084 EXhibit "A~~ Arcadi a Su"b FP 4 dOC (:..::....... CITY OF MERIDIAN FINDINGS OF FACT, CO.NCLUSIONS OF LAW AND DECISION & ORDER In the Matter of a Request for a Rezone of 61.63 Acres from I-L (Light Industrial) and L-Q (Limited Office) to a C-G (General Commercial) Zone AND for a Conditional Use Permit for a Conceptual Planned Development for Commercial/Retail Uses for Approx. 615,430 sq. ft. of Building Area in a Proposed C-G Zone, by Hansen-Rice, Inc. Case No(s). RZ-04-017, CUP-04-054 For the City Council Hearing Date of: March 29, 2005 A. Findings of Fact 1. H earing Facts a. A notice of a public hearing was :pu.blished for two (2) consecutive weeks prior to tIle 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 h.earing before the City Council was posted upon the pro.perty under consideration more than o.oe wee.k before said hearing. All other noticing was done consistent with Idallo Code ~67- 6509. The matter was duly considered by the City Council at the March 29, 2005, public hearing(s). The applicant, affected property owners, and government subdivisions providing services witllin the plalming jurisdiction of the City of Meridian were given full opportunity to express comme.nts and sliblnit evidence~ b. Written and oral testimony was received on this Inatter, as reflected in the records of the City Clerk (for written testilTIOny) and in the official meeti.ng minutes (for oral testimony). c. TIle Planning and Zoning Commission cond.ucted a public hearing and issued a written recommendation for approval to the City Council. d. TIle City Council heard and took oral and written testimony and duly considered the evide.nce and the record in this .matter. 2. .Process Facts a~ There has been compliance with all notice and hearing requirelnents 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 MERI.DIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DEClSION & O.RDER CASE NO(S). RZ-04-017, CUP-04-0S.1 - PAGE 1 of5 c..: (':-. . 3. Application and Property Facts a~ In addition to the applicatio:n and property facts noted in the staff report and the Planning & Zoning Recoln.mendation for the subject applicatiol1(S), it is l1ereby verified tllat the pro.perty owner(s) of record at tIle tilne of issuance of these findings :is Elixir Industries of Gardena, CA (represented by Robert Cuthbertson). (Ten Mile Development, LLC has an option to pttrchase the property.) 4. Required Findings per Zoning and Subdivisio.u Ordinance a. See Exhibit E for the findings required for the Rezone application. b. See Exhibit F for the findings required for the Conditio.nal Use Permit application. B.. Conclusions of Law 1. The City of Meridian s.hall exercise the powers confe.rred. upon it by the "Local Land Use Platming Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. g67- 6503). 2. The Meridian City Council takes judicial n.otice of its Zoning, Subdivision and Developnlent Ordinances codified at Titles 11 and 12, Meridian City Code, and. all current zoning maps thereof. The City of Meridian has, by ordinance, estab.lisl1ed the Impact Area and the Amended Co.m.prellensive 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 govermnel1tal subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services req.uired by the pro:posed developnlent will not impose expense u:pon the public if the attached conditions of approval are imposed. 6~ That tIle City llas granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a co.py 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 Conceptual Site Plan dated 1/31/05 as shown in Exhibit B and the Conditions of Approval in Exhibits C and D.. The con.ditions are conclu.ded 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 DEe.ISION & ORDE.R CASE NOeS)L RZ-04-0 1.7, CUP-04-051 - .PAGE 2 Of 5 (:. i 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 l1erein adopted, it is hereby ordered that: l~ The applicant's CUP eonce.ptual Site Plan (dated 1/31/05, rev.) is hereby conditionally approved as follows: a. The conceptual layout on the property west of the N~ Rosario Street driveway extension is not approved as show.n. The applicant presented a hand drawn, cross-hatclled copy of the layout at the 3/29/05 public hearing which labeled this area as being developed with Inostly non-retail .uses. Specific uses will be reviewed as part of future detailed CUP applications.. The future uses include, but are not limited to, office, tlex space, clean industry, multi-family residential, sllowroom space, processing, and education. b. The Pine Ave.nue extension and expansion shall be completed as part of Phase 1 (recognizing no detailed phasing .plan is approved at this time and will .be submitted with the first detailed CUP application)~ c. The Eagle Road/SH 55 street buffer shall be designed in accordance with ITD's standards for street lighting, sidewalk width, and other design features as anticipated in the 2004 Eagle Road Arterial Study. d. The City Council understands tllat the landscaped median in Eagle Road. will not be constructed by the developer but that it will be constructed as .part of a future ITD project. However, this does not relieve the d.eveloper of providing some type of right-inJright-out traffic control device at the Commercial driveway if the Eagle Road median is .not constructed at the time the new driveway is constru.cted. e~ It is agreed that the future transit station along tIle Union Pacific Railroad, while not required to be constru.cted or bonded for by the developer at this tilDe, is an area to be preserved and incorporated into future detailed site plans. 2. The site specific and standard conditions of approval are as shown in Ex.hibits C and D. D. Notice of Applicable Time Limits 1. Notice of Eigllteen (18) Montl1 Conditional Use Permit Duration Please take notice that the conditional use permit sIlall be valid for a maximum period of eighteen (1.8) months unless otherwise a,pproved by tIle counciL During this time, tIle permit holder must COffilnence the use as permitted in accordance with the conditions of approval, satisfy the requirements set forth in tb.e conditions of approval, acquire building permits an.d commence construction of permanent footings or structures on or in the ground~ In tllis co.ntext "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 tIle project. If the complet.ion date specified for tIle project is exceeded, the conditional use application shall become null and void. However, the applicant may sub.mit an application for a time extension o.u the project for city council review. Th.e C.ITY OF MERIDIA.N F.INDINGS OF FACT~ CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S)+ RZ-04-0 17; CUP-04-0SI - PAGE 3 Of 5 r (" applicatiol1 for time extension sllalI be sublnitted at least thirty (30) days prior to the deadlil1e for completion of the .project For projects requiring platting, the final plat must be recorded within this eighteen (18) Inonth .period~ For projects witll multiple phases, the eighteen (18) month deadline shall apply to the first pllase. In the event that the develo.pment is lnade in successive contiguous segm.ents or multiple .phases, such. pllases s11a11 be constru.cted witllin successive intervals of one year fro.m the original date of approval .by the council. If the successive pllases are not submitted witl1in one year intervals, the conditional approval of the future phases sllalI be null and void. (MCC 11-17-4.B~) E. Notice afFinal Action and. Right to .Regulatory Takings Analysis 1. The Applicant is hereby notified. that pursuant to Idaho Code 67-8003, the Own.er may req.uest a regulatory taking a.nalysis. 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 far Judicial Review may.be filed. 2. Please take notice that this is a final action of the governing body of tIle City of Meridian, pursuant to Idaho Cod.e g 67 -6521 an affected .person being a person who has an interest in real property which may be adversely affected by the issuance or denial of the conditional .use pennit approvalluay within twenty-eight (28) days after tIle date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Ida110 Code. F ~ Exhibits Exhibit A: Legal Descri:ption Exhibit .B: Approved Conceptual Site Plan Exllibit C: .Rezone Comme.nts/Development Agreelnent Conditions of Approval Exllibit D: Conditio.n.al Use .Permit Co.uditions of Approval Exhibit E: Rezone Findings Exhibit F: Con.ditional Use Pennit Findings C.ITY OF MERIDIAN FINDfNGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NOeS)L .RZ-04-0 17, CUP-04-051 - PAGE 4 Of 5 (~., ..: C.'.:.':-... : '\ 11" +f" By action of the City Council at its regular meeting held on the c/U) AI~(l.\ ~ 2005~ day of COUNCIL IvIEMBER SHAUN WARDLE VOTED I ~ j~ ~'\ >l.{ tL ,,) VOTED Lil ( .rA J VOTED .A.h\ (.rlj~ I ..,/ VOTED tj.J CL - VOTED COUNCIL IvIEMBER CHRISTINE DONNELL COUNCIL IvIEMBER CHARLIE ROUNTREE COUNCIL 1vIE!\ffiER KEITH BIRD MAYOR T Al\11\1Y de WEERD (TIE BREAKER) Attest: and City Attorney. Dated: Sr 3-0C; CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). RZ-04-017, CUP-04..()51 ...PAGE 5 of5 ( ( EXHIBIT A Ten Mile Development RZ-04-017 & CUP-04-051 Legal Description UNLIMITED BOUNOARIES~ fNC..-OBA Bergey Land Surveying 1103 W. Main St. Middleton, ID 83644 Walt Neitz, P lS Doug BergeYt PLS Phone: 208~585.5858 Fax: 208.585419001 DESCRIPTION FOR ELIXIR INDUSTRIES FOR ANNEXATION & ZONING APPLICATION A PORTION OF THE SE ~ OF SECTION 8, T.3N., R.t E., B.M. MERIDIAN, ADA COUNTY, fDAI-IO A parcel of land being a portion of the BE ~ of Section 8, T.3N.~ R.1 E., B~M., Meridian, Ada County~ Idaho and being more particularly described as follows: Commencing at a brass cap marking the Southeast comer of said SE % of Seclion 8, thence along the Easterly boundary of said SE !/.a, North 0 1 029'03" East 1298.35 feet to the Northerly right-of- \vay line of the Union Pacific Railroadt the REAL POINT OF BEGINNING; Thence along said Northerly right-of-way line, North 88028'27" \Vest 70.00 feet to an iron pin; Thence continuing along said Northerly right-of-way line, North 88028'27n West 1303.29 feet to an iron pin; Thence along the Easterly boundary of that certain parcel of land conveyed by Elixir Industries to Upland Industries Corporation, as recorded in Instrument .No. 8226773~ Official Records of Ada CountYt Idaho, North 00032'01" East 450.00 feet to an iron pin at the Northeast comer of said Elixir to Upland Industries conveyance; Thence along a line parallel with said Northerly right-of-way line of the Union Pacific Railroad, North 88028'27" West 1219.64 feet to Westerly boundary of said SE ~ of Section 8; Thence along said Westerly boundary, North 00032'01" East 837.00 feet to a brass cap at the Northwest comer of said BE ~; Thence along the Northerly boundary of said SE ~, South 89Q54'01u East 2615.04 feet to a brass cap at the Northeast corner of said SE ~; Thence aJong the Easterly boundary of said SE ~:I South 01 029'03" West 1351.89 feet to the point of beginning~ comprising 66.27 acres, more or less. SUBJECT TO: f;r:~\: n 2 ?nn.L MERiDiAN puaUC ~"JORKS DEPT. Any easements of record or appearing on the above described parcel of land. c. EXHIBIT B Ten Mile Development CDP-04-051 Approved Conceptual Site Plan . ~ - ........... ""-..... ~ --.... ...... IIII.JiIo II: ..--..-.. ~ ~ ~.).. ts:r~~~~~ u / ~~...... tIWoII.... ~/.~ ~ _~O~~~~~ _;.~ ~~"'!'~ G4"":"~ ~::''II:'W -'-::E. ....: ~~~. :::r-::f-':="- ..... ...... ~ .2t i)IIN.:wr. II ~ ~.. \'::::~ .. ...... ~ .. - ~ .... -....,. . -- 1I'worI- . ~"'''''.;.a'EiI -GI" ...-..: ~: .. : :~k.a:;r ~ ..:J::...1IIIIIi~ .sq.Ao'I'T" ... .... -.................... ~~~ ==::::~ 10~~ iii. ~ ,J..,:J~ ~ ........ .. (iCt ..... .OPTION ^~ ~.;;; ~= r... (... ., EXHIBIT C Ten Mile Development Rezone Application, RZ-04-017 Comments & Development Agreement Conditions 1. The legal description submitted with the application appears to meet the requirements of tIle City of Meridian and State Tax COlTIlnission and places the parcel contiguous to existing city limits. 2. Prior to the Rezone ordinance approval, tbe property owner shall be required to enter into a Development Agreelnent (DA) with the .City of Meridian as a condition of rezone. The applicant sllall contact the City Attorney'! Bill Narv~ at 888-4433 to initiate this process. The DA shall require that: a. Uses shall .be restricted to those allowed in the C-G zone and as follows: The developer shall be required to incorporate a minimUlTI. of 50,000 square feet of professional office or non-retail use in the develop.1uent, in addition to the hotel. No more than 300,000 square feet of retail use shall be constructed before the developer receives detailed CUP ap.proval to d.emonstrate compliance with this condition. The Zoning Administrator is granted .authority through this DA to determine whether a future .use and/or site plan complies witll the intent of this agreement The future allowed uses on the property west of the N. Rosario Street driveway extension include, but are not limited to, office, flex space, clean industry, tnulti- falnily residential, sl10Wr00111 space, processing, and education4 Specific uses will be reviewed as part of future detailed CUP applications4 b. All future uses within the pro.perty boundaries shall .be required to obtain detailed Conditional Use Permit approval prior to construction. c. Based on the submitted Traffic Impact Study, a contin.uous right-turn lane is needed on Eagle Road for the proposed access .points. ITD s.hould require a tu.m lane for any access that is approved on Eagle Road, and should acquire sufficient right-of-way for those and any future improvements. The developer shall sub.mit written verification froIn ITD that this condition is complied with at the time of the first detailed CUP application on the site. d. A m.aximum of one (1) right-inlright-out access to Eagle Road is permitted (in addition. to the existing E. Pine Ave access)~ All access on Eagle Road shall be restricted to rigl1t-inlright-out operations only, and that medians be installed in Eagle Road to restrict the access :points, including tIle Co.mmercial Court access. Ten Mile Development - RZ-04-0 17 - Findings of Fact and Conclusions of Law - Exhibit C Page 1 of2 f~ .<-... .. \~.:. .. . (::.~.... . e. The current layout of the site requires trucks to access Eagle Road to serve tIle proposed uses. The ~p.plical1t shall design the site to eliminate tIle need for Eagle Road access for trucks. f. All roof-tn.ounted HV AC and other mechanical equi:pment shall be screened so as not to be visible from either Eagle Road/SH 55 or E. Pine Avenue abutting the property. g. All loading docks, compactors, elnergency generators, trash collection, outdoor storage or similar facilities and functions shall be incorporated into tIle overall building and/or landscape design so that the visual and acoustic impacts of said functions are minimized. h. The Eagle Road street buffer area shall .be designed in accordance with ITD's standards for street lighting, sidewalk width, and other design features as anticipated in the 2004 Eagle Road Arterial Study. It is agreed that the landscaped Inedian in Eagle Road will not be constructed by the applicant but that some rigllt-inJright-out traffic control device is required. 3. Any existing domestic wells will have to be relTIoved from their dOill.estic service per City Ordinance Section 9-1-4 and 9-4-8. All septic system(s) will have to be relTIoved from their domestic service per City Ordinance Section 9-1-4 and 9-4-8, when service becomes available to this site.. Wells .may be used for non-domestic purposes such as landscape irrigation. 4. All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the parcel shall be tiled per City Ordinance 12-4-13. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association (ditch. owners), with writte.n approval or non-approval submitted to tIle Pu.blic Works Department. If lateral users association approval can't be obtained, :plans wi]l be reviewed and approved by the Meridian City Engineer :prior to final plat signature. 5. Any future subdivision, uses and construction on this property shall comply with tIle City of Meridian ordinances .in effect at the time. Ten Mile Development - RZ-04-017 - Findings of Fact and Conclusions of Law - Exhibit C Page 2 of2 ('.... EXHIBIT D Ten Mile Development Conditional Use Permit Application, CUP-04-051 Conditions of Approval SITE SPECIFIC CONDITIONS (CONDITIONAL USE PERMIT/PD) 1. All conditions of the accompanying Rezone application (including the Developlnent Agreement) shall also be considered conditions of the Co.nditionaI U se/PD application. 2~ The Conceptual Master Site Plan labeled "Option A" (updated 1/31 /05 .by Hansen-Rice, Inc~) is hereby approved, with the following modifications: a. Increase the amount of outdoor open space/patio area around the hotel site; b. Clearly depict/label the continuous pathways thrOUgl1out the site; c~ An overall .phasing plan shall be submitted with the first detailed Conditional Use Permit ap.plication for this project Revisions to tIle phasing .plan may be ap.proved by the Planning Director or his/her assigns if changes to the plan are requ.ested~; d~ Per MCC 12-13-11-2.B., provide a minimU1TI five (5) foot wide landscape strip along the entire south property line~ e. The conceptual layout on the pro.perty west of the N. Rosario Street driveway extension is .not approved as shown. The ap.p.licant presented a hand drawn, cross- hatclled copy of the layout at the 3/29/05 public hearing which labeled tllis area as being developed with mostly non-retail uses. Specific uses will be reviewed as part of future detailed CU.p applications~ The future uses include, but are not limited to, office, flex space, clean industry, multi-family residential, showroom .space, processing, and ed.ucation. 3. P.riar to the first detailed CUP ap.plication bein.g submitted, the applicant shall submit an easelnent or other legal document that preserves the area between tIle UPRR right-of-way and tIle main street boulevard area as a pu.blic pedestrian area to allow for use of the potential transit station~ Coordinate said document with the Planning & Zoning and Legal Department staff. 4~ No new buildings are approved for co.nstruction under this co.nceptual CUP/PD application (File No. CUP-04-051). All future buildings shall require approval of a detailed. CUP prior to submittal of any Certificate of Zoning Compliance application and/or building permit. 5. The develo.per shall be respo.nsible to create a system for tracking all required parking and open space throughout the course of the develo.pment and su.b.mit an update with each Certificate ofZo.ning Compliance. Ten Mile Develop.ment - CUP-04-051 - Findings of Fact and Conclusions of Law - Exhibit D Page 1 of? C.. 6. Provide at least two atnenities, as ap.proved .by tIle City Council, for the Planned. Developlnellt~ The Planning & Zonil1g Commission recomtnends the following amenities be required of the developer: a~ A Ininimum of 10% of the gross area of the site (or 6~2 acres) shall be ilnproved as open. space at site build-out, exclusive of the Eagle Road and _E~ Pille Avenue street buffers~ This open space may include all outdoor patio/plaza areas that are beyond the standard 5-foot sid.ewalk required by Meridian City Code~ b~ A minimum 10-foot wide lTIulti-use pathway that generally extends frOlTI the northwest corner of the site to the rail transit station in tIle southeast corn.er. c~ If th.e develo.per constructs or posts surety for the future bus stop on E. Pine Avenu.e, this shall be deemed a project alnenity~ 7. Off-street .parking shall be provided in accordance with Section 11-13 of the City of Meridian Zoning and Developlnent Ordinance~ All vehicular use areas shall be paved in accordance with Meridian City Code. 8~ Underground year-round pressurized irrigation .m.ust be provided to all lots within this development (MCC 12-5-2~N). The applicant has not indicated WI10 will own and operate the required pressurized irrigation system within this developlnent TIle City of Meridian. requires t11at pressurized irrigation systerns 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 systeln shall he 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 landsc~.pe areas per the a:pproved specifications and in accordance with MCC 12-13-8 and MCC 9-1-28~ 9~ Unless a waiver is specifically granted by City Council, all inigation ditches, laterals or canals, exclusive of .natural watelways, intersecting, crossing or lying adjacent and contiguous to the parcel shall be tiled per City Ordinance 12-4-13. Plans will need to be approved by the ap.propriate irrigation/drainage district, or lateral users association, with written cOll.firmation of said ap.proval submitted to the Public Works Department. lO~ All fencing shall be installed in accordance with MCC 12-4-10. If no permanent fencing is pro.vided, temporary construction fencing to contain debris lTIUst be installed around the .perimeter prior to issuance of a building permit. 11 ~ A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to tIle City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. Storm water treatment al1d dis.posal must be designed in Ten Mile Develop.ment - CUP-04-051 - Findings of Fact and Conclusions of Law - Exhibit D Page 2 of7 (." .. c..:.. ....~... :. .. accordallce with Departlne.nt of Environmental Quality 1997 .publication Catalog of Storm Water Best Managem.ent Practices for Idallo Cities and Coullties and City of Meridian standards al1d policies~ Off-site disposal into surface water is prohibited unless the jurisdiction Wl1ich llas authority over tile receiving stream provides written authorization prior to develoPlnent plan. approval. The applicant is responsible for filing all necessary ap.plications with the Idaho Department of Water Resources regarding Shallow Injection Wells. 12~ The applicant will be responsible to construct the water mains to and thrOUgll this proposed development (looped)~ Project desigtler to coordinate main sizing and routing and new easements witll the Public Works Departtne.nt Please provide the Public Works Department with information on anticipated fire flow and dOlnestic water requirements for tIle proposed site. Flow and pressure from the existing mains should be monitored with the Meridian Water Department 13. No Parking signs and painted curbs will .be required for all Fire Lanes~ Paint the curb red and .provide signage "No Parking Fire Lane"~ 14. The applicant s.hall coordinate the location and design of trash d.umpsters with San-itary Services COlnpany (SSe) staft: Trash enclosures must be built in the location and to the size approved by sse. Prior to Certificate of Zoning COlnpliance (CZC) submittal, the applicant shall submit a revised site plan, starn.ped approved by sse, for the proposed trash enclosure location and design~ All d.umpster(s) must be screened in accordance with MCC 11-12-1.C~ 15 ~ No building or other structure shall be erected, .moved, added to or structurally altered, nor shall any building structure or land. be established or change in use on tllis site without first obtaining a Certificate of Zonin.g Compliance (CZC) frOlTI the Meridian Planning and Zoning Department (MCC 11-19-1)~ 16~ All required improvements lTIUst .be com.plete .prior to o.btaining a Certificate of Occupancy for tIle proposed development. A temporary Certificate of Occupancy tuay be obtained by providing surety to the City in the fann of a letter of credit or cash in the amount of 11 0% of the cost of the required improvements (including :paving, striping, landscaping, and irrigation). A bid must accompany any request for temporary occupancy~ Any temporary occupancy will not exceed 60 days to complete the required improvements. 17. Tl1is conditional .use permit sllalI be valid for a maXilTIUlTI .period of 18 months. If construction has not begun within this timeframe, a new conditional use :permit lUUSt be obtained prior to the start of development 18. TIle Pine Avenu.e extension and ex.pansion shall .be completed as part of Phase 1 (recognizing no detailed phasing plan is approved at tllis time and will .be submitted with the first detailed CUP application)~ Ten Mile .Development - CUP-04-051- Findings of Fact and Conclusions of Law - Exhibit D Page 3 of7 {o" (. /0 [\ 19~ The developer shall provide some type of right-in/rigl1t-out traffic co.ntroI device at tIle Commercial driveway if the Eagle Road Inedian is not constructed at the tilTI.e tIle 11ew dri.veway is constructed. 20. It is agreed tllat the future transit station alo.ng the Unio.n Pacific Railroad., while not required to be constructed or bonded for by the develo.per at this time, is an area to be preserved and incorporated. into future detailed site plans. GENERAL REQUIREMENTS (CONDITIONAL USE PERMIT/PD) 1. Outside lighting shall be designed and placed in su.ch a InalU1er as to elilninate glare and illumination of tIle adjoining roadways and properties, in accordance with City Ordinance Section 11-13-4.C. 2. All signage shall be in accordance with the standards set fortll in Section 11-14 of tIle City Zoning and Development Ordinance. 3. All constru.ction shall conform to the requirelne.nts of the Americans with Disabilities Act 4. Applicant's (or successor's) failure to comply with an.y of the terms of approval of the conditional use permit shall be cause for revocation of the conditional use penni t OTHER AGENCY/DEPARTMENT COMMENTS/CONDITIONS MERIDIAN :FIRE DEPARTMENT CON.DITIONS 1 ~ All Fire Department Connections (FDC) must be within 1 00 feet of a fire hydrant. 2~ Applicant sIlaIl co~ply with Appendix D of the International Fire Code for access to all building walls with a heigllt of 30 feet or greater (including parapets). It may be necessary to increase fire lane widths to 26 feet. 3 ~ Applicant sIlall coordinate. Wit11 the Meridian Fire Department and prepare an addressing plan for the site. 4. All driveways located bellind buildings (as depicted on the conceptual site plan) shall be :posted as "No Parking~" 5. Acceptance of the water supply for fire protection will .be by tlle Meridian Water Department 6. Final Approval of the fire hydrant locations shall be .by tIle Meridian Fire Department a. Fire Hydrants shall have the 4 !;2" outlet face the main street or parking lot aisle. b. TIle Fire hydrant shall not face a street whic:h d.oes not have addresses on it. Ten Mile Development - CUP-04-051 - Findings of Fact and Conclusions of Law - Exhibit D Page 4 of7 /~~"~" "" t" " ~""" " c. Fire hydrant markers shall be provided per Public Works spec. d. Locatiol1S with fire hydrants shallllave the curb painted red 10' to each side of the hydrant location. e. Fire Hydrants shall be placed on corners. f. -Fire hydrants shall not have any vertical obstructions to outlets within 10'. 7 ~ All entrance and internal roads shall have a turtling radius of 28' inside and 48' outside. 8. Provid.e a 20' wid.e fire lane for all internal and external roadways. 9. Insure that all yet undevelo.ped parcels are tnaintained free of combustible vegetation. 1 O. Operational fire .hydrants and telnporary or permanent street signs are required before combustible construction .begins. 11. Fire lanes and streets shall have a vertical clearance of 13 '6". This includes mature landscaping. 12. Com.mercia] and office occupancies will require a fire- flow consistent with the International Fire Code to service the .proposed project Fire hydrants shall be .placed an average of300' apart. 13 . Maintain a s~paration of 5' frOlTI the building to the dumpster enclosure~ 14. All portions of the b.uildings located on this project must be within 150' of a paved surface as Ineasured around the .perimeter of the building. 15. Fire Sprinklers will be required for all buildings associated with this .project. 16. Provide exterior egress ligllting as required by the International Building & :Fire Codes. 17~ Provide a Knoxbox entry systeln for the complex~ 18. The fire department requests that any future signalization installed as the result of the developme.nt 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 tIle developer. 19. No Parking signs and painted curbs will be required for all Fire Lanes. Paint the curb red and provide signage ''No Parking Fire Lane". 20. Please contact the Fire Marshal at 888-1234 to work specific issues associated with this .project. Ten Mile Development - CUP-04-051 - Findings of Fact and Conclusions of Law - .Exhibit D Page 5 of7 (..:. :... ( SANITARY SERVICE CO. CONDITIONS 1 ~ sse has no comments related to this application at this time. PARKS & RECREATION DEPARTMENT CONDITIONS 1. Pathway and Trail standards: TIle proposed patl1way and/or trail shall meet the standards as set forth in the August 2003 Comprehensive Parks and Recreation SystelTI Plan, pgs. 3-2 and 3-3, sections B & C. 2. Standard for City to assume Maintenance of a section of Pathway: The patllway must connect from one Inajor arterial to another, and eitller an easelnent or ownershi.p deed must be granted before the city will assume the Inaintenance of any section of pathway~ ADA COUNTY HIGHWAY DISTRICT A. Site Specific Conditions of Ap.proval 1. Construct Pine Street abutting the site and dedicate sufficient right-of-way to accolnmodate the improvements~ The applicant will .not be compensated for any improvements or right-of-way. TIle roadway shall be improved to a 5-1ane section with bike lanes on the south side, as well as curb, gutter, and a 7-foot attached sidewalk, or a 5-foot detached sidewalk separated from. the roadway .by a lninimum 5-foot wide landscape strip~ At the intersection of Eagle Road, additional turn lanes will be required on Pine Street to provide a 7-lane street section (2 westbound tlrrougll1anes, 2 northbound turn lanes, 2 eastbound throngll lanes, 1 southbound right turn lane). The roadway shall be impro.ved abutting tIle entire site. 2~ The proposed driveway on Pine Street in alignment with tIle Regence driveway on tIle nortll side of the street, located 320-feet west of Eagle Road, is :not app.roved~ The driveway shall be located a miniInum of 470-feet west of Eagle Road, to provide sufficient offset troIn the intersectio.n, and a minimum l5D-feet of offset from the Regence d.riveway. 3. Construct a driveway in alignme.nt with Rosario Street, as proposed~ 4~ Constru.ct a driveway in alignment with Hickory Street, as proposed~ 5. The proposed .public street off of Pine Street intersecting Hickory is not approved. A driveway may be constructed in this location~ 6. .Provide a $1 05,000 road trust deposit for the cost of the signal at Hickory and Pine. 7. Stacking requirements at the Hickory/Pine intersection shall be as recolUlllended .by th.e supplement to the traffic impact study. Single left turns will be sufficient at this intersection, and for eastbound traffic a through-right is sufficient for a 5-lane road.way. Ten Mile Development - CUP-04-051 - Findings of Fact and Conclusions of Law - Exhibit 0 Page 6 of7 t.. . (~........ . 8. Comply witll all Standard Conditions of Approval. IDAHO TRANSPORTATION DEPARTMENT (The following conditions were submitted to the City Clerk in a 12 -17 -04 letter from Dan Coonce, District Traffic Engineer.) 1. N.o direct access will be allowed to Eagle Road. This section of SH-55 has been designated a Principal Arterial Type IV. ITD would like the City of Meridian to help us preserve this conidor. 2~ Noise abatement (be.rms, fences, etc.) will be the responsibility of the applicant and will be constructed off of the State Right of Way. See enclosed Noise Abatement Measures. 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 lTIUst be submitted to and approved by tIle Idaho Departmel1t of Healtll & .Welfare, Division of Enviro.runel1tal Quality. 3. Run-off is not to create a mosquito breeding .problem. 4. Sto.rmwater sllall.be pretreated tllfough a grassy swale prior to disc,harge to tIle su.bsurface to .prevent impact to groundwater and surface water quality. 5~ TIle Engineers and arc.hitects involved with the design of the subject project sIlall obtain current best manage.ment practices for storm water dis.posal and design a stormwater managelnent system that prevents groundwater and surface water degradation. Ten Mile Development - CUP-04-051 - Findings of Fact and Conclusions of Law - Exhibit D Page 7 of7 (" EXHIBIT E Rezone F.indings Ten Mile Development (File RZ-04-017) The City Council hereby a.pproves the following findings of the Planning & Zonin.g Cormnission: According to Ordinance 11-15-1 1. General Standards Applicable to Zoning Amendlnents, both the P&Z Commission and Cotineil are reqLlired Hto review the particular facts and cirCtlmstances 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. 1) The following is the list of standards found in 11-15-11: "A. Will the new zoning be harmonious with and in accordance with the Comprehensive Plan and, if not, h.as there been an application for a Comprehensive Plan amendment; The proposed C-G rezone is harmonious witll and in accordan.ce with the Future :Land Use Map of the COlnprehensive Plan for the site~ The ap.plicant l1as submitted an ~pplication for a Comprehensive Plan :map amendment for the western 22 acre portion of the property (curre.ntly designated "Industrial"). The proposed C-G zone is harmonious with the Mixed Use-Regional (MU-R) designation for the eastern .portion of the site. The purpose of the MU-R designation is to provide for a combination of compatible land uses that are typically develo.ped under a master or conceptual plan and to ide.ntify key areas whicll are either infilI in. nature or situated in highly visible or transitioning areas (Page 97, 2002 COlnprehensive Plan). The conceptual site .plan shows a Inix of uses, w.hich is not in conform.ance with the intent of the MU-R designation. The proposed future transit center along the railroad is harmonious witl1 th.e Future Land Use Map, which designates a "floating" center in this general location~ B~ Is the area included i.n the zoning amendment intended to be rezoned in the future; If the subject Rezon.e applicatio.n (RZ-04-017) is approved, the Commission does not anticipate that the applicant intends to rezo.ne the subject pro.perty 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 D.ew zoning - for example, a Ten Mile .DevelopUlent - RZ-04-0 17 - Findings of Fact, Conclusions of .Law & Decision and Order - Exhibit E page 1. of5 I. \:. ... residential area turning into commercial area by means of conditional use permits; The ap.plicant is proposing to construct a retail center in the proposed C-G zone; retail uses are a pennitted use in the C-G zone" No other uses are shown on the master site plan" Assulning all future uses are constructed in accordance with adopted city ordinances, the Com.mission finds the area would be developed per the C-G district. D. Has there been a change in the area or adjacent areas which may dictate that the area should be rezoned. For example, have the streets been widened, new railroad access been developed or planned or adjacent area being developed in a fashion similar to the proposed rezone area; The Cormnission finds tl1at the signalized intersection of Eagle Road/Pine Avenue, if ilnproved per ACHD and ITD standards and per the TIS submitted with the application, is a change in the vicinity that could support retail uses. In addition, Presidential Subdivision at the northeast comer of Eagle and Pine is currently being improved with services and retail uses.. Pine Avenue is not in the current ACHD Five-Year Work ProgralTI for widening but is proposed to be improved witl1 this ap.plication (to their west .boundary - not to Locust Grove)4 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; Under the existing I-L zoning and under the Future Land Use Map (for the western 22 acres), the intended character of a:pproximately 50-60% of the immediate vicinity is industrial-oriented4 T.he existing uses south and west of the site are light industrial. Gerntone Center S.ubdivision north of Pine Avenue, while I-L zoned, is permitted to construct professio.nal office, which would blend witll retail development The intended uses within the eastern half of the subject property are both retail and office (and other possible uses)4 The applicant's master site .plan shows retail uses and a hotel as well as potential office uses above tIle retaiL TIle Commission finds that the pro.posed usee s ) will be designed, constructed, operated and maintained to be hannonious and appropriate in appearance with th.e existing and intended character of the majority of tIle land in the general vicin.ity~ F. Will the proposed uses not be hazardous or disturbing to existing or future neighboring uses; In general, the COlnmission finds the proposed retail center will not .be hazardous or disturbing to existing or future neigllboring uses. The primary impacts created Ten Mile Development - RZ-04-017 - .Findings of Fact, Conclusions of Law & Decision and Order- Exllibit E page 2 Of 5 t.. .. . c. by the developlnent will be traffic and light related. TIle nearest residential uses are in Crossroads Subdivision, approxim.ately 1,000 feet east on the north side of Pine Avenue~ East of Eagle Road, Pine Avenue is already widened to 5 lanes~ 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 establis.hment of proposed zoning amendment shaD be able to provide adequately any of such services; The Commission finds that the project can be provided sanitary sewer and water service via the existing maills on and adjacent to the project site~ The Public Works Department must have an opportunity to review further civil drawings for the sewer re-routing plan. On Dece.mber 3, 2004, a joint agency/departlnent COffilnents lueeting was .held with representatives of key service providers to this property. See detailed conditions from these agencies at tIle end of this report. All public services and facilities noted above appear to .be adequate to serve this pro.perty. The COffilnission and Council should rely upon co:mnlents submitted by tIle ACHD, tIle Meridian Fire Department, the Meridian Parks Departme.nt and any other agency providing service to this parcel when determining serviceability. 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, utilities and. irrigation services to serve the project. In addition, ACHD is requiring the develo.per to construct a new traffic signal at the Pine/Hickory intersection~ The :primary public costs to serve the project will be fire and police services. Staff finds there will not .be excessive additional requirements at public cost for public facilities and services. The Rezone application (and CUP) luakes several references to a future U.PRR transit center as au asset to this development. This is in general confoffilance with the Co.mprehensive Plan which identifies this location for a transit stop as well. If tIle CUP/PD application and co.ncept plan are approved, including the transit center, there will likely be public ful1ds involved in tIle construction of said transit center. 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; Ten Mile Development - RZ-04-0 17 - .Findings of Fact, Conclusions of Law & Decision and Order- Exhibit E page 3 of5 (r.....~... . c..... As noted in lTIOre detail under Finding J, the proposed uses will generate significal1t levels of new traffic. TIle Conunission recognizes that traffic and noise will increase with the approval of any development 0.0 this parcel. The Commission believes that the amount of traffic generated. by the .proposed use(s) will not be detrimental to the general welfare of the traveling p.ublic if all traffic controls and Initigation standards recollllnended by ACHD are e.nforced/ constructed. 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; As currently proposed (with tllree vehicular access points on to Eagle Road), the Commission finds the approaches will be designed as not to create an interference with Eagle Road traffic. (See ITD' s recommendation from the .Eagle Road Arterial Study .below~) The applicant's traffic engineer, Gary Funkhouser, prepared. a Transportation Im:pact Study and a detailed supplement to the study which. outlines tIle pro.posed vehicular approaches, traffic impacts and pro.posed road.way :improvements~ A SUlmnary of the TIS was in.eluded in the ACHD staff report. ACHD believes the need. for a new signal at the Pine Street/Hickory Street intersection is solely related. to the development of this property and that tIle developer would need. to provide a $105,000 road trust deposit for the signal. ACHD has made several "Special Recommen.dations" to the City of Meridian and ITD in their report. TIley also believe the .proposed truck access to Eagle Road sllould. be eliminated and relocated to Pine Ave. At tlleir January 11, 2005 Ineeting, the Meridian City Council signed a letter of su.pport for the ITD Eagle Road Arterial Study (dated April 2004, by Cambridge Systematics). Specifically, the report contained three (3) recommendations that impact the segment of Eagle Road between Franklin Road. and Fairv.iew Avenue: Section 3 ~2'l # 1.. page 3: "Where a single large parcel is cleveloped. . ~, m.unicipal planning and zoning procedures should require identification of a feasible internal (i.e. off the state highway) circulation plan to Ininimize the nu.mber of direct access points to the state route, and to identify local road construction or modification needs to provide the level of access required by the new development~" Sectiol1 3 .2~ #2" page 3: "Secondary access," as used in th.e ITD access rnanagelnent policy, should be defined as access to cross streets, rather than to Eagle Road. itself. .Wherever possible, secondary access sho.uld be directed to signalized. locations on those cross streets." Appendix B~ Segment 2 map: Recommends adding a landscaped median, median/sidewalk lighting and other features with no break (except Pine Ave~) in front of the subject parcel. Ten Mile Develop.ment - RZ-04-017 - Findings of Fact, Conclusions of Law & Decision and Order- Exhibit E page 4 of5 (' Wit}l any future detailed CUP applications, the applicant should comply witll ITD and ACHD policies in order to preserve the capacity and movement on tIle adjacent roadways. K. Will not result in th.e destruction, loss or damage of a natural or scenic feature of major importan.ce; and TIle Comlnission finds that the proposed developme.nt will not result in the destruction, loss or damage of natural features. L. Is the proposed zoning amendment in the best interest of the City of Meridian. (Ord.592, 11-17-1992)" The Co.mmission. fillds that the rezoning of tIle subject pro:perty to C-G would. be in the best interest of the City for the reasons listed in this report, as long as tIle conditions listed in th.e Develop.ment Agreem.ent and CUP /PD application are cOlnpl:ied with. Ten Mile .Development - RZ-04-0 17 - Findings of Fact, Conclusions of Law & Decision and Order - Exhibit E page 5 of5 (' EXHIBIT F Conditional Use Permit Findings Ten Mile Development (File CUP-04-051) The City Council hereby approves the following findings of the PlalUling & Z011ing Commission: The Commission and COllncil shall revie.w the particular facts and circumstances of each proposed conditional Lise in terms of the following and may approve a conditional tiSe permit if they shall find evidence presented at the hearing(s) is adequate to establish (11- 17-3): A. That the site is large enough to accommodate the proposed use and all yards, open spaces, parking, landscaping and other features as may be required by this ordinance; The COlnmission finds that the site is large enough to accommodate all ofth.e .proposed uses, parking, setbacks, landscaping, etc~ B. That the proposed use and development plan will be harmonious with the Meridian Comprehensive Plan and in accordance with the requirements of this Ordinance; The Commission recommends approval of the applicant's proposed mnendlnent to tIle 2002 Future Land Use Map to change tIle western 22 acres oftJle site froIn "Industrial" to "Mixed Use-Regional." We find the applicant's analysis of the Comprehensive Plan text policies to be valid. The Commission is recommending a minimum of 50,000 square feet of.non-retail.uses plus a hotel be co.nstructed in addition to the proposed retail uses to comply with the mix of uses required of tIle Comprellensive Plan. c. That the design, construction, operation, and maintenance will be compatible with other uses in the general neighborhood and with the existing or intended character of the general vicinity and that such use will not adversely change the essential character of the same area; TIle Cormnission finds the design, construction, operatio.n and maintenance of tb.e developlnent will be compatible with other uses in the area. To .help ensure compliance with this finding, we are requiring future detailed CUP applications be submitted prior to any building permits being issued on the site. D. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity; Please see the findings in sections "I" an.d "J" of the Ten Mile Development Ten Mile .Development - CUP-04-051 - Findings of Fact, Conclusions of Law & Decision and Order- Exhibit F page 1 of3 ( <.. . Rezone app 1 icationlfindings. E. That the proposed use will be served adequately by essential public facilities and services such as highways, street, police, and fi.re protection, drainage structures, refuse disposal, water, sewer or that the person res.ponsible for the establishment of proposed conditional use shall be able to provide adequately any such services; The Commission fin.ds that th.e project can be provided sanitary sewer and water service via the existing mains on and adjacent to the project site~ The P'u.blic Works Department must have an opportunity to review further civil drawings for tIle sewer re-routing plan. On December 3, 2004, a joint agency/department comments meeting was held witll representatives of key service providers to t11is property~ See detailed conditions froIn these agencies at the end. of this report All public services and facilities noted above ap.pear to be adequate to serve this property. The Commission and Council should rely upon COlnments submitted by tIle ACHD, the Meridian Fire DepartInent, the Meridian Parks Department and any other agency providing service to this parcel w.hen determining serviceability. 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; If approved, the developer will .be financing the extension of sewer, water, utilities and irrigation services to serve the project. In addition, ACHD is requiring the developer to construct a new traffic signal at the Pine/Hickory intersection. The primary public costs to serve the project will be fire and police services~ Staff fin.ds there will not be excessive additional requirements at .public cost for public facilities and services. The Rezone application (and CUP) makes several references to a future UPRR transit ce.nter as an asset to this development. This is in ge.neral confonnance with the COluprehensive Plan whicl1 identifies this location for a transit stop as well. If the CUP/PD application and concept plan are approved, including the transit center, there will likely be public funds involved in the construction of said transit center. 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; As noted in more detail under Finding J, the proposed uses will generate significant levels :of new traffic. The Conlmission recognizes that traffic and noise Ten Mile Development - CUP-04-051 - Findings ofFact~ Conclusions of Law & Decision and Order- Exhibit F page 2 of3 {y" ( (,..-:. ...,. will increase with tile approval of allY develo.pluel1t on t]lis parcel. The COlnmission believes that the al110unt of traffic generated by the proposed use(s) will not .be detrilnental to the gen.eral welfare of the travelillg public if all traffic controls and mitigation standards recormnended by ACHD are enforced! constructed. 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; As CUITently proposed (with three vellicular access points on to Eagle Road), the Commission finds the approac.hes will be designed as not to create an interference with Eagle Road traffic. (See ITD's recommendation from the Eagle Road Arterial Study below.) TIle applicant's traffic engineer, Gary Funkhouser, prepared a Trans.portation Ilnpact Stu.dy and a detailed sup.plement to the study which outlines the proposed vehicular approaclles, traffic ilnpacts and pro.posed roadway improvelnents. A summary of the TIS was included in the ACHD staff report. ACHD believes the need for a new signal at the Pine StreetlHickory Street intersectio.n is solely related to the development of this property and that the developer would need to provide a $1 05,000 road trust deposit for the signal. ACHD l1as made several "S:pecial Recolnmendations" to the City of Meridian and ITD in their report. They also believe the pro.posed truck access to Eagle Road s.hould be eliminated. and relocated. to Pine Ave. I. That the proposed use will not result in the destruction, loss or damage of a natural, scenic or historic feature considered to be of major importance. The Commission finds that the proposed development will not result ill the destruction, loss or damage of natural features. Ten Mile Developnlent - CUP-04-051 - Findings of Fact, Conclusions of Law & .Decision and Order- Exhibit F page 3 of3 (~.. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the Matter of Bonito Subdivision #2 Preliminaryl.Final Plat of Five (5) Commercial Lots on 5.28 Acres in a C-C Zone by l{imball Properties Case No(s). PFP-OS-OOl For the City Council Hearing Date of: March 29 2005 A9 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, th.e first publication a.ppearing and written notice mailed to property owners or p.urchasers of record within three hundred feet (300') of the external boundaries of tIle pro.perty.. The notice of:public hearing .before tIle City Council was posted upon the property under consideration more than one week before said hearing. All otller .noticing was done consistent witll Idaho Code ~67- 6509 . The matter was duly considered by the City Council at the March 3, 2005, public heari.ng(s)~ The applicant, affected property owners, and government subdivisions providing services within the .planningjurisdiction of the City of Meridian were given full opportunity to ex:press comments and submit evidence~ b. Written and oral testimony was received on this matter, as reflected in the records of tl1e City Clerk (for written testim.ony) and in tIle official meeting minutes (for oral testimony). c. The Planning and Zoning Commission conducted a public hearing and issued a writte.n recommendation on the subject Inatter 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 In.atter~ 2. Process Facts a9 There has been compliance with all notice and hearing requirements set forth. in Idaho Cod.e ~67-6509, 6512, and Meridian City Cod.e ~~ 11-15-5 and 11-17-5 as evid.enced by the Affidavit of Mailing, and the Affidavit of Publication an.d 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 staffreport and the Planning & Zoning Recommendation for the subject application(s), it is l1ereby verified that the pro.perty owner(s) of record at the time of issuance of these findings are Kimball Properties, LLP CITY OF MERlDIAN FINDINGS OF FACT, CONCLUS.LONS OF LAW AND DEC.ISION & ORDER CASE NOeS). PFP -05-00 I - .PAGE :I Of 4 (~,.. 4~ Required Findings per Zoning and Subdivision Ordil1ance a. See Exhibit C for th.e required findings. 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 Ch.apter 65, Title 67, Idaho Code (I~C~ 967- 6503). 2. The Meridian City Council takes judicial notice of its Zoning, Subdivision and Development Ordinances codified at Titles 11 and 12, Meridian City Code, and all current zoning maps thereof The City of Meridian has, by ordinance, established the Impact Area and the A.1nended Comprehensive Plan of the City of Meridian, which was ado.pted A.ugust 6, 2002, Resolution No. 02-382 and Maps. 3. TIle 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 COlmnent( s) received from the governmental subdivisions providing services in the City of Meridian p.lanningjurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached co.nd.itions of approval are imposed. 6. That the City has gral1ted an order of approval in accordance with this Decision, which sIlal1 be signed by the Mayor and City Clerk and the.n a copy served by the Clerk upon the applicant, the Planning and Zoning Department, the Public Warks Departlnent and any affected party requesting notice. 7. That this approval is subject to the Legal Description in Ex.hibit A, the Prelilninary Plat dated January 10, 2005 as shown in Exllibit B and the Conditions of Approval in Exhibit C. The conditions are concluded to .be reasonable and the applicant shall meet such requirements as a condition of approval of the application. c. Decision and. Order Pursuant to the City Council's authority as provided in Meridian City Code S 12-3-5 and .based upon the above and foregoing Findings of Fact whic.h are herein adopted, it is hereby ordered that: 1. The applicant's Preliminary Plat as evidenced by having s.ubmitted the Preliminary Plat dated January 10,2005 is hereby conditionally approved; and 2~ The site specific and standard conditions of ap.proval are as shown. in Exhibit c~ D. Notice of Applicable Time Limits CITY OF ME.RIDIAN FINDI.NGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). PFP -05-00 I - PAGE 2 Of 4 (. .. r. \~. ... .> 1. Notice of Twelve (12) Month Preliminary Plat Duratioll Please take notice that after tIle date of approval of the prelilninary plat, the owner or developer shall have one year within whicl1 to file the request for approval of the final plat After approval affinal plat, the owner or developer sIlall 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~ TIle Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may request a regulatory taking analysis. Such request ffi.Ust be in writing, and Innst 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 th.e time peri.ad within Wllich 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 Idallo Code S 67-6521 an. affected person being a person WI10 has an interest in real .property which may be adversely affected by the issuance or denial of the conditional .use permit ~p.proval may witllin twenty-eight (28) days after tIle date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. F. Exhibits Ex.hibit A: Legal Description Exhibit B: Approved Preliminary/Final Plat Exhibit C: Plat Findings :Exhibit D: Final Conditions of Approval By action of the City Council at its regular meeting held on the 111 ~OA- , 2005. , :z.q~ day of COUNCIL MEMBER SHAUN WARDLE VOTED COUNCIL MEMBER CHRISTINE DONNELL VOTED COUNCIL MEMBER CHARLIE RO.UNTREE COUNCIL MEMBER KEITH BIRD VOTED CITY OF MERlDIAN FIN.DINGS OF FACT, CONCLUSIONS OF LAW AND DECISlON & ORDER CASE NOeS). PFP -05-00 1 - PAGE 3 Of 4 c. . /.~..-.-. . ( ~ MAYOR T AM.MY de WEERD (TIE BREAKER) VOTED Attest: and Ci ty Attorney. ~ ity Clerk's Office Dated: 4-4-05 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & O.RDER CASE NOeS). PFP -05-00 I - PAGE 4 Of 4 j.~" \.. . (r-.. EXHIBIT A Bonito Subdivison #2 PFP-OS-OOl Legal Description DESCRIPTION FOR BONITO SUBDIVISION NO.. 2 January 10. 2005 A PARCEL OF LAND BEING A RESUBorVISlON OF PORTrONS OF LOTS 2~ 3 AND 6~ BLOCK 4t BONITO SUBDIVJSrON, LOCATED IN THE NE 1/4 OF SECTrON 20t TOWNSHJP ,3 NORTHJ RANGE 1 EAST OF THE BOJSE MERrDrAN, MERJDIAN, ADA COUNTY, IDAHO, BEING MORE PARTICULARLY DESCRJ8ED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SECTJON 20, T.3 Ntt R.1 Eo, 8.M.~ THENCE S OQCl14t50n W 1 019.37 FEET ALONG THE EAST LI NE OF THE NE X OF SAID SECTION 20 TO A porNT: THENCE N 90oQQ'QOt' W 48.00 FEET TO THE SOUTHEAST CORNER OF LOT 1, BLOCK 4 OF BONITO SUBDfVISION. THE REAL POINT OF BEGINNING OF THrs DESCRIPTION; THENCE S 00014'50'. W 409.70 FEET ALONG THE WESTERLY RrGHT OF WAY OF S. EAGLE ROAD TO A POINT; THENCE N 900QQJOOH W 217.00 FEET TO A POINT; THENCE S OOClOO'OQ'J W 300.87 FEET TO A POINT ON A CURVE ON THE NORTHERLY RIGHT OF WAY OF E. GOLDSTONE DRIVE; ALONG THE RrGHT OF WAY OF E. GOLDSTONE DRIVE THE FOllOWING: THENCE 67~35 FEET ALONG A CURVE TO THE RIGHT, SAID CURVE HAVING A RADIUS OF 376.50 FEET, A DELTA ANGLE OF 10015JQQt', A TANGENT OF 33.77 FEET AND.A CHORD BEARING N 61 o13'27JJ W 67.26 FEET TO A POINT OF REVERSED CURVATURE; THENCE 114~17 FEET ALONG A CURVE TO THE LEFTt SAID CURVE HAVING A RADIUS OF 789.00 FEET~ A DELTA ANGLE OF 08017'26t~t A TANGENT OF 57.18 FEET AND A CHORD BEARrNG N 60014t40nW 114~07 FEET TO A POINT ON A CURVE: LEAVrNG SAID RIGHT OF WAY OF E. GOLDSTONE DRIVE: THENCE N OooQOJOOIJ E 622.25 FEET TO A POINT; THENCE N 90l)OO~OOJt W 14.58 FEET TO A POINT; THENCE N Ooooo~OOtJ E 244.73 FEET TO A POINT ON THE SOUTHERLY RJGHT OF WAY OF E. TARPON DRfVE; BONITO~DESC (, . t." ~\. EXHIBIT A Bonito Subdivison #2 PFP-05-001 Legal Description DESCRIPTION FOR BONITO SUBDIVlsrON NO.. 2 January 10. 2005 A PARCEL OF LAND BEING A RESUBDIVJSION OF PORTIONS OF LOTS 2t 3 AND 6, BLOCK 4, BONITO SUBDIVISION, LOCATED IN THE NE 1/4 OF SECTtON 20. TOWNSHJP.3 NORTH, RANGE 1 EAST OF THE BOISE MERtDfANt MERIDIAN~ ADA COUNTY, JDAHO, BEING MORE PARTJCULARL Y DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SECTION 20, T.3 N., R.1 E.; 8.M., THENCE S 00014J50" W 1019.37 FEET ALONG THE EAST LINE OF THE NE X OF SAID SECTION 20 TO A POINT: THENCE N 90oQO'OQu W 48.00 FEET TO THE SOUTHEAST CORNER OF LOT 1, BLOCK 4 OF BONITO SUBDIVISiON~ THE REAL POINT OF BEGINNING OF THfS DESCRIPTION; THENCE S 000 14~50" W 409.. 70 FEET ALONG THE WESTERLY RrGHT OF WAY OF S. EAGLE ROAD TO A porNT; THENCE N 90oQO'OOJr W 217.00 FEET TO A POINT; THENCE S oooOO'OOlf W 300.87 FEET TO A porNT ON A CURVE ON THE NORTHERLY RrGHT OF WAY OF E. GOLDSTONE DRIVE; ALONG THE RrGHT OF WAY OF E. GOLDSTONE DRIVE THE FOllOWING: THENCE 67a35 FEET ALONG A CURVE TO THE R[GHT. SAID CURVE HAVING A RADIUS OF 376.50 FEET. A DELTA ANGLE OF 10D15'00", A TANGENT OF 33a77 FEET AND.A CHORD BEARING N 61013127~J W 67.26 FEET TO A POJNT OF REVERSED CURVATURE; THENCE 114.17 FEET ALONG A CURVE TO THE LEFTJ SAID CURVE HAVING A RAoruS OF 789.00 FEETJ A DELTA ANGLE OF 08C17t26Jt, A TANGENT OF 57.18 FEET AND A CHORD SEARl NG N 60014'4011 W 114.07 FEET TO A POINT ON A CURVE: LEAVING SAID RIGHT OF WAY OF E. GOLDSTONE DRIVE: THENCE N oogoo'OQu E 622.25 FEET TO A POtNT; THENCE N 90oQOJOOtJ W 14.58 FEET TO A POINT; THENCE N oooQorOQu E 244,,73 FEET TO A POJNT ON THE SOUTHERLY RIGHT OF WAY OF E. TARPON DRJVE; BONITO-DESC f :~~,r.~: .. . t .: EXHIBIT B Bonito Subdivision #2 PFP-05-001 Approved Site Plan j i f '.......:..::..~ ~.. =. .:.;.:::. ~ . --.-.-.. . .a....a...-.-. ..- . .. .;.:.;/~_.. ., . ...... i.. ~. (~_.:... _w....._ ~...... ~ ............. rJittt/ .............. . .. ----.. .,... I'" ....... .......... ......... ~ ~ ......;Ji .. . ,.,.. ......... ~~ ~.........,.......~..... ~ ~ N..I: t~~"' .~~.. ... r~............- ... -................-II.....~ .. ~:. ,,~.....,.......- ..................... .rr~'TaI'I~....-...... .!lItS~"t.~..... .. &I. -~.................. -1IIIIIIIIIIIt' . l(I=taz.~~JlIrJ=rJ~===~ ._:I!II..J........... III ~~..&:aIII'f.Af"'" .1iIIIIII.. ..._ .. :....~. -...- ~ ...:.,--~....., tIIIIww ~=:~~~- ~ ~.........~.....--....- 11:-11 ~"I'IIIIIL............................~ @-- m.-~ ~;'M" ~ ............. - ..,..,. '-~:,; ::~~ . 1 ~ 1 ( (:".. .. EXHIBIT C Bonito Su.bdivision #2 PFP-05-001 Required Findings for Preliminary Plat PRELIMINARY PLAT FINDINGS AND REQUIREMENTS Sections 12-3-3 J~2 and 12-3-5 D read as follows: "In determining the acceptance of a proposed subdivision, the Commission/Council shall consider the objectives of this title and at least the following: a. The conformance of the subdivision with the Comprehensive Development Plan; Staff finds that the requested zoning designation is in general compliance with. the effective COffi.prel1ensive Plan ('02) and the Future Land Use Map, Wl1ich designates the land to .be "Mixed Use Regional." T.he com.prehensive plan. also identifies a multi use pathway connecting the site to adjacent properties within the development The applicant l1as indicated on the preliminary plat an existing 15' pedestrian access easement to be maintained by the owners association. Generally, tIle Mixed Use designation will provide for a combination of compatible land uses that are typically developed under a master or conceptual plan~ The mixed use plan was conceived under CUP-OJ-037 as El Dorado Business Campus. Sample Uses are listed as entertainment, clean industry, and major employers~ The uses of Office/Retail are similar to the sample uses listed on Page 98 Chapter VII of the Meridian City Comprehensive .Plan. The proposed office/retail .uses witllin the subdivision are pennissible .under the excepted land use provisions of the MCC (12-6-3.) Th.erefore, Staff finds that the proposed su.bdivision is in compliance with the Comprehensive Plan b. The availability of public services to accommodate the proposed development; Staff finds that this development will not cause excessive additional requirements at public cost The property l1as existing sewer and water stubs served adequately by all essential public facilities and. services through Bonito #1 Subdivision. Applicant shall be required to extend water and sanitary sewer mains to and through the pro.posed develo.pment, thereby making them available to the adjacent properties. c. The continuity of the proposed development with the capital improvement program; c. Staff finds that the subdivision will not conflict with the capital improvement plan. Because the developer is installing sewer, water, utilities and irrigation, the subdivision will not require the expenditure of capital improvement funds. d. The public financial capability of supporting serv.ices for t.he proposed development; Staff finds that the development will not require major expenditures for providing supporting services. See item b. e. The other health, safety or environmental problems that may be brought to the Commission's attention. Staff finds that there should not be any other health, safety or environmental problelns associated with this subdivision that should be brought to the Councilor Commission's attention. ACHD considers road safety issues in their analysis. No hazardous natural features have been identified on the site. (:: EXHIBIT D Bonito Subdivision #2 PFP-05-001 Site Specific and Standard Comments SPECIAL CONSIDERATIONS-PRELIMINARY PLAT The applicant shall maintain compliance with existing d.evelopment agreement for EI Dorado Su.bdivision, PP-OI-002, CUP-OI-037 and all applicable conditions of approval for the commercial lots in a mixed use development PRELIMINARY I FINAL PLAT SIT.E SPECIFIC COMMENTS 1 ~ Sanitary sewer service to this site will be from service line extensions fro.m existing and proposed mains adjacent to tIle project. Subdivision designer to coordinate service sizing and routing with the Public Works Department. Applicant shall execute City of Meridian standard forms of easements, for any .mains that are required to .provide service~ 2~ Water service to this site will be from main line extensions from existing water Inains in Bonito #1 Subdivision. Th.e applicant will be responsible to construct water mains to and through this proposed development. Su.bdivision designer to coordinate main sizing and routing with tIle Public Works Department Applicant s.halI execute City of Meridian standard forms of easements, for any mains that are required to provide service~ 3. Per MCC 12-13-10-4, maintain the existing 35-foot wide street buffer along Eagle Road and a 20-foot wide street buffer along Goldstone Drive and Tarpon Way. All required. street buffers shall be located beyond any future right-of-way. Show easelnents for all required buffers on the final plat. The Bonito or .EI Dorado .Business Owners Association shalltnaintain all req.uired landscape buffe.rs~ 4. All landscape buffers shall be constructed prior to tIle issuance of any Certificate of Occupancy within the subdivision~ 5~ A perpetual vehicular cross access easement shall be provided to all lots witllin the subdivision. Said cross access shall be depicted on the final plat for Bonito #2. 6. Any tree over 4" in caliper that is removed from the property shall be replaced by installing additional trees, being the equivalent number of caliper inches of trees that were removed, unless deemed unnecessary by the City Arborist per Ordinance 12-13-13. Required landscaping trees will not be considered as replacement trees for those trees that have to be removed. The applicant shall (n. . -.... .. ..... . (:::.:':... . submit a tree removal/preservation plan at least 10 days prior to the City Council hearing. 7. A drainage plan design.ed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. Stonn water treatment and disposal must be designed in accordance Wit!l Departme.nt of Environmental Quality 1997 publication Catalog of Storm Water Best Management Practices for Idallo Cities and Counties and City of Meridian standards and .policies. Off-site dis.posal into surface water is :prohibited unless the jurisdiction which has authority over the receiving stream provides written authorization prior to develo.pment plan approval. The applicant is responsible for filing all necessary applications with the Idaho Department of Water Resources regarding Shallow Injectiol1 Wells. 8. Any drainage areas (detention/retention basins) must be designed to ensure that water will percolate or discharge within a period of time not to exceed 24 hours for all storms up to and including a lOO-year storm event Side slo.pes within drainage areas shall not exceed 3: 1. 9. Compaction test results must be subluitted to the Meridian Building Department for all building lots receiving engineered backfill. 1 o~ Complete the ROS :numbering on the face of the final plat. 11. Add the "Real Point of Beginning" label to tIle Face of the final plat. 12~ Add tIle following plat note: (12) The QWn.er of each lot, across w.hic:h passes an irrigation/drainage ditch or pipe, is responsible for the maintenance thereof: unless such responsibility has been assumed. by an irrigation/drainage jurisdiction. 13. All internal landscaping shall be installed as de.picted on approved landscape plans for the individual lots during the Certificate of Zoning Compliance process~ 14~ Revise the domestic water service origin statement in the Certificate of Owner's to reference the "Ci ty of Meridian. " 15. A permanent pedestrian easement, in favor of the City of Meridian, shall be included on the face of the plat as depicted on the preliminary plat, adjacent to the east side of the Bonito #2 Su.bdivision~ Alternatively, a note shall be added to the final plat stating tl1ere is a deed restriction on Lots 7, 8, and 11 of Block 4 that said lots are subject to a permanent pedestrian easement in favor of the City of Meridian. Buildings are precluded from constructing within this easement. The 10-foot wide hard surfaced pathway shall be constructed and fully improved .prior to the issuance of the first Occupancy Permit for any building. co,' . 16. The applicant has illdicated that Nampa Meridian Irrigation District will own and maintain the pressure irri.gation system within this development. The City of Meridian requires that pressurized irrigation systems be su.pplied by a year-round source of water.. If a creek or well source is not available, a single-point cOIID.ection to the municipal water system shall be required.. If a single-point connection is utilized, the developer shall be responsible for the payment of assessments for the common areas prior to signature on the final plat by the Meridian City Engineer. PRELIMINARY PLAT GENERAL REQUIREMENTS 1. Submit letter from the Ada County Street Name Committee, approving the subdivision and street names. Make any corrections necessary to conform. 2. Coordinate fire hydrant placement with the City of Meridian Public Works . Department. 3. Assessment fees for water and sewer service are determined during the building plan review process~ 4. Two-hundred-fifty-watt, 11igll-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. 5. Underground, year-round pressurized irrigation must be provided to all landscape areas on site~ Please submit h.ook-u.p and design details based on the proposed landscaping~ Due to the size of landscaped area, .primary water supply connection to the City's mains will not be allowed.. Applicant shall be required. to utilize any existing surface or well water for the primary source. 6.. All inigation ditclles, laterals or canals, exclusive of natural watelWays, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled. per City Ordinance 12-4-13~ The ditches to be piped sIlould be shown on the site plans.. Plans will need to be approved by the appropriate irrigation/drainage jurisdiction, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. 7 ~ Show all existing and. proposed easements for irrigatio.n/drainage facilities located within the boundaries of this proposed development. 8. Any existing domestic wells and/or septic systems within this .project will have to be removed from their domestic service per City Ordinance Sectio.u 9-1-4 and 9-4-8. Wells may be used for non-domestic purposes such as landscape inigation~ ( .~.-.. . . 'Ii;.:. ....~.. . ~ 9. Provide five-foot-wide sidewalks throughout development in accordance with City Ordinance. 10. All construction shall conform to tile requirelnents of the Alnericans witll Disabilities Act FIRE DEPARTMENT CONDITIONS 1. Acceptance of the water supply for fire protection will be by the Meridian Fire Department and water quality by tIle Meridian Water Department for bacteria testing. 2. Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire H.ydrants shall have the 4 ~" outlet face the tnain street or parking lot ai s Ie. b. The Fire l1ydrant s.hall not face a street which does not have addresses 0.0 it. c. Fire llydrant markers s.hall be provided per .Public Warks spec. d. Locations with fire hydrants shall have the curb .painted red 10' to each side of the hydrant location~ e~ Fire Hydrants sllalI be placed on comers when spacing permits. f. Fire hydrants shall not have an.y vertical obstructions to outlets within 1 0'. g. .Fire hydrants s.hall be place 18" above finish grade. h. Fire hydrants shall be provided to meet the requirements of the IFC Section 509.5~ 3. The phasing plan may require that any roadway greater tllan 150' in length that is not provided with an outlet shall.be required to have an approved turn around. 4. All entrance and internal roads shall have a turning radius of 28' inside and 48' outside radius. 5 · All Common driveways shall be straight or have a turning radius of 28' inside and 48' outside and shall have a clear driving surface which is 20' wide. 6. Provide a 20' wide Fire Lane for all internal road.ways all roadways shall be marked in accordance with Appendix D Section DI03.6 Signs. 7~ Dead-end fire apparatus access roads .in that are 500'-750' in length. The roadways shall be built to Ada Cou.nty Highway Standards cross section requirements and shall have a clear driving surface, available at all times, whicl1 is 26' wide. Streets with less than a 35' street widtll shall have no parking. Streets with less than 39~ shall have parking only on one side. These :measurements shall \.... /.< ,. .n . \~: . be based on the face of curb dimension. Special approval required over 750' IFC Table DI03.4. 8. Operational fire hydrants, tem:porary or permanent street signs and access roads with an all weather surface are required before cOlnbustible COl1struction is broug11t on si te. 9. Commercial and office occupancies will require a fire-flow consistent with the International Fire Code to service the proposed ..project Fire hydrants sllall be placed per Appendix D. 10. The 5 office/commercial lots lot will have an unknown transient po.pulation and will have an unknown impact on Meridian Fire Department call volumes. The Meridian Fire Department has experienced 2397 responses in the year 2003. According to a report com.pleted by Fire & Emergency Services Consulting Group our requests for service are projected to reach 2800 in the year 2005 and 3800 by the year 201 O~ 11. Maintain a separation of5' from the building to the dumpster enclosure. 12. Provide a Knoxbox entry system for the complex prior to occupancy. 13. The application shall work with city staff to provide an address identification. plan including a pylon/monument sign at the required intersection(s). 14~ The Fire Dept. has concerns about the ability to address the project and have the addresses visible from the street whicl1 the project is addressed off of. Please contact Joe Silva (888-1234) to address this concern prior to the public hearing. 15. All portions of the buildings located on this project must be within 150' of a paved surface as measured. around the perimeter of the building. 16. Provide exterior egress lighting as required by tIle International Building & Fire Codes. 17. There shall be a fire hydrant within 100' of all fire department connections. (.. .. ( BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE APPLICATION O.F KEVIN HOWELL CONST.RUCTION, INC. FOR FINAL PLA T APPROVAL OF 45 SINGLE-FAMILY RESIDENTIAL BUILDING LOTS AND 1 COMMON LOT ON 13.56 ACRES IN AN R-4 ZONE LOCATED NORTH OF WEST MCMILLAN ROAD AND EAST OF NORTH TEN MILE ROAD IN A PORTION OF THE EAST ~ OF THE SW ~ OF T. 4N., R. lW., SECTION 26 C/C March 29, 2005 ) ) ) ) ) ) ) ) ) ) ) ) ) CASE NO. FP-05-018 ORDER OF CONDITIONAL APPROVAL OF FINAL PLA T This matter co:ming before the City Council for Final Plat approval pursuant to Meridian City Code S 12-3-7 on March 29,2005, and the Council finding that tIle Administrative Review is complete from Sonya Allen, Assistant City Planner for the Planning and Zoning Department, and. Michael Cole, Development Services Coordinator for the Public Works Department, dated: Hearing Date: March 29, 2005, to the Mayor and Council, and the Council having considered the requirements of the preliminary plat the Council takes the following action: IT IS HEREBY ORDERED THAT: 1. The Final Plat of"PLA T SHOWING FULFER SUBDIVISION NO. 5 LOCATED IN A PORTION OF THE EAST 12 OF THE SW ~ OF T. 4N., R. 1 W., SECTION 26, ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR FULFER. SUBDIVISION NO.5 / (FP-OS-018) page 1 Of 4 (~<.... BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO 2005, HANDWRITTEN DATE:02/15/05, SHEET 1 OF 2, J-U-B ENGINEERS, INC.", !(EVIN HOWELL CONSTRUCTION, INC., Developer, is Conditionally Approved subject to those conditions of Staff comments as set forth in the Memorandum to the Mayor and City Council from Sonya Allen, Assistant City Planner for tIle Planning and. Zoning Department and Michael Cole, Development Services Coordinator for the Public Warks Department, dated: Hearing Date: March 29, 2005, listing 24 SITE SPECIFIC REQUIREMENTS/FINAL PLAT and 8 GENERAL REQUIREMENTS, a true and correct copy of which is attach.ed hereto marked Exhibit "A", and consisting of 5 pages, and by this reference incorporated herein, and the respo.nse letter from J - U - B Engineers, Inc., a true and correct co.py of which is attached hereto :marked Exhibit "B" and consisting of 5 page, and. by this reference incorporated herein, and the additional requirements from the action of t]le Council taken at tl1eir March 29, 2005 meeting as follows, to-wit: 1.1 Adopt the Recommendation of the Central District Health Department as follows: T.he Central District Health requires after written approval from the appropriate entities are submitted, they can approve this proposal for central sewage and central water; that plans must be submitted to and approved by the Idaho Department of Health and Welfare, Division of Environmental Quality for central sewage and central water; that run-off is not to create a mosquito breeding problem; and it is suggested that the stormwater be pretreated through a grassy swale prior to discharge to the subsurface to ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR FULFER SUBDIVISION NO. 5 / (F.P-OS-OIS) page 2 Of 4 (. . (m . prevent impact to groundwater and surface water quality; that engineers and architects should obtain current best management practices for stormwater disposal and design a stonn.water management system that is preventing groundwater and surface water degradation. Manuals for guidance: 1. State of Idaho Catalog of Stormwater Best Management Practices for Idaho Cities and Counties. Prepared by the Idaho Division of Environmental Quality, July 1997~ 2~ Stormwater Best Management Practices Guidebook. Prepared by City of Boise Public Works Department, May 2000. 2. TIle final plat upon which there is contained the Certification and signature of the City Clerk and the City Engineer verifying that the plat meets the City's requirements shall be signed only at such time as: 1. The Plat dimensions are approved by the City Engineer; and 2~ TIle City Engineer has verified that all off-site improvements are completed and/or the appropriate letter of credit or cash has .been issued guaranteeing the com.pletion of off-site and required on-site improvements~ NOTICE OF FIN.AL ACTION AND RIGHT TO REGULATORY TAKINGS ANALYSIS TIle Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Ow.ner 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 tIle time period within which a Petition. for Judicial Review Inay be filed. ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR FULFER SUBDIVISION NO.5 / (FP-OS-018) page 3 of4 (': ...: (~.... Please take notice that tllis 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 llas an interest in real property which may be adversely affected by this decision Inay, within twenty-eight (28) days after the date of this decision an.d order, seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. .'-\qth By action of the Ci ty Council at its regular lneeting held on the 0. day of mo..rCh , 2005. Attest: Copy served .upon A:pplicant, the Plannil1g City Attorney. partment, Public Works Department, and Dated:---=t- Zq -Qt; ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR. FULFER SUBDIVISION NO. 5 / (FP-OS-018) page 4 of4 MAYOR Talnmy de Weerd (". CITY COUNCIL MEMBERS Keitll BilU Chlistille Donnell Shaull Wardle C ha r 1 es M. Ro ulllree PUBLIC WORKS BUILDING DEPARTMENT (208) 898-5500 · Fax (208)898-9551 PLANNING AND ZONING DEPARTMENT (208) 884-5 533 ~ FAX 888-6854 STAFF REPORT: Hearing Date: March 29, 2005 To: Mayor, City Council and Planning & Zoning Commission From: Sonya Allen, Assistant City Planner (fll Michael Cole, Development Services Coordinator rv\ c Re: Fulfer Subdivision No.5 Final Plat approval of Forty-five (45) Single-Family Residential Building Lots and One (1) Conunon Lot on 13.56 Acres in an R-4 Zone, by Kevin Howell Construction (File No. FP-05-018). We have reviewed the above referenced submittals and offer the following comments, as conditions of approval. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: APPLICATION SUMMARY & LOCATION The applicant, Kevin Howell Construction, has applied for Final Plat approval of 45 single- family residential building lots and 1 cotnlnon lot on 13.56 acres of land for Fulfer Subdivision No~ 5. The current zoning designation for the proposed subdivision is R-4 (Low Density Residential)~ This subdivision will have a gross density of 3.3 d.u./acre and a net density of 4.52 d".u../ acre~ This p.hase was preliminary platted under the name of Locllsa Palls Subdivision~ Mr. Howell purchased the property from the Lochs Falls developer and intends to develo.p it in compliance with tIle ap:proved preliminary plat.. Fulfer Subdivision No.5 is located approximately 14 mile east ofN.. Ten Mile Road, north ofW. McMillan Road in the SW ~ of Section 26, T..4N., R.IW. The COlnmon area lot within this subdivision consists of landscaping, open space, and storm drainage and will be owned and maintained by the Homeowners Association~ The pressurized irrigation system witllin this development will be owned and maintained by Settler's Irrigation District. A Conditional Use Permit/Planned Development was approved for the proposed subdivision which allowed for reductions to the minimum requirements for lot size (from 8,000 s~f. to 6,500 FP-OS-O 18 EXhibit "A" FUlfer SUbS FP .doc (K ~\ Mayor & City Co.unci! Hearing Date: March 29, 2005 Page 2 s~(), lot frontage (from SO-ft. to 60-ft), setbacks (sid.e setback - 7-ft for 2-story and 15-ft for non-front entry garages), and house size. It also allowed for bloc.ks within the subdivision to exceed the maximum block length of 1,000 feet. The submitted final plat substantially cOlnplies with the approved preliminary plat for this subdivision. Staffrecormnends approval of the final plat for Fulfer Subdivision No~ 5 with the comments and conditions stated in this report SITE SPECIFIC COMM.ENTS / FINAL PLAT 1. Applicant is to meet all terms of tIle approved conditional use permit (CUP-02-012), preliminary :plat (PP-02-009) and Development Agreement (Inst No's. 103012598 & 104022054). 2. The applicant has indicated that the Settler's Irrigation District will own an.d maintain the pressure irrigation system within this development. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. If a creek or well source is not available, a single-point connection to the municipal water system shall be required. If a single-point connection is utilized, the develo.per shall be responsible for the .payment of assessments for the common areas prior to signature on the final plat by the Meridian City Engineer. 3. Fencing must be in compliance with MCC 12-4-10~ 4. Street signs are to be in place, water system shall be approved and activated, fencing installed, drainage lots constructed., road base ~pproved by the Ada County Highway District and the Final Plat for this subdivision shall be recorded, prior to applying for building permits. 5. All development improvements, including sewer, fencing, micro-paths, pressurized irrigation and landscaping s.hall be installed and approved prior to obtaining certificates of occupancy. 6. A letter of credit or cash surety in the amount of 110% will be required for all fencing, landscaping, amenities, pressurized irrigation, sanitary sewer, water, etc~, prior to signature on the final plat~ 7. Sanitary sewer service and municipal water to this site shall be via extensions from existing mains.. Ap.plicant will be responsible to construct the sewer and water mains to and through this proposed development, thereby making them available to adjacent properties. Subdivision designer to coordinate main sizing and routing with the Public Works Department.. Applicant shall execute City of Meridian standard forms of easements, for any mains that are required to provide service. FP -05-0 18 EXhibit "A~" FUlfer SUbS FP4-doc \... (~.... Mayor & City Council Hearing Date: March 29, 2005 Page 3 8. Graphically depict a 20-foot wide easement centered over the proposed sewer malO .running through Lot 11, Block 16. 9. Complete the Certificate of Owners and accompanYing Acknowledgment prior to signature on the final plat. 10. Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to signature on the final plat per Resolution 02-374. 11. Complete book and page n.umber of adjacent recorded plat 12. The total width of each right-of-way sh.ould .be depicted on the face of the plat. 13. Stormwater drainage swales must be in compliance witll MCC 12-13-14. 14. Revise the landscape plan dated 1/28/05, prepared by Harvest Design, as follows: a. Sand is not allowed in drainage areas, show seed in these areas. 15. Revise or add the following notes on the face of the plat: (3.) "... .right-or-way.. rear lot lines~ and the exterior boundary..." ( 4.) " . . jnterior side lot lines and interior rear lot lines, unless otherwise. . ." 16. Remove the graphically de,picted 8-foot wide easement shown on back lot lines of Lots 11-19, Block 17. All rear lot lines shall have a standard 10 foot :public utilities, drainage easement as per note 3. 17. Remove the graphically depicted 8-foot wide easement shown on commo.n rear lot lines of Lots 2-20, Block 16. All rear lot lines shall have a standard 1 0 foot .public utilities, drainage easement as per note 3. 18. Remove tIle graphically depicted 8-foot wide ease.ment s.hown on rear lot lines Lot 11, Block 15.. All rear lot lines shall have a standard lO foot public utilities, drainage easement as .per note 3 ~ 19. Remove the graphically de.picted 8- foot wide easement shown on the rear lot lines of Lot 1, Block 25; Lots 24,23 ,22, 21, 11., Block 16; Lots 6, 7, Block 23.. All rear lot lines shall have a standared 1 0 foot public utilities, drainage easement as per note 3. 20. Graphically the depict an. 8-foot wide public utilities, drainage irrigation easement on the north property line of Lot 23, Block 16. The extra width of the easement is due to an irrigation main. 21. Developer shall coordinate mailbox locations with the Meridian Post Office. FP-OS-O 18 Exhibit "A" FUlfer SUbS FP.doc (;,u.: .. ... (... .:. Mayor & City Council Hearing Date: March 29, 2005 Page 4 22. All development features shall cOlnply with the Americans witll Disabilities Act and the Fair .Housing Act. 23. Please submit all u.pdated groundwater/soils monitoring data to th.e Public Works Department for review. Any drainage areas (detention/retention basins) must be designed to ensure that water is retained only during IOO-year sto.rm 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 witll sod/grass seed (or other approved landscaping) shall not count towards the required open space area. The project engineer should pay close attention to the results of field studies determining the ground.water, 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 gro.undwater elevation9 This is to e.nsure that the bottom elevation of the crawl spaces ofholnes is at least I-foot above. 24. Staff's failure to cite specific ordinance provisions or terms of the approved. preliminary plat or conditional use permit does not relieve the Applicant of responsibility for compliance. GENERAL REQUIREMENTS 1. All irrigation ditclles, laterals or canals, exclusive of .natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per City Ordinance 12-4-13. Plans will need to be approved by the ap.propriate irrigation/drainage district, or lateral users association (ditch owners), with written ap.proval or non-~pproval submitted to the Public Works Department If lateral users association approval can't be obtained, plans will be reviewed and approved .by the meridian City Engineer :prior to final plat signature 2. Any existing domestic wells and/or septic systems within this .project will l1ave to be removed from their domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells may be used for non-domestic purposes such as landscape irrigation. 3. One hundred watt, high-pressure sodium streetlights will be required at locations designated by the Public Works Department All streetlights sIlal1 be installed at subdividerls expense. Typical locations are at street intersections and/or fire hydrants. Final design locations and quantity are determined after power designs are completed by Idaho Power Company. The street light contractor shall obtain design and permit from the Public Works Department prior commencing installations. 4. Compaction test results must be submitted to the Meridian Building Department for all building pads receiving engi.neered backfill, wh.ere footing would sit atop fill material. 5 Coordinate fire hyd.rant placement with the City of Meridian's Water Works Su perin tendent. FP-OS-O 18 EXhibit HA" FUlfer SUbS FP.doc (. . ( Mayor & City Council Hearing Date: March 29,2005 Page 5 6 Any tree over 4" in caliper tllat is removed from the :property shall be replaced by installing additional trees, bein.g the equivalent number of caliper inches of trees that were removed. Required landscaping trees will not be considered as replacement trees for those trees that have to be removed. 7 Applicant shall be responsible for application and compliance with any Section 404 Permitting that Inay be required by the Army Corps of Engineers. 8 Applicant shall be responsible for application and compliance witll and NPDES Pennitting that may be required .by the Environmental Protection Agency. FP-OS-O 18 EXhibit "A" FUlfer SUbS FP.doc ('" . .. Mayor & City Council Hearing Date: March 29, 2005 Page 6 9 STAFF RECOMMENDATION Staff recommends approval of the final plat for Fulfer Subdivision No.3 witll the above stated comments and conditions~ FP~05-018 EX}l ibit "A" FUlfer SUbS FoPJpdoc (" . . . ;! (/.:.~:,....: . MAYOR Tamlny de Weerd PUBLIC WORI(S BUILDING DEPARTMENT (208) 898~5500 · Fax (208)898-955] PLANNING AND ZONING DEPARTMENT (208) 884~5533 · FAX 888-6854 CITY COUNCIL MEMBERS Keitll Bird Christine DOllnel1 Shaun WaJ~dle Char I es M. Ro U 11tree STAFF REPORT: Hearing Date: March 29, 2005 To: Mayor, City Council and Planning & Zoning Commission From: Sonya Allen, Assistant City Planner ();1 Mic.hael Cole, Development Services Coordinator J'Y\ c Re: Fulfer Subdivision No.5 Final Plat approval of Forty-five (45) Single~Family Residential Building Lots and One (1) Conunon Lot on 13.56 Acres in an R-4 Zone, by .Kevin Howell Construction (File No. FP-05-018). We have reviewed the above referenced submittals and offer the following comments, as conditions of approval. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: Citv conlments received bv JUB on March 28tt 2005. JUS comments in red on 3/29/05 bv Garv Lee APPLICATION SUMMARY & LOCATION The applicant, Kevin Howell Construction, has applied for Final Plat approval of 45 single- family residential building lots and 1 common lot on 13.56 acres of land for Fulfer Subdivision No~ 5~ TIle current zoning designation for tIle pro.posed subdivision is R-4 (Low Density Residential). Tllis subdivision will11ave a gross density of 3.3 d.u./acre and a net density of 4.52 d~.u./ acre. This phase was preliminary platted under the name of Lochsa Falls Subdivision. Mr. Howell purchased the property from the LocllS Falls develo.per and intends to develop it in cOlnpliance with. the ap.proved preliminary plat Fulfer Subdivision No.5 is located approximately ~ mile east ofN. Ten Mile Road., north ofW. McMillan Road in the SW ~ of Section 26, T.4N., R.IW. Tile common area lot within this subdivision consists of landscaping, open space, and storm drainage and will be owned and maintained by the Homeowners Association~ The pressurized inigation system within thi~ development will be owned and maintained by Settler's Irrigation Distri ct FP -05-0 1 8 Exlli bit B FUlfer SUbS FP.doc (. . ~-:..~ . (r. Mayor & City Council Hearillg Date: March 29, 2005 Page 2 A Conditional Use Permit/Plarnled Development was approved for the pro.posed subdivision which allowed for reductions to the minimUlTI requirements for lot size (from 8,000 s~f: to 6,500 s~f.), lot frontage (fro.m 80-ft. to 60-ft), setbacks (side setback - 7-ft for 2-story and IS-ft. for Don.-front entry garages), and house size. It also allowed for blocks within the subdivision to exceed the maXimUlTI block length of 1,000 feet. The submitted. final plat substantially com.plies with the approved preliminary plat for this subdivision. Staffrecommends approval of tIle final plat for .Fulfer Subdivision No.5 with the comments and conditions stated in this report. SITE SPECIFIC COMMENTS / FINAL PLAT 1. Applicant is to meet all terms of the approved co.nditional use pennit (CUP-02-012), preliminary plat (PP-02-009) and Development Agreement (Inst. No's. 103012598 & 1 04022054)~ O~K. 2. The ap.plicant has indicated t11at the Settler's Irrigation District will own and maintain. the pressure inigation system within this development. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. If a creek or well source is not available, a single-point co.nnection to the municipal water systeln shall be required. If a single-point connection is utilized., the developer shall be responsible for the payment of assessments for the common areas prior to signature on the final .plat by the Meridian City Engineer. SETTLER'S DOES OWN THE P.I. SYSTEM. AN EXISTING WELL LOCATED IN FULFER # 3 IS BEING USED FOR THE BACKUP WATER SOURCE. 3. Fencing must be in compliance with MCC 12-4-10. 0.1(. 4. Street signs are to be in place, water system shall be approved and activated, fencing installed, drainage lots constructed, road base approved by the Ada County .Highway District and the Final Plat for this subdivision shall be recorded, prior to applying for building permits. 0.1(. 5. All development improvements, including sewer, fe.ncing, .micro-paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy. O.K. 6. A letter of credit or cash surety in the amount of 110% will be required. for all fencing, landscaping, amenities, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the final plat. 0.1<'. 7. Sanitary sewer service and municipal water to this site shall be via extensions from existing Inains. Applicant will be respo.nsible to construct the sewer and water .mains to and thrOUgll this proposed developm.ent, thereby making them available to adjacent FP-OS-O ] 8 EXhibit B FUlfer SUbS FP.doc ....~~. f' t~ Mayor & City Council Hearing Date: March 29, 2005 Page 3 properties. Su.bdivision designer to coordinate main sizing and routing with the Public Works Department. Applicant shall execute City of Meridian stand.ard forms of easements, for any mains tl1at are required to provide service. O.IC. 8. Graphically depict a 20-foot wide easelnent centered over the proposed sewer main running thrOUgll Lot 11, Block 16. O.K~~ HOWEVER~ WE REQUEST THAT THE SEWER EASEMENT BE DESCRIBED AS 5' RIGHT AND 15' LEFT OF THE SEWER CENTERLINE - LOOI(ING DOWNSTREAM. THIS WILL ALLOW THE EASEMENT TO BE CONTAINED FULLY WITHIN LOT 11 ~ WHICH IS A COMMON LOT. 9. Complete the Certificate of Own.ers and accompanying Acknowled.gment prior to signature on the final.plat. O.K. 10. Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to signature on the final plat .per Resolution 02-374. O.K~ 11. Complete book and page number of adjacent recorded plat. O~K. 12~ The total width of each rigllt-of-way should be depicted on the face of the plat. 0.1(. 13. Stormwater drainage swales must be in compliance with MCC 12-13-14.. O.K. 14. Revise the landscape plan dated 1/28/05, .prepared by Harvest Design, as follows: a. Sand. is not allowed in drainage areas, show seed in these areas. O~K. 15. Revise or add the following notes on the face of the plat: (3..) ".. ~right-of-way.. rear lot lines'l and the exterior boundary...." O.K~ (4.) "~ · .interior side lot lines and interior rear lot lines, unless otherwise..." O.I(~ 16. Remove the graphically depicted 8-foot wide easement s.hown on .back lot lines of Lots 11-19, Block 17. All rear lot lines shall have a standard 10 foot public utilities, drainage easement as per note 3. O.K. 17.. Remove the graphically depicted 8-foot wide easement shown on common rear lot lines of Lots 2-20, Block 16. All rear lot lines shall have a standard 10 foot public utilities, drainage easement as per note 3. O~I(. 18. Remove the graphically depicted 8-foot wide easement shown on. rear lot lines Lot 11, Block 15. All rear lot lines shall have a standard 10 foot public utilities, drainage easement as per note.:3. O.K~ 19~ Remove the graphically depicted 8-foot wide easement sllown on the rear lot lines of Lot FP-OS-O 18 EXhibit B FUlfer Sub5 FPodoc ~.~ ~ d. . {~~ .. .. (....: . .. ("'...~.. ' Mayor & City Council Hearing Date: March 29,2005 Page 4 1, Block 25; Lots 24, 23 ,22,21, II, Block 16; Lots 6, 7, Block 23. All rear lot lines shall have a standared 10 foot pu.blic utilities, drainage easement as per note 3. O~I(. 20. Graphically the depict an 8-foot wide public utilities, drainage irrigation easement on the north property line of Lot 23, Block 16. The extra width of the easement is due to an irrigation .main~ 0.1(. 21. Developer shall coordinate luailbox locations with the Meridian Post Office. 0.1(. 22. All d.evelopment features shall comply with the Alnericans with Disabilities Act and the Fair Housing Act. O.K. 23. Please sublnit all updated groundwater/soils monitoring data to the Public Works Department for review~ Any drainage areas (detention/retention basins) must be designed to ensure that water is retained only during 100-year storm events, and for a period of time not to exceed 24 hours. Side sIo.pes within drainage areas sllall not exceed 3: 1. Any portion of a drainage area not improved with sod/grass seed (or other approved. landscaping) shall .not count towards the required o.pen 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 tIle 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 ofhoffi.es is at least I-foot above~ O~K. 24. Staffs failure to cite specific ordinance provisions or tenns of the approved preliminary plat or conditional use permit does not relieve the Applicant of responsibility for compliance~ 0.1(, GENERAL REQUIREMENTS I. All inigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per City Ordinance 12-4-13. Plans will need to be approved by tIle appropriate irrigation/drainage district, or lateral users association (ditcll owners), with written approval or non-approval submitted to the Public Works Department. If lateral users association approval can't be o.btained, plans will be reviewed and approved by the meridian City Engineer prior to final plat signature 0.1<'.'\ BUT NONE ON THIS SITE NEED TO BE PIPED. THE EXISTING WASTE DITCH ALONG THE WESTERN BOUNDARY IS BEING ABANDONED. 2. Any existing do.mestic wells and/or septic systems within tb.is project will have to be removed from their dOffi.estic service per City Ordinal1ce Section 9-1-4 and 9-4-8. Wells may be used for no.n-domestic purposes such as landscape irrigation. O..K.'! BUT NONE EXIST. FP -05-0.1 8 EXhibit B .Fulfer SUbS FP4doc (l'-. ...... . f~~"':-.~ . ~ t;......... ' Mayor & City Council Hearing Date: March 29, 2005 Page 5 3. One hundred watt, high-pressure sodiulTI streetlights will .be required at locations designated by the Public W arks 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 o.btain design. and pennit from the Public Works Deparbnent prior commencing installations~ O.K. 4. Co.mpaction test results must be submitted to the Meridian B.uilding Department for all building pads receiving engineered backfill, where footing would sit ato.p fill material. O.I(~~ BUT NO LOTS WILL BE FILLED MORE THAN ONE FOOT. 5 Coordinate fire hydrant placelnent with the City of Meridian's Water Works S.uperintendent DONE 6 Any tree over 4" in caliper that .is removed from the .property shall be replaced .by installing additional trees, being the equivalent number of caliper inches of trees that were removed. Required landscaping trees will not be considered as replacement trees for those trees that have to be removed. O.K.., BUT'I NO TREES EXIST ON THIS SITE. 7 Applicant shall be responsible for application and compliance with any Section 404 Permitting that Inay be required by the Army Corps ofEngineers~ 0.1(. 8 Applicant shall be responsible for application and compliance with and N.PDES Permitting that may be required by the Environmental Protection. Agency~ O~.K. STAFF RECOMMENDATION Staff reconunends approval of the final plat for Fulfer Subdivision No~ 5 with the above stated comments and conditions~ FP -05-0 I 8 EXhibit B FuI'fer SUbS FP .doc ( ( \. BEFORE THE MERIDIAN CITY COUNCIL C/C March 29, 2005 IN THE MATTER OF THE ) APPLICATION OF PARAMOUNT ) DEVELOPMENT, INC. FOR FINAL ) PLAT APPROVAL OF 33 SING.LE- ) FAMILY RESIDENTIAL BUILDING ) LOTS AND 1 COMMON LOT ON ) 7.69 ACRES IN AN R-8 ZONE ) LOCATED EAST OF NORTH ) LINDER ROAD AND NORTH OF ) WEST MCMILLAN ROAD IN THE ) NE ~ OF THE SW ~ OF T. 4N., R. ) lW., SECTION 25 ) ) CASE NO. FP-05-020 ORDER OF CON.DITIONAL A:PPROV AL OF FINAL PLAT This matter coming before the City Council for Final Plat ap.proval pursuant to Meridian City Code ~ 12-3-7 on March 29, 2005, and the Council finding that tIle Adlninistrative Review is complete froln Sonya Allen, Assistant City Planner for the Planning and Zoning Department, and Micllael Cole, Development Services Coordinator for the Public Works Department, dated: Hearing Date: March 29, 2005, to the Mayor and Council, and the Council having considered the requirements of the preliminary plat the Council takes the following action: IT IS HEREBY ORDERED THAT: 1 ~ T.he Final Plat of "PLAT SHOWING P ARAMO.UNT SU.BDIVISION NO. 6 ~ r" LOCATED IN THE NE ~ OF THE SW ~ OF T. 4N., R~ IW., SECTION 25, BOISE MERIDIAN., MERIDIAN, ADA COUNTY, IDAHO 2005, ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR PARAMOUNT SUBDIVISION NO.6 I (FP-05-020) page 1 of3 ( HANDWRITTEN DATE: 02/22/05, SHEET 1 OF 3, ENGINEERING SOLUTIONS, LLC", PARAMOUNT DEVELOPMENT, INC., Developer, is Conditionally Approved subject to those conditions of Staff comments as set forth in th.e Memoranduln to the Mayor and City Council from Sonya Allen, Assistant City Planner for the Planning and Zoning Department and Michael Cole, Development Services Coordinator for tIle Public Works Department, dated: Hearing Date: March 29, 2005, listing 15 SITE SPECIFIC REQUIREMENTS/FINAL PLAT and 10 GENERAL REQUIREMENTS, a true and correct copy of which is attached hereto marked Exhibit "A", and consisting of 4 pages, and by this reference inco~porated l1erein, and the response letter from Paramount Development, Inc., a true and correct copy of which is attached hereto marked Exhibit ".8" and consisting of1 page, and by this reference incorporated herein~ 2. The final plat u.po.n which there is contained the Certification an.d signature of the City Clerk and the City Engineer verifying that the plat meets th.e City's requirements shall be signed only at such time as: 1. The Plat dimensions are approved by the City Engin.eer; and 2. The City Engineer has verified that all off-site improvements are completed and/or the appropriate letter of credit or cash has been issued guaranteeing the completion of off-site and required on-site improvements. NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAKINGS ANALYSIS ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT .FOR PARAMOUNT SUBDIVISION NO.6 / (FP-05-020) page 2 of3 ( i. t.. 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 twe.nty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time .period within which a Petition for Judicial Review may be filed. Please take notice that this is a final action of the governing body of tIle City of Meridian, pursuant to Idaho Code g 67 -6521. An affected person. being a .person who has an interest in real property which may be adversely affected by this decision may, witllin twenty-eight (28) days after the date of this decision. and order, seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at .its regular meeting held on the Jqth day of -'Y\(lr~h , 2005. Dated: 4 ~ 29 ,-05 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR PARAMOUNT SUBDIVISION NO.6 / (FP-05-020) page 3 of3 (::.: .. i f'.... . t., . Ian .Ii~ ~I IDAHO }"'I lY / qltlCF. .: 1 1903 PUBLIC WORKS BUILDING DEPARTMENT (208) 898-5500 · Fax (208)898-9551 MAYOR TalTIll1Y de Wcerd PLANNING AND ZONING DEPARTMENT (208) 884-5 533 ~ FAX 888-6854 CITY COUNCIL MEMBERS Keitll Bird Cluisline Donnell Shaull Wardle C l1a r l es M. Ro UI1 tree STAFF REPORT: Hearing Date: March 29, 2005 To: Mayor, City Council and Planning & Zoning Commission ..(II[ Sonya Allen, Assistant City Planner () (y\ Michael Cole, Development Services Coordinator c.. From: Re: Paramount Subdivision No~ 6 Final Plat ~p.proval of Thirty-three (33) Single-Family Residential Building Lots and One (1) Common Lot on 7~69 Acres in an R-8 Zone, by Paramount Development, Inc. (File No. FP-05-020)~ We have reviewed the above referenced submittals and offer the following comments, as conditions of approvaL These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: APPLICATION SUMMARY & LOCATION The applicant, Paramount Development Inc~, has applied for Final Plat approval of 33 single- falnily residential building lots and 1 common lot on 7~69 acres of land for Paramount Subdivision No~ 6~ The zoning designation for the proposed subdivision is R-8 (Medium Density Residential). This phase of the subdivision will have a gross density of 4.29 d~.u~/acre and a net density of 5.50 d.u./acre~ Paramount Su.bdivision No~ 6 is located approximately 'l1 mile east ofN. Linder Rd~ and .~ mile north ofW. McMillan Rd., in the SW ~ of Section 25, T.4N., R~ lW~ TIle common area within this subdivision consists of a landscaped pathway lot. The .pressurized irrigation system within this development is to be ow.ued and maintained by the Paramount Homeowners Association~ A Conditional Use Permit (Planned Development) was approved for this subdivision that allowed. for a reduction in tIle minimum lot size from. 6,500 S.L to 5,500 s.f.; front setbac.ks reduced from 15' for living areas to 10'; street side setbacks reduced frotn 20' to 10'; and a reductio.n in street frontage from 65' to 50'. The submitted filIal .plat substantially cOlnplies with the approved preliminary plat. FP -05-020 EXhibit '-'A" Paralllount Sub6 FP~doc /~ ~ ~:.. Mayor & City Council Hearing Date: March 29, 2005 Page 2 StaffreCOlnmends approval of the final plat for ParamOullt Subdivision No~ 6 with the comments and conditions stated in this report SITE SPECIFIC COMMENTS / FIN.AL PLAT 1. Applicant is to meet all terms of the approved preliminary plat (PP-03-004), conditional use permit (CUP-D3-008) and development agreement (Inst. No. 1031371 16). 2. The applicant has indicated that the Paramount Homeowners Association will own and maintain the pressure irrigation system witlrin this developtnent The City of Meridian requires that pressurized irrigation systems .be supplied by a year-round source of water. If a creek or well source is not available, a single-point connection to the culinary water system shall be required. Plans and specifications for the irrigation systeln shall be reviewed by the Public Works Departm.ent as part of the development plan review process, and a draft copy of the pressurized irrigation system O&M manual must be submitted .p.rior to plan a:pprovaL If a single-point connection is utilized., the developer shall be responsible for tIle payment of assessments for the irrigable common areas prior to signature on the final plat .by the Meridian City Engineer~ 3. Temporary construction fencing to contain debris shall be installed along the .boundaries of this phase unless fencing already exists at the subdivision boundaries~ 4. Street signs are to be in. .place, water system shall be approved and activated, fencing installed, drainage lots constructed, road. base approved .by the Ada County Highway District and the Final Plat for this subdivision shall be recorded, prior to applying for building permits. 5. All develo.pment improvements, including sewer, fen ci n.g, micro-paths, pressurized irrigation and landscaping s.hall be installed and. approved prior to o.btaining certificates of occupancy. 6. A letter of credit or cash surety in the amount of 110% will be required for all fencin.g, landscaping, amenities, pressun.zed irrigation, sanitary sewer, water, etc., prior to signature on the final plat 7 · Sanitary sewer service and municipal water to this site shall be via extensions from existing mains. Applicant will be responsible to construct the sewer and water mains to and through this .proposed development, thereby Inaking them available to adjacent properties. Subdivision designer to coordinate main sizing and routing with the Public Works Department. Applicant shall execute City of Meridian standard forms of easements, for any mains that are required to provide service~ 8. Applicant sllalI 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. FP-OS-020 EXhibit "A" paramount S ub6 FP 4 dOC (0 t~ Mayor & City Council Hearing Date: March 29,2005 Page 3 9. The landscape plan prepared by The Land Group, dated 1/10/05 IS approved as submitted. 10. Revise or add the following notes on the face of the plat dated 2/22/05, prepared by Engineering Northwest: (11.) Delete note. (13.) Add Development Agreement Instrume.nt No.. 103137116. (14.) Add a note that states the owners.hip & maintenance responsibilities of the pressurized irrigation system within this development 11. Developer shall coordinate mailbox locations with the Meridian Post Office. 12. Please submit a copy of the Ada County Street NatTIe COlnmittee's "Final" letter for the street nam.es and lot & block numbering. Make all corrections necessary to comply. 13. Please submit all updated groundwater/soils monitoring data to the Public Works Departme.nt for review. Any drainage areas (detention/retention basins) must be designed to ensure that water is retained only d.uring IOO-year storm events, and for a period of time not to exceed 24 hours. Side slopes within drainage areas shall not exceed 3: 1. Any portion of a drainage area not improved with sod/grass seed (or other ap.proved landscaping) shall not count towards the required open space area. The project e.ngineer 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. Graphically depict a 5-foot wide easement along the northeast lot line of Lot 37 Block 8; and. Lot 2, Block 2. They are or will be side lot lines against future or existing pllases of this development 15. Staff s failure to cite s.pecific ordinance .provisions or terms of the ap.proved preliminary .plat or conditional use permit does not relieve the Applicant of responsibility for compliance. GENERAL REQUIREMENTS 1. All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per City Ordinance 12-4-13. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association (ditcl1 owners), with written approval or non-approval submitted to the Public Works Department If lateral users association ap.proval" can't be obtained, plans will be reviewed and approved by the meridian City Engineer prior to final plat signature FoP -05...020 Exhibit "A" ParamOUJlt Sub6 FoP ~doc C,.. (~ ~ \ Mayor & City Council Hearing Date: March 29,2005 Page 4 2~ AllY existing domestic wells and/or septic systems within this project will :have to be removed from tlleir d.omestic service per City Ordil1ance Section 9-1-4 and 9-4-8~ Wells tnay be used for non-doffi.estic purposes such. as landscape irrigation. 3. One-hundred-watt, hi gll-p res sure sodium streetlights will be required at locations designated by the Public Works Department All streetlights shall be installed at subdivider's ex.pense" Typical locations are at street intersections and/or fire hydrants 4 Final design locations an.d quantity are determined after power designs are completed by Idaho Power Company. The street light contractor shall obtain design and pemlit from the Public Warks Department prior commencing installations. 4. Compaction test results must be submitted to the Meridian Buildin.g Department for all b.uilding pads receiving engineered backfill, where footing would sit atop fill material. 5 Ap.plicant's engineer will .be required to submit a signed, stamped state.ment certifying that all street finish centerline elevations are set a minimum of three feet above the l1ighest established normal groundwater elevation. 6. Coordinate fire hydrant placement witll th.e City of Meridian's Public Works Department. 7. Ap.plicant shall be responsible for application and compliance with any Section 404 Pennitting tllat Inay be required by the Army Corps of Engineers. 8. Applicant shall be responsible for application and cOlnpliance with and NPDES Permitting that may be req.uired by the Environmental Protection Agency. 9" All development features shall comply witll the Americans with Disabilities Act and the Fair Housing Act. 10. Any tree over 4" in caliper that is removed from the pro:perty shall be replaced by installing additional trees, being the equivalent number of caliper inches of trees that were removed. Required landscaping trees will not be considered as replacement trees for those trees that have to be removed. STAFF RECOMMENDATION Staff recotnlnends approval of th.e final .plat for Paramount Subdivision No.6 with the above stated comments and conditio.us. FP-05~020 oExh i bi t "A~~ P aramou nt S u b6 FP. dOC 03/28/05 11:58 FAX 208 377 8962 l4J 001/001 {" ::~ \ EARAMOUNT March 28, 2005 Mayor Tammy DoWeerd Meridian City Council 33 E.. Idaho Ave. Meridian, ID 83642 RE: Paramount Subdivision No- 6 Dear Mayor and City Council: I have reviewed the staffreport for the final plat of Paramount Subdivision No.. 6. I am. in agreement with stair s recommended conditions and ask for your approval consistent with those conditions. Best regards, David Turnbull President Cc: PllrQJ11.0UIll ])i!1JelOpnretll Inc. . 1260] Ai: Explorer Drive . Suire 200 . Boise, Idaho 83713 , pWJt'.oarttmoullt-idaho.:com . Telephone (208) 378-4000 .. Fax (208) 377-8962 c... t....;L~. un.. ( roo ....:. . BEFORE THE MERIDIAN CITY COUNCIL C/C March 29, 2005 IN THE MATTER OF THE ) APPLICATION OF CAPITAL ) DEVELOPMENT, INC., FOR FINAL ) PLAT APPROVALOF41 SINGLE- ) FAMILY RESIDENTIAL BUILDING ) LOTS AND 3 COMMON LOTS ON ) 11.6 AC.RES IN AN R-8 ZONE ) LOCATED IN THE SOUTHEAST ) CORNER OF NORTH LOCUST ) GROVE ROAD AND EASE ) MCMILLAN ROAD IN THE N ~ OF ) THE NW 14 OF T. 4N., R., IE., ) SECTION 32 ) CASE NO. FP-05-021 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT This matter coming before the City Council for Final Plat approval pursuant to Meridian City Code S 12-3-7 on March 29,2005, and the Council finding that the Administrative Review is complete from Sonya Allen, Assistant City Planner for the Planning and Zoning Department, and MicllaeI Cole, Development Services Coordinator for the Public Works Department, dated: Hearing Date: March 29, 2005, to the Mayor and Council, and the Co.uncil having considered the requirements of the preliminary plat the Council takes the followi.ng action: IT IS HEREBY ORDERED THAT: 1. The Final Plat of"PLA T SHOWING SETTLEMENT BRIDG.E SUBDIVISION NO. 2 LOCATED IN THE N ~ OF THE NW ~ OF T. 4N., R. IE., SECTION 32, ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR SEITLEMENT BRIDGE SUBDIVISIO.N NO.2 / (FP-OS-021) page 1 Of 4 C... (.~~.. \ BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO 2005, HANDWRITTEN DATE: 03/01/05, SHEET 1 OF 3, ENGINEERING NORTHWEST, LLC ", CAPTIAL DEVELOPEMNT, INC., Developer, is Conditionally Approved subject to those conditions of Staff co:mments as set forth in the Memorandum to the Mayor and City Council from Sonya Allen, Assistant City Planner for tIle Planning and Zoning Department and Michael Cole, Develo.pment Services Coordinator for the Public Works .Department, dated: Hearing Date: March 29, 2005, listing 23 SITE SPECIFIC REQUIR:EMENTS/.FINAL PLAT and, a tru.e and correct copy of which is attached hereto In ark ed. Exhibit "A", and consisting of 4 pages, and by this reference incorporated llerein, and the additio.nal req.uirements from the action of the Council taken at their March 29, 2005 meeting as follows, to- wit: 1.1 Adopt the recom.mendation of the Central District Health Department as follows: The Central District Health requires after written approval from the ap.propriate entities are subtnitted, they can approve this proposal for central sewage and central water; that plans must be submitted to and approved by the Idaho Department of Health and Welfare, Division of Environmental Quality for central sewage and central water; that run-off is not to create a mosquito breedin.g problem; and it is s.uggested that th.e stormwater be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality; that engineers and arcllitects should obtain current best management practices for stormwater disposal and design a stormwater management system ORDER OF CONDITIONAL APPROVAL OF FINAL .PLAT FOR SETTLEM.ENT BRIDGE SUBDIVISION NO.2 / cPP-OS-02l) page 2 Of 4 I. (~ that is preventing groundwater and surface water degradation. Manuals for guidance: 1. State of Idaho Catalog of Stormwater Best Management Practices for Idaho Cities and Counties. Pr~pared by the Idaho Division of Envirorunental Quality, July 1997. 2. Stormwater Best Management Practices Guidebook. Prepared by City of Boise Public Works De.partment, May 2000. 2. T.he final :plat upon Wl1ich there is contained the Certification. and signature of the City Clerk and the City Engineer verifying that the plat meets the City's requirements shall be signed only at such time as: 1. The Plat dimensions are approved by the City Engineer; and 2. The City Engineer has verified tllat all off-site improvements are cOlupleted and/or the appropriate letter of credit or cash has been issued. guaranteeing the completion of off-site and required on-site improvements. NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAKINGS ANALYSIS TheA:pplicantis l1erebynotified that pursuant to Idaho Cod.e67-8003, 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 Inay be filed. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code ~ 67-6521. An affected person. being a .person who has an interest ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR SETTLEMENT BRIDGE SUBDIVISION NO.2 / (FP-OS-021) page 3 of4 (.(~. \~ in real.property which may be adversely affected by this decision Inay, within twenty-eight (28) days after tIle date oftllis decision an.d order, seek aj"udicial review as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held on the J0f .th day of --""-~ , 2005. Attest: , . artlnent, Pu.blic Works Department, and By: ....1 Y Clerk's Office Dated: L) 'p 2'1 ~ D~ ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR SETTLEMENT BRIDGE SUBDNISION NO.2 / (FP-OS-021) page 4 Of 4 ('.:.: .. :.: .yi (.,~.... . MAYOR Talnlny de Weerd PUBLIC WORKS BUILDING DEPARTMENT (208) 898w5500 · Fax (208)898-9551 CITY COUNCIL MEMBERS Keitl1 BiJU ChJ;stine Donnell Shaun Ward] e Cllarles M ~ Rountree PLANNING AN.D ZONING DEPARTMENT (208) 884-5533 · FAX 888-6854 STAFF REPORT: Hearing Date: March 29, 2005 To: Mayor, City Council and Planning & Zoning Commission j<'1/. Sonya Allen, Assistant City .Planner () Michael Cole, Development Services Coordinator rv\ c. From: Re: Settlement Bridge Subdivision No.2 Request for Final Plat Approval of Forty-one (41 ) Single-Family Residential Lots and Three (3) Common Lots on 11.6 Acres in an R-8 Zone for Settlement Bridge Su.bdivision No.2, by Capital Develo.pment, Inc.. (File No. FP-05-021). We have reviewed the above-referenced submittal and offer the following comments, as conditions of approval. These conditions shall be cons.idered in full, unless expressly modified or deleted by motion of the Meridian City Council: APPLICATION SUMMARY & LOCATION The applicant, Capital Developlnent, II1C., has requested final plat approval of the second phase of Settlement Brid.ge Subdivision. This phase of the subdivision consists of 41 single-family residential lots and 3 common lots on 11.6 acres. T.he gross density of this phase is 3.53 dwelling units per acre and. the net density is 4~37 dwelling units per acre. Settlement Bridge Subdivision is located off the south-east comer of N. Locust Grove Road and E. McMillan Road, in the NW ~ of Section 32, T.4N., R.IE. A Conditional Use Permit/Planned Development was approved for this subdivision. TIle City granted Settlement Bridge reductions to the minimum requirelnents for: lot size (from 6,500 s.f to 5,250 s.f.-detached); lot frontage (from 65-ft. to 58-ft for detached lots on straight-away streets, 3D-ft. for comer/cul-de-sac lots, 40-ft.. for attached lots on straight-away streets, and 28- ft. for comer/cul-de-sac lots); substandard cul-de-sac length (approx. 950-ft long), and; a sidewalk variance along McMillan Road (multi-use pathway instead of sidewalk). Staff finds that the proposed final plat substantially complies with the ~p.proved Preliminary Plat The final plat shows two building lots less than was approved on the preliminary plat; however, staff has no objection to this change due to the increase in. lot sizes. A s.mall amount of o.pen space was also eliminated at the rear of Lots 1-4 and. Lots 6-8, Block 16. The Planning Director has ~pproved this minor modification. FP -05 -021 Exhibit "'A" Settlement Bridge Sub2 FP +doc ( . ( Mayor & City Council Hearing Date: March 29, 2005 Page 2 Staff recommends approval of tIle second phase of Settlement Bridge Subdivision with the COlTIlnents and conditions stated in this repol1. CONDITIONS OF APPROVAL 1. Applicant shall meet all terlTIS of the approved Preliminary Plat (PP-03-041), Planned Develop.ment (CUP-03-065), and Development Agreement (Inst No. 104061807). 2. The pressurized irrigation system within this development is to be owned and maintained by the Home Ow.n.er's Association. The City of Meridian requires that pressurized irrigation systems be su.pplied by a year-round source of water. If a creek or well source is not available, a single-point connection to the luunicipal water system shall be required. Plans and specifications for the irrigation. system shall be reviewed by the Public Works Department as part of the development plan review process, and a d.raft copy of the pressurized irrigation system O&M manual must be submitted prior to plan approval. If a si.ngle-point cOlU1ection is utilized, the developer shall be responsible for the payment of assessments for the cormnon areas prior to signature on the final plat by the Meridian City Engineer. 3. Sanitary sewer service and municipal water to tllis site sIlall be via extensio.ns from existing mains. Applicant will be responsible to construct the sewer and water mains to and. through this .proposed development, thereby making tllem available to adjacent properties. Subdivision designer to coordinate main sizing and routing with the Public Works Departm.ent. Applicant s.hall execute City of Meridian standard forms of easements, for any mains that are required to provide service. 4. Applicant shall .be req.uired to pay Public Works development plan review, and constructio.u inspection fees, as determined during the .pIan review process, prior to signature on the final plat per Resolution 02-374. 5. Add or revise the following notes on tIle plat dated 3/1/05, prepared by Engineering Northwest: (10.) Include instrum.ent nu.mber 7. Any existing domestic wells and/or septic systems within this project shall be removed from their domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells may be used for non-domestic purposes such as landscape irrigation. 8. Street lights sllall be installed in compliance witll the approved streetlight agreement O.ne..Hundred watt (lOOw), high-pressure sodium streetlights will be required at locations designated by the Public Works Department All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. .Final design locations and quantity are determined after power designs are completed by Idaho Power Company. Street ligllt contractor to obtain design and permit from the Public Warks Department prior commencing installations. FP -05-021 EXhibit "A~' Settlement Bridge Sub2 FP .doc ( Mayor & City Council Hearil1g Date: March 29, 2005 Page 3 9. Compaction test results must be sublnitted to the Meridian Building Departmellt for all building pads receiving engineered backfill, where footing would sit atop fill material. lO~ Please sublnit all updated groundwater/soils monitoring data to the Public Works Department for review. Any drainage areas (detention/retention basins) must be designed to ensure that water is retained only during IOO-year storm events, and for a period of time not to exceed 24 hours. Side slopes withill drainage areas shall not exceed 3: 1. Any portion of a drainage area not improved with sod/grass seed (or other approved landscaping) shall not count towards tIle required open space area. The project e.ngineer sho.uld pay close attention to the results of field studies determining the groundwater, soil type & and characteristics during the design and construction phases. T.he en.gineer shall be required to certify that the street centerline elevations are set a Ininimum of 3-feet above the highest established normal groundwater elevation~ This is to ensure that the bo ttoln el evati on of the crawl spaces 0 f ho.m es is at least 1- foot abo ve. (All areas being counted toward the 10% ope.n space amenity shall be free of "wet ponds" or other such nuisances). 11 ~ Applicant shall be res.ponsible for ap.plication an.d compliance with any Section 404 Pennitting that may be required by the Anny Corps of Engineers. 12. Ap.plicant shall be respol1sible for application and co.mpliance with and NPDES Permitting that may be required by the Environmental Protection Agency. 13. Coordinate fire llydrant placelnent with the City of MeridianJs Public Works Department. 14. Sidewalks within the proposed su.bdivision shall be built in accordance with MCC 12-13- 1 0-8. 15. Graphically depict extra width for the Public Utilities, Drainage and Irrigation Easeme.nt ala.ng the Public Right-of-Ways where separated sidewalks encroach into the lots~ Easement width shall be increased to provide for the sidewalk encroachment plus a .minimum 1 0- foot 16. All development shall com.ply with the Americans with Disabilities Act and the Fair Housing Act. 17. Telnporary construction fencing to contain debris shall be installed at the .boundaries of this phase where no permanent fencing is proposed unless permane.nt fencing exists at the subdivision boundaries. 18. Street signs are to be in. place, water system shall be approved and activated, fencing installed, drainage lots constru.cted, road base approved by the Ada County Highway District and the Final Plat for this subdivision. shall .be recorded, prior to applying for building permits. FP-OS-021 EXhibit .'A" Settlement Bridge Sub2 FP odoc (..~.:. ~.~~. Mayor & City Council Hearing Date: March 29, 2005 Page 4 19.. All development improvelnents, including sewer, fencing, micro-paths, pressurized irrigation and landsc~ping shall be installed and approved prior to obtaining certificates of occupancy.. 20. A letter of credit or cash surety in the amount of 110% will be required for all fencing, landscaping, amenities, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the final plat. 21.. All irrigatio.n ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per City Ordinance 12-4-13. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with writtel1 ap.proval or non-approval submitted. to the Public Works Department If lateral users association approval can't be obtained, plans will be reviewed and approved by the meridian City Engineer prior to final plat signature 22.. Developer shall coordinate Inailbox locations with the Meridian Post Office. 23 · Staff s failure to cite specific ordinance provisions or terms of the approved preliminary .plat, conditional use permit or development agreement does not relieve Applicant of responsibility for compliance. RECOMMENDA TION Staff recolnmends approval of the final plat, with the above stated comments and conditions.. FP -05 -02 I EXhibit '~A;; Settlement Bridge Sub2 FPodoc (oo..~ (" -oo .oo . . BEFORE THE MERIDIAN CITY COUNCIL C/C March 29, 2005 IN THE MATTER OF THE ) APPLICATION OF HILLVIEW ) DEVELO.PMENT FOR FINAL PLAT ) APPROVAL OF 104 SINGLE- ) FAMILY RESIDENTIAL BUILDING ) LOTS AND 14 OTHER LOTS ) (INCLUDING A NEIGHBORHOOD ) PARK) ON 36.04 ACRES IN AN R-8 ) ZONE LOCATED ON WEST ) USTICK ROAD AND WEST OF ) EAGLE ROAD IN THE SE ~ OF T. ) 4N _, R. IE., SECTION 32 ) ) CASE NO. FP-05-019 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT This Inatter coming before the City Council for Final Plat approval pursuant to Meridian City Code S 12-3-7 o.n. March 29,2005, and the Council finding that the Adtninistrative Review is complete from Sonya Allen, Assistant City Planner for tIle Plarming and Zo.ning Department, and Michael Cole, Development Services Coordinator for the Public Works Department, dated: Hearing Date: MarcIl 29, 2005, to the Mayor and Council, and the Council having considered the requirements of the preliminary plat the Council takes the following action: IT IS HEREBY ORDERED THAT: l~ The Final Plat of "PLAT SHOWING CHAMPION PARK SUBDIVISION NO.3 :LOCA TED IN THE SE ~ OF T. 4N., R~ 1 E., SECTION 32, BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO 2005, HANDWRITTEN DATE: 02/15/05, ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR CHAMPION PARK SUBDIVISION NO.3 / (FP-OS-O 19) page 1 Of 5 t.. . \ SHEET 1 OF 5, ENGINEERING NORTHWEST, LLC", HILLVIEW DEVELOPMENT, Developer, is Conditio.nally Approved subject to those conditions of Staff COlnments as set fortl1 in the MemorandUlD to the Mayor and City Council from Sonya Allen, Assistant City Planner for the Planning and Zoning Department and Michael Cole, Development Services Coordinator for tIle Public Works .Department, dated: Hearing Date: March 29, 2005, listing 36 SITE SPECIFIC REQUIREMENTS/FIN.AL PLAT, a true and correct copy of which is attaclled hereto marked Ex11ibit "A", and consisting of 6 pages, and "by this referen.ce incorporated herein, and the response letter from Engineering Solutions, LLP, a true and correct copy of which" is attached hereto m.arked Exb.ibit "B" and consisting of3 pages, and by this reference incorporated 11erein, and the additional requirements from the action of the Council taken at their March 29, 2005 meeting as follows, to- wit: 1 ~ 1 Adopt the action of the City Council taken at their March 29, 2005 meeting, and specifically pertaining to the staff report, under Conditions of Approval, to delete num"ber 16 under Dum"ber 6, and revise .number 35, such ll"QW it reads as follows: CONDITIONS OF APPROVAL 35~ TIle applicant shall enter into an Agreement for Conveyance of the park land~ In part the 3.:p.plicant s"hnlI execute a ',1[ arrant)r Deed, that the Cit)~ \vill hold. The City \vill initiate a title report on the land, and based upon aceeptablc results, ~yyill formally accept the land and record the deed after the plat is recorded. The develooment aereement requires transfer of the park ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR CHAMPION PARK SUBDIVISION NO.3 / (FP-OS-O 19) page 2 of5 (:::..... ... prior to the "filing" of tIle tinalplat Both City and Developer agree that a more orderly transfer of the park property can occur after the plat l1as been recorded~ and that substantial cOlnpliance with the development agreement requirelnent can .be achieved by requiring an Agreement for Con.vevance of the park land as a site specific condition of approvaL 1.2 Ado"pt the Recommendation of the Central District Health Department as follows: The Central District Health requires after written approval from. the ap:propriate entities are submitted, they can ap.prove this proposal for central sewage and central water; t]lat plans must be submitted to and approved by the Idaho Department of Health and Welfare, Division of Environmental Quality for central sewage and central water; that run-off is not to create a mosquito breeding problem; and it is suggested that the stormwater be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality; that engineers and architects should obtain current best management practices for stonnwater disposal and design a stormwater management system that is preventing groundwater and surface water degradation. Manuals for guidance: l~ State of Idallo Catalog of Stormwater Best Management Practices for Ida.ho Cities and Counties. Prepared by the Idaho Division of Environmental Quality, July 1997. 2. Stormwater Best Management Practices Guidebook. Prepared by City of Boise Public Works Department, May 2000. ORDER OF CONDITIONAL APPROVAL O.F FINAL PLAT FOR CHANIPION PARK SUBDIVISION .NO. 3 / (FP-OS-019) page 3 of5 (- (. . .. 2. The final plat UpOll which tllere is contained the Certification and signature of tIle City Clerk and tIle City Engineer verifying that the :plat meets the City's requirements sIlall be signed only at suell tilne as: 1. Tile .Plat dimensions are approved by the City Engineer; and 2. The City Engineer has verified that all off-site improvements are completed and/or the a.p.propriate letter of credit or cash l1as been issued. guaranteeing the completion of off-site and required on-site im.provements. NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAKINGS ANALYSIS The Applicant is l1ereby notified that pursuant to Idaho Code 67 -8003, tile Owner may requ.est a regulatory taking analysis. SUCll req.uest must be i.n writing, and m:ust be filed with the City Clerk not .more than twenty-eigllt (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review .may be filed. Please take notice that this is a final action of the governing body of th.e City of Meridian, pursuant to Idal10 Code g 67 -6521. An affected person being a .person who has an interest in real property which may be adversely affected .by this decision may, witllin twenty-eight (28) days after the date of this decision and order, seek ajudicial review as provided by Chapter 52, Title 67, Idaho Code. ~-H- By action of the City Council at its regular meeting held on the ~ day of {yt(lr~ , 2005. ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR CHAMPION PARK SUBDIVISION NO.3 / (FP-OS-019) page 4 Of 5 /.~ . (. (' Attest: City Attorney. Dated: L-\"- 2q ';05 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR CHAMPION PARK SUBDIVISION NO. 3/ (FP-05-019) page 5 of5 (<-.. " i~~~ MAYOR Talnlny de Weerd . l~n 1\ /' '\J tt.:~ -.p- " \1 ID:\HO .:1 / PUBLIC WORKS BUILDING DEPARTMENT (208) 898-5500 · Fax (208)898-9551 P.LANNING AND ZONING DEPARTMENT (208) 884-5533 · FAX 888-6854 CITY COUNCIL MEMBERS Keitll Bird Cluistine Donnell Sllaun Wardle Cllarles M ~ Rou ntree STAFF REPORT: Hearing Date: March 29, 2005 To: Mayor, City Council and Planning & Zoning Commission Sonya Alle.n, Assistant City Planner (JIi M C Michael Cole, Development Services Coordinator' r l From: Re: Champion Park Subdivision No.3 (aka Parkstone Subdivision) Request for Final Plat Approval of One-hundred-four (104) Single-Family Residential Lots and Fourteen (14) Common Lots on 36~04 Acres in an R-8 Zone for Champion Park Subdivision No~ 3, by HiIlview Developluent Corporation (File No. FP-05-019)~ We have reviewed the above-referenced submittal and offer the following comments, as conditions of approval. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: APPLICATION SUMMARY & LOCATION The applicant, Hillview Development Corporatio.n, has requested final plat approval of the third phase of Champion Park Subdivision (preliminary platted under the name Parkstone Subdivision). This phase oftl1e subdivision consists of 104 single-family residential lots and 14 COlTImOn lots on 36~04 acres. The gross density of this phase is 2.89 dwelling units per acre and the net de.nsity is 4~83 dwelling units per acre. Champion Park Subdivision is located approximately Y2 mile west ofN. Eagle Road on tIle north side ofE. Ustick Road, in the SE ~ of Section 32, T.4N~, R.IE~ A Conditional Use Permit (CUP) for a Planned Development was approved for this subdivision that allowed for a 20% land use exception for a portion of the subdivision to be developed in a cormnercial manner. The CUP also allowed for redu.ctions to the front setbacks (from I5-ft. for living areas & 20-f1. for garages to 20-ft or 15-ft for .non-front entry garages), side setbacks (from 5-ft per story to 5-ft for single & two story .buildings), minimum lot size (from 6,500 s~f to 5,888 s.f~ for detached dwellings and from 4,000 s.[ to 3,883 s.( for attached dwellings), minimum street frontage (from 65-ft. to 60-ft. for detaclled d.wellings and from 40-ft to 25-ft. for cul-de-sac lots), minimum 110use size (from 1,301 s.f~ to 1,200 s.f. for detached dwellings), and allowance for block lengths to exceed 1,OOO-feet. FP-OS-O 19 Exhi bit "A" ChamPion park Sub3 FP .doc ~ ~... ~ {". . t:... .: ('..... . \,:..: Mayor & City Council Hearing Date: March 29, 2005 Page 2 Stafffinds that the proposed final plat substantially complies with the approved Prelilnil1ary Plat The final plat shows eight lots less than was approved on the preliminary plat; .however, staffhas no o.bjection to this change due to the increase in lot sizes. Staff recommends approval of the third pllase of Champion Park Subdivision with tIle comlnents and conditions stated in this report SITE SPECIFIC CONDITIONS OF APPROVAL 1. Applicant shall meet all terms of the approved Preliminary Plat (PP-02-033), Planned Development (C.UP-02-049), and Developtuent Agreement (lust No.1 03085229). 2. The pressurized ini.gation system within this development is to be owned and maintained by the Home Owner's Association. The City of Meridian requires that press-urized irrigation systems be supplied .by a year-round source of water. If a creek or well source is not available, a single-point connection to the municipal water system shall be required. Plans and specifications for the irrigation system shall be reviewed by the Public Warks Department as part of the development plan review process, and a draft co.py of the pressurized irrigation system O&M manual must be submitted. prior to plan ap.provaL If a single-point connection is utilized., the developer shall be responsible for the payment of asseSSlnents for the common areas prior to signature on the final plat by the Meridian City Engineer. 3.. Sanitary sewer and water service to these lots shall be via main line extensions from existing mains adjacent to the subdivision. Applicant will be responsible to construct the sewer and water tuains to and through this proposed development, thereby Inaking the.ill available to adjacent properties. Subdivision designer to coordinate main sizing and routing witll the Public Warks Department 4. Applicant shall be required to pay Public Works developlnent plan review, a.nd construction inspection fees, as determined during the plan review .process, prior to signature on the final plat per Resolution 02-374. 5. Any drainage areas (detention/retention basins) must be d.esigned to ensure tIlat water will percolate or discharge within a period of time not to exceed 24 hours for all storms up to and including a lOO-year storm event (All areas being counted toward the 10% open space amenity shall be free of "wet .ponds" or other such. nuisances). 6. Add or revise the following notes on the :plat dated 2/16/05, .prepared by Engineering Northwest: (6.) Remove Lot 12, Block 11 fro.m tllis note. (10.) Strike .note; N. Troxel Way is not on this plat (12. ) Include instrument number (14.) Add a note referring to the public pedestrian easement on a portion of Lot 12, FP-OS-OI9 Exh ibit "A~~ ChamPion park Sub3 FPodoc r..:. t. . : (r.. \:.:: Mayor & City Council Hearing Date: March 29, 2005 Page 3 Bloclc 11 and Lot 19, Block 16, and note the recorded instrulnent l1um.ber of tIle agreelnent. (15.) Add a .note restricting fencing adjacent to tIle pathways witllin the subdivision to being no greater than four feet in height if solid sigllt-obscuring material is used. (16.) Add a note, "Lot 12, Block 11, is to be conveyed to the City of Meridian for a public park.?1 7. Revise th.e Lalldscape Plan dated 2/9/05, prepared by Harvest Design, as follows: a. Fencing adjacent to the pathways may be no greater than 4-ft. in height if solid sight-obscuring material is used. Semi-private fencing witll "see-through" slats Inay be permitted with. a 2-ft lattice, per Preliminary Plat Finding #8, pg. 8. Revise tIle plan to reflect this requirement 8. Any existing domestic wells and/or septic systems within this project shall be retTIoved from tl1eir domestic service per City Ordinance Sectio.n 9-1-4 and 9-4-8. Wells may be used for non-domestic purposes such as landscape irrigation. 9. All irrigation ditc.hes, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided sllalI be tiled per City Ordinance 12-4-13. Plans will need to be approved .by the appropriate irrigation/drainage district, or lateral users association. (ditch owners), with written. approval or non-approval submitted to the Public Works Department If lateral users association approval can't be obtained, plans will be reviewed and approved by the Ineridian City Engineer prior to final :plat signature. 1 O. Street lights shall be installed in compliance witll the approved streetlight agreement. Two-hundred-fifty (250w), and one-hundred watt (lOOw), high-pressure sodium streetlights will be required at locations designated by the Public Works Department. All streetlights shall be installed. at subdivider's ex.pense. Typical locations are at street intersections and/or fire hydrants. Final design locations and q.uantity are detennined after power designs are completed by Id.allo Power Company. Street ligllt contractor to obtain design and permit from the Public Works Department prior conlmencing installations. 11. Please submit all updated groundwater/soils monitoring data to the Public Works Department for review. Any drainage areas (detention/retention. basins) must be designed to ensure tllat water is retained only during lOO-year storm events, and for a period of time not to exceed 24 hours. Side slopes within drainage areas shall not exceed 3:1. Any .portion of a drainage area not improved with sod/grass seed (or other approved landscaping) shall not count towards the required open space area. The project engineer sho.uld. 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 minilTIUm of 3-feet above the highest es.tablished normal groundwater elevation. This is to ensure that tIle bottom elevation of the crawl spaces of homes is at least I-foot above. FP-OS-O 19 Exllibit "A" ChamPion park Sub3 FP.doc {. ( ( \. Mayor & City Council Hearing Date: Marcl129, 2005 Page 4 12. All application for a Certificate of Zoning COlnpliance is required to be sublnitted to the Planning & Zoning Department for all structures located on Lot 11, Block 12. 13. Please sublnit a copy of the Ada County Street Nal11e COlnmittee's ".Final" letter for tIle street names and lot & block .11UIUbering. Make all corrections necessary to cOIn.ply. 14. Street names are not shown for two streets off ofN~ Pankratz Way 15. Per Preliminary Plat finding #3, pg, 7, the applicant shall get approval fro:m tIle Parks COlnmission prior to su.bmission of the detailed fencing plan for fencing adjacent to the proposed City Park. A note restricting the fen.cing adjacent to the park shall be added to the Fin.al Plat. 16~ A permanent public pedestrian easement shall be created for the pathway witllin Lot 19, Block 16 and shall be recorded prior to signature of the City Engineer on the fin.al plat. The easement s.hall be sufficient width to cover the 10-foot wide pathway shown. The 1 0- foot wide hard surfaced pathway shall be constru.cted and fully im.proved prior to the issuance of the first Certificate of Occupancy for any building within this phase of the subdivision. Applicant shall work with tIle City Parks .Dept.. and conform to the Park's Dept. standards for constru.ction of the pathway~ The Homeowner's Association is respo.nsible for maintenance of all landscaping adjacent to the pathway. 17. COlnpaction test results must be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 18. Applicant's engi.neer will .be required to submit a signed, stamped statelnent certifying that all street finish centerline elevations are set a minimum of three feet above the highest established normal groundwater elevation. 19. Coordinate fire hyd.rant placeln.ent Witll tIle City of Meridian's Public Works Department 20. Sidewalks witllin the pro.posed su.bdivision shall be built in accordance with MCC 12-13- 10-8. 21. All development shall comply with the Americans with Disabilities Act and the Fair Housing Act. 22. Temporary construction fencing to contain debris shall be installed at tIle boundaries of this phase where no permanent fencing is pro.posed unless permanent fencing exists at the subdivision boundaries. 23. Lot 37 Block 15 and Lot 2 Block 12 fail to meet street frontages mandated by the C..U.P.- 02-049. Adjust lots to :meet minilnum 60-foot requirement. 24. Graphically depict a 5-foot wide easement on the west side of Lot 19, Block 17; Lot 28 FP-OS-O 19 EXhibit "A" ChamPion park Sub3 FP odoc c. I. t. Mayor & City Council Hearing Date: March 29, 2005 Page 5 Block 16; Lot 39 Block 15, and Lot 2, Block 12. Tllese are, or will be sid.e lot lin.es to existing or future phases of this development. 25~ Graphically depict an 8-foot wide public utilities, drainage and irrigation easement on the south side of Lot 23, Blocl( 16; north side of Lot 8, Block 18; and. on the south side of Lot 46, Block 18.. The extra width is due to an irrigation main. 26. Graphically depict I5-foot wide easement o.n the northeast boundary of Lot 9 Block 19.. The extra width is due to an irrigation lnain. 27~ Strike the words "to a .point of curve" from the second to the last closing statement in the legal description in. Certificate of Owners. 28. Fencing lTIUst be in compliance with MCC 12-4-10. 29. Street signs are to be in. .place, water system s.hall be ~pproved and activated, fencing installed, drainage lots constructed, road base approved. by the Ada County Highway District and the Final Plat for this su.bdivision shall be recorded, prior to applying for building permits. 30. All development improvements, including sewer, fencing, micro-paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy. 31. All irrigation ditc.hes, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per City Ordinance 12-4-13~ Plans will need to be a.pproved by the appropriate irrigation/drainage district, or lateral users association, with written continnation of said approval sublnitted to tIle Public Works Department 32. Applicant shall be responsible for application and compliance with any Section 404 Pennitting that may be required by the Anny Corps of Engineers. 33. A.p.plicant shall .be responsible for application and compliance with and NPDES Permitting that may be required by the Environmental Protection Agel1cy. 34.. Developer shall coordinate mailbox locatio.ns with the Meridian Post Office. 35. The applicant shall enter into an Agreement for Conveyance of the park land.. In part the applicant shall execute a Warranty Deed, that the City will hold. The City will initiate a title report on the land, and based upon acceptable results, will formally accept the land and record the deed after the :plat is recorded. 36~ Staff's failure to cite specific ordinance provisions or terms of the approved preliminary plat, conditional use permit or develo:pment agreem.ent does not relieve Applicant of responsibility for compliance. FP-OS-O I 9 EXhibit UA" ChamPion park Sub3 FPodoc {.. . \ (~.': . Mayor & City Council Hearing Date: March 29, 2005 Page 6 RECOMMENDA TION Staff reCOlTIlnends approval of the final plat, with the above stated COlTIlnents and conditions. .FP-OS-O 19 EXhibit "A" Champj on park S ub3 FP .doc c.. .0 ;/.....-:-......... . (oo.. ..0 Oli ~~ 0) JoO 0\/0 J!:...:~:.:.; r:jj~... ~ > ) .J 2WJ5 WGINEERING pMftrt;~1 il~ tAfrd{fh~J (t;T"JrrJrU~ S 1~Y( b~ k1Jr( OLUTIONSup ~. )) i\- ~ ~ : r ~ ~. j ~ ~ ~ ~ ~ < ~ i <: r ~ ..:. {" ~ ~ .J: - j ~ :.. J 5() EJ.~ AiktM S~rtt:t~ Suu~ 13 r~8.r~.", ID S]{, I (J rh~~. (20ij) .}38~l98() I?Jt. {2fJH) 9J~'f..Or;+t I F "Ul...l i I "-'ii. rn.~ k ).m =/i.: q l\.C'.~ 1 nCI MarcIl 25" 2005 Mayor and Cily Council City of Meridian 33 East IdalIo fvteli clian~ rD 83(,42 Rc~ Chanlpion Park Subdivision No.3 (Final Plat) FP-05-0 19 Dear f'vlayor and Council: \Ve have revie\\fcd slaff C01TIIUents for the hearing date of March 291 2005., and have the following responses. SITE SPECIFIC COND.ITIONS OF APPROVAL I. The applicanl ,viII meet all tenns of the approved PrcliJninary Phu (PP-02M033)~ Planned Developnlcnt (C~UP-02-049)~ and Dcvcloplucnt Agree[ncnt (lnstrumcnt No. 103085229). 2. The applicant \viIl conlply. :1. The applicant ,vi II conlply. 4. The applicant will c0l11ply. 5. The applicant \viH COfllply. 6. The applicant \vill comply. NOTE: N. ~rroxcl \Vay is sho,,~n on Sheet 2 or the plat and abuts the park area; access to the future parking lot is proposed off N. Troxel \Vay, so lve agree \vith the deletion of Note 1 O. 7. The applicant ,viI] cOtnply. 8. The applicant ,viII cOlnply. 9. The applicant \vill cOlnply. 10. The applicant ,vilJ comply, C 00 Du;,;ummlS .lntl SClUng'io...gn:'cnrlocill Sctung:r;rcmpomr) mh:m;t ht::<o'oOLK14ooRo..sR~rnn~".dn;: r \hdut ~.rl"" (~ ~. ('"OO oo . {~ . 1\1ayor ilnd City ('launcH Ivt arc 11 25 ~ 2005 Page 2 II < The applicant \vill cotllply. 12. \Vc arc assulnillg this note should refer to LOl J 2~ Block II (the City Park lot). The overall site design will be approved by the C'ity o[Meridian and details of responsibilities out! ined in the conveyance agrecrnent. I 3 ~ The applicant \vill conlply. 14L Street nallleS \vjlJ be added to the plat. 15. The applicant \vilJ conlpJy. I (l~ The applicant \vi II conlply. 17~ The applicant \vill comply. 18~ The applicant \vill comply. 19~ The applicant ,viII cOlnply. 20. The applicant \vill comply. 214 The applicant \viJ] cOInp"Jy. 22~ The applicant will cornply. 23. The applicant will COIllply. 24. The applicant \viU cOlnply. 25~ The applicant will c0111ply. 26~ The appJicant \vill COlllply. 27~ The applicant \viJJ cOlnpJy. 284 The applicant \vill cOluply. 29~ The applicant \viH comply. 30~ The applicant will cOlnply. 3 I. The applicant \vill comply. ""tj The applicant \vill cOl11ply. ...lw. c... Do" Um~'11 B J I1U S clhngs" grcl.'fIL(..uca! SeUlngs-.:r cmpn r.uy In l C'met hits .,0 lK2 4., R t.\,; ~RI::'.iron.,,:e- do;.; 1.:.\ hi h:u ..ll ~t (.'-- ~. {~~.. (~- . Mayor and City Council 1vlarch 25 ~ 2005 Page 3 33. The applicant \viH C0I11pJy. 34. The applicant \vill conlply. 35. The applicant \vill cOlnply. 36~ Notcd~ We believe this letter addresses all items of the staff COITllnents. Please feel Ji.ee to call if you have additional COlTIUlents or questions. S i ncerel y ~ Engi.neering Solutions, LLP Sllari Sti Ics Plan ller {S5 cc: Mr. Jiln Merkle (' :...Documt.:llls nud Scamgs;---gret..,u'-.Loca! Scnings'--Tc.mpl:mlry 1.nt~Hlrt F! k"..{) lK24.. Rccl'R~pl:~n:J': dF( 1~.\hfOIt ':tun ( ** TX CL. i. RMAT I ON REPORT ** AS OF MAR 2S 'as ....._ d0 PRGE.el CiTY OF MER[DI~ DRTE TIME TO/FROM MODE M1N/SEC PGS CMD" STATUS 01 03/25 17: 21 20846644135 EC--S 131 ' 13 u 004 131 OK 02 03/25 17:23 8841159 EC--S 01" 14 n 004 131 OK 03 03/25 17=25 2088840744 EC--S 81'16" 004 131 OK 04 03/25 17:2? POLICE DEPT EC--S 01-14" 004 131 OK 0S 03/25 17:. 28 89855131 EC--S 01' 12tt 004 131 OK 06 03/25 17:30 LIBRARY EC--S 01136" 004 131 OK 07 03/25 17= 32 92083776449 EC--S 01 '12u 004 131 OK 08 03/25 17:34 P-AND-Z EC--S 01.14.' 004 131 OK 09 03/25 17: 36 ALL AMERICRN INS EC--S 01' 13" 004 131 OK 10 03/25 17:38 208 895 0390 EC--S 01113u 004 131 OK 11 03/25 17:39 1283001340 G3--S 01'3711 004 131 OK 2 03/25 17:42 208 3B? 6393 EC--S 01'13" 004 131 OK ~3 03/25 17: 43 ADA cry DEUELMT EC--S 01' 1411 004 131 OK 14 03/25 17: 45 8885052 EC--S 01' 13" 004 131 OK 15 03/25 17: 47 CHERRY LANE G3--S 02' 27 It 004 131 OK 16 03/25 17=53 IDRHO ATHLETIC C EC--S 01'14" 004 131 OK 17 03/25 17:52 ID PRESS TRIBUNE EC--S 01113" 004 131 OK 18 03/25 17=54 20088867131 EC--S 01~13" 004 131 OK 19 03/25 17:58 3886924 EC--S 01113" 004 131 OK -------------------------------------------------------------------------------------------- V UrJ.At r O>t fo<' V0lolic, fJcA\Q-- f \ CITY OF MERIDIAN CITY COUNCil REGULAR MEETING AGENDA Tuesday, March 29, 2005 at 7:00 p.m. City Counci J Chambers 1 ~ Rolf-can Attendan ce: Shalln Wardfe _ Christine Donnefl - Charlie Rountree Keith Bird - - Mayor TammYde'Weerd 2~ PJedge of Allegiance: 3, Community Invocation by Pastor Steve Moore, with Cherry lane Christian Church: 4. ,Adoption of the Agenda: 5. Consent Agenda: A~ Approve Minutes of March 1, 2005 CUy Pre-Councir Meeting: 8", Approve Mjnutes of March 1 f 2005 City Councif ReguJar Meeting; Co! Findings of Fact and Conclusions of law for Approval: CUP 04-054 Request for a Conditionaf Use Permit for a Planned Deveropment for retail uses in a C-N zone for The Shot!s at Cherrv Lane by High Point Equrties1 LLC - SWC of West Cherry lane and North Ten Mile Road; D. Water Main Easement for Red Robin by Eagle...Fairview Investments, Co~ LLC: E. Water Main Easeme nt far Jade Plaza: F~ Emernencv Manaaement Joint Powers Aareement: G. Development Agreement: RZ 04-018 Request a Rezone of ~74 acres from L-Q to C-C zone for Kinetico Qualitv Systems of Treasure Vallell by Irma Jean Philljps - 544 West ChellY Lane: MGridian City counCil Agenda - March 29. 2005 page 1 Of 4 An materiaJs presented at pubrjc meetings Shan become property Of the City Of MerJdian. Anyone deSiring accommOdation for disabilities related to documents and/or hearings Please contact the City Crerk.s Office at 8884433 at Jeast 48 hours prior to the PUbliC meeting. ( ** TX CONFIRMATION REPORT ** (V. ( .. .. AS OF MAR 25 105 17:21 PAGE. 01 CITY OF MERIDIAN DATE TIME TO/FROM MODE MIN/SEC PGS CMD~ STATUS 31 03/25 17: 17 381016121 EC--S 02'07" 004 131 OK 32 03/25 17:20 PUBLIC WORKS EC--S 01'13" 004 131 __~~_________________ ----------------------------------------------------------------------- lidht rDst tax" ~vbli~ fJ~(L-- f CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, Match 29,2005 at 7:00 p.m. City Council Chambers 1. Roll-call Attendance: Shaun Wardle __ Christine Donnell - Charlie Rountree Keith Bird ~ - Mayor Tammy de Weerd 2. Pledge of Allegiance: 3.. Community Invocation by Pastor Steve Moore, with Cherry Lane Christian Church: 4. ,Adoption of the Agenda: 5.. Consent Agenda: A. Approve Minutes of March 1 r 2005 City Pre-Council Meeting; B. Approve Minutes of March 1 r 2005 City Council Regular Meeting: \ ..;, c. Findings of Fact and Conclusions of Law for Approval: CUP 04-054 Request for a Conditional Use Permit for a Ptanned Development for retail uses in a C...N zone for The ShoDs at Cherry Lane by High POint Equities. LLC - SWC of West Cherry Lane and North Ten Mife Road: D. Water Main Easement for Red Robin by Eagle..Fairview Investments, Co. lLC: E. Water Main EasQment for Jade Plaza: F. Emertlenc'l Manaaement Joint Powers Aareement: G. Development Agreement: RZ 04-018 Request a Rezone of .74 acres from L..O to C-C zone for Kin9tico Qua'itv Systems of Treasure Vall~by Irma Jean Phillips - 544 West Cherry Lane; MerJdian City CounciJ Agenda - March 29~ 2005 Page 1 of 4 AH maleriars presenled at PUbliC meetings Shall become property Of the City Of MerIdian. Anyone deSiring accommodation for drsabiHoes related to documents and/or hearingS p~0ase contact the City Crerkts Office at 888-4433 at least 48 hours prior to the PUbliC meeting. t ** TX cOt-.- .RMAT I ON REPORT ** 02 03 e4 05 06 07 ~8 09 10 11 12 13 14 15 16 17 18 DATE TIME TO/FROM 03/30 07:56 PUBL-IC WORKS 03/30 07=58 8841159 03/3e 08:00 2088840744 03/30 08:02 POLICE DEPT 03/313 08: 04 89855131 03/30 08=06 LIBRARY 03/30 08:08 92083776449 03/30 08=10 3886924 03/30 08:11 P-AND-Z 03/30 08:13 208 895 0390 03/30 08:15 208 387 6393 03/30 ES:17 RDA Cry DEUELMT 03/30 08:19 8885052 03/30 08:21 IDAHO ATHLETIC C 03/30 08:23 10 PR~SS TRIBUN~ 03/30 08=25 2088886701 03/30 08:30 3810160 AS OF MAR 30 t 05.:.. ~...}: 32 PAGE. 01 MODE EC--S EC--S EC--S EC--S EC--S EC--S EC--S EC--S EC--S EC--S EC--S EC--S EC--S EC--S EC--S EC--S EC--S CITY OF MERIDIAN MIN/SEC PGS 01120J) 004 01121u 0134 01 t22:n 004 01'19n 004 01 t 19 J) 004 01'46u 004 01 t; 19"~ 004 01t21n 004 01 t 2(2)tt 004 011 20:" 004 131 J 19~t 004 01 · 20 " 004 01 J 20t. 004 01 ' 21 n 004 01 J 20l~ 1304 01 ' 20,t 004 02t l8u 004 CITY OF MERIDIAN CMDtI 155 155 155 155 155 155 155 155 155 155 155 155 155 155 155 155 155 STATUS OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK -------------------------------------------------------------------------------------------- CllY COUNCIL REGULAR MEETING AGENDA TuesdaYJ March 29, 2005 at 7:00 p"m. City Council Chambers Revised 3-29-05 1 A Roll...call Attendance: + Shaun Wardle --L Christine Donnell - Charfie Rountree ~ Keith Bird -L Mayor Tammy de Weerd 2. Pledge of Allegiance: CtJ I='. fJ.. p~ G. 3. Community Invocation by Pastor Burton RobertsJ with Meridian Gospel Tabernacle= ~u".....+12~ 4. Adoption of the Agenda: 5. Consent Agenda: ~ r"2(./ A. Approve Minutes of March 1, 2005 City Pre-Council Meeting: ~~ BA Approve Minutes of March 1, 2005 City Council Regufar Meeting: ~~ C. Findings of Fact and Conclusions of law for Approval: CUP 04-054 Request for a Conditional Use Permit for a Planned Development for retail uses in a C-N zone for The ShODS at Cherry Lane by High Point Equitiesl LLC - SWC of West Cherry lane and North Ten Mile Road: ~ ~ D. Water Main Easement for Red Robin by Eagle-Fairview Investments. eOI LLC: ~V1<.... E. Water Main Easement for Jade Plaza: "'f'P7'V..c.. F. Emeraencv ManaaementJoint Powers Aqreement: ~~ G. Development Agreement: RZ 04'11018 Request a Rezone of ~74 acres from L -0 to C-C zon e for Kinetico Qualitv Systems of Treasure Va lie V by Irma Jean PhHlips - 544 West Cherry Lane: 4f/ I ro ~ Meridian City council Agenda - March 29t ZOOS page 1 or 4 AU matenals presented at PUbliC meetings shalf become property Of the City Of Meridian. Anyone de$irin9 accOmmOdatiOn for disabmli0S reJated to documents and/or hearings prease contact the City Clerk'S Office at 88B--4433 at J9as1 4B hOUrs Prior to thO PUbliC meeting. l PAGE~01 ** TX ca~. &~MRTION REPORT ** AS OF MAR 21 t 05 ...t.... ~ 48 CITY OF MERIDIAN DATE TIME TO/FROM MODE MIWSEC PGS CMD~ STATUS 01 03/21 09:29 PUBLIC WORKS EC--S OO'21u 001 095 OK 02 03/21 09=30 8841159 EC--S 00t20n 001 095 OK 03 03/21 09:30 2088840744 EC--S 00' 20n 001 095 OK 04 03/21 09=32 POLICE DEPT EC--S OOt 20f~ ereJl 095 OK 05 133/21 09: 33 8985501 EC....-S 00'20" 001 095 OK 06 03/21 09:33 LIERARY EC--S 001 21~' eel 095 OK 07 03/21 09:34 92083776449 EC--S 00' 20.. 001 0.95 OK 08 03/21 09= 35 3886924 EC--S 00J20U 001 095 OK 09 '03/21 09:36 P-RND-Z EC--S OOJ 20 t, 001 095 OK 10 a3/21 09=37 208 895 0390 EC--S 00' 20') eel 095 OK 11 03/21 09:38 128300040 G3--S 00J24:fJ 001 095 OK 12 03/21 09:38 208 387 6393 EC--S 0€r' 19 t, 001 095 OK 13 03/21 09:39 ADR CTY DEVELMT EC--S oo~ 19Jt 001 095 OK 14 03/21 09= 40 8885052 EC--S 00 f 18" 001 095 OK 15 03/21 09:41 IDAHO ATHLETIC C EC--S OOt 18.' e01 095 OK 16 03/21 09:42 ID PRESS TRIBUNE EC--S 001 19J. e01 1395 OK 17 03/21 09: 43 2008886701 EC--S OOf19u aal 095 OK 18 03/21 09:47 3810160 EC--S OO'29u eel 095 OK -------------------------------------------------------------------------------------------- lOa.... CI)'hC\.l -:: ~ If\ 'tJ .... ""1 C'f -! -a .t: C'I :1 CD~:X:l) -510<>> CI):&a:-5 ::: ......CJ CD ::s s::: '" tt 0) ~).: t: CD 0 CD CD~CI).Q ~ -.... ~ CI) It) Q Q C\I ~ 5 0) C"I II :te O. ~~ t--.. ~ fa )..~ c-; rw) ~ Q) Q) co ....... aJ CD (.) IE o ~"" ~ ti c u Q) 5~ ~o CJ~ J!.:c cc: QCU u~ ! .! a- uf c: o ~ ;I ~ 0- ~ ~ ra ~ ctI .c:: :s ~ ~ j ...~},~~~1t~~ CrrY(H~ l~J~L.. . .:;...~. /:M~....... *'} ,,. erldlCrn-~l~ ~.\ ~I jY ~. ( . (-. ] r)~I\H() MAYOR Tammy de Vveerd CITY OF MERIDIAN CITY COUNCIL MEMBERS Willianl L. M. Nary Keith Bilad Cllal~les M. ROlll1t14ee S]1alln WaI'dle NOTICE OF RESCHEDULE CITY COUNCIL MEETING CITY DEr)AI~TMENTS Fire 540 E. Fr'allkli11 Road 888-1234/ fax 895-0390 The Regular Scheduled City Council Meeting for TUESDA Y, MARCH 22, 2005 has been rescheduled for IJ arks & Recl+e a ti 011 rll E. BOvVelr Stl~eet 888-3579 / fax 898-5501 TUESDA Y, MARCH 29th, 2005 at 7:00 p.m. Planning & Zoning 660 E. Wate14tolvver Lane Sui te 202 884-5533 / fax 888-6854 Police 1401 E. WatertoV\'et. Lal1e 888-6678/ fax 846-7366 The agenda for this meeting will be posted Friday, March 25, 2005. If you have any questions, please contact the City Clerk's Office at 888-4433. Pub"lic WOl~ks 660 E+ W aterto'~7el+ Larle Slli te 200 898-5500/ fax 898-9551 - Building 660 E. W atel~toweI' Lall.e Stlite 150 887-2211 / fax 887-1297 Dated this 18th day of March, 2005. William G. Berg, J . - - Se~ver (WWTP) 3401 N4 Tell Mile Road 888-2191/ fax 884-0744 - Water 2235 N. W. 8tll Street 888-5242/ fax 884-1159 Meridian City Council Special Meeting - March 29.2005 Page 1 of 1 AU materials presented at pubHc meetings shall become property of the Cjty of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the PUbliC meeting. CrT'}" l-1!\LL 33 Ef\S~r IOAI-IO t\VENUE ~vIERIDI!\N, 10/\1-10 83642 (208) 888-4433 crr'~ CI~t~RKMIII r~.\x 888.42] 8 l-llJi\l/\N r~ES()l~llCES ~r~~\x 884-8723 r:lNi\j\~CI: & U~rIL.[~r,r 1311~1~ING -..l":/\X 887-48]3 i\11\'r'OR'S or~F:ICE.....l~~\X 884-8119 ( (' Mayor & City Council Hearing Date: March 29,2005 Page 2 Comprehe.nsive Plan. TIle submitted. fmal plat still substa.ntially complies with the approved Preliminary Plat. Staffrecommends approval of the [mal plat for Paramount Su.bdivision No.7 with the comments and conditions stated in this report. SITE SPECIFIC COMMENTS / FINAL PLAT 1. Applicant is to meet all terms of the approved prelimin.ary plat (PP-03-004), conditional use permit (CUP-D3-008) and development agreement (Inst No. 103137116). 2. The applicant has indicated that the Paramount Homeowners Association will own and maintain the pressure irrigation. system within this development. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of waterz If a creek or well source is not available, a single-point connection to the culinary water system shall be required~ Plans and specifications for tIle irrigatio.n system shall be reviewed by the Public Works Department as part of the development plan review process, and a draft copy of the pressurized irrigation system O&M manual must be submitted prior to plan approval. If a single-point connection is utilized, the developer shall be responsible for the payment of assessments for tIle irrigable common areas prior . to signature on tIle fmal plat by the Meridian City Engineer. 3. Permanent perimeter fencing is required along tIle northern and western bou.ndaries of this phase. Submit a fencing plan with a detail of tIle proposed fence. Temporary construction fencing to contain debris shall be installed along the eastern and southern boundaries of this phase unless fe.ncing already exists at the subdivision boundaries. 4. Sanitary sewer service and municipal water to this site shall be via extensions from existing mains in previous phases. Applicant will be responsible to construct the sewer and water mains to and through this proposed development, thereby making them available to adjacent .properties. Subdivision designer to coordinate main sizing and routing with the Public Works Department. Applicant shall execute City of Meridian standard forms of easements, for any mains that are required to provide service. 5. Graphically depict a. 14~5-foot wide Public Utilities, Drainage and Irrigation easement along the western property lines of Lots 16,17,18,19; Block 4. The extra width is .necessary to accommodate an irrigation main shown on the construction to be installed 9.5 feet off of the pro.perty line. 6~ TIle applicant shall depict on the face of the plat the "Real Point of Beginning." 7. Revise or add the following .notes on the face of the plat dated 4/14/05, prepared by Engineering Nortllwest: FP-05..030 Exhib i t "A" Paranlount Sub7 FP.doc !; : Mayor & City Council Hearing Date: March 29, 2005 Page 3 (11.) Include recorded instrument number 8. Developer shall coordinate mailbox locatio.us with the Meridian Post Office. 9. Please submit a copy of the Ada County Street Name Co.mmittee's "Pinal" letter for the street names and lot & block numbering. Make all corrections necessary to comply. 10. Please submit all updated groundwater/soils .monitoring data to the Public Works Department for review.. Any drainage areas (detention/retention basins) must be designed to e.nsure that water is retained o.nly during IOO-year stO.tID events, and for a peri.od of time .not to exceed 24 hours. Side slopes within drainage areas shall not exceed 3: 1. Any portio.n of a drainage area not improved with sod/grass seed (or other approved landscaping) shall not count towards the required open space area. The project engineer should pay close attention to the results of field. studies determining the groundwater, soil type & an.d characteristics d.uring 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. 11. Staff s failure to cite specific ordinance provisions or terms of the approved development agreement, preliminary plat or conditional use permit does not relieve the Applicant of responsibility for compliance. GENERAL REQUIREMENTS 1. All irrigation ditc.hes, laterals or canals, exclusive of natural waterways, i.ntersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per City Ordinance 12-4-13. Plans will need to .be approved by the appropriate uTigation/drainage district, or lateral .users association (ditch owners), with. written approval or non-ap.proval submitted to the Public Warks Department. If lateral users association approval can't be obtained, alternative plans will be reviewed and approved by the meridian City Engineer prior to final plat signature. 2. Street signs are to .be in place, water system shall be approved and. activated, fencing installed, drainage lots constructed, road base approved by the Ada County Higllway District and the Final Plat for this subdivision shall be recorded, prior to applying for building permits. 3. Street signs are to be in place, water system shall be ap.proved and activated, fencing installed, drainage lots constru.cted, road base approved by the Ada County Highway District and the Final Plat for this subdivision shall be recorded, prior to applying for building permits. 4. All development improvements, including sewer, fencing, micro-paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy. FP-05-030 Exhibit "A" Paramount Sub? FP.doc ( Mayor & City Council Hearing Date: March 29,2005 Page 4 5. Applicant shall .be required to pay Public Works development plan review, and construction inspecti.on fees, as determined during tIle plan review process, prior to signature on the final plat per Resolution 02-374. 6. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Sectio.n 9-1-4 and 9-4-8. Wells may be used for non-domestic purposes such as landsca.pe irrigation. 7. All grading of tIle site shall be preformed in conformance with MCC 11-12-3H. 8. o ne-hundred-watt, higl1-.pressure sodium. streetligllts will be required at locations designated by the Pu.blic Warks Department All streetlig.hts shall be installed at subdividees expense. Typical locatio.ns 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 Warks Department prior comme.ncing installations. 9. Compaction. test results must be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 10. Applicant's engineer will be required to submit a signed, stamped stateme.nt certifying that all street finish centerline elevations are set a minimum of tlrree feet above the highest established normal groundwater elevation. 11. Coordinate fIre hydrant placement with the city of Meridian Pu.blic Warks department. 12. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 13. Applicant shall be responsible for applicatio.n and compliance with and NPDES Permitting that may be required by the Environmental Protection Agency~ 14. All development features shall comply with the Americans with Disabilities Act and the Fair Housing Act. 15. Any tree over 4" in caliper that is re.moved from the pro.perty shall be replaced by installing additional trees, being tIle equivalent number of caliper inches of trees that were removed. Required landscaping trees will not be considered as replacement trees for those trees that have to be removed. STAFF RECOMMENDATION Staff recommends approval of the fmal plat for Paramount Su.bdivision No.7 with the above stated comments and conditions. .FP-05-030 Exllibit "A;' Paramount Sub7 .FP.doc .x. .0blic- CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, March 29, 2005 at 7:00 p.m. City Council Chambers 1 a Roll-call Attendance: Shaun Wardle Christine Donnell Charlie Rountree Keith Bird Mayor Tammy de Weerd 2. Pledge of Allegiance: 3. Community Invocation by Pastor Steve Moore, with Cherry Lane Christian Church: 4. Adoption of the Agenda: 5. Consent Agenda: A. Approve Minutes of March 1, 2005 City Pre-Council Meeting: B. Approve Minutes of March 1, 2005 City Council Regular Meeting; c. Findings of Fact and Conclusions of Law for Approval: CUP 04-054 Request for a Conditional Use Permit for a Planned Development for retail uses in a C-N zone for The Shops at Cherry lane by High Point Equities, LLC - SWC of West Cherry Lane and North Ten Mile Road: D. Water Main Easement for Red Robin by Eagle-Fairview Investments, Co. LLC: E. Water Main Easement for Jade Plaza: F.. Emeraency Manaqement Joint Powers Aareement: G. Development Agreement: RZ 04..018 Request a Rezone of ,,74 acres from L-Q to C-C zone for Kinetico Qualitv Systems of Treasure Vallev by Irma Jean Phillips - 544 West Cherry Lane: Meridian City Council Agenda - March 29, 2005 Page 1 of 4 AU materiaJs presented at PUbliC meetings Shalt become property Of the City Of Meridian. AnYOne deSiring accommodation for disabilities related to documents and/or hearingS Please contact the City Clerk's Office at 888-4433 at feast 48 hours prior to the PUbliC meeting. f.~.. . t,",::" . H. Chanae Order No. 5 to extend the curb and gutter for Storey Park Phase II Construction: L Chanae Order No.6 to widen and pave for Storey Park Phase II Constructi on: J. Assessment Aareement for Boondocks Fun Center at 1385 South Blue Marlin: K. . Easements for Construction of the Victory I Meridian Road Waterline with Evans: l. Overland Road Water and Sewer Desiqn with Civil Survey in Coniunction with ACHD: M. Award bid for Flushina Stations Construction to Star Construction: N. Water Main Easement for Gravstone Buildina (L 1 I 84 Silverstone Business Campus) by Sundance L TP: o. Sewer Service Contract for the North Slouah Sewer Proiect: P. License Agreement for the North Slouah Sanitary Sewer Proiect: QII Change Order No. 1 for the North Slough Sanitary Sewer Proiect: R. Award Bid and Contract for Meridian Senior Citizen Center Upgrades by KMO, Inc.: 6. Department Reports: A. Mayor's Office 1. Appointment of Traffic Safety Commission - Jim Fisher: B. Parks Department - Doug Strong 1. Update on Chateau Park Irriaation: c. City Attorney - Bill Nary 1. Proposed Solid Waste Collection Ordinance: Merjdian City Council Agenda - March 29, 2005 Page 2 of 4 An materiaJs presented at public meetings shan become property of the City of Meridjan~ AnYOne desfring accommodation for djsabilities related to documents and/or hearingS Please contact the Cjty Cferkts Office at 888-4433 at reast 48 hours prior to the pubric meeting, /.. .. i. .. ~~~.. . ('< ro-. 2. Draft Ordinance for License Alcohol Establishments and Prohibitina Two License Establishments within the Same Premise: 7. (Items Moved from Consent Agenda) 8. Tabled from March 29, 2005: Approve liquor license for Backwater Saloon: 9. Approve liquor license for Top Shelf located at 127 East Idaho Avenue: 10. Approve Liauor License for Eddv's located at 501 South Main Street: 11. FP 04-084 Request for Final Plat approval of 33 single family residential building lots and 3 common lots on 1 0.07 acres in a R-8 zone for Arcadia Subdivision by Pinnacle Engineers, Inc. - 5995 North Jericho Road: 12. FP 05-019 Request for Final Plat approval of 1 04 single-family building lots and 14 other lots (including a neighborhood park) on 36.04 acres in a R-8 zone for Champion Park Subdivision No.3 (preliminary platted as Parkstone Subdivision) by Hillview Development - West Ustick Road and west of Eagle Road: 13. FP 05-020 Request for Final Plat approval for 33 single-family residential building lots and 1 common lot on 7.69 acres in a R-8 zone for Paramount Subdivision No.6 by Paramount Development, Inc. - east of North Linder Road and north of West McMillan Road: 14. FP 05-018 Request for Final Plat approval for 45 single-family residential building lots and 1 common lot on 13.56 acres in a R-4 zone for Fulfer Subdivision No.5 by Kevin Howell Construction) Inc. - north of West McMillan Road and east of North Ten Mile Road: 15. FP 05-021 Request for Final Plat approval for 41 single-family residential building lots and 3 common lots on 11.6 acres in a R-8 zone for Settlement Bridge Subdivision No.2 by Capital Development,~ Inc. _ southeast corner of North Locust Grove Road and East McMillan Road: '~/though the City of Meridian no longer requires sworn testimony, all presentations before the Mayor and City Council are expected to be truthful and honest to best of the ability of the presenter. " 16. Public Hearing: VAC 05-002 Request for a Vacation of existing power Jines, sewert irrigation and storm water drainage easements for Boise Vallev Commons by CSHQA - 2400 East Overland Road: Meridian City Council Agenda - March 29, 2005 Page 3 of 4 AU materials presented at pUbliC meetingS shalJ become property Of the Cjty Of Meridian. AnYOne deSiring accommodation for disabHitfes related to documents and/or hearingS Please contact the City Clerk'S Office at 888-4433 at least 48 hours Prior to the PUbliC meeting, i. t 17. Public Hearing: PFP 05-001 Request for a Preliminary/Final Plat approval of 5 building lots on 5.28 acres in a C-C zone for Bonito Subdivision No.2 by Kimball Properties - SWC of South Eagle Road and West Overland Road: 18. Continued Public Hearing from February 15, 2005: CPA 04-003 Request for a Comprehensive Plan Map Amendment to change approximately 48 acres from Industrial to Mixed-Use Regional for Ten Mile Development~ lLC by Hansen-Rice, Inc. - SWC of North Eagle Road and East Pine Avenue: 19. Public Hearing: RZ 04-017 Request for a Rezone of 61.63 acres from I-L & L-Q to C-G zone for Ten Mile Development, LlC by Hansen-Ricer Inc. - SWC of North Eagle Road and East Pine Avenue: 20. Public Hearing: CUP 04-051 Request for a Conditional Use Permit for a Conceptual Planned Development for commercial/retail uses for approximately 615,430 square feet of building areas in a proposed C-G zone for Ten Mile Development, LLC by Hansen-Rice, Inc. - SWC of North Eagle Road and East Pine Avenue: 21. Ordinance No. AZ 04-011 REVISED Request for Annexation and Zoning of 9.8 acres to R-8 zone for Alexandria Subdivision by Lonnie Johnson - 4205 North Locust Grove Road: 22. Ordinance No. RZ 05-001 Request for a Rezone of .249 acres from R-8 to O-T zone for Robert Monson by Robert Monson - 829 North Meridian Road: 23. Ordinance No. : RZ 04..018 Request a Rezone of .74 acres from L-Q to C-C zone for Kinetico Qualitv Systems of Treasure Vallev by Irma Jean Phillips - 544 West Cherry Lane: 24. Executive Session per Idaho State Code 67-2345(1)(a)(c)&(f): Meridian City Council Agenda - March 29, 2005 Page 4 of 4 AU materiars presented at public meetings shaH become property of the City of Meridian. AnYOne deSiring accommodation for disabilities rerated to documents and/or hearingS Please contact the City Clerk'S Office at 888-4433 at least 48 hours Prior to the PUbliC meeting,