The URL can be used to link to this page

Home My WebLink About2005-07-26 CITY OF MERIDIAN CITY COUNCIL SPECIAL MEETING AGENDA Tuesday, July 26,2005 at 6:00 p.m. City Council Chambers 1. Roll-call Attendance: ~ Shaun Wardle ~ Charlie Rountree ~ Christine Donnell ~ Keith Bird ~ Mayor Tammy de Weerd 2. Adoption of the Agenda: Approve "Although the City of Meridian no longer requires sworn testimony, all presentations before the Mayor and City Council are expected to be truthful and honest to best of the ability of the presenter. " 3. Public Hearing: Downtown Meridian Transportation Management Plan - consider adoption of plan which recommends preferred layout for Downtown Traffic Patterns: Approve Recommendation of Plan 4. Public Hearing: Application for an Ordinance for a New Title 11 Unified Development Code replacing / repealing Title 11 Zoning Regulations and Title 12 Subdivision Development of the Meridian City Code: Continue Public Hearing to August 9, 2005 at 6:00 P.M. Meridian City Council Special Meeting Agenda - July 26, 2005 Page 1 of 1 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. CITY OF MERIDIAN CITY COUNCil SPECIAL MEETING AGENDA Tuesday, July 26,2005 at 6:00 p.m. City Council Chambers ~ Christine Donnell ~ Keith Bird ~ Mayor Tammy de Weerd 2. Adoption of the Agenda: ~II'<-- 1. Roll-call Attendance: L Shaun Wardle ~ Charlie Rountree "A/though the City of Meridian no longer requires sworn testimony, al/ presentations before the Mayor and City Council are expected to be truthful and honest to best of the ability of the presenter." 3. Public Hearing: Downtown Meridian Transportation Management Plan - consider adoption of plan which recommends preferred layout for Downtown Traffic Patterns: ~~ ~C-</Yn.~~ (}/2 td~ 4. Public Hearing: Application for an Ordinance for a New Title 11 Unified Development Code replacing I repealing Title 11 Zoning Regulations and Title 12 Subdivision Development of the Meridian City Code: ~ jJ/~ /-tJ ~,f- '1/ 'h;?(JS- € 6:oojJn-v Meridian City Council Special Meeting Agenda - July 26, 2005 Page 1 of 1 All materials presented at pUblic meetings shall become property ofthe City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings, please contact the City Clerk's Office at 888-4433 at least 48 hours priorto the public meeting. /YI-e aft ~ ftf -/( ~ jJl,;v/J& C ;.1# h~ - ;7)( /f--! ftk MAYOR Tammy de Weerd CITY COUNCIL MEMBERS Keith Bird Christine Donnell Charles M. Rountree Shaun Wardle CITY DEPARTMENTS Fire 540 E. Franklin Road 888.1234 / fax 895.0390 Parks & ReCl'eation 11 W. Bower Street 888.3579 / fax 898.5501 Planning 660 E. Watertower Lane Suite 202 884.5533 / fax 888.6844 Police 1401 E. Watertower Lane 888.6678/846.7366 Public Works 660 E. Watertower Lane Suite 200 898.5500 / fax 898-9551 . Building 660 E. Watertower Lane Suite 150 887-2211/ fax 887-1297 - Wastewater 3401 N. Ten Mile Road 888-2191/ fax 884.0744 - Water 2235 N.W. 8th Street 888-5242 / fax 884-1159 NOTICE OF SPECIAL MEETING MERIDIAN CITY COUNCil NOTICE IS HEREBY GIVEN that the City Council of the City of Meridian will hold a Special Meeting at Meridian City Hall, 33 East Idaho Avenue, Meridian, Idaho, on Tuesday, July 26, 2005 at 6:00 P.M. The Meridian City Council will discuss the following items: - Public Hearing: Downtown Meridian Transportation Management Plan - consider adoption of plan which recommends preferred layout for Downtown Traffic Patterns - . Public Hearing: Application for an Ordinance for New Title 11 Unified Development Code replacing / repealing Title 11 Zoning Regulations and Title 12 Subdivision Development of the Meridian City Code The public is welcome to attend the meeting. DATED 22nd day of July, 2005. d~4 CITY HALL 33 EAST IDAHO A VENUE MERIDIAN, IDAHO 83642 (208) 888-4433 CITY CLERK - FAX 888-4218 CITY ATTORNEY / HR - FAX 884.8723 FINANCE & UTILITY BILLING _ FAX 887-4813 MAYOR'S OFFICE _ FAX 884.8119 Printed On recycled paper jJleptj{ jJoff-!wC/w:Ut2- ;tlt?~ - ;1--41 CITY OF MERIDIAN CITY COUNCil SPECIAL MEETING AGENDA Tuesday, July 26, 2005 at 6:00 p.m. City Council Chambers 1. Roll-call Attendance: Shaun Wardle Christine Donnell Charlie Rountree Keith Bird _ Mayor Tammy de Weerd 2. Adoption of the Agenda: "Although the City of Meridian no longer requires sworn testimony, all presentations before the Mayor and City Council are expected to be truthful and hOlJest to best of the ability of the presenter. " 3. Public Hearing: Downtown Meridian Transportation Management Plan - consider adoption of plan which recommends preferred layout for Downtown Traffic Patterns: 4. Public Hearing: Application for an Ordinance for a New Title 11 Unified Development Code replacing I repealing Title 11 Zoning Regulations and Title 12 Subdivision Development of the Meridian City Code: Meridian City Council Special Meeting Agenda - July 26, 2005 Page 1 of 1 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. otG~crl'Yd()l=l.C[,n :1/ ~\ ~I ~c,"',.. .. . IDAIIO << / ~1903 MAYOR Tammy de Weerd CITY COUNCIL MEMBERS Keith Bird Christine Donnell Charles M. Rountree Shaun Wardle CITY DEPARTMENTS Fire 540 E. Franklin Road 888-1234 / fax 895-0390 Parks & Recreation 11 W. Bower Street 888-3579 / fax 898-5501 Planning 660 E. Watertower Lane Suite 202 884-5533 / fax 888-6844 Police 1401 E. Watertower Lane 888-6678/846-7366 Public Works 660 E. Watertower Lane Suite 200 898-5500 / fax 898-9551 - Building 660 E. Watertower Lane Suite 150 887-2211 / fax 887-1297 - Wastewater 3401 N. Ten Mile Road 888-2191 / fax 884-0744 - Water 2235 N.W. 8th Street 888-5242/ fax 884-1159 NOTICE OF SPECIAL MEETING MERIDIAN CITY COUNCIL NOTICE IS HEREBY GIVEN that the City Council of the City of Meridian will hold a Special Meeting at Meridian City Hall, 33 East Idaho Avenue, Meridian, Idaho, on Tuesday, July 26,2005 at 6:00 P.M. The Meridian City Council will discuss the following items: - Public Hearing: Downtown Meridian Transportation Management Plan - consider adoption of plan which recommends preferred layout for Downtown Traffic Patterns -:-- Public Hearing: Application for an Ordinance for New Title 11 Unified Development Code replacing / repealing Title 11 Zoning Regulations and Title 12 Subdivision Development of the Meridian City Code The public is welcome to attend the meeting. DATED 22nd day of July, 2005. d~~ CITY HALL 33 EAST IDAHO A VENUE MERIDIAN, IDAHO 83642 (208) 888-4433 CITY CLERK ~ FAX 888-4218 CITY ATTORNEY / HR - FAX 884-8723 FINANCE & UTILITY BILLING - FAX 887-4813 MAYOR'S OFFICE - FAX 884-8119 Printed on recycled paper ( ** TX CONFI f.., .., rlDN REPORT ** JUL 12 PAGE. 01 CITY OF MERIDIAN DATE TIME TO,FROM MODE MIN'SEC PGS CMDIt STATUS 19 07,12 15:23 PUBLIC WORKS EC--S 00' 34" 001 217 OK 20 07/12 15:25 8841159 EC--S 66'34" 601 217 OK 22 07,12 15: 27 2088840744 EC--S 00'33" 001 217 OK 24 67/12 15:29 POLICE DEPT EC--S 00'33" e€ll 217 OK 2S 07,12 15: 313 89855€ll EC--S €l0' 32" 001 217 OK 26 €l7'12 15: 31 LI BRARY EC--S 00'43" 001 217 OK 27 e7,12 15:33 92083776449 EC--S 021' 32" eel 217 OK 28 e7/12 15:34 3886924 EC--S ee' 32" e01 217 OK 29 B7/12 15: 35 P-AI'lD-Z EC--S 0e'33" e01 217 OK 313 67/12 15:362688950390 EC--S e2l'33" e01 217 OK 31 07/12 15: 37 1283e61340 G3--S e0'40" 001 217 OK 32 07/12 15: 38 208 387 6393 EC--S B0'33" e01 217 OK (J l.eteJ t ff}J f fGr. ;/u6{/C Nolru -- 72~~.J CITY OF MERIDIAN NOTICE OF PUBLIC HEARING AMENDING THE ZONING & SUBDIVISION DEVELOPMENT ORDINANCES NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the Laws of the State of Idaho that Ihe City Council of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Avenue, Meridian, Idaho on Tuesday, July 26, 2005 at 6:00 p.m. for the purpose of reviewing and considering the applications of an ordinance to repeal Title 11 Zoning Regulations and Title 12 Subdivision Development of the Meridian Cily Code and to replace with a new Title 11 Unified Development Code. The new ordinance embodies the official zoning ordinance of the City of Meridian to provide for orderly growth and development and carry out the policies of Meridian's Comprehensive Plan. The Unified Development Code will not include the R-3 and T-E zoning classifications. Properties that currently have these zones will be rezoned to R-2 and L-O respectively. More and all specific changes can be reviewed by going to the City of Meridian's web site at www.meridiancitv.org and searching on the Planning and Zoning Department's web page. You may also view and inspect the application at the City Clerk's Office at 33 East Idaho Avenue, Meridian, Idaho and the Planning and Zoning Department at 660 East Watertower Lane, Meridian, Idaho during regular business hours, Monday through Friday, from 8:00 a.m. to 5:00 p.m. If you would like to purchase a paper copy and I or disk copy, please call in advance to the Planning and Zoning Department at 884-5533 or the City Clerk's Office at 888-4433. My and all interested parsons shall be heard at said public hearing, and the public is welcome and invited to submit testimony. Oral testimony may be limited to three (3) minutes per person. Written materials I testimony may be submitted seven (7) days prior to the above hearing date so that all interested parties may examine them prior to the hearing. All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and I or hearings, pI contact the City Clerk's Office at 888-4433 at least 72 hours prior to t~i meeting. I~\' . .~ . Dated this 1st day of July, 2005. t . '<! Publish July 4th and July 18th, 2005 ( ** TX CONF I RMH J 1 ON REPORT ** AS OF JUL 12 PAGE.01 CITY OF MERIDIAN DATE TIME TO/FROM MODE MIN/SEC PGS CMDIt STATUS 01 07/12 15: 39 ADA CTY DEUELMT EC--S 00'33" 001 217 OK 02 07/12 15;40 2088885052 EC--S 00' 32" 001 217 OK 03 07/12 15: 41 CHERRY LANE G3--S 00'53" 001 217 OK 04 07/12 15=43 IDAHO ATHLETIC C EC--S 00' 33" 001 217 OK 05 07/12 15:44 ID PRESS TRIBUNE EC--S 00'33" 001 217 OK 06 07/12 15:45 2088886701 EC--S 00'32" 001 217 OK 07 07/12 15;53 3810160 EC--S 013' 51" 0et 217 OK --......---....--------.....--....-------...--....----------.........--....-------.....--...-------....--.....----------...--........---------- (J l.ettJ t (81 f I&-r t~/C IIoha -- nt4/1-s CITY OF MERIDIAN NOTICE OF PUBLIC HEARING AMENDING THE ZONING & SUBDIVISION DEVELOPMENT ORDINANCES NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the Laws of the State of Idaho that the City Council of the City of Meridian wilt hold a public hearing at the Meridian City Hall, 33 East Idaho Avenue, Meridian, Idaho on Tuesday, JUly 26, 2005 at 6:00 p.m. for the purpose of reviewing and considering the applications of an ordinance to repeal Title 11 Zoning Regulations and Title 12 Subdivision Development of the Meridian City Code and to replace with a new Title 11 Unified Development Code. The new ordinance embodies the official zoning ordinance of the City of Meridian to provide for orderly growth and development and carry out the policies of Meridian's C9mprehansive Plan. The Unified Development Code will not include the R-3 and T~E zoning classifications. Properties that currently have these zones will be rezoned to R-2 and l-O respectively. More and aU specific changes can be reviewed by going to the City of Meridian's web site at www.meridiancitv.om and searching on the Planning and Zoning Department's web page. You may also view and inspect the application at the City Clerk's Office at 33 East Idaho Avenue, Meridian, Idaho and the Planning and Zoning Department at 660 East Watertower Lane, Meridian, Idaho during regular business hours, Monday through Friday, from 8:00 a.m. to 5:00 p.m. If you would like to purchase a paper copy and I or disk copy, please call in advance to the Planning and Zoning Department at 884-5533 or the City Clerk's Office at 888-4433. Any and all interested persons shall be heard at said pUblic hearing, and the public is welcome and invited to submit testimony. Oral testimony may be limited to three (3) minutes per person. Written materials I testimony may be submitted seven (7) days prior to the above hearing date so that all interested parties may examine them prior to the hearing. All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and I or hearings, pie ~en~;~~:he City Clerk's Office at 888-4433 at least 72 hours prior to,~r.'.. y' I .' ' ;p$l!? Dated this 1 st day of July, 2005. :f. ~ Publish July 4th and July 18th, 2005 fJlf:ttJt (MJ lOt I~/c M!7a ~ 7lC4/k-s CITY OF MERIDIAN NOTICE OF PUBLIC HEARING AMENDING THE ZONING & SUBDIVISION DEVELOPMENT ORDINANCES NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the Laws of the State of Idaho that the City Council of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Avenue, Meridian, Idaho on Tuesday, July 26, 2005 at 6:00 p.m. for the purpose of reviewing and considering the applications of an ordinance to repeal Title 11 Zoning Regulations and Title 12 Subdivision Development of the Meridian City Code and to replace with a new Title 11 UnHied Development Code. The new ordinance embodies the official zoning ordinance of the City of Meridian to provide for orderly growth and development and carry out the policies of Meridian's Comprehensive Plan. The Unified Development Code will not include the R-3 and T -E zoning classifications. Properties that currently have these zones will be [ezoned to R-2 and L-O respectively. More and all specific changes can be reviewed by going to the City of Meridian's web site at www.meridiancitv.oro and searching on the Planning and Zoning Department's web page. You may also view and inspect the application at the City Clerk's Office at 33 East Idaho Avenue, Meridian, Idaho and the Planning and Zoning Department at 660 East Watertower Lane, Meridian, Idaho during regular business hours, Monday through Friday, from 8:00 a.m. to 5:00 p.m. If you would like to purchase a paper copy and I or disk copy, please call in advance to the Planning and Zoning Department at 884-5533 or the City Clerk's Office at 888-4433. Any and all interested persons shall be heard at said public hearing, and the public is welcome and invited to submit testimony. Oral testimony may be limited to three (3) minutes per person. Written materials I testimony may be submitted seven (7) days prior to the above hearing date so that all interested parties may examine them prior to the hearing. All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and I or hearings, pie contact the City Clerk's Office at 888-4433 at least 72 hours prior to the,i~ meeting. '-' Dated this 1 st day of July, 2005. JfdL;A William G. Serg, J . Publish July 4th and July 18th, 2005 CITY OF MERIDIAN NOTICE OF PUBLIC HEARING AMENDING THE ZONING & SUBDIVISION DEVELOPMENT ORDINANCES NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the Laws of the State of Idaho that the City Council of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Avenue, Meridian, Idaho on Tuesday, July 26, 2005 at 6:00 p.m. for the purpose of reviewing and considering the applications of an ordinance to repeal Title 11 Zoning Regulations and Tit/e 12 Subdivision Development of the Meridian City Code and to replace with a new Title 11 Unified Development Code. The new ordinance embodies the official zoning ordinance of the City of Meridian to provide for orderly growth and development and carry out the policies of Meridian's Comprehensive Plan. The Unified Development Code will not include the R-3 and T -E zoning classifications. Properties that currently have these zones will be rezoned to R-2 and L-O respectively. More and all specific changes can be reviewed by going to the City of Meridian's web site at www.meridiancitv.ora and searching on the Planning and Zoning Department's web page. You may also view and inspect the application at the City Clerk's Office at 33 East Idaho Avenue, Meridian, Idaho and the Planning and Zoning Department at 660 East Watertower Lane, Meridian, Idaho during regular business hours, Monday through Friday, from 8:00 a.m. to 5:00 p.m. If you would like to purchase a paper copy and I or disk copy, please call in advance to the Planning and Zoning Department at 884-5533 or the City Clerk's Office at 888-4433. Any and all interested persons shall be heard at said public hearing, and the public is welcome and invited to submit testimony. Oral testimony may be limited to three (3) minutes per person. Written materials I testimony may be submitted seven (7) days prior to the above hearing date so that all interested parties may examine them prior to the hearing. All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and I or hearings, pl~ contact the City Clerk's Office at 888-4433 at least 72 hours prior to t~~)"'; meeting. Dated this 1 st day of July, 2005. Publish July 4th and July 18th, 2005 CITY OF MERIDIAN CITY COUNCil SPECIAL MEETING AGENDA Tuesday, July 26, 2005 at 6:00 p.m. City Council Chambers 1. Roll-call Attendance: Shaun Wardle Christine Donnell Charlie Rountree Keith Bird _ Mayor Tammy de Weerd 2. Adoption of the Agenda: "Although the City of Meridian no longer requires sworn testimony, all presentations before the Mayor and City Council are expected to be truthful and hOf}est to best of the ability of the presenter. " 3. Public Hearing: Downtown Meridian Transportation Management Plan - consider adoption of plan which recommends preferred layout for Downtown Traffic Patterns: 4. Public Hearing: Application for an Ordinance for a New Title 11 Unified Development Code replacing / repealing Title 11 Zoning Regulations and Title 12 Subdivision Development of the Meridian City Code: Meridian City Council Special Meeting Agenda - July 26, 2005 Page 1 of 1 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. PUBLIC MEETING SIGN-IN SHEET DATE 7-2b-rtJ? AGENCY I COMMITTEE C/h; CtJ/rVYt.~ J]u-{/~ ~ ~h--IoWh. 0~.F;Orn-ix-h~ ~ JUL 2 6 2005 3 5 ~ Mayor Tammy DeWeerd, City of Meridian After careful consideration and much deliberation, it is our opinion, that we should make a temporary one way couplet from the freeway to Fairview in order to move traffic through the city in an orderly and expedient manner until such time as the ten mile interchange and road development has been finished to provide relief to the downtown area. It is our opinion that at that time we could make a more intelligent decision as to the overall direction of the downtown streets as far as expanding the size of Meridian road or making the huge change of the split corridor, which cannot ever be undone. It is overwhelmingly agreed upon by the private citizens and business owners ofthe downtown area, that the temporary one way couplet from the freeway to Fairview is a less expensive plan than the split corridor & in the best of interest of those people that are trying to make downtown Meridian a viable area to attract commerce of all kinds. A temporary couplet is a more flexible plan that will allow a smoother flow of traffic through Meridian until the Ten Mile interchange can be completed, at which time we can make a more informed decision about traffic congestion and the future of the downtown area of Meridian. We feel the "Steering Committee?" has refused to listen to the people of Meridian and with no stake in Meridian or the outcome of this decision. Ifwe decide today to do a split corridor in Meridian, it will be five years until completion. Ifwe decide to make a one way couplet today, we could line the streets, install the one way signs and do some reprogramming of street lights and be operational in a matter of weeks. It is begirming to feel like we are being sold a bill of goods and then railroaded into accepting the outcome. It does not make economic sense and it does not solve the congestion today or even in the next three years. The steering committee for the downtown study was made up of people who had a bias for a small two lane road on Main Street. The idea is not bad, but is it in the best interest of the city for now, and will it be the best thing for the city in the future? It seems to me if one was to put together a steering committee, it would be much more diverse, and take into the mix, the opinions of the merchants and property owners affected, as well as the private citizens. The meetings were a sham to appease the complaints of the nay Sayers and to document that it had taken place. Signed by all in favor 1.._~~~I~.f~~T~;~~-~~~~-:-i.~F!b57 ~fi})ill.\~-____i~_,1_ItJJ!k'L~tLflk______-------_1:_~=~;S'- :~~::::::::~9.iZ~~i::::::::::::WJ~:Zrt1 ~~~~~tI~~i~---:~!~ii ~~.ji.~. ~;~4..~.~~~;::::::::::~~~:;:~I~..2Z-..=.:~~~~~~~~~~~~~~?.i~r~~_~.~~~~.:~ A.l~ ::1;{~BJc!!_-----~----~tL'-~~$u&-Jj-iJ------______r2fC_:dLX~__- Mayor Tammy DeWeerd, City of Meridian After careful consideration and much deliberation, it is our opinion, that we should make a temporary one way couplet from the freeway to Fairview in order to move traffic through the city in an orderly and expedient manner until such time as the ten mile interchange and road development has been finished to provide relief to the downtown area. It is our opinion that at that time we could make a more intelligent decision as to the overall direction of the downtown streets as far as expanding the size of Meridian road or making the huge change of the split corridor, which cannot ever be undone. It is overwhelmingly agreed upon by the private citizens and business owners of the downtown area, that the temporary one way couplet from the freeway to Fairview is a less expensive plan than the split corridor & in the best of interest of those people that are trying to make downtown Meridian a viable area to attract commerce of all kinds. A temporary coupletis a more flexible plan that will allow a smoother flow oftraffic through Meridian until the Ten Mile interchange can be completed, at which time we can make a more informed decision about traffic congestion and the future ofthe downtown area of Meridian. We feel the "Steering Committee?" has refused to listen to the people of Meridian and with no stake in Meridian or the outcome of this decision. If we decide today to do a split corridor in Meridian, it will be five years until completion. If we decide to make a one way couplet today, we could line the streets, install the one way signs and do some reprogramming of street lights and be operational in a matter of weeks. It is begiIllling to feel like we are being sold a bill of goods and then railroaded into accepting the outcome. It does not make economic sense and it does not solve the congestion today or even in the next three years. The steering committee for the downtown study was made up of people who had a bias for a small two lane road on Main Street. The idea is not bad, but is it in the best interest of the city for now, and will it be the best thing for the city in the future? It seems to me if one was to put together a steering committee, it would be much more diverse, and take into the mix, the opinions of the merchants and property owners affected, as well as the private citizens. The meetings were a sham to appease the complaints of the nay Sayers and to document that it had taken place. Signed by all in favor $~~~~~i~li:~~!~~~J~~!~::: -~--\;"'f-.J#L----------b1,Q.J~"'&e%-'>--t"","l:----1IL"::&-'ff!L------_H:'1-oiY1'1 :~~fl~r1j~i~ll[~; f.~______t_C!J!~_iS:._!.L.L__'flZtl:.Lt!.:___~Z.___-1J.:l~lj)jj2.~___:l..'l:.2.::~ :~=:::~~:f~:-;;__;,:~~:;~:~=::::::::Vi~~:~~tu. ~*-&-.f':-'---":L--:L9_Q-!4-r:t.=4-j.k.btfJ..:lk~r'------I#-5~j)-~fb-~ !i:!!i~---!J.-----il.73.)..d_!fl"'4tdff,71j-fA'I---~jidrJli:'i!L------------ ~Al~r1~!~I~~!~~!~f~G _2t.e.f;V!..l=_1;.qJ.1L______2Q.1Q__YLLf..L'(tld1.j-.l.fQ&-F--bt:___Lf}JJ:.i:.~'dl~_jJQ___&.2_~29..9 7 - .?1 - -t!e -?-;f!J{11fJh~----L2b..2:-r;.---~.:YL - -----/iJ),.' t-t'{.' ._.../J.. -.Q.,4.~-_.$_1t.. -_: <t Ll ?- -~B~~~---..1..j'~.E_-&~;r--Sxt5 j;;.*--=l:L~~--%41-,: / tJ ), '1 ~.'__~ (.~____ V-1__________1a.a___I/{_'l{wf~___2l______~~1-_~d~~~~_____t:t.1. _ 2:. f"/3 i ~~-------J-222-1d.-.e.. u"-.IQ"'---Y11-"".J:-~JML--i:.7,r:--n.:-( ~-~;:~i~~~~:if~ _ -~W~-::eE~__~.Lt__t1.fli:?!!me.)).J2LR..___Y.J1lS:Z(/)J.6tJ___1.Xi:.:5..7.. 0 J . ___". _sJ::_"~------------J..2:-$"Z:K.~l~<4-t~:rr-__------m~__---"':f..!z!=_P bLr ~~-T-------,,--------N2k-l{,~_Cht:.LQ.:l.:-ifl.d_-]JJ:----__J1:.p;r..Lq~____&..'l:2.3C'6 ;- ; ~"J t;J~ttft"'~---/5~3~*11:---~+J5__q~*~q5jlr 11' '7 Mayor Tammy DeWeerd, City of Meridian After careful consideration and much deliberation, it is our opinion, that we should make a temporary one way couplet from the freeway to Fairview in order to move traffic through the city in an orderly and expedient manner until such time as the ten mile interchange and road development has been fInished to provide relief to the downtown area. It is our opinion that at that time we could make a more intelligent decision as to the overall direction of the downtown streets as far as expanding the size of Meridian road or making the huge change of the split corridor, which cannot ever be undone. It is overwhelmingly agreed upon by the private citizens and business owners of the downtown area, that the temporary one way couplet from the freeway to Fairview is a less expensive plan than the split corridor & in the best of interest of those people that are trying to make downtown Meridian a viable area to attract commerce of all kinds. A temporary couplet is a more flexible plan that will allow a smoother flow oftraffic through Meridian until the Ten Mile interchange can be completed, at which time we can make a more informed decision about traffic congestion and the future of the downtown area of Meridian. We feel the "Steering Committee?" has refused to listen to the people of Meridian and with no stake in Meridian or the outcome of this decision. If we decide today to do a split corridor in Meridian, it will be five years until completion. If we decide to make a one way couplet today, we could line the streets, install the one way signs and do some reprogramming of street lights and be operational in a matter of weeks. It is beginning to feel like we are being sold a bill of goods and then railroaded into accepting the outcome. It does not make economic sense and it does not solve the congestion today or even in the next three years. The steering committee for the downtown study was made up of people who had a bias for a small two lane road on Main Street. The idea is not bad, but is it in the best interest of the city for now, and will it be the best thing for the city in the future? It seems to me if one was to put together a steering committee, it would be much more diverse, and take into the mix, the opinions of the merchants and property owners affected, as well as the private citizens. The meetings were a sham to appease the complaints of the nay Sayers and to document that it had taken place. Signed by all in favor ~~~~~f:f~~~~t~~;~~~:~~~~~~~~[~~~~::;:~~ _,Ll;}t.~--V'~t=:_--_2.QQ~_X_l'JmJJ.P.lliti::-J.rk\5-J+m{5.L€t!~l1_____~r_d.~B I ~~::~:~~::::::~!~::~~~!~~::::~~~~~~~~~~::::::~~~:~~~ Mayor Tammy DeWeerd, City of Meridian After careful consideration and much deliberation, it is our opinion, that we should make a temporary one way couplet from the freeway to Fairview in order to move traffic through the city in an orderly and expedient manner until such time as the ten mile interchange and road development has been finished to provide reliefto the downtown area. It is our opinion that at that time we could make a more intelligent decision as to the overall direction of the downtown streets as far as expanding the size of Meridian road or making the huge change of the split corridor, which cannot ever be undone. It is overwhelmingly agreed upon by the private citizens and business owners of the downtown area, that the temporary one way couplet from the freeway to Fairview is a less expensive plan than the split corridor & in the b~st of interest of those people that are trying to make downtown Meridian a viable area to attract commerce of all kinds. A temporary_couplet is a more flexible plan that will allow a smoother flow of traffic through Meridian until the Ten Mile interchange can be completed, at which time we can make a more informed decision about traffic congestion and the future of the downtown area of Meridian. We feel the "Steering Committee?" has refused to listen to the people of Meridian and with no stake in Meridian or the outcome of this decision. Ifwe decide today to do a split corridor in Meridian, it will be five years until completion. Ifwe decide to make a one way couplet today, we could line the streets, install the one way signs and do some reprogramming of street lights and be operational in a matter of weeks. It is beginning to feel like we are being sold a bill of goods and then railroaded into accepting the outcome. It does not make economic sense and it does not solve the congestion today or even in the next three years. The steering committee for the downtown study was made up of people who had a bias for a small two lane road on Main Street. The idea is not bad, but is it in the best interest of the city for now, and will it be the best thing for the city in the future? It seems to me if one was to put together a steering committee, it would be much more diverse, and take into the mix, the opinions of the merchants and property owners affected, as well as the private citizens. The meetings were a sham to appease the complaints of the nay Sayers and to document that it had taken place. Signed by all in favor N ame----------------------------------- Address----------------------- ---------- Phone--------------- tli~::~::I~i@~[~:~~~~~~~-~~~~if4J~~: ---~.{5~Le..-1:~5E-~f~-L~?JgJ~~.&t1'-Jt1x:-dCt!~J.J.13..~------b.-bi:;~--C!:LtJJ;l----- :::~~~:::2~'t:L::~::t;:j]~:::::::::::::::::F.at:~~Jz::: ~?fi1~~~~~:~~!ii~~~~1E~~~~~!it~~(~~iiij;;'~' ~~--->>-t?4-,-i.dD.Jj#-t.:J4#Cf.._--------------.f'J?2=-jz.6..12:. ~:: fk~ --- _: _ - -::=:~:::::::~~~Bt:~~fil:t~~::::::::::::~t~~~f~:~:~ . ~~~:::::~~~~~~~~~~:::~~:::::::::::~?:!:~~~!:~9 ---------...... ------- ---- -- ---- -- ----------- - ----...- ...-- -- - ---- ---------...------ ---------- ---- ---------------- ---- /" e. Mayor Tammy DeWeerd, City of Meridian After careful consideration and much deliberation, it is our opinion, that we should make a temporary one way couplet from the freeway to Fairview in order to move traffic through the city in an orderly and expedient manner until such time as the ten mile interchange and road development has been finished to provide relief to the downtown area. It is our opinion that at that time we could make a more intelligent decision as to the overall direction of the downtown streets as far as expanding the size of Meridian road or making the huge change of the split corridor, which cannot ever be undone. It is overwhelmingly agreed upon by the private citizens and business owners of the downtown area, that the temporary one way couplet from the freeway to Fairview is a less expensive plan than the split corridor & in the best of interest ofthose people that are trying to make downtown Meridian a viable area to attract commerce of all kinds. A temporary couplet is a more flexible plan that will allow a smoother flow of traffic through Meridian until the Ten Mile interchange can be completed, at which time we can make a more informed decision about traffic congestion and the future of the downtown area of Meridian. We feel the 4'Steering Committee?" has refused to listen to the people of Meridian and with no stake in Meridian or the outcome of this decision. If we decide today to do a split corridor in Meridian, it will be five years until completion. If we decide to make a one way couplet today, we could line the streets, install the one way signs and do some reprogramming of street lights and be operational in a matter of weeks. It is beginning to feel like we are being sold a bill of goods and then railroaded into accepting the outcome. It does not make economic sense and it does not solve the congestion today or even in the next three years. The steering committee for the downtown study was made up of people who had a bias for a small two lane road on Main Street. The idea is not bad, but is it in the best interest of the city for now, and will it be the best thing for the city in the future? It seems to me if one was to put together a steering committee, it would be much more diverse, and take into the mix, the opinions of the merchants and property owners affected, as well as the private citizens. The meetings were a sham to appease the complaints of the nay Sayers and to document that it had taken place. Signed by all in favor J----- rJ2:~~~~~~~~~~~~~ct;:J1!iJ~~---- _1lf;~~~~~~~~~~~~~~~~~~J!Pl:_~~-:~~V '.Ii' .,.' . 12.(0) .(.{' {lei!.. ':~ . '. q,S ~OOID -; '4~~aJl1i~::7XlJg: ?Zl!ll1tif;jTjllJE:~:W7Z~7Xil(P~ ---- --_...----- --------------- ---...-- --------------...----- ----------------- -- ----- --- ------ - ---- -- --- ----------- ---- ---- --- --- ---- ------------------------ -_...- -------- ------------------- ---------... ------- -------- - -- ------... ------..- - -- ---- ---- -- --... ------ ------- ------ - _..----- ------- -- --- - ----------... - -- ------------ -----..------- - ---- --- ...----....-- ----------- ------------..--- ---------------------- ----------- ------- -- ---- -- -... ---...-- ---....------ - --- ---- --- - ----- - ---- ---------- ---- -- --..---- ------- ------ ----------------- ------- --- ------ -- --- -- -- -- -..... ------- -------- ------- ---... -- ----...-- ------- -- ...------ ---.. ------ ---... ----... - ---- ------ ------- -------------------------...- Mayor Tammy DeWeerd, City of Meridian After careful consideration and much deliberation, it is our opinion, that we should make a temporary one way couplet from the freeway to Fairview in order to move traffic through the city in an orderly and expedient manner until such time as the ten mile interchange and road development has been finished to provide relief to the downtown area. It is our opinion that at that time we could make a more intelligent decision as to the overall direction of the downtown streets as far as expanding the size of Meridian road or making the huge change of the split corridor, which cannot ever be undone. It is overwhelmingly agreed upon by the private citizens and business owners of the downtown area, that the temporary one way couplet from the freeway to Fairview is a less expensive plan than the split corridor & in the best of interest of those people that are trying to make downtown Meridian a viable area to attract commerce of all kinds. A temporary couplet is a more flexible plan that will allow a smoother flow of traffic through Meridian until the Ten Mile interchange can be completed, at which time we can make a more informed decision about traffic congestion and the future of the downtown area of Meridian. We feel the "Steering Committee?" has refused to listen to the people of Meridian and with no stake in Meridian or the outcome of this decision. If we decide today to do a split corridor in Meridian, it will be five years until completion. If we decide to make a one way couplet today, we could line the streets, install the one way signs and do some reprogramming of street lights and be operational in a matter of weeks. It is beginning to feel like we are being sold a bill of goods and then railroaded into accepting the outcome. It does not make economic sense and it does not sol ve the congestion today or even in the next three years. The steering committee for the downtown study was made up of people who had a bias for a small two lane road on Main Street. The idea is not bad, but is it in the best interest of the city for now, and will it be the best thing for the city in the future? It seems to me if one was to put together a steering committee, it would be much more diverse, and take into the mix, the opinions of the merchants and property owners affected, as well as the private citizens. The meetings were a sham to appease the complaints of the nay Sayers and to document that it had taken place. Signed by all in favor ~;~~~~~~ifl~~~~~~~ij~iIi;:V6 - fi11i&L4-----]ld-LALJA~.,(:e,;,.iJ::'5i.{5~______J!Ji~L::..3Y5"!): t. _ -"__ - --1 --- ----:-:::]~Ji~~fi:j;:=::::::--::::if?::~::4.:{ ~':::.n:~ ~ < ,- --- ~4:=f.3;]"~-bl,-mecidLa.""-fct_____Z_7.Q~LSl-S__ Qi~~~--~-:~:;Z::::Q~~~;J~~~:::=~::==::::~~~~lf:ifS 'E~I) J UL 2 6 ~5 <( f,.. N ~~:;-,~--::---~--------^--:------Z-- ~~d~^~~-~-'~Cz----:r------~------~-- ~hone-:--6-~-~:~~~-{)f;::;:{~; r) rl~ ~~ --C----:-~~-~-~~~1-ITt--1D---Le---;---j~,~~L--l-~~-------,lQ-_~----~[----~-9---~.:I1&P r~~iit(~~~~::~~~f Mayor Tammy DeWeerd, City of Meridian After careful consideration and much deliberation, it is our opinion, that we should make a temporary one way couplet from the freeway to Fairview in order to move traffic through the city in an orderly and expedient manner lmtil such time as the ten mile interchange and road development has been finished to provide relief to the downtown area. It is our opinion that at that time we could make a more intelligent decision as to the overall direction of the downtown streets as far as expanding the size of Meridian road or making the huge change ofthe split corridor, which cannot ever be undone. It is overwhelmingly agreed upon by the private citizens and business owners of the downtown area, that the temporary one way couplet from the freeway to Fairview is a less expensive plan than the split corridor & in the best of interest of those people that are trying to make downtown Meridian a viable area to attract commerce of all kinds. A temporary couplet is a more flexible plan that will allow a smoother flow of traffic through Meridian until the Ten Mile interchange can be completed, at which time we can make a more informed decision about traffic congestion and the future of the downtown area of Meridian. We feel the "Steering Committee?" has refused to listen to the people of Meridian and with no stake in Meridian or the outcome of this decision. If we decide today to do a split corridor in Meridian, it will be five years until completion. If we decide to make a one way couplet today, we could line the streets, install the one way signs and do some reprogramming of street lights and be operational in a matter of weeks. It fs beginning to feel like we are being sold a bill of goods and then railroaded into acc"epting the outcome. It does not make economic sense and it does not solve the congestion today or even in the next three years. The steering committee for the downtown study was made up of people who had a bias for a small two lane road on Main Street. The idea is not bad, but is it in the best interest of the city for now, and will it be the best thing for the city in the future? It seems to me if one was to put together a steering committee, it would be much more diverse, and take into the mix, the opinions of the merchants and property owners affected, as well as the private citizens. The meetings were a sham to appease the complaints of the nay Sayers and to document that it had taken place. Signed by all in favor ~~:~~~:::::::::::::::~~~~~~~~~~~~~::::~~~:~::~~:~:~~!!~~gfl~1~3~~~ Mayor Tammy DeWeerd, City of Meridian After careful consideration and much deliberation, it is our opinion, that we should make a temporary one way couplet from the freeway to Fairview in order to move traffic through the city in an orderly and expedient manner until such time as the ten mile interchange and road development has been finished to provide relief to the downtown area. It is our opinion that at that time we could make a more intelligent decision as to the overall direction of the downtown streets as far as expanding the size of Meridian road or making the huge change of the split corridor, which cannot ever be undone. It is overwhelmingly agreed upon by the private citizens and business owners of the downtown area, that the temporary one way couplet from the freeway to Fairview is a less expensive plan than the split corridor & in the best of interest of those people that are trying to make downtown Meridian a viable area to attract commerce of all kinds. A temporary couplet is a more flexible plan that will allow a smoother flow of traffic through Meridian until the Ten Mile interchange can be completed, at which time we can make a more informed decision about traffic congestion and the future of the downtown area of Meridian. We feel the "Steering Committee?" has refused to listen to the people of Meridian and with no stake in Meridian or the outcome of this decision. If we decide today to do a split corridor in Meridian, it will be five years until completion. If we decide to make a one way couplet today, we could line the streets, install the one way signs and do some reprogramming of street lights and be operational in a matter of weeks. It is beginning to feel like we are being sold a bill of goods and then railroaded into accepting the outcome. It does not make economic sense and it does not solve the congestion today or even in the next three years. The steering committee for the downtown study was made up of people who had a bias for a small two lane road on Main Street. The idea is not bad, but is it in the best interest ofthe city for now, and will it be the best thing for the city in the future? It seems to me if one was to put together a steering committee, it would be much more diverse, and take into the mix, the opinions of the merchants and property owners affected, as well as the private citizens. The meetings were a sham to appease the complaints of the nay Sayers and to document that it had taken place. Signed by all in favor ~~.~-~~~~~.~~~~~.-~~m~..::::::::::~:~~. r~j;~~.~~Th. ~~~~~.B,&y.~ ~~~~.~~~~~~~~-~~~.~f~~.--]c(. _ _ - ~~---- -1.------'lIS-AO:M..~L-Q.---f-_,r--::L..-----""3~Q~~l---- _ ~ Wk _ /f. < . ______j4.:J_4/-_~~~--j:.,L~-~------(.'Z~--::J.!};J-3 _ _ : __ __ I ~ ---!i~.i5~w.k,.- ___ .e...tL_ __ __ ,____df~~J..'::f..qb _. __ _ _ fi~ ,-_ _____-53_1-__~:J?l.~----2;2'f::~]03 __ ~wR&~-------------1213.&:.-Z.lLit..:-Si.;--~Q...----------------'6.'iL---tif2.rp I Mayor Tammy DeWeerd, City. of Meridian After cf.:lfeful consideration and much deliberation, it is o'..:.~ oB'~nion, that we should make a temporary one way couplet from the freeway to Fairview i~ order to move traffic through the city in an orderly and expedient manner until such time as the ten mile interchange and road development has been finished to provide relief to the downtown area. It is our opinion that at that time we could make a more intelligent decision as to the overall direction of the downtown streets as far as expanding the size of Meridian road or making the huge change of the split corridor, which cannot ever be undone. It is overwhelmingly agreed upon by the private citizens and business owners of the downtown area, that the temporary one way couplet from the freeway to F8;iI:'View is a less expensive plan than the split corridor & in the best of interest ofthose people that are trying to make downtown Meridian a viable area to attract commerce of all kinds. A temporary couplet is a more flexible plan that will allow a smoother flow of traffic through Meridian until the Ten Mile interchange can be completed, at which time we can make a more informed decision about traffic congestion and the future of the downtown area of Meridian. We feel the "Steering Committee?" has refused to listen to the people of Meridian and with no stake in Meridian or the outcome of this decision. If we decide today to do a split corridor in Meridian, it will be five years until completion. If we decide to make a one way couplet today, we could line the streets, install the one way signs and do some reprogramming of street lights and be operational in a matter of weeks. It is beginning to feel like we are being sold a bill of goods and then railroaded into accepting the outcome. It does not make economic sense and it does not solve the congestion today or even in the next three years. The steering committee for the downtown study was made up of people who had a bias for a small two lane road on Main Street. The idea is not bad, but is it in the best interest of the city for now, and will it be the best thing for the city in the future? It seems to me if one was to put together a steering committee, it would be much more diverse, and take into the mix, the opinions ofthe merchants and property owners affected, as well as the private citizens. The meetings were a sham to appease the complaints of the nay Sayers and to document that it had taken place. Signed by all in favor } ./\ V l L ~~~~~::i~~:~~~~~~~~~~i~k~~::~~~::~~~~ gi8[~l~()'iA~~ ~--B~-flJJ~-------------~;~---~~I~;---~---e--~Ri-::3Q2~~~:~ ~ --~ ~-------~---.~ -----jft-;Z-r---~-~=ir0~1f-~ij~1t~. fsV-:-~---C:;~~.--------'1gp:i~Ws-o ~-:! ..-:- - -::::1:::::~/2~sJ'1':~~~~~:~~~i::?kZ:2:~o .. _ -}IJ . - -- l::_egM:______J.l:f.J..k__lL_Q.Jlu.J::1ijJ;;_ZL1JkD__HiL______8.f./.- /#1 J. __J3~!!::r.~~--f::--:-f,~~_-?::.--_---Lt!f!.L---S.~--0!'!~(~---.&..~~!!!.~~~-___~2~~_~___~~Z_:_~61---: __~----Jj~---------"L.J.!L;,L-J:!:l. <},".,Jt"P~-~.!----"&.-~J~3;!i..J::...--rt.!L7La--- .J '7. 3 7 9 ~ 7..- ---J.~-n.~3:)-rd:~-~------------ __1..\1~~_.1.sJ_ :bk.t.ic.~~tci- .l'..__~_<?_L?. €,.;.\_ ____Q__~:;_1~~___ "37'3-- 79 Ci "L- ~rrR--~.L~~-----------~3::5:'i--~!.----~~ \ _~~2-.L--ZA~k::...~ 3b~0Z7-,{;S ~~ii~~:~~!~~~iF5~~J; _~9t. _ t:k:: ,. _ _ ------------n[a&~-~-%hE-~--~h-----M~~cIjl.~~-----f:.3.{g--'-l2- 8fff-q(J "- .~,[W- -4~"l v' ~4----Jttt~--lLL.sO~A-.-~~~A---M#~~-d~.1 "-____Y.:' ~-ijr ~'lf''"-'V?<6?Y --l--~-------~.::.) I --- - --:~:.- -S?~~-t..1:~~7-----Ptr ~-"'li -----~lrJ? ~to) ( __~-~---~-L--_ -----------l---C1-Q-'J-----f:..----1.. ~_L~.L____________J___ I ~z..___f] ~ Y L ___~.II.l---_- _______ _ _______ ______... _______ ______________ _ ____________ ___ _____ __ _________ _____________ _ ____ Mayor Tammy DeWeerd, City of Meridian After careful consideration and much deliberation, it is our opinion, that we should make a temporary one way couplet from the freeway to Fairview in order to move traffic through the city in an orderly and expedient manner until such time as the ten mile interchange and road development has been finished to provide relief to the downtown area. It is our opinion th~t at that time we could make a more intelligent decision as to the overall direction of the downtown streets as far as expanding the size of Meridial1 road or making the huge change of the split corridor, which cannot ever be undone. It is overwhelmingly agreed upon by the private citizens and business owners of the downtown area, that the temporary one way couplet from the freeway to Fairview is a less expensive plan than the split corridor & in the best of interest ofthose people that are trying to make downtown Meridian a viable area to attract commerce of all kinds. A temporary couplet is a more flexible plan that will allow a smoother flow of traffic through Meridian until the Ten Mile interchange can be completed, at which time we can make a more informed decision about traffic congestion and the future of the downtown area of Meridian. We feel the "Steering Committee?" has refused to listen to the people of Meridian and with no stake in Meridian or the outcome of this decision. If we decide today to do a split corridor in Meridian, it will be five years until completion. Ifwe decide to make a one way couplet today, we could line the streets, install the one way signs and do some reprogramming of street lights and be operational in a matter of weeks. It is beginning to feel like we are being sold a bill of goods and then railroaded into accepting the outcome. It does not make economic sense and it does not solve the congestion today or even in the next three years. The steering committee for the downtown study was made up of people who had a bias for a small two lane road on Main Street. The idea is not bad, but is it in the best interest of the city for now, and will it be the best thing for the city in the future? It seems to me if one was to put together a steering committee, it would be much more diverse, and take into the mix, the opinions of the merchants and property owners affected, as well as the private citizens. The meetings were a sham to appease the complaints of the nay Sayers and to document that it had taken place. Signed by all in favor p~~~~~~~~~~~~~~~~~~3 -----!1J,),.-F:::::-----'l.:n:l--,!!l\.-S.Jo..~~S)r:,----i!X.cJ-YL~----~-?J..2:QJ..] ( ~~~~{~~k!~f:~~~~~~~~i€~~ii -:t:;-Jk-t:;:ii:fL<L(;U-'.LDLUfLJ1dd),R~---#U&Y&~~:;;;' <; <5 s:L\~. \ ~\ '\ L ~ C) ~X-\.- \J ~Q' ~~l, - \~!f~!)fIvlcrjdi;;nt il.~o. i I . ~I 5$ "l--.... '/:.t '\ 7'1 1 1M~'''' -'1D":2-/ Qz..7 ------ __!:la.. - -----------------f'JT7 ------~f].,[~.::t#?~r...~.Lll--f./..(-~C :.t-1~7;---l:..--1..--":1--- --- --- ______~_:rJ ----.6..-/:fcif-/!.!dq..-/dko{-- - -:i?C~~C;-d;l.-23:.'i. -I d.-/7 ---:- ~ - .. nn--nnJtf-i---.u_L..c.l;LI14...--' I~~ -~~--19)1J-----:fa:'.{.i'-Z- . /!-1f-ljl/7 t --, 'F21 ~_____k~__-^-L.bi.>l.1~ifJ:jfL_Ai~.!L'l1..tL:"!1'J~~2" 81. ~-S73" g :~~::::::::::it~~~r~~::~~~~~~~::::~~~~:~~:t ~-Q-rr-:~~---------:~1-2-LJ<'!;]~_--1;..~!\,----.J;1-----8.H':t1-- ,:/'l. 't-'6'" 1'- :~~:::::::::::~~~i~~~;:~~~~~~J:.2}f~E~ --~;~---------Fsff-f~;-'~--~"riJ~i'Qf-if#, ~~-.7a4a _____9J___':/___ ____ ___ ____ ___________________ _ ___ ___ _ ____________ ___ ____ __________ ___ _________________ _ __ ____ -i#-.[L-~;J--nn-n--------c26P3--1L=-'l:tfl~.~yz,r."J.A-v~~r.f-U1'C/-------~JlJ?-:.PO-~" g 6 ;1 ~:-:~~~~~[!~i1i~~~~:~~~~~~~i~L --' -- ~----~3--.f::~----t?rftIl,------.f//k;ii!,"L.,-33-'i.;2!3 7 ~-~~~- :---- -~~--~~~~~~-~~~~~~~~~2ffq~=~~~~~~t~~~=~~~~~~~~~~:t?E~ '76 ~L(e:If.~~ ~ r 46 {Le;'::: .t ! /' Mayor Tammy DeWeerd, City of Meridian After careful consideration and much deliberation, it is our opinion, that we should make a temporary one way couplet from the freeway to Fairview in order to move traffic through the city in an orderly and expedient manner until such time as the ten mile interchange and road development has been finished to provide relief to the downtown area. It is our opinion that at that time we could make a more intelligent decision as to the overall direction of the downtown streets as far as expanding the size of Meridian road or making the huge change of the split corridor, which cannot ever be undone. It is overwhelmingly agreed upon by the private citizens and business owners of the downtown area, that the temporary one way couplet from the freeway to Fairview is a less expensive plan than the split corridor & in the best of interest of those people that are trying to make downtown Meridian a viable area to attra,ct commerce of all kinds. A temporary couplet is a more flexible plan that will allow a smoother flow of traffic through Meridian until the Ten Mile interchange can be completed, at which time we can make a more informed decision about traffic congestion and the future of the downtown area of Meridian. We feel the "Steering Committee?" has refused to listen to the people of Meridian and with no stake in Meridian or the outcome of this decision. If we decide today to do a split corridor in Meridian, it will be five years until completion. If we decide to make a one way couplet today, we could line the streets, install the one way signs and do some reprogramming of street lights and be operational in a matter of weeks. It is beginning to feel like we are being sold a bill of goods and then railroaded into accepting the outcome. It does not malce economic sense and it does not solve the congestion today or even in the next three years. The steering committee for the downtown study was made up of people who had a bias for a small two lane road on Main Street. The idea is not bad, but is it in the best interest of the city for now, and will it be the best thing for the city in the future? It seems to me if one was to put together a steering committee, it would be much more diverse, and take into the mix, the opinions of the merchants and prope y owners affected, as well as the private citizens. The meetings were a sham to appeas the complaints of the nay Sayers and to document that it had taken place. Signed by a~vor L.if ~ ~A;&i?C_: _______==~~~jfK~€___==~~~~ ;~_::-- ------ . -7;1;jfl+5&SN---!.f)N4+'-.--------------E'=€Je=-:;s:i'-~-- ~~~~~::::::::~f11~&j~~:=~:~ril~;r1k3Ih\~~~ t~:_-------------/-fi$.k/--$~~--~--____-9.3.s:::-~51 ~~~~~~i~~~~~~~i~~~~ ~~. .0,-rt: __b___________2.'--b..L~Jr..lI:ttfi.~L~~ff:y~11a":u{(c-W3.(-M2..--~~y::~[0-/-'-( :J~tbt .:~::::::~]i:dil:J:::i~:::~~::~~~jj]Jf'.f:::::~MVj y~~~~______ ____5_J::::-L':f.__2_.!.__6:~~t.f;!.L---I3-t2!&-.;r:i2..--fJ.2Qi---~Jq-?::.- (<;, 2-0& (ffl?"t:.~~--~- .: ______________~_~.?____~___~~~___:7---.Me::.i~.!~:L~--ff..?ff.c..~_ 8./0 t/(' - ---------- -------- -- --------- - - - ----- ------------ ----- --- -------------- - - ---- --------- --- -----...-- --- --- ---- July 22, 2005 MERIDIAN CITY COUNCIL MEETING APPLICANT July 26, 2005 ITEM NO. 3 REQUEST Public Hearing - Downtown Meridian Transportation Management Plan - consider adoption of plan which recommends preferred layout for Downtown Traffic Patterns 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 shalt become property of the City of Meridian. il<1AYOR Tammy de Weerd CITY COUNCIL MEMBERS Keith Bird Christine Donnell Shaun Wardle Charles M. Rountree STAFF REPORT: CITY HALL (208) 888.4433 - Fax 887.4813 PUBLIC WORKS BUILDING DEPARTMENT (208) 887-2211 - Fa'( 898.9551 LEGAL DEPARTMENT (208) 888-4433 To: Mayor and City Council City Council Hearing Date: July 26, 2005 Transmittal Date: July 20, 2005 From: Subject: Overview: Steve Siddoway Transportation Coordinator Downtown Meridian Transportation Management Plan JUL 2 1 2005 City of Meridian City Clerk Office On Tuesday, July 26, 2005, the Meridian City Council will hold a public hearing on the proposed Downtown Meridian Transportation Management Plan (DMTMP). The proposed plan recotntnends the 'Split Corridor' as the best option to balance the needs of both moving traffic and revitalizing downtown. Per the City Council's request, the Planning and Zoning Commission reviewed the DMTMP at their meeting on July 7, 2005. The motion to recommend approval of the plan, with the Split Corridor as the preferred option, was approved unanimously by the Conurussion. This staff report reviews public involvement, the process background, Multi-Criteria Evaluation, and summarizes the analysis results. A full copy of the plan and all public cotntnents received were transmitted to the Mayor and Council previously. Public Involvement: Four public meetings have been held to date: September 30, 2004; November 16, 2004; January 19,2005; and May 18,2005. The first public meeting coincidentally occurred on the evening of the first Presidential debate. Though it was not well attended, participation was positive from those who came. Purposes of the meeting were to inform the public of current conditions, describe the planning process and outline six alternative transportation solutions. The second public meeting focused on familiarizing participants with details of the three finalist alternatives. It was widely publicized to encourage participation and a count shortly after the meeting began identified 122 people present. Discussion was spirited and many people expressed frustration widl the current circulation systenl. All in attendance except one agreed tllat change is needed. Over the course of the meeting, participants became increasingly engaged, constructive and positive. The meeting facilitator encouraged participants to further express their thoughts in writing so that their ideas could be recorded for consideration by City and ACHD leaders. Over forty people did so at the meeting. Their comments are in the plan as Appendix 3a. Staff recommends that the Council review all of the statements to get a better sense of public response to the presentation. The third public meeting in ] anuary was held to present the Split Conidor as the prefened alternative. It was also well attended, with just under 100 people at the presentation. Written public comments from the meeting were also compiled and included in the full plan as Appendix 4. Originally, this was intended to be the last workshop; however in April ACHD revised the cost estimates for all alternatives upward and it was decided that the new information needed to be taken back to the public for review and comment. Thus, a fourth public meeting was held in open house format to present the revised cost estimates along with ideas for phasing the Split Corridor. Attendance was not taken, as people were able to come and go at any tin1e dU11ng the evening, but the open house was also well attended. Written comments from the May meeting were compiled and submitted to the Mayor and Council with a separate cover memo dated July 14 for your review and consideration. Tluoughout the process, a Steering Team was also involved in reviewing and making reconunendations to the project. The Steering Team included a diverse array of interests, including the City of Meridian, ACHD, MDC, Chamber of Commerce, Compass, lTD, Police Dept., Valley Regional Transit, and the Meridian Planning & Zoning Commission. Process Background: TIllS project has been an outstanding partnership between the City, ACHD, and the project Steering Team. The collaborative process, including extensive public involvement, has resulted in moving from a list of about fourteen transportation management alternatives to six semi-f111alists; and then from six to three ftnalist alternatives. The d1tee ftnalist alternatives received a very d10rough analysis tluough a process known as Multi-Criteria Evaluation (MCE). After much analysis and discussion, a prefened alternative, known as the Split Corridor, was selected for the plan. How did we come to select the Split Corridor as the prefened alternative? The MCE method uses goals and priorities as criteria to measure the relative merits of different alternatives. First, relevant City and ACHD (Ada County Highway District) goals were identifted in existing documents (e.g., Comprehensive Plan). Then, the project Steering Team collaborated to identify other project goals that should be considered and to weight the goals according to their relative priority. Generally, the Team organized goals into three categories: Community Priorities, Transportation Priorities, and Fiscal Priorities. The evaluation criteria and their relative weighting! are: 1 Steering Team members were asked to distribute 100 points among the 22 criteria. The more important anyone criterion, the more points it should receive. Scoring from each of the members was then totaled and averaged. This democratically derived final (average) score reflects the combined insights of people with a variety of backgrounds and specialty knowledge. Transportation Priorities Score .> C0111.patible with current & probable uses / zoning .> Integrates adequately with regional transportation network ~ Reduces traffic congestion .> Enhances circulation in all cardinal directions .> Provides for reasonable traffic flow & progression .> Provides adequate capacity for next 20 years .> 1vIinimizes traffic diversion ~ Allows for reasonable pedestrian flow and safety Community Priorities .> Compatible with community vision and probable land uses .> Encourages strategic development of downtown as the heart of Meridian ~ Compatible with Downtown as a pedestrian-oriented community center ~ Fosters multi-modal lifestyles .> Fosters environmental quality .> Provides high potential for public acceptance and use ~ Allows for emergency vehicle access and routing .> Accommodates parking and commercial deliveries .> Minimizes impacts to historic structures Fiscal Priorities .> Compatible with reasonable maintenance costs ~ Compatible with reasonable construction costs ~ Provides for Phased Implementation How Multi-Criteria Evaluation Works: (Skip this section o/YOtl are familiar with !vICE.) In the real world, choices are complicated by the presence of multiple and diverse goals. Multi-Criteria Evaluation is an analytic system that helps decision-makers compare alternatives using a range of typically incomparable criteria (e.g., cost, square feet, number of people, time, etc.). The first step in this process is to identify goals, or 'criteria', to be used in the evaluation. The priorities listed above are such criteria. The second step is to determine 11.1eanS to measure performance of each alternative against each criterion. There are many ways to measure performance. Sometimes decision-makers are well served with measures as simple as 'yes-no.' Often, more detailed measures can provide a greater depth of insight (e.g., square feet, total dollars). For the Downtown Meridian project, a mix of such measures has been used. Each measure needs to be expressed in quantitative terms. Even with Yes-No situations, 'Yes' becomes a one and 'No' becomes a zero. Partial fulfillment in such situations can be stated as a fraction between zero and one. In the third step, the value of Multi-criteria Evaluation (.tvlCE) becomes most clear. Ordinarily, such things as dollars cannot be compared to square feet. With MCE, performance measures for all alternatives are totaled for each criterion. An average is then calculated. Individual measures for each alternative are compared to the average in terms of its variance from the average. This is called "normalizing the score:' At this stage, measures from diverse criteria are now in a comparable form. In the fourth step, normalized scores are multiplied by a weighting factor that expresses their relative importance. Again, this reflects the real world where different goals (criteria) have varying levels of importance. In MCE, to obtain these weights, one hundred points are distributed among the criteria. The higher the importance of a criterion, the more points it gets (c.f., Footnote 1). The individual weighted and normalized measures are totaled for each alternative to derive a comparable performance score. Generally, the higher the score, the better an alternative addresses the collective criteria. Results: The results of the MCE scoring are summarized in the following table: Alternative Cost Score 1. Split Corridor $11.6 M 74 2. Widen Meridian $11.7 M 58 3. One-Way Couplet $8.1 M 47 4. Base Condition $0 29 These scores measure relative performance and are useful only in comparing one alternative to another. No "perfect" score is possible or implied. In brief, the Split Corridor performs the best among all criteria. The Widen Meridian alternative also addresses the Community priorities better than the One-Way Couplet. All alternatives perform substantially better than the Base Condition (which relies exclusively on regional transportation improvements to address program criteria). Recommendation: Staff recommends approval of the Downtown Meridian Transportation Management Plan, with the Split Corridor as the preferred alternative. For many years the City has been in a debate between the one-way couplet and widening Meridian Road. We have found a solution that combines the best components of both other options and meets the needs for both traffic flow and downtown revitalization. We look f01ward to a productive discussion with the Mayor, Council, and the public about this plan. Attachments: Attached to this report include: 1. The Multi-Criteria Evaluation matrices (parts 1-3) 2. MDC Resolution 05-017 approving the Downtown Meridian Transportation Management Plan 3. Meridian Chamber of Commerce letter, dated April 5, 2005 4. Steering Team Memo showing unanimous support for the Split Corridor ...J -:r: o a; ~ ~ III :2 .~ ~ 5::; ~ Q) ~ct j ~ U ~ ~ lQ j::;1Il ~ a:: o 0.. ~g g:~ :t::~ ~~ ! ~ · CI) ILl a:: o (.) CI) ~ ~ en ~ j::; ~ ~ ...J -:r: ;;: o j:: <::t -I = ::, U 9; U t- O:: 0: i Cll :!: z ro i >- o o .t: .g () ~.~ u o o o o o 1.0 o i!I >. .~ ~ "0 C .y;co o ~ ~.g .~ ~ ~~~ ~~~ tlllldtf ra.2 g~Q)uu::u::tftf ~2~ ~ ~~~~~~ ~ i ~ .~ -:i ~ ~ ~ ~ ~ ~ '8 ~ 2:~ ~ i"~~~<( () <;(<(<( <ll <ll <ll <ll <ll <ll UUUUUUIIl ~~~~~~~ ~~~~~~::: HHHi o 0 0 0 010 0 o..-(Ot--.OOC'\lO LOcr:ic0LO"<icOcr:i C')C'\lN"-LO~~ 00000100 OC'\lLOOOOLOO 00.i0.iLO--=r"f'-f'-O>",,"tDO --=LOO"<i0.iLOLO C')NN(v)C'\l~N 00000100 C') 0> ",,"CON (0 0 r--:cr:ir--:"<icr:iLOcr:i ~C')",,"NC')g~ 000000 zzzzzz ~~~:-s~~ ro ro ro ro ro ro ~~~~~~ ~~~~~~ >- >- >- >- >- >- OOLOLOOO 00f'-f'-00 ~~OO~...: OOLOOOO OLOt--.LOOO rOO 0--=--= OOLOOOO OOt--.LOOO 0""':00--=""": OOOLOOO OLOLONOO 0000"-:""": ~ -g I u ~~~~~~~~ HHHH >->- >- >-0...>- >->- 0000001.00 oooooot--.o ......:--= """:~""":o""": LOOOOOOOO t--.ooooooo o~ ~Lci~~~ gj OOLOLOOOLOO LOON t--.OLO f'-O oocicir--:cici""': ffi OOtOooooo LOONtOOOOLO cicioo~O""":ci f~1 ~ en "0 "0 Cl Cl o 0 ~ :!1 0>0 NC') r--:"->- ~g~"-d C')",," C'\l~ cr:iLO OtOO"-LO C'\lN~ 6 LO LO C') f'- cr:i""": OO~..-~ 6 OOO..-~ ..- IIII -1 ~ U rJ) C 8g~ ~ 6 ~(!) ~ ~ 8> _~oro a3 .~ ili ~ m~ ~c ~~ ill~ ~~ rn coo tC ~m ~f i it ~!I ~I >."0 EE C"O"O ffi _I:~~= c~ ~: ~~~ ~ rJ) w O~ @E~~ c rn_ ou rJ) ~~ :~~~ ~~~ i~.....~i ~s rJ) i~ ~~~~ t~~ ~"O~ I~ rJ) ~ ~~ ~i~~ ~~1 !~~~~~ ~"O ~ Ii iffffifff!I!I!j fliiillll ~~ ~~~~~828~~~~~~6~ ~8fO'~~i~~~ !1!illllllllllllll!!!I!!!;;!11 <(~<(<(<(~~<(8UWU~~~<(<(2mm~uuuu UU~ ~ ~~~~~ro~~~~~~~~ 00 ~8 ..... ti (!) I- ~o ~~ ~ 008 ~ r:: _r:: ~m.g:g <: ~~ o j:: Ql ~<C 1 o u a.. ~~ o::c cu e:m :t: u L5 ~9 ID~ ~~ (j CI) ~~ .0 ~ ..... ~ a:: o <: c" ~ j::: ~ a:: ~ ..... o::c ~ o j::: o::c :5 I~ I~ CI> Cl ~ > <C co co o U?U?00C0 1'-1'-00 CO ro~~ 0 C0 U? 1'-1'- ~~ oU?mooo U? 1'-<0 U? 00 oooo~ moC0 U?C0COCO <OU?COCON<OCOCO oooo~ooo 00 OU? 0""': 1'-1'- moo ""fN ~ ..- :e~ 99 g~gjggg~ N .,...:.,...:.,...:r--: l!)OOC")OO<Ov vO<ONO><OCO..- ~N~~9~o~ 00 co 000> ON~ 1'-0 '<:l:U? COvOOON l'-..-vOCOl!)0 ~~'7~o~~ 3 ~~ 01'-0>000<0 o<ooooOv NO""':""':""':""':t.O O>OOC")vO"<tv OOIDN..-CO..-..- N ~~~~~ 00(0 00<0 c:iN~ l!) 0> ~co O>NNOOI"-l!) NCONO"<too ~~c;i""':cio;ia:i ~ I"-v COl!) 99 g~gjggg~ o~~~~"'=L.ri C")OONNOID"<t 1"-0 "<t 0> co co co..- ci ci c:i ci 9 c:i 0 . 00c<) 000 oci-i co ..- N<O ~9 OOc<)OON(O OOC")ONOc<) c:ic:i9""':""':90> I"- l!) c:i ~~ 01"-c<)000"<t OCOI'-l!)OOID cic:ic:ic:i""':""':""': c<)OONc<)Ovl"- 1"-0 v CO..-o..-l!) c:ic:icic:i~c:i""':c:i 00c<) 00c<) c:ic:iN 00 00 c:ic:i 000000<0 OOOOIDIDl!) c:ic:id""':""':NcO II II ill w w WW CO::o:: 0:: 0:: i ~i i i ~ ~I ~~ ~~ ~ m~ ~ ~~ ~!~ ~~~ ~~ ~; ~[ ~ ~~ffi i~ ~~ffi ffiffi ~Q ~Q ~ -~~ ~mE ~~~ ~m ~ 2 F ~ -g.Q 8. ~ ~ ~ ~ .g .~ ;: s: s: r::~ _m E ~wZ ~Q m 2wZ zz ~~___-E'~ ~ ~~~ ~i2 ~ ill. 5@~~ ~:3 ~~~~~ M~~~~ ~~~ ~~j ~~~ ~ ~g ~6~~E ~~gille 2~~ ~e~ ~~e 8 e~ ~I~I~ !j~~~ [~I !~~w~i~ ~ ~ ~ ro~ro~~ ~ro ro ~-m m om ~ 0 ro ,~ -; ~ ~ ! g ;a; g ~ ~ ~ ~ M ~ ~ ~ ~ ~ ~ ~ w ~ m ~ "0 2 "~ ~ !~~i~ ~i~~~ ~~ro gMg~~!~ ~~8[~~~iE~ 1? "S: t5 :2 6 .Q ~ ~ g fl. 'S: 0.. ~ W C -g m 0 ~ Z t5 fl. 0.. (,) 6.5 2 g [ E i ~ ~!Ii~ ~~~~~ f~~~~i~~~:~~ ~~~m~~~~i3 ~~Em~ m~ro~Q ~~~2~~>~EmQ~ 62g~~!~6E~ -t ~,Q 0 r: :g E ~ ~ ~ ~ E .~ ~ ~ ~ ~ g:g 2 ~ .8 5 ~ ~ ~.s ~ ill ~ 1{l :; !Q ~!!~~~"O~~;~~~~~~~-g~i~~~ill~~ ~~~~g~~~~~ ro~~6~8R~w~rn~~fu~i~i~~~~*~~~8~i;~~o~~i~ itljjf~I~!lji)~lltl~lijjl~! !1!!!~a!li 2~~~:2~~~~~~~~~ 8UWO~~~~~2mm ~ooou OO~ ~ ~~~ ~ ~~~~ ~ro~~~~~~~~ 00 ~G ...,j q: o (!> I- ~ ~ (!> ~u- ~ /jj ~ glll~~ ~ ~~ o Q. Ql ~<( ~ ~ () n~ i:jlll a:: It fZ a::U') 09 U c C/) III 07 ~~ :::i .~ ~ a:: .~ O~ ~ ::t: (!> ~ en ~ i=:: ~ a:: I:! ...,j 0::( ~ o i=:: q: :5 I~ I~ (") '<t c-0 mm NO "i"i OOLOooom 001.00001.0 ID--tIDO)c-0c-0~ oooomool'- OO(OOONLOI'-- ~~a::ic-0~~NLri C') '<t M ~~ u;>r-;: 001.000000 001.00001.0 IDNtOIDc-0C'i~ '<toommo(")..,- (,OOO(,ONN'<t1'- t--:~oiM~~c-0Lri C') '<:j" c-0 001'- (Om c?~ OOLOOOON OOLOOOOC') C>--tcOcOMMm mool'--LOOI'-..,- 0001'-<0(01.01'- triciNN~LriNtri ml'- NN a;ir-;: 00(,0000..,- 00(")0001.0 ON--tMMM"-: mooLO(,OOC')(,O OOOOONO'<tCO triON..-:~OMN iIIIM 1.0 lO tritri II~ ~ ~ M ~ ~ M ~ UJ W ~ 0 w ~ c~ ~ i g~ ~ ~ U ~~ U co I 0 ~ _ 0 en C QJ ~cn ~ ~ ~ ~,~ fIl ~ ~ "ffi fIl ~~ ~~ ~ ~6~ ~~ ~M~ j~ ~~ i s~~ wmE K~~ ~ g ~ ~ -g ~ 8. 3: ~ ~ 15 'g 'is 3: g~ ~~ ~ ~~i ~;i ~ w ~~i ~~%O~ @~~~~ ~~~ ~~~ ~~~ ~~~~~ ;~~~~ ~~~ ~~i i~~ g; m ~ Qj 8 ~ .~ ~ "8 ~ ~ ~ ~ 2 ~ ~ ~ ~ ~ ~~i~i ~~~~~ ~~! ~:~~~~~ III~! IfIll !J~i~i~!;il! 3E~~~ ji~~~ ~~~~~~~~~~~5 ~~~~~~ Ei~~~ E~~i~~~~2~~~ mrowro~~ Ea2EO~82o~QJ2QJ~20~0 llI~g~~~&~~~~~~~~Eg;E~~8.~~~~~U di 6 ~ 8 g> ~ g- ~ ~ ~ ~ 6 ~ c2 ~ ~ ~ ~ ~ ~ ~ ~ ~ .s ~ :g ~~2~~~~~~[2ill~~~~~~~~ills~~~~ ~~~~S"'-N~"'-NK~~g @E8E22~3gS"'-N ~~@~~~~~~~~~~~ g8~8~~~~~~~~ .... f-: 0 1lI ...,-N C0 '<:j"LO(,01'-- . <-N(")'<tLO<Ol'-oom U ~~~ ~ ~~~~ ~rorororornrnrnrnrn ggf8 o~~ I'-O'l OO'<:j" u;>"i ..,-mNoom(O 1'-0 1'--0 co 0 0 ~~9Lri..t"i;t gg~ oNm ''<t NCO oeo u;>u;> m..,-..,-oo..,-LO Nm 0"<:1"<0(") NO triC'-it--:oi I r I L() 000 00..,- cicigj ..,- (") ..,-CO u?~ OOI'--Oom OO..,-ONOI.O ociciLrit--:triID , '<t 00(,0 oom cici~ 00 00 00 0000001'- 0000<0(00 ociciLrim~~ II ~M ..,-1.0 lO 1.0 (0 cici ww n::a::: 00 uu cncn cc ww I-N ffi~ w~ ~~ ..Jz ~ c~ w g ~ en Ill:r: 8 :::> (!) ~ g ~ ~ ~ w2~en~~6~~ iHIU!U; ~ ~~~~~~~~:; ~ ~~~ 8~-5]j ~ .~ ~ :2 -* ~ ~ -* .~ ~ ~~&~~~~~~i -a.. aU ~~:=~:: ~g~ 8UUUU uuo... l..!.. (ju NC0 UU . MERIDIAN DEVELOPMENT CORPORATION THE URBAN RENEWAL AGENCY OF THE CITY OF MERIDIAN j) fjJ jL\l<~~ '1/) z/05 RESOLUTION NO. 05-017 '1- ~ . BY TIlE BOARD OF COMMISSIONERS OF THE URBAN RENEWAL AGENCY OF :MERIDIAN, IDAHO, AlK/A TIlE MERIDIAN DEVELOPMENT CORPORATION: A RESOLUTION OF THE BOARD OF COMMISSIONERS OF TIlE URBAN RENEWAL AGENCY OF MERIDIAN, IDAHO, APPROVING THE FINDINGS AND CONCLUSIONS OF TIlE HUDSON REPORT RELATING TO THE DOWNTOWN MERIDIAN TRANSPORTATION MANAGEMENT PLAN; DIRECTING THE CHAIRMAN OR ADMINISTRATOR TO DISTRIBUTE TInS RESOLUTION TO ANY INTERESTED PERSONS OR ENTITIES AND TO PROVIDE LEITERS OF SUPPORT FOR TIlE FINDINGS AND CONCLUSIONS OF TIIE TRANSPORTATION STUDY; AND PROVIDING AN EFFECTIVE DATE. TInS RESOLUTION, made on the date hereinafter set forth by the Urban Renewal Agency of the City of Meridian, Idaho, an independent public body corporate and politic, autherized 'under the authority of the Idaho Urban Renewal Law of 1965, as amended, Chapter 20, Title 50, Idaho Code, a du1y created and functioning urban renewal agency of the City of Meridian, Idaho, hereinafter referred to as the lIMDC. tI WHEREAS, the MDC, an independent public body, corporate and politic, is an urban renewal. agency created by and existing under the authority of and pursuant to the Idaho Urban Renewal Law of 1965, being Idaho Code title 50, chapter 20, as amended and supplemented, and the Local Economic Development Act of 1988, being Idaho Code, title 50, chapter 29, as amended and supplemented (collectively the "Act"); WHEREAS, the MDC was established by Resolution No. 01-367 of the City Council of the City of MeridiaI4 Idaho (hereinafter the "City Council'')~ adopted July 24~ 2001; WHEREAS, the City of Meridian, Idaho (hereinafter the "City"), is a public entity, organized and operating pursuant to Title 50, Idaho Code, as amended and supplem~ted; WHEREAS, the City Council of the City of Meridian, Idaho (the "City"), on October 8, 2002, after notice du1y published, conducted a public hearing on the Meridian RevitaIization Plan (the "Revitalization Plan''); WHEREAS, following said public hearing the City adopted its Ordinance No. 02-987 on December 3, 2002, approving the Revitalization Plan and making certain findings; WHEREAs, the City of Meridian and the Ada County Highway District ("ACHD"), with the concurrence of the MDC Bo~joint1y retained a consultant group headed by the Hudson Company (the "Consultant") to conduct the Downtown. Meridian Tmnsportation Management RESOLUTION NO. 05-11- ~ 1 (Mri~...StudyfiadiDgupproYil) Plan (the "Transportation Plan"), reviewing several transportation planning alternatives for routing traffic through the City of Meridian, including transportation routes which traverse through the Revitalization Plan area; WHEREAS, the MDC Administrator and certain Board members have been involved in the Transportation Plan to examine transportation routing and alternative vehicle movements; WHEREAS, the Consultant has presented the preliminary findings at several MDC Board meetings, including the meetings of December 15,2004, and January 19, 2005; WHEREAS, at the Janumy 19. 2005 meeting the MDC Board conceptuaIly endorsed the preferred transportation alternative, subject to the several planning meetings and public sessions scheduled to review the proposed conclusions; 2005; WHEREAS, the MDC Board has reviewed the information compiled since January 19. WHEREAS, the Consultant has prepared and submitted its findings in a report entitled the Hudson Report (the "Hudson Report") to the Board of Directors; and has requested the Board provide a statement of support for the Hudson Report; WHEREAS, the Board of Directors finds it is in the best public interest to approve the findings and conclusions in the Hudson Report. NOW, THEREFORE, BE IT RESOLVED BY THE MEMBERS OF THE BOARD OF COMMISSIONERS OF THE URBAN RENEWAL AGENCY OF MERIDIAN, IDAHO, AfKI A TIlE MERIDIAN DEVELOPMENT CORPORATION. AS FOLWWS: Section 1: That the above statements are true and correct. Section 2: That the MDC Board finds the proposed preferred alternative for traffic routes through the Revitalization Plan as outlined in the Hudson Report ( a copy of which is attached hereto as Exhibit A, and incorporated herein by reference), provides the best development opportunity throughout the Revitalization Plan area and meets the objectives set forth in the Revitalization Plan. Section 3: That the MDC Board hereby endorses and supports the findings and conclusions of the Hudson Report. Section 4: That the MDC Chairman and Secretary are hereby authorized to take steps necessary to formally distribute copies of this Resolution evidencing MDC's support of the Hudson Report to interested persons or entities, and to provide letters of support for the findings and conclusions of the Hudson Report. Section 5: That this resolution shaI1 be in full force and effect immediately upon its adoption and approval. RESOLUTION NO. 05-ln.... - 2 (MerIdllIllblllllMlTrm.! Sludy findinso opprnvli) PASSED AND ADOPTED by the Urban Renewal Agency of the City of Meridian. Idaho, alk/a the Meridian Development Corporation, on March 30, 2005. Signed by the Chairman of the Board of Commissioners, and attested by the Secretary to the Board of Commissioners, on this 9th day of March 2005. AITEST: By Secretary RESOLUTION NO. 05-~ - 3 APPROVED: By Chairman (MoridianlRJGlutm11'rmI S~y S.dinp IJIIlroval) ~vddUlA ....fI~. CHAMBER -;lJ COM~ERCE 215 E. Franklin Rd., Meridian, ID 83642 888~2817 * fax: 888~2682 AprilS, 2005 The Honorable Tammy de Weerd Meridian City Council 33 E. Idaho Ave. Meridian, ill 83642 Dear Mayor de Weerd and Council Members, The Meridian Chamber of Commerce Board is very interested in the City's solution to downtown Meridian traffic. Upon reviewing all of the City's presentations the membership and our Joint Government Affairs/Economic Development Committee, and after attending various public meetings on the suggested traffic alternatives, the Chamber is taking the following position. We support the split corridor option as a long-term solution to downtown traffic congestion; however, because this project will not be complete for at least 5 years, the on- going vitality of the Meridian business community requires an immediate solution that provides relief in the interim. We call on the City and ACHD to address this interim solution, which includes detailed plans of the FairviewIMainIMeridian intersections. With the continuing positive redevelopment of downtown, and our ever increasing population and traffic congestion, solutions need to be found soon to ensure that we have a vibrant downtown core that people will want to visit. We urge you to continue the good work you have begun in making this a reality. The Chamber is ready and willing to assist you towards this goal. Sincerely, Robert Chandler President ~ ~ Memo To: Meridian City Council Ada County Highway District Commission From: Steering Committee Date: May 11, 2005 Rm Preferred Alternative for Downtown Meridian Traffic The Steering Committee supports the process and results of the Downtown Meridian Transportation Management Plan. We established evaluation criteria that consider three different types of impacts: transportation, community, and fiscal. We used these criteria and public input to narrow our evaluation from fourteen to six to three altematives. The top three alternatives then received in~depth analyses over the past several months. Through these analyses, we have concluded that the 'Split Corridor' option along Main Street/Meridian Road best meets the combined transportation and community needs ofthe City of Meridian. We understand that there are still many unresolved issues concerning implementation and funding related to constructing the corridor. We encourage the Meridian City Council and Ada County Highway District Commissioners to work together to further refine the design of the corridor and to resolve the funding issues. Thank you for your consideration, Steering Committee Committee Members: steve Siddoway Anna Canning Bruce Mills Linda Rupe Terry Little Terry Smith Kelli Fairless David Zaremba Charles Trainor Sue Sullivan Capt. John Overton September 30, 2005 MERIDIAN CITY COUNCIL MEETING APPLICANT October 4,2005 ITEM NO. 5-A REQUEST Approve Minutes of July 26, 2005 City Council Special Meeting AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: ~vY Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meetings shall become property of the City of Meridian. Meridian City Council Special Meetina Julv 26,2005 The Meridian City Council Special Meeting was called to order at 6:00 P.M. on Tuesday, July 26, 2005 by Councilman Shaun Wardle. Members Present: Mayor Tammy de Weerd, Keith Bird, Shaun Wardle, Charlie Rountree and Christine Donnell. Staff Present: Steve Siddoway, Anna Canning, Bill Musser, Ted Baird, Joe Silva, Kenny Bowers, Bill Johnson and Will Berg. Item 1. RolI~call Attendance: Roll call. ~ Shaun Wardle ~Christine Donnell ---LCharlie Rountree ~Keith Bird ---L Mayor Tammy de Weerd Item 2. Adoption of the Agenda: Bird: Mr. President. Wardle: Mr. Bird. Bird: I move we adopt the agenda as published. Rountree: I will second that. Wardle: It's been moved and seconded to adopt the agenda. All in favor? ALL AYES. MOTION CARRIED. Item 3. Public Hearing: Downtown Meridian Transportation Management Plan - consider adoption of plan which recommends preferred layout for Downtown Traffic Patterns: Wardle: Item No.3 is our public hearing. I will open this public hearing for the Downtown Meridian Transportation Management Plan and I will begin with staff presentation with Mr. Steve Siddoway, our Transportation Planner. Siddoway: Thank you Mr. Council President. Mr. President and members of the Council. I am here before you tonight and am looking forward to this discussion on this proposal for the Downtown Meridian Transportation Plan. We titled this presentation where the vision hits the road. As you recall last year at this time ( Meridian City Council Special Meeting July 26, 2005 Page 2 of 30 we were just wrapping up our Downtown Marketing Strategy, which set our vision for downtown revitalization and the downtown has been experiencing heavy congestion for several years. We also have an area near the freeway off of Waltman Lane that is not developing due to lack of access. For years, as many of you know even better than I there has been a debate over what to do with downtown traffic. ACHD has been asking the city for a decision and about a year ago, we started this process to try and come to a solution, to move forward with a decision and this study was initiated to do that. We have a brief presentation that will go through the background history of the project, of the present conditions we are experiencing and the future opportunities or alternatives that became the finalist. First of all, you probably heard the acronym DMTMP. That is the short version for the Downtown Meridian Transportation Management Plan. It has been a partnership between the city and the Ada County Highway District. It's been a fifty-fifty partnership from its outset funded by both agencies and participates fully by both agencies through both the RFP process, consultant selection and the preparation of the plan. The consultant team for the project was a combination of the Hudson Company who worked on the Downtown Marketing Strategy and (inaudible) Pierce who are transportation consultants specifically. As mentioned, this project initiated in August of '04. We completed the plan last month in June and we are before you tonight with this public hearing. Our goal was to identify circulation system that addresses three priorities - three groups of priorities: community priorities, transportation priorities and fiscal priorities and I will get into what those are here in just a moment. First of all for the benefit of everyone here, a little bit of orientation to the corridor. We are looking at roughly two miles of the corridor along Meridian Road and Main Street between Interstate 84 and Fairview - Cherry Lane. This 1- 84 Interchange at Meridian Road is the second busiest interchange in the state. The busiest is also in Meridian at Eagle Road, so there are very high volumes of traffic being experienced by the corridor. Main Street bisects downtown Meridian. The downtown area pretty well begins at Meridian Road and goes over to around East 3rd and Main Street runs through the heart. We have a critical five-way intersection down the south end, which we will get into more detail here, but it's at the Main Meridian - Waltman Central intersection where KFC is where Main and Meridian split. Oh, let me go back. Now ACHD has the primary mission of moving cars. The city has been working very hard on goals to revitalize downtown. We went into this knowing that our solution - that would work for downtown Meridian we would have to do both. We have to move cars and need to make sure that it works for the downtown revitalization goals. Some of the most obvious issues to us in going into this is that there is a delicate balance between what we call to traffic and through traffic. Now the through traffic is the commuter traffic that travels through the area, but are not necessarily people who stop and visit and shop. The to-traffic are those destination trips. What we have been hearing for quite a while from downtown businesses is the through traffic is really becoming so heavy that it is deterring to-traffic or people who might be customers from coming downtown. It is so difficult to come downtown, make a left-hand turn into a business or out of a business, finding Meridian City Council Special Meeting July 26, 2005 Page 3 of 30 convenient parking and things like that that it's really the traffic issue has become a detriment to downtown. So we have got to balance that to-traffic and that through-traffic and find ways to accommodate both. The next thing is that it is time for a decision, as you will see in a moment that the issue has been discussed for at least 13 years - probably longer than that. What do we do with downtown traffic? And the whole goal of this was to try and find a decision that we can move forward with. I have already mentioned the intersection so I will move on. I am going to turn some time over to Terry Little. For a little bit on the background, you'll see here in the note that the study initiated in 1992. That's kind of where the recent history on this issue began and with that I will turn the time over to him. Little: Thank you Mr. President, Mayor and Council and citizens. This began about 13 years ago, at least my involvement with it. At that time, the main concern of ACHD was the intersection at Central down by McDonalds and we did a study to find out what are we going to do with a five-legged intersection once the Waltman Lane develops because it's destined to break down if we didn't simplify it and limit access at least on one leg to make it function better. At that time, Mayor Corrie had been on the Council three months, so everything has changed over. Even the street name has changed. We or you changed it from East 1 st to Main Street, so if I slip and say East 1 st, you will now where that is coming from. But, with the study - arriving at a decision at what the ultimate should be and then also installed a signal in the interim and the traffic that we had in 1992 would triple at that intersection by 2002 in ten years. We finished the signal in 1994. In 1997 we did a Meridian corridor study. Now this included the whole corridor that Steve showed you. The conclusion was that a one-way couplet was certainly the most efficient way to go and was the solution, but it wasn't totally supported, it was kind of the last resort, it was put into plan and no one wanted to see it built in the near term and so it kind of sat there and as a consequence we ended up looking at some alternatives at the intersection. There was some concern that in that six year period or so - or six to eight years that of the new players that were involved in that and there were many that weren't happy with the limitation, which did reduce direct access to Waltman Lane as part of the concept, ended up with pretty much the same place - a little tweak to the design, but started the intersection design in 2001 and as we got going in there new players entered again. I think it was primarily the development community over there and a concern about access. We looked at six alternatives in 2002 and finally arrived at and started proceeding on the design of one and we built phase one in late 2002 which was the Corporate _ Main intersection where we installed a signal to widen the road and we set up to go back and do a stage two, the Central - Waltman - Main - Meridian intersection, but before we got started on that the corridor study was looked at again and updated and then we put that on hold and Meridian went through this marketing strategy and the conclusion was that we wanted something that would leave the downtown in a lower traffic volume, more compatible for - extremely for pedestrian uses. Elaborating on what Steve mentioned about through-traffic and Meridian City Council Special Meeting July 26, 2005 Page 4 of 30 to-traffic, this is an auto-oriented area, certainly by any stretch or by anyone's definition - Winco and Home Depot and so forth that is auto-oriented. Downtown identified up there as more the pedestrian friendly storefront type atmosphere. The transitional (inaudible) zoned between Franklin and the railroad tracks and then you have got the surrounding residential both to the north and to the west and all the way around this area to the north and west you have the residential areas - you have some open land and then you have the demand for traffic. The primary through-traffic coming from the Boise direction, Micron, so forth going out Franklin and into the residential area and then we have the same directions coming from the east, going north and then west on Cherry Lane. So, that is the through-traffic demand in that corridor. The unfortunate thing is the way the intersection is set up and the ways the roadways are set up you have more of a capacity - your five lane intersection - concerns I have mentioned - auto- oriented land uses here - heavy traffic volumes - a desire to really open this up to really maximize the potential of this economically off of Waltman Lane and a need to serve the predominant corridor pattern, but the capacity goes this way to the - up the Main Street, the demand of where the people want to go is up Meridian Road, largely in a sense of the through-traffic. Okay with that I will give it back to Steve. Siddoway: Thank you, so that is an outline of what we are faced with. What we have done to try and identify the future opportunities, we set up a process known as multi-criteria evaluation in order to try and identify all the different types of goals that we were trying to balance. Before we ever identified any solutions we first asked the question, what are we trying to achieve? What are the goals that we are going to weigh into the alternatives against? What we came up with was a series of different types of priorities. There were transportation priorities that were considered. Those transportation priorities considered things such as the level of service through the corridor, which is a measure of the delay at the intersections, the signalization and time spent traveling through the corridor and things like that. There were also nine community priorities that were identified. Those were themes like what - how well does the proposed solution fit in with our goals for downtown revitalization? How does it work for emergency services routing? And many other things like that. Finally we also did include the fiscal priorities. What does it cost to build both in terms of right-of-way and in terms of construction? What are the maintenance costs likely to be? And other opportunities for phasing this solution? Now to go into what the various alternatives are. The first thing that everything is weighed against and that someone could consider one of the alternatives is the based condition, meaning what we have today. It considers Main and Meridian without any changes as it is today, but it does include several regional improvements. The Ten Mile Interchange, the Locust Grove Overpass, a Linder Overpass and the extension of Corporate to the west that is also planned. Now, the first question that we had to ask was is this enough? What we determined is that it was not. The advantage of the base condition is obviously the cost that if you don't build anything in the corridor, there is no cost to that. The disadvantage is that it does Meridian City Council Special Meeting July 26, 2005 Page 5 of 30 nothing to address the bottleneck at the Waltman intersection and doesn't meet the future travel demand through the corridor. So, the first alternative to the base condition is the one-way couplet that was considered in that 1997 study. What it would do is it would have one-way traffic headed northbound on Main Street, southbound on Meridian Road. Main Street would continue to dead end at Fairview and that is where the couplet would run. The advantage of the couplet is that it does improve the operations of the Waltman intersection. Because of the high traffic volumes that you would expect to see along a couplet like this is that it does serve well the auto-oriented businesses on the south end. There is less right of way needed for the couplet than other alternatives and at a resulting moderate construction cost. The disadvantage is that the primary one is that it is inconsistent with the downtown goals and objectives, not because it is one-way, but because of the high traffic volumes that it pushes through downtown and then secondly as I mentioned the abrupt one-way to two-way transition at the end where Main Street would continue to dead end. The second alternative, which has been talked about for some time is to widen Meridian Road. You can see a blow up on the inset here and how this might work with Meridian Road punching straight through. Main Street would then t-in and would not actually be accessed by the signal at this intersection and this would become a standard four-way intersection with Central, Waltman and Meridian Road. The primary advantages of the widening Meridian Road alternative is that it does put the heavy through traffic on Meridian Road, which saves downtown Main Street from those heavy, heavy traffic volumes, so it becomes consistent with the downtown goals. It does improve the Waltman intersection. The main disadvantage of this option - this does not meet the south end auto-oriented businesses as well. It has the most right of way needed of any alternative and the level of service which is a measure of how much you have to wait to get through a signal light intersection at Franklin and Meridian goes to a level service (inaudible) and so it has the poorest function for delay at the intersections. Those are the two that have been debated for a number of years. The third finalist that was brought up is a hybrid of the two. What it does is that you have a one-way couplet on the south end and Main and Meridian split and Main becomes northbound and Meridian southbound, that couplet continues north beyond Franklin Road and between Franklin and the railroad tracks, the couplet comes together with a new road connection. What this does for you is instead of having a couplet that dead ends at the north end, it comes back together in a more seamless manner. Now the advantages of the split corridor is that it also does improve the operations at Waltman. Because of the high traffic volumes, you do see a benefit to the auto-oriented businesses down that end. It does shift heavy through-traffic to Meridian Road before reaching downtown, you have got an easy one to two-way transition in this area rather than an abrupt one and it is consistent with the downtown goals because of the traffic volumes that would fall more in the range of the six to ten thousand vehicles per day that we would like to see in the downtown setting, rather than the 20,000 plus that we are experiencing today. The main disadvantages of the split corridor include the right of way for the transition area and also the southbound Main Street movement isn't as direct or seamless as the movements Meridian City Council Special Meeting July 26, 2005 Page 6 of 30 as the northbound Main or north and southbound Meridian Road. However, to address that there are multiple connections in downtown Meridian to get traffic from Main Street that want to get over to Meridian Road and be able to make that movement. I want to turn some time over to Terry to talk some themes and ideas. Little: One of the questions is can it be phased and how would it be phased? Because we are hearing again and again, that you have got to do something in the short term for traffic and we looked at a couple of phasing ideas and one was to rebuild the intersection to the ultimate here at Central can bring a couplet up to Franklin and then have a two way street to be like it is today and the other one was to go to Ada. As we analyze that the one to Franklin is really the way to go it has less impact up here and it works well. So, let's not to confuse it, with that needs to come and certainly a commitment to the ultimate plan. I am not trying to derail that in anyway, but to let you know there is the potential to - this a fairly expensive expenditure - this area probably could be done without too much investment in an interim way. This is what that transition - this is Franklin Road and here is the railroad tracks - this is what that transition looks like in terms of the area coming up past Ada and the Youth Ranch, I think is right there and Tates is up in here, swings over and this would be one-way northbound here, one-way southbound here and then they would join and this would be five lanes from where they join up through Fairview - Cherry intersection. This is a look at what the intersection would be like. Again, this is a one-way, northbound here with - this is two-way obviously coming from the interstate, but one-way north of here, one-way southbound on Meridian - Waltman could come in as a normal leg on this as would Central and that would be a four-legged intersection, essentially, where these two serve as one leg. I guess the most comparable intersection is Main and - Idaho or Main and Warm Springs down by St. Luke's where they come together at Broadway and this functions as a four-way intersection. A pretty good investment in this project, but it (inaudible) a lot of traffic as Steve mentioned, this is the second heaviest link in our whole system to Eagle Road in terms of traffic volume. As we ran the various alternatives through that scoring process and we had all the various goals in the transportation priority, the community priorities and fiscal priorities and weighted them. This was the scoring that came out. The split corridor, with the highest at 75 points, to widen Meridian Road second at 58, the couplets below it had 47. The other thing that everyone wants to know is the cost. What is the cost? Have those up there and these are the updated costs that ACHD came up with in April. The split corridor, the option that we are recommending is 11.6 million - the couplet is 8.1 million and to widen Meridian Road is 11.7 million. You should have received from me in preparation for this meeting three items. One is a copy of the full plan. One was a memo including all of the public comments received to date both from the most recent meeting and then all of the public comments received at the prior three were in the body of the document itself and then third was a staff report that gives you some more of the background and the weighting and how the multi- criteria evaluation process worked. It's been our goal to give the Council a ( Meridian City Council Special Meeting July 26,2005 Page 7 of 30 process that lays out the goals and it has been a way to gather all the information that we can about these alternatives and recommend what we think is the best alternative that works for both traffic and downtown goals and we would recommend the split corridor to you as that option. Wardle: Thank you Mr. Siddoway. Council, Mayor any questions for Steve before we begin the public testimony portion? Bird: No. Wardle: Thank you for the fine presentation for both us and the public, Steve. I have in front of me a sign in sheet. We will begin taking public testimony. At the conclusion of the public testimony, the Council has a number of choices that we can choose to close the public hearing and then make a decision, choose to close the public hearing and request additional information or leave the public hearing open. Is that - are those, Mr. Baird? Baird: That's correct. Wardle: Thank you. If you will please state your name and address for the record when you come up and please limit your comments to three minutes, we will have a timer up here and it will have a soft beep and if you could make your closing remarks then. My first person is John Foresberg and John, I believe that you are speaking for a number of individuals so I am going to provide you five minutes to present what I understand is a petition? If you will state your name and address please. ~ John Foresberg: Thank you my name is John Foresberg, [live at 2320 Cadillac Drive in Meridian. I am kind of affected by this in several ways and I have thought about it an awful lot. Basically, I wrote a petition and sent it around town and we got several hundred signatures on it. A lot of the people on Meridian Road and a lot of my own customers and people that drive the area. Anyway, what we believe ought to take place is that we install a temporary one-way couplet from the freeway or the split all the way up to Fairview and do that immediately and do all the intersection changes as we can so that we can provide the most amount of relief to the drivers driving up and down the corridor. It may be that it will be inconvenient for some of us, but it seems like that would be the best route until the Ten Mile Interchange gets completed. At that time, it seems that the best thing to do would be to step back and take a look at the traffic volumes and where the traffic is moving to, what's actually taking place and then make a decision on the final outcome of downtown. We think that because it's a much more changeable program than the split corridor. The split corridor did not take into consideration the intersection at the north end. It is going to completely make that an absoluteness with the traffic volumes that we currently have. Fairview is already backed up all the way to Locust Grove at night and in the morning. If you put a five lane in over there and the two lane ( Meridian City Council Special Meeting July 26, 2005 Page 8 of 30 going on Main Street, we are going to have an absolute nightmare and it seems to me that the Hudson Company's study was completely worthless because it did not take that into consideration and that's basically the jest of what we have to say. Who would like to receive the petitions? Wardle: You can present it to the City Clerk please. Thank you very much. John Foresberg: Thank you. Wardle: I would also like to note for the record that the city has received a letter from Mr. Christopher Brower and has entered his written comments into the public record. Next, Mike Zimmerman. Mike Zimmerman: Good evening your honor, Council members. I am here this evening to speak in opposition to the couplet plan. The opposition is strictly selfish. My wife is the owner of the Hungry Onion at the drive-in restaurant, which is located at Ada and Main Street Unfortunately this is right in the "y" of the proposed plan. According to your numbers that I have from the previous meetings, this would limit the traffic past the Hungry Onion to about 3,000 vehicles a day as opposed to the current, which is too much traffic by there now. I think this would adversely affect the business. I noticed in the planning that they took special pains to make sure that the motors had easy access to McDonalds. The Hungry Onion has been here for 50 years and has long-term employees that live and contribute tax money to Meridian economy and I just think that it would put us out of business. If you want to illustrate the point, I could ask one of the planners to get up and describe how a motorist who wanted to come to the Hungry Onion for lunch would get there from the Post Office after this was done. Would somebody want to do that? Wardle: Council? Donnell: Council member Donnell would. Wardle: Mr. Siddoway if you could provide a brief- Donnell: It can't be done? Bird: Not unless you go back up to the - Siddoway: Let me go to the blow up of that area and that will help me show that the most. Okay, this is a blow up of the split corridor transition. This is Main again and this is Meridian. The Hungry Onion I believe sits right here is that correct? Zimmerman: Yes. ( Meridian City Council Special Meeting July 26, 2005 Page 9 of 30 Siddoway: So, the question was southbound. First let me show you northbound you would be able to come in and turn right into the business directly. Southbound you would come up and you would have to enter from Ada to get into the business at that location. Donnell: Mr. President. Wardle: Ms. Donnell. Donnell: Steve you would need to go - what way is that, east from the Post Office? Siddoway: South from the Post Office, down Main, turn east on Ada and into the business. Zimmerman: The transition begins before Ada. Rountree: This is not a debate. Wardle: Thank you Mr. Siddoway and thank you Mr. Zimmerman for your comments. Next I have Pam Haws. Please begin by stating -- Pam Haws: Well, I was actually with him and so he was really speaking on my behalf, but you know have worked there for 36 years, so - Wardle: Thank you~very much. Sally Norton is you could please state your name and address for us. Sally Norton: Well, personally I think the Hungry Onion is a Meridian icon and so I think we should make a special effort to let people go there. I love looking at that. My name is Sally Norton and I live at 638 Mondale Drive in Meridian Idaho. I have been a resident of Meridian and the Boise area for 23 years. I have a Masters of Public Administration degree and I have been a Meridian Planning and Zoning Commissioner. I also have been commuting this route for 12 years, the last two years I have been carpooling with a fellow person and we carpool downtown, so I am very much affected by this and I believe this is the sixth study regarding this road. I think it has been studied to death. I do feel jf I could just add one thing is if you could pleas time the stop lights - BSU engineering students did time stop lights in Boise - particularly the stop lights on Cherry Lane and Meridian Road and Main, if those could be timed better that would help tremendously. BSU Engineering students would be happy to do that for free. The comment by the first person regarding doing a temporary couplet and then waiting for another study after the Ten Mile Interchange went through. When I was on Planning and Zoning, Ten Mile Interchange was on ACHD, I think the five-year plan and as we know five years, ten year plan, it gets - you will drown quite a bit with ACHD, so it could be another 20 years before we get another / { Meridian City Council Special Meeting July 26, 2005 Page 10 of30 couplet there at Ten Mile and the freeway - I am very much in favor of this, I think Steve Siddoway and his group has done a beautiful job and I think it is time for action and I say do it. If I could use part of my three minutes, I was unable to attend the public hearing at 8:00 yesterday regarding the budget. Again I noticed in the newspaper it was reported a $242,000 more dollars is to be put away for another five studies. I am a working person and I couldn't come to the public hearing, but I can't even save that amount of money from my retirement and I am tired of studies. We are smart and I think we can handle this. So, that's all I have. Thank you very much. Donnell: Mr. President. Wardle: Ms. Donnell. Donnell: A question. Did you - let me see if I understand that. You are for the split corridor? Sally Norton: Correct. Wardle: Thank you for your comments. Bird: Mr. President. Wardle: Mr. Bird. Bird: Remind her that that wasn't a public hearing on the budget -- that will be coming up the 30th of August. Wardle: Yes, that was an initial presentation and you still have time to comment on the official budget. The next individual - I cannot read the first name -- the last name is Anderson, I believe? (Inaudible discussion) Wardle: The next person, Violet Blake. If you could please state your name and address please. Violet Blake: My name is Violet Blake and I live at 612 N. Eldon in Star Idaho. Where they are doing the cross over and at first I would like to complain because I have never been notified of any other public hearings on this. I own four blocks at the southwest corner of Main and Ada Street and your plan that they have is going to go exactly through my property and this property is my main source of income. I am a widow. So, now what I want to know is that when they come in and they take all of my property are they going to compensate me enough to make my income be what it is now or is it what they are going to offer me - I am going to have to put on low interest rates and cut my income in half and I would ( Meridian City Council Special Meeting July 26, 2005 Page 11 of 30 like to know what is going on, but I also think that this was a great over sight and I should have been notified a long time ago. The only reason I know about this is I happen to be at the coffee shop and ended up with an old Meridian Times that had this notice in it. Otherwise, I wouldn't have known that this was happening. Thank you. Wardle: Thank you. Donnell: Mr. President. Wardle: Ms. Donnell. Donnell: Mrs. Blake, can you say again where your property is? Violet Blake: My property is on the southwest corner of Main and Ada and it goes right by the Lathrop, where it comes- Donnell: Main and Ada right there? Oh, that portion right there? What is the businesses that are currently there? Violet Blake: There is a sign company, I forgotten his name because he subleases, but Vinyl Touch is the renters of my property. Donnell: Okay, thank you. Wardle: Rich Allison.~ Rich Allison: Mr. President, City Council we have studied this for 25 years that's true. We have come up with a lot of solutions and we have looked at a lot of plans, financed a lot of studies and we really have gotten nowhere in my opinion. We have now come up with a hybrid plan that takes away a lot of property. It doesn't really solve our problem. It doesn't get people out of town on Main Street going south correctly. It will create many, many accidents in the future. We probably should buy and build a Police Station right where that little (inaudible) is because we are going to need there because of people trying to get back south from Main. By the way, the Hungry Onion is a well-known place. It is also in a movie, Bronco Billy with Glint Eastwood for those of you who haven't been here long enough to know that. I really believe that we should leave everything the way it is until the Ten Mile Interchange is built. We should also do another traffic count next year after Locust Grove is built across the freeway, which is going to relieve some traffic downtown without question. The third thing I did after I got the information with regard to the split corridor is contact my brother who is Deputy Director of Transportation for the California Transportation System. I reviewed this with him and he came up here and he made a solution, which I felt was appropriate and would work and I don't know how many Councilmen here have looked at that solution. If not, I have those comments that I made to the Meridian City Council Special Meeting July 26, 2005 Page 12 of 30 Planning group and I also drew a map that showed a different type of way of solving the problem, which is not part of the six studies that were done by ACHD. Basically, what it would be is exactly the same as what they have today before you, except that Main Street would only be one way to approximately Gem Street or somewhere in that location. At that location, Main Street would be brought back into Meridian Road to what I call a reverse. split corridor, which means that we would not have to buy any additional right of way other than widening what I feel should be widened, which is Meridian Road and it solve getting all the cars to the south; it would solve getting all the cars to the north, both on Meridian Road and on Main Street and would make Meridian Road a five lane Road. The only objection I have heard to Meridian Road being five lanes is a level "f' intersection at Franklin and if ACHD after all of this time cannot build an intersection that would relieve that problem, it's hard for me to believe. It would not be level "f', certainly. Wardle: Thank you. David Gray? If you could please state your name and address for the record please. David Gray: David Gray, 1404 West Gander Drive. We just thought we were signing up to say that we were here. Didn't know we were up here to speak, but I will talk for a few minutes. Tate's Rents is not in the movie that I am aware of. Our only concern is if you go back to the one - we do lose some ability to get down to one of our end lots. We do own an end lot, where we store our equipment, our big equipment, backhoes and 686's and it would be real difficult for us to drive a backhoe across the two lanes going that other way. Other than that, there is - Donnell: Mr. Gray? Wardle: There is a pointer right there. David Gray: All right. This right here, we own that. So, I am not sure how we would get across there. It is a backhoe and we could just drive over the road, but I don't know if we really want to do that. Anyway, that's like - I haven't talked with Steve at all about that, so it is just something we kind of thought of. My office is right here, so I am kind of sad about that and I will have to move back over into here, but I am okay with that too. I am guessing that people are going to be able to come into here off this and be able to connect here and hoping that will be made just as easily as possible for our customers. That is one thing that Tate's Rents prides itself on is customers. Contractors don't want to kind of wait a half an hour to get in and out of our store and that's one that we do is to make sure that they are in and out. Thanks. Wardle: Thank you. Ellis Cunningham. (Inaudible discussion) ( Meridian City Council Special Meeting July 26, 2005 Page 13 of 30 Wardle: Mr. Clair Bowman. Clair Bowman: My name is Clair Bowman and I live at 4400 W. Legacy Lane, Meridian. I serve as the Administrator for the Meridian Urban Renewal Agency called the Meridian Development Corporation. The Board and I have been active observers and participants in this study for it's entire duration. The report of the Hudson Company and Fair & Pierce was presented to the MDC Board for consideration. They accepted the report and recommended that the split corridor option - they recommended officially the conclusions that are in the report are supported and should be supported by the City Council. That would be all I have to report. Thank you. Wardle: Thank you. Bird: Mr. President. Wardle: Mr. Bird. Bird: Let me clear something up. It was not unanimous by the MDC Board that it was forwarded to with one (inaudible). Wardle: That comes to the end of my sign-in sheet. Is there anyone - if you would like to if you would please come forward and state your name and address. Robert Wynner: Robert Wynner, 2730 S. Mayflower Way, Boise. Council members, Madame Mayor I am a potential landowner at Waltman Lane. The property has been basically landlocked for I guess forever. If this intersection is enlarged and Waltman Lane becomes accessible, we have several businesses, hotels and restaurants that have already spoken to us that would like to be there. Waltman Lane being widened and improved will also access subdivisions to the west and with Corporate coming down from the north and also accessed subdivisions to the northwest as well through the stubs that are now just dead ends. So, some of our traffic that is now having to go down to Franklin, turn west, come back in could then cut through on Waltman using basically what we are going to develop as access into and out of their subdivisions, morning and evening and for businesses as well. That's alii have to add. Wardle: Thank you. Jay Johnson: My name is Jay Johnson, I live at 18301 S. 18th Way, Vancouver, Washington 98683. I have been following this along with Rich and a number of other people for a good 20 years that I have been involved. I have done surveys what is now Main Street. Something has to happen, I agree with Mr. Allison - soon. I am appalled that ACHD hasn't been able to deliver ten miles ten years ( Meridian City Council Special Meeting July 26, 2005 Page 14 of30 ago or even bring it into the near future. I do agree with him. [agree with the Hungry Onion. I agree that there are people that are going to be displaced no matter what we do. Not everybody is going to walk away a happy camper. My plight is basically going to be the downtown area to maintain - (Turn over tape) Jay Johnson: -- I have been involved in this, as I said for about 23 or 24 years, but my plight has always been, basically, on the streets if you make Main Street a one-way street in front of my building, which happens to be the corner of Pine and Main Street, I lose every bit of parking [ have got because it's angular parking and consequently, it's null and void. One piece of property. You got a lot of things to weigh. [would like to see Meridian survive. Donnell: Thank you. Jay Johnson: Thank you. Wardle: Is there anyone further? Thank you very much for all of your public comments. Council we do have an open public hearing. Bird: Mr. President I would like to ask Mr. Little to verify something. The Waltman intersection goes in all three options, right? The same configuration? Terry Little: The Waltman leg has full access under all - if that's what you are asking. Bird: Yeah. Terry Little: Yeah, that was one thing that we were strong about early on in this study - we wanted to present real options that could serve that because that is the thing that has hung this up all along is providing that full access. Bird: Okay, thank you. Donnell: Mr. President. Wardle: Ms. Donnell. Donnell: Mr. Little, would you please respond to the role that ACHD has in the Ten Mile Interchange? Terry Little: Yes, the Ten Mile Interchange is, of course, primarily ITD and development and we have been involved in a number of meetings, but it has never been to my knowledge, my 13 years, been in our program as a funded project. I think ITD has identified it as part of that GARVEY funding and has Meridian City Council Special Meeting July 26, 2005 Page 15 of30 great potential to be done in cooperation with the development. We are working with them, we of course are greatly impacted and need to work with them on our projects and ITD will be dealing with this GARVEY proposal here at their Board level soon. I expect we will be getting feedback meetings, planning and hopefully a program project in the near term that can do that interchange. I can't speak for ITD or the developer, but we will just cooperate. Donnell: Mr. President, follow up? Wardle: Ms. Donnell. Donnell: Mr. Little, ITD meaning Idaho Department of Transportation? Terry Little: Correct. Donnell: Idaho Transportation Department, I'll get that right. Then would you also respond to the Locust Grove overpass and ACHD's role in that as well? Terry Little: Yes, the Locust Grove overpass is one in which Meridian had proposed that they make a commitment on right-of-way purchase and dollar commitment. They made a very large commitment on that. ACHD committed to move it into our program and do it as expeditiously as we could. The final key to the puzzle was the over-crossing, which ITD was to fund with a couple different funding sources. That has finally been resolved and that is the last piece that will be built and that was 2006, that will be next year. It will make a difference in downtown and that is going to be huge for the locals to get across the freeway without having to do Eagle Road or Meridian. Donnell: Follow up again, I am sorry. Wardle: Ms. Donnell. Donnell: So that - yes the city did make a huge commitment. I think 1.8 million dollars. So, that will be completed in 2006? Started in 2006? How long will it take for that to be completed? Terry Little: Let me - boy, I am not exactly sure. I will look and see what I have got in my program. Involving ITD and the Interstate, we don't have as much control as we might, but I will look in my book here and see if we have got an estimate on that. Donnell: Thank you. Mayor: Mr. President. Wardle: Madame Mayor. ( Meridian City Council Special Meeting July 26, 2005 Page 16 of 30 Mayor: While, Terry looks at that [ think it's important to note that ACHD has been a huge partner with the City of Meridian in this. On the Ten Mile Interchange they have worked hard to improve a lot of miles of road over there by 2009, so that there are ready for the impact of the traffic when the Ten Mile is constructed. So, we appreciate that partnership. Also, they were the ones that kept pursuing and keeping Locust Grove overpass on the books when it very easily could have been taken off. They have also fronted the money for ITD because it was in ITD's plan for 2007. So, I would like to note that publicly that ACHD has been a partner with the City of Meridian and they are working on behalf of our community and our citizens to make sure a lot of our transportation improvements are done. Unfortunately none of them can be done as expeditiously as we would like to see them, but they have been great partners for the City. Wardle: Council, to continue to have an open public hearing? Bird: I think Mr. Little is - Rountree: Terry is looking for an answer. Terry Little: 2006 is what our program shows, but it's not specific as to the actual letting the contract and that and I can say that that's when we've got everything funded, but I can't say exactly when it will begin and end. It says constructions program for 2006 with funding split in 2006 and 2007, so it could end and would end likely in 2007. Our 2007 calendar year starts in September or October 1, 2006. Donnell: Okay, thank you. Rountree: Mr. President, I have a question for staff. Would you speak to the comment that was made that the Transportation Management Plan didn't address issues at Fairview and Main and a[so speak to the concept that Mr. Allison proposed if you would? Siddoway: I will begin and then turn some time over to Terry. The Plan did go up to and include the intersections at Main and Fairview and Meridian and Fairview. It was looked at in terms of level of service and delay comparisons at those intersections and total delay for the corridor. What it did not do is go beyond the intersection to bring the couplet back together, but it did include those specific intersections in the analysis. Terry Little: I would just add a question with respect to Franklin and Meridian, which does show up as a level service "f' under the widened Meridian concept. I think that the issue was that the amount of traffic would exceed the ability - your normal ability to handle intersection with double "f' turns. You can't make a triple <' Meridian City Council Special Meeting July 26, 2005 Page 17 of 30 "f' turn onto a five lane street because traffic turns don't have any place to go and it was the maximum conventional build out, I believe, is what the consultant used in there and came up with a delay of 92.5 seconds, which the capacity or the level service "f', "e,f' line is 80 seconds. So, it wasn't beyond measure - sometimes the computer will tell us. That compared with split corridor of 23.6 at the same intersection delay and 20.7 at the one-way couplet verses 92.5, so there might have been some tweaks to get it down to an 80 maximum capacity of level service "e", but it was four times the delay of the other two alternatives at that intersection. Rountree: Mr. President. Wardle: Mr. Rountree. Rountree: Follow up. Other comments were made about the difficulty with southbound traffic on Main Street making the move to get to Meridian to leave town. Siddoway: I will start with that. There are - as Main Street comes to downtown, there is three lanes in the couplet. The right most lane continues straight north, two lanes peel off to join Meridian Road. If you were coming southbound Main Street and reached this juncture, you would have to cross one lane of traffic, get in the left hand lane and continue south that direction. However, if your downtown destination is further north, you got to remember there are roads, east- west roads about every 300 hundred feet in the downtown area that could get people from the dowl'ltown Main Street over to Meridian Road and south as well as an option. It's not as direct. Bird: Mr. President. Wardle: Mr. Bird. Bird: Under that, Mr. Siddoway, you are going to have stoplights at all the cross streets there like at - so that the people can get across five lanes? Siddoway: Not at all, then but the plan does propose that we look at at least one additional one. There would have to be some provision for that traffic to get over to Meridian Road and make that southbound movement. Donnell: Mr. President. Wardle: Ms. Donnell. Donnell: Steve, I still am having a really hard time in my mind thinking how that is going to work at Fairview and Main Street. So, would you just walk me through that again, please? Let's just say that - since I am one of those people is Meridian City Council Special Meeting July 26, 2005 Page 18 of30 clogging up the roads as I come from any place east and I get off the Interstate and I want to get to Cherry Lane, so that I can head west. So, tell me how I am going to do this. Siddoway: We have two options. The primary route for the through-traffic would be to be on the one-way couplet and it would come over to the Meridian Road and would just continue north or you would hit the intersection. The intersections on both Main and Meridian between Fairview and the railroad tracks are two-way streets. Main Street, you specifically asked about Main - Fairview intersection? It is unchanged from what it is today in this alternative. You can see these pullouts show graphically what the different road segments look like. So, there is a center turn lane, one lane of each direction and on street parking in downtown. That is what you have today and as you continued north on Main Street and hit the intersection at Fairview it would look very much like it does today. The Meridian - Fairview intersection would also be the same in that it is two-way, but the main change is that Meridian becomes five lanes, where it is currently just a two-lane facility. Donnell: Thank you. Wardle: Council? Again we have a number of options and certainly have had excellent public testimony and we are, however, past our point in hour for this meeting. Rountree: Mr. President. Wardle: Mr. Rountree. Rountree: I would move that we close public hearing on this item. Bird: Second. Wardle: It's been moved and seconded to close public hearing on Item NO.3. All in favor? Opposed? THREE AYES. ONE NAY. MOTION CARRIED. Rountree: First interested in what Chris is after. You have a question? Donnell: Mr. President. Wardle: Ms. Donnell. Donnell: Mr. Rountree, not after anything. Only that I am just extremely compromised in my own mind about what is the right way to go and the more information I get the better. I know, we have studied it to death, but frankly I I Meridian City Council Special Meeting July 26, 2005 Page 19 of 30 haven't paid much attention to it until the last couple of years when I am trying to drive through town here. So, I really just enjoy getting more and more information, but I was out-voted, so that's okay. I have been out-voted before. Bird: Well, did you want to continue it the public hearing? Is that what I am hearing? Donnell: Well, certainly not this evening and I am going to bring all these people Bird: Well, I mean to a certain date? Donnell: I know that is just going to make everybody- Bird: I have waited eight years to vote on it, so what's another month? Rountree: I voted on it once a long time ago. Donnell: You can tell I am the newest Council member, that's for sure. Wardle: I haven't voted on it yet, either. Donnell: Okay two of us- Mayor: I haven't voted on it yet, either. Donnell: Oh, three of us, okay. I know that our staff and ACHD - you have done a great job and plenty of nights and lots of hearings and public meetings and oh my goodness, I don't want to have to put you through more of this, but here we go. I am not going to make a motion. Wardle: Ms. Donnell, if you do have, certainly, requests for more information is something that, you need, we could accommodate, however, I would ask that if you have some specific questions that you would like to ask either of staff or of the public that could be addressed rather than re-opening an entire public hearing, we could set a time for either at our next Pre-Council agenda at the presented request. Bird: Shaun, you could re-open that if you want to and if Christine feels she would like something like that, I would be in favor of that. Donnell: Excuse me, Mr. President. Wardle: Ms. Donnell. (' Meridian City Council Specia"iMeeting July 26,2005 Page 20 of 30 Donnell: I hate to drag it on. I keep asking all the questions and I guess I just can't get it solidified in my mind and maybe I just have to sleep on it or something or drive it a lot more, I don't know. But, I have all the questions about the Ten Mile Interchange because I really feel like that is going to come sooner than perhaps many of us - might be dead by the time it gets here, but hopefully not, I think it's coming sooner than that. I think that the Mayor has really been working hard with ITD and to make that happen and the Locust Grove Interchange - Wardle: -- Overpass. Donnell: I mean overpass, sorry. I knew that too. But, Council I don't know that I have any other questions. I think I pretty much have in my mind what - how it will work, if it works. Does that make any sense? Mayor: Uh huh. Donnell: So, I don't know that it would do any good to continue with public testimony. Don't give them my phone number. Just whatever the Council wants to do. Mayor: Mr. President. Wardle: Madame Mayor. Mayor: I guess I have a couple of things. First, we have heard the Ten Mile mentioned several times tonight and it will help relieve it. It's not going to relieve the traffic numbers long enough. We have to plan for the future and we have to make a decision of the property owners, businesses, the future way of flowing our traffic needs to know what's going to happen, so we do need to get on with it and I guess I have a vote only if you tie. I would ask that everyone here be reminded that we have a public commenting period going on right now on our long range planning. The Ten Mile Interchange is on that document, both for the transportation improvement plan that is accepting public comment through COMPASS and also through the State Transportation Department called the STIP and they are looking for public comment. Please comment. Please comment on the Ten Mile. The more comments you give them, the more they see the community support and certainly we need to continue to provide our comment on how important that is to our community. I don't think it's going to relieve the traffic on Main and Meridian and I will give you my little spill and then I will shut up and then you guys can vote. I hope. Bird: We haven't had a motion. Mayor: Well, I know, but okay, make a motion. I grew up in a community that had one-ways and it killed the downtown. It killed the downtown businesses, it killed the residential around there. While certainly they have plenty of opportunity ( Meridian City Council Special Meeting July 26,2005 Page 21 of 30 to drive because the cars were just through-cars, there wasn't any "to" to go to. They died. It is slowly 30 years later coming back, but it will never be the vibrant downtown that it once was. We need to keep the majority of that traffic off. I know that various people have offered testimony today and I agree with the a little bit of all of them. One thing I do know is they will work with area businesses. They will work with the area property owners. The woman from Star who had some property on there, they will work with you. The Hungry Onion - I know the Farmer's & Merchants building was also in that same film and unfortunately it will be torn down in a couple of years when - as was a condition on the new Farmer's & Merchants going up. But, it will be worked through and I think the statement was made that not everyone is going to be happy, but no one is happy not making a decision at this point. I think that the split corridor presents an opportunity for an excellent gateway into downtown in setting a vision and setting what the priorities of our community is and taking that traffic, that intense traffic off of Main Street will open up potential and possibilities for a vibrant pedestrian- oriented downtown, where families and people can come and gather and socialize and where businesses can thrive without having to compete against the number of cars going through that downtown. So, I see the split corridor as a compromise. It does offer a vision, a potential gateway into a downtown that we hope and we plan for with the Urban Renewal Agency to be vibrant and to redevelop and to be something that Meridian citizens are proud of. I don't think a one-way is going to accomplish that. Bird: Mr. President. Wardle: Mr. Bird. Bird: I will stand up for the one-way for a little bit and I am not 100 percent behind it, but Boise definitely wasn't hurt by one-way traffic, in fact, I think it helped the downtown there. Their dead downtown was other problems, not one- way traffic. I have never known a city that has went down. Bend, Oregon has got a lot of one-way streets right now and they are a very vibrant, growing community. I think this is something - I disagree with some people. I think that Ten Mile is going to take a lot of our traffic out of Meridian. I think all your west people, your Cherry Lane, your Rich Towers, all those people are going to get off there. I think Locust Grove Overpass is going to alleviate a lot of downtown traffic. Sure we want traffic to come to downtown and hopefully one of these days we will have a downtown that encourages people to come down and be for pedestrians and walk around the downtown area. So I don't think one-way either makes your city or takes it down. That's alii can say. Mayor: Just a follow up. I don't want to debate Mr. Bird. Bird: I don't want to either. ( Meridian City Council Special Meeting July 26, 2005 Page 22 of 30 Mayor: We love to debate, though. The difference between Meridian and Boise is that we only have two options. We only have two roads and that's what we found in Moscow is they have three and Boise has many. Their main roads that are one-way that carry the traffic do not have pedestrian-friendly businesses. Those are auto-oriented. Bird: I didn't know you were talking about Moscow. Mayor: Of course I was. That's where I grew up. Okay, just because your mind is made up. Bird: They want to go through on Saturdays in the fall. Mayor: Some of us actually lived there and didn't go to school. But anyway, I think that the disadvantage that Meridian has is that we do not have too many roads that go through it. So, we are limited by that. You do not see the amount of traffic that we have on both Main and Meridian right now on those interior Boise one-way streets. You see the majority of that traffic going through on Myrtle and Front and so I guess that's my only comment. We have a great benefit in developing a downtown because of the limited roads and it also poses a huge problem. I guess one final thing I would state is I don't think that on the one-way corridor, we have really considered what happens when you get that one-way traffic to Fairview and I know they have said right now they can handle it with just the lights, but I think you are going to have to straighten that and merge it into Meridian and take out a corner of a shopping center. So, that could be an expensive adventure eventually as well. Bird: Mr. President. Wardle: Mr. Bird. Bird: Mr. Little, how much of that estimate was Waltman? Wasn't it a couple 3 million or something out of each one of those? Terry Little: It was a large amount. Bird: And it is not because the one-way was, I think, stated at 8.1 or something like that? Rountree: Mr. President I would think we would need re-open the hearing to continue to dialogue with the staff. Bird: Oh yeah, I am asking to- Rountree: -- and the maker of the previous motion would - ( Meridian City Council Special Meeting July 26, 2005 Page 23 of 30 Bird: Second to agree. Wardle: Second would agree - with or withdraw- Bird: To re-open. Wardle: Public Hearing Item No.3 for question from staff. Mr. Little if you could respond to Mr. Bird's question? Terry Little: I am taking from my partner here that I am thinking it was around 3 or 3.5 million. It was a large part of it and the cost of the couplet was the three lane, the sidewalks, drainage and those kind of things are where we are at. Bird: And a lot of right-of-way on Meridian Road, right? Terry Little: Some right-of-way, yes, on Meridian Road. Bird: How much right-of-way do we have to purchase in one-way on Meridian Road? Terry Little: This is south of - part of south of Pine, mostly wasn't it? Bird: You just stand to three aren't you? Siddoway: The couplet used a typical 57-foot right-of-way section. The right-of- way through the area varies quite a bit. Some of Meridian Road is three lanes, a large portion of it from Fairview down to - well pretty much all the way to Franklin is two-lanes and doesn't have a center turn currently. So, there is some additional right-of-way needs there, although, there is some more right-of-way than there is asphalt. But, there would be some additional right-of-way needs along Meridian Road. I don't believe there is additional right-of-way needs along Main; downtown they would use the existing right-of-way and there is minimal right-of-way needs and then the curbing, gutters, sidewalks and storm water that would be - Bird: And then the couplet on Meridian Road you would basically if you took from the west side would be taken half a block all the way down - am I not right? Siddoway: For the couplet or for the split corridor? Bird: For the split corridor or - Siddoway: Yeah, the ACHD looked at both the east side and the west side options for right-of-way acquisition and it was determined that the west side would be about 1.5 million cheaper. We also started off looking at a standard ACHD section of 96 feet for a five-lane road that did impact nearly every property ( Meridian City Council Special Meeting July 26, 2005 Page 24 of 30 along the west side of Meridian Road. We then decided because of that to look at a constrained section along Meridian Road of 80 feet, which is what the recent improvements along Franklin Road are. That's an 80-foot right-of-way section and I believe those ended up impacting about a third of the properties on the west side. Bird: Thank you guys, very much. But, one other question. Follow up please. Wardle: Mr. Bird. Bird: Waltman is in the plans regardless of which way this goes, am I not right? Terry Little: Waltman was in the program that was taken out and everything that was reprogrammed will have to be re-inserted - whatever goes in because there is nothing in right now. It was - Phase one was built, Phase two was just reprogrammed with other projects. Bird: Thank you, Terry. Siddoway: Mr. Chairman, I would add to that for Mr. Bird. We did try to address Waltman Lane with all three options. The option that you've seen here is the same under the one-way couplet and the split corridor. The five-lane Meridian Road would have a different configuration with Main Street "t-ing" in north of this intersection. Bird: Thank you, Steve. Rountree: Mr. President. Wardle: Mr. Rountree. Rountree: Terry, I just have conferred with legal counsel and need to ask this question. Would there be a possibility that federal highway dollars would be used to construct this? Terry Little: That's a possibility. One of the major sticking points has been the issue of the NEPA process the National Environmental Policy Act tends to want you to start over almost, historically. For instance, the Three Cities River Crossing over there between Eagle and Glenwood, we had to basically throw away all of our prior bench valley study and start looking at alternatives. I understand there has been a decision within this last spring that attempts to marry the planning process that's already been done with the federal aid process. If that is the case, this would be more feasible to potentially be funded with federal aid, but otherwise they say you start with a blank sheet of paper, almost in terms of prior planning and have to go through all of it for environmental ( Meridian City Council Special Meeting July 26, 2005 Page 25 of 30 analysis and so forth and I don't think anybody wants to try that. But, this latest decision may make this feasible. I don't have any more information on that. Rountree: Mr. President with that response, although I was hoping it was going to be "no" I am going to have to declare a potential conflict. Mayor: Well, there goes my opportunity. Wardle: No tie vote for the Mayor. (Inaudible discussion) Wardle: Council, again, we have an open public hearing, Ms. Donnell if you have a request for more information, this would be the time to potentially make that. Donnell: No, Mr. President, I move that we close public hearing. Bird: Second. Wardle: It's been moved and seconded to close the Public Hearing on Item No. 3. All in favor? Opposed? THREE AYES. ONE ABSTENTION, Mr. Rountree. MOTION CARRIED. (Inaudible discussion) Wardle: Again, let me review our options at this later hour in our meeting. We have the opportunity to make this decision this evening with a motion from the Council. Our next available meeting, if it were to be pushed out is August 9th. Mayor: Mr. President. Wardle: Madame Mayor. Mayor: I guess we do want to make a decision if we are going to make one this year because ACHD is starting their CIP process, their five year work program and we do hope to get this in that, so we need to bring a recommendation forward to ACHD so we can have it considered for that five-year work plan, otherwise I guess you bought another year. Wardle: I will take this opportunity just to make my personal comment as far as decision making and having not voted on this, having been recently elected to the Council, I see this as an opportunity to put into place a decision that could have been made a while ago, could have solved some problems and certainly has been studied in nearly every possible manner and I think that the community as well as staff and the other partner agencies have done an excellent job Meridian City Council SpeciallVleeting July 26,2005 Page 26 of 30 bringing as much information as possible for us to make a decision in which was really a recommendation if we all remember correctly, a recommendation to the Ada County Highway District. With that, I will move that the Meridian City Council recommend to the Ada County Highway District that we choose the split corridor,option for our Downtown Meridian Transportation Management Plan. Donnell: I will second. Wardle: Discussion? Donnell: Comment? Wardle: You bet. Donnell: I have talked to a lot of the folks about the options and we all have strong opinions about what may be will be the best, but doing nothing is absolutely the worst thing that we can do and I think we need to move ahead. I am not sure that the split corridor is the best. I don't like one-way streets, frankly, and I certainly am not in favor of doing nothing, so with that I just wanted to make that comment. I hope I can still come and have prime rib and Kahootz and get a hamburger at the Hungry Onion because I like both those places a whole lot, so - and I will get there one way or the other. So, that is my second. Wardle: The reason for my motion and subsequent is that I feel the community has invested in this process. The community has selected this option through a number of public hearing, public input processes - my greatest concern and my reluctancy for this vote is that this option currently as proposed is 11.6 million dollars verses the 8.1 million dollars for a one-way couplet system. That is the only reluctance in which I will vote in the affirmative for this motion. Having said that, would we like a roll call vote? Bird: Let's go. Wardle: Mr. Berg, roll call vote. Berg: Thank you Mr. President, members of the Council roll call vote: Wardle, aye; Donnell, aye; Bird, nay and Rountree abstain. Wardle: Motion passes in the affirmative. Thank you very much everyone for providing your input. Bird: Mr. President, I move that we continue the Item NO.4 for a date certain. Canning: Sir, may I make a brief comment before you do that? (i Meridian City Council SpeciallVleeting July 26, 2005 Page 27 of 30 Wardle: Before we do that, I will direct legal staff to bring forward our decision in a resolution on Item No.3, please for our decision and confirmation on August 9th. Anna, a brief comment before I move to change prerogative on Item 4? Canning: On Item 2? Or is it 4? I am sorry. There are a number of people here who have sat and waited through the previous hearing to testify. I would suggest maybe a very brief presentation by staff, no more than five minutes just to explain the materials that I have given you. You could take the testimony and then continue the hearing. I am certainly not expecting a decision tonight. What I would suggest is that you do set it over to a date certain and direct staff to prepare an ordinance for first reading that would be available or that would be on the agenda the same night as your continued hearing. Wardle: Anna a question I have is that is it your understanding that the individuals here tonight have some prepared statements? Canning: Most of them have submitted statements in written form or I'll have conversed with them. I don't anticipate anyone to have lengthy testimony of the folks that I know that are here. Wardle: My question is could we forego staff comments, take public comments and continue the public hearing? Canning: Certainly. Wardle: With that, .Council, I will open Item No.4, Public Hearing on the Application for Ordinance for a New Title 11 Unified Development Code - we will forego staff comments, take brief public comments with the intention of continuing our public hearing leaving it open for public comment to a date certain to be decided shortly. Item 4. Public Hearing: Application for an Ordinance for a New Title 11 Unified Development Code replacing I repealing Title 11 Zoning Regulations and Title 12 Subdivision Development of the Meridian City Code: Wardle: If I could invite the first individual to comment on - if you could state your name and address for the record, please. Clair Bowman: Clair Bowman, 4400 W. Legacy Lane, Meridian. I am the administrator for the Urban Renewal Agency, Meridian Development Corporation. Mr. President, members of the Council, Mayor the Uniform Development Code is a wonderful improvement in my estimation over what we worked with in the past. The members of the Meridian Development Corporation have not had an opportunity to act formally on it. I have engaged in a number of discussions with them about several aspects of it. The only aspect, I believe I I Meridian City Council SpeciallVleeting July 26, 2005 Page 28 of 30 would be empowered to comment on this evening has to do with the parking requirements. The code as modified currently has no parking requirements. I lauded that at the beginning because I think developers and landowners, property owners have a better sense than what any of us in the public sector are of what is needed. However, in the downtown area, our ability to use in lieu of parking fees to help construct the parking garage or things like that that might be needed as ancillary parking for businesses simply disappears if you have no parking requirements in there. So, we would - again, I am speaking on individual conversations and I am not acting, not speaking in direct behalf of the board here. The general feeling is that to have a minimum level-parking requirement added back in there for the Old Town area would be a desirable modification. That's alii would have to offer. Other than that, go for it. Wardle: Thank you Mr. Bowman and I believe that is an additional staff recommendation? Canning: Yes, sir and I forgot to get a copy of that to Mr. Bowman. I will send him that. Wardle: Is there anyone further who has prepared testimony for Item NO.4? Mr. Turnbull if you will please state your name and address. David Turnbull: David Turnbull, 12601 W. Explorer Drive. I want to echo a little bit of what Clair said. I worked on the Process Improvement Group putting this thing together and what seems like a fairly routine, simple process can turn into a - there is just so much cross-referencing and reading and thinking about these things that - how long did it take, Anna? Canning: A year and one half. Just about two years, actually. David Turnbull: But you on the Council on that are familiar with than since you have a lot of reading material that you have to go through on a weekly basis. I appreciate the opportunity to comment and I appreciate that it's late in the session, so I am going to defer my comments since you are holding this over to a future date. There are a few things that I would like to go over on with Anna, but on the whole of your adoption of this, I think it's very well put together by Anna and Diane. It reads really well, it's user friendly and it's a huge improvement. I was comparing this to another municipalities proposed revisions just recently and it's night and day, it's a great document. So, I will over the next probably two weeks if that's what your deferral is, I will confer with Anna on a few points and then if I have any other comments I will make them at that time. Thank you. Wardle: Thank you and Mr. Turnbull we would like to thank you for your commitment to the process and to helping that. Thank you for staying with us through the proceeding hearing and I am going to ask if there are any other people that would like to comment? i Meridian City Council Speciallvleeting July 26, 2005 Page 29 of 30 Mayor: Mr. President. Wardle: Madame Mayor. Mayor: I guess I would also like to recognize Mr. McKinnon and Mr. Bailey for their participation as well. I know that a lot of time and dedication went into this and in addition to Mr. Turnbull, they were extremely dedicated to making sure that this was a document that our community would be proud of the end result. I think even on behalf of the Council and the Mayor what it gives our staff is that it empowers them to do their job and that's what we expect of them and I think that this document and the revisions will help accomplish more than just a code update. Wardle: Thank you Madame Mayor with that members I would entertain a motion to - if you could please state your name and address? Sabrina Whitehead: My name is Sabrina Whitehead. I am a land-use planner for WRG design for 53 Fitness Lane, Eagle Idaho. I do have one question. Is this document going to be able to be reviewed by the public before it has become into official ordinance? Mayor: It's online. Wardle: Yes it is and do you have a specific web address Anna? Canning: It's cityofmeridian.org and then go to the Planning Department page and it's right at the top in red. It's not flashing, but just about. It has been posted there since June and you can also get paper copies through the Clerk's Office if need be or you can get a CD copy through the Clerk's Office or through the Planning Department. Sabrina Whitehead: So, this is going to be deferred until two weeks and then public comment, testimony can be placed on it? Wardle: Public testimony will be - and if you could submit those directly to the Clerk's Office they will be included in public record. Sabrina Whitehead: Okay, thank you. Bird: Mr. President. Wardle: Mr. Bird. Bird: I move that we- ( Meridian City Council Speciallv1eeting July 26, 2005 Page 30 of 30 (New Tape) Bird: I move we continue Public Hearing Item No.4 to August 9th at 6:00 P.M. (Speaker unknown): Second. Wardle: It's been moved and seconded to continue Public Hearing Item NO.4 to August 6th, All in favor? Opposed? ALL AYES. MOTION CARRIED. Bird: Mr. President I move that we adjourn the City Council Special Meeting. Donnell: Second. Wardle: It's been moved and seconded to adjourn the City Council Special Meeting. All in favor? Opposed? ALL AYES. MOTION CARRIED. MEETING ADJOURNED AT 7:30 P.M. (TAPE ON FILE OF THESE PROCEEDINGS) APPROVED: /01 1-1 05 DATE APPROVED Revised 7-26-05 CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, July 26,2005 at 7:00 P.M. City Council Chambers 33 East Idaho Avenue, Meridian, Idaho 1. Roll-call Attendance: ~ Shaun Wardle ~ Christine Donnell ~ Charlie Rountree ~ Keith Bird ~ Mayor Tammy de Weerd 2. Pledge of Allegiance: John Jackson Boy Scout Troup 62 3. Community Invocation by Pastor Craig Flinn, with Meridian Alliance Church: 4. Adoption of the Agenda: Approve 5. Consent Agenda: A. Approve Minutes of June 21, 2005 City Council Regular Meeting: Approve B. Approve Minutes of June 7, 2005 City Council Regular Meeting: Approve C. Approve Minutes of June 28, 2005 City Council Regular Meeting: Approve D. Findings of Fact and Conclusions of Law for Approval: AZ 05- 007 Request for Annexation and Zoning of 43.18 acres from RUT to R-8 zone for Bellinaham Park Subdivision by Gemstar Development, LLC - north of Amity Road and east of South Locust Grove Road: Approve E. Findings of Fact and Conclusions of Law for Approval: PP 05- 009 Request for Preliminary Plat approval of 166 building lots and 37 common lots on 43.18 acres in a proposed R-8 zone for Bellinqham Park Subdivision by Gemstar Development, LLC - north of Amity Road and east of South Locust Grove Road: Approve Meridian City Council Meeting Agenda - July 26,2005 Page 1 of 7 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Revised 7-26-05 F. Findings of Fact and Conclusions of Law for Approval: CUP 05-008 Request for a Planned Development consisting of 166 residential units with reductions to the minimum requirements for lot size, street frontage and yard setbacks for Bellinqham Park Subdivision by Gemstar Development, LLC - north of Amity Road and east of South Locust Grove Road: Approve 8-G. Findings of Fact and Conclusions of Law for Approval: AZ 05- 017 Request for Annexation and Zoning of 137.96 acres from RUT to R-8 zone for Messina Meadows Subdivision by Tuscany Development, Inc. - on South Eagle Road between East Victory Road and East Amity Road: Approve 8-H. Findings of Fact and Conclusions of Law for Approval: PP 05- 019 Request for Preliminary Plat approval of 491 building lots and 67 other lots on 136.72 acres in a proposed R-8 zone for Messina Meadows Subdivision by Tuscany Development, Inc. - on South Eagle Road between East Victory Road and East Amity Road: Approve 8-1. Findings of Fact and Conclusions of Law for Approval: CUP 05-026 Request for a Conditional Use Permit for a Planned Development for single-family detached residential building units and single-family attached patio homes in a proposed R-8 zone for Messina Meadows Subdivision by Tuscany Development, Inc. - on South Eagle Road between East Victory Road and East Amity Road: Approve J. Award of Bid for Well No. 26 Pumoina Facilities to Star Construction. LLC: Approve K. Water Main Easement Aqreement for Park's Westside Bodv Works bv Tim Wallace: Approve L. Water Main Easement Aareement for Waltman Court Subdivision: Approve M. Water Main Easement Aareement for Ustick Marketplace. LLC: Approve N. Purchase Aareement and Permanent Easement Aareement with Ada County Hiqhwav District for Eaale Road. Victory to Ridenbauqh: Approve Meridian City Council Meeting Agenda - July 26,2005 Page 2 of 7 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Revised 7-26-05 O. Development. Reimbursement and Convevance Aqreement for Champion Park: Approve P. Award of Bid for 2005 Sewer Cleaninq I TV Inspection Proiect to Pipeline Inspection Services: Approve Q. ConsultinQ Aareement and Scope of Work with Washinaton Group International for North Meridian Area Traffic StudY: Approve R. Aareement for Pretreatment Proaram Modifications with CH2M HILL: Approve Application S. Aqreement for On-Goina Consultation to Water Department with Hvdro Loaic: Approve T. Aareement for Municipal Water Riqhts Proiect with Hydro Loaic. Inc.: Approve U. Aareement for Suoplv Well # 27 Professional Services with Hvdro Loqic. Inc.: Approve V. Aareement for Ground Water Studies with Hydro Loaic. Inc.: Approve W. Aareerilent for Suooly Well Evaluations with Hvdro Loaic. Inc.: Approve X. Reauest for Funds No.3 for Meridian Sr. Center Rehabilitation Proiect ICDBG 04-111-01-SR: Approve Y. Development Agreement: AZ 04-033 Annexation and Zoning of 15.92 acres from C-2 and RUT zones to C-G zone for Stor-It by Avest LP - 355 North Ten Mile Road: Approve Z. Development Agreement: AZ 05-008 Annexation and Zoning of 41.27 acres from RUT to R-4 for a new middle school for McMillan and Meridian Middle School by Joint School District No.2 - NEC of McMillan and Meridian Roads: Approve AA. Aporove Beer and Wine Licenses for Pier 49 Pizza -1551 West Cherry Lane #102: Approve BB. Resolution No. 05-480 Setting Forth Certain Findings and Purposes Authorizing the Sale of Surplus Property at Public Auction; Authorizing the Mayor of the City Meridian City Council Meeting Agenda - July 26,2005 Page 3 of 7 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the publiC meeting. Revised 7-26-05 of Meridian to Sell Surplus Property Located on Lot 63. Block 14 in Thousand Sprinos Subdivision No.5: Approve CC. Resolution No. 05M481 Declarina the Intent of the City of Meridian to Convey to the Meridian Development Corooration Certain Real Property Located at 55 East Broadwav Avenue in the Citv of Meridian and Leaally Described as Lots 20 and 21 of Block 1 of the Meridian Townsite: Instructino the Citv Clerk to Establish and Notice a Hearina to Review the Proposed Conveyance: Approve 6. Department Reports: A. Mayor's Office: 1. Proclamation for Cover the Blue 2005: Read B. Parks and Recreation Department - Doug Strong: 1. Namina of Park Located in Autumn Faire Subdivision: Approve Seasons Neighborhood Park 2. Placement of Western Heritaae Historic Bvwav Sian in Storev Park: Approve 3. Update on Park Development Projects with Kiwanis, Meridian Youth Baseball, Adventure Island Playground, and Police Athletic League by Doug Strong: Approve 1,482,429 Impact Fees 7. (Items Moved from Consent Agenda) 8. Reauest for Reconsideration from Parks Commission reaardina Messina Meadows Subdivision: Approve G, H, I 9. FP 05-043 Request for Final Plat approval for 241 single family residential building lots and 11 common area lots on 72.53 acres in a R-4 zone for Saauaro Canyon Subdivision No.3 by Farwest, LLC - east of North Meridian Road and north of East McMillan Road: Approve 10. FP 05-044 Request for Final Plat approval for 21 single family residential building lots on 6.22 acres in a R-4 zone for Saauaro Canvon Subdivision No.4 by Farwest, LLC - east of North Meridian Road and north of East McMillan Road: Approve 11. FP 05-045 Request for Final Plat approval for 36 single family residential building lots and 5 common area lots on 6.26 acres in a R-8 zone for Meridian City Council Meeting Agenda - July 26, 2005 Page 4 of 7 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Revised 7-26-05 Lyndhurst Grove Subdivision by Land Pro Development, LLC - east of North Ten Mile Road on the north side of West Pine Street: Approve 12. TE 05-007 Request for a One Year Time Extension for CUP 03-048 for Buich Subdivision (aka Cherry Lane Office Park Subdivision) by Pinnacle Engineers, Inc. - 2150 Cherry Lane: Approve "Although the City of Meridian no longer requires sworn testimony, all presentations before the Mayor and City Council are expected to be truthful and honest to best of the ability of the presenter. " 13. Public Hearing: PFP 05-003 Request for Preliminary Final Plat approval for 2 building lots on 1.84 acres in a I-L zone for Marce Subdivision by James Wylie - southwest corner of Fairview Avenue and North Eagle Road: Approve Findings of Fact and Conclusions of Law for Approval 14. Public Hearing: PFP 05-002 Request for Preliminary / Final Plat approval for three building lots on 5.93 acres for Monica Subdivision by B2 Investments, LLC - north of West Franklin Road and west of North Linder Road: Approve Findings of Fact and Conclusions of Law for Approval 15. Public Hearing: VAR 05-011 Request for a Variance to allow a second free-standing monument sign on the same street frontage for Ki.n9. Electric Sians for King Electric Signs - 2200 South Cobalt Pointe Way: Approve 16. Public Hearing: AZ 05-016 Request for Annexation and Zoning of 28.65 acres from RUT to R-15 and L-O zones for Silver Oaks Subdivision by Charter Builders, Inc. - north of West Franklin Road and west of North Ten Mile Road: Deny Request - Prepare Order for Denial 17. Public Hearing: CUP 05-024 Request for a Conditional Use Permit for a Planned Development for multi-family / clubhouse / office I daycare development with no minimum street frontage and multiple buildings on a single lot on 28.65 acres in proposed R-15 and L-O zones for Silver Oaks Subdivision by Charter Builders, Inc. - north of West Franklin Road and west of North Ten Mile Road: Deny Request - Prepare Order for Denial 18. Public Hearing: PP 05-023 Request for Preliminary Plat approval for 1 multi-family residential building lot and 1 commercial office lot on 28.6 acres in proposed R-15 & L-O zones for Silver Oaks Subdivision by Conger Management Group - west of Ten Mile Road and north of West Franklin Road: Deny Request - Prepare Order for Denial Meridian City Council Meeting Agenda - July 26, 2005 Page 5 of 7 All materials presented at public meetings shall become property of the City of Meridian. Anyone desIring accommodation for disabilities related to documents and/or hearings please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Revised 7-26-05 19. Public Hearing: AZ 05-023 Request for Annexation and Zoning of 39.47 acres from RUT to C-N zone for Cherrv Lane Christian Church by BRS Architects - NWC of Ten Mile Road and Franklin Road: Approve Prepare Findings of Fact and Conclusions of Law for Approval 20. Public Hearing: RZ 05-007 Request for a Rezone of .13 acres from R-8 zone to 0- T zone for Meridian Counselina & Wellness Center by Ruth & Jeff Ulmer - 934 East 5th Street Approve Findings of Fact and Conclusions of Law for Approval 21. Public Hearing: CUP 05-028 Request for a Conditional Use Permit for a counseling and massage therapy center in a proposed 0- T zone for Meridian Counselina & Wellness Center by Ruth & Jeff Ulmer - 934 East 5th Street Approve Findings of Fact and Conclusions of Law for Approval 22. Public Hearing: PP 05-022 Request for Preliminary Plat approval of 4 building lots and 1 common lot on 1.74 acres in a L-Q zone for Woodoenn Subdivision by Pennwood III, LLC - 429 SW 5th Avenue: Approve Findings of Fact and Conclusions of Law for Approval 23. Public Hearing: CUP 05-030 Request for a Conditional Use Permit for a commercial Planned Development on 1.74 acres in a L-O zone for Woodoenn Subdivision by Pennwood III, LLC - 429 SW 5th Avenue: Approve Findings of Fact and Conclusions of Law for Approval 24. Public Hearing: AZ 05-018 Request for Annexation and Zoning of 29.18 acres to R-4, R-8 & R-15 zones for Westborouqh Sauare Subdivision by JLJ Enterprises, Inc. - SEC of Jericho Road and Chinden Boulevard: Approve - Prepare Findings of Fact and Conclusions of Law for Approval 25. Public Hearing: PP 05-020 Request for Preliminary Plat approval for 7 building lots and 1 common lot on 5.39 acres in a proposed R-15 zone for Westborouah Sauare Subdivision by JLJ Enterprises, Inc. - SEC of Jericho Road and Chinden Boulevard: Approve - Prepare Findings of Fact and Conclusions of Law for Approval 26. Public Hearing: CUP 05-027 Request for Conditional Use Permit / Planned Development approval of a mixed-use development consisting of 10 multi-family buildings and 6 office buildings with multiple buildings on a single lot and a waiver of the street frontage requirement in a proposed R- 15 zone for Westborouah Sauare Subdivision by JLJ Enterprises, Inc. - SEC of Jericho Road and Chin den Boulevard: Approve - Prepare Findings of Fact and Conclusions of Law for Approval Meridian City Council Meeting Agenda - July 26,2005 Page 6 of 7 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Revised 7-26-05 27. Ordinance No. 05-1167 AZ 05-014 Request for an Annexation and Zoning of 19.72 acres from RUT to a R-8 zone for Sicily Subdivision by Landmark Engineering and Planning - south of East Victory Road and west of South Locust Grove Road: Approve 28. Ordinance No. 05-1168 : AZ 05-022 Request for Annexation and Zoning of 1.3 acres from RUT to L-O zone for Touchmark Subdivision by Touchmark of the Treasure Valley - south of East Franklin Road and east of South Eagle Road: Approve 29. Ordinance No. 05-1169 : AZ 05-008 Request for an Annexation and Zoning of 41.27 acres from RUT to R-4 for a new middle school for McMillan and Meridian Middle School by Joint School District NO.2 - NEe of McMillan and Meridian Roads: Approve Meridian City Council Meeting Agenda - July 26, 2005 Page 7 of 7 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Revised 7-26-05 CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, July 26,2005 at 7:00 P.M. City Council Chambers 33 East Idaho Avenue, Meridian, Idaho 1. Roll-call Attendance: ~ Shaun Wardle ~ Charlie Rountree ~ Christine Donnell >c Keith Bird -L Mayor Tammy de Weerd Jt,Mt.- ;JtU;kJ(f)V &Ij .r~rh141~ 62-... 2. Pledge of Allegiance: 3. Community Invocation by Pastor Craig Flinn, with Meridian Alliance Church: 4. Adoption of the Agenda: ~f/\(.; 5. Consent Agenda: A. Approve Minutes of June 21, 2005 City Council Regular Meeting: tfi/J'~cr<- B. Approve Minutes of June 7, 2005 City Council Regular Meeting: ~vt<-/ C. Approve Minutes of June 28, 2005 City Council Regular Meeting: P/f?r'ofILV D. Findings of Fact and Conclusions of Law for Approval: AZ 05- 007 Request for Annexation and Zoning of 43.18 acres from RUT to R-8 zone for Bellinoham Park Subdivision by Gemstar Development, LLC - north of Amity Road and east of South Locust Grove Road: ~I/V"f/ E. Findings of Fact and Conclusions of Law for Approval: PP 05- 009 Request for Preliminary Plat approval of 166 building lots and 37 common lots on 43.18 acres in a proposed R-8 zone for Bellinaham Park Subdivision by Gemstar Development, LLC _ north of Amity Road and east of South Locust Grove Road: ~~ F. Findings of Fact and Conclusions of Law for Approval: CUP 05-008 Request for a Planned Development consisting of 166 residential units with reductions to the minimum requirements for lot Meridian City Council Meeting Agenda - July 26, 2005 Page 1 of 6 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. ~- G. p- H. g- I. Revised 7-26-05 J. size, street frontage and yard setbacks for Bellinaham Park Subdivision by Gemstar Development, LLC - north of Amity Road and east of South Locust Grove Road: ~~ Findings of Fact and Conclusions of Law for Approval: AZ 05- 017 Request for Annexation and Zoning of 137.96 acres from RUT to R-8 zone for Messina Meadows Subdivision by Tuscany Development, Inc. - on South Eagle Road between East Victory Road and East Amity Road: ~V\.(.., Findings of Fact and Conclusions of Law for Approval: PP 05- 019 Request for Preliminary Plat approval of 491 building lots and 67 other lots on 136.72 acres in a proposed R-8 zone for Messina Meadows Subdivision by Tuscany Development, Inc. - on South Eagle Road between East Victory Road and East Amity Road: ~V7R....- Findings of Fact and Conclusions of Law for Approval: CUP 05-026 Request for a Conditional Use Permit for a Planned Development for single-family detached residential building units and single-family attached patio homes in a proposed R-8 zone for Messina Meadows Subdivision by Tuscany Development, Inc. _ on South Eagle Road between East Victory Road and East Amity Road: "? p 1"'() v<.- Award of Bid for Well No. 26 Pumpina Facilities to Star Construction. LLC: apj?nP1/'<.-; K. Water Main Easement Aqreement for Park's Westside Bodv Works bv Tim Wallace: ~lM../ L. Water Main Easement Aareement for Waltman Court Subdivision: t'lfJrlA<- M. Water Main Easement Aqreement for Ustick Marketolace. LLC: w{'jOY1?/I"'-C- N. Purchase Aareement and Permanent Easement Aareement with Ada County Hiahway District for Eaale Road. Victory to Ridenbauah: ap~vu-- O. Develooment. Reimbursement and Convevance Aareement for Champion Park: o/jDYiJ~ P. Award of Bid for 2005 Sewer Cleanina I TV Inspection Proiect to Pioeline InslJection Services: ap~(/\.<../ Meridian City Council Meeting Agenda - July 26, 2005 Page 2 of 6 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Revised 7-26-05 Q. Consultina Aareement and Scope of Work with Washinaton Group International for North Meridian Area Traffic Studv: WPfivv~ R. Aareement for Pretreatment Proaram Modifications with CH2M HILL: ~~ S. Aareement for On-Goina Consultation to Water Department with Hvdro Loaic: ~~ Application T. Aareement for Municipal Water Riahts Proiect with HYdro Loaic. Inc.: arprQ~ U. Aareement for Supplv Well # 27 Professional Services with Hydro Loaic. Inc.: aprrr;vr.e- V. Aareement for Ground Water Studies with Hydro Loaic. Inc.: ~&>~ W. Aareement for Supoly Well Evaluations with Hydro Loaic. Inc.: ~vr-<.-' X. Reauest for Funds No.3 for Meridian Sr. Center Rehabilitation Proiect ICDBG 04-111-01wSR: ~v-.v Y. Development Agreement: AZ 04-033 Annexation and Zoning of 15.92 acres from C-2 and RUT zones to C-G zone for Stor-It by Avest Lp - 355 North Ten Mile Road: ~~ Z. Development Agreement: AZ 05-008 Annexation and Zoning of 41.27 acres from RUT to R-4 for a new middle school for McMillan and Meridian Middle School by Joint School District No. 2 - NEC of McMillan and Meridian Roads: NfJ)'YVlI-V AA. Aoprove Beer and Wine Licenses for Pier 49 Pizza - 1551 West Cherry Lane #1 02: ~N'-"'f- BB. Resolution No. tJf) - 1-B 0 Setting Forth Certain Findings and Purposes Authorizing the Sale of Surplus Property at Public Auction; Authorizing the Mayor of the City of Meridian to Sell Surplus Property Located on Lot 63. Block 14 in Thousand Sprinas Subdivision No. 5: ,e.~~ CC. Resolution No. I) 5' - 1- 9 I : Declarina the Intent of the Citv of Meridian to Convev to the Meridian Development Corporation Certain Real Propertv Located at 55 East Broadway Avenue in the City of Meridian and Leaallv Described as Lots 20 and 21 of Block 1 of the Meridian Meridian City Council Meeting Agenda - July 26, 2005 Page 3 of 6 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 feast 48 hours prior to the public meeting. Revised 7-26-05 Townsite: InstructinQ the City Clerk to Establish and Notice a Hearina to Review the ProDosed Conveyance: ~v-<..- 6. Department Reports: A. Mayor's Office: 1. Proclamation for Cover the Blue 2005: rea. cL B. Parks and Recreation Department - Doug Strong: 1. 2. in 3. Update on Park Development Projects with Kiwanis, Meridian Youth Baseball, Adventure Island Playground, and Police Athletic League by Doug Strong: .wp,rrvV'<..J r~_ 4t 11746, !i" '35" /h--pt1.&l--t-ooJ 7. (Items Moved from Consent Agenda) 8. Reauest for Reconsideration from Parks Commission reaardina Messina Meadows Subdivision: .vf'/'T"V--<- G, ~ .r 9. FP 05-043 Request for Final Plat approval for 241 single family residential building lots and 11 common area lots on 72.53 acres in a R-4 zone for Saauaro Canyon Subdivision No.3 by Farwest, LLC - east of North Meridian Road and north of East McMillan Road: apr-"V'<- 10. FP 05-044 Request for Final Plat approval for 21 single family residential building lots on 6.22 acres in a R-4 zone for Saauaro Canyon Subdivision No.4 by Farwest, LLC - east of North Meridian Road and north of East McMillan Road: &VJ7jlY"Ov<.- 11. FP 05-045 Request for Final Plat approval for 36 single family residential building lots and 5 common area lots on 6.26 acres in a R-8 zone for Lyndhurst Grove Subdivision by Land Pro Development, LLC - east of North Ten Mile Road on the north side of West Pine Street: a-~r~ 12. TE 05-007 Request for a One Year Time Extension for CUP 03-048 for Buich Subdivision (aka Cherry Lane Office Park Subdivision> by Pinnacle Engineers, Inc. - 2150 Cherry Lane: a~r~ "Although the City of Meridian no longer requires sworn testimony, all presentations before the Mayor and City Council are expected to be truthful and honest to best of the ability of the presenter. " Meridian City Council Meeting Agenda - July 26, 2005 Page 4 of 6 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Revised 7-26-05 13. Public Hearing: PFP 05-003 Request for Preliminary Final Plat approval for 2 building lots on 1.84 acres in a I-L zone for Marce Subdivision by James Wylie - southwest corner of Fairview Avenue and North Eagle Road: dif'pn?v.e. -1'/;:.( e/-t' nrr ~dVa..e 14. Public Hearing: PFP 05-002 Request for Preliminary I Final Plat approval for three building lots on 5.93 acres for Monica Subdivision by 82 Investments, LLC - north of West Franklin Road and west of North Under Road: ap/JI"()ve. .,elF felt ff-r~f4rolrd 15. Public Hearing: VAR 05-011 Request for a Variance to allow a second free-standing monument sign on the same street frontage for !Si..n9. Electric Sians for King Electric Signs - 2200 South Cobalt Pointe Way: t:!?pt't:7V<- 16. Public Hearing: AZ 05-016 Request for Annexation and Zoning of 28.65 acres from RUT to R-15 and L-O zones for Silver Oaks Subdivision by Charter Builders, Inc. - north of West Franklin Road and west of North Ten Mile Road: du,,:J~ULr-t--fJYY.jJ~ ~~r/h-~;-~ 17. Public Hearing: CUP 05-024 Request for a Conditional Use Permit for a Planned Development for multi-family I clubhouse I office I daycare development with no minimum street frontage and multiple buildings on a single lot on 28.65 acres in proposed R-15 and L-O zones for Silver Oaks Subdivision QY Charter Builders, Inc. - north of West Franklin Road and west of North Ten Mile Road: ;rre.p~ crr~ h-r- de-n-f"r:vL. 18. Public Hearing: PP 05-023 Request for Preliminary Plat approval for 1 multi-family residential building lot and 1 commercial office lot on 28.6 acres in proposed R-15 & L-O zones for Silver Oaks Subdivision by Conger Management Group - west of Ten Mile Road and north of West Franklin Road: pne.-p~ th-avv rArr ~~ 19. Public Hearing: AZ 05-023 Request for Annexation and Zoning of 39.47 acres from RUT to C-N zone for Cherrv Lane Christian Church by BRS Architects - NWC of Ten Mile Road and Franklin Road: ~ /J iJ..flprlJV''0 - P"Y</cv..e ./'1 ~ yP el.,e ~ appn;;v~ 20. Public Hearing: RZ 05-007 Request for a Rezone of .13 acres from R-8 zone to O-T zone for Meridian Counselina & Wellness Center by Ruth & Jeff Ulmer- 934 East 5th Street: Il.-~W- /'I+-~ 01..( rh-r ~~ 21. Public Hearing: CUP 05-028 Request for a Conditional Use Permit for a counseling and massage therapy center in a proposed 0- T zone for Meridian Counselina & Wellness Center by Ruth & Jeff Ulmer - 934 East 5th Street: ~~,f/~tc;.U IPr-wp~ Meridian City Council Meeting Agenda - July 26, 2005 Page 5 of 6 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Revised 7-26-05 22. Public Hearing: PP 05-022 Request for Preliminary Plat approval of 4 building lots and 1 common lot on 1.74 acres in a L-O zone for Woodoenn Subdivision by Pennwood III, LLC - 429 SW 5th Avenue: ~.f1 J--f oil f,-v cvPJh1'VI-f. 23. Public Hearing: CUP 05-030 Request for a Conditional Use Permit for a commercial Planned Development on 1.74 acres in a L-Q zone for Woodoenn Subdivision by Pennwood III, LLC - 429 SW 5lh Avenue: ap pn1v!. -I If- f c/ (ffr- Ii?' f1"'N VT..( 24. Public Hearing: AZ 05-018 Request for Annexation and Zoning of 29.18 acres to R-4, R-8 & R-15 zones for Westborouah Sauare Subdivision by JLJ Enterprises, Inc. - SEC of Jerich9 Road and Chinden Boulevard: a fJ/ffol/( - re fJ~ .pI ?I elL r-n-d-f(N7J~ 25. Public Hearing: PP 05-020 Request for Preliminary Plat approval for 7 building lots and 1 common lot on 5.39 acres in a proposed R-15 zone for Westborouah Sauare Subdivision by JLJ Enterprises, Inc. - SEC of Jericho Road and Chinden Bouly'var91 l!. _ ,~~ ~Y'( -~ PtF-tf-vt'.l r;nrr ~I" V' ,,- - 26. Public Hearing: CUP 05-027 Request for Conditional Use Permit I Planned Development approval of a mixed-use development consisting of 10 multi-family buildings and 6 office buildings with multiple buildings on a single lot and a waiver of the street frontage requirement in a proposed R- 15 zone for Westborouah Sauare Subdivision by JLJ Enterprises, Inc. _ SEC of Jericho Road and ChjndeDBouleyardi- __ ~~ ~K - j&Tl4fht""vHrf- (c,/.{ ~ ~ rr)''-. - - 27. Ordinance Nq. t?~ - It 67 : AZ 05-014 Request for an Annexation and Zoning of 19.72 acres from RUT to a R-8 zone for Sicily Subdivision by Landmark Engineering and Planning - south of East Victory Road and west of South Locust Grove Road: ~~ 28. Ordinance No. t) 5" - /16 a AZ 05-022 Request for Annexation and Zoning of 1.3 acres from RUT to L-O zone for Touchmark Subdivision by Touchmark of the Treasure Valley - south of East Franklin Road and east of South Eagle Road: ~.9v.z 29. Ordinance No. Of? - 116 q AZ 05-008 Request for an Annexation and Zoning of 41.27 acres from RUT to R-4 for a new midd Ie school for McMillan and Meridian Middle School by Joint School District NO.2 - NEC of McMillan and Meridian Roads: ~~ Meridian City Council Meeting Agenda - July 26, 2005 Page 6 of 6 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. August 19,2005 MERIDIAN CITY COUNCIL MEETING APPLICANT August 23, 2005 ITEM NO. 5-A REQUEST Approve Minutes of July 26, 2005 City Council Regular Meeting AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DE?T: CITY FIRE DEPT: CITY BUILDING DE?T: 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: Mf~ Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meetings shall become property of the City of Meridian. Meridian City Council Meetina July 26.2005. The regular meeting of the Meridian City Council was called to order at 7:55 P.M., Tuesday, July 26, 2005, by Mayor Tammy de Weerd. Members Present: Mayor Tammy de Weerd, Keith Bird, Shaun Wardle, Charlie Rountree, and Christine Donnell. Others Present: Bill Nary, Will Berg, Ann Canning, Bill Musser, Ron Anderson and Len Grady. Item 1: Roll-call Attendance: Roll call. ~ Shaun Wardle -L-Christine Donnell X Charlie Rountree X Keith Bird - ~ Mayor Tammy de Weerd De Weerd: I will open up the regular meeting for the City Council. It is July 26th and it is five minutes to 8:00. We sure apologize for the delay tonight and appreciate your patience in waiting for us. We had a public commenting process before this and certainly it went a little bit longer than we had anticipated. So, thank you for sticking with us on this. Item NO.1 is roll call attendance. Item 2: Pledge of Allegiance: De Weerd: Item NO.2 is the Pledge of Allegiance. Tonight we will be led by John Jackson and he is with Troop 62. Will you all rise. (Pledge of Allegiance recited.) Item 3: Community Invocation by Pastor Craig Flinn, with Meridian Alliance Church: De Weerd: Thank you, John. If I could, I'd like to give one of our City of Meridian pins for helping us out. Thank you so much. Okay. Item 3 is our community invocation. If you will all join us in the community invocCiltion or take this as a moment of silence. Tonight we will be led by Pastor Craig Flynn and his three children. Thank you for joining us. Flynn: God, we acknowledge that you are the God of heavens and the earth and every city. We thank you for your blessing and your commitment to every person that lives in the city. God, we ask for your wisdom for the leadership tonight as they consider many, many, many, many decisions. We thank you for each person that's come out tonight. Lord, we thank you for your being a caregiver. We thank you that you're committed to every life that dwells in this city. I pray specifically tonight, God, for healing for broken Meridian City Council July 26, 2005 Page 2 of 72 relationships, broken hearts, broken homes, God, that you would do a mighty work in this city and bring healing and wholeness to people's lives. And, God, we thank you for the many city officials. The police and the fire and everybody, God, that you have appointed to serve this city. We just pray a blessing on this meeting, that we have great communication and may we further your kingdom because of this meeting tonight. Amen. Item 4: Adoption of the Agenda: De Weerd: I do have some City of Meridian pins for you, too. Okay. Item NO.4 is adoption of the agenda. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: We need to pull off the Consent G, H and I and move it over to, actually, 8 G, H and I. And also BB, Resolution No. 05-480 and CC as 05-481 and on our regular agenda 27 is 05-1167. Ordinance No. 28 is 05-1168 and 29 is 05-1169. And with that I move we adopt the revised agenda. Rountree: Second. De Weerd: Okay. All those in favor say aye. All ayes. Motion carries. MOTION CARRI ED: ALL AYES. Item 5: Consent Agenda: A. Approve Minutes of June 21, 2005 City Council Regular Meeting: B. Approve Minutes of June 7, 2005 City Council Regular Meeting: C. Approve Minutes of June 28, 2005 City Council Regular Meeting: D. Findings of Fact and Conclusions of Law for Approval: AZ 05- 007 Request for Annexation and Zoning of 43.18 acres from RUT to R-8 zone for Bellinaham Park Subdivision by Gemstar Development, LLC - north of Amity Road and east of South Locust Grove Road: E. Findings of Fact and Conclusions of Law for Approval: PP 05- 009 Request for Preliminary Plat approval of 166 building lots and 37 common lots on 43.18 acres in a proposed R-8 zone for Meridian City Council July 26, 2005 Page 3 of 72 Bellinaham Park Subdivision by Gemstar Development, LLC - north of Amity Road and east of South Locust Grove Road: F. Findings of Fact and Conclusions of Law for Approval: CUP 05-008 Request for a Planned Development consisting of 166 residential units with reductions to the minimum requirements for lot size, street frontage and yard setbacks for Bellinaham Park Subdivision by Gemstar Development, LLC - north of Amity Road and east of South Locust Grove Road: J. Award of Bid for Well No. 26 Pumpina Facilities to Star Construction. LLC: K. Water Main Easement Aareement for Park's Westside Body Works by Tim Wallace: L. Water Main Easement Aareement for Waltman Court Subdivision: M. Water Main Easement Aareement for Ustick Marketplace. LLC: N. Purchase Aareement and Permanent Easement Aareement with Ada Countv Hiahway District for Eaale Road. Victory to Ridenbauah: O. Development. Reimbursement and Conveyance Aareement for Chamoion Park: P. Award of Bid for 2005 Sewer Cleanina I TV Inspection Project to Pioeline Inspection Services: Q. Consultina Aareement and Scope of Work with Washinaton Grouo International for North Meridian Area Traffic Study: R. Aareement for Pretreatment Modifications with CH2M HILL: Proaram Application S. Aareement for On-Goina Consultation to Water Department with Hvdro Loaic: T. Aareement for Municipal Water Riahts Project with Hydro Loaic. Inc.: U. Aareement for Supoly Well # 27 Professional Services with Hydro Loaic. Inc.: Meridian City Council July 26, 2005 Page 4 of 72 V. AQreement for Ground Water Studies with Hvdro Loaic. Inc.: W. Aareement for Supply Well Evaluations with Hydro LOQic. Inc.: X. ReQuest for Funds No.3 for Meridian Sr. Center Rehabilitation Proiect ICDBG 04-111-01-SR: Y. Development Agreement: AZ 04-033 Annexation and Zoning of 15.92 acres from C-2 and RUT zones to C-G zone for Stor-It by Avest LP - 355 North Ten Mile Road: Z. Development Agreement: AZ 05-008 Annexation and Zoning of 41 .27 acres from RUT to R-4 for a new middle school for McMillan and Meridian Middle School by Joint School District No. 2 - NEC of McMillan and Meridian Roads: AA. Approve Beer and Wine Licenses for Pier 49 Pizza - 1551 West Cherry Lane #102: BB. Resolution No. Setting Forth Certain Findings and Purposes Authorizing the Sale of Surplus Property at Public Auction; Authorizing the Mayor of the City of Meridian to Sell Surplus Prooertv Located on Lot 63. Block 14 in Thousand Sprinas Subdivision No.5: CC. Resolution No. : Declarina the Intent of the City of Meridian to Convey to the Meridian Development Corporation Certain Real Propertv Located at 55 East Broadway Avenue in the City of Meridian and Leaafly Described as Lots 20 and 21 of Block 1 of the Meridian Townsite: Instructina the City Clerk to Establish and Notice a Hearina to Review the Proposed Conveyance: Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: J move we approve the Consent Agenda with the changes of Items G, H and I being moved to the regular agenda as 8 G, H and I and for the mayor to sign and the clerk to attest on all proper papers. Rountree: Second, De Weerd: Okay. Motion to approve the Consent Agenda. If there is no further discussion, Mr. Berg, will you call roll? Meridian City Council July 26, 2005 Page 5 of 72 Roll-Call: Bird, aye; Rountree, aye; Wardle, aye; Donnell, aye. MOTION CARRIED: ALL AYES. Nary: Madam Mayor? De Weerd: Yes, Mr. Nary. Nary: On Item BB that was just approved, if it's all right with the Council, I would suggest if the Council's direction would be to the clerk's office to begin the process of the public noticing necessary for the sale of this property at Thousand Springs, and our office -- attorney's office and Public Works office to post the site, so that we can get proper notice out to the public. But if the Council could give that direction as well, we can get this property actually sold maybe this year. Bird: That was included in the motion. De Weerd: Okay. Bird: If the second agrees. Rountree: The second understood that. Bird: Okay. Thank you. De Weerd: And everyone that voted I'm sure understood that as well. Nary: I thought you all did. Donnell: Sure we did. Item 6: Department Reports: A. Mayor's Office: 1. Proclamation for Cover the Blue 2005: De Weerd: Okay. Item 6, Department Reports. I do have a proclamation to read. During the week of August 1st through the 5th, they are working a canned food drive to Cover the Blue at BSU's football field. And so my proclamation reads as follows: Whereas, due to the increase of cost of food and other necessities, the agencies that provides food for needy Idahoans have a critical need for donations this summer. And whereas Idahoans have always responded with compassion and generosity to their neighbors in need and this is a time where we must all reach out to the members of our community who are most impacted by these conditions. And whereas in response to Meridian City Council July 26, 2005 Page 6 of 72 those needs KQFC Radio, the Boise Rescue Mission, and the Salvation Army, are presenting the Cover the Blue summer food drives to give Idahoans throughout the state a way to donate food and other essential items to their most needy neighbors. And whereas by gathering enough food to cover the turf at Bronco Stadium, we can show our community that Idahoans are all in good hands. Now, therefore, I, Tammy De Weerd, Mayor of the City of Meridian, do hereby proclaim August 1 st through the 5th, 2005, to be Cover the Blue 2005. Reducing hunger in Idaho and I encourage all individuals, businesses, organizations and families to support this project to help our hungry neighbors. B. Parks and Recreation Department - Doug Strong: 1. Namina of Park Located in Autumn Faire Subdivision: De Weerd: Item No. B is our Parks Department. I will turn this over to Mr. Strong. Strong: Thank you, Madam Mayor, Members of the Council. First item is related to naming of a neighborhood park. During the July Parks and Recreation Commission Meeting the naming of Autumn -- of Autumn Faire was discussed. And after some lengthy discussion, the Parks and Recreation Commission approved the name of the park located in the Autumn Faire Subdivision as Seasons Neighborhood Park. And recommended the new park name be sent forward to the Mayor and the Council for approval. So, that's what's brought to you tonight. De Weerd: Council, do you have any questions for Mr. Strong? Do I have a motion? Donnell: Madam Mayor? De Weerd: Yes, Mrs. Donnell. Donnell: I'd like to make a motion that we approve the recommendation from the parks commission to name the Autumn Faire Subdivision park Seasons Neighborhood Park. Bird: Second. De Weerd: Okay. The motion is to approve the recommendation for the naming of Autumn Faire park as Seasons Neighborhood Park. The City of Meridian Seasons Neighborhood Park. Okay. Mr. Berg, will you, please, call roll. Roll-Call: Bird, aye; Rountree, aye; Wardle, aye; Donnell, aye. De Weerd: Thank you. All ayes. MOTION CARRI ED: ALL AYES. Meridian City Council July 26, 2005 Page 7 of 72 2. Placement of Western Heritaae Historic Bvway Sian in Storey Park: De Weerd: Item NO.2. Mr. Strong. Strong: Thank you, Madam Mayor, Members of the Council. That same July 13th Parks and Recreation Commission Meeting, the commission approved a request from Aldis Garsvo to place a Western Heritage Historic Byway sign in Storey Park in conjunction with the Initial Point sign that's already located in the park. The Western Heritage Historic Byways constructed the sign, which are typical Idaho Transportation Department signs, map boards, measures in overall height of ten feet, with a four foot by eight food map board attached to the upper half. The Parks and Recreation Commission is recommending that City Council approve placing the sign in Storey Park in conjunction with the Initial Point sign. And that the supporting documentation for the sign is attached to the item, so you could see what the sign looks like. So, with that I would certainly entertain any questions about this particular proposal. De Weerd: Mr. Strong, do you have a copy of that sign that you can display on the overhead? I believe we also received a letter from the Chamber of Commerce. Is that correct, Mr. Berg? Can we get it on the overhead so members of the public can -- Donnell: Do you know how to work the overhead? I wouldn't know how to work it. De Weerd: Anna does. Strong: What's being shown on the screen is a typical Highway Scenic Byway Highway Department sign. Once it comes into focus. Bird: Madam Mayor? De Weerd: Yes, Mr. Bird. Bird: Doug, where in Meridian is that scenic byway? Strong: The Scenic Byway starts at Interstate 84 and, then, goes to Kuna and down to the Snake River. Bird: It starts on Meridian Road there at the overpass or starting at Overland and going down? Strong: I certainly don't know the exact beginning of the Byway, but it shows the intersection on Interstate 84 and, then, where it heads south on Meridian-Kuna Road toward the river. Bird: It doesn't go through Store Park or anything like that? Meridian City Council July 26, 2005 Page 8 of 72 Strong: No. They are just looking for a location for people that would be interested in traveling on the scenic byway, that they could get information about how to get on the byway and get down to the river. I mean I don't have no problem with putting it in Storey Park, but is that -- I mean how many people are going to see it? Donnell: Madam Mayor? De Weerd: Mrs. Donnell. Donnell: Councilman Bird, the discussion at the parks commission meeting was that since that's also the visitor's center for Meridian, that many people might see that as they stopped and asked for other kinds of information. Bird: Well, I tell you that went over my head. I forgot about that deal. Strong: Madam Mayor, Members of the Council, actually, Mr. Garsvo, who made the presentation, indicated that not including Meridian on this byways map was a bit of an oversight. But the signs have already been produced. So, it would be difficult to go back and include Meridian per se on the signs, as I recall. Bird: I think Councilwoman Donnell just cleared it up for me. De Weerd: Okay. Are there any further questions? Okay. Do we have a recommendation? Donnell: Madam Mayor? De Weerd: Mrs. Donnell. Donnell: I'd like to make a recommendation that we allow the placement of the Western Heritage Historical Byway Sign in Storey Park, with the Parks Director's direction -- oh, that was good. In terms of where it's going to be placed in the park. Okay. Bird: I second that. De Weerd: Okay. There is a motion to approve. Mr. Berg, will you, please, call roll on this item. Roll-Call: Bird, aye; Rountree, aye; Wardle, aye; Donnell, aye. MOTION CARRIED: ALL AYES. 3. Update on Park Development Projects with Kiwanis, Meridian Youth Baseball, Adventure Island Playground, and Police Athletic League by Doug Strong: Meridian City Council July 26, 2005 Page 9 of 72 De Weerd: Okay. And last, but not least, Mr. Strong. Strong: Thank you, Madam Mayor, Members of the Council. The last item is an item that we discussed two weeks ago regarding park development. Projects to bring parks that were currently in partnership with different organizations to a level of being greened up and usable. And as you recall, we have talked about Kiwanis Park and Hero's Park with the Pal Soccer complexes going and Meridian Youth Baseball on the west side of Settler's Park. And, then, Adventure Island Playground to get Adventure Island Playground phase two completed. So, as we went through that discussion we talked about where these projects are currently and I gave you information about work that had currently been done as in this slide with Kiwanis Park and the accomplishments that have been done to date at Kiwanis Park and, of course, they all vary in different stages of completion. Also showed you money currently in budget and to bring it to a level of essentially what we are calling Green Up, what we would be looking for that would be an unfunded difference that would be requesting funds from the park impact fees to green up these parks. De Weerd: And, Doug, that is paved parking? Strong: And what you asked me to do is go back and come up with numbers that would show paved parking. What I showed -- and, actually, Kiwanis Park was a paved parking lot. Hero's Park and Meridian Youth Baseball was gravel parking lot. So, without going through each of these slides again, unless you have questions about them, I went through and -- De Weerd: No, we don't need you to -- Strong: -- put in numbers for paved parking and changed the last slide, which is a summary of the numbers, which is I think what you're really interested in. And that gives you a total based on the most current figures that we have either from engineers or construction companies for these projects. Donnell: Great. De Weerd: Okay. Thank you, Doug. Any questions for Doug at this point? Council? Rountree: None. Bird: I have none. De Weerd: Okay. Do we have direction for the -- Donnell: Madam Mayor? De Weerd: Mrs. Donnell. Meridian City Council July 26, 2005 Page 10 of 72 Donnell: I'd like to make a motion that we authorize the expenditure of the park impact fee fund to -- not to complete, but to do the work as outlined by the Parks Department. And to amend the budget to do so. Bird: Second. Donnell: And the amount is $1,482,429. Bird: Second. De Weerd: Okay. Thank you. Is there any discussion? Hearing none, Mr. Berg, will you, please, call roll. Roll-Call: Bird, aye; Rountree, aye; Wardle, aye; Donnell, aye. MOTION CARRIED: ALL AYES. Item 7. (Items Moved from Consent Agenda) G. Findings of Fact and Conclusions of Law for Approval: AZ 05- 017 Request for Annexation and Zoning of 137.96 acres from RUT to R-8 zone for Messina Meadows Subdivision by Tuscany Development, Inc. - on South Eagle Road between East Victory Road and East Amity Road: H. Findings of Fact and Conclusions of Law for Approval: PP 05- 019 Request for Preliminary Plat approval of 491 building lots and 67 other lots on 136.72 acres in a proposed R-8 zone for Messina Meadows Subdivision by Tuscany Development, Inc. - on South Eagle Road between East Victory Road and East Amity Road: Findings of Fact and Conclusions of Law for Approval: CUP 05-026 Request for a Conditional Use Permit for a Planned Development for single-family detached residential building units and single-family attached patio homes in a proposed R-8 zone for Messina Meadows Subdivision by Tuscany Development, Inc. - on South Eagle Road between East Victory Road and East Amity Road: Item 8: Reauest for Reconsideration from Parks Commission reaardina Messina Meadows Subdivision: De Weerd: Thank you, Council. The items moved from the Consent Agenda were moved to Item 8. They are G, H and I. Item 8 is a request for reconsideration. Anna or Bill. Mr. Nary. Meridian City Council July 26, 2005 Page 11 of 72 Nary: Madam Mayor, Members of the Council, you have a letter above that directed by the Parks Commission to be sent to you in regard to the issue that you had placed before them on whether or not the property that was being proposed for a park site in Messina Meadows would be public space -- a public park or a private homeowners park. In there they have asked you to reconsider the whole project. And, essentially, remanded back to Planning and Zoning and they would like the opportunity to consider that as a public park. That wasn't in the original motion by this Council. You certainly have the ability to do that. The record, though, doesn't really reflect that that was the intent of the Council in sending it to the Parks Commission. And in this letter they do also indicate that they recognize that it wasn't what your original intent was, but that was simply a desire of the Parks Commission. And that if you didn't wish to remand the matter or reconsider it or remand the matter, then, you would not consider this for public open space and that this would be a private homeowners park. You may also want to consider and Councilmember Donnell would probably be the better one for that and whether or not you want to direct staff, Parks Department, legal department, Planning and Zoning, to coordinate on process to have these projects brought to the parks commission or the front and of the discussion when the opportunity to actually design the park around the residential lots that they want to build could actually be done at a more economical and timely manner. So, if you wanted to do that as additional -- additional tasks coming from this discussion, you certainly can do that as well. But that's really what's in front of you, is simply a request for reconsideration. You can do that if you wish or you may take the alternative that's proposed as well. De Weerd: Okay. Mr. Wardle. Wardle: Madam Mayor, I believe I made that motion. My recollection of that motion was that -- and the acceptance was that Council agreed with the subdivision and the layout of the subdivision and all the things that it brought as amenities to the city. I did leave as I understand an opportunity for the city to, if they would like to, to take that park over as a public park. It did not obligate the city to do so. My preference at this time, first off, on this particular application, would be to approve the Findings as the motion was made. If the developer would like to reconsider where that park would be and meet with the staff then and, then, ask for reconsideration certainly at their request, I believe it would be fair. However, I believe that this Council approved that application on its merit. Incidentally, I do agree that if we could have some sort of process on the front end to allow the Parks Commission to see these applications beforehand and try to formalize what that would look like, I would be in favor of such a procedure. De Weerd: Okay. Anything further? Nary: Madam Mayor? De Weerd: Yes, Mr. Nary. Meridian City Council July 26, 2005 Page 12 of 72 Nary: Just for clarification, Madam Mayor, Councilmember Wardle, and that is the way the Findings are reflected. That it was simply a decision of public versus private space. And that was your motion. So, you certainly can approve the Findings as written. And the decision is you can certainly -- may want to put that on the record as well. If your decision is to accept the recommendation from the Parks Commission, you could certainly do that here and that would be part of the staffs consideration when the final plat were to be brought forward. Donnell: Madam Mayor? De Weerd: Mrs. Donnell. Donnell: Having been in on the discussion at the Parks Commission, as well as the long discussion that we had on Messina Meadows last time, the issue -- I mean there were several. It's more than just whether it's public or a neighborhood park, private homeowners park, but the whole issue about how those parks are viewed when they are embedded in a subdivision. And, then, as you read the letter, there is other issues that the Commission has with the fact that we approved it the way it is. So, let me see if I can understand, Mr. Nary, what you were saying. And that is that we can approve the recommendation as it is, which does accept the park as a public park. Accept the land as a public park. Did I understand that correctly? No? Mr. Nary: No. Donnell: Okay. Nary: Madam Mayor, Councilmember Donnell, what the Findings said was prior to the final plat a decision has to be made on whether it be public space or private space. Donnell: Thank you. That was the motion that-- Nary: Yes. And that's what the finding was. Donnell: Is that what you said, Shaun? Wardle: That's what I said. Donnell: Okay. Okay. That was my comment. De Weerd: Okay. Anything further by Council? Then I would need a motion. Bird: Madam Mayor, what would you need, a motion to approve 8 G, H and I, would you not? No.8? I mean the recommendation? De Weerd: If you don't want to consider the request I certainly need a motion, too. Meridian City Council July 26, 2005 Page 13 of 72 Bird: Well, I wasn't here and I didn't vote on it, so I can't make a motion. Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: I would make the motion that we approve Item 8 G, H and I, with the Findings. Donnell: And I will second that. De Weerd: Okay. There is a motion to approve G, H and I from the Consent Agenda. Is there any further discussion? If not -- Rountree: Madam Mayor, just before-- De Weerd: Mr. Rountree. Rountree: -- I vote, I wanted to make sure that what I heard is what I heard. And the Findings do not commit the City of Meridian to make a public space that will be a private space until the final plat is -- Bird: Is designed. Yeah. Rountree: Is designed and, then, there is an opportunity for the city to either agree or disagree further. Wardle: And, Mr. Rountree, I believe the Findings, as I understand from the motion, are to allow the city the option at their will to do that and before the final plat to make that determination. Does that make sense? And, Mr. Nary; is that correct? Nary: Madam Mayor? De Weerd: Yes. Nary: Maybe this will clear it up. What the Findings say is Lot 21, Block 1, of the proposed Messina Meadows Subdivision, dated March 14, 2005, is shown as a city park. Prior to submitting a final plat, the applicant shall bring the proposal before the Meridian City Park Commission for a recommendation to the Meridian City Council to ultimately approve of Lot 21, Block 1, becoming a public park or if it is to remain as an open space common lot maintained by the homeowners association. So, they have done that, they have brought that forward with that recommendation. You can certainly direct staff, if you wish to accept that recommendation that it not be a public park, which is what is in front of you in the letter for reconsideration, you could certainly direct staff to receive the recommendation it would not be a public park and you won't accept that and, then, no one will question what your intention was. Meridian City Council July 26, 2005 Page 14 of 72 De Weerd: Okay. Bird: I agree with the attorney. Wardle: And that was the intent of the maker of the motion. Does the second -- Donnell: Second agrees. De Weerd: Okay. Mr. Berg, will you call roll. Roll-Call: Bird, aye; Rountree, aye; Wardle, no; Donnell, aye. De Weerd: I will vote aye. You have already voted on this. So-- Bird: Well, are you agreeing to that letter, then? De Weerd: No. They just approved -- Bird: I know. They didn't agree to it. So, ifs got to come back; right? Nary: No. De Weerd: No. Donnell: It just has to go to the Parks Commission. Nary: Madam Mayor, Members of the Council, what the letter said was they would like you to reconsider it. If you don't want to reconsider it, their recommendation was that it not be a public park. Donnell: Right. Nary: We were voting on the Findings. De Weerd: We were voting on the Findings. Nary: Yes. I understand. And the Findings say your decision is to let it -- to have a recommendation be made by the Parks Commission. So, if you want to accept that recommendation you can certainly put that on the record if you want. De Weerd: And that's what he said was-- Nary: Yes. De Weerd: -- was the intent of this motion. Meridian City Council July 26, 2005 Page 15 of 72 Nary: Right. Bird: That wasn't what his motion said. His motion accepted the Findings of Fact as stated. De Weerd: With the-- Bird: Not -- he didn't say anything about with. De Weerd: Yes, you did. He corrected that after Mr. Nary noted that and he said that was included in his motion. Bird: Okay. I misunderstood. De Weerd: And the second agreed, so-- Bird: Okay. De Weerd: So, that motion carries. MOTION CARRIED: TWO AYES. TWO NAYS. MAYOR AYE. Item 9: FP 05-043 Request for Final Plat approval for 241 single family residential building lots and 11 common area lots on 72.53 acres in a R-4 zone for Saauaro Canyon Subdivision No.3 by Farwest, LLC - east of North Meridian Road and north of East McMillan Road: Item 10: FP 05-044 Request for Final Plat approval for 21 single family residential building lots on 6.22 acres in a R-4 zone for Saauaro Canyon Subdivision No.4 by Farwest, LLC - east of North Meridian Road and north of East McMillan Road: Item 11: FP 05-045 Request for Final Plat approval for 36 single family residential building lots and 5 common area lots on 6.26 acres in a R-8 zone for Lyndhurst Grove Subdivision by Land Pro Development, LLC - east of North Ten Mile Road on the north side of West Pine Street: De Weerd: Okay. We are moving forward. The bus is pulling out. Okay. Item 9 is FP 05-043. I will -- and, actually, we have letters on Items 9, 10, and 11. Do you have agreement on 12 from -- Canning: Yes. It's a request for time extension, so there is no condition. De Weerd: I will go ahead and consider a motion on Items 9, 10, and 11 of the staff comments that have been agreed to by the individual applicant, so -- Meridian City Council July 26, 2005 Page 16 of 72 Wardle: So moved. De Weerd: Thank you. Is there a second? Bird: Second. De Weerd: Okay. The motion is to approve Items 9, 10, and 11. Mr. Berg, will you call roll. Roll-Call: Bird, aye; Rountree, aye; Wardle, aye; Donnell, aye. MOTION CARRIED: ALL AYES. Item 12: TE 05-007 Request for a One Year Time Extension for CUP 03-048 for Buich Subdivision (aka Cherry Lane Office Park Subdivision) by Pinnacle Engineers, Inc. - 2150 Cherry Lane: De Weerd: Okay. Item 12 is a request for an extension. Mrs. Canning. Canning: I'm sorry, Madam Mayor. I meant to try and tell you that this could have been included in the last motion. It's just a request for a time extension and staff has no objection. So, there is no conditions of approval for the applicant to comply with, other than the original one. De Weerd: Did they have a reason? Canning: You know, ma'am, they didn't give me this file today. If you give me a moment J can look it up. I think I do have something. I wasn't prepared for you to ask that question tonight. De Weerd: And there is a reason? Canning: There we go. Sorry about that. This is -- although it's called Butte Subdivision, it's the Cherry Lane Office Park, and the original approval was for a nursing home facility for up to 40 patients and five office pads. The -- it was approved February 10th. And the 18 months is soon over. The applicant states that the reason for the delay in commencing construction is that the site layout was modified in that a lot was removed in order to make the project more marketable, which required revision of the improvement plans. For this reason they are unable to meet the time requirements. De Weerd: Okay. Council, any questions? Rountree: I have none. Bird: None. Meridian City Council July 26, 2005 Page 17 of 72 De Weerd: Okay. Canning: I would like to comment that the site does work much better with the removed lot. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Hearing no discussion, I move that we approve TE 05-007, a one-year time extension to July -- or August 1 st, 2006. Rountree: Second. De Weerd: Okay. The motion is to approve. Mr. Berg, roll call. Roll-Call: Bird, aye; Rountree, aye; Wardle, aye; Donnell, aye. MOTION CARRIED: ALL AYES. Item 13: Public Hearing: PFP 05-003 Request for Preliminary Final Plat approval for 2 building lots on 1.84 acres in a I-L zone for Marce Subdivision by James Wylie - southwest corner of Fairview Avenue and North Eagle Road: De Weerd: Okay. Thank you. Item 13 is a Public Hearing. I will go ahead and open the Public Hearing on PFP 05-003 and start with staff comments. Canning: Madam Mayor, Members of the Council, this is called Marce Subdivision. It's, actually, just a re-subdivision of portions of the lot in the existing Krispy Kreme Subdivision. It's been reconfigured -- the lots have been reconfigured a number of ways and staff felt it was best that they just come in with a new plat, rather than trying to do reduction in plating requirements. This is a combined preliminary and final plat. It's just a two-lot plat. Basically, one and two. It's a very straight-forward two lot subdivision. The Planning and Zoning Commission recommended approval at their June 16th hearing. There was no key issues of discussion and to our knowledge there are no outstanding issues before Council. I do believe we have a couple certificate of zoning compliances that were waiting for this to get approved, so we can issue them. So, with that I will answer any questions you may have. De Weerd: Council, do you have any questions? Rountree: I have none. Bird: I have none, Mayor. Meridian City Council July 26, 2005 Page 18 of 72 De Weerd: This is a Public Hearing. Is the applicant here this evening? If you will, please, state your name and address. Wiley: Madam Mayor, Members of the Council, my name is James Wiley, 1676 North Clarendon, Eagle, Idaho. And we agree with all the facts and findings in this subdivision and ask for your approval and I'm here to answer any questions that you -- if you have any. De Weerd: Okay. Council, any questions for the applicant? Bird: I have none. Rountree: I have none. De Weerd: Okay. Thank you so much. Is there anyone who would like to provide testimony on this application? Seeing none -- Rountree: Madam Mayor, seeing no additional -- De Weerd: Mr. Rountree. Rountree: -- testimony, I move that we close the Public Hearing for Item No. 13. Bird: Second. De Weerd: Okay. Motion to close on item 13. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. De Weerd: Any discussion? Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: I move that we approve Item No. 13, PFP 05-003. Donnell: Second. De Weerd: Okay. Motion to approve Item 13. Is there any discussion? Mr. Berg, will you call roll. Berg: Are there findings prepared? De Weerd: Are there findings on this item, Mr. Nary? Meridian City Council July 26, 2005 Page 19 of 72 Bird: Yes. Rountree: Yes. De Weerd: Okay. Berg: So, I assume that includes Findings. Thank you. Roll-Call: Bird, aye; Rountree, aye; Wardle, aye; Donnell, aye. MOTION CARRIED: ALL AYES. Item 14: Public Hearing: PFP 05-002 Request for Preliminary I Final Plat approval for three building lots on 5.93 acres for Monica Subdivision by B2 Investments, LLC - north of West Franklin Road and west of North Under Road: De Weerd: Okay. Item 14 is Public Hearing PFP 05-002. I will open the Public Hearing with staff comments Canning: Madam Mayor, Members of the Council, before I discuss this item, I have to explain that this was originally submitted by B&A Engineers, but they have released this project to Skinner Land Surveying. So, I no longer have a conflict of interest. This is Monica Subdivision. It is located on north of Franklin Road and west of Linder. It's close -- it's south of the~ railroad tracks as you see there. It is a combined preliminary and final plat. They are proposing three building lots on 5.93 acres. This is Lot 1 and, then, 2 and 3. The lots range in size from .4 to 2.72 acres. It will accommodate three commercial sites. P&Z has recommended approval with conditions. The key issue -- or the discussion of the Planning and Zoning Commission was the ACHD requirement to move the proposed driveway 30 feet north. And to our knowledge there are no outstanding issues before Council. Another straightforward -- this is an industrial subdivision. There have been a number of parcels split in this area that mayor may not be legal and this just cleans up the rest of them, so it's a good clean up plat. De Weerd: Anna, does that road continue west? Canning: I don't believe so. De Weerd: Is it a private road? Canning: I think we actually approved this as a private road. And maybe the applicant can answer that more. I believe there is a property at the end that takes access from it, but I think it ends here, but the property does take access from it. And that would be that property right there, I think. Meridian City Council July 26, 2005 Page 20 of 72 De Weerd: Now, you mentioned -- Canning: Oops. No. De Weerd: There was commercial -- that's industrial, isn't it? Canning: Yeah. I just mean commercial as in not residential. As a business. It's industrially zoned. I'm sorry. De Weerd: Okay. Thank you. Any questions for staff? Bird: I have none. De Weerd: Is the applicant here this evening? If you will, please, state your name and address. Jones: Sure, Chad Jones. 2250 Grassy Branch, Meridian. I'm representing the applicant Skinner Land Survey. And I guess to answer your question as far as the road, that is a non-continuous private road. It's only meant to service the storage and parking area along the west side of the parcel. The parcel to the west is accessed off of Franklin. It's non-continuous. I believe it's -- this parcel is not -- is non-developed and they are not planning on developing anytime soon. This is our parcel right here. I believe we -- De Weerd: Okay. Anna. I'm sorry, sir. On that piece that's, then, behind it, they have an easement down to Franklin. Is that going to be -- have a traffic light there? Do you know is that where the bus garage comes out? Jones: I don't remember. The bus garage comes out -- I thought the bus garage came out right about in here. Bird: That little triangle is the bus property, isn't it? Jones: I thought the bus garage was right here. Bird: Yeah. De Weerd: No. It's behind. Bird: Is it over? Rountree: It's in the triangle piece. Bird: In the triangular. Jones: This one? Meridian City Council July 26, 2005 Page 21 of 72 Rountree: No. Bird: No. The one right there. Rountree: North. Bird: North. Rountree: North and west. Bird: That right there. Canning: Madam Mayor, Members of the Council, I have not ever heard a light discussed for the bus facility. I think -- I haven't heard of one discussed. That's all [ can say at this point. I can do some more research if you want me to. I'm not terribly familiar with this area, I have to admit. De Weerd: I guess J just remembered some access to the Under in those back properties. Jones: There was a cross-access agreement once they got between -- or over these parcels accessing this westerly line. I don't recall that going anywhere. I'm not sure there was -- Donnell: Where is the railroad tracks? De Weerd: It's just to the north of those parcels. Donnell: The bus garage is back towards the railroad tracks. It's not that. Bird: Christine, which was the bus? Isn't it over there on the -- Donnell: Shoot. [think-- De Weerd: It's that one. Right there. Bird: And didn't you guys buy it out all to Franklin there? Donnell: Yes. All the way out and -- De Weerd: SSC. Donnell: And this is the road that goes down. Bird: Yeah. Okay. Meridian City Council July 26. 2005 Page 22 of 72 Donnell: So -- and I had never heard of any discussion of having a light there either. Even when we were building it. Canning: Madam Mayor, Members of the Council, we have discussed a separate access with the school district, so that the right out turns could flow freely and, then, the left out turns could stack at the existing driveway location, but I haven't ever discussed a light with the school district at that location. De Weerd: Okay. Well, sorry I even mentioned it. I guess my whole point is I vaguely remember an access from Under to that back property. If that back property is going to gain an easement on that road from the bus garage, I thought in discussions about that one piece of property they had to have access out to Under as well. Bird: No. Remember, we come off of Franklin there and went up the east side of Interstate Batteries with an easement to that back property. Donnell: Okay. De Weerd: So, they are not land locked. Bird: No. They are not land locked. Canning: And, Madam Mayor, Members of the Council, I'm looking through the ACHD report. They do not discuss that. And they are -- we know that is something they consider. I think Mr. Bird was right in that that subdivision that went on just with or beside the school district's property did include an easement going north. Rountree: Gary's shaking his head. Canning: Let's see. B&A did that. Chad, do you remember? It does? It goes north? Okay. De Weerd: Mr. ACHD is nodding. Donnell: Moving right along. De Weerd: Okay. Thank you, sir. Is there any public testimony on this application? Okay. Thank you. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Hearing none, I move that we close Item 14, Public Hearing. Meridian City Council July 26, 2005 Page 23 of 72 Rountree: Second. De Weerd: Okay. Motion to close the Public Hearing. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve PFP 05-002 and include the Findings of Facts and Conclusions of Law. Rountree: Second. De Weerd: Okay. Motion to approve Item 14. If there is no further discussion, Mr. Berg. Roll-Call: Bird, aye; Rountree, aye; Wardle, aye; Donnell, aye. MOTION CARRIED: ALL AYES. Item 15: Public Hearing: VAR 05-011 Request for a Variance to allow a second free-standing monument sign on the same street frontage for .K!.n9. Electric Sians for King Electric Signs - 2200 South Cobalt Pointe Way: De Weerd: Okay. Item 15 is a Public Hearing on VAR 05-011. I will open the Public Hearing with staff comments. Canning: Madam Mayor, Members of the Council, this is a variance request on the -- the agenda states that it's to allow a second freestanding monument sign on the same street frontage for which would be -- that was the applicant's initial request. Staff's initial staff report, which you may have received, was for denial of that second monument request. Staff was unable to make the findings in order to recommend approval to you all. After working with the applicant, staff has modified the variance request to allow a larger size sign for a directional sign for city -- the City Corporation area or campus. Staff was able to make the findings for this variance. I'm having technical difficulties. There we go. I think my -- either all my batteries are going today or something. I'm not sure what's going on. This is a portion of the City Corporation campus. It's a much larger site. As you know, the existing monument sign is here. This would be the proposed location for the directional sign. The directional sign does look like this. It would be larger than the allowed four square feet. The reason staff was able to make the findings for recommending approval for the variance were basically that this is an unusual site and that it is a single tenet site. It's our largest just single tenant site in Meridian. And also it's a very large structure. So, you know, this same size directional Meridian City Council July 26, 2005 Page 24 of 72 sign that we would see on a 3,000 square foot fast food restaurant just didn't seem appropriate for the large structure that is City Corporation at this point. So, staff has recommended that you approve this variance. To our knowledge there are no other outstanding issues before Council. De Weerd: Okay. Any questions for staff? Bird: [have none. Rountree: I have none. De Weerd: Is the applicant here tonight? If you will, please, state your name and address. Harold: Ron Harold. King Electric Signs. 103 7th Avenue South in Nampa, Idaho. De Weerd: Thank you. Harold: I would just ask that the Council take staffs recommendations. And I'm just here to answer any questions they you may have. De Weerd: Okay. Thank you. Any questions for the applicant? Donnell: Huh-uh. Bird: I have none. De Weerd: Thank you. Okay. Is there anyone who would like to provide testimony on this application? Hearing none? I have to ask. Sorry. Okay. Council? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we close Public Hearing No. 15. Wardle: Second. De Weerd: Okay. Motion to close the Public Hearing on Item 15. All those in favor say aye. All ayes. MOTION CARRIED: ALL AYES. De Weerd: Do I have a motion? Do I have discussion? Bird: Mr. Mayor -- or ma'am. Meridian City Council July 26, 2005 Page 25 of 72 De Weerd: Mr. Mayor. Okay. Mr. Bird? Bird: It isn't even late yet. Madam Bird. De Weerd: Madam Mayor. Donnell: Second. Bird: Madam Mayor, I move that we approve VAR 05-011 with staff comments. De Weerd: Okay. Motion to approve Item 15. Mr. Berg, will you call roll. Roll-Call: Bird, aye; Rountree, aye; Wardle, aye; Donnell, aye. Item 16: MOTION CARRIED: ALL AYES. Item 17: Item 18: Public Hearing: AZ 05-016 Request for Annexation and Zoning of 28.65 acres from RUT to R-15 and L-O zones for Silver Oaks Subdivision by Charter Builders, Inc. - north of West Franklin Road and west of North Ten Mile Road: Public Hearing: CUP 05-024 Request for a Conditional Use Permit for a Planned Development for multi-family / clubhouse / office / daycare development with no minimum street frontage and multiple buildings on a single lot 6n 28.65 acres in proposed R-15 and L-O zones for Silver Oaks Subdivision by Charter Builders, Inc. - north of West Franklin Road and west of North Ten Mile Road: Public Hearing: PP 05-023 Request for Preliminary Plat approval for 1 multi-family residential building lot and 1 commercial office lot on 28.6 acres in proposed R-15 & L-O zones for Silver Oaks Subdivision by Conger Management Group - west of Ten Mile Road and north of West Franklin Road: De Weerd: Thank you. Item 16 is Public Hearing AZ 05-016. I will open this Public Hearing with staff comments. Canning: Madam Mayor, did you want to also open the Public Hearing for-- De Weerd: I sure do. On Items 17 and 18, PP 05-024 and CUP 05-023. I had it on my other agenda. I'm sorry. The male part of me forgot. Bird: No. (End of side one. Tape one.) Meridian City Council July 26, 2005 Page 26 of 72 Rountree: We have that on record now. Canning: It's going to be a long night, isn't it? Madam Mayor, Members of the Council, this is Silver Oaks project. It's located on the north side of Franklin Road and, then, west of Ten Mile. You will see another application tonight that will be just immediately to the east. So, that will take us out to Ten Mile. It has very limited frontage on Franklin Road as you see. The request that is before you is for annexation and zoning, conditional use, and for a planned development and preliminary plat approval. The annexation and zoning is for 28.65 acres to R-15 and L-O and the R-15 would be generally in this northern -- there is a little public street here toward the south end of the property. The L-O would be in the southern portion. The R-15 would be the northern portion. This little inset goes right there. For the Conditional Use Permit is a request to allow 77 multi-family structures. So, that's a total of 308 individual units or dwelling units. The amenities for the multi-family units include a clubhouse and a pool, a court area and a fitness center and the landscape plan as we go through there is a little better, you can see the portion of the land, the court area, and the clubhouse. There is a fair amount of open space on the property. The road curves around rather than intersecting at right angles, so it creates a nice flowing pattern for the open space. It's a little hard to tell, because I had to break it up to get it in the slides. But you can see it there. I will go with the front one a little bit. The road pattern comes like this, loops around, comes back around this way, and, then, down and connects with the public street. And there is a little one that goes through here, too. So, the lighter areas are all the open space areas. There is also a proposed pathway system through the park and you can see that connected in various spots. On the remainder of the site, the applicant is proposing five nonresidential uses. One would be for a day care and, then, four. There is the day care and, then, four other buildings. The applicant at this time has requested that all four of these buildings be allowed on a single lot. All the multi-family is one lot and all the office or nonresidential is on another lot. So, it's only a two-lot subdivision. They have indicated that their intent is to come back through with condominium plats for individual ownership, rather than a lotted plat. And, then, the planned development was needed for the frontage requirements for the L-O buildings and as well as for the multi-family. The gross residential density of that portion above the public street is 12.62 units per acre. This is designated as high density residential on the Comprehensive Plan, so it is within that designation. The proposed square footage for the nonresidential uses is 15,080. And, then, again, the number of commercial buildings -- and commercial being not single family residential, those used for commerce, I suppose, is the four office, the one day care, and, then, the 77 structures. Just to note that there is a revised preliminary plat and site plan of June 22nd, '05. And I do have some elevations. These are the multi-family units on the top and, then, the two story structures of the multi-family and the single story structures of the office. This is the plat. How exciting is that. Sorry. This is the one and two lots there. Okay. The Planning and Zoning Commission has recommended approval with conditions and that was at their June 16th, 2005, hearing. There was quite a bit of discussion. So, I have got quite a bit to read to you now. Most of this was in your summary sheet, so I will go over it briefly. But the discussion was there was discussion Meridian City Council July 26, 2005 Page 27 of 72 on whether there should be a private street or a public street. They have changed that to a public street and submitted a revised plan. They also discussed the vehicular circulation with the day care. There is the day care. And cross-access from the church site and the storage site to the private road system. Go to the overall one. Right now the public road comes up to about here and, then, heads west. Another private road continues up and connects with the south end of the storage property. This is the storage property. So, it does provide an access to the rear portion of that storage property. And there is a cross-access provision with the church, which is later on in the agenda, but that's the property to the east. There was also discussion about the addressing of the units. As well as parking and landscaping and whether they would be leased or whether they would be a condominium plat. And, then, also pedestrian accessibility from the common area to the multi-family units. The overall traffic circulation for the mid block on Franklin Road and, then, the Kennedy Lateral status and feasibility of bridging the public road to the west. And that's where that public street comes in. Here it is. This is the whole -- the landscaping plan doesn't reflect the public street now, so I had better go up. Where this public street comes through it does stub. I did want to point out that ACHD did not make it a condition of approval, but there is a specific note to the city, and they state that the applicant, if the city wants them to make this a public street, which the Planning and Zoning Commission did, then, this -- then, the applicant should construct a stub to the Kennedy Lateral and should road trust for one half the cost of the bridge to cross the lateral. And staff does recommend that the City Council make this a condition of approval, because it's not listed as a condition right now in ACHD, it's just a note to the city. The Commission did make several minor changes to the staff report regarding unnecessary conditions. A lot of them are related to revising the site plan. And, then, clarification of landscaping. Also Public Works asked for clarification on the development agreement conditions that the applicant agreed to pay for all sewer, main line extensions to the property, in addition to serve extensions on the property. And that because there is not sewer to the site currently, there is sewer to the north that is expected and I believe is expected to come down Ten Mile as well. And I will let Len answer those questions if you need some answers. We did receive a new layout with the public street, the one that is on before you tonight. And the revised layout also addressed the fire department concerns for accessing the building in the northwest corner of the site right at this little tinny one. The roads do converge up there and they improved the access. So, again, the major outstanding issue before Council is that one that I noted about road trusting for half the bridge. Otherwise, I think staff and the applicant and the Planning and Zoning Commission were able to come up with conditions of approval that addressed almost everyone's concerns. And I will answer any questions you may have. De Weerd: Any questions for staff? Bird: I have none, Mayor. De Weerd: Any comments from the fire department or police department? No? Meridian City Council July 26, 2005 Page 28 of 72 Canning: Madam Mayor, I would add. I think if you had an opportunity to read the staff report or the memo that I did for the Unified Development Code at all, I think this is likely to be one of those developments where the fire department would take -- make use of that ability for them to require a private street on existing developments for the purpose of addressing. I think this is exactly the kind of situation where they would like to have some sort of private street naming ability, so that they can locate these units more effectively. De Weerd: The fire department is concurring with that statement. Okay. Anything further? Is the applicant here? Please state your name and address. McKinnon: Thank you, Madam Mayor, Members of the Council. Dave McKinnon. 735 South Crosstimber. If I have learned anything addressing you guys in the last few years is that keep it short and sweet. We have read the staff report and we are in agreement with it. All the comments that Anna just made we are in agreement with those and we are more than happy to add that condition of approval stating that we would trust for half of the bridge across the Kennedy Lateral and provided a revised site plan that shows that we would bring the public street right to that point and stub out. And the final comment that Councilman Rountree agreed to with the fire department with consensus among, for the private street and adding some naming there so you can address it more correctly. We have no problem with that. And we are in agreement with that. And we would ask for your support and your approval tonight. De Weerd: Wow. That's new. A question for you? McKinnon: Okay. De Weerd: This is prime railroad property with railroad in the back. And certainly I know this conforms to our Comp Plan, but as you know being city staff before, comp plans, there are reasons to change them. And they are not changed in a very timely form. We have a prime freight corridor with that railroad. And I guess my question to you would be, I understand the mixed use and that sort of thing and that the city is starting to shift it's thinking about having residential up against the rail corridor. Why did you make that whole piece -- well, most -- the large majority of that piece all residential? McKinnon: Madam Mayor, Members of the Council, you make some great comments there. You have your Comp Plan and sometimes it's easier to not fight against the Comp Plan and just to go straight with that. The Comp Plan shows this entire area as multi-family. So, that's the direction we went with this is because the Comprehensive Plan directs us to do that. There is a large amount of industrial land further to the west of this project. I'm looking at it on your Comp Plan right now. The large amount of it further to the west in addition to that on the north side of this project. This is all single family along the north. And, then, this triangular shaped piece below, this is also shown as multi-family. Part of the reason the multi-family I believe is located here is we have the Ten Mile interchange that's happening and we are going to have a large amount of Meridian City Council July 26, 2005 Page 29 of 72 service industry at the retail that's going to be generated in this area. It's all in your Comprehensive Plan. It's either commercial or mixed use regional, which means you're going to have a lot of service, industrial, retail. People that work in those industries need to have a place to live. They typically can't afford to live in the single-family rental units. They are a great location for that. So, rather than having a whole bunch of people have to drive to this location like they have to do to Wal-Mart and other such, like St. Luke's, they are providing housing near the service industry. That's another good reason to have that. Immediately to the west of this, this is all zoned as industrial -- not zoned by designated as industrial on your comprehensive map, because I think it's important actually to have this diversity of housing and to have some multi-family housing, it's affordable housing for those people that could be in the service industry. De Weerd: Well, I'm not disagreeing that a mixture is good, but that is, again, prime railroad property and that freight is an important ingredient to the business community. Council just approved a budget request for next year to study this area and see how it connects and what works best for it. And I admit since the Comprehensive Plan was adopted, Councilman Bird and I have had the opportunity to travel that rail corridor with Idaho Northern, who is the leaseholder to that corridor, and it is an important ingredient to the health and vitality of our city. And this is one area that does need to be visited. Another component of riding that rail corridor was seeing residential backed clear up to that -- that rail corridor. I might say that some of the decisions we made to put residential up there seem -- especially when we saw what happened along there and the burning of the fence was quite compelling, gave reason to think, yeah, maybe this isn't the best place for residential up so close. Now, should it be connected because of a future public transportation? Yeah. It should. But should it be a butted to the rail corridor, I think this Council needs to reconsider that and that's what we hope to accomplish in that Ten Mile area plan. That we will be doing this spring or next fall or whenever it's going to happen. So, I guess that is what our Comprehensive Plan showed that those are living documents and they do change. And, unfortunately, when you grow as fast as we have grown, those changes don't change as quickly as they probably should or could. And that's my statement along with the question of why you put residential up against rail corridors. So, Council, do you have any questions for Dave? Bird: I have none. Rountree: I have none. De Weerd: No questions. McKinnon: Okay. De Weerd: Thank you. McKinon: Thank you. Meridian City Council July 26, 2005 Page 30 of 72 De Weerd: Is there further testimony on this application? Okay. If there is no further testimony on this application, do you have any final comment? Okay. Council, do you have any final questions? Bird: I have none. Donnell: I do. De Weerd: Okay. Mrs. Donnell. Donnell: Madam Mayor, I do. Dave, so you really think you can rent those back there with the railroad going through? McKinnon: Sure. Donnell: Sure? McKinnon: Sure. We wouldn't do it otherwise. Donnell: And considering the fact that I have a 90-year-old mother-in-law who lives on the other side of the railroad tracks in a big apartment complex, they haven't had any problem renting it either. I'm not quite sure, Mayor, what your concerns are about. Were you talking about fire or something going to -- did I fall asleep there for a second or something? De Weerd: There was a fire. We were traveling on the rail corridor and there was some kids being very creative burning the fence. Donnell: Oh, I remember that. Which is not unlike when I was traveling along Chinden Boulevard and saw a fire in -- a bush set on fire by the apartments that are right there at -- before you head up the hill toward HP. Kids had set that on fire as well. And it just about took the building down. So, I mean there is going to be those kinds of issues wherever there happens to be kids. So, I'm not quite sure what we are trying to protect there, unless we think that those are going to end up being not very well taken care of, not well maintained, that no one will rent them back there because the train goes by and keeps them awake at night or whatever. I'm not quite sure what we are trying to protect. So, maybe it's not -- De Weerd: Yeah. That's not a question for Mr. McKinnon. Donnell: No. De Weerd: I guess what we are trying to protect is the rail corridor and Anna might tell you that we get a number of inquiries on economic development. And 80 percent of those are industrial that want rail access. That rail corridor is quickly being swallowed up and developed. And we have one opportunity. And you -- we also found that there Meridian City Council July 26, 2005 Page 31 of 72 is a way that you can transition from that rail corridor, which often is noisy and, yeah, they choose to move on it, but it doesn't mean because they move next to a source of noise that they accept that. We have seen that time and time again. I guess the thought is now is looking at preserving it and giving it an opportunity to not only be a source for our public transportation, but also a source for moving commerce and making sure that that corridor is healthy in both regards. And I don't know if a healthy public transportation corridor means that you have housing backed up against it you certainly want to contact people to it, but that doesn't mean they have to live on top of it. And so my point is only that that land is valuable to freight and there is other opportunities to put apartments and higher density living mixed in with those without giving up some prime freight land. And, yeah, this does match our Comprehensive Plan. But does that make it something that -- that shouldn't be considered for another use. No, I don't think so. Mr. Wardle. Wardle: Madam Mayor, just a comment to your comments as far as industrial versus residential. And it appears to me that we are really talking about two separate worlds. I know that some of the valley initiatives are looking towards a mass transit system located along the rail corridor certainly a number of years out. But I -- as I recall, one of the key components to that is having residential within accessible distances for people to be able to use that system and I know that that was one of the key components to making that work. De Weerd: And that's correct, Mr. Wardle. But it doesn't mean they have to be right on top of it. Wardle: My second question would be how viable an industrial corridor or where is the spur located, all of those questions in relation to a light rail system or mass transit system and those are certainly things that were down the road. De Weerd: Well, Mr. Wardle, spurs can be added anyplace and that is one of the things that we did learn along that trip is they can be put in at any point on that rail -- on that rail line as it is today. And, again, it was a very educational experience going down that rail corridor and actually experiencing it and seeing it through their eyes on the freight potential. Now, Idaho Northern has also master planned in the dual use with public transportation. And, yes, you need to have your transit or your depot spots on the rail corridor, but don't have to have your house upon it. You do need connectivity through path systems, that they can ride there by bike or inter mobile type of access, but you don't have to live directly on the rail corridor to do that. And those are lessons learned since we put together the Comp Plan. Any further questions or-- Bird: I have none. De Weerd: Any final remarks, Dave? McKinnon: No. Thanks for your time. Appreciate the comments. Meridian City Council July 26, 2005 Page 32 of 72 De Weerd: Thank you. Okay. Council? Rountree: Hearing no further testimony, I move that we close the public hearings on Items 16, 17 and 18. Bird: Second. De Weerd: Okay. The motion is to close the public hearings from Items 16 through 18. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. De Weerd: Any discussion or do I have a motion? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I have a couple comments. And I have said them before. I don't know that Meridian is in such a situation that we have to hurry into these kinds of things. This particular concept seems to me fraught with bringing it back more and more times to Planning and Zoning and Council with a two lot subdivision with 70 some units on it. That bothers me. We don't have any subdivision lots per se for these units. I can -- we have had these discussions about subdivisions coming back before wanting to identify lots. I have heard that there was some additional consideration that that would -- they would come back and ~ identify lots for condominium sales. I'm not sure that I'm comfortable annexing under those concepts. And once annexed it's difficult for the city to -- control is not the word. Direct what does or does not occur there. I'm not convinced that this concept is the right concept for that piece of future Meridian and probably would vote against a motion to approve. De Weerd: Okay. We don't have a motion. Do we have any further discussion? Or would you consider a motion? Donnell: Madam Mayor? De Weerd: Mrs. Donnell. Donnell: I don't believe I'm going to make a motion, but I am going to make a statement and that is while your remarks are well taken and we talk about a fluid Comprehensive Plan, our Public Works Department, the folks that are doing -- working with the developers, follow that Comp Plan and I don't know how many times I have said to my constituents when they have complained about development that if, in fact, it's included in the Comp Plan, then, that generally is the way things will happen and I guess I have learned on -- being on the Council that that doesn't necessarily have to be the way it is, but, then, I think our Public Works Department needs to clearly understand the Meridian City Council July 26, 2005 Page 33 of 72 philosophy of the Mayor and the Council, so that they can work with developers, so that they don't bring requests forward to us when they know that it probably is not going to be something that we can agree with. De Weerd: That's our Planning Department, not Public Works. Donnell: I'm sorry planning. Sorry, wrong department. Our Planning Department. You heard everything I said right, Anna? Canning: Yes, ma'am. Donnell: Okay. De Weerd: And, Mrs. Donnell, I appreciate those comments and Mrs. Canning was along that tour and that is the recommendation. One of the reasons she brought the recommendation to study that area for this next budget year, since there is not sewer there yet, we didn't realize that we would have these pressures already. So, it just is a timing issue. So, she was well aware of what the potential is along that corridor, but nothing was changed, so -- Canning: And, Madam Mayor, Members of the Council, maybe I should have said something earlier, but in defense of the Comprehensive Plan a little bit, I think at the time that they were drafting it was when rail use was actually going down quite a bit. They did change ownerships and since the change in ownership the rail use has actually gone up. So, when we were planning we were anticipating less freight and more public and more likely to go as a transit line or -- I'm losing words. It must be nearing 10:00 o'clock. But since that time the rail use has actually increased and I think that that's a lot of why you're seeing this -- this needs to update the Comprehensive Plan to match what's going on these days is mostly that. Donnell: And, Madam Mayor, and Mrs. Canning then -- and that is expressed to the developer when they come forward with these plans -- with plans that abut residential development right along the rail corridor? Do they understand that? Canning: Madam Mayor, Members of the Council, Councilwoman Donnell, I don't think that this applicant was -- I've had another site where I have expressed that to the applicant, because I don't think they have been able to blend their project into the commercial and industrial uses on their other site. But this is more of an open field and we didn't -- we didn't discuss that issue when they first came in. Donnell: My concern -- follow up? -- is -- and I'm not trying to throw a tantrum here, but is that I hate to see folks waste their time. And you know -- and that's why I think that it needs to be clearly laid out what will and will not be accepted through Planning and Zoning and, then, when it gets to the Council. r think it's a lot of time and money wasted when they come forward with something that isn't going to be accepted. So, that was my statement. Meridian City Council July 26, 2005 Page 34 of 72 Canning: And, Madam Mayor, Members of the Council, no one's accused me of being anything except blunt, I believe, when they come in the door. So, I mean we do try -- I think this one has actually been in the loop longer than it -- than you would think. It's taken awhile to get to you all. So, I think a lot of those railroad concerns weren't on our radar at the time that they initially came in for application. De Weerd: Yes, they were starting to develop, and it is unfortunate. But, again, I only give you these comments, because we have one chance to do things right and I appreciate the -- unfortunately, the timing of the master planning and that area is not conducive to this application. Any further comments? Mr. Wardle, did you have something? Wardle: Not at this time. De Weerd: Okay. Okay. Well, do I have a motion? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we deny annexation and zoning request as identified in Item 16. Bird: Second. De Weerd: Okay. I have a motion to deny Item 16. Is there any discussion? Mr. Berg, roll call attendance. Berg: Roll call vote. De Weerd: I mean -- I'm sorry. Roll call vote. Rountree: We are still maybe all here. De Weerd: I don't know. Bird: I don't know if we are all here. We are present. Roll-Call: Bird, aye; Rountree, aye; Wardle, nay; Donnell, nay. De Weerd: And I would vote nay. I mean aye. Sorry. Rountree: Are you here? Bird: Are you here? Meridian City Council July 26, 2005 Page 35 of 72 De Weerd: No. I'm still waiting for attendance. Bird: That must be the woman for you. De Weerd: I am in favor of the motion to deny. Berg: Motion passes, which denies annexation, which Findings will have to be prepared such. Rountree: Findings will have to be prepared to indicate the denial. MOTION CARRIED: TWO AYES. TWO NAYS. MAYOR AYE. De Weerd: Mr. Nary, do you -- Nary: Madam Mayor, Members of the Council, yes, I -- we will prepare an order -- an order to that effect that we will have on your next agenda moving to deny, because it's not in the best interest of the city with what J perceive from the discussion. And if that's incorrect, then, you can correct me, but that was what the basis for denial of annexation and there will be an order corresponding with the other preliminary plat and CUP, since an annexation was denied. De Weerd: Is that correct, Mr. Rountree? Rountree: That's correct. De Weerd: Mr. Bird? Bird: Yes. De Weerd: Okay. So, do we need a motion on items 17 and 18? No? Okay. Item 19 is a Public Hearing AZ 05-023. I will open this Public Hearing with staff comments Canning: Madam Mayor, Council, don't they have to take action on the other ones? don't think they just drop them, usually. Nary: Madam Mayor, Members of the Council, I guess they are moot for the purpose of -- there is no point making a motion. The order will reflect all three of the applications. Canning: Okay. Nary: So, we will reflect the final action on all three applications. They don't have to make a motion or vote on it, since once they haven't annexed, they -- they can't approve the other two. But the order that we will prepare will reflect all three applications. Meridian City Council July 26, 2005 Page 36 of 72 Canning: Okay. Thank you for that clarification. I'm sorry. Just a moment. The next item the applicant wants me to ask you to clarify. It's certainly what would be appropriate on the property. If you would like me to continue with the next application I will. Rountree: Please. Canning: Okay. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I will give my reasons for the yea vote on the turn down. I think it's just too dense. The density that we are getting anymore is going overboard I feel. I also feel a lot like the Mayor does regarding the corridor. But I also believe in property rights, somebody doing something. But I think -- I don't think we are doing the city a favor of putting that kind of density in all over. It seems like, David, that we are getting more -- more and more of that density. I was a real big advocate of getting rid of the R-4 classification that we had for years and years and years in Meridian, Idaho. I'm not to sure we shouldn't go back to it for awhile. That's my biggest reason. Rountree: I have stated my reasons. De Weerd: Well -- and I know you already heard my little dialogue on that freight corridor. I guess I'm more curious -- this whole area is going to break open and I would like to see how it's all going to work together. This is -- this is going to be very intense. And I -- you know, the interconnectivity, the ditch that you have running along the west side of it, how that will connect to the neighbors to the west, how it's all going to flow together. And, you know, the density of that in the middle of a commercial and industrial area, I guess I would like to see a master plan, so we can make sure that the connections with the traffic and where you will have to make a road, the circulation of traffic when you put that kind of high density, where is it going to go. Right now it only has one point. And so I would like to see a plan. And I guess that's where. I was coming from. And some transitioning from that corridor, so - Item 19: Public Hearing: AZ 05-023 Request for Annexation and Zoning of 39.47 acres from RUT to C-N zone for Cherry Lane Christian Church by BRS Architects - NWC of Ten Mile Road and Franklin Road: Canning: Madam Mayor, Members of the Council, Item No. 19 is an annexation and zoning request for the Cherry Lane Christian Church. It's located at the northwest corner of Ten Mile and Franklin immediately east of the former application. It is an annexation of 39.47 acres with C-N zoning. I just want to go over some of the highlights of the proposed development agreement. This is the conceptual layout of the site at this time. Here is Ten Mile Road. And we have a whole lot of parking and, then, the Meridian City Council July 26, 2005 Page 37 of 72 church is in the -- basically at the north end of the site. There is a natural feature here the Ten Mile Drain that divides it. They would be putting a footbridge to connect to some recreation fields. And I believe there is a caretaker's house. And, then, an existing city facility that would still maintain access here in the triangular portion. The DA -- the development agreement conditions associated proposed with this annexation are that any new structures be generally compatible in appearance in bulk with the surrounding residential properties as determined by the detailed plan development. And also that the proposed uses include a private school with childcare, church, and administrative offices. They wanted to make sure that the applicant informed the Council of any other uses through the planned development process, if they were to be asking for those, the detailed planned development, and the applicant agrees to provide cross-access to the parcels to the west and north prior to issuance of any certificate of zoning compliance on the property. And that accesses are limited to those approved by ACHD. I think there is a little bit of confusion about this on the part of the applicant. I think ACHD has only -- in my understanding is that they have only agreed to the single point of access here. That all the others would be reviewed after the church submitted a detailed traffic analysis plan, then, they would consider all the other access points that have been prepared and there are a significant number of those access points. But at this time I believe the only one that they are really approving was this one that would be shared with the Silver Oaks property here to the west. I pointed that out almost more as a clarification for the applicant than for Council, because I had heard that there was a misunderstanding on that issue. Sewer is currently not available to this site. We don't have elevations for the proposed church. The Planning and Zoning Commission has recommended approval with the development agreement. The key issues of discussion were the vehicular access and cross-access to Ten Mile Road and Franklin Road, future uses, and the extent of the project. The cross-access required for emergency access from the north and the west. And, then, the multi-use pathway along Ten Mile Creek or Ten Mile Drain. I would ask that if Council is considering approving this application, that they add a condition to the development agreement. I read you that one about the detailed planned development. It's a little unclear that we have actually required that they come in for a detailed planned development before they get approval for any building on the site. So, we would ask that you add a condition stating that the applicant shall submit a detailed conditional use application for the site either as the whole site or for individual uses on that site. Originally, they had talked about doing some pads out front for commercial development. So, I don't know if they are prepared to do that with the timing of the church construction. So, this is in the same area of the previous discussion. So, I will answer any questions you might have. De Weerd: Council President Wardle, I will turn this meeting over to you. I am a member of this church and don't -- Wardle: Thank you, Madam Mayor. Canning: I didn't have anything else, Council President Wardle. You're looking at me like you want me to tell you something. Sorry. Meridian City Council July 26, 2005 Page 38 of 72 Wardle: Would the applicant please come forward? If you will state your name and address for the record, please. Woodard: My name is Larry Woodard. I am one of the associate ministers there. My address is 1701 Almaden in Meridian. Wardle: Thank you. Woodard: I just have a few brief comments on our request for annexation and rezoning. First of all, many of you have visited our current facility on Cherry Lane and we have been active with your police department and other groups. And we just think that, eventually, if we get to this point that we will provide another facility that will provide anymore community accommodations. We have worked closely with your Planning and Zoning Commission. And we basically are in agreement with the report. We have agreed to sell a lot up in this corner to the city for a well site. The initial test well has been drilled. And I see on your agenda tonight that you authorized some more studies in connection with Well 27 as part of your consent agreement. We have already met with your city attorney regarding the development agreement that would follow. And we are prepared to go forward after this meeting. A couple of things we just want to clear up is on page two of Exhibit C, it talks about landscaping along Meridian and Ustick Road. And I think that should read Franklin and Ten Mile. Rountree: That's closer. Woodard: That's closer. Yeah. And just for the public record our annexation and agreement is going to oe over an extended period of time, because we will build out there as funds become available. So, we could be adding structures for 10, 20 years or shorter. Or even longer. And we fully understand it as we need -- as we come in for these various building permits, we will need to comply with the recommendations of staff. We want to keep open the possibilities of some residential use out there, because this existing house could become unusable when they widen Ten Mile to five lanes and we just got to have some eyes and ears on the property of this size. So, we just want you to be aware of that. And we will come back if we decide to move it or build another facility. As was mentioned, you know, the -- could we have a larger picture that shows - - there we go. All the rumors now swirling around this site here makes us wonder about some of the commercial opportunities along here. And although we are pestered by people all the time for this, our thought is that we may come back at some point and as part of our ministries have book stores, restaurants, health clubs, and so forth along Franklin. And so, again, we will come back for that. One other area of clarification is that the staff report left us a little confused about a trunk line -- sewer trunk line that's supposed to cross -- here we go. Basically, east to west and, then, run up our west line and under the railroad. It was our understanding at P&Z that that would be a city constructed line and that's what the testimony says at P&Z, but the staff report would seem to indicate we are responsible for that. So, we would like to have some clarification on it. I draw your attention to page two of Exhibit C, the last sentence. And, then, the staff report indicated that neither Franklin or Ten Mile roads were in the ACHD Meridian City Council July 26, 2005 Page 39 of 72 five-year plan. They are both in the five-year plan, but the Ten Mile is the only one that has a fixed date that is actually going to happen. And that's in 2007. And so we have had a traffic study completed. We have submitted it to ACHD. And this past week they granted us -- go back to the site plan again. They have granted us four access points along Ten Mile, all four that we asked for. And they have granted us three points along Franklin Road. They did not approve this one here. So, we got three of the four on Franklin. You mentioned on page one of Exhibit C our primary planned facilities, which are the main church facilities and administrative offices. I would just like to add for the public record that we do envision recreational facilities and maintenance facilities over on this 3.5 acres. And so with that we are in agreement with the staff report and -- (End of tape one.) Wardle: -- A clarification from Public Works. I believe the applicant had a question about the sewer trunk line. Grady: Councilman Wardle, Members of the Council, yeah, we did have a city project planned to take sewer down through the Franklin and Ten Mile intersection to coordinate with ACHD's paving of that intersection. And that was scheduled to be completed in 2007. It -- just prior to their paving that project. So, we are proceeding along those lines. Now, Silver Oaks is considering bringing that down as part of their project, too, realizing that got denied. So, that's the confusion is we had always intended to bring that down just prior to 2007, so -- Woodard: And so, if I understand you, that is still a city project that runs east and west across the church prope~rty? Grady: Well, we are in the process of designing that as we speak. Woodard: Right. And you plan to build it in 2007? Grady: Well, we are in the process of negotiating easements with various landowners, including you, and the exact path of that hasn't been determined. Woodard: Okay. Grady: So, JUS has been in contact with you and several other landowners in the area and it is our intention to somehow get that sewer down through Franklin and Ten Mile. Woodard: Okay. And it's always been our understanding that we would, then, be responsible for hooking to that with any lines from our facility. Grady: Yes. Depending on the final route of that. Woodard: Okay. Meridian City Council July 26, 2005 Page 40 of 72 Wardle: Council, any other questions for the applicant? Bird: I have none. Rountree: Mr. President. Did I understand you that at some future date you will be coming back to the city to re-subdivide and possibly either build or sell lots and if that's the case where would those be located? Woodard: We have no plans to sell any portion of this for re-subdividing. We do envision possibly some ministry functions that would include commercial type facilities on our property. Rountree: Follow up? Wardle: Mr. Rountree. Rountree: You mentioned the residential, the dwellings out there now. Woodard: Yes. Rountree: At some point in time in the future, it may be displaced by the widening of Ten Mile, but you said something about replacing it. What do you have in mind with that? Woodard: This is an older home that we re-remodeled and if the plans are such that we are going to have to move that or tear it down, we will have to come to that decision and what I'm pointing out is we may either move it up here along Avest or build a different facility, but we got to have some eyes and ears on that property. Rountree: Follow up. And you intend to use that as a residential dwelling? Woodard: Yes. Uh-huh. In other words, we would have staff live right in it or -- a caretaker, groundskeeper, something of that nature. Donnell: Mr. President? Wardle: Mrs. Donnell. Donnell: Is that required, numbers of parking spaces, or do you just anticipate that you would use all of that parking? Is your congregation so large that much would need to have the parking for -- Woodard: Initially, the parking would encompass just this area here. We are a congregation of about 1,200. We -- quite honestly, we intend to double our initial size when we build. And it could go up to seating for 4,500. Meridian City Council July 26, 2005 Page 41 of 72 Donnell: Remind me not to ever go along Ten Mile Road when you're letting out of-- Woodard: On Sunday morning. Donnell: -- church there. So, with that possible -- follow up, Mr. President? Wardle: Mrs. Donnell. Donnell: With that possibility of that kind of congregation is that much parking required? Oh, let me add onto that. And, if so, then, there would not be any possibility of them being able to use some commercial use like a bookstore or something. Canning: President Wardle, Council member Donnell, I'm not sure that we calculated an ultimate. We would have had to have specific numbers on the number of auditorium seats, plus the gross floor area for the administration building, plus the number of elementary classrooms -- I'm not sure we have the exact information we need to get an exact parking count. For that reason, staff did put the current parking requirements in the special considerations for the annexation and zoning, but it doesn't give an ultimate required number. So, typically, though, our parking requirements tend to be less than what folks want to do and I would guess that this is the case of that as well. Wardle: Anna, let me clarify your staff recommendation to bring forward a detailed conditional use. Does that include the current site plan that we have to bring that forward for detailed conditional use or for anything outside of this plan? Canning: Well, we haven't received elevations along with this. So, it was including this use, because I don't -- we really don't have very much specifics on the proposed uses at th is point. Wardle: Okay. And part of the parking requirements that Mrs. Donnell is referring to would be included in that conditional use process. Canning: Correct. Wardle: Okay. Thank you. Rountree: Mr. President? Wardle: Mr. Rountree. Rountree: I have a question for Anna. Is residential use allowed in the C-N? Canning: President Wardle, Members of the Council, Councilmember Rountree, if you call it a caretaker unit it is. It's kind of an accessory use to a standard commercial unit and there are a lot of commercial buildings that may not have someone living there, but there is someone there all night, so -- Meridian City Council July 26, 2005 Page 42 of 72 Rountree: Thank you. Canning: I think that that's how we have always discussed it was a caretaker dwelling. Rountree: I know it's been an issue in the past and I just wanted to make sure that it doesn't become an issue. Wardle: Thank you. Woodard: Thank you. Wardle: Is there anyone else who would like to testify on this application? Grady: President, I have just some clarification I need as far as running this sewer down through this property. Do we have the authority to have them grant us easements, so that we can get to and through? In other words, we may -- we may end up having to go through their property and we might get ourselves in a situation where we not only have to build it, but pay for it. And I don't know what our authority is there. Wardle: Mr. Nary. Nary: Mr. President, Members of the Council, I think -- I think most of the time in the past and I -- maybe Mr. Grady can correct me, but we have a policy as to how we acquire easements and trying to -- as we are in the design phase, Mr. Watson normally, if there has been a question or an issue, has brought that to the Council, because of a particular property owner's concern whether to reroute that or needing specific additional direction from the Council. But, otherwise, I think they followed a policy internally on acquiring those. So, I don't know that you need a separate direction tonight. Grady: I would agree, other than in this particular case they are both sort of happening simultaneously. Normally, if this were bare land we would have to go purchase easements. He's in the process of going through the development at the same time. Nary: You wanted that as a condition of approval, is that what you're seeking? Okay. Then, that was my misunderstanding. So, if you wanted that included as part of that, that they would work with the staff on Public Works on acquiring easements and things and such, I think that's a condition we put in before. Canning: Mr. President? Wardle: Anna. Canning: Just to put words in our new city engineer's mouth, perhaps. Since this is a development agreement, could it be a condition of the development agreement that the Meridian City Council July 26, 2005 Page 43 of 72 applicant provide easements to the -- for the purpose of routing that sewer easement or that sewer line? Nary: As long as you're going to pay for it. Wardle: Would the applicant like to respond to staffs additional condition? Woodard: Well, we have worked closely with JUB on the route and it's shown on our plan here and that is this right here. We have always been in agreement to grant such an easement if it were presented to us, but we -- it is not. Wardle: Thank you very much. Council, any further comments? Bird: I have none, Mr. President. Rountree: None. Bird: Mr. President, I would move we close the Public Hearing on No. 19. Rountree: Second. Wardle: It's been moved and seconded to close the Public Hearing on Item No. 19. All in favor? MOTION CARRIED: ALL AYES. Donnell: Mr. President? Wardle: Mrs. Donnell. Donnell: Prior to a motion being made on this application, help me to understand, either Councilman Bird, Rountree, or Wardle, how this is different than the development that we denied when we didn't have better plans for the corner of the property. Do you remember the one I'm talking about? I think just last week. And we denied it, because we didn't have any real firm idea of what this was going to be. It was all conceptual. Is this the same? Is this conceptual or would you look at this as being more defined than what we have denied in the past? Bird: This was on the 12th. I can't remember. I wasn't here. Rountree: Oh, I will give a run at this. Donnell: Okay. Rountree: The previous one, which was two weeks ago, I believe, was a subdivision. I believe we are going to reconsider it with additional information. There was no Meridian City Council July 26, 2005 Page 44 of 72 indication of what the use was going to be. There were no elevations. There was no idea that that was what the subdivision was really going to look like. And I think there were five lots. Donnell: They were office buildings, weren't they? It was on the corner of Meridian and Ustick. Rountree: Maybe. I'm not sure that we saw any landscape plans, no particulars as it related to the subdivision. This is -- Donnell: Isn't a subdivision. Rountree: -- this isn't a subdivision. From the testimony we received I thought it was originally, but, apparently, it will not be. Donnell: Okay. Thank you. Rountree: We can handle the concern for design based on asking for a detailed development plan, conditional use, to be submitted; correct, Anna? Canning: Yes. Rountree: And that certainly is a concern. So, I guess that's the observations I would make is between the difference in the two. Donnell: Okay. Thank you. Rountree: Does that help? Donnell: Uh-huh. Rountree: Okay. Canning: President Wardle, to clarify the record, you did approve the Findings for that project last week. You reconsidered and approved them last week. The last time you met Donnell: Was I not here? Nary: Mr. President. You're talking about Dr. Price's -- they reconsidered it and reset it for a new-- Rountree: Reset it for a new hearing. We did not -- we have not heard it yet. Canning: I'm sorry. Meridian City Council July 26, 2005 Page 45 of 72 Donnell: I didn't think we had. Wardle: Council, we have closed our Public Hearing. I will -- Bird: Mr. President, I will -- Wardle: Mr. Bird. Bird: -- make a motion here. I move that we approve AZ 05-023, Cherry Lane Christian Church on Ten Mile and Franklin Road, and to incorporate -- and to incorporate new Findings with the addition of staff and applicant's comments and public testimony tonight. Wardle: I will second that, if it specifically requires detailed conditional use as outlined in the staff comments. Bird: That was in the staff comments. That's why we are doing new Findings. Wardle: Second. Nary: Mr. President? Wardle: Mr. Nary. Nary: I think this is a comment, but just to be sure that what your intention is for Councilmember Bird, addition to the development agreement besides the detailed conditional use would also be to provide easements through the property for the sewer extension. Bird: The applicant -- Mr. Nary: And the applicant was in agreement with that. Bird: He was in agreement with it and he stated it. Nary: All right. Bird: That was part of his testimony. Wardle: It's been moved and seconded to approve Item No. 19. Mr. Clerk, will you, please, call roll. Roll-Call: Bird, aye; Rountree, aye; Wardle, aye; Donnell, aye. Wardle: Thank you. Motion carries. Meridian City Council July 26, 2005 Page 46 of 72 MOTION CARRIED: ALL AYES. Wardle: We are going to take a five-minute recess. (Recess. ) Item 20: Public Hearing: RZ 05-007 Request for a Rezone of .13 acres from R-8 zone to 0- T zone for Meridian Counselina & Wellness Center by Ruth & Jeff Ulmer - 934 East 5th Street: Item 21 : Public Hearing: CUP 05-028 Request for a Conditional Use Permit for a counseling and massage therapy center in a proposed O-T zone for Meridian Counselina & Wellness Center by Ruth & Jeff Ulmer - 934 East 5th Street: De Weerd: Okay. I will go ahead and open up the Council meeting and we are on Item 20 and 21, public Hearing RZ 05-007 and CUP 05-028. I want to make sure I wasn't forgetting something. I will open those two Public Hearings, 20 and 21 r with staff comments. Canning: Madam Mayor, Members of the Council, this project is for the Meridian Council and Wellness Center. It's located at 934 East 5th Street. And it might not be easy to spot, but it's that parcel right there. It is a request for a rezone and a Cond itional Use Permit. The rezone is of .13 acres. And, again r it's a little difficult to see. It's right there. And the rezone would be from R-8 to Old Town. And, then, the CUP is for a Counseling and Massage Therapy Center in Old Town zoning. The existing structu re is 2,412 square feet. And there is just one structure. Access would be from the north end of the property into a small parking lot behind the existing home. Currently faces towards 5th Street. This is some photos of the existing home. The cross street is State Street. The police department is trying to figure out what this cross street was, so it is 5th and State Street. Okay. Going back up. As with many of the developments that occur in the Old Town zoning, the applicant is requesting alternative compliance to address the required buffer between land uses. Twenty feet is required. They are only able to provide about two feet on the east. It says seven feet here on the east. And seven feet on the south. They have -- staff has recommended that for that alternative compliance they provide a six-foot solid fence and additional trees in lieu of the required area. The Planning and Zoning Commission has recommended approval. They conducted a Public Hearing on June 16th, 2005. And their key issues of discussion were appropriateness of a business in the proposed location, which is currently surrounded by residential properties, the type and number of clients to be treated at the proposed business, and the limits on the hours of operation. As a result of those hearings, the Commission added conditions regarding the hours of operation and they limited them from 6:00 a.m. to 10:00 p.m. They also added conditions stating that the Conditional Use Permit is granted only to the current applicant and should become null and void upon transfer of the property. Ruth Ulmer spoke in favor of the application. Susan Dodds spoke in opposition. The outstanding issue before Council Meridian City Council July 26, 2005 Page 47 of 72 tonight is whether this is appropriate zoning at this time. Although the Comprehensive Plan designation does show this as Old Town, there is some question when the nearest other Old Town zoning is down here along the railroad use area. And, then, this orange over here is the Old Town. So, the nearest commercial use I believe is here in the R-15 and the nearest commercial zoning here in the orange and that small property there along where the heavy industry is. So, though it is consistent with the Comp Plan, the one outstanding issue is whether the timing is correct. So, with that I will answer any questions. De Weerd: Council, any questions? Donnell: No. Bird: I have none. De Weerd: Okay. Is the applicant here? If you will, please, state your name and address. Ulmer: My name is Ruth Larsen Ulmer and I live at 670 South Clearwater Lane, No. 204, Boise. 83712. De Weerd: Thank you. Do you have any comment? Ulmer: No. De Weerd: Do you agre-e with all the staff comments? Ulmer: Yes, I do. De Weerd: Okay. Council, any questions for the applicant? Bird: I have none. Rountree: None. De Weerd: Okay. Ulmer: Thank you. De Weerd: Is there anyone who would like to provide testimony on this application? If you would, please, state your name and address. Rizzario: Yes. Mayor and Council. My name is Fred Rizzario. I live on 1012 Kathy Lane, Meridian. De Weerd: Thank you. Meridian City Council July 26, 2005 Page 48 of 72 Rizzario: Actually, it is East 5th Avenue to be exact, not East State Street. So, I live at the actual dead end cul-de-sac. Donnell: Can you use the pointer, sir? Rizzario:Certainly. Right there. De Weerd: Okay. Rizzario:Yeah. And that is East 8th Avenue. My concern is actually -- and I need to find out a little bit more information about the actual counseling, because we -- actually, have -- I guess I don't want to specify -- we actually have a -- what do you call it, designated sex offender in the block, so that's caused me some concern. But I don't know what type of counseling or who is going to be coming. Another concern was traffic. As it is there is no stop signs, yield signs, or anything on there and as it is, traffic is pretty rough there because of the subdivision that comes down this way. So, there is a lot of traffic going down that way. De Weerd: And those are apartments to the north? Rizzario: Yes. Right. De Weerd: Okay. Rizzario: Up on the north. It's the whole housing. It's all housing. Also what I -- also caught my attention was the Old Town designation. About two years ago I was here with your predecessor and we had actually discussed the Old Town where I believe was going all the way to Five Mile Creek, which is right here. The reason why is I actually own the oldest parsonage in Meridian and it's one of your history buildings, so -- historical buildings. It's not on an historical site, like the historian stated at that time, because it was moved there back in '89. But, nonetheless, it's still -- the building's intact the same way so -- and we have kept it that way. And, you know, so that's what brought me here was trying to figure out the old zone. I thought that was pretty much already done and there is confusion on did it get re-designated or has it been changed or anything like that and, of course, then, my concern with safety and security with children. I'm in the profession of -- I work over at Job Corps in Nampa. So, I deal with a lot of the counseling and students and things like that, 16 to 24 year olds, so this brought up some concern with having -- I don't know the actual designation for sex offender, but it's there and we know he's there, so that causes me some concern being so close and, of course, having a type of service industry within all the residential area. De Weerd: Well, we will ask for clarification on the type of counseling as well. Rizzario: Thank you very much. Meridian City Council July 26, 2005 Page 49 of 72 De Weerd: Okay. Thank you, sir. Is there any other testimony on this application? Okay. Would the applicant like to respond, please? Ulmer: I answered a lot of these questions when I went through the Planning and Zoning and the County Commissioners. We do not see pedophiles at my location. I will not be leasing my office spaces to anybody who sees pedophiles. I will not be leasing my office space to anybody who deals primarily with people who are drug addicts and alcoholics. And that is why they tied the Conditional Use Permit to me and myself only. So -- and there is pages of testimony regarding pedophiles at the last meeting. Yes. De Weerd: Okay. So, what kind of counseling, then? Ulmer: I do children, adolescents, and families. So, I see children who have ADHD, depression, anxiety. Children who don't want to go to school. I want to hire or not hire - - excuse me. I want to lease my office spaces to massage therapists. I want to lease my office space to nutritionists who see people who are a little over weight and need to lose weight, people who have eating disorders, that kind of thing. So, pedophiles are court ordered that see therapists on Medicaid. I have no desire to see those kind of people and I'm not going to rent my office space to anybody who sees those kind of people. So, not an issue. De Weerd: Okay. Council, any questions? Bird: I have none. De Weerd: Thank you. - Ulmer: And I also in terms of the traffic, I also plan on trying to get all of my clients and everyone to come down Pine Street, so I really don't want to have everyone come down State Street, because I am very aware that there is the unmarked intersections. So, I do plan on having people use Pine Avenue -- yeah. Pine Avenue. So, hopefully, that will answer that question also. De Weerd: Okay. Thank you. Canning: Madam Mayor. Members of the Council, would you like me to comment on the question about the Old Town zoning? De Weerd: Yes. Canning: Staff did initiate a mass rezone of all the properties within the Old Town designation to Old Town. The consensus at the Public Hearing was -- at the time wasn't right, because the restrictions on the Old Town zoning were so heavy in that there was no principle permitted uses on the -- but at the time there was no design guidelines on, there was just no clear benefit to anyone to go ahead and get that Old Town zoning at that point. We have recently discussed about when it would be appropriate to bring this Meridian City Council July 26, 2005 Page 50 of 72 issue back. And what we had talked about and what is in my strategic plan for next year is to get design guidelines adopted, get the new provisions of the Unified Development Code in place, and work on some residential design guidelines for Old Town and at that time it would be appropriate, we might have the downtown design guidelines and, then, some defined areas for the residential guidelines. So, this could be in -- I guess what staff is anticipating is that you would have a kind of a layering or concentric ring of uses, even though it all has the Old Town zoning, is that you would see mostly the downtown core would have a lot of the more intense retail uses and, then, lessening out toward office and, then, residential. Residential is still planned to be one of the primary uses within the Old Town designation. It just tells you where staff is headed with that whole issue. De Weerd: Okay. Rountree: So, if I might follow up on your question to Anna's information. This is or is not designated in the Comp Plan as Old Town? Canning: It is not. It was aborted at the hollering of almost everybody that was there, I believe. De Weerd: Okay. Hold on for a moment. Did you have a question? Wardle: Madam Mayor, I have a question for the Police Chief. And just ask him to comment given the public testimony of I believe the presence of a registered sex offender and any concerns with what is -- has been terminologized as a child counseling center within that vicinity. Chief. Musser: Madam Mayor, Councilman Wardle, Members of the Council, when it comes to the registered sex offenders, this question seems to come up in a multitude of ways. And unless that registered sex offender is currently on probation, there is an assumption that they are an everyday type citizen and the information is out there for public awareness only. And we don't have indications of anybody that is actively a pedophile or predator in that instance. And if they are registered, then, they are making the appropriate steps under the law. It's the ones that don't register or that are currently on probation that are more of a concern. And to my knowledge this one does not fit any of those categories at this time. Wardle: Thank you. De Weerd: Thank you. Does the applicant want to make a statement? Or have a question? Ulmer: When I purchased the property I went straight to Planning and Zoning and asked what zoning I was in and I was told R-8 and I was told immediately that I was in the Comp Plan for Old Town. And so I stated my plans on what I was going to do with this building and I was stated, well, you're in the Old Town Comp Plan, that shouldn't be Meridian City Council July 26, 2005 Page 51 of 72 a problem. And so I have never -- I am under the assumption now that it's no longer in the Comp Plan for Old Town? Canning: Madam Mayor, Members of the Council, that is not what I was saying. Ulmer: Okay. Canning: It's still Comp Plan -- it's still Old Town in the Comp Plan. I was just trying to clarify that where we are headed was to have some different design guidelines for different areas. Ulmer: Okay. De Weerd: So, in the Comp Plan this is designated within the Old Town boundaries. Canning: Correct. De Weerd: Where are the Old Town boundaries? Canning: There is one of the other neighbors testified -- the boundary right close by here is here and, then, it jogs over a little bit. Let's see. It comes up, but it gets those and, then, it comes back down and goes -- looks like -- something like that. And, then, it comes down from there. So, it goes approximately like this. De Weerd: That's a really odd boundary. Canning: It's right -- about I could do is put the laser pointer right there, so -- Donnell: Which part again, Mr. Nary? Nary: This part right here -- Donnell: What color is that? De Weerd: That's brown. Rountree: So, it's already zoned Old Town. Donnell: The light brown? De Weerd: It's designated -- Nary: This part -- madam Mayor, Members of the Council, this part right here, this is a pathway that follows that creek right along there. De Weerd: Okay. Is this clear as mud? Meridian City Council July 26, 2005 Page 52 of 72 Donnell: So, it is or is not? Is this property in Old Town -- so, the request for it to be zoned for Old Town, but it is in the potential Old Town area? Okay. Canning: Now, is that a little bigger? Donnell: Yeah. Canning: Okay. Donnell: That's good Canning: The confusion lies in that we have a Comprehensive Plan designation that's exactly the same as the zoning designation. [understand what's going on now. So, it is in the Old Town Comprehensive Plan Designation. The property is just about right there. De Weerd: Okay. Canning: It is not currently -- it does not currently have Old Town zoning. That is the request that is before you tonight is for the Old Town zoning. Donnell: Okay. Got it. De Weerd: Okay. AnYfurther questions? Bird: I have none, Mayor. Donnell: No. De Weerd: No? Okay. Any further testimony? Okay. I would entertain a motion to close. Donnell: Madam Mayor, I make a motion that we close the Public Hearing? De Weerd: That is 20 and 21? Donnell: On 20 and 21. De Weerd: Okay. Thank you. Bird: Second. De Weerd: Okay. Motion to close Items 20 and 21. All those in favor say aye. All ayes. Motion carries. Meridian City Council July 26. 2005 Page 53 of 72 MOTION CARRIED: ALL AYES. De Weerd: Do we have any discussion? Do I have a motion? Donnell: Madam Mayor, I'd like to make a motion that we approve Item No. 20, RZ 05- 007, and to include all staff comments -- and do we go with the next one, too? Bird: No. Donnell: Or just that one? Bird: Is that including the Findings? Donnell: It absolutely did. Bird: Second. Donnell: Didn't I say that? De Weerd: Okay. The motion is to approve Item 20. If there is no further discussion, Mr. Berg. Rountree: Given my history on these particular items, I have to explain my vote to approve. Because it currently is already an R-8, which would allow this kind of activity. Were it some other zoning, I probably would vote to deny. Bird: So, what is your vote? Rountree: Aye. Bird: Okay. Roll-Call: Bird, aye; Rountree, aye; Wardle, aye; Donnell, aye. MOTION CARRIED: ALL AYES. De Weerd: Okay. Thank you. Item 21. Donnell: Oh. Madam Mayor? De Weerd: Mrs. Donnell. Donnell: I would like to make a motion that we approve CUP 05-028, request for Conditional Use Permit, and to include all staff findings and all what is it -- what to you -- what do you say, Findings of Fact -- Findings -- and to include all Findings. Meridian City Council July 26. 2005 Page 54 of 72 Bird: Second. De Weerd: Is there any discussion? Rountree: She's getting so good. De Weerd: The motion is to approve Item 21. Mr. Berg, will you call roll. Roll-Call: Bird, aye; Rountree, aye; Wardle, aye; Donnell, aye. MOTION CARRIED: ALL AYES. Donnell: Madam Mayor? De Weerd: Yes. Donnell. Donnell: Before we go on, I just have to say I'm really making a real mess of everything considering that one of my bosses is in the audience tonight. De Weerd: One of your bosses? Donnell: Yes. So, I hope that I'm duly impressing him. One of my bosses. Rountree: He wouldn't want to be up here. You're already ahead of him. Donnell: I have five bosses. Is that how many I have, Matt? Five? There is five of you. They hired me. They will fire me. So, J'm headed in that direction; right? Item 22: Public Hearing: PP 05-022 Request for Preliminary Plat approval of 4 buiJding lots and 1 common lot on 1.74 acres in a L-O zone for Woodpenn Subdivision by Pennwood III, LLC - 429 SW 5th Avenue: Item 23: Public Hearing: CUP 05-030 Request for a Conditional Use Permit for a commercial Planned Development on 1.74 acres in a L-O zone for Woodpenn Subdivision by Pennwood III, LLC - 429 SW 5th Avenue: De Weerd: Items 22 and 23 are Public Hearings, PP 05-022 and CUP 05-030. I will open these two Public Hearings with staff comments Canning: Madam Mayor, Members of the Council, this project is WoodPenn. It's located at 429 Southwest Fifth Avenue. It is a request for four building lots and one common lot on 1.74 acres In an L-O zone. You can see here that it currently has the L- o zoning. The planned development that accompanies it is to approve the frontage requirements for the two rear lots. When I show you the site layout you will see why. So, here is Fifth Avenue. Here is Woodpenn. You come into the site, this building -- two buildings at the front and, then, two buildings at the rear that do not currently have Meridian City Council July 26, 2005 Page 55 of 72 frontage. So, they have done the Planned Development application. And as part of that they have proposed as amenities a plaza and the landscape berm, which I'm not seeing right away. So, maybe the applicant can point out where that is. And a picnic table and approximately 2,200 square feet of open space, which is 29 percent of the site, I think it shows up a little better here in the landscape plan. I think this is the -- here we have the berm and the plaza area. Here are the -- some of the conceptual elevations. And this is an aerial view or bird's eye view looking down on it. A little bit like roof tops from up here. The total square footage of the proposed structures is 22,000. And, then, again, there are just four of them. P&Z has recommended approval with conditions. And they, again, heard it at their June 16th meeting. And no one spoke in opposition to the project. There is no key issues of discussion. And there are no outstanding issues that we know of before Council. De Weerd: Thank you. Any questions, Council? Donnell: No. De Weerd: Any comment from the applicant? If you will, please, state your name and address. Newton: Matthew Newton, 25370 Volendam in Caldwell. De Weerd: Now, do you need to abstain if your job is threatened? Donnell: Probably. Newton: If I could clarify myself. I'm a member of the Pennwood III, LLC, with the least amount of leverage. That's why I'm here. So, I'm just here to answer any questions you may have. De Weerd: Council, do you have any questions? Bird: I have none. De Weerd: No, she's going to behave herself. No questions. Newton: Thank you very much. De Weerd: Any further comment? Anyone wish to testify? Okay. Rountree: Hearing no further testimony, Madam Mayor, I move that we close Items 22 and 23. Bird: Second. Meridian City Council July 26. 2005 Page 56 of 72 De Weerd: Okay. Motion to close 22 and 23. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: Given my contrary mood tonight, and seeing a clean application, I would move that we approve Item No. 22, preliminary plat for Woodpenn Subdivision. Bird: Second. De Weerd: And approve the Findings? Rountree: And the Findings and -- yes. De Weerd: Okay. Rountree: All of the other accoutrements that go with that. De Weerd: I think Mr. Berg would get after us if that wasn't included. Berg: Try to make thing~s clear and concise. Thank you, Madam Mayor. Roll-Call: Bird, aye; Rountree, aye; Wardle, aye; Donnell, abstain. MOTION CARRIED: THREE AYES. ONE ABSTAIN. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I would move that we approve Item 23, conditional Use Permit, 05-030, subject to all staff comments. Bird: Second. De Weerd: Okay. Motion to approve 23. Mr. Berg. Roll-Call: Bird, aye; Rountree, aye; Wardle, aye; Donnell, abstain. MOTION CARRIED: THREE AYES. ONE ABSTAINS. Meridian City Council July 26, 2005 Page 57 of 72 Item 24: Public Hearing: AZ 05-018 Request for Annexation and Zoning of 29.18 acres to R-4, R-8 & R-15 zones for Westborouah Sauare Subdivision by JLJ Enterprises, Inc. - SEC of Jericho Road and Chinden Boulevard: Item 25: Public Hearing: PP 05-020 Request for Preliminary Plat approval for 7 building lots and 1 common lot on 5.39 acres in a proposed R-15 zone for Westborouah Sauare Subdivision by JLJ Enterprises, Inc. - SEC of Jericho Road and Chinden Boulevard: Item 26: Public Hearing: CUP 05-027 Request for Conditional Use Permit I Planned Development approval of a mixed-use development consisting of 10 multi-family buildings and 6 office buildings with multiple buildings on a single lot and a waiver of the street frontage requirement in a proposed R- 15 zone for Westborouah Sauare Subdivision by JLJ Enterprises, Inc. - SEC of Jericho Road and Chinden Boulevard: De Weerd: Thank you, Mr. Berg. Okay. Items 24, 25 and 26 are Public Hearings for AZ 05-018, PP 05-020, and CUP 05-027. I will open these Public Hearings with staff comments. Canning: Madam Mayor, Members of the Council, this is Westborough Square. It's at the corner of Jericho Road and Chinden Boulevard. Jericho runs on the west side of the property. There is Chinden. It is three applications. It's an annexation and zoning of the outline of the property that you see here, and, then, a preliminary plat and a Conditional Use Permit, just on the top lot, or the northern lot of that existing subdivision. Here is -- okay. The annexation and -- Westborough Subdivision was approved by the county~ but with city services. And as a condition of providing those services they were required to annex the property when sewer was available to the site with the approval of both with the Arcadia -- there is an annexation path to Westborough and that's why they have come in with the annexation application on the whole of the subdivision, but the additional development requests are just on a portion of it. Meridian School District owns this property and has developed it. I think they have future plans for development as well. Then there are someone one acre home sites along Jericho Road. And, then, there is a well lot for the city near -- right on Locust Grove. So, that is the annexation request and that's why that annexation request is before you today. Moving on to the -- oh, and as part of that annexation request, there is one acre lots they requested R-8 zoning on. They requested R-4 for the school property. And, then, they had requested R-8 for the one-acre homes and, then, R-15 for this lot. De Weerd: R-8 for the one-acre homes? Canning: Yes. Staff has not recommended that you approve those as R-8. We are recommending R-4 for those lots. De Weerd: Don't we have a lower designation? Meridian City Council July 26, 2005 Page 58 of 72 Canning: We do have lower designations, yes. Rountree: Three and two. Canning: Okay. The preliminary plat approval is for seven building lots and, then, one common lot on the -- in the proposed R-15 zone. So, this is the proposed R-15 zone, the 5.39 acres. And, then, the CUP is for ten multi-family structures here on the east end of the site. And for the six office buildings toward the west end of the site, with multiple buildings on a single lot, and they have also asked for a waiver of the street frontage requirements that -- in a proposed R-15 zone. So, the CU would allow for a total of six office buildings and ten four-plex units. I do need to point out that the original staff recommendation was for denial. The Planning and Zoning Commission was able to modify the site plan to a point where they felt comfortable -- (End of side one, tape two.) Canning: -- part of the reason staff initially recommended denial is that the neighborhood center is located -- centered on this line right here. So, it comes kind of like this. It does not touch the proposed property. The P&Z felt that that center could float to include this property. So, they basically felt that this could be developed as something other than residential because of the closeness of the neighborhood center. I do have some elevations. That shows the structures a little better. And here is some elevations. Okay. Planning and Zoning Commission has recommended approval with conditions. The key issues of discussion were the amenities for the planned development, the addition of a tot lot and a pathway to the patio area near Chinden. If I can get my mouse -- there we go. And, then, based on the applicant's testimony, the Commission made some changes to the condition of approval. Craig detailed those very carefully in your summary sheet. And he used underline and strike outs. I'm not going to go over them in detail. But, basically, the first was regarding that construction of a tot lot within the multi-family portion of this element. The second change requires a pathway and sidewalk from the multi-family portion to the patio area near the Chinden- Jericho intersection. And, then, this third change reflects the applicant's willingness to provide a hundred square feet of private usable open space for each four-plex unit. And we have discussed that a number of times. That is a requirement of the planned development. Craig -- or Mr. Hood has pointed out that there is an outstanding issue before Council. Most of the conditions of approval were with regard to the site plan modifications. They have submitted a revised site plan. But as pointed out in the summary, it still provides deficient buffers between land uses. And that's the -- those required here to separate from the school and the church. And, then, those here to separate from the school and the one-acre lots. So, either the condition needs to be changed to reduce that buffer amount or the site plan still needs to be modified to meet those conditions. Finally, there is limited sewer capacity in this area. The applicant delivered a letter to the city engineer earlier this afternoon proposing a method to make more capacity available. The city engineer has not had time to review that proposal, so staff's position is that there is still limited capacity for sewer in this area. A portion of this may be able to get sewered, a portion may not. It's unclear how much they could serve Meridian City Council July 26, 2005 Page 59 of 72 at this point. And with that I think I will let the -- answer any questions and let the applicant explain the site layout a little more. De Weerd: Any questions for staff? Bird: Madam Mayor, I do have -- I have a couple of questions. Anna, what kind of noise abatement have we got along Chinden Boulevard? Canning: To my knowledge there is no provisions made for noise abatement. Bird: Are we not doing that on Chinden, getting some kind of noise abatement off them? Canning: We have not discussed that before. I think this is -- Bird: Yes, we have. De Weerd: Yes, we have. Canning: Oh, that's right, because they did the berm before, didn't they. Bird: The others that have been butting up to Chinden have been providing some kind of noise abatement and this definitely needs to be. And, then, on the sewer does this go into the North Slough, Len, it is over to that or is this going to be flowed back down and picked up in the lift station and taken to the White Trunk? Grady: It will come through the North Slough once that's comes through Saguaro. But that's at least a year out. Bird: I was going to say where are they getting their limited -- Grady: Well, currently there is a lift station that's going to be operated -- Bird: Edinburgh and them? Grady: What? Pardon me? Bird: The one that takes care of Edinburgh and -- Grady: No. This would be Arcadia. The Arcadia Subdivision. Bird: Oh the Arcadia one. Okay. Grady: Yeah. That's right. And there was capacity for one lot that was approved prior now with this extended -- expanded plat. I would say without a modification of that lift station we would not have capacity. Now, the applicant did give me a revised plan for Meridian City Council July 26, 2005 Page 60 of 72 that lift station, which I have not had time to evaluate. Whether or not that we can provide that sewer through that lift station remains to be seen. Bird: Thank you, Len. De Weerd: Okay. Any other questions at this point? Would the applicant like to come forward? If you will, please, state your name and address. Holt: My name is Phil Holt with the Land Group. 462 East Shore Drive in Eagle, Idaho. 83616. De Weerd: Thank you. Holt: Madam Mayor, Members of the Council, I'm here representing JLJ Enterprises for the annexation and rezone and preliminary plat, along with a planned development for the Westborough Square project. I will just go into a little bit of the kind of the design features first. Maybe expand upon Anna's description a little bit. We got the six commercial buildings up front on Jericho and on Chinden. One single entry off of Jericho. No entrance whatsoever off of Chinden for safety reasons. And we pull into the one main parking lot for buildings -- with the buildings on the exterior perimeter, so you don't see a sea of asphalt going on the roadways. And, basically, help keep the corridor clean and landscape clean and nice looking. As you drive back into the site we get to the multi-family area with the ten buildings. It looks like we are out of batteries. Okay. As you drive back into the residential area, the ten four-plex, multi-family residences -- residential units. And as you see on this layout also, we don't have one central large parking 16t in the center, it's more of a traditional feel with on-street parking, bulb outs for ease of pedestrian access across. This will be -- one was around this corner. We have street trees. Separated sidewalk. It's quite a different feel from your typical multi-family development with a single parking lot in the center and feeding out from that to the individual units. Some of the key features: We have 34 percent of landscape open space on the project. Again, the on-street parking. Bulb outs. Street trees, as opposed to that large central parking area in the center. It helps break it up. And, basically, makes for a much more pedestrian friendly atmosphere in that residential area. Some of the key P&Z Commission changes included adding the tot lot in the center of the site. Adding sidewalks along Chinden Boulevard. Connecting into the plaza space on the corner of Jericho and Chinden, as well as providing the individual patio spaces for the units. You can see those at those locations. One of the comments from Councilman Bird I'd like to address right off the bat is the noise abatement and -- along Chinden Boulevard and what we are providing there is a berm. It's hard to see on this plan, but there is actual contours up in here. I think we are calling that a three-foot berm, but we could easily go to more of the five foot range, and the plant material along that berm is more than double what is required in the ordinance. So, it's fairly extensively planted, bermed up. We can put that walkway on either side of that berm. It seems like it might be better if it was on the residential side, so that you get a little bit of protection from the roadway. So, that will be bermed in that residential site. And, then, to address the buffer provisions on the exterior boundary of the Meridian City Council July 26, 2005 Page 61 of 72 residential area, we have submitted an alternative method of compliance for the encroachment upon those buffer areas. And the reason for the encroachment is to create enough space in the interior of the project to provide a more traditional neighborhood feel with the on-street parking, bulb out, separated sidewalk, street trees, as opposed to that larger central parking lot to access the residences. This centrally focused design creates more pedestrian oriented neighborly interaction, while shifting the buildings and garages to the perimeter. And the perimeter being on this side a large open field for the church site here and, then, the large open field for the school site here and, then, we are not asking for a reduction in that buffer along the residential lot from this side, we are maintaining that 20-foot there. And what we are doing to comply with the intent of the ordinance is to more than double the plant material along those buffers with both conifer, ornamental, and shade tree varieties. As well as place a six-foot vinyl fence along the east side and the south side. I think it's also important to note that no -- the structures do not go into that 20-foot buffer. It's only the patio spaces. Sort of creating little courtyards for the patios with very dense landscaping around those to create those courtyards, while maintaining that pedestrian oriented feel with the street trees and whatnot on the interior. Canning: Madam Mayor, Members of the Council, since we paused, Phil, there are structures -- the carport structures, the garage structures are in that -- Holt: Oh. I'm sorry. You're right. I meant the actual residences. The carports do encroach into that space. We have ten feet between the property line and the garages. Basically, we felt that 20 feet behind the garage is kind of dead space. I think reducing that and just providing landscape in the back accommodates the -- I guess the intent of the code of providing a buffer between uses that dead space back there can I guess be a little bit troublesome for potential vandalism and who knows what can happen. Garages in that dead space between the fence and the garage. Let's see. Along the -- on the north side along Chinden Boulevard we are proposing a 35-foot buffer space between the new right of way line and our buildings. I think it's important to point out that the new right of way line that we are dedicating as part -- they have -- the project is 85 feet away from the existing edge of pavement. And, again, this space will include berming, extensive landscaping, and the five-foot wide sidewalk. And as part of the alternative method of compliance, we are asking to include the five foot walk in the 35- foot total, as opposed to going to a 40-foot with that five foot sidewalk in it. There is an additional 50 feet of space between our buffer and the edge of pavement. We are planning to obtain a license agreement with ITD to landscape a portion of the right of way to the bottom of the borrow ditch, which will create effectively an approximate 55 foot wide landscape area along Chinden Boulevard, which is quite substantial I would think. In order to accomplish this type of high quality traditional neighborhood style design with the interior pedestrian oriented streetscape, we are asking to modify site specific condition of approval number two in a couple of areas. Under bullet item number one, if we could remove the reference to the 40-foot buffer along Chinden, and we will comply with the intent of the code by providing double the required number of trees and effectively landscape a 55-foot wide area along Chinden. And, then, under bullet item number three, if we could encroach into the buffers as shown on the Meridian City Council July 26, 2005 Page 62 of 72 submitted site and landscape plans, we will build the project as presented with traditional neighborhood streetscapes on the interior and vastly improved perimeter landscape and fencing. And one last comment with the R-4 versus R-8 on the residential lot down here. I think in the initial application that was a misunderstanding with staff. We have no problem going to R-4 or even less on those acre lots there. Those are intended to stay one-acre residences and we don't have any problem with that at all. I guess one other point of clarification on the change from our application through the P&Z process, the initial request was for an R-15 zone on the entire project and, then, a Conditional Use Permit for the commercial on the front half. The P&Z recommended that we go with an L-O zone on the front half, as opposed to the conditional use. And we don't have a problem with that either. That makes good sense to go with L-O zone for the limited office use and, then, the residential in the back of the R-15. With that I will stand for questions. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I have got in our -- in our new Unified Development Code noise abatement for residential use along federal and state highways, which includes that. Constructing a berm or berm and wall combination. They got to be ten foot higher than the center elevation of the road. Holt: Okay. Bird: So, it's a combination of either a berm up or -- and a wall -- or a wall ten foot above the center line elevation. De Weerd: And I think that's what we required. Bird: We have been requiring that all along there at the residential use and I don't believe any has slipped by us since we had one slip by us on Eagle Road. Before your time. So, I would be that -- and I would -- I, for one, sir, would -- on the one acre lots, I would -- I wouldn't vote on anything or approve anything that wasn't at least R-2 myself on that. De Weerd: Any other questions for the applicant? No? Okay. Thank you, sir. Holt: Thank you. De Weerd: Any other testimony on this application? Okay. Wardle: Madam Mayor? De Weerd: Mr. -Wardle. Meridian City Council July 26, 2005 Page 63 of 72 Wardle: Question and clarification for both Planning and Zoning and Public Works. As I understand this, we are -- we are annexing and zoning the entire 29 acres; is that correct? Canning: Correct. Wardle: So, we will be including all the homes, as well as the school and the church site as well? Canning: I believe the church is not part of the application. Wardle: Okay. And, then, a question for Len. If these applications are approved, they would need the sewer capacity before being able to obtain a building permit; is that correct? Grady: That's correct. Wardle: Okay. De Weerd: So, how does that work when there is not sewer capacity out there? Do you just wait until there is -- Nary: Madam Mayor? De Weerd: Mr. Nary. Nary: A couple suggestions. If you want to make clear on the conditions regarding the sound buffer, the wall along Chinden, it wasn't proposed to have a development agreement for this property, but that might be an appropriate place for it. Mrs. Canning may have a different opinion as to if there is a better spot for that. The other is we have placed conditions on properties. And I don't recall off the top of my head if it was in a development agreement or if it was in a conditional approval of a plat was that they could not develop until the -- there was not current sewer capacity available for this property and that the developer basically brought this forward at their own risk, so that they were aware that there was no availability currently. And that it wasn't -- you know, it wasn't within the next year or whatever notation you wanted to make, but we did that on property south of the freeway off of Overland for the same reason. Rountree: We did that on -- just there off Black Cat. Nary: Right. Black Cat as well. Canning: Madam Mayor, Members of the Council, there is a very specific condition of approval. And I will read it to you. It's a little bit long. Westborough Subdivision has designed and installed a private sewer lift station as part of an earlier phase. When Public Works reviewed and accepted the plans for the -- for this lift station staff was Meridian City Council July 26, 2005 Page 64 of 72 approving it for only the five lots for which it was proposed and five commercial lots. With the added multiple family dwelling units, engineering staff had some reservations on the ability of this lift station to service the proposed extra volume of effluent. The applicant shall install a flow meter to measure the true amount of flow that is being generated by this development, thereby enabling engineering staff to determine how many lots of this maybe developed until gravity sewer becomes available. The applicant shall be responsible to construct all required sewer mains, service projects main, sizing and routing to be coordinated with Public Works. So, I just wanted you to be aware that's the existing condition. So, if you want to -- if you want to go with something that's a little more specific, then, we probably need to go and remove this one as well. De Weerd: Is that specific enough for Public Works, Len? Grady: Yeah. That does work. Again, they did come up with a modified design to their lift station. It may -- that helps mitigate the problem. But, certainly, the condition as read there works for us. De Weerd: Okay. Canning: Just to be real quick. I know that Public Works hasn't had much time to review that letter, but it's from the civil engineers, WH Pacific, and it basically says that preliminary evaluation indicates that increasing the diameter of the wet well from five feet to 6.1 feet should adequately meet the design operation requirements for the newly proposed conditions. That is a little bit more technical than that, but that's kind of the gist of it. So, I think ~ once the civil engineers can clarify that with Public Works, everything will hopefully work out. De Weerd: Okay. Mr. Wardle, did you have anything? Wardle: I have some comments. Would you like them now? De Weerd: Sure. Wardle: My specific comments in regard to the overall annexation and zoning are that we typically see in annexation and zoning and in these outlying areas we see the larger property owners and the one-acre lots coming forward in opposition to higher density and mixed use. This application incorporates mixed use, but also is bringing those larger lots within the city. So, something that we -- that is different I -- also from the design standpoint, like the way that multi-family is taking an internal drive separating out the carports again, getting rid of the entire sea of asphalt, and agree that the buffering along the other areas for the -- I believe the church and the school area is adequate and as a use does not require that full 20-foot width. Donnell: Madam Mayor? Meridian City Council July 26, 2005 Page 65 of 72 De Weerd: Mrs. Donnell. Donnell: Just a question for the applicant. I hope that there is some planned gates or openings that you will make sure that you have in there for that future elementary school. Holt: Absolutely. There is a sidewalk connection that comes straight through here and connects to that school. Donnell: I should have just looked. Holt: It's hard to see on that. Donnell: Well, the microphone was right in front. Thank you. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I don't hear anymore public comment. Anybody need anymore public comment? I would move that we close the public hearings 24, 25, and 26. Wardle: Second. De Weerd: Okay. Motion to close the public hearings on 24 through 26. All those in favor say aye. All ayes. - Motion carries. MOTION CARRI ED: ALL AYES. De Weerd: Any discussion? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: And I should have probably mentioned this with the applicant. He can nod. But I think before I could vote or make a motion on the plan or the annexation and zoning, we need a development agreement to make sure that all these things get in, like the berm on Chinden going from the an R-8 down to an R-2, and all that. So, I have no problem with the annexation and zoning, as long as those changes -- and we have a development agreement. And I don't know what the other Council -- that can discuss this or what they think or -- Rountree: Is that your motion? Bird: I will make a motion if you like. Meridian City Council July 26, 2005 Page 66 of 72 De Weerd: Okay. Bird: Madam Mayor, I move that we approve AZ 05-018, the request for annexation and zoning of 29.18 acres to R-4, R-2, and R-15 zone for Westborough Square Subdivision to get a development agreement that includes the proper noise abatement along Chinden and all other stuff that was discussed by staff and applicant that is not in Planning and Zoning conditions. Wardle: Second. Bird: Is that clear? De Weerd: And was the proper stuff is what was in the code? Bird: That is -- that's the code. That is the proper -- the code is the property noise abatement. The ten-foot wall or ten foot berm from centerline elevation to the road of Chinden Boulevard. De Weerd: Yes, Anna. Canning: Madam Mayor, Members of the Council, just to clarify, that's the proposed language from the Unified Development Code and it's a wall and berm and in combination of ten feet, but the wall can't be any higher than six feet, because it's a residential district. So, it would be a four-foot berm and a six-foot wall. Bird: It don't say that in there, but that's fine with me. That's absolutely fine with me. That's something you can put in the development agreement. Canning: Okay. Bird: I mean all I want is the noise abatement ten foot tall. I don't care if it's all berm or all block. De Weerd: You don't want to ten-foot block-- Bird: It looks pretty good along the freeway. De Weerd: I'm sure the residential would love that. Nary: Madam Mayor? De Weerd: Yes, Mr. Nary. Nary: And I don't know if this is in the development agreement or if Mrs. Canning has an opinion. The discussion was between a 35-foot setback and a 40-foot setback and Meridian City Council July 26, 2005 Page 67 of 72 the issue was whether to have the five-foot sidewalk on the residential side, which only makes sense. But I don't know -- I want to make sure if that needs to be in the development agreement that we have that. And I don't know if Mrs. Canning has an opinion on 35 versus 40. The applicant stated they prefer the 35. Canning: Yes. And in the new code, which I really hope will get adopted soon, we did take out on the larger setbacks, we do get them credit for those five feet. In this case, though, just for the Council's consideration, it's going to be difficult to get a four-foot berm and a six-foot -- well, maybe they do have enough room, but it may be a little tight on the landscaping anyway. J would question whether you would want the path on the inside, because I think -- I'm not sure that there will be a sidewalk on the other -- adjoining the street, so -- De Weerd: We need it on the roadside. Canning: I would think you would want it on the roadside. Yes. That's what I was trying to say. Bird: That's fine. And the 35 feet should be enough to get the berm and still get the one -- the meandering sidewalk. Canning: And maybe Phil can do some quick calculations, but it's a three-to-one slope. You're still okay? He can do the four-foot with a six foot wall. De Weerd: Okay. So, that was a motion made. Do I have a second? Rountree: Can I ask for clarification? On your zoning you said an R-2, R-4, and an R- 15. Do you mean an R-2, an L-O, and an R-15? Bird: That's right. 1'm sorry. Charlie. Thank you. Thank you. It was an L-O. Wardle: Second agrees. Canning: So, R-2, R-4, L-O, and R-15? Bird: No. No. Donnell: No. No R-4. Rountree: No R-4. Bird: R-2. Canning: No. The --- Bird: L-O and R-15. Meridian City Council July 26, 2005 Page 68 of 72 Canning: Oh, you want to make the school L-O now? Bird: We have got an R-4. We have got to leave that in there. Thank you, Anna. Canning: Okay. Bird: We just have to add that L-O to that. We knew we kept you here for some reason. Canning: Do I hear a C-N? Madam Mayor, Members of the Council, the maker of the motion, just to clarify including all the changes discussed by the applicant, that is that the landscape plan as submitted is sufficient for the 20-foot buffers. Is that what the maker of the motion intended? Bird: Yes. Canning: Okay. Bird: I do agree with that. De Weerd: Okay. Any other points of clarification? Okay. So, the maker of the motion is okay with where we are at right now? Bird: When we see the development agreement and the Findings. Yes, I am. De Weerd: And we probably want new Findings along with that. Bird: Yes. De Weerd: Okay. If there is no further discussion, Mr. Berg, will you call roll on Item 24. Roll-Call: Bird, aye; Rountree, aye; Wardle, aye; Donnell, aye. MOTION CARRIED: ALL AYES. De Weerd: Thank you. Item 25. Mr. Bird. Bird: Madam Mayor, I move that we approve CUP 05-027, with the -- oh, I'm sorry. I got -- I'm on 26. I'm sorry. I move we approve PP 05-020, the preliminary plat. And to incorporate staff and applicant public comments. Wardle: Second. Meridian City Council July 26, 2005 Page 69 of 72 Bird: And include -- well, we have already changed it to L-O up there, so we wouldn't have to do it down here, would we? Wardle: No. Bird: We have already given the classification. So, that's the end of my motion. Canning: Madam -- oh, 1111 wait for a second. Bird: What did I do wrong now? Wardle: I will second it. De Weerd: Okay. There is a motion and a second. Anna. Canning: Nothing wrong, sir. Just wanted to clarify. On the -- with staff and applicant comments, I think the comments specifically for the 35 foot sidewalk and the 20 foot buffer are part of the preliminary plat. So, I just wanted to make sure that was -- Bird: Part of the preliminary plat. And we had already taken -- I thought we had clarified that in the development agreement; is that not right? Canning: I was just trying to make it clear for record. That's all. Bird: So, it would be clarified in this, too. Is that not right? Canning: Yes, sir. Bird: Okay. Yeah. I agree with you, Anna. Thank you. De Weerd: Okay. Anything further? Mr. Berg. Roll-Call: Bird, aye; Rountree, aye; Wardle, aye; Donnell, aye. MOTION CARRIED: ALL AYES. De Weerd: Okay. Item 26. Mr. Berg. Bird: I will get on this one now. I move we approve CUP 05-027, request for Conditional Use Permit, planned development, for Westborough Square Subdivision and include all staff and applicant public comments. Thank you. De Weerd: Okay. Motion to approve Item 26. Mr. Berg. Roll-Call: Bird, aye; Rountree, aye; Wardle, aye; Donnell, aye. Meridian City Council July 26, 2005 Page 70 of 72 MOTION CARRIED: ALL AYES. Item 27: Ordinance No. 05-1167 AZ 05-014 Request for an Annexation and Zoning of 19.72 acres from RUT to a R-8 zone for Sicily Subdivision by Landmark Engineering and Planning - south of East Victory Road and west of South Locust Grove Road: Item 28: Ordinance No. 05-1168 AZ 05-022 Request for Annexation and Zoning of 1.3 acres from RUT to L-O zone for Touchmark Subdivision by Touchmark of the Treasure Valley - south of East Franklin Road and east of South Eagle Road: Item 29: Ordinance No. 05-1169 AZ 05-008 Request for an Annexation and Zoning of 41.27 acres from RUT to R-4 for a new middle school for McMillan and Meridian Middle School by Joint School District No. 2 - NEC of McMillan and Meridian Roads: De Weerd: Thank you. Items, 27, 28, and 29 are ordinances 05-1167, 05-1168, and 05-1169. Mr. Berg, will you, please, read these three ordinances by title only. Berg: Thank you, Madam Mayor, Members of the Council. Ordinance 05-1167, an Ordinance for annexation of property located in the southwest quarter of the northeast quarter of Section 30, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, and described in Attachment A and annexing certain land 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 in Ada County to R-8, medium density, in the Meridian City Code, providing that copies of this ordinance shall be provided, filed with the Ada County Assessor, the Ada County Recorder, the Idaho State Tax Commission, as required by law and providing for a summary of the ordinance and provide for a waiver of the reading rules and providing an effective date. Berg: Ordinance No. 05-1168. An Ordinance for annexation of property located in the northwest quarter, northwest Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, as described in Attachment A and annexing certain lands and territory situated in Ada County, Idaho, and adjacent and contiguous to the corporation limits of the City of Meridian as requested by the City of Meridian, establishing and determining the land use zoning and classification of said land from RUT, Ada County, to L-O, Limited Office, in the Meridian City Code, providing that copies of this ordinance shall be filed with the Ada County Assessor, the Ada County Recorder, and the Idaho State Tax Commission as required by law and providing for a summary of the ordinance and providing for a waiver of the reading of the rules and providing an effective date. Berg: Ordinance 05-1169, an Ordinance for annexation of property located in the south 1,020 feet of the government lot four and south 1 ,025 feet of the west half of the east one half of the south one quarter of Section 30, Township 4 North, Range 1, East, Boise Meridian City Council July 26, 2005 Page 71 of 72 Meridian, Ada County, Idaho, as described in Attachment A and annexing certain lands and territories situated in Ada county, Idaho, and adjacent and contiguous to 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-4, Medium Density, to the Meridian City Code, providing that copies of the ordinance shall be filed with the Ada County Assessor, the Ada County Recorder, the Idaho State Tax Commission as required by law and providing for a summary of the ordinances and providing for a waiver of the reading rules and providing an effective date. Wardle: Madam Mayor? De Weerd: Yes, Mr. Wardle. Wardle: J move that we approve Items 27,28, and 29 with suspension of rules. Bird: Second. De Weerd: Okay. The motion is to approve the three ordinances that were read, items 27,28, and 29. Mr. Berg, will you call roll. Roll-Call: Bird, aye; Rountree, aye; Wardle, aye; Donnell, aye. MOTION CARRIED: ALL AYES. De Weerd: Mr. Berg, I think there is a vote here that we need different -- it's been in the drawer a long time for a~reason, because no one likes it. Bird: I don't know. My drawer is empty. We don't have anything else. Donnell: I'd like to make a motion that we adjourn. Bird: I second that. We are going to agree on something, Christine. De Weerd: All those in favor? MOTION CARRIED: ALL AYES. Berg: We adjourned at 10:56. Meridian City Council July 26, 2005 Page 72 of 72 MEETING ADJOURNED AT 10:56 P.M. (TAPE ON FILE OF THESE PROCEEDINGS) ~/~ tJ5 DATE APPROVED July 22, 2005 MERIDIAN CITY COUNCIL MEETING July 26, 2005 APPLICANT Gemstar Development, LLC ITEM NO. AZ 05-007 5-D REQUEST Finding for Approval- Request for Annexation and Zoning of 43.18 acres from RUT to R-8 zones for Bellingham Park Subdivision - north of Amity Road and east of South Locust Grove 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: Date; Staff Initials: Phone: Materials presented at public meetings shall become property of the City of Meridian. July 22, 2005 MERIDIAN CITY COUNCIL MEETING July 26, 2005 APPLICANT Tuscany Development, Inc. ITEM NO. AZ 05-017 5-G REQUEST Findings for Approval- Request for Annexation and Zoning of 137.96 acres from RUT to R--8 zones for Messina Meadows Subdivision - South Eagle Road between East Victory Road and East Amity Road AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: COMMENTS ~ Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meetings shall become property of the City of Meridian. July 22, 2005 MERIDIAN CITY COUNCIL MEETING July 26, 2005 APPLICANT Tuscany Development, Inc. ITEM NO. PP 05-019 5-H REQUEST Findings for Approval- Request for Preliminary Plat approval of 491 bUilding lots and 67 other lots on 136.72 acres in a proposed R-8 zone for Messina Meadows Subdivision - South Eagle Road between East Victory Road and East Amity 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: fJfrvovc Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meetings shall become property of the City of Meridian. July 22, 2005 MERIDIAN CITY COUNCIL MEETING APPLICANT July 26, 2005 ITEM NO. 5-Q REQUEST Consulting Agreement and Scope of Work with Washington Group International for North Meridian Area Traffic Study 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. July 23,2004 MERIDIAN CITY COUNCIL MEETING APPLICANT July 27,2004 REQUEST First Addendum to the Development Agreement for EI Dorado Business Campus ITEM NO. 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 ~,jY Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meetings shall become property of the City of Meridian. oU'e~~;;11 (rJ1 \ \,'... II '..1."",\\.'11"',",. '. /; ( ~p AMENDED CITY COUNCIL FINDINGS OF FACT CONCLUSIONS OF LAW Transmittal Date: July 21, 2005 Project Name: Messina Meadows Subdivision Case No(s): AZ-05-017/PP-05-019/CUP-05-026 Applicant: Tuscany Development, LLC P&Z Commission Hearing Date(s): June 2, 2005 City Council Hearing Dates: July 12,2005 and July 26, 2005 AZ 05-017 Request for Annexation and Zoning of 137.96 acres from RUT to R-8 zone PP 05-019 Request for Preliminary Plat approval of 491 building lots and 67 other lots on 136.72 acres in a proposed R-8 zone CUP 05-026 Request for a Conditional Use Pennit for a Planned Development for single-family detached residential building units and single-family attached patio homes in a proposed R-8 zone Motion: Approve with revised conditions as stated on July 12,2005 A. Key Council Changes to Planning Commission Recommendation: The Council asked staff to submit revised findings of fact conclusions of law prior to the City Council Hearing of July 26, 2005. All references of approvals shall be from the final drawing dated March 14,2005 as reviewed by the Planning Commission. The council added the following changes: Annexation and Zoning Comments Exhibit D 3. Park The aflflliea-Rt agrees to EieEliea-te tae Pl:l13lie Pari: to taB Cit) of P feriElia-R. The park shall se eO:FlSB Iiet(xl in eoo]3eration. "ita the Parks DeflartmeFlt aHa a elear title mi;lst se pro isea to tae Cit) AHorne) for re ie.. flrior to thefiHal fllat for that flaase being ~Lot 21 Block 1 of the proposed Messina Meadows Subdivision, dated March 14, 2005 is shown as a City Park. Prior to submitting a final plat the applicant shall bring the proposal before the Meridian City Parks Commission for a recommendation to the Meridian City Council to ultimately approve of Lot 21 Block 1 becoming a Public Park or if it is to remain as an open space/common lot maintained by the home owners association, If Lot 21 Block 1 is dedicated as a public park a clear title must be provided to the City Attorney for review. Further, if Lot 21 Block 1 becomes a dedicated city park, an offset from impact fees for the tot lot, landscaping, parking, and other qualified improvements will be negotiated. Preliminary Plat Site Specific and Standard Conditions Exhibit E - (with attached letter) 19. All private streets as shown on the plat shall be a minimum width of 24 feet of improved swface as agreed upon by the letter dated May 25, 2005. Preliminary/Final Plat 1. Date of Preliminary Plat: 3-14-05 2. Date of Landscape Plan: 2-15-05 B. Recommended Conditions of Approval (by Commission, if applicable) See attached Amended Exhibits E and F CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the Matter of a Request for Annexation and Zoning of 136.72 Acres from RUT (Ada County) to R-8 (Medium Density ResidentialAND Preliminary Plat Approval of Four- Hundred-Ninety-One (491) Single- Family Building Lots, Sixty-Seven (67) Other/Common Lots, and One (1) Park Lot AND Conditional Use Permit Approval for a Planned Development Consisting of Single-Family Homes and a Public Park with Reduced Minimum Lot Frontages and Reduced Minimum Lot Sizes, by Tuscany Development, Inc. Case No(s): AZ-05-017, PP-05-019, CUP-05-026 For the City Council Hearing Date of: July 26, 2005 A. Findings of Fact 1. Hearing Facts a. A notice of a public hearing was published for two (2) consecutive weeks prior to the City Council public hearing, the first publication appearing and written notice mailed to property owners or purchasers of record within three hundred feet (300') ofthe external boundaries of the property. The notice of public hearing before the City Council was posted upon the property under consideration more than one week before said hearing. All other noticing was done consistent with Idaho Code S67- 6509. The matter was duly considered by the City Council at the July 12,2005 and July 26,2005, public hearing(s). The applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction of the City of Meridian were given full opportunity to express comments and submit evidence. b. Written and oral testimony was received on this matter, as reflected in the records ofthe City Clerk (for written testimony) and in the official meeting minutes (for oral testimony). c. The Planning and Zoning Commission conducted a public hearing and issued a written recommendation on the subject matter to the City Council. d. The City Council heard and took oral and written testimony and duly considered the evidence and the record in this matter. 2. Process Facts a. There has been compliance with all notice and hearing requirements set forth in Idaho Code S67-6509, 6512, and Meridian City Code SS 11-15-5 and 11-17-5 as CITY OF MERIDIAN FINDINGS OF FACT, CONCLusrONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-05-0 17 / PP-05-019 / CUP-05-026- PAGE 1 of5 evidenced by the Affidavit of Mailing, and the Affidavit of Publication and Proof of Posting filed with the staff report. 3. Application and Property Facts a. In addition to the application and property facts noted in the staff report and the Planning & Zoning Recommendation for the subject application(s), it is hereby verified that the property owner(s) of record at the time of issuance of these findings are Harold R. Long, Lynn B. Assay, Eliza Anne Henry, Paul Warrick, and Tuscany Development, INC. 4. Required Findings per Zoning and Subdivision Ordinance a. See Exhibits G, H, and I for the findings required for these applications. B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.c. ~67- 6503). 2. The Meridian City Council takes judicial notice of its Zoning, Subdivision and Development Ordinances codified at Titles 11 and 12, Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002, Resolution No. 02-382 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code 9 11-17-9. 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning and Zoning Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Legal Description in Exhibit A, the Pre1iminary Plat dated March 14,2005 as shown in Exhibit B, the Site Plan as shown in Exhibit C, the Annexation and Zoning Comments as shown in Exhibit D, the Preliminary Plat Site Specific and Standard Conditions as shown in Exhibit E, and the CUP/PD Site Specific and Standard Conditions as shown in Exhibit F. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-05-0 17 I PP-05-019 I CUP-05-026- PAGE 2 of 5 C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code S 12-3-5 and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's Preliminary Plat as evidenced by having submitted the Preliminary Plat dated March 14,2005 is hereby conditionally approved; 2. The applicant's Site Plan as evidenced by having submitted the Site Plan shown in Exhibit C is hereby conditionally approved; and, 3. The Site Specific and Standard Conditions are as shown in Exhibits E and F. D. Notice of Applicable Time Limits 1. Notice of Eighteen (18) Month Conditional Use Penuit Duration Please take notice that the conditional use permit shall be valid for a maximum period of eighteen (18) months unless otherwise approved by the council. During this time, the permit holder must commence the use as permitted in accordance with the conditions of approval, satisfy the requirements set forth in the conditions of approval, acquire building permits and commence construction of permanent footings or structures on or in the ground. In this context "structures" shall include sewer and water lines, streets or building construction. The applicant has specified in the application and to the commission and council a construction schedule and completion date for the proje~t. Ifthe completion date specified for the project is exceeded, the conditional use application shall become null and void. However, the applicant may submit an application for a time extension on the project for city council review. The application for time extension shall be submitted at least thirty (30) days prior to the deadline for completion of the project. For projects requiring platting, the final plat must be recorded within this eighteen (18) month period. For projects with multiple phases, the eighteen (18) month deadline shall apply to the first phase. In the event that the development is made in successive contiguous segments or multiple phases, such phases shall be constructed within successive intervals of one year from the original date of approval by the council. If the successive phases are not submitted within one year intervals, the conditional approval of the future phases shall be null and void. (MCC 1 I -17-4.B.) 2. Notice of Twelve (12) Month Preliminary Plat Duration Please take notice that after the date of approval of the preliminary plat, the owner or developer shall have one year within which to file the request for approval of the final plat. After approval of final plat, the owner or developer shall have one year to begin construction of the public utilities and one year thereafter to complete construction of those public facilities. (MCC 12-2-4.B & C.) E. Notice of Final Action and Right to Regulatory Takings Analysis CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-05-017 / PP-05-019 / CUP-05-026- PAGE 3 of5 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. 2. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code S 67-6521 an affected person being a person who has an interest in real property which may be adversely affected by the issuance or denial of the conditional use permit approval may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. F. Exhibits Exhibit A: Legal Description Exhibit B: Approved Preliminary Plat (with conditions) Exhibit C: Approved Site Plan (with conditions) Exhibit D: Annexation and Zoning Comments Exhibit E: Preliminary Plat Site Specific and Standard Conditions Exhibit F: CUP/PD Site Specific and Standard Conditions Exhibit G: Zoning Amendment Findings Exhibit H: Preliminary Plat Findings Exhibit I: CUP/PD Findings By action of the City Council at its regular meeting held on the '2-~ ~ day of :JrA Lit ,2005. COUNCIL MEMBER SHAUN WARDLE COUNCIL MEMBER CHRISTINE DONNELL COUNCIL MEMBER CHARLIE ROUNTREE COUNCIL MEMBER KEITH BIRD MAYOR TAMMY de WEERD VOTED~ VOTED~ VOTED~ VOTED~ VOTED~ CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-05-017 I PP-05-019 I CUP-05-026- PAGE 4 of 5 (TIE BREAKER) Public Works Department and City Attorney. B)<; kM " " 1[:0" City Clerk Dated: C{ -ZZ-Ch CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-05-017 / PP-05-019 / CUP-05-026-PAGE 5 of 5 EXHIBIT A Messina Meadows Subdivision AZ-05-017 Legal Description (2 pages) Di::SCRIPTlON FOF~ MESSINA MEADOWS SU8DIVISION tdarch 0, 2iJD5 COlvlMENCiNG AT THE NORTHU.ST CORNER THE SE 114 OF SECTION 29, 13N, R 1 E, B tit. THENCE {\. 89'37'43" W 25 00 FEET ALONG THE NORTH LINE OF SAID SE 1/4 TO A POIl\T ON THE \:VESTERL Y RIGHT OF WA'{ OF S EAGLE ROAD, THE REAL POINT OF BEGINNINQ OF THIS SUBDIVISION, - THENCE S 00'37'09""iN ,32132 FEET ALONG SAID vVESTERL Y RIGHT OF WAY TO A POINT ON THE SOUTH LINE OF THE NE 1/4 OF SAID SE 114, 130762 FEET TO THE NORTHEAST CORNER OF THE SW 114 OF THENCE S 00'26'23" W 129778 FEET ALONG THE EAST LINE OF THE SW 1/4 OF SAID SE 1/4 TO A POINT ON THE NORTHERL Y RIGHT OF vVAY OF E AMITY ROAD, THENCE N 89'43'43" VI! 399 07 FEET ALONG SAID NORTHERLY RIGHT OF WAY TO ,A. POINT, THE!~CE ,~ U[l"26'33" E 47500 FEET TO A POINT, THENCE N 89:1.3'43" W 261.CO FEET TO A POINT, THENCE S 00"26'33" IN 385.03 FEET TO /J., POINT ON A CURVE, ALSO BEING THE CENTERLINE OF THE TEN MILE DRAIN: ALONG SAID CENTERLINE AS FOLLOWS THENCE ALONG A CURVE TO THE LEFT 40541 FEET, SAID CURVE HAVING A RADIUS OF 1071 ~1 FEET, F CENTRAL ANGLE OF 21'40'13", TANGENTS OF 205.16 FEET, AND CHORD VVHICH BEARS N 41"30'24" W 403.00 FEET TO A POINT OF TANGENCY: Exhibit A - Messina Meadows AlOf':G T,"IE 8C!UhD!\RY OF SAID LOT 2 THE FOllOWING iHEf':CE ~; 6C'43'i~e" E 31 70 FEET TO A POINT. THENCE S 0("15'20'> VI! i31'.46 FEET TO THE I>!ORTHEAST CORNER OF SAID SW 114 iC114 COR'\IER). LEAVING THi: BOUI\lOARY OF SAID LOT 2 THENCE S e,,'3T:'3" E 2648,14 FEET ALONG THE NORTH lIr\lE OF THE SE '/" OF SAID SECTION 2S< TO TH::: REAL POINT OF BEGINNING OF THIS SUBDIVISION SAID PARCEL CONTAINING 13672 ACRES, 1\.10RE OR LESS VV;\YNE: K Bt,R3ER. -:';Q~~~~ ,P '~J:jj""S~~" (~r~ ,- PL.S 8.144 \~\ ,p ;/; ~!; \ ,,/'~ JIV/~, . Exhibit A ~ Messina Meadows EXHIBIT B Messina Meadows Subdivision PP-OS-019 Approved Preliminary Plat EXHIBIT C Messina Meadows Subdivision CUP-05-026 Approved Site Plan EXHIBIT D Messina Meadows Subdivision AZ-05-0 17 Annexation and Zoning Comments ANEXA TION & ZONING COMMENTS 1. The annexation legal description submitted with the application (stamped by Wayne K. Barber, PLS) shows the property as contiguous to the existing corporate boundary of the City of Meridian. 2. Any future subdivision, uses and construction on this property shall comply with the City of Meridian ordinances in effect at the time. 3. A Development Agreement (DA) will be required as part of an annexation of this property. Prior to the annexation ordinance approval, a DA shall be entered into between the City of Meridian, the property owner(s) (at the time of annexation ordinance adoption), and the developer. The aoolicant shall contact the City Attornev Bill Narv at 888-4433 to initiate this orocess. The DA shall incorporate the following: · That the applicant will be responsible for all costs associated with the sewer and water service extension. Any existing domestic wells and/or septic systems within this project will have to be. removed from their domestic service, per City Ordinance Section 5-7-517, when services are available from the City of Meridian. Wells may be used for non-domestic purposes such as landscape irrigation. · That all future development of the subject property shall be constructed in accordance with City of Meridian ordinances in effect at the time of development. All future uses shall not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. · That development of Phases 1 and 4 located within a floodplain shall not commence until FEMA approves the proposed Letter of Map Revision and the flood designation has been revised for Ten-Mile Creek. If the flood plain and floodway boundaries presented with this application are not approved by FEMA, the applicant shall have two options: 1) remove any lots within the FEMA- approved floodplain boundaries or 2) resubmit for preliminary plat approval of Phases 1 and 4. · The developer shall construct multi-use pathways as required by the Comprehensive Plan and presented on the preliminary plat Dated March 14,2005. The future crossings of Ten Mile Creek and the Ridenbaugh Canal may be accomplished through bridges (Davinci Way stub street) connecting future development with Tuscany Lakes and Messina Hills Subdivision. · Park - THe aj3j31ieaFlt agrees to deaieate the PHl:llie Park to the Cis.' Bf Heriaian. Exhibit D Messina Meadows The park shall be 6Gnstrncted in 6GGfleratiGll ,ifu tha Parks DeflartHwnt and a clear title mtlst be provicl8cl te the City .\1tGfBey fer re ie . flrief to Eke final13lat fOf U1at fJhase being submitteEl. Pursuant to the direction of the City Council, the applicant met with the Parks and Recreation Commission regarding the possible dedication of Lot 21 Block 1 to the City for a public park. Despite a positive recommendation from the Parks and Recreation Commission, the City Council has not taken action to approve the City's acceptance of Lot 21 Block 1 as a public park. Accordingly, the applicant may proceed to submit the final plat which shall depict Lot 21 Block 1 as open space/common area to be owned and maintained by the homeowner's association. In the event that applicant and City reach agreement at some time in the future regarding dedication of Lot 21 Block 1 as a publicly owned and maintained park, the dedication can be accomplished by a separate written agreement and amended final plat. Exhibit D Messina Meadows EXHIBIT E Messina Meadows Subdivision PP-05-019 Preliminary Plat Site Specific and Standard Conditions SITE SPECIFIC CONDITIONS-PRELIMINARY PLAT 1. The preliminary plat prepared by Briggs Engineering, Inc, dated Mar 14,2005, is approved, with the conditions listed herein. All comments/conditions of the accompanying Annexation/Zoning (AZ-05-017) and Conditional Use Permit (CUP-05-026) and Development Agreement shall also be considered conditions of the Preliminary Plat (PP-05-0 19). 2. In lieu of strict adherence to multi-pathway locations, the applicant may propose an alternative multi-use pathway system in compliance to the 2002 Future Land Use Map if approved by the Meridian Parks Department. 3. Place a note on the face of the final plat stating that all future front garage setbacks shall be 20-feet as measured from the property line or the back of sidewalk, whichever is more restrictive. Exceptions to this requirement would be the lots contained by Blocks 22 and 23. 4. Prior to the City Engineer's signature of a final plat containing all structures not contained on a designated lot shall be removed. 5. The submitted landscape plan prepared by The Land Group, Inc., dated 2-15-05 is approved as submitted with changes. The following should be included in a revised landscape plan: Depict and construct a lO-foot wide gravel shoulder on Amity Road abutting the site, with the remaining portion of the right-of-way being landscaped with lawn or other vegetative groundcover. All micropaths within the proposed subdivision shall be designed in accordance with MCC 12-13-15 "Micropath Landscaping" and MCC 12-4-3 IIPedestrian Walkways.1I Micropath fencing shall be constructed per MCC 12- 13-15-9. All areas being counted toward the open space requirement shall be free of "wet ponds" or other such nuisances. All stormwater detention facilities incorporated into the required open space are subject to Ordinance 12-13-14 and shall be fully vegetated with grass and trees, as depicted on the submitted landscape plan. Any tree over 4" in caliper that is removed from the property shall be replaced by installing additional trees, being the equivalent number of caliper inches of trees that were removed. Required landscaping trees will not be considered as replacement trees for those trees that are removed. Exhibit E -Messina Meadows Other than the changes listed above, the approved landscape plan is not to be altered without prior written approval of the Planning & Zoning Department. 6. Construct a micro-path as depicted on the Preliminary plat March 15, 2005 and drawn by Briggs Engineering, Inc. Appropriate signage should be included in the micropath as to direct pedestrian traffic to the appropriate trail system. 7. All road drainage shall be contained on site in the roadside swales as depicted. No trees shall be placed in such a manner as to interfere with drainage. 8. All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per MCC 12-4-13, unless otherwise approved by Nampa and Meridian Irrigation District. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or non-approval submitted to the Public Works Department. If lateral users association approval can not be obtained, plans will be reviewed and approved by the City Engineer prior to final plat signature. 9. The applicant has not indicated who will own and operate the pressurized irrigation system within this development. Underground vear-round pressurized irrigation must be provided to all lots within this development. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. If the pressurized irrigation system within this development is to remain a private homeowners' association system, complete plans and specifications shall be reviewed by the Public Works Depaliment as part of the development plan review process. A draft copy of the pressurized irrigation system O&M manual shall be submitted prior to plan approval. The applicant shall be required to utilize any existing surface or well water for the primary source. If a surface or well source is not available, a single-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer shall be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. 10. A detailed fencing plan shall be submitted upon application of the final plat. Fencing along all canals and waterways shall be a minimum of 6' in height and constructed of non-combustible materials as to not interfere with regular maintenance of ditches and waterways by Nampa Meridian Irrigation District. If permanent fencing is not provided, temporary construction fencing to contain debris must be installed around the perimeter prior to issuance of building pennits. All fences shall taper down to 3-feet maximum within 20 feet of all right- of-way. All fencing shall be installed in accordance with MCC 12-4-10. Exhibit E ~Messina Meadows 11. Maintenance of all common areas shall be the responsibility of the Messina Meadows Homeowners' Association. 12. Staff is concerned about the potential effects of high groundwater in the proposed project area. Two significant waterways affect this property: the Ridenbaugh Canal along the entire northern boundary and Ten Mile Creek intersecting the project. Conventional wisdom holds that the shallow ground water table recedes once development occurs and agricultural irrigation ceases and waterways are tiled. However, every year a number of homeowners contact the Public Works Department regarding water in their crawl spaces in developments that have been completely built out. Applicant's engineer will be required to submit a signed, stamped statement certifying that all street finish centerline elevations are set a minimum of three feet above the highest established seasonal high groundwater elevation. 13. The approval of this proposed development shall be conditional on the applicant being able to obtain a letter of map revision from FEMA for the proposed modified flood plain boundaries or redesign the development to comply with Meridian City Code 10-6-5 regarding Provisions for Flood Hazard Reduction. 14. Due to relatively high existing groundwater levels, applicant shall submit a Master Grading and Drainage plan as part of the development plans to be submitted with each phase ofthis development. The Master Grading and Drainage plan shall include at a minimum the following: a. Groundwater contours for this development at peak seasonal high depth. b. Finish floor elevation for all houses in this development. c. Elevation of crawl space for all houses in this development. d. Finish grade elevation at each lot corner. e. Drainage flow patterns on all lots. f. Applicant shall maintain a minimum of five ground water monitoring wells in project, at locations approved by the Public Works Department. Applicant shall continue monthly ground water monitoring for two years after final approval of each phase and provide information to the Public Works Department. g. If structural fill is to be placed on any lot, material specifications and compaction requirements shall be detailed and submitted to Public Works and the Building Department. h. If slab-on-grade construction is utilized in conjunction with typical footings, builders of each lot shall comply with all requirements contained in the International Building Code regarding slab on grade construction. The builder of each lot shall provide fill material gradation certification and a minimum of one compaction testing report per 500 square feet of Exhibit E -Messina Meadows first floor area (including garage) and provide such reports to the Meridian Building Department prior to commencement of any framing. i. The Master Grading and Drainage Plan must be approved by the Public Works Department prior to overall plan approval. Builders must provide finish floor and crawl space elevation certification for each house prior to issuance of certificate of occupancy. 15. All residential construction, where foundations would be within soil Groups II through IV of the Unified Soils Classification System, shall comply with the International Residential Code R405.1, pertaining to the requirement of drains around all concrete foundations that retain earth and enclose habitable or usable spaces located below grade. Approved drainage systems shall be installed at or below the area to be protected and shall discharge by gravity or mechanical means to an approved drainage system. The applicant shall provide Public Works and the Building Department with detailed soil classification profile of each test hole as deternlined by Associated Earth Sciences Incorporated. 16. Sanitary sewer service to the western and southern phases of the development shall be via the future main located along Ten-Mile Creek, through Tuscany Subdivision and piped under the Ridenbaugh Canal, and the northeastern portion shall connect to Messina Village Subdivision. The Subdivision designer is to coordinate main sizing and routing with the Public Works Department to be in accordance with the approved master sewer plan. Applicant shall execute City of Meridian standard forms of easements, for any mains that are required to provide service. 17. Municipal water to this site shall be via extensions from existing mains in the Tuscany Development from the north. 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. 18. Other than the public street accesses approved by ACHD, direct lot access to Eagle Road and Amity Road are prohibited. A note shall be placed on the final plat restricting access to these roads. 19. All private streets as shown Oil tlte plat shall be a minimum width of 24 feet of improved surface as agreed UpOIl by the letter dated May 25, 2005 GENERAL REOUIREMENTS-PRELIMINARY PLAT 1. All grading of the site shall be performed in confornlance with MCC 11-12-3H. Exhibit E -Messina Meadows 2. Sidewalks shall be installed within the subdivision and on the perimeter of the subdivision pursuant to MCC 12-13-10-8. 3. A letter of credit or cash surety in the amount of 110% will be required for all fencing, landscaping, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the final plat. 4. A detailed landscape plan, in compliance with the landscape and subdivision ordinance and as noted in this report, shall be submitted for the subdivision with the final plat application. 5. Coordinate fire hydrant placement with the City of Meridian Public Works Department. 6. Two-hundred-fifty and one-hundred-watt, high-pressure sodium streetlights will be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. 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. 7. Any tree over 4" in caliper that is removed from the property shall be replaced by installing additional trees, being the equivalent number of caliper inches of trees that were removed. Required landscaping trees will not be considered as replacement trees for those trees that have to be mitigated. 8. Submit any up-dated groundwater/soils monitoring data, as collected and analyzed by a soils scientist, to the Public Works Department for review. Any drainage areas (detention/retention basins) must be designed to ensure that water will percolate or discharge with a period of time not to exceed 24-hours for all storms up to and including a 1 DO-year storm events. 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 should pay close attention to the results of field studies detemlining 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 peak high groundwater. 9. The applicant shall coordinate mailbox locations with the Meridian Post Office. Exhibit E -Messina Meadows 10. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells may be used for non-domestic purposes such as landscape irrigation. 11. 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. 12. The applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to signature on the final plat per Resolution 02-374. 13. Staffs failure to cite specific ordinance provisions or terms of the approved annexation/conditional use does not relieve the applicant of responsibility for compliance. 14. Preliminary plat approval shall be subject to the expiration provisions set forth in MCC 12-2-4. OTHER AGENCYIDEPARTMENT COMMENTS & CONDITIONS MERIDIAN FIRE DEPARTMENT 1. One and two family dwellings will require a fire-flow of 1,000 gallons per minute available for duration of 2 hours to service the entire project. Fire hydrants shall be placed an average of 500' apart. International Fire Code Appendix C 2. Acceptance of the water supply for fire protection will be by the Meridian Fire Department and water quality by the Meridian Water Department for bacteria testing. 3. Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 W' outlet face the main street or parking lot aisle. b. The Fire hydrant shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works spec. d. Locations with fire hydrants shall have the curb painted red 10' to each side of the hydrant location. e. Fire Hydrants shall be placed on comers when spacing permits. f. Fire hydrants shall not have any vertical obstructions to outlets within 10'. g. Fire hydrants shall be place 18" above finish grade. h. Fire hydrants shall be provided to meet the requirements of the IFC Section 509.5. Exhibit E -Messina Meadows 4. The phasing plan may require that any roadway greater than 150' in length that is not provided with an outlet shall be required to have an approved turn around. 5. All entrance and internal roads shall have a turning radius of 28' inside and 48' outside radius. 6. 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. 7. Provide a 20' wide Fire Lane for all internal roadways all roadways shall be marked in accordance with Appendix D Section DI03.6 Signs. 8. Insure that all yet undeveloped parcels are maintained free of combustible vegetation. 9. Fire lanes and streets shall have a vertical clearance of 13'6". This includes mature landscaping. 10. Operational fire hydrants, temporary or permanent street signs and access roads with an all weather surface are required before combustible construction is brought on site. 11. To increase emergency access to the site a minimum of two points of access will be required for any portion of the project, which serves more than 50 homes. The applicant shall provide a stub street to the property to the (west/east/south). The two entrances should be separated by no less than ~ the diagonal measurement of the full development. 12. Building setbacks shall be per the International Building Code for one and two story construction. 13. The roadways shall be built to Ada County Highway Standards cross section requirements and shall have a clear driving surface, available at all times, which is 20' wide. Streets with less than a 29' street width shall have no parking. Streets with less than 33' shall have parking only on one side. These measurements shall be based on the face of curb dimension. 14. The proposed 491-lot subdivision with an estimated 2.9 residents per household would have a total estimated population of 1423.9 residents at build out. 15. The proposed project lies outside the five-minute response zone goal. Achievement of this goal is subject to budgetary constraints and is intended to enhance the probability of a favorable outcome on a request for Basic Life Support. The budget constraints are typically defined as capital outlay for Exhibit E -Messina Meadows facilities that are located within 1.5 miles from a given location and sufficient operational funds to staff the facilities. 16. The fire department requests that any future signalization installed as the result of the development of this project be equipped with Opticom Sensors to ensure a safe and efficient response by fire and emergency medical service vehicles. This cost of this installation is to be borne by the developer 17. All portions ofthe buildings located on this project must be within 150' of a paved surface as measured around the perimeter of the building. 18. Where a portion of the facility or building hereafter constructed or moved into or within the jurisdiction is more than 400 feet (122 m) from a hydrant on a fire apparatus access road, as measured by an approved route around the exterior of the facility or building, on-site fire hydrants and mains shall be provided where required by the code officiaL For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2 the distance requirement shall be 600 feet (183). a. For Group R-3 and Group U occupancies, the distance requirement shall be 600 feet (183 m). b. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2, the distance ~equirement shall be 600 feet (183 m). MERIDIAN PARKS DEPARTMENT 1. Pathway and Trail standards: The proposed pathway and/or trail shall meet the standards as set forth in the August 2003 Comprehensive Parks and Recreation System Plan, pgs. 3-2 and 3-3, sections B & C. The pathway should connect through to Bellingham park subdivision. If Bellingham Park Subdivision fails to be approved the applicant shall provide on street connection from Lot 16 Block 16 to the Ten Mile Creek until such a time as an extension is possible. 2. Standard for City to assume Maintenance of a section of Pathway: The pathway must connect from one major arterial to another, and either an easement or ownership deed must be granted before the city will assume the maintenance of any section of pathway. 3. Minimum acreage standard for City Park: The City is willing to develop and maintain Community Parks, Urban Parks; and Neighborhood Parks. Neighborhood Parks will be reviewed on a case-by-case basis. The City may choose to maintain neighborhood parks at an acreage of seven acres or larger. It will be the responsibility of private homeowner groups or associations to develop and maintain the smaller mini parks and some Neighborhood Parks in their Exhibit E -Messina Meadows subdivision that the City does not maintain. Construction fill and grading must be approved by the Meridian Parks Director. 4. Standard for Mitigation of trees: The standard established in the City of Meridian Landscape Ordinance (MCC 12-13-13-6) will be followed. 5. 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. MERIDIAN POLICE DEPARTMENT 1. The proposed development and/or plat do not offer natural surveillance opportunities of the public areas. Prior to the next public hearing, the applicant shall meet with the Police Chief and/or Planning Staff to discuss features that increase visibility, including but not limited to: doors and windows that look out on the public areas, front porches, and adequate nighttime lighting. The site plan and/or landscaping plan shall be revised in accord with those discussions. 2. Any interior fencing shall allow visibility from the street or shall not exceed four feet in height if solid fencing is used. Central District Health Department 1. Run-off is not to create a mosquito breeding problem. 2. Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. 3. The Engineers and architects involved with the design of the subject project shall obtain current best management practices for stormwater disposal and design a stormwater management system that prevents groundwater and surface water degradation. SANITARY SERVICES 1. Please contact Bill Gregory at SSC (888-3999) for detailed review of your proposal and submit stamped (approved) plans with your certificate of zoning compliance application. 2. sse will not provide trash pick-up services utilizing the common driveway. The developer shall install a concrete pad at the end of the common drive no more than five (5) feet behind the sidewalk. The pad shall be of sufficient area to accommodate the receptacles of the residences that take access from the common driveway. ADA COUNTY HIGHWAY DISTRICT Exhibit E -Messina Meadows Site Specific Conditions of Approval 1. Dedicate 48-feet of right-of-way from the centerline of Amity Road and construct a 5-foot concrete sidewalk located a minimum of 41-feet from the centerline of Amity Road. OR Dedicate 38-feet of right-of-way from the centerline of Amity Road and construct a 5-foot concrete sidewalk located within the landscape buffer. Place the sidewalk within an easement. 2. Dedicate 48-feet of right-of-way from the centerline of Eagle Road and construct a 5-foot concrete sidewalk located a minimum of 41-feet from the centerline of Eagle Road. OR Dedicate 38-feet of right-of-way and construct a 5-foot concrete sidewalk located within the landscape buffer. Place the sidewalk within an easement. 3. Construct a continuous left-turn lane on Eagle Road at the intersection of Eagle Road and East Mona Lisa Drive. Provide a minimum of 1 DO-feet of storage with shadow tapers for both the approach and departure directions. Coordinate the design of the turn lane with District staff. 4. Construct a right turn-lane on Amity Road at the intersection of Amity Road and Montague Way~ Coordinate the design of the taper with District staff. 5. Construct a left-turn lane on Amity Road at the intersection of Amity Road and Montague Way. Provide a minimum of 100- feet of storage with shadow tapers for both the approach and departure directions. Coordinate the design of the turn lane with District staff. 6. Shift East Mona Lisa Drive to intersect Eagle Road approximately 60-feet to the north to directly align with Zaldia Lane. 7. Construct South Montague Way to intersect Amity Road at the east property line, as proposed. 8. Construct East Mona Lisa Drive as an alternative street section that includes two 17-foot travel lanes with 2-foot concrete ribbon curb and an 8-foot drainage swale on both sides of the roadway within a total ofn-feet of right-of-way. Construct a 5-foot sidewalk located outside of the right-of-way within an easement (if it is determined that this development meets the criteria for the alternative street section). If it is detennined that this site does not meet the established criteria, construct East Mona Lisa Drive as standard residential collector that includes a 36-foot street section with vertical curb, gutter, and 5-foot concrete sidewalk Exhibit E ~Messjna Meadows within 50-feet of right-of-way. Front on housing and direct lot access is prohibited regardless of the approved street section. 9. Construct Genoard Avenue and Deer Hill Drive as alternative street sections that include two 16-foot travel lanes, 2-foot concrete ribbons} 8-foot drainage swales, 4-foot detached concrete sidewalks} and 2-foot utility easements (ifthe criteria for the alternative street section can be met) within a total of 64-feet of right-of-way or construct Genoard Avenue and Deer Hill Drive as a standard residential street that includes a 36-foot street section with rolled curb} gutter, and 5-foot concrete sidewalk within 50-feet of right-of-way. 10. Construct South Montague Way (from Amity Road to East Santo Stefano Drive) as one half of a 36-foot street section with vertical curb, gutter and sidewalk located on one side of the roadway and a 3-foot gravel shoulder and an adequately sized barrow ditch on the unimproved portion of the roadway. Create a centerline within the roadway to sheet storm drainage appropriately. Front on housing and direct lot access is prohibited. 11. Construct a portion of East Taormina Drive (abutting the 3.0-acre out parcel) as oue half of a 36-foot street section with rolled curb} gutter and sidewalk located on one side ofthe roadway and a 3-foot gravel shoulder and an adequately sized barrow ditch on the unimproved portion of the roadway. Create a centerline within the roadway to sheet storm drainage appropriately. 12. Construct the remainder of the internal streets as alternative street sections that include two 16-Joot travel lanes with 2-foot concrete ribbons and 8-foot drainage swales on both sides of the roadway within 52-feet of right-of-way. Construct a 4-foot wide concrete sidewalk that is located outside of the right-of-way within an easement. If it is detelmined that this site does not meet the established criteria, construct the internal local roadways as standard 36-foot street sections with curb, gutter} and 5-foot concrete sidewalk within 50-feet of right-of-way. 13. Extend East Deerhill Drive from the west property line approximately 210-feet south of the north property line} as proposed. 14. Shift the proposed stub street (South Zisa Avenue) to the west to serve the 14.7- acres site to the south. Construct the stub street in a location that is conducive to the redevelopment of the 14.7-acre site to the south. Provide the District with a road trust for one half of the cost of constructing a bridge over the Ten Mile Creek. Install a sign at the terminus ofthe stub street that states, "this road will be extended in the future.'} IS. Construct a stub street (South Messina Way) to the south property line located approximately 399-feet west of the east property line} as proposed. Install a sign at the terminus of the stub street that states} "this road will be extended in the future." Exhibit E -Messina Meadows 16. Construct South Montague Way as a "quasi-stub street" abutting the property line, as proposed. 17. Construct a stub street (South Burro Avenue) to the south property line that is located approximately 900-feet west of Eagle Road, as proposed. Install a sign at the tenninus of the stub street that states, "this road will be extended in the future." 18. Extend a stub street (South Burro Avenue) from the north property line into the site approximately 865-feet west of Eagle Road, as proposed. 19. Extend a stub street (South Montague Avenue) from the north property line into the site approximately 1,440-feet west of Eagle Road, as proposed. 20. Extend a stub street (South DaVinci Way) from the north property line into the site approximately 760-feet east of the west property line, as proposed. 21. Construct three roundabouts within the subdivision. Design the roundabouts with 21-foot street sections on either side of the center island with splitter islands and adequate signage. Coordinate the size and design of the roundabout with traffic servi ces staff. 22. Construct the islands located within the public right-of-way a minimum of 4-feet wide with a minimum area of lOO-square feet and should maintain a 21-foot street section on either side of the island. All proposed landscape islands/medians within the public right-of-way dedicated by this plat shall be owned and maintained by a homeowners association. A note of this will be required on the final plat. 23. Construct one cul-de-sac turnaround within the subdivision (South Genoard Place), as proposed. Construct the turnaround to provide a minimum turning radius of 45-feet. 24. Construct Decameron Lane, Ragusa Lane and Burro Lane as private roadways (if the City of Meridian approves them as private roadways). Pave the private roadways a minimum of20-feet wide and at least 30-feet into the site beyond the edge of the public roadway and install pavement tapers with IS-foot curb radii abutting the existing roadway edge. Provide a plan showing how the private road grade meets the public road. 25. Other than the access points that have specifically been approved with this application, direct lot access to Eagle Road and Amity Road is prohibited. A note will be required on the final plat stating these access restrictions. 26. Comply with all Standard Conditions of Approval. Exhibit E -Messina Meadows Standard Conditions of Approval 1. Any existing irrigation facilities shall be relocated outside ofthe right-of-way. 2. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 3. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 4. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details. 5. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State ofIdaho shall prepare and certify all improvement plans. 6. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 7. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 8. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #200, also known as Ada County Highway District Road Impact Fee Ordinance. 9. It is the responsibility of the applicant to verify all existing utilities within the right-of-way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1- 800-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387- 6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 10. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway Exhibit E ~Messina Meadows District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 11. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. Exhibit E -Messina Meadows EXHIBIT F Messina Meadows Subdivision CUP-OS-026 CUP/PD Site Specific and Standard Conditions SITE SPECIFIC CONDITIONS-CONDITIONAL USE PERMIT 1. The site plan prepared by Briggs Engineering, Inc, dated March 14, 2005, is approved, with the conditions listed herein. Applicant shall meet all of the requirements of the Annexation/Zoning (AZ-05-0I7) and Preliminary Plat (PP- 05-019) as a condition of the Conditional Use Permit (CUP-05-026). 2. The project shall conform to the R-8 dimensional standards, except as follows: 1. Minimum frontage: 40-feet (non cul-de-sac lots)(non common lots) 2. Minimum lot dimensions: 3,600 sq ft. 3. Minimum Setbacks shall be: Residential Buildin2: Setbacks - Front (Living Space) 15- feet Front (Face of Garage) 20- feet Rear 15-feet Rear, side entry garage 5 - feet Interior Side* 5-feet Street Side IS-feet * No additional setback per story Exemptions to residential Building Setbacks- For Blocks 22 and 23 the following shall apply: Setback from Parkway - 5-Feet Setback from Private Street - 20-Feet 3. Construction within Messina Meadows Subdivision shall substantially comply with the elevations submitted by the applicant. Construction materials used on the structures shall be approved by the City of Meridian Building Department and in accordance with the most recent Uniform Building Code. 4. The future home on Lot 6, Block 9 will be a single level, with a bonus room allowance. All dormers would face east and the windows would be designed for first floor only on the west side and the garage will be constructed on the same setback as the driveway (5' to north propeliy line of Lot 6 Block 9). 5. The future homes on Lots 8 and 9 of Block 9 will have all dormers face east and the windows would be designed for first floor only on the west side. Exhibit F - Messina Meadows 6. A six foot solid vinyl fence will be placed on the east, north, and west side of the property in question and the north side will be designed with a berm if needed to mitigate headlights 7. Provide a minimum of one pressure irrigation stub from each side of the Stark's property, which would be the north, east, and west property lines 8. Provide a sewer and water stub to the property line from Messina Meadows to the north propelty line of the Starks's property. Exhibit F - Messina Meadows EXHIBIT G Messina Meadows Subdivision AZ-05-0 17 Zoning Amendment Findings According to Meridian City Code (MCC) 11-15-11, General Standards Applicable to Zoning Amendments, both the Planning & Zoning Commission and Council are required "to review the particular facts and circumstances of each proposed zoning amendment in terms ofthe following standards and shall find adequate evidence answering the following questions about the proposed zoning amendment." The following is the list of standards found in 11-15-11: Will the new zoning be harmonious with and in accordance with the Comprehensive Plan and, if not, has there been an application for a Comprehensive Plan amendment; In Chapter VII of the Comprehensive Plan, 'medium density' is defined as areas including single-family homes at densities of three to eight dwelling units per acre. Staff finds that the requested zoning designation, R-8, is harmonious with and in accordance with the 2002 Comprehensive Plan and Future Land Use Map, which designates the land to be "Medium Density Residential". The 3.58 dwelling units per acre proposed with the preliminary plat are consistent with previous Commission and Council actions and generally conform to the goals, objectives, and action items contained in the Comprehensive Plan for this area. In addition, the applicant's cover letter (dated March 7, 2005) lists several Comprehensive Plan policies, all of which support the annexation and proposed residential use of the property. Staff finds the following 2002 Comprehensive Plan text policies to be applicable to this application (staff analysis is in italics below policy): After evaluating the original preliminary plat submittal and the Comprehensive Plan policies regarding hazardous use (floodplain), multi-use pathway, and preservation of natural features areas, staff discussed with the applicants agent the portion of the site within the floodplain and along the Ridenbaugh Canal, the Eight-Mile Drain and Ten-Mile Drain designated for multi-use pathways. Staff expressed concerns that the proposal needed to conform to the purpose statement of the natural features goals and policies and staff can make the findings to recommend approval based on the following: Chapter V A.2 P30 - Hazardous Areas - The purpose of the floodplain District is to guide development in the flood-prone areas of any watercourse that is consistent with the requirements for the conveyance of flood flows and to minimize the expense and inconveniences to the individual property owners and Exhibit G - Messina Meadows the general public through flooding. Uses permitted in this district are generally associated with open space, recreational, and agricultural land uses and do not hinder the movement of floodwaters. The applicant has submitted a letter from Paul Kunz (April 28, 2005) indicating that the applicant has made the first indications of filing for a Letter of Map Revision to the Federal Emergency Management Agency. The letter indicates that if the farm access roads are removed within the Bellingham Park proposal then the lOa-year floods would be contained within the naturally graded banks of Ten-Mile Creek. As reported soils types closest to the Ten Mile Creek are prone to flooding with seasonal high groundwater levels at 5-10jeet below grade. The submitted plan has seventy (70) lots proposed in the current floodplain designation. The applicant has reviewed a letter from John Anderson, of Nampa Meridian Irrigation District addressing usage along major canal systems. Staff feels the plat dated March 14, 2005 adequately addresses the location of the multi- use pathways which provide a buffer from the creeks to residential lots and will not hinder the movement offloodwaters. Chapter VI C.2 P71 - Multiuse pathways: Pathways that encourage use by bicyclists and ~ pedestrians can decrease road congestion and add to the community's quality of life. The proposed off-street and multiuse pathway systems are depicted in Figures VI-3 and VI-4. New and existing developments should ensure that the guidelines laid out in this plan are adopted. The applicant has included multiuse pathways proposed in this development. The Comprehensive Plan indicates in Figures VI -3 and VI-4 the locations of pathways along the Ridenbaugh Canal, Eight Mile Creek, and Ten-Mile Creek. In response to the Nampa Meridian Irrigation District letter indicating the need to have all pathways located away fi'om the interchange of the Ten-Mile Creek and the Ridenbaugh Canal, the applicant has proposed an alternate route for the pathway. Staff supports the pathway system in these locations. With the relocation of the pathways away from the canal systems the applicant has also proposed a more intensive use closer to the irrigation interchange than a pathway. The following goals and policies support the request for additional open space along natural resources: Exhibit G - Messina Meadows · "Preserve and conserve our waterways, wetlands, wildlife habitat, and other natural resources."(Chapter V, Goal I, Objective AI) · "Preserve open space for recreation conservation and aesthetics" (Chapter V, Goal I, Objective A2) · "Identify waterways, wetlands, and other natural resources for preservation" (Chapter V, Goal I, Objective A, Action item 1) · "Identify feasible interconnected greenbelt areas along waterways, railroads, etc." (Chapter V, Goal I, Objective A, Action item 2) · . "Develop and maintain greenbelts along waterways" (Chapter V, Goal I, Objective A, Action item 4) · "Improve and protect creeks (Five Mile, Eight Mile, Nine Mile, Ten Mile, South Slough, and Jackson and Evans drainages) throughout commercial, industrial, and residential areas" (Chapter V, Goal I, Objective A, Action item 11) Staff also finds the following 2002 Comprehensive Plan text policies to be applicable to this application (staff analysis is in italics below policy): · "Require appropriate landscape and buffers along transportation corridors (setback, vegetation, low walls, berms, etc.)." (Chapter VII, Goal IV, Objective D, Action item 4) As depicted on the Comprehensive Plan Future Land Use Map, the applicant is proposing to construct a 25-foot wide landscape berm with vegetation along Eagle Road. Staff is supportive of these widths, as long as the entire buffer lies outside the ultimate right-ofway, and the sidewalk is located outside of the 25-foot wide buffer (or increase buffer to 40-feet). See Site Spec{fic Condition #5 in the Preliminary Plat section below. · "Consider "Accommodating Bicycle and Pedestrian Travel: A Recommended Approach" from the National Center for Bicycling and Walking in all land use decisions." (Chapter VI, Goal II, Objective A, #3) This publication encourages jurisdictions to establish bikeway and walkway facilities in new construction and reconstruction projects, in a manner that is safe, accessible and convenient. The proposal as · "On-street bikeways should be incorporated on all future Collector streets." (Chapter VI, Figure VI-5) Figure VI-5 on page 57 of the Comprehensive Plan designates an on-street bikeway mid-mile between Victory Road and Amity Road. The applicant is proposing a 36-foot street section for Wrightwood Way (collector). The applicant has not proposed an onstreet bike path for Locust Grove road between Victory and Amity but the addition of a 10-foot gravel shoulder for future expansions should accommodate bike lanes. Exhibit G - Messina Meadows A portion of the site located south of the quarter section line is locatd in the "Low Density Residential" Designation. In Chapter VII of the Comprehensive Plan, 'Low density' is defined as areas including single-family homes at densities of three dwelling units or less ner acre. The applicant is requesting that all the subject site be zoned R-8 (Medium Density Residential) and has made a request for a 'step up' in density. The R-8 district allows for a maximum of eight (8) dwelling units per acre (MCCll-7-2.C). The applicant's requested design provides for larger lots consistent with a lower density transitional area. The comprehensive plan states on Page 104, Objective D- Plan for appropriate uses within rural areas: "Require new urban density subdivisions which abut or are proximal to existing low density residential land uses to provide landscaped screening or transitional densities with larger, more comparable lot sizes to buffer the intelface between urban level densities and rural residential densities. " There is one approximately 3 acre lot located immediately south of the property classified as Low density residential. The applicant has calculated a residential density of 3.37 dwelling units to the acre for the overall low density designated area, however the lots surrounding the southern property are significantly larger and designed in such a manner as to be least intrusive. Although it would be possible to require an R-4 zoning designation staff sees the value in allowing one zoning designation on the entire subdivision. Staff supports the step up in density for this project. Staff recommends that the Commission and Council rely on staffs analysis, public testimony received and any comments submitted from any other agencies or departments regarding whether the proposed zone and subsequent development is harmonious with and in accordance with the Comprehensive Plan. B. Is the area included in the zoning amendment intended to be rezoned in the future; Concurrent with the annexation and zoning application, the applicant has submitted a preliminary plat and conditional use permit proposing single-family lots on the subject site (PP-05-0l9 & CUP-05-026). Staff does not anticipate that the applicant plans to rezone the subject property in the future if the accompanying CUP/PD and PP applications are approved. C. Is the area included in the zoning amendment intended to be developed in the fashion that would be allowed under the new zoning -for example, a residential area turning into a commercial area by means of conditional use permits; The existing proposal is consistent with the Comprehensive Plan. Staff does not anticipate commercial or other uses are planned for the site. Exhibit G ~ Messina Meadows 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; Staff finds that a substantial portion of the land to the north has been developed (or approved for development) in a manner similar to the proposed subdivision, with single-family dwelling units. The Tuscany Lakes Development (Tuscany Lakes, Messina Hills, Messina Village) to the north was approved with a gross density of 2.34 dwelling units per acre and a school site. Tuscany Lakes Subdivision is an R-4 subdivision with the lot range from 10,000 sq feet to 30,000 square feet. Neighboring Ada County Developments are in the 1 acre to 5 acre size range. This development is proposing significantly smaller lots, but within the acceptable limits for a medium density development bordering a low density residential area. There have been no recent street improvements in the area. Further, Eagle Road (south of Victory Road) is not currently scheduled within ACHD's Five Year Work Program or Capital Improvements Plan (CIP) for roadway widening. This entire development is not currently serviceable by the City of Meridian's sanitary sewer system. Phase I shall be served by a connection in Messina Village Subdivision #2, while sewer service for the western and southern phases ofthe development will be via the future main located along Ten-Mile Creek, through Tuscany Subdivision and piped under the Ridenbaugh Canal. If this development is approved, it shall be subject to extending the sewer system. Other urban services, such as water, are near to this site and the applicant should be able to extend such services to the site in cooperation with Meridian Public Works. Staff finds that the subject site is more dense than surrounding proposals and provides a housing type which has not been utilized in the immediate vicinity (Blocks 22-23). The overall proposal is consistent for development in a fashion similar to other properties in the area. E. Will the proposed uses be designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and that such use will not change the essential character of the same area; The applicant has submitted several front elevations for the proposed single- family homes. If the homes are constructed in substantial compliance with the submitted elevations, they will be similar in design to other residences in the area. The existing character of the area will, and is, currently changing. However, this is one of the first developments to apply for residential uses south of the Ridenbaugh canal. This development will set the tone for how tbe rest of this area, particularly the south, develops or does not develop. Exhibit G - Messina Meadows The monosed homes must be designed constructed and maintained in significant comoliance to the recommendations as listed bv the Geotechnical exnerts reoort. The houses must be desirmed in a fashion as to not allow anv groundwater to enter the crawlsoaces otherwise the housing products should be constructed without crawlsoaces. F. Will the proposed uses not be hazardous or disturbing to existing or future neighboring uses; Due to other existing and proposed uses near the site, staff does not anticipate that the proposed zoning/uses will be physically hazardous to future or existing uses or neighbors in the area. The floodplain must be engineered as to not hinder any floodwaters leaving the site. If a flood event occurs and buildings impact the flow of water downstream then the use may become hazardous to the neighboring properties. Staff recommends that the Commission and Council rely on staff analysis, comments from other agencies, and public testimony to determine whether the proposed use will be disturbing or hazardous to the existing neighboring uses and future expected uses in this vicinity. G. Will the area be served adequately by essential public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water, sewer or that the person responsible for the establishment - of proposed zoning amendment shall be able to provide adequately any of such services; This entire development is not currently serviceable by the City of Meridian's sanitary sewer system. Phase 1 shan be served by a connection in Messina Village Subdivision #2, while sewer service for the western and southern phases of the development will be via the future main located along Ten-Mile Creek, through Tuscany Subdivision and piped under the Ridenbaugh Canal. lfthis development is approved, it shall be subject to extending the sewer system. Other urban services, such as water, are near to this site and the applicant should be able to extend such services to the site. Water to serve this development is existing or currently under development with Tuscany Lakes Subdivision. The applicant shall be responsible for the extension of utilities to and through this proposed development. Sizing and routing shall be coordinated with the Public Works Department. The applicant and/or future property owners will be required to pay park and highway impact fees as well as construct on-site storm water drainage facilities. Exhibit G - Messina Meadows Based on the comments received from other agencies/departments, staff finds that the public services listed above can be made available to accommodate the proposed development. The Commission and Council should reference any written and/or verbal testimony submitted by any public service provider, regarding their ability to adequately service this project. H. Will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community; If approved, the developer will be financing the extension of sewer, water, public street infrastructure, utilities and irrigation services to serve the project. The primary public costs to serve the future residents will be fire, police, school facilities and services. Staff finds there will not be excessive additional requirements at public cost and this development will not be detrimental to the economic welfare of the community. I. Will the proposed uses not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; Staff recognizes that traffic and noise will increase with the approval of a development on this site; however, staff does not believe that the amount generated will be detrimental to the general welfare of the public. Staff does not anticipate that annexation and development in accordance with current city code and the Comprehensive Plan will create excessive noise, smoke, fumes, glare, or odors. Fencing along all canals and watelWays shall be a minimum of 6' in height and constructed of non-combustible materials as to not interfere with regular maintenance of ditches and waterways by Nampa Meridian lITigation District. J. Will the area have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public streets; The applicant is proposing to construct one public street entrance into the site from Eagle Road and a public street connection to the site from Amity Road and a stub street at the Y2 section line as outlined by the comprehensive plan. The proposed public street entrances to Eagle and Amity Roads have been proposed to ACHD. If all vehicular approaches (streets) are approved and constructed in accordance with ACHD policies, staff does not believe that the subdivision will create interference with traffic on the sUITounding public streets. Please review any comments from ACHD for this project for additional information regarding this finding. Exhibit G - Messina Meadows K. Will not result in the destruction, loss or damage of a natural or scenic feature of major importance; and The comprehensive plan defines the Ten-Mile Creek and Eight Mile Creek as a natural features of importance, as described in the Annexation and Zoning Analysis A. The applicant should make all attempts at preservation ofthis natural feature. There are many game species in the vicinity which utilize the drainage systems for habitat. Any existing trees larger than 4" caliper that are removed should be mitigated for, per the Landscape Ordinance. Staff recommends that the Commission and Council reference any public testimony that may be presented to determine whether or not the proposed development may result in the destruction, loss or damage of a natural or scenic feature(s) of importance of which staff is unaware. L. Is the proposed zoning amendment in the best interest of the City of Meridian. (Ord. 592, 11-17-1992)? In accordance with the findings listed above, staff finds that the annexationlzoning ofthis property, as proposed by the applicant, would be in the best interest of the City. Exhibit G - Messina Meadows EXHIBIT H Messina Meadows Subdivision PP-05-019 Preliminary Plat Findings Sections 12-3-3 J.2 and 12-3-5 D read as follows: "In determining the acceptance ofa proposed subdivision, the Commission/Council shall consider the objectives of this title and at least the following: A. The conformance of the subdivision with the Comprehensive Development Plan; Please see Annexation and Zoning Analysis "A" above. B. The availability of public services to accommodate the proposed development; Please see Annexation and Zoning Analysis "G" above. C. The continuity of the proposed development with the capital improvement program; Because the developer will be required to install sewer, water, and utilities for the development at their cost, staff finds that a development on this property will not require the expenditure of capital improvement funds. D. The public financial capability of supporting services for the proposed development; The development will not require major expenditures for providing supporting services. Staff recommends the Commission and Council rely upon comments submitted from the public service providers (i.e. police, fire, ACHD, etc.) to determine this finding. (See finding "G" under Annexation and Zoning Analysis above, and the Agency Comments and Conditions at the end of this report for more detail.) 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 health, safety or environmental problems associated with this subdivision that should be brought to the Council or Commission's attention; other than the floodway and potential groundwater/soils issues previously discussed, no hazardous natural features have been identified on the site. ACHD considers road safety issues in their analysis. Staff finds the Commission and Council should rely on any public testimony that may be presented to determine whether the proposed use may cause health, safety or environmental problems of which staff are aware. EXHIBIT I Messina Meadows Subdivision CUP-05-026 CUP/PD Findings The Commission and Council shall review the particular facts and circumstances of each proposed conditional use in terms of the following and may approve a conditional use permit if they shall find evidence presented at the hearing(s) is adequate to establish (11- 17-3): A. That the site is large enough to accommodate the proposed use and all yards, open spaces, parking, landscaping and other features as may be required by this ordinance; As part of the Planned Development (PD) the applicant is requesting relief from the standard street frontage requirement and lot size requirement and standard setbacks, as required by Meridian City Code. See Special Consideration #1 below for detailed analysis. Staff finds that the subject property is large enough to acconunodate the requested use and all other required features. Although the site is large enough to accommodate all of the features required by ordinance, the applicant has asked, through the Planned Development, to modify specific development standards. B. That the propo~sed use and development plan will be harmonious with the Meridian Comprehensive Plan and in accordance with the requirements of this Ordinance; Staff finds that the proposed single-family residential subdivision, with a gross density of3.58 dwelling units per acre, is generally harmonious with and in accordance with the 2002 Comprehensive Plan and Future Land Use Map, which designates the site to be "Medium Density Residential" and "Low Density Residential" (provided the Commission and Council grant the requested planned development). Please see Annexation & Zoning Analysis "A" above. C. That the design, construction, operation, and maintenance will be compatible with other uses in the general neighborhood and with the existing or intended character of the general vicinity and that such use will not adversely change the essential character of the same area; Please see Annexation & Zoning Analysis "E" above. D. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity; Exhibit I - Messina Meadows Staff recommends that the Commission and Council rely upon public testimony, staffs analysis, and other agency comments when determining if the proposed uses will adversely affect other properties in the vicinity. E. That the proposed use will be served adequately by essential public facilities and services such as highways, street, police, and fire protection, drainage structures, refuse disposal, water, sewer or that the person responsible for the establishment of proposed conditional use shall be able to provide adequately any such services; Please see Annexation & Zoning Analysis "G" and "H" above, the Other Agency/Department Comments and Conditions at the end of this report, and any comments that may be submitted to the City Clerk regarding this project. F. That the proposed use will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community; Please see Annexation & Zoning Analysis "H" above. G. That the proposed use will not involve activities or processes, materials, equipment, and conditions of operation that will be detrimental to any persons, property, or general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; Please see Annexation and Zoning Analysis "I" above. H. That the proposed use will have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public streets; Please see Annexation & Zoning Analysis "J" above. The Commission and Council should review any comments received from the ACHD provide for this project when determining this finding. I. That the proposed use will not result in the destruction, loss or damage of a natural, scenic or historic feature considered to be of major importance. Please see Annexation & Zoning Analysis "K" above. SPECIAL CONSIDERA TraNS-CONDITIONAL USE PERMIT 1. Reduced Standards: As stated earlier, the applicant is requesting modifications from standard ordinance requirements for street frontage and lot size. Lot Size: The applicant has requested reduced lot sizes; the submitted preliminary plat has lots below the 6,500 square-foot minimum size. Therefore, a modification Exhibit I - Messina Meadows to the standard R-8 lot size of 6,500 square-feet is applicable. The proposed lot sizes range from 3,600 square-feet to 30,713 square-feet. Lot Fronta2:e: The minimum requested street frontage is 40-feet. There are lots that have between 40-feet and 168-feet of frontage (65-feet is the minimum for the R-8 zone). The Lots located in Blocks 22 and 23 along the private streets and the lots to be accessed through Common Drives also require relief from the minimum street frontage. Staff is supportive of reducing the frontage for some of the lots as it provides lot diversity. Setbacks: The minimum requested setbacks as defined by the submittal of 3/14/05 is detailed above. Staff recommends that all street setbacks comply with these requests (See Site Specific Conditions-Preliminary Plat). Side yard setbacks shall be five (5) feet and rear yard setbacks shall be 15 feet. Staff would recommend even greater setbacks for lots along canals and watelWays to help mitigate any NMID issues. 2. Amenities: MCC 12-6-2.A.3 requires two or more amenities to be provided as part of each planned development. The proposed amenities for the subject planned development include: a 8.5-acre public park, an extensive open space lot system for multi-use pathways and a common lot with a clubhouse and a pool. The proposed open space makes up greater than 10% of the site, 5% minimum is required and it takes 10% to count open space as an amenity. However, on site parking for the public park has not been addressed by the applicant. On-street parking will be limited adjacent to the 8.5 acre park along the collector roadways. The applicant is proposing parking for the clubhouse located on Lot 3, Block 1 to be located off of Tusa Street. As proposed, staff believes the proposed park and open space areas provide sufficient amenities relative to the size of the proposed development. Landscaped open space means land exclusive of street rights-of- way and street buffers, except for right-of-way specifically dedicated for landscaping within a subdivision. The applicant states that the total open space areas account for 18.68 acres of which approximately 14-acres count toward open space which meets the open space definition in the PD ordinance. No drainage lots, required street buffers, or canal buffers have been included in this calculation. 3. Elevations: The applicant has submitted several front elevation drawings for the proposed dwelling units. Staff believes that the dwelling units will be compatible with the adjoining uses, if the buildings are constructed as shown on the submitted elevations. Construction within Messina Meadows Subdivision should substantially comply with the elevations submitted by the applicant. Construction materials used on the structures should be approved by the City of Meridian Building Department and in accordance with the most recent Uniform Building Code. See Site Specific Condition #4 below. Exhibit I - Messina Meadows July 22, 2005 MERIDIAN CITY COUNCIL MEETING APPLICANT July 26, 2005 ITEM NO. 5- BB& REQUEST Resolution - Setting Forth Certain Findings and Purposes Authorizing the Sale of Surplus Property at Public Auction; Authorizing the Mayor of the City of Meridian to Sell Surplus Property Located on Lot 63, Block 14 in Thousand Springs Subdivision No.5 AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: COMMENTS See attached Resolution ~ ~\) vi & Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meetings shall become property of the City of Meridian. CITY OF MERIDIAN RESOLUTION NO. 06" 4AO BY THE CITY COUNCIL: BIRD, DONNELL, ROUNTREE, WARDLE A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, SETTING FORTH CERTAIN FINDINGS AND PURPOSES AUTHORIZING THE SALE OF SURPLUS PROPERTY AT PUBLIC AUCTION; AUTHORIZING THE MAYOR OF THE CITY OF MERIDIAN TO SELL SURPLUS PROPERTY LOCATED ON LOT 63, BLOCK 14 IN THOUSAND SPRINGS SUBDIVISION NO.5, PURSUANT TO IDAHO CODE SECTION 50-1403; BE IT RESOL YED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: WHEREAS, the City of Meridian owns property valued at $3,500.00 which is located on Lot 63, Block 14 in Thousand Springs Subdivision No.5; and WHEREAS, on July 20,2004, the City Council of the City of Meridian held a public hearing and approved the sale of said property as surplus property at auction; and WHEREAS, it is in the best interests of the City of Meridian to sell said property at public auction, which property is located at Lot 63, Block 14 in Thousand Springs Subdivision No.5, Ada County, Idaho, as surplus property, due to the fact that this particular piece of property is no longer needed or used by the City of Meridian. Additionally, the cost and expense to the City of Meridian for maintaining the property exceeds its value to the City of Meridian; and NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL, as follows: SECTION 1. The Mayor and City Council hereby authorize and declare that the property located on Lot 63, Block 14 in Thousand Springs Subdivision No.5, Ada County, Idaho, is surplus property. SECTION 2. The Mayor and City Council hereby authorize the sale of said property located on Lot 63, Block 14 in Thousand Springs Subdivision No.5, Ada County, Idaho, at public auction to the highest bidder and that no bids shall be accepted for less than the minimum declared value of $3,500. SECTION 3. The Mayor is authorized to sign, and the City Clerk to attest, any and all documents necessary to effect the sale of property authorized by this resolution. RESOLUTION AUTHORIZING SALE OF PROPERTY AT PUBLIC AUCTION - LOT 63, BLOCK 14 IN THOUSAND SPRINGS SUBDIVISION NO.5 Page 1 of2 ADOPTED by the City Council of Meridian, Idaho ~ day of -r; \ \ \ ) 2005. APPROVED by the Mayor of the City of Meridian, Idaho, this 21O~ay of I;' I II J ,2005. A1:: j , ai' ~ () OM - ()>J William G. Berg, Jr., City Clerk ~ RESOLUTION AUTHORIZING SALE OF PROPERTY AT PUBLIC AUCTION - LOT 63, BLOCK 14lN THOUSAND SPRINGS SUBDIVISION NO.5 Page 2 of2 July 22,2005 MERIDIAN CITY COUNCIL MEETING APPLICANT July 26, 2005 ITEM NO. 5-CC REQUEST Resolution - Declaring the Intent of the City of Meridian to Convey to the Meridian Development Corporation Certain Real Property Located at 55 East Broadway Avenue in the City of Meridian and Legally Described as Lots 20 and 21 of Block 1 AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: COMMENTS See attached Resolution ~ctoJL oS .-4<(;\ Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meetings shall become property of the City of Meridian. CITY OF MERIDIAN RESOLUTION NO. l:f;- 42:'; , BY THE CITY COUNCIL: BIRD, DONNELL, ROUNTREE, WARDLE A RESOLUTION DECLARING THE INTENT OF THE CITY OF MERIDIAN TO CONVYEY TO THE MERIDIAN DEVELOPMENT CORPORATION CERTAIN REAL PROPERTY LOCATED AT 55 EAST BROADWAY A VENUE IN THE CITY OF MERIDIAN AND LEGALLY DESCRIBED AS LOTS 20 AND 21 OF BLOCK 1 OF THE MERIDIAN TOWNSITE; INSTRUCTING THE CITY CLERK TO ESTABLISH AND NOTICE A HEARING TO REVIEW THE PROPOSED CONVEYANCE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, whenever the City Council proposes to convey any real property, Idaho Code Section 50-1402 requires a declaration of the City Council setting forth the value or minimum price, if any, it intends to receive as a result of such conveyance or exchange; and, WHEREAS, the declaration may be in the form of an explanation of an intended exchange or conveyance for other than monetary consideration; and, WHEREAS, when it is determined by the City Council to be in the City's best interest that a transfer or conveyance be made, the City Council may, pursuant to the procedure set forth in Idaho Code Section 50-1403, authorize the transfer or conveyance of any real property owned by the City to any tax supported governmental unit, with or without consideration; and, WHEREAS, the Meridian Development Corporation, an Idaho urban renewal agency, has requested that the City Council of the City of Meridian set a hearing to consider the transfer of certain real property from the City to the Meridian Development Corporation; and, WHEREAS, following the declaration of intent, the City Clerk shall publish a sununary of the action taken by the city council and provide notice of a public hearing before the City Council at least fourteen (14) days prior to the date ofthe hearing; and, Resolution Declaring Intent to Convey Real Property Page 1 of2 NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN CITY, IDAHO: Section 1. That it is hereby declared that the City of Meridian intends to convey to the Meridian Development Corporation certain real property located at 55 East Broadway in the City of Meridian and legally described as Lots 20 and 21, Block 1 ofthe Meridian Townsite. Section 2. That the City of Meridian hereby declares its intention to convey the real property without consideration because it is in the City's best interest that the Meridian Development Corporation take over ownership and management of the real property in furtherance of the goals ofthe Meridian's urban renewal agency. Section 3. That the City Clerk is hereby instructed to publish a summary of this declaration if intent and establish a public hearing date to review the proposal to convey the real property. Section 4. That the City Attorney is hereby instructed to bring forth a proposed Ordinance as required by Idaho Code 50-1403 for the consideration of the City Council at the conclusion of the public hearing. Section 5. That this Resolution shall be in full force and effect immediately upon its adoption and approval. ADOPTED by the City Council of the City of Meridian, Idaho, this ~ day of ::J,' " , 2005. APP~OVED by the Mayor of the City of Meridian, Idaho, this ~ day of ~\ \ \(s ,2005. .~~-~~)-toi'ir Resolution Declaring Intent to Convey Real Property Page 2 of2 P P 05-009 July 22, 2005 MERIDIAN CITY COUNCIL MEETING July 26, 2005 APPLICANT Gemstar Development, LLC ITEM NO. 5-E REQUEST Findings for Approval - Request for Preliminary Plat approval of 166 building lots and 37 common lots on 43.18 acres in a proposed R-8 zone for Bellingham Park Subdivision - north of Amity Road and east of South Locust Grove Road AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: COMMENTS AfP'l7JJ Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meetings shall become property of the City of Meridian. July 22,2005 MERIDIAN CITY COUNCIL MEETING APPLICANT July 26, 2005 ITEM NO. 5-J REQUEST Award of Bid for Well No. 26 Pumping Facilities to Star Construction, LLC AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: See attached AfpVV- Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at publ1c meetings shall become property of the CIty of MeridIan. City of Meridian Public Works Dept. Memo To: Will Berg; Tara Green From: Jon Mills, Staff Engineer CC: Len Grady, City Engineer Date: 07/14/2005 Re: Proposed Agenda Item for July 19, 2005 City Council Meeting The Public Works Department respectfully requests the following item be placed on the July 19 City Council agenda, under Consent Agenda, for Council's consideration: Well No. 26 Pumoina Facilities. Two bids were received for this project as summarized below and detailed in the attached spreadsheet: Star Construction, LLC Challenger Companies, Inc. $354,405.00 $420,119.32 This project consists of the construction of pumping facilities for Well No. 26 including site grading; asphalt driveway; 28'x28' concrete block pump house; vertical turbine pump and motor; discharge piping; electrical controls; heating, ventilation and air conditioning; standby generator set; and appurtenances. Recommended Council Action: The Public Works Department recommends that City Council approves the contract for the Well No. 26 Pumping Facilities with Star Construction, LLC for $354,405.00 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 1 Project: 2005 Well 26 Pumping Facilities Bid Opening: 7/13/053:00 PM Bidder Star Construction, LLC Challenger Companies, Inc. Proposal Properly y NO (Miscalculation of Bid) Completed and Signed Bid Bond Attached Y y Bid Amount $354,405 $420,119.32 ~ ~ \ ~ ~ ~ ~ ]) "{, ~ ~ ~ \: ~ ,~ \J g .0 a: c .2 g ! ~ ~ 'c l'G 1Il U 1Il ~ (J) an Q Q N :ii: 0.. Q Q M an Q o ~ OJ c .~ t Co 1Il 0 '0 " a: iii t~ ft~. 1-\') .1J " Q. ~cs:. 1Il " " iii ~ ~ ~CW lIl-o o.c e l'G 0.." _ 1Il m~ o 0. o.E e 0 0..(,) a rJ ~ x "" ~ ~ :tf"" ] U l'Il ~ " c o !Xl " iii C ::J o E <( " iii " (I) c ~~ 1Il" o.c o l'G ~"g m~ o 0. o.E e 0 0..(,) -0 1Il ..c: u .s :i -g o !Xl -0 iii C ::J o E <( -0 iii July 22,2005 MERIDIAN CITY COUNCIL MEETING APPLICANT July 26, 2005 ITEM NO. 5-K REQUEST Water Main Easement Agreement for Park's Westside Body Works by Tim Wallace 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 f\f~ Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meetings shall become property of the City of Meridian. City of Meridian Public Works Dept. Memo i 5 2005 City Of Mericlian City Clerk Office To: Mayor De Weerd & City Council From: Karie Glenn cc: File Date: 7/13/2005 Re: Proposed Agenda Items for 7/19/05 City Council Meeting The Public Works Department respectfully requests that the following items be placed on the 7/19/05 City Council agenda, on the Consent Agenda, for Council's consideration: 1) Water Main Easement for Park's Westside Bodv Works bv Tim Wallace. Typical Water Main Easement. - This easement replaces a previous version approved on 4(18/05. Recommended Council Action: Approve the Water Main Easement for Park's Westside Body Works by Tim Wallace and authorize the Mayor to sign and City Clerk to attest. Thank you for your consideration. . Page 1 WATER MAIN EASEMENT THIS INDENTURE, made this _ day of _, 20_between , the parties of the first part, and hereinafter called the Grantors, and the City of Meridian, Ada County, Idaho, the party of the second part, and hereinafter called the Grantee; WITNESSETH; WHEREAS, the Grantors desire to provide a water main right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the water main is to be provided for through an underground pipeline to be constructed "by others; and WHEREAS, it will be necessary to maintain, service and subsequently connect to said pipeline from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantors, and other good and valuable consideration, the Grantors do hereby give, grant and convey unto the Grantee the right- of-way for an easement for the construction, operation, maintenance, repair, replacement of a water main over and across the following described property: (SEE ATTACHED EXHIBIT A and B) The easement hereby granted is for the purpose of construction and operation of a water line and their allied facilities, together with their maintenance, additional connection thereto, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after construction, making repairs, performing other maintenance or making subsequent connection to the water line, Grantee shall restore the area ofthe easement and adjacent property to that existent prior to undertaking such construction, repairs and maintenance. However, Grantee shaH not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. THE GRANTORS hereby covenant and agree that they will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTORS hereby covenant and agree with the Grantee that should any part of the right -of- way and easement hereby granted shall become part of, or lie within the boundaries of any public street, then, to such extent, such right-of-way and easement hereby 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.doc THE GRANTORS do hereby covenant with the Grantee that they are lawfully seized and possessed of the aforementioned and described tract ofland, and that they have a good and lawful right to convey said easement, and that they will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. GRANTOR: -c u./~t? O\V1ler STATE OF IDAHO ) ) ss County of Ada ) On this ~ day of A pr i 1 ~ ' 20 afbefore me, the undersigned, a Notary Public in and for said State, personally appeared I, m W n / fa. f1. e ImO\V1l or identified to me to be the O\V1ler of the corporation that executed the within instrument, and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year fist above written. ",<~'lo~~'t~I'~ fil;l'~:; ~~'" (SE~~:~""""u",,~-&)- ..-;~ f /' ~OTA.l?y"\ \ ~ * ~ ~G=- j * S \. tP """0 PUB L:\' C.,/ ! ........:.f ;"c"....""'"..,,..... <o-O.:-"'~ ~~;~;'~a2~;~~;~.. GRANTEE: CITY OF MERIDIAN Water Main Easement EASMT WTRdoc CITY OF MERIDIAN Tammy de Weerd, Mayor William G. Berg, Jr., City Clerk Approved by Council on : STATE OF IDAHO, County of Ada, ) On this _day of ,2005, before me, the undersigned, a Notary Public in and for the State ofIdaho, personally appeared Tammy de Weerd and William G. Berg, Jr., known to me to be the Mayor and City Clerk of the City of Meridian, Idaho and who subscribed their names ~to the within instrument and acknowledged to me that the City of Meridian executed the same. IN 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: IDAHO SURVEY GROUP 1450 East Watertower St. Suite 150 Meridian, Idaho 83642 Ph 0 n e (208) 846-8570 Fax (208) 884-5399 Project No. 04-355-01 April 7, 2005 Revised June 6, 2005 Park's Westside Body Works Meridian City Water Easement A parcel ofland located in the SW 1/4 of Section 6, T.3N., R.1E., B.M., Ada County, Idaho, more particularly described as follows: Commencing at the Southwest corner of said Section 6, from which the South 1/4 corner of said section bears North 88001 '10" East, 2404.62 feet; Thence North 88001 '10" East, 1131.59 feet; Thence North 00021 '46" West, 63.48 feet to a point on the North right-of-way ofFairview Avenue; Thence along said right-of-way South 88034'57" West, 20.50 feet to the REAL POINT OF BEGINNING. Thence continuing South 88034'57" West, 41.50 feet; Thence North 00021'46" West, 16.00 feet; Thence South 88034'57" West, 10.50 feet; Thence North 00021' 46" West, 22.50 feet; Thence North 88034'57" East, 32.00 feet; Thence North 00021 '46" West, 57.00 feet; Thence North 88034' 57" East, 40.50 feet; Thence South 00021'46" East, 20.00 feet; Thence South 88034'57" West, 20.50 feet; Thence South 00021 '46" East, 75.50 to the Point of Beginning. Professional Land Surveyors 0_ -do rjJ D 0- -? Z C1 ~ \ t;; o '----- NOll V::lC SV;:J o 8~z ~~~ zfTI' ~@~ fTINo, g~~ il~ ~~~ ~l NOll V:JOl ~3MOd 3NOHd3l31 3t1nH d3- NCO Q;0 f'lq ......, - J>:;::! ~~ '" July 22, 2005 MERIDIAN CITY COUNCIL MEETING APPLICANT July 26,2005 ITEM NO. 5-L REQUEST Water Main Easement Agreement for Waltman Court Subdivision AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: See attached ~ Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meetings shall become property of the City of Meridian. City of Meridian Public Works Dept. Memo JUL 5 2005 To: Mayor De Weerd & City Council From: Karie Glenn cc: File Date: 7/12/2005 Re: Proposed Agenda Items for 7/19/05 City Council Meeting The Public Works Department respectfully requests that the following items be placed on the 7/19/05 City Council agenda, on the Consent Agenda, for Council's consideration: 1) Water Main Easement for Waltman Court Subdivision. Typical Water ~ain Easement. Recommended Council Action: Approve the Water Main Easement for Waltman Court Subdivision and authorize the Mayor to sign and City Clerk to attest. Thank you for your consideration. . Page 1 WATER MAIN EASEMENT THIS INDENTURE, made this _day of 2005 between Buffalo Hump, LLC, the parties of the frrstpart, and hereinafter called the Grantors, and the City of Meridian, Ada County, Idaho, the party of the second part, and hereinafter called the Grantee; WITNESSETH: WHEREAS, the Grantors desire to provide a water main right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the water main is to be provided for through an underground pipeline to be constructed by others; and WHEREAS, it will be necessary to maintain, service and subsequently connect to said pipeline from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantors, and other good and valuable consideration, the Grantors do hereby give, grant and convey unto the Grantee the right- of-way for an easement for the construction, operation, maintenance, repair, replacement of a water main over and across the following described property: (SEE A IT ACHED EXHJBIT A, B, C, D, & E) The easement hereby granted is for the purpose of construction and operation of a water line and their allied facilities, together with their maintenance, additional connection thereto, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after construction, making repairs, performing other maintenance or making subsequent connection to the water line, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such construction, repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. TIlE GRANTORS hereby covenant and agree that they will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. TIlE GRANTORS hereby covenant and agree with the Grantee that should any part of the right-of- way and easement hereby granted shall become part of, or lie within the boundaries of any public street, then, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. Water Main Easement EASMT WTR.doc THE GRANTORS do hereby covenant with the Grantee that they are lawfully seized and possessed of the aforementioned and described tract ofland, and that they have a good and lawful right to convey said easement, and that they will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. GRANTOR: Buffalo Hump, LLC /~:fL "Shane Mace PfesWerrt r7(./t\J1'rt'J M &1'%5 ~ STATE OF IDAHO ) ) ss County of Ada ) On this ~ day of mr~ 12..J2. L 20~before me, the undersigned, a Notary Public in and for said State, personally appeared S ho.. .\"\.E....- \?;. . Y'1\..Qu:.....€ and known or identified to me to be the President and Secretary, respectively, of the corporation that executed the within instrument, and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year fist above written. """. In 11.''1''''1: ~,'-' ~\1\ DeLo?p 'I, ~'ft~() f>,q #~ (SF#L)V" ... <1 '\ i ",OT All ~ i : ...... : \ .. ~l1aL\(, j \~?> .. 0 I '##,;; l'lJ 0 F \'0 ~~......~ .'1""11111111""" ~~~~ NOTARY PUBLIC FOR IDAHO Residing at '-1l ~ dL& Commission Expires: I (J - ~ <.../ - ;200 '7 Water Main Easement EASMT WTR.doc GRANTEE: CITY OF MERIDIAN Tammy de Weerd, Mayor Attest by William G. Berg, City Clerk Approved By City Council On: STATE OF IDAHO, County of Ada On this _day of , 20_, before me, the undersigned, a Notary Public in and for said State, personally appeared TA1v1MY de WEERD and WILLIAM G. BERG, JR., known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I "have hereunto set my hand and affixed my official seal the day and year first above written. (SEAL) NOTARY PUBLIC FOR IDAHO Residing at: Commission Expires: Water Main Easement EASMT WTR.doc WALTMAN COURT SUBDIVISION WATER MAIN EASEMENTS LOCATED IN THE SW 1/4 OF THE NE J/4 OF SECTION J 3, TOWNSHIP 3 NORTH, RANGE I WEST, BOISE MERIDIAN, CITY OF MERIDIAN, ADA COUN1Y, IDAHO 2005 ~ C 1/4 -----11.. 1321.:::,- L1 125 _'321.24' ~13'0 18 CP&F INr~52'22. E CE 1/16 2642.81' E 1/4 #9016819 BASIS OF BEARING WALlMAN LANE CP&F INSr. #8425283 Lcj~rl,cl D1Ll~tlorjs ~and Surveying and Consulting 231 E. 5TH ST,. STE A MERIDIAN. ID 83642 {Z08} 288-2040 fax (208) 288-2557 WWlNJanc1solutions.biz UN/; U 12 L3 L4 LS L6 L7 L8 1.9 UO U1 U2 U3 U4 U5 U6 U7 U8 Lt9 120 121 122 123 124 125 o 100 200 400 L-_""'" LEGEND ~ SET I/Z" IRON PIN WITH Pl.S 11118 PlASTIC CAP FOUND 518" IRON PIN SET SIB" IRON PIN WITH PLS 1/118 PlASTIC CAP FOUND BRASS CAP MONUMENT @ o - - - SECTION LINE/CENTER LINE - . . - . . - EASEMENT LINE BOUNDARY LINE ~~+\, 1:'(- A Boundary Description Waltman Court Subdivision Water Main Easement # 1 A water main easement located in the SW X of the NE 'X of Section 13, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, more particularly described as follows: Commencing at a 5/8 inch diameter iron pin marking the southwesterly corner of said SW 'X of the NE 'X (Center 'X Corner), from which a brass cap monument marking the southeasterly corner of the NE Y4 of said Section 13 (X Corner) bears S 89052'22" E a distance of 2642.81 feet; Thence S 89052'22" E along the southerly boundary of said SW -y.; of the NE % a distance of 1321.57 feet to a point marking the southeasterly corner of said SW X of the NE %; Thence N 0013'29" E along the easterly boundary of said SW % of the NE Y4 a distance of 25.00 feet to a point; Thence continuing along said easterly boundary N 0013'29" E a distance of 635.01 feet to a point; Thence leaving said easterly boundary S 89033'18" Wa distance of 164.38 feet to the POINT OF BEGINNING; Thence S 0014'07" E a distance of 20.00 feet to a point; Thence S 89033'18" Wa distance of 20.00 feet to a point; Thence N 0014'07" Wa distance of 20.00 feet to a point; Thence N 89033'18" E a distance of 20.00 feet to the POINT OF BEGINNING; This parcel contains 400.00 square feet (0.01 acres) and is subject to any other easements existing or in use. Clinton W. Hansen, PLS Land Solutions, P.C. February 22, 2005 ~'>'~ , g.r r= c; Boundary Description Waltman Court Subdivision Water Main Easement #2 A water main easement located in the SW 'X of the NE 'X of Section 13, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, more particularly described as follows: Commencing at a 5/8 inch diameter iron pin marking the southwesterly corner of said SW % of the NE % (Center 'X Comer), from which a brass cap monument marking the southeasterly comer of the NE % of said Section 13 (% Corner) bears S 89052'22" E a distance of 2642.81 feet; Thence S 89052'22" E along the southerly boundary of said SW 'X of the NE % a distance of 1321.57 feet to a point marking the southeasterly corner of said SW % ofthe NE"X; Thence N 0013'29" E along the easterly boundary of said SW % of the NE 'X a distance of 25.00 feet to a point; Thence continuing along said easterly boundary N 0013'29" E a distance of 689.01 feet to a point; Thence leaving said ~easterly boundary S 89033'18" W a distance of 164.82 feet to the POINT OF BEGINNING; Thence continuing S 89033'18" W a distance of 20.00 feet to a point; Thence N 0014'07" Wa distance of 20.00 feet to a point; Thence N 89033'18" E a distance of 20.00 feet to a point; Thence S 0014'07" E a distance of 20.00 feet to the POINT OF BEGINNING; This parcel contains 400.00 square feet (0.01 acres) and is subject to any other easements existing or in use. Clinton W. Hansen, PLS Land Solutions, P.C. February 22, 2005 ~H' 8='-(" C Boundary Description Waltman Court Subdivision Water Main Easement #3 A water main easement located in the SW % of the NE % of Section 13, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, more particularly described as follows: Commencing at a 5/8 inch diameter iron pin marking the southwesterly corner of said SW % of the NE % (Center % Corner), from which a brass cap monument marking the southeasterly corner of the NE % of said Section 13 (% Corner) bears S 89052'22" E a distance of 2642.81 feet; Thence S 89052'22" E along the southerly boundary of said SW % of the NE % a distance of 1321.57 feet to a point marking the southeasterly corner of said SW X of the NE %; Thence N 0013'29" E along the easterly boundary of said SW % of the NE % a distance of 25.00 feet to a point; Thence continuing along said easterly boundary N 0013'29" E a distance of 635.01 feet to a point; Thence leaving said~easterly boundary S 89033'18" W a distance of 241.34 feet to the POINT OF BEGINNING; Thence S 0014'07" E a distance of 20.0? feet to a point; Thence S 89033'18" W a distance of 20.00 feet to a point; Thence N 0014'07" W a distance of 20.00 feet to a point; Thence N 89033'18" E a distance of 20.00 feet to the POINT OF BEGINNING; This parcel contains 400.00 square feet (0.01 acres) and is subject to any other easements existing or in use. Clinton W. Hansen, PLS Land Solutions, P.C. February 22, 2005 r;~tr5''':' V' Boundary Description Waltman Court Subdivision Water Main Easement #4 A water main easement located in the SW X of the NE X of Section 13, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, more particularly described as follows: Commencing at a 5/8 inch diameter iron pin marking the southwesterly corner of said SW X of the NE X (Center 14 Corner), from which a brass cap monument marking the southeasterly corner of the NE X of said Section 13 (X Corner) bears S 89052'22" E a distance of 2642.81 feet; Thence S 89052'22" E along the southerly boundary of said SW :!4 of the NE X a distance of 1321.57 feet to a point marking the southeasterly corner of said SW X of the NE 14; Thence N 0013'29" E along the easterly boundary of said SW :x of the NE :x a distance of 25.00 feet to a point; Thence leaving said easterly boundary N 89052'22" W a distance of 117.24 feet to a point on the easterly bank ofTen Mile Drain; Thence N 30008'45" ~W along said easterly bank a distance of 336.83 feet to a point; Thence continuing along said easterly bank N 62002'20" W a distance of 404.52 feet to a point; Thence leaving said easterly bank N 38000'13" E a distance of 55.72 feet to a point; Thence a distance of 81.39 feet along the arc of a 278.00 foot radius curve right, said cUlve having a central angle of 16046'28" and a long chord bearing N 46023'27" E a distance of 81.10 feet to the POINT OF BEGINNING; Thence a distance of 20.01 feet along the arc of a 278.00 foot radius curve right, said curve having a central angle of 4007'26" and a long chord bearing N 56050'24" E a distance of 20.00 feet to a point; Thence S 34024'57" E a distance of 35.07 feet to a point; Thence S 55035'03" W a distance of 20.00 feet to a point; Thence N 34024'57" W a distance of 35.50 feet to the POINT OF BEGINNING; ~)'#'~,(.. rt July 22, 2005 MERIDIAN CITY COUNCIL MEETING APPLICANT July 26, 2005 ITEM NO. 5-M REQUEST Water Main Easement Agreement for Ustick Marketplace. LLC AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: See attached ~~ Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meetings shall become property of the City of Meridian. City of Meridian Public Works Dept. Memo To: Mayor De Weerd & City Council From: Karie Glenn cc: File Date: 7/18/2005 Re: Proposed Agenda Items for July 26, 2005 City Council Meeting The Public Works Department respectfully requests that the following items be placed on the July 26, 2005 City Council agenda, on the Consent Agenda, for Council's consideration: 1) Water Main Easement for Ustick Marketplace LLC. Typical Water Main Easement. Recommended Council Action: Approve the Water Main Easement for Ustick Marketplace LLC and authorize the Mayor to sign and City Clerk to attest. Thank you for your consideration. . Page 1 WATER MAIN EASEMENT THIS INDENTURE, madethis!3~ay of~ 20c6between Vstick Marketplace, LLC, the parties of the first part, and hereinafter called the Grantors, and the City of Meridian, Ada County, Idaho, the party of the second part, and hereinafter called the Grantee; WITNESSETH: WHEREAS, the Grantors desire to provide a 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 conveyunto the Grantee the right- of-way for an easement for the constructiOij operation, maintenance, repair, replacement om water main over and acros:; the following described property: (SEE ATTACHED EXlllBIT A and B) The easement hereby granted is for the purpose of construction and operation of a water line and their allied facilities, together with their maintenance; additional connection thereto, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after construction, making repairs, performing other maintenance or making subsequent connection to the water line, Grantee shall restore the area of the easement and adj acent property to that existent prior to undertaking such construction, repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation cfthis easement. THE GRANTORS hereby covenant and agree that they will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use <f 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 Water Main Easement Water Main Easement Ciyt of Meridian 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 descdbed tract ofland, and that they have a good and lawful right to convey said easement, and that they will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. GRANTOR: USTICK MARKETPLACE, LLC An Idaho limited liability company By: Smith Brighton, LLC An Idaho lirniLty company ~th, Member By: STA TE OF IDAHO ) ) ss County of Ada ) On this / '3?J:- day of J v-I\...L -?J?~ before )lie, t,he uDgep;igned, a Notary Public in and for said State, personally appeared l!JItIJ1:::~.,.j C. 0111 (~ .aHti , known or identified to me to be the President and Secretary, respectively, of the corporation that executed the within instrument, and acknowledged to me that such corporation executed the same. IN WIlNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year fist abo~~,mmm;", ..........~\'- ~!~~~e:"',# !~~.....~^R;..... , C8fJdf ~o...., r_) i -. ,...... \. \ PUl\~ ".f i \'" ;~..............~ :....1 . ';"';;';'~I~~''''# Water Main Easement Water Main Easement Ciyt of Meridian 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 Chk, respectively, of the City of Meridian, Idaho, and who executed the within instrum~nt) 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 fit above written. (SEAL) NOTARY PUBLIC FOR IDAHO Residing at: Commission Expires: Water Main Easement Water Main Easement Ciyt of Meridian ~~~I!!J~ MA~COJJNj'o ~ ~?AlYJFEg~~ ]!;OO@:1 PROFESSIONAL ENGINEERS, LAND SURVEYORS & PLANNERS 314 BADIOLA STREET CALDWELL, IDAHO 83605 TELEPHONE: (208) 454-0256 FAX: (208) 454-0979 Email: jbeagley@emands.net FOR: JOB NO.: DATE: RE: REVISED: Smith Brighton Properties OC0704 June 3, 2005 Water Easement Description June 8, 2005 WATER MAIN EASEMENT A variable width easement for the purpose of locating, establishing, constructing, maintaining, repairing and operating an underground water line together with the right to excavate and refill ditches and/or trenches for the location of said water line, the right to remove bushes, trees, undergrowth and other obstructions interfering with the location, construction and maintenance of said water line and the right of ingress and egress in, from, to and over said easement for the P1ll1lose of inspecting, maintaining and repairing such water line. The easement is more fully described in the description below. The location of the easement is illustrated in Exhibit "B" hereto. An easement being a portion of the SWII4 SWI!4 of Section 33, Township 4 North, Range 1 East, Boise Meridian, Meridian, Ada County Idaho, more particularly described as follows: COl1unencing at the SW comer of said SWl/4 SWI!4 (Section comer common to Sections 32,33,4 and 5), said comer monumented with a 3-il1ch diameter brass disk; Thence S. 89049'30" E., a distance of 390.31 feet (formerly S. 89049' 08" E.) along the southerly boundary of said SW1/4 SWl!4 to a point; Thence N. 0029'13" E., a distance of373.67 feet to the POINT OF BEGINNING of said easement; Thence N. 89030'47" W., a distance of6.20 feet to a point; Thence S. 0020'51" E., a distance of32.70 feet to a point; Thence S. 45029'13" W., a distance of 86.59 feet to a point; Thence S. 89039'09" W., a distance of 34.41 feet to a point; Thence N. 0020'51" W., a distance of20.00 feet to a point; Thence N. 89039'09" E., a distance of26.29 feet to a point; Thence N. 45029'13" E., a distance of70.02 feet to a point; Thence N. 0020'51" W., a distance of 53.41 feet to a point; EARL, MASON & STANFIELD INC. PROFESSIONAL ENGfNEEIIS, LAND SUR VEYORS, & PLANNERS F:\Smitchger Sub. Smith Brighton OC0704\Survey\Legals\Lot 4 Water Easement Page 2 Thence S. 89039'09" W., a distance of15.51 feet to a point; Thence N. 0020'51" W., a distance of20.00 feet to a point; Thence N. 89039'09" E., a distance of 15.51 feet to a point; Thence N. 0020'51" W., a distance of 15.61 feet to a point; Thence N. 44030'47" W., a distance of 104.98 feet to a point; Thence N. 89030'47" W., a distance of 139.70 feet to a point; Thence N. 01050'41" E., a distance of 49:96 feet to a point; Thence N. 89008'08" E., a distance of20.03 feet to a point; Thence S. 01050' 41" W., a distance of 30.5 0 feet to a point; Thence S. 89030'47" E., a distance of 124.51 feet to a point; Thence S. 44030'47" E., a distance of 121.38 feet to a point; Thence S. 0020' 51" E., a distance of 40.89 feet to a point; Thence S. 89030'47" E., a distance of 6.66 feet to a point; Thence S. 0029'13" W., a distance of32.00 feet to the POINT OF BEGINNING of said easement. l~ \ WATER LINE EASEMENT EXHIBIT flB" ~ -' I::? S89.30'47"E :; ~ _12Ml'_ ----t:" L " U' -N8930'47"W- -4 ".;;~_ 139. 70' 1-~. '\:.<{s>~~ .....0 Joo\. '-, '!'.9c5'~'>t ':c. L~!1 ~-J i/L7 5 ~L ~~ L7' <0 <0 I ,::i -J ~~POINT OF 1, <0 -J)..: l1 BEGINNING ,\()>>~\'J ?: L t>;':itt:7 (..:~~ I ~ rL5 % /-')-0; ~O; i ~ -tf cJ'~ ro~' : () L3 ! ~! - - - - - Section line ::2i "11 ! .lLJ1 ~: ~: ~! ! 1 1 1 I TAN. J2~3J ____~_____ i 93~J5' T.JN. 5 ~'~____ , " E. USTlCK RD. - - 'U - - /1'.'1/15 Cor. CP&F#9BOB9055 ------------- SB9'4930E --------- 1329,56' ---.--------------- ;~~'i~;~:le 1'.'1/4 Cor. Sec. 33 CP&F #9808S06B i:S "". cS:>" I S~/16 Co,. T Sec. 32/33 1 I 1 I 1 I 1 ~~ I _"l ~ -I :+ ~~II QJ~ 1 LiNE TABLE LINE TABLE LlN[ B[ARING OISTANC[ LlN[ B[ ARING DJ5TANC[ Li N8930'47"W 6.20 l11 N01 '50'41 "[ 49.96 12 SOO'20'51"f 32.70 LJ2 N8S'OB'08"[ 23.03 L3 S89'J9'09"W 34.41 L13 501'50'41 'W JO.50 l4 NOO'20'51"I'.' 20.00 L14 500'20'51 ''[ 40.89 LS N89'3S'09"[ 26.29 L1S 589'30'47"[ 6.66 L6 NOO'20'SI"W 53.41 l16 500'2S'13"W 32.00 L7 589'39'OS"W 15.51 L8 NOO'20'Sl "I'.' 20.00 L9 N89'J9'09"[ I 15.51 LlO NOO'20'51 "I'.' 15.61 50 100 200 , Scale: 1 "=100' LEGEND Calculated point Found brass cop monument Found 5/8 inch dio. iron pin Water easement line BfiI!,lJ~o .~~@n &. i1a;,Jf1j,iJj,g1J,~!I l~(fg., Professional Engineers, Land Surveyors & Planners -=- c:::::=:::=:::: _ ~ 314 Badiola St. 0 Caldwell, In 83605 (20B) 454-0256 (20B) 454-0979 Fax 6/08/05 July 22, 2005 MERIDIAN CITY COUNCil MEETING APPLICANT July 26, 2005 ITEM NO. 5-N REQUEST Purchase Agreement and Permanent Easement Agreement with Ada County Highway District for Eagle Road, Victory to Ridenbaugh AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DE?T: 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. ~~'fl; it~~ ACHD I~ (J.{)~ut-;(O ~c-e- John S. Franden, President Sherry R. Huber, 1st Vice President David Bivens, 2nd Vice President Carol A. McKee, Commissioner Rebecca W. Arnold, Commissioner Certified Mail - Return Receipt Requested July 11 , 2005 Mr. Will Berg City of Meridian 33 E Idaho Meridian [0 83642 JUL 1 3 2005 City of Meridia.n City Clerk Office Re: Project No. 504043 - Eagle Road, Victory to Ridenbaugh Parcel No. 13 Dear Mr. Berg The Ada County Highway District (ACHD) has programmed for construction a segment of Eag[e Road for a road widening project. The right of way acquisition phase is now underway and [ will be working with you to acquire the right of way prior to construction. ACHD has been working with the City of Meridian regarding the development of the City's property for Fire Station No: 4. ACHD's Development Review staff has approved the plans, including the access points on Eagle Road and the emergency response traffic signal. However, the Development Review staff have not acquired the necessary permanent easement and temporary construction easement, depicted on the attached plan sheets. Your property has been appraised (copy enclosed) by a qualified appraiser and the market value for the property needed for the project is established at $675.00. This just compensation is based on recent sales of comparable property in the area and has been reviewed by a separate qualified review appraiser. The offer made herein is specified on the enclosed Purchase Agreement. Enclosed is an acquisition packet containing the following (indicated by X): [Xl Purchase Agreement including Temporary Construction Easement (Original) [Xl Plan Sheets [Xl Reviewed Appraisal Report [Xl Easement - Permanent (Original) [X} Title Commitment [n the event you find the acquisition agreeable and do not have any questions, please execute the Purchase Agreement and Permanent Easement, and return them to me at the address below. Ada County Highway District · 3775 Adams Street · Garden City, ID · 83714 . PH 208 387 6100 . FX 345-7650 . www.achd.adaJd.us As your acquisition agent, if you have any questions, please contact me at 387-6275 or my cell phone at 860-6666. If [ have not heard from you by July 25th, I will contact you to follow up on these matters or set an appointment. Thank you for your cooperation in this matter. Sincerely, Ada County Highway District I~" Kathy Smith, SRfWA Senior Right-of-Way Agent Enclosures July 22, 2005 MERIDIAN CITY COUNCil MEETING APPLICANT July 26, 2005 ITEM NO. 5-0 REQUEST Development Reimbursement and Conveyance Agreement for Champion Park AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATIORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DE?T: 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: Emoiled: Date: Staff Initials: Phone: Materials presented at publlc meetings shall become property of the City of Meridian. :~~i~~:Jri :87~~/~~E~O~4f:~D NAVARRO AMOUNT .00 18 ~~~~;6E~~~~~~~~7~~g III I IJ/IJJI II IJI I JJI III IIIJI 1111 II III Mendlan CIlV 105115813 PARK DEVELOPMENT, PARK IMPACT FEE REIMBURSEMENT, AND REAL PROPERTY CONVEYANCE AGREEMENT Parties: City of Meridian Hillview Development Corporation, Developer This Agreement is entered into this 2\ St- dayof:1; \ \ \ t ' 2005, by and between the City of Meridian, a municipal corporation of the Stat ofIdaho, whose address is 33 East Idaho Street, Meridian, Idaho 83642, hereinafter referred to as "City" or "I\.1PR", and the Developer of the Champion Park Subdivision, Hillview Development Corporation, whose address is 150 East Aikens, Suite A, Eagle, Idaho 83616, hereinafter referred to as "Developer", WHEREAS, the City, pursuant to ~10-7-9, Meridian City Code, and 9967-820 and 8209, Idaho Code, has the authority to enter into agreements with developers for the construction of system improvements when the same are to be paid by development impact fees, including park and recreation facilities; and WHEREAS, the Developer is entitled to receive credit or reimbursement of development impact fees, for the present value of any construction of system improvements of the category for which the development impact fee is being collected, provided that an agreement for such credit or reimbursement is negotiated in good faith and entered into prior to such construction; and WHEREAS, the Developer has agreed to provide the construction, installation and inspection of the improvements necessary to construct the Project strictly adhering to City specifications at a fixed price, the benefit of the Developer being completion of the design and construction of the Project at a date earlier than would be possible if the City were to undertake such design and construction, and the benefits to the City being the completion of construction of the Project at substantially less cost and expense, resulting in a savings to the citizens and residents of Meridian, and the obtaining of a park for the use and enjoyment of the citizens and residents of Meridian at a date earlier than would otherwise be possible, which benefits to the City are determined substantial and in the best interests of the City and its citizens and residents; and PARK DEVELOPMENT AND PARK IMPACT FEE REIMBURSEMENT AGREEMENT PAGE 1 OF 18 WHEREAS, the submitted plat includes a six (6) acre neighborhood park site; and WHEREAS, the City agrees that the use of the park impact fee credits or reimbursements will help the City achieve its goal of increasing inventory of neighborhood parks. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the Developer and the City do hereby agree as follows: 1. As used in this Agreement, the following words have the meanings herein stated: 1.1 CITY shall mean the City of Meridian acting through its Parks and Recreation Department (1.\1PR). 1.2 PROJECT REPRESENTATIVE shall mean the person appointed by the City to act on its behalf as to matters indicated under this Agreement. The appropriate Project Representative during the Design Phase is Doug Strong or his designee and during the Construction Phase is Doug Strong or his designee. The City may employ an additional outside consultant to act with and on behalf of the City as an inspector. 1.3 DEVELOPER shall mean Hillview Development Corporation, whose address is 150 E. Aikens, Suite A, Eagle, Idaho 83616, the Developer of the Champion Park Subdivision. 1.4 THE DESIGN ENGINEER FOR PARK DESIGN shall mean the firm of Harvest Design, 6001 W. State Street, Suite C, Boise, Idaho 83703; and the DESIGN ENGINEER FOR PARKING LOT, DRAINAGE, AND GRADING shall mean the firm of Engineering Northwest, LLC, 423 N. Ancestor Place, Suite 180, Boise, Idaho 83704. 1.5 PROJECT shall mean the design and construction of Lot 12, Block II, of Champion Park Subdivision No.3, consisting of approximately 6 acres, as required by the City and as approved by the Board of Park and Recreation Commissioners as limited by the itemized Scope of Work. 1.6 PROGRAM DOCUMENT shall mean all of the requirements and minimum quality standards applicable to the Project outlined by the City in its Standard Plans, Details and Specifications. The Developer warrants that its Design Development Documents and its complete design and construction of the Project does and will fully satisfy or exceed the requirements of the Program Documents in providing fully functional facilities, unless indicated otherwise in the approved Design Development Documents. If quality levels are not stated in the Program Document, it shall remain at the same level of quality and workmanship established for the rest of the Project. PARK DEVELOPMENT AND PARK IMP ACT FEE REIMBURSEMENT AGREEMENT PAGE 2 OF 18 1.8 WORK shall mean all labor, equipment, materials and services necessary or appropriate to design and construct the Project. 1.9 CONSTRUCTION DOCUMENTS shall mean the completed and fully detailed drawings and specifications prepared by the Developer setting forth in detail the requirements for construction of the Work. Upon review and acceptance of the Construction Documents by the City, the same shall be incorporated into this Agreement. The Construction Documents shall become the property ofthe City. Construction Documents must comply with the Program Documents and the Design Development Documents, or with deviations agreed to by the City. 1.10 THE CONTRACT DOCUMENTS shall mean this Agreement, and any other modifications authorized by Change Order issued pursuant to this Agreement. The Developer shall be responsible for the professional quality, technical accuracy and the coordination of all designs, drawings, specifications, and other services furnished under this Agreement. The Developer shall, without additional compensation, correct or revise any errors or deficiencies in its designs, drawings, specifications, and other services. In the event of any inconsistencies among the Contract Documents, the documents will first be interpreted as a reasonable whole to assure that the goal of a functional facility is achieved. Should the inconsistency still exist then, the documents will be interpreted as follows: The Construction Documents, the Design Development Documents and then the Program Documents. 2. DEVELOPER AGREES TO THE FOLLOWING RESPONSffiILITIES: 2.] TRANSFER OF TITLE: In order for Developer to comply with site specific condition of approval #35 ofFP-05-0 19, this agreement shall be considered a binding obligation by Developer to transfer title to the six (6) acre park to be legally described upon recording of the final plat as Lot 12, Block 11 of Champion Park Subdivision NO.3. Transfer of title shall occur after recording of the final plat as follows: a. DEED. Title of Developer is to be conveyed by statutory warranty deed, and is to be marketable and insurable except for rights reserved in federal patents, building or use restriction, building and zoning regulations and ordinances of any governmental unit, rights of way and easements established or of record, any other liens, encumbrances or defects approved by City. b. CLOSING DATE. On or before the closing date, the City and Developer shall deposit with the closing agency all funds and instruments necessary to complete the transaction. The closing date shall be no later than December 31, 2005. Closing shall not occur until City provides notice that the Proj ect has been constructed according to the standards and PARK DEVELOPMENT AND PARK IMPACT FEE REIMBURSEMENT AGREEMENT PAGE 3 OF 18 specifications set forth in this Agreement and that all title contingencies have been satisfied. c. TITLE COMPANY/CLOSING AGENCY. The parties agree that Pioneer Title Company shall provide any required title policy, preliminary report of commitment, and shall act as the closing agency for this transaction. The title company contact is Sue Rich at the Rifleman Branch. Each party agrees to pay one-half of the closing agency's fee. d. TITLE JNSURANCE. The City intends to purchase a standard Owner1s Title Policy premium in this transaction. The Title Company is to provide all parties to this Agreement with a preliminary Title Report on as soon as possible after the recording of the final plat. The City shall have 30 days to object in writing to the condition of the title as set forth in the report, unless said time period is extended pursuant to this agreement. In the event the City makes written objection to the title, Developer shall have a reasonable time, not to exceed 30 days, to cure any defects oftide or provide affirmative title insurance coverage. The final Title Insurance policy shall be delivered to the City by the Title Company as soon as possible after closing. 2.2 DEVELOPER AGREED Th1PROVEMENTS. For the agreed-upon amount of Two Hundred Twelve Thousand Five Hundred Fifty Dollars ($212,550.00), Developer shall construct the following park improvements to the City's park specifications and design. Payment shall be made pursuant to Section 6 of this agreement. a. Site Grading (rough and final grade). b. Install pressurized Irrigation System, including, pressure irrigation pump station, and irrigation pond adjoining the park. c. Hydro-seeding. d. Tree planting. e. Parking Lot construction. f. Construct the concrete and asphalt walkways (including the ten- (10) foot wide multi-use pathway through and along the site, and the micro-paths which enter into the park. g. Install open-vision fencing along the north and south sides of the park. h. Provide sewer and water service to the park, including water, sewer, and other utility stubs (electrical and phone) for the restroom and shelter facility. Prepare subbase for playground and install sidewalk and curb surrounding play area. 2.3 ADDITIONAL IMPROVEMENTS TO BE CONSTRUCTED BY DEVELOPER AND REIMBURSED BY CITY Developer shall construct the following additional improvements, for which Developer shall be reimbursed by City pursuant to section 6 of this agreement. Developer shall coordinate with City PARK DEVELOPMENT AND PARK IMPACT FEE REIMBURSEMENT AGREE.MENT PAGE 4 OF 18 regarding the bidding of these improvements and shall not begin construction or incur any expense until City has agreed in writing to the amount to be reimbursed to developer for these improvements. a. Picnic Shelters b. Restrooms c. Installation of playground equipment d. Basketball court. 2.4 The system improvements shall be installed and constructed as shown on the plans, details and specifications which are in accordance with l\.1PR's adopted Master Plan and :MPR's standard plans, details and specifications, as per the Technical Specifications for the Park, submitted by Harvest Design. These Contract Documents shall be approved by the Director and other applicable government agencies prior to development. 2.5 The Developer shall secure and pay for all necessary approvals and other charges required for or incurred for the design and/or construction ofthe Project and to permit the City's initial use or occupancy of Project, except the City shall pay the plan check fee of the Meridian City Building Department. 2.6 The Developer shall provide all construction supervision, inspection, labor, materials, tools, equipment and all other Work necessary for the execution and completion of the Project. 2.7 The Developer shall substantially complete all Work on the Project no later than the Standard Completion date of December 31, 2005. The Developer shall furnish to the City the schedules and scheduling service. 2.8 The Developer shall at all times keep all areas where work is being performed or materials stored, and surrounding areas, free from the accumulation of waste materials or rubbish caused by his operations. Upon completion of the Work or any portions thereof accepted by City for partial occupancies, the Developer shall remove all waste and rubbish and all construction tools, equipment, machinery and surplus materials from such areas. 2.9 The Developer shall indemnify, defend and hold harmless the City from any fines, costs, and assessments and/or actions imposed or asserted for failure to comply with any safety or health regulations or other laws. 2.10 The City may use the Proposal Documents, the Design Development Documents and the Construction Documents and modifications thereof for any remodel renovation, addition or repair of the Project or any part thereof PARK DEVELOPMENT AND PARK IMP ACT FEE REIMBURSEMENT AGREEMENT PAGE 5 OF 18 2.11 The Developer warrants to the City that all materials and equipment furnished under this Agreement will be new; that all Work will be of good quality, free from improper workmanship and defect, and, further, that the materials and equipment used in construction shall be free from all defects and will be constructed and installed in accordance with the Contract Documents. The Developer shall correct any work that fails to conform to the requirements of the Contract Documents where such failure to conform appears during the progress of the Work, and shall remedy any defects due to faulty materials, equipment or workmanship which appear within a period of one year from the Substantial Completion Date. The provisions of this Agreement apply to work performed by the Developer, subcontractors, consultants, and supplies. All corrections shall be made at no additional cost and at no increase in the contract price. With respect to latent defects not reasonably discoverable within such one year period of time, such defects shall be corrected by Developer upon written request given within one year from the actual date of discovery of such defect, except that Developer shall not be required to correct latent defects first discovered later than five (5) years from the Substantial Completion Date. The foregoing warranties are in addition to and not a limitation of: a) all other rights and remedies available at law and equity including any specific additional warranties contained elsewhere in the Contract Documents, b) such warranties as may be available from manufacturers of equipment, suppliers of materials or other third-parties, c) Developer's obligation to complete all Work in strict accordance with the Contract Documents, and d) City's other remedies. 2.12 The Developer will secure and submit certificates of all inspection, testing or approvals to the Project Representative. 2.13 The Developer will collect and submit to the City all manufacturer's warranties and all other documents relating to materials and facilities otherwise required by the Contract Documents. 2.14 The Developer shall be liable to the City for all costs and damages resulting from any defect in materials or workmanship. Any warranties provided by the Developer and of third parties are for the benefit of the City. Developer will be obligated and responsible to City to the full extent of any warranties provided by subcontractors, suppliers, manufacturers or others. 2.15 Developer shall provide such insurance as is required in the section ofthis agreement titled: INSURANCE, INDEMNITY AND WAIVER OF SUBROGATION. 3. CITY AGREES TO THE FOLLOWING RESPONSIBILITIES: 3.1 The City shall provide engineering and architectural design and management services as necessary to complete the Project. The City shall prepare and furnish Construction Documents ofthe Project in accordance with the Design PARK DEVELOPMENT AND PARK IMPACT FEE REIMBURSEMENT AGREEMENf PAGE 6 OF 18 Development Documents, all applicable building codes in effect at the time of this Contract execution. All design, engineering, architectural, or other professional services which are a part of the Work shall be performed by duly licensed professionals, skilled and experienced in this type of project. Cost of design services shall be shared equally between Developer and City. City shall reimburse Developer as set forth in section 6 of this agreement. 3.2 The City shall provide specifications for the ten (10) foot wide multi-use pathway for the portion that goes through the park. 3.3 The City shall provide specifications for the pressurized irrigation supply water storage pond. 3.4 The City shall provide specifications for the park's pressurized irrigation pump station that is to be co-located with the subdivision PUIS pump station. 3.5 The City shall specify the location of the sewer and water stubs to the park. 3.6 The City shall specify the location of other utilities for the park. 3.7 The City shall provide specifications for the PUIS design for the parle. 3.8 The City shall designate in writing a ProJect Representative who shall be acquainted with the Project and who shall act on behalf of the City with respect to the Project, subject to the limitations upon such authority contained in this Agreement. 3.9 If the City becomes aware of any fault or defect in the Project or non- conformance with the Contract Documents, the City shall give prompt written notice to the Developer. This does not relieve the Developer of its responsibility of conforming to the Contract Documents. 3.10 The City shall secure and pay for all necessary approvals, easements, assessments and charges required for use, or occupancy of the facilities, including any plan check fee required by the Meridian City Building Department. 4. SUBCONTRACTORS 4.1 All Work not performed with the Developer's own forces shall be performed under written subcontracts. The Developer shall submit to the City, a list of the names and addresses of all subcontractors, suppliers, and consultants. The Developer shall complete Form WH-5 as required by the State Tax Commission. 4.2 No contract or agreement, express or implied, shall be deemed to exist between the City and any subcontractor, supplier, consultant or other person acting on behalf of the Developer. Developer shall be responsible for the control and PARK DEVELOPMENT AND P ARK IMPACT FEE REIMBURSEMENT AGREEMENT PAGE 7 OF 18 direction of all subcontractors, supplies, and other persons participating in the construction of the Project and shan be responsible to the City for their acts and omissions, and their failure to perform the Work in strict accordance with the Contract Documents. The Developer shall be responsible for the payment of all subcontractors, supplies and other third parties participating in the construction of the Work and shall indemnity, defend, and hold the City harmless from any claim, liability, cause of action, or suit relating to or arising out of the acts of such person or failure to make payments due or allegedly due any of such persons. 5. CONTRACT TIME SCHEDULE 5.1 The Developer shall complete construction by the end of the 2005 calendar year. Time extensions may be granted hereunder by City in accordance with the provisions of this Agreement. If a time extension is not granted, then in that event ifthe Developer fails to commence or complete construction within the time periods herein stated, the Developer shall be in default of this Agreement. 5.2 Completion of the Project shall mean the date determined by the Project Representative and the Developer when construction is sufficiently complete in accordance with the Construction Documents so that the City can fully occupy or effectively utilize the facilities for its intended use. A one year warranty shall Commence from the Completion Date. At the time ofthe City occupancy of the Project the City shall direct the Project Representative to execute a certificate of Completion. The City may also direct the Developer or the Project Representative to prepare a list ofthe items to be completed or corrected with respect to the Project. The City shall not be obligated to accept any portion of the Project until the entire Project is complete. 5.3 The Developer shall notify the City in writing when it believes it has achieved Final Completion. The City shall promptly inspect the Work and, if the City agrees that Final Completion has been achieved, the City shall so document this agreement in writing. Final completion is to be achieved by the end of the 2005 calendar year unless modified by Change Order. 6. REIMBURSEMENTS 6.1 Developer shall receive reimbursement from the City for constructing the park and system improvements identified in SECTION 2.2 this document in the total amount of TWO HUNDRED TWELVE THOUSAND FIVE HUNDRED FIFTY AND NO/lOa DOLLARS ($212,550.00). This reimbursement shall be paid at closing. 6.2 Developer shall receive reimbursement from City for the costs associated with construction of the park and system improvements identified in SECTION 2.3 of this agreement. Developer shall coordinate with City regarding the bidding of these improvements and shall not begin construction or incur any expense until PARK DEVELOPMENT AND PARK IMP ACT FEE REIMBURSEMENT AGREEMENT PAGE80F18 City has agreed in writing to the amount to be reimbursed to developer for these improvements. This reimbursement shall be paid at closing. 6.3 Developer shall receive reimbursement from City for half of the cost of the design services identified in section 3.1 of this agreement. City's share of these expenses is $7,061.62. Reimbursement for this expense shall be payable upon execution of this agreement. Developer shall submit an invoice to City, and City shall process the payment in the normal course ofbusiness. 6.4 All of the conditions of the agreement shall be complied with by the Developer before Developer or his successors may receive a reimbursement for the costs of park. Failure to comply with conditions within the time frame established in the conditions or the terms of this Agreement shall result in a default ofthis Agreement by the Developer. 7. CHANGES IN THE PROJECT 7.1 Changes by the City: The City, without invalidating this Agreement, may order changes within the general scope ofthe Project consisting of additions, deletions or other revisions. The Contract Price and the Completion Date shall be adjusted accordingly. Changes in the Project may be authorized.Q!1ly by written Change Order approved by the City. 7.2 Change Order is a written order to the Developer issued by the City after the execution of this Agreement, authorizing a change in the Project or the Completion Date. 7.3 The City will provide the Developer written authorization and direction to make City requested Design Changes. Any City directed Additional Design Changes will be paid by written Change Order. 7.4 Claims for Additional Cost or Time: 7.4. 1 If the developer wishes to make a claim for an extension in the Completion Date or in an instance where the Developer contends it was delayed by an act or omission of City it shall give the City written notice thereof within five (5) calendar days after the occurrence of the event giving rise to such claim. This notice shall be given by the Developer before proceeding to execute any Work affected by the event giving rise to such a claim, except in an emergency endangering life or property in which case the Developer shall act, at his discretion, to prevent threatened damage, injury or loss. 7.4.2 lfit is determined from the claim and notice submitted by the Developer that the City has delayed the Developer, then the City will issue a Change Order and an extension oftime may be granted for the demonstrated period of time lost which is directly attributable to the delay. PARK DEVELOPMENT AND PARK IMPACT FEE REIMBURSEMENT AGREEMENT PAGE 9 OF 18 8. INSURANCE, INDEMNITY AND W AlVER OF SUBROGATION 8.1 Indemnity: The Developer shall indemnify, defend and hold harmless the City, its agents, employees, representative, consultants and successors from and against all claims, damages, costs, liabilities, judgments, legal fees, expenses, actions, and suits for personal injury, death, and property damage, arising out of the Project, the Work, or the acts or omissions of the Developer, subcontractors, suppliers, agents, consultants, representatives and materialmen, including without limitation the employees of each, caused by any negligent or wrongful act or omission of any of such persons or by any failure to comply fully with any term or condition of the Contract Documents or caused by, or arising out of the Work or any portion thereof 8.2 Property Insurance: The Developer shall purchase and maintain property insurance upon the entire work at the site to the full insurable value thereof This insurance shall include the interests of the City, the Developer, subcontractors and sub-subcontractors in the work and shall insure against the perils of fire and extended coverage and shall include "all risk" insurance for physical loss or damage. If the City is damaged by failure of the Developer to purchase or maintain such insurance and to so notify the City, then the Developer shall bear all reasonable costs properly attributable thereto. If not covered under the all risk insurance or otherwise provided in the Contract Documents, the Developer shall effect and maintain similar property insurance on portions of the work stored off the site or in transit. The Developer shall maintain insurance as deemed necessary by Developer to protect the interests of himself, his subcontractors and the sub-subcontractors in the work, including property, materials, equipment and tools. If by the terms of this Insurance any mandatory deductibles are required, or if the Developer should elect to increase the mandatory deductible amounts or purchase this Insurance with voluntary deductible amounts, the Developer shall be responsible for payment of the amount of the deductible in the event of paid claim. 8.3 Liability Insurance: The following insurance shall be carried by the Developer. 8.3.1 The primary engineer and all associates and consultants shall carry professional liability insurance with a minimum limit of $500,000. This insurance shall continue for two years after certificate of substantial completion of the entire project. 8.3.2 The Developer shall purchase and maintain comprehensive general liability insurance with a combined single limit on ONE :MILLION DOLLARS ($1,000,000) each occurrence. The policy shall provide coverage for bodily injury and property damage, and shall include broad PARK DEVELOPMENT AND PARK IMP ACT FEE REIMBURSEMENT AGREEMENT PAGE 10 OF 18 form property damage (including completed operations), personal injury liability (including coverage for employee acts), blanket contractual liability and products and completed operations Liability coverage shall be provided for hazards commonly referred to as XCD (explosion, collapse, and underground). 8.3.3 All subcontractors of any tier shall be repaired to provide comprehensive general liability insurance with combined single limits for bodily injury and property damage of at least ONE MlLLION DOLLARS ($1,000,000) per occurrence, comprehensive auto liability insurance for all owned, non- owned vehicles with combined single limits for bodily injury and property damage of at least ONE MlLLION DOLLARS ($1,000,000) per occurrence or other limits as approved by City. 8.3.4 The Developer and its subcontractors shall carry Worker's Compensation Insurance to cover obligations imposed by Federal and State statutes covering all employees, and employers' liability insurance with a minimum limit of ONE HUNDRED THOUSAND DOLLARS ($100,000) per Accident; FIVE HUNDRED THOUSAND DOLLARS ($500,00) per Disease Policy Limit; ONE HUNDRED THOUSAND DOLLARS ($100,000) Disease, each employee. 8.3.5 Insurance Policy Requirements: All insurance required as stated above and shall be endorsed as follows: a. The City, including their respective agents, employees, consultants and representative shall be named as additional insureds. b. The insurance required shall contain a severability of interest clause such that the insurance afforded applies separately to each insured against whom claim is made or suit is brought. c. All insurance policies shall not be terminated or cancelled without thirty (3) calendar days advance written notice of cancellation to be provided by the insurance company. d. The insurance afforded by the Developer shall be primary insurance and any insurance carried by the City shall be excess and not contributory insurance to that provided by the Developer. e. Each entity providing insurance shall furnish certificates of insurance which shall specifically set forth evidence of all coverage required above. If required each entity providing insurance will allow the other party to review and copy such insurance provisions contained in the certified policies. PARK DEVELOPMENT AND P ARK IMPACT FEE REIMBURSEMENT AGREEMENT PAGE 11 OF 18 9. TERMINATION OF AGREEMENT AND CITY'S RIGHT TO PERFORM DEVELOPER'S OBLIGATIONS 9.1 Termination for Cause: a. If the Developer fails to perform any of its obligations under this Agreement the City, may upon seven (7) calendar days written notice to the Developer take such action as is necessary to perform such obligation either with or without terminating this Agreement. b. In the event of any material breach of this Agreement by developer, after five (5) calendar days written notice to Developer, the City may, in addition to any other remedies available, terminate this Contract, take possession ofthe Project site and the raw materials, equipment, tools, construction equipment and machinery thereon owned or provided by Developer and may finish the Work by whatever reasonable means and methods the City may determine necessary or expedient. In such instance Developer relieved from any of its obligations under this Agreement, including obligations assumed under the liability for damages paragraph listed herein. c. As used in the foregoing paragraph, a material default shall include but is not limited to: (a) persistent or repeated failures to provide properly skilled workmen or materials or failure to prosecute the Work according to the progress schedules provided herein; (b) unjustified failure to make proper payments to subcontractors for materials or labor; (c) persistent or intentional disregard of laws, ordinance, rules, regulations or orders of any public authority having jurisdiction; (d) being adjudged to be bankrupt or being subject to any state or federal insolvency proceedings. 9.2 Termination by City Without Cause: (Termination for Convenience) a. The City shall have the right to terminate the Agreement at its convenience for any reason at its sole discretion. 9.3 NOTICES: Any and all notices required to be given by either of the parties hereto, shall be in writing and be deemed communicated when mailed in the United States mail, certified, return receipt requested, addressed as follows: a. To the City: Meridian City Clerk 33 East Idaho Meridian, Idaho 83642 (with a copy to) Doug Strong, Director, Parks and Recreation Department 11 W. Bower PARK DEVELOP.MENT AND PARK IMP ACT FEE REIMBURSEMENT AGREEMENT PAGE 12 OF 18 Meridian, Idaho 83642 b. To the Developer: Hillview Development Corporation 150 East Aikens, Suite A Eagle, Idaho 83616 Either party shall give notice to the other party of any change of their address for the purpose of this section by giving written notice of such change to the other in the manner herein provided. 9.3.1 In the event the City Council determines that this Agreement shall be modified, the terms of this Agreement shall be amended and the Developer shall comply with the amended terms. Failure to comply with the amended terms shall result in default. '9.3.2 A waiver by the City of any default by the Developer of anyone or more of the covenants or conditions hereof shall apply solely to the breach and breaches waived and shall not bar any other rights or remedies of the City or apply to any subsequent breach of any such or other covenants and conditions. 9.3.3 In the event of any termination, whether if for cause or without cause, City shall have the right to reproducible copies of all design and construction plans and specifications, the ownership of all work in progress, and the right to complete all construction. 10. DESIGN AND CONSTRUCTION DRAWINGS 10.1 Design: Developer acknowledges to City that Developer and firms working for Developer have been reviewed by the City based upon Developer's representations and warranties that Developer has particular skill and experience in construction of park and recreation facilities substantially similar to this Project. Developer shall at all times manage the construction process so as to incorporate all of the City's requirements and objectives for the Project as expressed in the Contract Documents, and so as to deliver the Project within the time limits provided in this Agreement. Any instance in which the Developer learns of any defect or insufficiency in the Project or any part thereof, or learns that the Work is not proceeding in accordance with the City's actual objectives and requirements, then the Developer shall immediately advise the Project Representative and the Developer shall take all necessary action to correct same. 10.2 Building Codes: The Project, as designed and constructed, shall fully comply with all codes and standards applicable at date oftrus Agreement, including (a) the International Building Code; (b) Current mc Standards; (c) Americans with Disabilities Act Accessibility Guidelines; (d) Current Uniform Plumbing Code; PARK DEVELOPMENT AND PARK IMP ACT FEE REIMBURSEMENT AGREEMENT PAGE 13 OF 18 (e) Current National Electrical Code. Compliance with all of the foregoing codes shall be reviewed and approved by the Meridian City Building Department, where applicable. Plan check fees in connection therewith shall be paid by the City. Plumbing and electrical permits shall be paid by the Developer. The foregoing codes are in addition to and not in derogation of any other codes that may be applicable by law or governmental regulation. 10.3 The Developer shall keep at the Project a complete copy ofthe Construction Documents and shall afford the Project Representative access thereto. All cost resulting from errors, omissions, discrepancies, inconsistencies or ambiguities in the Construction Documents shall be borne by the Developer, including any cost to correct Work already performed or to redesign or otherwise correct such deficiencies. 11. RECORD RETENTION REQUIRE:MENT 11.1 Developer shall maintain all records required by law for the period required. 12. UNFORESEEN CONDITIONS 12.1 Should unknown physical conditions below the surface of the ground or should concealed or unknown conditions in an existing structure of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in this Agreement, be encouraged, the Contract Time Schedule shall be equitably adjusted by Change Order upon claim by either party made within a reasonable time after the first observance of the conditions. 12.2 The Developer acknowledges that it has taken all steps reasonably necessary to ascertain the nature and location of the Work, and that it has investigated and satisfied itself as to the general and all local conditions which can affect the Work or its cost, including but not limited to: (1) conditions bearing upon transportation, disposal, handling, and storage of materials, remodel work, tie-ins and existing structures, utilities, security, and existing operations; (2) the availability oflabor, water, electric power, and roads; (3) uncertainties of weather, river stages, tides, or similar physical conditions at the site; (4) the topography and conditions of the ground; and (5) the character of equipment and facilities needed preliminary to and during work perfonnance. The Developer also acknowledges that it has satisfied itself as to the character, quality, and quantity of surface and subsurface materials or obstacles to be encountered insofar as this information is reasonably ascertainable from an inspection of the site, including all exploratory work done by Developer as well as from the drawings and specification made a part of this contract. Any failure ofthe Developer to take the actions described and acknowledged in this paragraph will not relieve the Developer from responsibility for estimating properly the difficulty and cost of successfully performing the work, or for proceeding to successfully perform the PARK DEVELOPMENT AND PARK IMPACT FEE REIMBURSEMENT AGREEMENT PAGE 14 OF 18 work without additional expense to the City. The City does not assume any responsibility for erroneous conclusionsor interpretations made by Developer. 12.3 The City assumes no responsibility for any conclusions or interpretations made by the Developer based on the information made available by the City, nor does the City assume responsibility for any understanding reached or representation made concerning conditions which can affect the work by any of its officers or agents before the execution of this Contract, unless that understanding or representation made concerning conditions which can affect the work by any of its officers or agents before the execution of this Contract is expressly stated in this Contract. 12.4 The Developer shall promptly, before the conditions are disturbed, and in all instances within five (5) calendar days after the conditions are discovered, give a written notice to the Project Representative of: (1) subsurface or latent physical conditions at the site which differ materially from those which a reasonably prudent Developer could anticipate, foresee, or make provision for this type of Work at such site locations; or (2) unknown physical conditions at the site, of an unusual nature, which differ materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract Documents and which could have been reasonably foreseen and/or anticipated by a prudent developer. 12.5 The City shall investigate the site conditions promptly after receiving the notice. lfthe conditions do materially so differ and cause an increase or decrease in the Developer's time required for, performing any part of the Work under this Contract, whether or not changed as a result of the conditions, an equitable adjustment shall be made under this clause and the contract modified in writing accordingly. 12.6 No claim by Developer for additional time shall be allowed ifthere is no written notification to the City ~s required herein. 13. SUSPENSION OF WORK 13. 1 The City may order the Developer, in writing, to suspend, delay or intenupt all or any part of the Work for such period as may be determined to be appropriate by the City. 13.2 If performance of all or any part of the Work is suspended under this Agreement for the convenience of the City, an equitable adjustment shall be made to the Completion Date. However, no adjustment in the Completion Date shall be made under this clause for any suspension, to the extent that performance would have been so suspended, delayed, or for which an equitable adjustment is provided for under any other term or condition of this Agreement. 14. NON-ASSIGNMENT AND GOVERNING LAW PARK DEVELOPMENT AND PARK IMPACT FEE REIMBURSEMENT AGREEMENT PAGE 15 OF 18 14.1 The Developer shall not assign its interest in whole or part in this Agreement without the written consent of the City. 14.2 This Agreement shall be governed by the laws of the State ofIdaho. 14.3 This Agreement represents the entire agreement between the City and the Developer and supersedes all prior negotiations, representations or agreements. This Agreement may be amended only by written instrument signed by both City and Developer. 14.4 Should any portion ofthis Agreement be found to be unenforceable by a court of competent jurisdiction in such determination shall not void the entire Agreement, but will be limited only to those unenforceable provisions. 14.5 In the event either party to this Agreement is required to initiate or defend litigation with respect to the terms hereof, or the rights granted hereunder, the prevailing party in such litigation shall be entitled to all reasonable attorney's fees incurred in such litigation, including all discovery costs and costs of expert witness, together with other reasonable litigation costs. 15. MISCELLANEOUS 15.1 Withholding: The Project will be completed by the Developer not later than the Completion Date. In the event the Work is not completed within such time, the parties agree that the Developer must maintain the Project until such time as it is accepted by the City as complete. PARK DEVELOPMENT AND PARK IMPACT FEE REIMBURSEMENT AGREEMENT PAGE 16 OF 18 ACKNOWLEDGEMENTS IN WITNESS WHEREOF, the parties have hereunto caused this Agreement to be executed on the day and year first above written. DATED this .il.Oih.. day of 0Ll \ t ~ ,2005. CITY OF MERIDIAN ~ By: "-/ { Jim erkle, President B~~ ~~ Don Hutt, Secretary PARK DEVELOPMENT AND PARK IMP ACT FEE REIMBURSEMENT AGREEMENT PAGE 17 OF 18 STATE OF IDAHO, ) : ss: County of Ada, ) On this Ld.y of 2005, befure me, the undersigned, a Notary Pubhc in and for sai sonally appeared Jim Merkle and Don Hutt, known to me to be the President and cret , respectively, of Hill view Development Corporation, who executed the within instrument on behalf of said corporation, and acknowledged to me that said corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the dayrd y~:~~:~~a~~~t::.~ritten. ~ "~1(..c:J;a~,~ ....:.~~.. (SEA,( (l'~ 'Q@~ \. l ~OTJ:.~~.r \~ ~ : Ii: ~ <p \.. -PlTBL\C "t'" l \# ~ ~.IIOo:P ..().O ........ ###".!:li OF 1'0 \:'b:....~ --""uU",'I.\'l. ST ATE OF IDAHO, : 55: County of Ada, ) On this ~ day of '- ll~ ' 2005, before me, the undersigned, a Notary~blic };! and for said State, pers nally apl~~~~ DE WEERD and vVILLL'\1l:[ G. DTIRY;;-fi( Gi~;n to me to be the Mayor and I.l (, 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 ftrst above written. ~""",,";~~~'t,:;,#,#,# (SEAL) it ~~...,,"o""o"e4v-,,:~ {.* fO 1'\0 T -1"fj ""\ ';t< \ i i ~ -.- ~ ,~ \~\, l1BLIC ,/ i \:>~."",,O<>..~~o ...,1 "6 ~. ~~ ~~ i ~:'>i~"""""" .~ PARK DEVELOPMENT AND PARK IMP ACT FEE REUvIBURSEMENT AGREEMENT PAGE 18 OF 18 July 22, 2005 MERIDIAN CITY COUNCil MEETING APPLICANT July 26,2005 ITEM NO. 5~P REQUEST Award of Bid for 2005 Sewer Cleaning / TV Inspection Project to Pipeline Inspection Services AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUilDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: COMMENTS See attached 'fW~ Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meetings shall become property of the City of Meridian. City of Meridian Public Works Dept. Memo To: Will Berg; Tara Green From: Jon Mills, Staff Engineer CC: Len Grady, City Engineer Date: 07/21/2005 Re: Proposed Agenda Item for July 26, 2005 City Council Meeting The Public Works Department respectfuJJy requests the following item be placed on the July 26 City Council agenda, under Consent Agenda, for Council's consideration: 2005 Sewer CleaninalTV Insoection Proiect. One bid was received for this project as shown below and detailed in the attached spreadsheet: Pipeline Inspection Services, Inc $93,732.00 This project consists of the cleaning approximately 178,700 feet of sewer lines, ranging in size from eight (8) inches to twenty-four (24) inches. The cleaning shall be done with a high- velocity hydro-cleaner. Also included is television inspection of approximately 12,600 feet of eight (8) inch to twenty-four (24) inch sewer line. Television inspection shall be by Closed Circuit Television (CClV) method. Traffic control and removal of debris and deleterious material to an approved disposal site is also included. Recommended Council Action: The Public Works Department recommends that City Council approves the contract for the 2005 Sewer Cleaningnv Inspection Project with Pipeline Inspection Services, Inc for $93,732.00 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 1 2005 Sewer CleaninglTV Inspection Project Bid From: Pipeline Inspection Services, Inc. Item Description Estimated Units Unit Price Total Bid Price Quantity 1 Clean 8-lnch Sewer Pipe 152,950 LF $0.48 $73,416.00 Unit Price 2 Clean 10-lnch Sewer Pipe 2,800 LF $0.48 $1,344.00 Unit Price 3 Clean 12-lnch Sewer Pipe 9,150 LF $0.48 $4,392.00 Unit Price 4 Clean 15-lnch Sewer Pipe 4,200 LF $0.60 $2,520.00 Unit Price 5 Clean 18-lnch Sewer Pipe 2,000 LF $0.60 $1,200.00 Unit Price 6 Clean 21-lnch Sewer Pipe 5,900 LF $0.60 $3,540.00 Unit Price 7 Clean 24-lnch Sewer Pipe 1,700 LF $0.60 $1,020.00 Unit Price 8 TeleviseNideotape 8-lnch Sewer Pipe 1,950 LF $0.50 $975.00 Unit Price 9 TeleviseNideotape 15-lnch Sewer Pipe 2,700 LF $0.50 $1,350.00 Unit Price 10 TeleviseNideotape 18-lnch Sewer Pipe 2,000 LF $0.50 $1,000.00 Unit Price 11 TeJeviseNideotape 21-lnch Sewer Pipe 4,250 LF $0.50 $2,125.00 Unit Price 12 TeleviseNideotape 24-lnch Sewer Pipe 1,700 LF $0.50 $850.00 Unit Price Total Total Price $93,732.00 July 22, 2005 MERIDIAN CITY COUNCil MEETING APPLICANT July 26,2005 ITEM NO. 5-R REQUEST Agreement for Pretreatment Program Application Modifications with CH2M Hill AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUilDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: See attached ~~ Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meetings shall become property of the City of Meridian. City of Meridian Public Works Dept. Memo To: Will Berg; Tara Green From: Clint Dolsby, Staff Engineer CC: Brad Watson, Public Works Director Date: 07/20/2005 Re: Proposed Agenda Item for July 26, 2005 City Council Meeting The Public Works Department respectfully requests the following item be placed on the July 26 City Council agenda, under consent agenda, for Council's consideration: Pretreatment Proaram Application Modifications. CH2M HILL has submitted a task order, scope of work, and budget for this study. They propose to complete the work for $20,600. This is an extension ofJhe selection of firms that was approved by City Council January 18, 2005 for the Engineering Services for Miscellaneous Wastewater Projects. This study consists of collecting data to justify technically based local limits, recalculating the local limits based on this new data and responding to other comments in the EPA comment letter received by the City on June 20, 2005. Recommended Council Action: The Public Works Department recommends that City Council approves the contract for Pretreatment Program Application Modifications with CH2M HILL for $20,600 and authorize the Mayor to sign it. Thank you for your consideration. Please contact me if you have any questions regarding any of these items. . Page 1 CH2MH ILL STANDARD AGREEMENT FOR PROFESSIONAL SERVICES CH2M HILL's Office Address: 322 E. Front Street, Suite 200, Boise, ID 83702 Project Name: Pretreatment Program Application Modifications CH2M HILL Project: Client: Meridian Idaho, City of Address: 3401 N. Ten Mile Road, Meridian, 1083642 CLIENT requests and authorizes CH2M HILL to perform the following services: ~ Reference attachment A - Scope of work and schedule for City of Meridian Pretreatment Program Application Modifications a!1!J.W.I:j.f-"'t.:I~ by CLIENT to CH2M HILL will be on the basis of: Reference attachment B - Compensation for City of Meridian Pretreatment Program Application Modifications ..Hir:rAI1'lillf-_ Services covered by this AGREEMENT will be performed in accordance with the Provisions and any attachments or schedules. This AGREEMENT supersedes alf prior agreements and understandings and may only be changed by written amendment executed by both parties. CH2M HILL, IN~ ~ Signature A Name (printed) _ _~~ Title ~u<:.,.in(.l~ Group l-O::::.l Date 7/ it; /~ CLIENT: Signature Name (printed) Title Date FORM124 REVISED: 7/97 1. Authorization to Proceed Execution of this AGREEMENT by CLIENT will be authorization for CH2M HILL to proceed with the services, unless otherwise provided for in this AGREEMENT. 2. Salary Costs CH2M HILL's Salary Costs, when the basis of compensation, are the amount of wages or salaries paid CH2M HILL employees for work directly performed on the Project plus a percentage applied to all such wages or salaries to cover all payroll-related taxes, payments, premiums, and benefits. 3. Per Diem Rates CH2M HILL's Per Diem Rates, when the basis of compensation, are those hourly or daify rates charged for work performed on the Project by CH2M HILL employees of the indicated classifications. These rates are contained in the COMPENSATION section on page 1 and are subject to annual calendar year adjustments. 4. Affiliated Companies Work performed under this AGREEMENT may be performed using labor from affiliated companies of ENGINEER. Such labor will be bflled to OWNER under the same billing terms applicable to ENGINEER's employees. 5. Subcontracts and Direct Expenses When SERVICES are performed on a cost reimbursement basis, a markup of zero percent will be applied to subcontracts and outside services and a markup of zero percent will be applied to Direct Expenses. For purposes of this AGREEMENT, Direct Expenses are defined to include those necessary costs and charges incurred for the Project including, but not limited to: (1) the direct costs of transportation, meals, lodging, mail, shipping, equipment and supplies; (2) CH2M HILL's current standard rate charges for direct use of CH2M HILL's vehicles, laboratory test and analysis, printing and reproduction services, and certain field equipment; and (3) CH2M HILL's standard project charges for computing systems, special health and safety requIrements of OSHA, and telecommunications services. All sales, use, value added, busIness transfer, gross receipts, or other similar taxes will be added to CH2M HILL's compensation when invoicing CLI ENT. 6. Cost Opinions Any cost opinions or Project economic evaluations provided by CH2M HILL will be on a basis of experience and judgment, but, since CH2M HILL has no control over market conditions or bidding procedures, CH2M HILL cannot warrant that bids, ultimate construction cost, or Project economics will not vary from these opinions. 7. Standard of Care The standard of care applicable to CH2M HILL's services will be the degree of skill and diligence normally employed by professional engineers or consultants performing the same or similar services at the time CH2M HILL's services are performed. CH2M HILL will reperform any services not meeting this standard without additional compensation. 8. Termination This AGREEMENT may be terminated for convenience on 30 days' written notice or if either party fails SUbstantially to perform through no fault of the other and does not commence correction of such nonperformance within 5 days of written notice and diligently complete the correction thereafter. On termination, CH2M HILL will be paid for all authorized work performed up to the termination date plus termination expenses, such as, but not limited to, reassignment of personnel, subcontract termination costs, and related closeout costs. 9. Payment to CH2M HILL Monthly invoices will be issued by CH2M HILL for all Services performed under this AGREEMENT. CLIENT shall pay each invoice within 30 days. Interest at a rate of 1-1/2 percent per month will be charged on all past-due amounts. In the event of a dIsputed billing, only that disputed portion will be withheld from payment, and the undisputed portIon will be paid. FORM124 REVISED: 7/97 PROVISIONS CLIENT will exercise reasonableness in disputing any bill or portion thereof. No interest will accrue on any disputed portion of the billing until mutually resolved. 10. Limitation of Liability CH2M HILL's liability for CLIENTs damages will, in the aggregate, not exceed the agreement amount. This Provision takes precedence over any conflicting Provision of this AGREEMENT or any document incorporated into it or referenced by it. This limitation of liability will apply whether CH2M HILL's liability arises under breach of contract or warranty; tort, including negligence; strict liability; statutory liability; or any other cause of action, and shall include CH2M HILL's officers, affiliated corporations, employees, and subcontractors. 11. Severability and Survival If any of the provisions contained in this AGREEMENT are held illegal, invalid or unenforceable, the other provisions shall remain in full effect. Limitations of liability shall survive termination of this AGREEMENT for any cause. 12. No Third Party Beneficiaries This AGREEMENT gives no rights or beneflts to anyone other than CLIENT and CH2M HILL and has no third party beneficiaries except as provided in paragraph 10. 13. Materials and Samples Any items, substances, materials, or samples removed from the Project site for testing, analysis, or other evaluatlon will be returned to the Project site unless agreed to otherwise. CLIENT recognizes and agrees that CH2M HILL is acting as a bailee and at no time assumes title to said items, substances, materials, or samples. CLIENT recognizes that CH2M HILL assumes no risk and/or liability for a waste or hazardous waste site orIginated by other than CH2M HILL. 14. Assignments Neither party shall have the power to or will assign any of the duties or rights or any claim arising out of or related to this AGREEMENT, whether arising in tort, contract or otherwise, without the wrItten consent of the other party. Any unauthorized assignment is void and unenforceable. 15. Integration This AGREEMENT incorporates all previous communications and negotiations and constitutes the entire agreement of the parties. If CLIENT issues a Purchase Order in conjunction with performance of the Services, general or standard terms and conditions on the Purchase Order do not apply to thIs AGREEMENT. 16. Force Majeure If performance of the Services is affected by causes beyond CH2M HILL's reasonable control, project schedule and compensation shall be equitably adjusted. 17. Dispute Resolution The parties will use their best efforts to resolve amicably any dispute, including use of alternative dispute resolution options. 1 B. Changes Client may make or approve changes within the general Scope of Services in this AGREEMENT. If such changes affect CH2M HILL's cost of or time required for performance of the services, an equitable adjustment will be made through an amendment to this AGREEMENT. Attachment A--Scope of Work and Schedule for City of Meridian Pretreatment Program Application Modifications Introduction Shown below is our scope of work, proposed schedule, and estimated fee to respond to Environmental Protection Agency (EPA) comments regarding Meridian's Pretreatment Program Application. Work includes collecting data consistent with the July,2004 EPA Local Limits Development Guidance to justify technically-based local limits on the 15 national Pollutants of Concern (POC) listed in the Guidance; recalculating the local limits based on the new data; and responding to other comments in the EP A letter received on June 20th. Task 1.0-Project Management The purpose of this task is to provide for the initiation and overall management of the PROJECT activities. An overall schedule and work plan will be implemented to assure work activities are completed in a properly integrated and timely manner, and includes those elements necessary to properly manage, lead, and control the PROJECT. This task also includes periodic progress meetings with City staff, preparation of project instructions, and administrative tasks. Internal quality control reviews will occur under this task. Task 2.O-Refme the Sampling Plan Previous data used was not consistent with Exhibit 3-1 and Table 4-1 in the new EP A Guidance document, and as noted in the EP A letter. Data is to be collected in accordance with Table 4-1 for the 15 POCs listed in Exhibit 3-1 of the Guidance document. Table 4-1 requires sampling the plant influent, effluent, and sludge on consecutive days. With the exception of BOD, TSS, and ammonia data, we believe there ~s no sample data available where the national POCs were sampled on consecutive days. Based on this, we have developed a draft sampling plan as shown in Table One below. The sampling plan assumes the City already bas 14 consecutive days of influent and effluent BOD, TSS, and ammonia data. Our pricing assumes the City will cover the all costs of sampling including labor and laboratory expenses. EP A is adamant that key manhole sampling be accomplished to determine if there are unknown industries and pollutants in Meridian. Therefore we have assumed 2 manholes will be sampled, however, we still need to determine tbe specific manholes. We recommend that the results of the influent sampling be reviewed before sampling of key manholes occurs. If no poes are in the plant influent, we will discuss this with EP A to determine if a waiver of key manhole sampling will be granted. We recommend two samples of hauled waste be analyzed for the full suite of POCs in order to show EP A that it is only septic waste. Five :Mile Creek is the receiving stream with less dilution flow available, therefore, the worst case in terms of environmental impact. An impartial data set is available on upstream POC concentrations, therefore sampling will be required on Five :Mile Creek. Table 1 Sampling Plan - Number of Consecutive Day Samples Parameter Influent Effluent Hauled Biosolids Key Five Mile Waste Manholes Creek (per manhole, if needed) Arsenic 14 14 Cadmium 14 14 Chromium 14 14 Copper 14 14 Cyanide 14 14 Lead 14 14 Mercury 14 14 Molybdenum 14 14 Nickel 14 14 Selenium 14 14 Silver 14 14 Zinc 14 14 BOD 5 TSS 2 (% solids) Ammonia Task 3.O-Review and Assemble Data The Engineer will assemble, review, and summarize the data in spreadsheet format for the purpose of developing and calculating local limits. Task 4.O-Review Local Limits Criteria The Engineer will review the existing local limits criteria for the parameters of concern. Criteria is currently based on receiving stream water quality, however, we will review biosolids quality and treatment inhibition. Task S.O-Recalculate Local Limits The Engineer will recalculate local limits based on the data collected, the appropriate local limit criteria, and revised assumptions and approaches as deemed appropriate by the Engineer and Owner using the EP A Region 10 Spreadsheet. Task 6.O-Address Other EP A Comments The Engineer will address other EP A comments in the letter received on June 20th including: · Total Toxic Organics limits · Detail domestic, industrial, and receiving stream flow data · Sewer Use ordinance · Other miscellaneous comments (edits) Task 7.O-Prepare Technical Memorandum The Engineer will prepare a Technical Memorandum that summarizes the approach used to establish draft revised local limits. The Technical Memorandum will provide the technical justification for the data used to develop the limits and present the assumptions and approaches used to develop the limits. The Technical Memorandum wiIll;>e presented to the Owner for review in draft form. After review, the Technical Memorandum will be revised and presented to the Owner and EP A for review. Task 8.0-Consult with Owner During development of the revised local limits, the Engineer will meet twice with the Owner and EP A to discuss the process and strategies for revising the local limits. The Engineer will also consult with the EP A in the Owner's behalfto discuss the development of revised local limits. It is assumed this consultation will occur via telephone conference. Task 9.0-Modify Pretreatment Program Application and Sewer Use Ordinance The Engineer will assist the Owner to modify the pretreatment program application and existing sewer use ordinance as it relates to modifying the current local limits. Up to 20 hours of Engineer's time will be provided. Schedule Table 2 is a schedule showing the proposed time line for preliminary design. TABLE 2 Schedule Complete Sampling 30 days after NTP Submit Draft technical memorandum 30 days after receipt of sample results Submit Final technical memorandum and Sewer Use Ordinance 15 days after receipt of Owner's comments Attachment B-Compensation for City of Meridian Pretreatment Program Application Modifications Compensation by the Owner to the Engineer shall be as follows: Table 3 Estimated Fee lask flee 1.U Project Management :J;:l,)UU 2.0 Refine Sampling Plan 3.0 Review and Assemble Data 4.0 Review Local Limits ~riteria 5.0 Recalculate Local Limits 6.0 Address EPA Comments 1,190 2,400 2,380 2,380 2,380 3,800 1,210 2,380 $20,600 7.0 Prepare Technical Memorandum 8.0 Consult with Owner 9.0 Modify Application and Ordinance Total Fee The total fee shall not be exceeded without prior approval of the Owner. July 22, 2005 MERIDIAN CITY COUNCil MEETING APPLICANT July 26, 2005 ITEM NO. 5-5 REQUEST Agreement for On-Going Consultation to Water Department with Hydro logic 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 attached r Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meetings shall become property of the City of Meridian. CitY of Meridian Public Works Dept. Memo To: Mayor De Weerd & City Council From, Brad Walson, P.E;:f5P<-J cc: File, City Clerk Date: 7/21/05 Re: July 26, 2005 City Council Meeting Agenda Items The Public Works Department requests that the items below be considered on the July 26 City Council agenda, on the Consent Agenda, for Council's consideration. Copies of all agreements are attached. )\:' 1. On-Goina Consultation to Water Deoartment - Hvdro Loaic Inc. This agreement formalizes the "on-call" consulting services Hydro Logic has provided to the City over the years. These services include a. Evaluation of around water Quality oroblems' b. Regulatory negotiations of monitoring requirements; c. Emergent problems with existing supply wells; d. Regulatory compliance issues; e. Source water protection f. Customer-related water quality complaints. This agreement is on an "as-needed" basis and is time-and-materials, not-to-exceed $15,000. Recommended Council Action: Approve agreement Hydro Logic, Inc., in the time- and~materials, not-to-exceed amount of $15,000, for the On-Going Consultation to Water Department and authorize the Mayor to sign and City Clerk to attest. 2. Municioal Water Riahts Proiect - Hvdro Loaic Inc. This agreement includes securing anticipated future water rights, beneficial use licensing examinations of existing supplies (recently constructed wells not previously examined), potential actions per the Snake River Basin Adjudication, coordination with irrigation districts, and municipal transfers of existing City-owned water rights. This agreement is on a time-and-materials, not-to-exceed basis of $64,700. . Page 1 Recommended Council Action: Approve agreement Hydro Logic, Inc., in the time- and-materials, not-te-exceed amount of $64,700, for the Municipal Water Rights Project and authorize the Mayor to sign and City Clerk to attest. 3. Supplv Well #27 Professional Services - Hvdro Loaic Inc. This agreement provides for well design, drilling oversight, construction inspection, hydraulic testing, water-quality sampling and regulatory approvals for Well tr2.7 located off Ten Mile Road near Franklin Road. This agreement is on a time-and-materials, not-to-exceed basis of $23,550. Recommended Council Action: Approve agreement Hydro Logic, Inc., in the time- and-materials, not-te-exceed amount of $23,550, for the Supply Well #27 Professional Services and authorize the Mayor to sign and City Clerk to attest. 4. Ground Water Studies - Hvdro Loaic Inc. This project will entail development of a 3- dimensional framework of the aquifer system using all the City's existing test and supply wells. This study will allow us to better address and plan for future water quality, aquifer yield, well field density, productive well capability, and the possibilities of future in-situ water treatment or aquifer storagelrecovery. This agreement is on a time-and-materials, not-to-exceed basis of $30,000. Recommended Council Action: Approve agreement Hydro Logic, Inc., in the time- and-materials, not-te-exceed amount of $30,000, for the Ground Water Studies and authorize the Mayor to sign and City Clerk to attest. 5. Supplv Well Evaluations - Hvdro Loaic Inc. This work will include evaluation of older supply wells with recommendations for replacement, repair or modifications to improve water quality. This agreement is on a time-and-materials, not-to-exceed basis of $4,000. Recommended Council Action: Approve agreement Hydro Logic, Inc., in the time- and-materials, not-te-exceed amount of $4,000, for the Supply Well Evaluations and authorize the Mayor to sign and City Clerk to attest. Thank you for your consideration. Please let me know if you have any questions about any of these projects. . Page 2 HY<lrQ LOB\Ct Inc~~ 1002 W. Franklin Street. Boise. ill 83702 (208) 342-8369 (Fax) 342-3100. hvdrolo2:ic@awest.net July 2, 2005 RECEIVED JUl 0 S 2005 @ Mr. Brad Watson, P.E. Public W C?rks Director City Of Meridian 660 East Watertower, Suite 200 Meridian, Idaho 83642 City of Meridian Public Works Director Subject: On-Going Consultation to The Meridian Water Department Contract Dear Brad: Under cover of this letter, please find two signed copies of our proposed contract to continue to provide consultation services to the Meridian Water Department on a time and materials basis as needed over the next fiscal year. If you would like us to carry out the work and direct the project, please sign both contracts and return the copy marked Hydro Logic, Inc in the stamped and addressed envelope provided. Thank you for considering us for this important work for the City. Respectfully, cj~ Ed Squires ~l yd ro LO~LC ,.1v..c C-or ~ STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONSULTANT ON THE BASIS OF A STIPULATED PRICE THIS AGREEMENT is dated the _ day of ~ in the year 2005 by and between City of Meridian, Ada County, Idaho (hereinafter called UWNER) and Hydro Logic, Inc. (hereinafter called CONSULTANT). OWNER and CONSULTANT, in consideration of the mutual covenants hereinafter set forth, agree as follows: Article 1 WORK. The CONSULTANT will complete all Work as specified or indicated in the Agreement The WORK. is generally described as follows: The project includes evaluations of ground water quality problems; regulatory negotiations of monitoring requirements; emergent problems with supply wells, regulatory compliance issues, monitoring issues, source water protection, and response to some customer-related water quality complaints. The Project for which the Work under the Agreement is described as: Water Department Consultation. All replacement materials and workmanship will meet the City of Meridian Standard Specifications and Drawings. The CONSULTANT will be familiar with the specifications. Article 2 ENGINEER The City of Meridian Public Works Department will be the ENGINEER. The City of Meridian Public Works Department is to act as OWNER's representative, assume all duties and responsibilities and have the rights and authority assigned to ENGINEER in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents. Article 3 CONTRACT TIME. The Work will be completed as necessary and requested by the City of Meridian when it is understood that time will be of the essence. Article 4 CONTRACT PRICE. OWNER will pay CONSULTANT for completion of the Work in current funds as follows: Total Contract Price is $ 15,000.00. Article 5 PAYMENT PROCEDURES. The CONSULTANT will submit Application for Payment as the work progresses but not to exceed one invoice per month. Applications for Payment must be submitted to the Public Works Department Payments. The OWNER will make progress payments on account of the Contract Price on the basis of CONSULTANT's Application for Payment as recommended by the Public Works Department, on or about the 15th day of each month during construction for Applications submitted to the Public Works Department prior to the 1 st day of that month. All progress payments will be on the basis ofthe progress of the work measured by the schedule of values established in Article 4. The OWNER may retain up to 5% of the amount of the payment until final completion and acceptance of all Work covered by this Agreement. Upon completion and acceptance of the Work, payment will be made in fuI], including ;retained percentages, less authorized deductions, within thirty (30) days. 7/5/2005 Page ~ f ~ ~ '-- I';""' 0 ~ 1 ~ i [ ~ ;;;J I ~ [ w. ~ <:> 0 ~ ! <:> g: ~ - II (i " q t;; t; ~ l g- o } :::il Q i. ~ ~. ; i ~ i r...l to q , <:> ::; [ !. ~ = N ~ ~ ~ VI ~ 1-' " ~ ~ .... ~ ~ ~ l- i <:> 0 ~ < if ~ VI ~ "" :p. I <:> ~ - fI'l '1:l f <:> ~ .... i. a ~ ~ ~ i Sf fI'l ~ Y.t j <:> ~r 8. m ~ ~ .... ] ;;'l !:i E fI'l (J, .... i ;;J J ~ I~I E - I tG ~ ~ g~ Nt:L. ~ .~ ;pO ~8 ~~c [) ~~ ~. f1 s 00 w ~ ~ ~ w ..j>.. i > ~ ~ = n =- S t'D :: ~ ~ Hydra Leete, ll\~ 1002 W. Franklin Street. Boise. ID 83702 (208) 342-8369. (Fax) 342-3100. hvdrologic!@awest.net Ju1y 5, 2005 Attachment B. Mr. Brad Watson, P.E. Public Works Department, Director City of Meridian 600 East Watertower Meridian, Idaho 83642 Evaluation of Aging Supply Wells and/or WeJls With Water Quality ChaJlenges Dear Brad: I have developed this general scope of work, and estimated costs to work with the City Water Department in much the same capacity as we have for the last 10 years or so. This scope of work covers emergent problems with supply wells, regulatory compliance and monitoring issues, source water protection, grolUld water quality challenges, and some customer-related water quality complaints. Current ongoing projects include implem~ntation of the new Radionuclides Rule, Disinfection By-Products, Iron, and Manganese aimed at improving the City's overall water quality and reducing its unnecessary monitoring requirements. We have submitted applications to IDEQ that have significantly reduced the City's monitoring and laboratory costs such as the recently reduced Synthetic Organic Compounds monitoring and reporting. By keeping general track of our requested consultations over the years, I am recommending a level of funding that could easily be used by the City for these endeavors. I have tabulated the costs to complete the work as a single project on the attached spread sheet. The cost estimates are considered to cover an approximate year's worth ofprojects for the Water Department. We stand ready to commence the work right away and to proceed continuously to completion of each project that comes up. I believe we have a track record of rapid response to these emergent projects and a high success rate in resolving water chemistry problems and in reducing the City's costs. Thank you for considering Hydro Logic, Inc. for this work for the City. Respectfully SUbm.ittedlbY:~, Edward Squires Hydro Logic, Inc. July 22, 2005 MERIDIAN CITY COUNCil MEETING APPLICANT July 26,2005 ITEM NO. 5-T REQUEST Agreement for Municipal Water Rights Project with Hydro logic, Inc. AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS OEPT: 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 meeUngs shall become property of the City of Meridian. To: Mayor De Weerd & City Council From: BradWalson, p.E.;5~ CC: File, City Clerk Date: 7/21/05 Re: July 26,2005 City Council Meeting Agenda Items The Public Works Department requests that the items below be considered on the July 26 City Council agenda, on the Consent Agenda, for Council's consideration. Copies of all agreements are attached. 1. On-Goino Consultation to Water Department - Hvdro Looic Inc. This agreement formalizes the "on-call" consulting services Hydro Logic has provided to the City over the years. These services incfude a. Evaluation of oround water oualitv eroblems' b. Regulatory negotiations of monitoring requirements; c. Emergent problems with existing supply wells; d. Regulatory compliance issues; e. Source water protection f. Customer-related water quality complaints. This agreement is on an "as-needed" basis and is time-and-materials, not-to-exceed $15,000. Recommended Council Action: Approve agreement Hydro Logic, Inc., in the time- and-materials, not-te-exceed amount of $15,000, for the On-Going Consultation to Water Department and authorize the Mayor to sign and City Clerk to attest. ~2. Municieal Water Riohts Proiect - Hvdro Looic Inc. This agreement includes securing anticipated future water rights, beneficial use licensing examinations of existing supplies (recently constructed wells not previously examined), potential actions per the Snake River Basin Adjudication, coordination with irrigation districts, and municipal transfers of existing City-owned water rights. This agreement is on a time-and-materials, not-to-exceed basis of $64,700. . Page 1 Recommended Council Action: Approve agreement Hydro Logic, Inc., in the time- and-materials, not-to-exceed amount of $64,700, for the Municipal Water Rights Project and authorize the Mayor to sign and City Clerk to attest. 3. Supplv Well #27 Professional Services - Hvdro Loaic Inc. This agreement provides for well design, drilling oversight, construction inspection, hydraulic testing, water-quality sampling and regulatory approvals for Well #27 located off Ten Mile Road near Franklin Road. This agreement is on a time-and-materiaJs, not-to-exceed basis of $23,550. Recommended Council Action: Approve agreement Hydro Logic, Inc., in the time- and-materials, not-te-exceed amount of $23,550, for the Supply Well #27 Professional Services and authorize the Mayor to sign and City Clerk to attest. 4. Ground Water Studies - Hvdro Loaic Inc. This project will entail development of a 3- dimensional framework of the aquifer system using all the City's existing test and supply wells. This study will allow us to better address and plan for future water quality, aquifer yield, well field density, productive well capability, and the possibilities of future in-situ water treatment or aquifer storagelrecovery. This agreement is on a time-and-materials, not-to-exceed basis of $30,000. Recommended Council Action: Approve agreement Hydro Logic, Inc., in the time- and-materials, not-to-exceed amount of $30,000, for the Ground Water Studies and authorize the Mayor to sign and City Clerk to attest. 5. Supolv Well Evaluations - Hvdro Loaic Inc. This work will include evaluation of older supply wells with recommendations for replacement, repair or modifications to improve water quality. This agreement is on a time-and-materials, not-to-exceed basis of $4,000. Recommended Council Action: Approve agreement Hydro Logic, Inc., in the time- and-materials, not-te-exceed amount of $4,000, for the Supply Well Evaluations and authorize the Mayor to sign and City Clerk to attest. Thank you for your consideration. Please let me know jf you have any questions about any of these projects. . Page 2 Hydra WjiC, me: 1002 W. Franklin Street Boise. 10 83702 (208) 342-8369 (Fax) 342-3100. hvdrolOlzic@awest.net July 2, 2005 RECEIVED JUl n :1 ZOGS City or Meridifl..n. Pu.blic Works Director @ Mr. Brad Watson, P.E. Public Works Director City Of Meridian 660 East Watertower, Suite 200 Meridian, Idaho 83642 Subject: City of Meridian Municipal Water Rights Project Contract Dear Brad: Under cover of this letter, please fmd two signed copy of our proposed contract for municipal water rights projects. If you would like us to carry out the work and direct the project, please sign both contracts and return the copy marked Hydro Logic, Inc in the stamped and addressed envelope provided. Thank you for considering us for this important work for the City. Respectfully, 2:p Ed Squires STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONSULTANT ON THE BASIS OF A STIPULATED PRICE THIS AGREEMENT is dated the _ day of ~ in the year 2005 by and between City of Meridian, Ada County, Idaho (hereinafter called OWNER) and Hydro Logic, Inc. (hereinafter called CONSULTANT). OWNER and CONSULTANT, in consideration of the mutual covenants hereinafter set forth, agree as follows: Article 1 WORK. The CONSULTANT will complete all Work as specified or indicated in the Agreement. The WORK is generally described as follows: The project includes securing reasonably anticipated future water rights, beneficial use licensing examinations, considerations ofthe Snake River Basin Adjudication, future water agreements with irrigation districts, and municipal transfers of existing City-owned water rights. The Project for which the Work under the Agreement is described as: Municipal Water Rights. All replacement materials and worlananship will meet the City of Meridian Standard Specifications and Drawings. The CONSULTANT will be familiar with the specifications. Article 2 ENGINEER The City of Meridian Public Works Department will be the ENGINEER. The City of Meridian Public Works Department is to act as OWNER's representative, assume all duties and responsibilities and have the rights and &uthority assigned to ENGINEER in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents. Article 3 CONTRACT TIME. The Work will be completed within one hundred twenty (120) days (calendar days) from the date when the Contract Time commences to run. Time is of the essence. Article 4 CONTRACT PRICE. OWNER will pay CONSULTANT for completion of the Work in ClUTent funds as follows: Total Contract Price is $64,700.00. Article 5 PAYMENT PROCEDURES. The CONSULTANT will submit Application for Payment as the work progresses but not to exceed one invoice per month. Applications for Payment must be submitted to the Public Works Department. Payments. The OWNER will make progress payments on.account of the Contract Price on the basis of CONSULTANT's Application for Payment as recommended by the Public Works Department, on or about the 15lh day of each month dming construction for Applications submitted to the Public Works Department prior to the 1st day of that month. All progress payments will be on the basis of the progress of the work measmed by the schedule of values established in Article 4. The OWNER may retain up to 5% of the amount of the payment until final completion and acceptance of all Work covered by this Agreement. Upon completion and acceptance ofllie Work, payment will be made in full, including retained percentages, less autborized deductions, within tlllrty (30) days. 7/5/2005 Page Article 6 INTEREST. All moneys not paid when due will bear interest at 12% per annum or the maximum rate allowed by law at the place of Project, whichever is less. Article 7 CONSULTANT'S REPRESENTATIONS. In order to induce the OWNER to enter into the Agreement, the CONSULTANT makes the following representations: 7.1 The CONSULTANT has familiarized itself with the nature and extent of the Work, site, locality, and all local conditions and Laws and Regulations that in any manner may affect cost, progress, performance or furnishing of the Work. 7.2 The CONSULTANT has studied carefully all drawings of physical conditions. 7.3 The CONSULTANT has given Public Works Department written notice of all conflicts, errors or discrepancies that he has discovered and the written resolution thereof by ENGINEER is acceptable to CONSULTANT. Article 8 CONTRACT DOCUMENTS. Tbe Contract Documents, which comprise the entire agreement between the OWNER and the CONSULTANT concerning the Work, consist of the following: 8.1 This Agreement. 8.2 Exhibits to this Agreement - Attachment A = Cost spreadsheet and Attachment B = Work tasks narrative. 8.3 Information for Bidders - N/A. 8,4 Drawings - N/A. 8.5 CONSULTANT's Quote - 2nd of July, 2005. 8.6 Idaho Code Title 42. 8.7 Municipal Water Rights Statute of 1996. 8.8 Documentation submitted by CONSULTANT prior to Notice of A ward. 8.9 Tbe documents listed in paragraph 8.2 above are attached to this Agreement (except as expressly noted otherwise above). There are no Contract Documents other than those listed above in this Article 8. The Contract Documents may only be amended, modified or supplemented by written Change Order. Article 9 MISCELLANEOUS. 9.1 No assignment by a party hereto of any rights under or interest in the Contract Docmnents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically but without limitation moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment no assignment will release or discharge the assignor from any duty or responsibility under the Contract Docmnents. 7/5/2005 Page 9.2 OWNER and CONSULTANT each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns and legal representatives in respect of all covenants and obligations contained in the Contract Documents. Article 10 OTHER PROVISIONS. None IN WITNESS WHEREOF, OWNER and CONSULTANT have signed this Agreement in triplicate. One counterpart each has been delivered to OWNER, CONSULTANT and ENGINEER. All portions of the Contract Documents have been signed or identified by OWNER and CONSULTANT or by ENGINEER on their behalf. The Agreement will be effective on 20~ Owner CITY OF MERIDIAN CONSULTANT By: By Name: Mavor De Weerd Name: Attest: Attest: Name: William Ben! Jr. City Clerk Name: 7/5/2005 Page ~ ; i I ,!., ~ ~ ( ~ f. w 1 ~ ;P i fl c: ~ ~ @ ~ '[ it eo ;i ~ I w -l i ~ t:r:I i ~ ~ ~ 5' f ~ >- ~ Q I: t 8- [ 'l:1 .z ~ ~ ~ ~ g" ~ ~ (') ~ !!l. ~. I" g' [ ~ i ~ i ; I ~ ~ e 2J g) ~ ;;: ~ ~ ... { ... if ; n ... !j ;:;: <:> ;; ~ t"""' 4 t ~ ;; 8 ~ 0 ~ ~ f ~ f- r I q 15' 0 <:> <:> <:> <:> <:> <:> !.A i = ::1j ~ 0 ~ 0 !.A !;:d V,l ~ ~ !.A t"""' ;;J ... ~ ~ ~ :g -.:l ~ ~ {,I> ~ I 0 g i 0 0 <:> <:> <:> <:> <:> <:> ~ ~ [ ~ V,l ~ ~ ~ ~ ~ ~ .... :.,. ~ 0 l ~ V,l I ." !Xl ~ ~ ~ ~ ~ ::J. ~ <:> .... a 'g. f [ ~ VI ;Q ~ .g !.A ~ ~ <:> ~ ~ ~ {,I> ~ ~. 0 g" 8- VI m \0 ~ ~ ~ ;;J ~ <:> <:> ~ .... ~ E VI .... .... 0\ ~ ~ N ... W ~ ~ ~ ~ ~ ~ ~ ~ .... ~:c ~-< ~CL ~ .., ~O ir- 'TO ~ ,sb C;:;' -.. sl' .....:J~~, M ~. :s ~!' >- f""to. f""to. ~ ~ =- = rD = f""to. tv ~ w .j;::>. ~ 0\ 1.0 ?- Hydra WBiC, InL 1002 W. Franklin Street. Boise. ID 83702 (208) 342-8369. (Fax) 342-3100. hvdroJo!!ic(ci)owest.net July 2, 2005 Attachment B. Mr. Brad Watson, P .E. Public Works Director Public Works Department City of Meridian 600 East Watertower Meridian, Idaho 83642 City of Meridian Water Rights Projects Including Future Needs, On-Going Filings, Beneficial Use Licensing Examinations, Snake River Basin Adjudication, Municipal Irrigation District, and Comprehensive Post 1987 Water Rights Transfers Dear Brad: I have developed a scope of work, and estimated costs to work with the City on a number of fronts. For many of these projects, the path remains unclear. In all likelihood, there will be many changes to our plan along the way as some projects are found to be non-fruitful and others fmd new ways to succeed. Another difficulty in quantifying costs for these projects is whether the City will be opposed in any of its filings and! or whether the City will have protests of its own for water rights of others (IMAP or SRBA for example). To that end, I have done the best job I can of apportioning the costs amongst the projects assigning moderate numbers to each task. In other words, the requested amounts are more than enough to "sail throu h" but robabl not enough to go to the ma all in the worst case contested matter. Under this plan, "sharing" of e ds will most likely be adequate whatever happens. Either way, I feel quite encouraged that we will accomplish an enormous amount toward putting Meridians water rights in final order. I believe that we may likely be able to accomplish the stated tasks for less money and this will be our goal. I predict this because we have already done a significant amount of work and the existing individual water rights are already in very good shape. I have discussed the projects with Charlie Honsinger and he is in agreement on the costs which are explained in more detail later in this scope of work narrative. The arrangement I have worked out for the legal aspects of the project is that I would use Ringert Clark as deemed necessary. I would receive and review their invoices and pass the charges along on my bills to the City with no mark Up-'; the City would receive one bill. This is an arrangement I have used before with other clients as well as the City. I believe this will keep costs down and eliminate much work on your end dealing with more than one person. This does not insulate you from Ringert Clark and the City is free to contact and discuss water rights at any time; the bill will simply come through Hydro Logic. Another reason for doing it this way is that we may need to seek other attorneys for some jobs (municipal irrigation district for example; explained below). I have tabulated the costs to complete the work as a single project on the attached spread sheet. The cost estimates are considered maximum amounts and it is my hope and intention to reduce costs at every opportunity. I intend to include a budget spreadsheet for this project that details the monies spent and monies remaining as an attachment to each of my successive invoices. We stand ready to commence the work right away and to proceed continuously to completion of the project without interruption. The following narratives correlate with the spreadsheet tasks to explain, in more detail, the scope of work. FUTURE NEED ANALYSIS AND ApPLICATION This task entails two separate approaches. The first is finding and acquiring existing water rights to be held for reasonably anticipated future needs. This includes our hope to find a block of water with irrigation districts and or available water rights that we discover from transitioning agricultural lands or developments. The second approach is the analysis and application for a new 200S-priority future needs water right. This is our current plan to use the north planning area as a test case and to follow this through the process. The estimated costs include the alternate approach of hiring an economist/planner (such as Don Reading) if necessary to make predictions on growth and land use. Our current (north planning area) approach does not need such an analysis. We have already obtained IDWR conceptual buy-in on our planned approach, we just need to do it. Estimated costs are $ 20K. SNAKE RIvER BASIN ADJUDICATION This will entail following the SRBA through the next year. The IDWR's preliminary recommendations for the City's water rights will be reviewed and analyzed prior to the final recommendations being released to the general public. The water rights of others may be also reviewed (UWID) for insight into how the SRBA is treating municipal water rights. It is conceivable that the cities that were de-facto partners in the !MAP case could unite again if there are issues. The UWID recommendations will be reviewed with respect to damages to Meridian and the options for moving on or digging in our heels will be presented. This task (SRBA) will have more legal hours than the others as a percentage. If our claims sail through and we do not wish to protest anyone else, this will be a rather inexpensive task (estimate $7K-to-$10K). If there are protests of the City's rights or if the City should choose to object to IMAP costs would be significantly greater (estimate as high as $80K). Estimated costs for this task are $ lSK. MUNICIPAL WATER RIGHTS TRANSFERS FOR POST 1987 WATER RIGHTS Transfer applications (or a single application) will be developed and filed to add all wells as points of diversion for all water rights. The current Licenses that were encumbered with the "moratorium conditions" of not being able to irrigate park lands and common areas will have those conditions removed from the rights. This may entail filing a single transfer up front, to 2 flush out the problems, and following it up with a comprehensive transfer. The smaller application would be less apt to be protested and it would set a precedent. The expense of this item ranges from ~$5K for an non-protested comprehensive transfer application to $20K for a protested matter. Transfer of rights from abandoned wells (Well #3 for example) will be accomplished as well. Estimated costs are $ 7~K. NEW WATER RIGHT FILINGS AND IN-LINE BENEFICIAL USE EXAMINATIONS This task entails finalizing approximately five beneficial use field examinations and writing up licensing recommendations to the IDWR for wells 20-B through 26. It also covers new filings required for new wells amendments to permits, and or required transfer application if necessary. Estimated costs are $ 7~K. MUNICIPAL IRRIGATION DISTRICT This is a provision to negotiate with Nampa Meridian Irrigation District and work out the details of the City developing a municipal irrigation district where NMID would simply supply the irrigation water to the City but the City would operate and design the system, needed wells, etc. This task is tantamount to the City receiving a "future needs" block of guaranteed water from Nampa and Meridian Irrigation District for its future use; irrigation or otherwise. I see this as a first step to resolving the City's future water supply needs without spending millions of dollars to do so. Whether this would a wholesale takeover of existing systems or a new upstart fore new systems would be worked out; a combination is the expected result. Preliminary estimated costs are $7K. UNEXPECTED PROTEST OF THE CITY'S WATER RIGHTS OR A CITY PROTEST OF OTHER'S RIGHTS This task is a place holder for the likelihood of the City's water right filings being protested and having to whether through a contested administrative proceeding. Similarly, It is conceivable that the City may discover a water rights application that it needs to protest. Both situations have occurred in the past. Given the increasing contentiousness of recent filings, and the large number of filings the City is proposing, we believe this budget item is warranted. Estimated costs are $ 8K. Edward Squires Hydro Logic, Inc. Respectfully submitted by: E~ ' r July 22, 2005 MERIDIAN CITY COUNCil MEETING APPLICANT July 26,2005 ITEM NO. 5-U REQUEST Agreement for Supply Well #27 Professional Services with Hydro logic, Inc. AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUilDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: See attached ~~ Contacted: Emailed: Date: staff Initials: Phone: Materials presented at public meetings shall become property of the City of Meridian. To: Mayor De Weerd & City Council From: BradWatsQn,p.E.p~ CC: File, City Clerk Date: 7/21/05 Re: July 26,2005 City Council Meeting Agenda Items The Public Works Department requests that the items below be considered on the July 26 City Council agenda, on the Consent Agenda, for Council's consideration. Copies of all agreements are attached. 1. On-Goina Consultation to Water Deoartment - Hvdro Loaic Inc. This agreement formalizes the "on-call" consulting services Hydro Logic has provided to the City over the years. These services include a. Evaluation of around water auality oroblems' b. Regulatory negotiations of monitoring requirements; c. Emergent problems with existing supply wells; d. Regulatory compliance issues; e. Source water protection f. Customer-related water quality complaints. This agreement is on an "as-needed" basis and is time-and-materials, not-to-exceed $15,000. Recommended Council Action: Approve agreement Hydro logic, Inc., in the time- and~materials, not~to-exceed amount of $15,000, for the On-Going Consultation to Water Department and authorize the Mayor to sign and City Clerk to attest. 2. Municioal Water Riahts Proiect - Hvdro Loaic Inc. This agreement includes securing anticipated future water rights, beneficial use licensing examinations of existing supplies (recently constructed wells not previously examined), potential actions per the Snake River Basin Adjudication, coordination with irrigation districts, and municipal transfers of existing City-owned water rights. This agreement is on a time-and-materials, not-to-exceed basis of $64,700. . Page 1 Recommended Council Action: Approve agreement Hydro Logic, Inc., in the time~ and~materials, not-to~exceed amount of $64,700, for the Municipal Water Rights Project and authorize the Mayor to sign and City Clerk to attest. 'f' 3. Supplv Well #27 Professional Services - Hvdro Loaic Inc. This agreement provides for well design, drilling oversight, construction inspection, hydraulic testing, water-quality sampling and regulatory approvals for Well #27 located off Ten Mile Road near Franklin Road. This agreement is on a time-and-materials, not-tO-exceed basis of $23,550. Recommended Council Action: Approve agreement Hydro Logic, Inc., in the time- and~materials, not~to-exceed amount of $23,550, for the Supply Well #27 Professional Services and authorize the Mayor to sign and City Clerk to attest. 4. Ground Water Studies - Hvdro Loaic Inc. This project will entail development of a 3- dimensional framework of the aquifer system using all the City's existing test and supply wells. This study will allow us to better address and plan for future water quality, aquifer yield, well field density, productive well capability, and the possibilities of future in-situ water treatment or aquifer storagelrecovery. This agreement is on a time-and-materials, not-to-exceed basis of $30,000. Recommended Council Action: Approve agreement Hydro Logic, Inc., in the time- and~materials, not-ta-exceed amount of $30,000, for the Ground Water Studies and authorize the Mayor to sign and City Clerk to attest. 5. Supplv Well Evaluations - Hvdro Loaic Inc. This work will include evaluation of older supply wells with recommendations for replacement, repair or modifications to improve water quality. This agreement is on a time-and-materials, not-to-exceed basis of $4,000. Recommended Council Action: Approve agreement Hydro Logic, Inc., in the time~ and-materials, not~ta-exceed amount of $4,000, for the Supply Well Evaluations and authorize the Mayor to sign and City Clerk to attest. Thank you for your consideration. Please let me know if you have any questions about any of these projects. . Page 2 Hydra L98iC~ Th~ ... -.- 1002 W. Franklin Street. Boise. ill 83702 (208) 342-8369. (Fax) 342-3100. hvdrolo!lic<a:!awest.net July 2, 2005 RECEIVED ~ JUl n 5 Z005 19 City of Meridian Public Works Director :Mr. Brad Watson, P.E. Public Works Director City Of Meridian 660 East Watertower, Suite 200 Meridian, Idaho 83642 Subject: Supply Well #27 Contract Dear Brad: Under cover of this letter, please find two signed copy of our proposed contract for hydrogeologic, geotechnical, and inspection services of the City's proposed supply Well #27. If you would like us to carry out the work and direct the project, please sign both contracts and return the copy marked Hydro Logic, Ine in the stamped and addressed envelope provided. Thank you for considering us for this important work for the City. Respectfully, ~p Ed Squires STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONSULTANT ON THE BASIS OF A STIPULATED PRICE THIS AGREEJ\.1ENT is dated the _ day of ~ in the year 2005 by and between City of Meridian, Ada County, Idaho (hereinafter called OWNER) and Hydro Logic, Inc. (hereinafter called CONSULTANT). OWNER and CONSULTANT, in consideration of the mutual covenants hereinafter set forth, agree as follows: Article 1 WORK. The CONSULTANT will complete all Work as specified or indicated in the Agreement. The WORK is generally described as follows: The project includes securing regulatory approvals, well design, drilling oversight, construction inspection, hydraulic testing, water~quaIity sampling, and developing a fmal report for City supply well number 27. The Project for which the Work under the Agreement is described as follows: Geotechnical Services for Well 27. All replacement materials and workmanship will meet the City of Meridian Standard Specifications and Drawings. The CONSULTANT will be familiar witb the specifications. Article 2 ENGINEER The City of Meridian Public Works Department will be the ENGINEER. The City of Meridian Public Works Department is to act as OWNER's representative, assume all duties and responsibilities and have the rights and authority assigned to ENGINEER in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents. Article 3 CONTRACT TIME. The Work will be completed within one hundred twenty (120) days (calendar days) from the date when the Contract Time commences to run. Time is of the essence. Article 4 CONTRACT PRICE. OWNER will pay CONSULTANT for completion of the Work in current funds as follows: Total Contract Price is $23,550.00. Article 5 PAYMENT PROCEDURES. The CONSULTANT will submit Application for Payment as the work progresses but not to exceed one invoice per month. Applications for Payment must be submitted to the Public Works Department. Payments. The OWNER will make progress payments on account of the Contract Price on the basis of CONSULTANT's Application for Payment as recommended by the Public Works Department, on or about the 15th day of each month during construction for Applications submitted to the Public Works Department prior to the 1st day of that month. All progress payments will be on the basis of the progress of the work measured by the schedule of values established in Article 4. The OWNER may retain up to 5% of the amount of the payment until final completion and acceptance of all Work covered by this Agreement. Upon completion and acceptance of the Work, payment will be made in full, including retained percentages, less authorized deductions, within thirty (30) days. 7/4/2005 Page Article 6 INTEREST. All moneys not paid when due will bear interest at 12% per annum or the maximum rate allowed by law at the place of Project, whichever is less. Article 7 CONSULTANT'S REPRESENTATIONS. In order to induce the OWNER to enter into the Agreement, the CONSULTANT makes the following representations: 7.1 The CONSULTANT has familiarized itself with the nature and extent of the Work, site, locality, and all local conditions and Laws and Regulations that in any manner may affect cost, progress, performance or furnishing of the Work. 7.2 The CONSULTANT has studied carefully all drawings of physical conditions. 7.3 The CONSULTANT has given Public Warks Department written notice of all conflicts, errors or discrepancies that he has discovered and the written resolution thereof by ENGINEER is acceptable to CONSULTANT. Article 8 CONTRACT DOCUMENTS. The Contract Documents, which comprise the entire agreement between the OWNER and the CONSULTANT concerning the Work, consist of the following: 8.1 This Agreement. 8.2 Exhibits to this Agreement~ Attachment A = Cost spreadsheet and Attachment B = Work tasks narrative. 8.3 Information for Bidders - N/A. 8.4 DraWings - N/ A. 8.5 CONSULTANT's Quote - 2nd of July, 2005. 8.6 1999 Idaho Standards for Public Works Construction, including Division 100, except as superseded by the Information For Bidders, contained herein. 8.7 Revisions to the Standard Specifications and Special Provisions. 8.8 Documentation submitted by CONSULTANT prior to Notice of Award. 8.9 The documents listed in paragraph 8.2 above are attached to this Agreement (except as expressly noted otherwise above). There are no Contract Documents other than those listed above in this Article 8. The Contract Documents may only be amended, modified or supplemented by written Change Order. Article 9 MISCELLANEOUS. 9.1 No assignment by a party hereto of any rights under or interest in the Contract Documents wi] I be binding on another party hereto without the written consent of the party sought to be bound; and specifically but without limitation moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 7/4/2005 Page 9.2 OWNER and CONSULTANT each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns and legal representatives in respect of all covenants and obligations contained in the Contract Documents. Article 10 OTHER PROVISIONS. None IN WITNESS WHEREOF, OWNER and CONSULTANT have signed this Agreement in triplicate. One counterpart each has been delivered to OWNER, CONSULTANT and ENGINEER All portions of the Contract Documents have been signed or identified by OWNER and CONSULTANT or by ENGINEER on their behalf. The Agreement will be effective on ,20~ Owner CITY OF :MERIDIAN CONSULTANT By: By Name: MavorDe Weerd Name: Attest: Attest: Name: William Ber!! Jr. City Clerk Name: 7/4/2005 Page ~ ~ () !:it g, I ~. ~ ~. f ~ f ~ ..~ i ~ ! ~ j s i i !i '1 i 2 ~ S' i: s: ~ ~ a b 'l9. F ;; ,. ~ g, ~ ~ ~ ~ Q ~ ~ ~ ~ ~ ~ ! I [ I I ~ 0 I I o - 0 i - ~=~ =...~~o. ~_~ ~ a ;; 0' ~ 0 5" _ :: :~: [ II" ~ ~. ~ 6Q 5' ~ [ ~ ~tll l_'~::> l:D~o ~::!~o -::l.:i6Q~ nn ~n:~~~ tll "" 0 "" i I ! r I ~ nIl ~i~tfr ::> 3 ::> lIP lll> ~~ Jg 6Q ~ ~ cc o ~ ...... V1 t.A oc .- Q\ cc ... ~ 0 ~ 0 w ~ 0 ~ ~ ti ~ <=> ~ ~ <=> (,19 ~ o ~ ..... ~ <=> ~ g ~ <=> ~ ~ <=> ~ ..... ~ i (,19 o ~ ~ ~ ~ (,19 ~ ~ o 0 ~ 0 0 0 ~ ~ ~ g ~ (,19 ~ Ul o ~ ~ ~ ~ ~ ~ a (,19 ~ g ~~ (,19 ~ ................................... ~ ~*~~~~i~<=>~""'~~ fi to <n 0 ! 1 ~. ~t ff ~ O\tig~ ~~ ~ i ~ ~tlQ: ~~ m <=> ..... .....1 ~ ~ ~ ~ ~ ~ e g- e. cw - ~. i I · ~ ~ ~ g, ~ lJ ~ Q g[ >- ~ :g go ~ ~ ;. ~ ~ m d' ~. 11 f2 ~ ~ 1 ~ ~ 11 ~. [ g:C ~< ~a.. -- -t ~O fr- nO ~U3 r;;- _. sll e3M ~:s ~!' ~ W .j:>. ~ 0\ :-0 i ~ Hydra W3iC, ffi~ 1'002 W. Franklin Street. Boise, ID 83702 (208) 342-8369. (Fax) 342-3100. hvdrolo~ic@awest.net July 2, 2005 Attachment B. Mr. Brad Watson, P .E. Public Works Director Public Works Department City of Meridian 600 East Watertower Meridian, Idaho 83642 Hydrogeologic Design, Consultation, Inspection Services, Geotechnical Services, & Oversight of the Proposed City of Meridian's # 27 Municipal Supply Well Dear Brad: I have developed a scope of work, and estimated costs to work with you on the specifications, design, drilling, construction, and hydraulic testing of a new City water supply well. We understand that finished water-quality is a major concern of the City and this proposal is directed toward developing a well with the best water-chemistry as well as the best annular seals to protect against contamination. I have tabulated the costs to complete the work as a single project on the attached spread sheet. The cost estimates are considered maximum amounts and I would recommend a 15 percent contingency owing to the inherent unknowns of subsurface exploration and drilling. We stand ready to commence the work right away and to proceed continuously to completion of the project without interruption. The following narratives correlate with the spreadsheet tasks to explain, in more detail, the scope of work. Regulatory SubmittalslWell Site Approval This task includes obtaining, compiling, and review of all available information including Driller's Reports, water quality, water-levels, well locations, nearby sources of pollution, existing City water rights files, and other site characteristics. This information will be used in filings for drilling permits and DEQ site approval (including a preliminary check- list). Digline will be contacted for buried utilities and the water rights filed with IDWR. Technical Well Drilling Specifications and Bid Documents. Contractual agreements, specifications and bid documents for the supply well will be developed. A public drinking water system submittal to DEQ for well site and well- construction approval will be executed with three stamped sets of plans but I have included this in the Regulatory approvals. Project Coordination With Staff, Driller, and City. This includes staff briefings, meetings at the City, calls to and from the driller, e-mails, transmitta1letters, and faxes to the City over the entire length of the project and as the proj ect progresses. On Site Well Drilling and Surface Seal Oversight. This task includes measurement of the drillers tools, on-site observation of the surface seal casing depth and verification of the surface seal according to IDWR rules. Geologist to be on site during the last portion of the pump-chamber casing bore to verify that the geologic section is the same as the test-well and to arrest drilling at the selected seal location. TIlls task includes the design and oversight of the drilling and on-site logging of the drill cuttings. Borehole Geophysics This is a provision to run borehole geophysical logs in the supply well should it be deemed necessary; for example if the supply well lithology appeared different from the test-well lithology or ifvoids are suspected. This provision includes natural gamma-ray, single-point resistivity, caliper, and temperature logs. Final Well Design. Sieve analyses of target aquifer sands will be conducted and a graphic lithologic log will be constructed from drill cuttings and compared and interpreted with respect to geophysical logs of the test-well. Geophysics will be interpreted to most accurately place aquifer/aquitard units with respect to screen locations aild optimum yield. Casing, Seal, Well ScreenlFilter Sand Installation Oversight. On site inspection services to include installation and centralization of the PVC casing including observation and documentation of the full-depth surface seal. Well screen, packer reducer assembly, and filter sand specifications will be verified and measurements taken for as-built construction drawings. Hydraulic Testing, Well Development, and Sampling This task includes coordination and observation of well development techniques along with the installation of the packer-reducer assembly and well head flange. Pumping test design and scheduling for constant-discharge and stepped-discharge testing periods, to include pump-setting, HP, discharge considerations, and measuring/sampling ports. We will oversee the testing which may include some development testing, stepped-discharge testing, and constant-discharge testing. DEQ/USEP A water quality sampling for Public Drinking Water Systems, delivery to the lab of City's choice. On-site supervision, sampling protocol, and pump-sampling equipment. Fields parameters of temperature, pH, conductivity, and sand content are to be measured. Laboratory costs for water analyses are not included in our cost estimate. Down Hole Camera Survey and Well Disinfection. This task includes disinfection of the completed well and scheduling, on-site observation, and review of a down hole camera survey of the completed welL Includes field notes and archive quality videotape delivered to the City with back-up copy kept at Hydro Logic, Inc. Final Report and Regulatory Submittals. A fmal comprehensive report to the City will be prepared and a [mal DEQ Checklist will be submitted. This task includes consolidation of all pertinent documentation, sketches, diagrams, plots, letters, permits, and regulatory submittals into a bound document for future reference. DEQ submittals will be coordinated with the City and include all necessary revisions etc. Respectfully submitted by: L~ ".. Edward Squires Hydro Logic, Inc. r July 22, 2005 MERIDIAN CITY COUNCil MEETING APPLICANT July 26, 2005 ITEM NO. 5-V REQUEST Agreement for Ground Water Studies with Hydro logic, Inc. AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUilDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: See attached ~ Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meetings shall become property of the City of Meridian. Hydra L~lCf IJr. 1002 W. Franklin Street. Boise. ID 83702 (208) 342-8369. (Fax) 342-3100. hvdrologic{@awest.net July 2, 2005 Mr. Brad W atso~ P.E. Public Works Director City Of Meridian 660 East Watertower, Suite 200 Meridian, Idaho 83642 RECEIVED JLfL 0 6 2005 City of Meridian Public Works Director 114 Subject: Suy0) THeil 'f:f'1'7 C>';?:Q.tlagt H.. G;r~~w.\. "",o..~V-'(,,^C:Ii...~~~ 'PI~ '-'\ Dear Brad: Under cover of this letter, please find two signed copies of our proposed contract for ground water studies for the Meridian aquifer system. I believe these studies to be very basic, fundamental investigations that provide essential information for the growing and future City. The resultant docwnents will be long-term (forever) references that will be used again and again (and hopefully improved on) in the future. Documentation of the information that is in my head is necessary so that the wheel does not get reinvented over and over again by future consultants that have to start from ground zero. I foresee that many good ideas and concepts will grow from these investigations that can only be realized by actually spending the time and writing it up. We have talked about doing these studies for years and I believe the time has come. Should you decide not to do the studies, that of course is the City's prerogative and I will cease beating this drum. I would not be doing my job for you, however, if I let this opportunity go by without my strong recommendation to move forward with the studies. I believe the costs are very low with respect to the deliverable products, partly because of the incredible data base we have to work with and partly because of my research interest in getting this written up. Please call to discuss if you have questions on the scope of work. If you would like us to carry out the work and direct the project, please sign both contracts and return the copy marked Hydro Logic, Inc in the stamped and addressed envelope provided. Thank you for considering us for this important work for the City. Respectfully, 2:~ Ed Squires STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONSULTANT ON THE BASIS OF A STIPULATED PRICE TIllS AGREEMENT is dated the _ day of ~ in the year 2005 by and between City of Meridian, Ada County, Idaho (hereinafter called OWNER) and Hydro Logic, Inc. (hereinafter called CONSULTANT). OWNER and CONSULTANT, in consideration of the mutual covenants hereinafter set forth, agree as follows: Article 1 WORK. The CONSULTANT will complete all Work as specified or indicated in the Agreement The WORK is generally descnbed as follows: The project includes two main components. The first is a Hydrogeologic Framework/Geochemistry Study and the second is a Ground Water Master Plan. The Master Plan portion of the work follows the Hydrogeologic Framework study which characterizes the three-dimensional framework of the aquifer system underlying the City of Meridian. The framework study synthesizes all of the City~s existing geologic~ geophysical, hydrogeologic, and geochemical data from its exploratory test and water supply weDs projects to explore the lateral continuity of aquitardlaquitard units that control the occurrence and movement of ground water beneath the City. The framework study provides the backdrop for a planning document for the City's ground water supply which will address future water quality concerns, sustainable aquifer yield, weD field density, productive capability of wells~ identifies wells in need of replacement~ in-situ water treatment possibilities, aquifer storage and recovery, etc. The Project for which the Work under the Agreement is described as: Ground Water Studies. All replacement materials and workmanship will meet the City of Meridian Standard Specifications and Drawings. The CONSULTANT will be familiar with the specifications. Article 2 ENGINEER The City of Meridian Public Works Department will be the ENGINEER. The City of Meridian Public Works Department is to act as OWNER's representative, assume all duties and responsibilities and have the rights and authority assigned to ENGINEER in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents. Article 3 CONTRACT TIME. The Work will be completed within one hundred twenty (180) days (calendar days) from the date when the Contract Time commences to nut Time is of the essence. Article 4 CONTRACT PRICE. OWNER will pay CONSULTANT for completion of the Work in current funds as follows: Total Contract Price is $30,000.00. Article 5 PAYMENT PROCEDURES. The CONSULTANT will submit Application for Payment as the work progresses but not to exceed one invoice per month Applications for Payment must be submitted to the Public Works Department 7/5/2005 Page Payments. The OWNER will make progress payments on account of the Contract Price on the basis of CONSULTANT's Application for Payment as recommended by the Public Works Department, on or about the 15th clay of each month during construction for Applications submitted to the Public Works Department prior to the 1st day of that month. All progress payments will be on the basis of the progress of the work measured by the schedule of values established in Article 4. The OWNER may retain up to 5% of the amount of the payment until:final completion and acceptance of all Work covered by this Agreement Upon completion and acceptance of the Work, payment will be made in fulL including retained percentages, less authorized deductions, within thirty (30) days. Article 6 INTEREST. All moneys not paid when due will bear interest at 12% per annum or the maximum rate allowed by law at the place of Project, whichever is less. Article 7 CONSULTANT'S REPRESENTATIONS. In order to induce the OWNER to enter into the Agreement, the CONSULTANT makes the following representations: 7.1 The CONSULTANT has familiarized itseJfwith the nature and extent of the Work, site, locality, and all local conditions and Laws and Regulations that in any manner may affect cost, progress, perfonnance or furnishing of the Work. 7.2 The CONSULTANT has studied carefully all drawings of physical conditions. 7.3 The CONSULTANT has given Public Works Department written notice of all conflicts, errors or discrepancies that he has discovered. and the written resolution thereof by ENGINEER is acceptable to CONSULTANT. Article 8 CONTRACT DOCUMENTS. The Contract Documents, which comprise the entire agreement between the OWNER and the CONSULTANT concerning the Work, consist of the following: 8.1 This Agreement 8.2 Exhibits to this Agreement - Attachment A = Cost spreadsheet and Attachment B = Work tasks narrative. 8.3 Information for Bidders - N/A. 8.4 Drawings - Nt A. 8.5 CONSULTANT's Quote - 2nd of July, 2005. 8.6 Documentation submitted. by CONSULTANT prior to Notice of Award. 8. 7 The documents listed in paragraph 8.2 above are attached to this Agreement (except as expressly noted othenvise above). There are no Contract Documents other than those listed above in this Article 8. The Contract Documents may only be amended, modified or supplemented by written Change Order. Article 9 MISCELLANEOUS. 9.1 No assignment by a party hereto of any rights under or interest in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically but without limitation moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the 7/512005 Page duty or responsibility under the Contract Documents. It is agreed between parties that the resultant report is public information and that the two principal investigators may use the hydrogeologic, geoplogic, geophysical, and geochemical data and findings for a peer-reviewed scientific publication on the groundwater conditions beneath Meridian. Full acknowledgement of the contributions and support of the City of Meridian would be referenced in any such report It is understood. that the price of this contract has been discounted to provide for such use of the data. 9.2 OWNER and CONSULTANT each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns and legal representatives in respect of all covenants and obligations contained in the Contract Documents. Article 10 OTHER PROVISIONS. None IN WITNESS WHEREOF, OWNER and CONSULTANT have signed this Agreement in triplicate. One counterpart each has been delivered to OWNER, CONSULTANT and ENGINEER All portions of the Contract Documents have been signed or identified by OWNER and CONSULTANT or by ENGINEER on their behalf The Agreement will be effective on 20~ Owner CITY OF :MERIDIAN CONSULTANT Hvdro Lolric Inc. By; By ~~ Name: Mavor De Weerd Name: Attest Attest: Name: William Berg Jr. City Clerk Name: '7/5/2005 Page 6 ~ ~ ~ l- n ! f ~ ~ ~Ii !It ~! i ~ ::e l ~ ! o ~ I i ! I- ~ i 0'1 N -.l 00 i~ i t.J.J \0 ~ rtI _. ~ g ~ 1,0 0'1 .,~~f.i f~ { ~ A Q o ~ ~~ o ~ ~ ~ N 0'1 ~ 0. .... o g ~ Q ~ rg ~ ~ trJ ! .f:l ~ ~ ~ t1 .g !; i ~ ~ GO> (3 ~ Jg- ~r ! ~ tv ~ i ~ ~ <0'9 g ;;i ~ a Sl - ~ ~ I~ ~I () ;;i I ~ GO> a ~ OJ g. ~ g' ~ ;i ~ e. 0- q o f '-< ;" = = -< .P'~ N 0 Q =: Q = lh Q. f tI.l = Q. I ~ e ~ :: ! ~.~ S~ ~~ H i~ ~i ~[ ! ~ S- o "' [ ~ f ~ - ~ \~ ~~ ~ ~ ~g ffil1 r~ ,. n \3 00 V.l -....J 3: ~ >- f""P. f""P. = ~ I:" e n> = f""P. -~ tv ~ V.l ..r;:.. i t-r:l ~ V.l ..r;:.. ~ o o :::r 0.. a 0' ~ ~ Hydra LDjic, In . i 002 W. Franklin Street Boise ID 83702 (208) 342-8369, (Fax) 342-3] 00. hvdrolorric(@.qwest.net July 2, 2005 Mr. Brad Watson, P.E. Public Works Departmet, Director City of Meridian 600 East Watertower Meridian, Idaho 83642 Attachment B. City of Meridian Hydrogeologic Framework I Ground Water Geochemistry Studies and Development of a Ground Water Master Plan Dear Brad: I have written up the following scope of work, and estimated costs to work with the City on a hydrogeologic framework! groundwater geochemistry evaluation in support of the development of a ground water master plan for the City. This is a project we have been discussing for years and one that Gary Smith had previously asked me to develop a proposal for. I am of the opinion that this project is one of great need and merit for a number of reasons: 1) It would compile and synthesize all of hydrogeologic, geophysical, geologic, and geochemical data that the City has developed over the last fifteen years into a single report with observations, conclusions, and recommendations, 2) cross-sectional diagrams of the sub-surface would be generated to better illustrate the three dimensional framework of the aquifer system, 3) the study could be the data base for any number offuture regulatory and water right matters to be addressed, 4) the study would serve as the conceptual model necessary to future computer modeling of the aquifer system, 5) the report would document all of our unpublished [mdings on the aquifer system from our studies over the years (mostly in my head at this time), 6) it would provide the basis for the City's desire to declare an Area of Drilling Concern, 7) if and when sub-surface contaminants begin to show up, this work would provide a basis to deal with it and to predict where it will migrate, and 8) well-head protection, source water protection, and water rights are other concepts that would benefit from such a study. The details are explained below. The Ground Water Master Plan will be the most immediately useful product to the City in terms oflong and short term planning. This is envisioned as a stand-alone document that would complement your general water master plan. You are aware that the hydrogeologic framework study is a project that I would like to publish in a peer-reviewed professional journal and that I have a personal interest in doing so. This desire, on my part, is responsible for the low cost of a project of this magnitude. With the City's blessing to publish, I am willing to devote significant personal time to this project. Obviously, no proprietary City data would be released and the City would be given full credit for its support, vision, and' good work. Obviously, there would be no charges to the City for the research report which would not actually be commenced until the City's reports are completed and accepted. I have tabulated the costs to complete the work as a single project on the attached spread sheet. The cost estimates are not-to-exceed amounts. I intend to include a budget spreadsheet for this project that details the monies spent and monies remaining as an attachment to each of my successive invoices. The amounts are estimates but, also, not-to-exceed numbers. We stand ready to commence the work right away and to proceed continuously to completion of the project without interruption. The following narratives correlate with the spreadsheet tasks to explain, in more detail, the scope of work. HYDROGEOLOGIC FRAMEWORK / GEOCHEMISTRY STUDIES This task entails two separate approaches. The first is developing a three dimensional conceptual model of the Meridian sub-surface. The lithologic logs, geophysical records, hydraulic testing, ground water monitoring data would be compiled and synthesized into cross-sectional (cut-away) diagrams of the upper 1000 feet of geologic section beneath Meridian. These drawings would be used to correlate between aquifer units and well completion intervals. Besides characterizing the basin sediments, aquifer pressures and significant observations would be documented for future investigations and discoveries. At this time, I am the only one with detailed knowledge of the sub-surface and of all the intricacies of our 15 years of unpublished experiments and drilling projects. I think it important to record this knowledge for future workers and in the event something would happen to me. Updated monitoring results with a synopsis of our interpretation of the water level data would be included. Water wells of significance that do not belong to the City would be referenced as well along with seismic information and Treasure Valley Hydrologic Project data from Meridian. The dynamics of ground water recharge would be addressed with predictions on future anthropogenic contamination issues. Finally, and most usefully, this report would include conclusions and recommendations on the future development and protection of the ground water resource relied upon by the City of Meridian. Estimated costs are $ 20K. GROUND WATER MASTER PLAN This will entail drawing from the hydrogeologic framework data and information from individual City supply wells. Total productive yield from each City well site, including consideration of multiple wells, will be estimated, each individual well will be evaluated with respect to its maximum production potential and existing condition. A well maintenance schedule and priority will be tabulated for capital planning purposes. GroWld water chemistry results will be analyzed from the perspective of future wells, future water quality concerns, and changing conditions within the aquifer. Well drilling practices, other than the City's, will be discussed with respect to damages to the aquifer; domestic and agricultural wells will be addressed. A chapter on water rights will be included as well as the potential effects of production wells along the periphery of the Meridian Water Service Area. Conclusions and recommendations will be detailed in narrative form. Available water level and hydraulic test data will be used without any new measurements other than the potential for SCADA data from the City in electronic form. Estimated costs for this task are $ lOK. Respectfully submitted by: Edward Squires Hydro Logic, Inc. E)~ July 22, 2005 MERIDIAN CITY COUNCil MEETING APPLICANT July 26,2005 5~W AGENCY COMMENTS See attached ~ ~fJ, Date: Staff Initials: Contacted: Emailed: REQUEST Agreement for Supply Well Evaluations with Hydro logic, Inc. ITEM NO. CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATIORNEY CITY POLlCE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Phone: Materials presented at public meetings shall become property of the City of Meridian. H}'<1rQ LOBIC" Th~,~ 1002 W. Franklin Street. Boise ill 83702 (208) 342-8369 July 2, 2005 rFax)342-3100 hVdroIOaiC@awe~ RECEIVED JUL 0 6 2005 City oi: Meridian Public Works Director J.\1:r. Brad Watson, P .E. Public Works Director City Of Meridian 660 East Watertower, Suite 200 Meridian, Idaho 83642 Subject: Well Evaluation Contract Dear Brad: Under cover of this letter, please find two signed copies of our proposed contract to evaluate up to two supply wells over the next fiscal year. If you would like us to carry out the work and direct the project, please sign both contracts and return the copy marked Hydro Logic, Inc in the stamped and addressed envelope provided. Thank you for considering us for this important work for the City. Respectfully, ~j~ Ed Squires STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONSULTANT ON THE BASIS OF A STIPULATED PRICE TillS AGREEMENT is dated the _ day of ~ in the year 2004 by and between City of Meridian, Ada County, Idaho (hereinafter called OWNER) and Hydro Logic, Inc. (hereinafter called CONSULTANT). OWNER and CONSULTANT, in consideration ofthe mutual covenants hereinafter set forth, agree as follows: Article 1 WORK. The CONSULTANT will complete all Work as specified or indicated in the Agreement. The WORK is generally described as follows; The project includes evaluations of older and existing water supply wells for replacement, repair, and or changes to details of well construction to improve water quality. The Project for which the Work under the Agreement is described as: Supply Well Evaluations. All replacement materials and workmanship will meet the City of Meridian Standard Specifications and Drawings. The CONSULTANT will be familiar with the specifications. Article 2 ENGINEER The City of Meridian Public Works Department will be the ENGINEER. The City of Meridian Public Works Department is to act as OWNER's representative, assume all duties and responsibilities and have the rights and authority assigned to ENGINEER in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents. Article 3 CONTRACT TIME. The Work will be completed as necessary and requested by the City of Meridian when it is understood that time will be of the essence. Article 4 CONTRACT PRICE. OWNER will pay CONSULTANT for completion of the Work in current funds as follows: Total Contract Price is $ 4,000.00. Article 5 PAYMENT PROCEDURES. The CONSULTANT will submit Application for Payment as the work progresses but not to exceed one invoice per month. Applications for Payment must be submitted to the Public Works Department. Payments. The OWNER will make progress payments on account of the Contract Price on the basis of CONSULTANT's Application for Payment as recommended by the Public Works Department, on or about the 15th day of each month during construction for Applications submitted to the Public Works Department prior to the 1st day of that month. All progress payments will be on the basis of the progress of the work measured by the schedule of values established in Article4. The OWNER may retain up to 5% of the amount of the payment until :final completion and acceptance of all Work covered by this Agreement. Upon completion and acceptance of the Work, payment will be made in full, including retained percentages, less authorized deductions, within thirty (30) days. 7/5/2005 Page Article 6 INTEREST. All moneys not paid when due will bear interest at 12% per annum or the maximum rate allowed by law at the place of Project, whichever is less. Article 7 CONSULTANT'S REPRESENTATIONS. In order to induce the OWNER to enter into the Agreement, the CONSULTANT makes the following representations: 7.1 The CONSULTANT has familiarized itself with the nature and extent of the Work, site, locality, and all local conditions and Laws and Regulations that in any manner may affect cost, progress, performance or furnishing of the Work. 7.2 The CONSULTANT has studied carefully all drawings of physical conditions. 7.3 The CONSULTANT has given Public Works Department written notice of all conflicts, errors or discrepancies that he has discovered and the written resolution thereof by ENGINEER is acceptable to CONSULTANT. Article 8 CONTRACT DOCUMENTS. The Contract Documents, which comprise the entire agreement between the OWNER and the CONSULTANT concerning the Work, consist of the following: 8.1 This Agreement. 8.2 Exhibits to this Agreement - Attachment A = Work tasks narrative. 8.3 Information for Bidders - N/A. 8,4 Drawings - N/A. 8.5 CONSULTANT's Quote - SIb of July, 2005. 8.6 2005 Idaho Standards for Public Works Construction, including Division 100, except as superseded by the Information For Bidders, contained herein. 8.7 Revisions to the Standard Specifications and Special Provisions. 8.8 Documentation submitted by CONSULTANT prior to Notice of Award. 8.9 The documents listed in paragraph 8.2 above are attached to this Agreement (except as expressly noted otherwise above). There are no Contract Documents other than those listed above in this Article 8. The Contract Documents may only be amended, modified or supplemented by written Change Order. Article 9 MISCELLANEOUS. 9 .1 No assignment by a party hereto of any rights under or interest in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bOlllld; and specifically but without limitation moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 7/5/2005 Page 9.2 OWNER and CONSULTANT each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns and legal representatives in respect of all covenants and obligations contained in the Contract Documents. Article 10 OTHER PROVISIONS. None IN WITNESS WHEREOF, OWNER and CONSULTANT have signed this Agreement in triplicate. One cOlUlterpart each has been delivered to OWNER, CONSULTANT and ENGINEER. All portions of the Contract Documents have been signed or identified by OWNER and CONSULTANT or by ENGINEER on their behalf. The Agreement will be effective on ,20~ Owner CITY OF MERIDIAN CONSULTANT Hvdro Loe:ic Inc. By: By f:~~ Edwar Saurres Presldent Name: Mavor De Weerd Name: Attest: Attest: Name: William BeT!?: Jr. Citv~ Clerk Name: 7/5/2005 Page ~ ~ ! g ~ f ! f ~ ~ ~ I VJ ~ - <= S" i ~ ~ ~ ~ & ~ j g' q tJj f. ~ i i ::c (.,l ~ t::; ~ ~ g N ~. i i q g th ...; 0 ;;! a- t""' 0 g ~ ~ , ~ f ::1l i 0 ~ [ i ;;! ~ ~ ~ .,. 0 I ~ i. ~. N 0 ~ 0 th ~ ~ ~ ~ t""' oJ ~ ~ ~ "... go J U> 51 g, - I- 0 0 0 ~ ~ g: l;A ~ :i:5 ... 4>. i 0 ~ ~ <> trl (,t') ~ ~ .... I ~. 0 $ ~ ~ '" ~ .g (,t') ~ ~ j 0 ..... 5- i &o:l ~ ~ ..... ~ c/ 0 ~ g, ('-l ~ 0 ~ ~ y~ ~ "... G- I o::r: O~. ~~ ~ 0 158 15: . --.- S.... ~ ~n ~ J, J ~5"' ~. n s 00 W ~ ~ >- ""'" ""'" ~ ~ =- S ~ = ""'" ?"- ~ w ~ ~ 0\ \0 i ~ . Hydra laEjlC, IUJ ~ 1002 W. Franklin Street. Boise ID 83702 (208) 342-8369. (Fax) 342-3100. hvdrolo2:ic@awest.net July 5, 2005 Attachment B. Mr. Brad Watson, P.E. Public Works Department, Director City of Meridian 600 East Watertower Meridian, Idaho 83642 Evaluation of Aging Supply Wells and/or Wells With Water Quality Challenges Dear Brad: I have developed a scope of work, and estimated costs to work with the City on the evaluation of existing municipal supply wells for 1) replacement, 2) modification, 3) maintenance, and or repair in advance of an emergent situation. Several of the City's wells are aging and some produce less than desirable water to Meridian's customers. Wells that have been identified as qualifYing for such work include Wells #7, # 1 0, and/or # 11. Similarly, some recent wells are affected by water geochemistry challenges (Well #23 = radiology and Well #22 = iron and manganese) that should be addressed through similar evaluations. The investigatiqns would consider geologic, hydrogeologic, geochemical, and well construction data to develop a short technical memorandum of observations, conclusions, and recommendations for any given well. I have tabulated the costs to complete the work as a single project on the attached spread sheet. The cost estimates are considered to cover a maximum of two wells for the term of the contract; unless two projects were very straightforward and remaining fund were available. We stand ready to commence the work right away and to proceed continuously to completion of the project without interruption. The following narratives correlate with the spreadsheet tasks to explain, in more detail, the scope of work. Thank you for considering Hydro Logic, Inc. for this work for the City. Respectfully submitted by: Edward Squires 5" j~ Hydro Logic, Inc. C- / ' July 22, 2005 MERIDIAN CITY COUNCIL MEETING APPLICANT July 26, 2005 ITEM NO. 5-X REQUEST Request for Funds No.3 for Meridian Sr. Center Rehabilitation Project ICDBG 04-111...Ql-S AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUilDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: ~~ Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at publiC meetings shall become property of the City of Meridian. July 22, 2005 MERIDIAN CITY COUNCIL MEETING APPLICANT Ayest, LP AZ 04-033 July 26,2005 ITEM NO. 5~Y REQUEST Development Agreement - Request for Annexation and Zoning of 15.92 acres from C-2 and RUT zones to C-G zone for Stor-It - 355 North Ten Mile Road AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION; IDAHO POWER: US WEST: INTERMOUNTAIN GAS; MERIDIAN POST OFFICE: OTHER: Contacted: (~ Date:t(:fS(b:) Phone: Emailed: (1( al ~ - ~r J Staff Initials: ))2 Ma . lab p'~~nled a'publle m;'ngs .hall became p'opelly of Ibe CIIy of Meridian. COMMENTS See attached Development Agreement ~p / (TrYI)f ~.. \..../VL erldit[n~~/5 ""\ lr),\HO ? / MAYOR Tammy de Weerd CITY COUNCIL MEMBERS Keith Bird Christine Donnell Charles M. Rountree Shaun Wardle CITY DEPARTMENTS Fire 5-!0 E. Franklin Road 888-123-! / fax 895-0390 Parks & Recreation 11 W. Bower Street 888-3579 / fax 898-5501 Planning 660 E. Watertower Lane Suite 202 884-5533 / fax 888-6844 Police 1401 E. Watertower Lane 888-6678/846-7366 Public Works 660 E. Watertower Lane Suite 200 898-5500 / fax 898-9551 - Building 660 E. Water tower Lme Suite 150 S?;j -22 II / !dX 8;:;;- J 2t),' - Waste"vater 3401 N. Tcn rvlilc Road 888-21911 fax 884-0744 - Water 2235 N.W. 8th Street June 7, 2005 Craig Callaham Quadrant Consulting 405 South 8th Street Suite 295 Boise, ID 83702 Re: Development Agreement - Star-It AZ 04-033 Dear Mr. Callaham, Enclosed please find the original Development Agreement for Star-It, which .is ready for your review and signatures of the appropriate parties. Please sign where indicated and return to the City of Meridian City Clerk's Office for placement on the next available City Council Agenda for approval. Please call me if you have any questions at 208-888-4433. Sincerely, f ' ~!CL\1} A~ S I ~ (lel Tara Green Deputy City Clerk CITY HALL 33 EAST IDAHO AVENUE MmIDlAN, JDAHO C!3642 (208) 888-4433 L\X RSS 1::1" ell Y !\Trcw~\'rY / III.: Fi\ x 8S..1.S723 H'':/\\~(T ". UTJI .11'Y nil LINe - 1'1\' ~S7.4.':D M,W()WS mTICI Prh..h\d n;-; r~.y\'c1pd p',"'tpe:' :~~i~gANJJ :S~~~/~~E~~4t:~D NAVARRO AMOUNT .un 27 N~~~JE~~~~Q~~~t~~Q 11/ 11I1'''''1111''''1'111''''11111 'II MerJdlan CIty 1135115815 DEVELOPMENT AGREEMENT PARTIES: 1. 2. City of Meridian A vest, LP, OwnerlDeveloper THIS DEVELOPMENT AGREEMENT (this "Agreement"), is made and entered into this~ day of ~Tu \ ~ ,2005, by and between CITY OF MERIDIAN, a municipal corporation 0 he State of Idaho, hereafter called "CITY', and Avest, LP, hereinafter called "OWNER/DEVELOPER". 1. RECITALS: 1.1 WHEREAS, "OWNER/DEVELOPER" is the sole owner, in law and/or equity, of certain tract of land in the County of Ada, State of Idaho, described in Exhibit A for each owner, which is attached hereto and by this reference incorporated herein as if set forth in full, herein after referred to as the "Property"; and 1.2 WHEREAS, I.C. S 67-6511A, Idaho Code, provides that cities may, by ordinance, require or permit as a condition of re-zoning that the "Owner" make a written commitment concerning the use or development of the subject "Property"; and 1.3 WHEREAS, "City" has exercised its statutory authority by the enactment of Ordinance 11-15-12 and 11-16-4 A, which authorizes development agreements upon the annexation and/or re-zoning of land; and 1.4 WHEREAS, "Owner" has submitted an application for annexation and zoning of the "Property's" described in Exhibit A, and has requested a designation of (C-G) General Retail and Service Commercial District, (Municipal Code of the City of Meridian); and 1.5 WHEREAS, "OwnerlDeveloper" made representations at the public hearings both before the Meridian Planning & Zoning Commission and before the Meridian City Council, as to how the subject "Property" will be developed and what improvements will be made; and DEVELOPMENT AGREEMENT (AZ 04-033 STOR-IT by A VEST, LP) PAGE 1 OF 11 1.6 WHEREAS, record of the proceedings for the requested annexation and zoning designation ofthe subject "Property" held before the Planning & Zoning Commission, and subsequently before the City Council, include responses of government subdivisions providing services within the City of Meridian planning jurisdiction, and received further testimony and comment; and 1.7 WHEREAS, City Council, the 15th day of March, 2005, has approved certain Findings of Fact and Conclusions of Law and Decision and Order, set forth in Exhibit B, which are attached hereto and by this reference incorporated herein as if set forth in full, hereinafter referred to as (the "Findings"); and 1.8 WHEREAS, the Findings require the "Owner" to enter into a development agreement before the City Council takes final action on annexation and zoning designation; and 1.9 "OWNER" deems it to be in its best interest to be able to enter into this Agreement and acknowledges that this Agreement was entered into voluntarily and at its urging and requests; and 1.10 WHEREAS, "City" requires the "OwnerlDeveloper" to enter into a development agreement for the purpose of ensuring that the "Property" is developed and the subsequent use of the "Property" is in accordance with the terms and conditions of this development agreement, herein being established as a result of evidence received by the "City" in the proceedings for zoning designation from government subdivisions providing services within the planning jurisdiction and from affected property owners and to ensure re-zoning designation is in accordance with the amended Comprehensive Plan of the City of Meridian adopted August 6, 2002, Resolution No. 02-382, and the Zoning and Development Ordinances codified in Meridian City Code Title 11 and Title 12. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows; 2. INCORPORATION OF RECITALS: That the above recitals are contractual and binding and are incorporated herein as if set forth in full. DEVELOPMENT AGREEMENT (AZ 04-033 STOR-IT by A VEST, LP) PAGE 2 OF 11 3. DEFINITIONS: For all purposes of this Agreement the following words, terms, and plrrases herein contained in this section shall be defined and interpreted as herein provided for, unless the clear context of the presentation of the same requires otherwise: 3.1 "CITY": means and refers to the City of Meridian, a party to this Agreement, which is a municipal Corporation and government subdivision of the state ofIdaho, organized and existing by virtue oflaw of the State ofIdaho, whose address is 33 East Idaho Avenue, Meridian, Idaho 83642. 3.2 "OWNERlDEVELOPER": means and refers to Avest, LP whose address is PO Box 140075, Boise, Idaho 83714, the party developing said "Property" and shall include any subsequent owner(s)/developer(s) of the "Property". 3.3 "PROPERTY": means and refers to that certain parcel(s) of "Property" located in the County of Ada, City of Meridian as described in Exhibit A describing the parcels to be annexed and zoned C-G (General Retail and Service Commercial District) attached hereto and by this reference incorporated herein as if set forth at length. 4. , USES PERMITTED BY THIS AGREEMENT: 4.1 The uses allowed pursuant to this Agreement are only those uses allowed under "City's" Zoning Ordinance codified at Meridian City Code Section ll.::1:1....Q9 which are herein specified as follows: Construction and development of either a conditional use permit or a planned development application shall be submitted to the City of Meridian prior to afuture development in tlte C-G zone, and tlte pertinent provisions of the City of Meridian Comprehensive Plan are applicable to this AZ-04-033application. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. DEVELOPMENT AGREEMENT (AZ 04-033 STaR-IT by A VEST, LP) PAGE 3 OF 1 I 5. DEVELOPMENT IN CONDITIONAL USE: "Owner/Developer" has submitted to "City" an application for conditional use permit conceptual site plan dated November 23, 2004, and shall be required to obtain the "City'" approval thereof, in accordance to the City's Zoning and Development Ordinance criteria, therein, provided, prior to, and as a condition of, the commencement of construction of any buildings or improvements on the "Property" that require a conditional use permit. 6. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 1. "Owner/Developer" shall develop the "Property" in accordance with the following special conditions: a. Ten Mile Road is within ACHD's Five Year Work Plan and right of way will be required to complete the goals as set forth by ACHD. Staff is recommending that the applicant dedicate the right of way as set forth by ACHD as a condition of the development agreement. b. Prior to issuance of any building permit or Certificate of Zoning Compliance on the subject property, the site shall be reviewed for compliance with the Meridian City Code for landscaping, parking and setback requirements. c. Prior to issuance of any building or Certificate of Zoning Compliance on the subject property, the required right of way shall be dedicated to ACHD. d. The City of Meridian's Comprehensive Plan requires a multi-use pathway along Ten Mile Creek, provided at the owner's expense and in cooperation with the City of Meridian Parks and Recreation. Therefore, the applicant shall construct a ten-foot multi-use pathway to Parks Department standards as set forth in the August 2003 Comprehensive Parks and Recreation System Plan, pgs. 3-2 and 3-3, sections B & C. The applicant shall obtain an easement or agreement with the Nampa Meridian Irrigation District for the appropriate access requirements on the west side of Ten Mile Creek. 2. Any existing domestic wells will have to be removed from their domestic service per City Ordinance Section 9-1-4 and 9-4-8. All septic system(s) will have to be removed 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. DEVELOPMENT AGREEMENT (AZ 04-033 STOR-IT by A VEST, LP) PAGE 4 OF 11 3. 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 written approval or non-approval submitted to the Public Works Department. If lateral users association approval can't be obtained, plans will be reviewed and approved by the Meridian City Engineer prior to final plat signature. 4. Any future subdivision, uses and construction on this property shall comply with the City of Meridian ordinances in effect at the time. 7. COMPLIANCE PERIOD/CONSENT TO REZONE: This Agreement and the commitments contained herein shall be terminated, and the zoning designation reversed, upon a default of the "Owner" or "Owners" heirs, successors, assigns, to comply with Section 6 entitled "Conditions Governing Re-Zone" of subject "Property" of this agreement within two years of the date this Agreement is effective, and after the "City" has complied with the notice and hearing procedures as outlined in I.C. ~ 67-6509, or any subsequent amendments or recodifications thereof. 8. CONSENT TO DE-ANNEXATION AND REVERSAL OF ZONING DESIGNATION: "Owner/Developer" consents upon default to the reversal of the zoning designation ofthe "Property" subject to and conditioned upon the following conditions precedent to-wit: 8.1 That the "City" provide written notice of any failure to comply with this Agreement to "Owner" and if the "Owner" fails to cure such failure within six (6) months of such notice. 9. INSPECTION: "Owner/Developer" shall, immediately upon completion of any portion or the entirety of said development of the "Property" as required by this agreement or by City ordinance or policy, notify the City Engineer and request the City Engineer's inspections and written approval of such completed improvements or portion thereof in accordance with the terms and conditions of this Development Agreement and all other ordinances of the "City" that apply to said Development. DEVELOPMENT AGREEMENT (AZ 04-033 STOR-IT by A VEST, LP) PAGE 5 OF I 1 10. DEFAULT: 10.1 In the event "Owner/Developer", "Owner/Developer's" heirs, successors, assigns, or subsequent owners of the "Property" or any other person acquiring an interest in the "Property", fail to faithfully comply with all of the terms and conditions included in this Agreement in connection with the "Property", this Agreement may be modified or terminated by the "City" upon compliance with the requirements of the Zoning Ordinance. 1 0.2 A waiver by "City" of any default by "Owner" of anyone or more of the covenants or conditions hereof shall apply solely to the breach and breaches waived and shall not bar any other rights or remedies of "City" or apply to any subsequent breach of any such or other covenants and conditions. 11. REQUIREMENT FOR RECORDATION: "City" shall record either a memorandum of this Agreement or this Agreement, including all of the Exhibits, at "Owner's" cost, and submit proof of such recording to "Owner", prior to the third reading of the Meridian Zoning Ordinance in connection with the re-zoning of the "Property" by the City Council. If for any reason after such recordation, the City Council fails to adopt the ordinance in connection with the annexation and zoning of the "Property" contemplated hereby, the "City" shall execute and record an appropriate instrument of release of this Agreement. 12. ZONING: "City" shall, following recordation of the duly approved Agreement, enact a valid and binding ordinance zoning the "Property" as specified herein. 13. REMEDIES: This Agreement shall be enforceable in any court of competent jurisdiction by either "City" or "Owner", or by any successor or successors in title or by the assigns of the parties hereto. Enforcement may be sought by an appropriate action at law or in equity to secure the specific performance ofthe covenants, agreements, conditions, and obligations contained herein. 13.1 In the event of a material breach of this Agreement, the parties agree that "City" and "Owner" shall have thirty (30) days after delivery of notice of said breach to correct the same prior to the non-breaching party's seeking of any remedy provided for herein; provided, however, that in the case of any such default which DEVELOPMENT AGREEMENT (AZ 04-033 STOR-IT by A VEST, LP) PAGE 6 OF 11 calmot with diligence be cured within such thirty (30) day period, if the defaulting party shall commence to cure the same within such thirty (30) day period and thereafter shall prosecute the curing of same with diligence and continuity, then the time allowed to cure such failure may be extended for such period as may be necessary to complete the curing of the same with diligence and continuity. 13.2 In the event the performance of any covenant to be performed hereunder by either "Owner" or "City" is delayed for causes which are beyond the reasonable control of the party responsible for such performance, which shall include, without limitation, acts of civil disobedience, strikes or similar causes, the time for such performance shall be extended by the amount of time of such delay. 14. SURETY OF PERFORMANCE: The "City" may also require surety bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under Meridian City Code SI2-5-3, to insure that installation of the improvements, which the "Owner" agrees to provide, if required by the "City". 15. CERTIFICATE OF OCCUPANCY: The "Owner" agrees that no Certificates of Occupancy will be issued until all improvements are completed, unless the "City" and "Owner" have entered into an addendum agreement stating when the improvements will be completed in a phased developed; and in any event, no Certificates of Occupancy shall be issued in any phase in which the improvements have not been installed, completed, and accepted by the "City", 16. ABIDE BY ALL CITY ORDINANCES: That "Owner" agrees to abide by all ordinances of the City of Meridian and the "Property" shall be subject to de- annexation if the owner or his assigns, heirs, or successors shall not meet the conditions contained in the Findings of Fact and Conclusions of Law, this Development Agreement, and the Ordinances of the City of Meridian. 17. NOTICES: Any notice desired by the parties and/or required by this Agreement shall be deemed delivered if and when personally delivered or three (3) days after deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: DEVELOPMENT AGREEMENT (AZ 04-033 STOR-IT by A VEST, LP) PAGE 7 OF 11 CITY: c/o City Engineer City of Meridian 33 E. Idaho Ave. OWNERlDEVELOPER: A vest, LP PO Box 140075 Boise, ID 83714 with copy to: City Clerk City of Meridian 33 E. Idaho Ave. Meridian, ID 83642 17.1 A party shall have the right to change its address by delivering to the other party a written notification thereof in accordance with the requirements of this section. 18. ATTORNEY FEES: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorney's fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 19. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of and a default under this Agreement by the other party so failing to perform. 20. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including "City's" corporate authorities and their successors in office. This Agreement shall be binding on the "Owner" of the "Property", each subsequent owner and any other person acquiring an interest in the "Property". Nothing herein shall in any way prevent sale or alienation of the "Property", or portions thereof, except that any sale or alienation shall be subject to the provisions hereof and any successor owner or owners shall be both benefited and bound by the conditions and restrictions herein expressed. "City" agrees, upon written request of "Owner", to execute appropriate and recordable evidence of termination oftrus Agreement if "City", in its sole and reasonable discretion, had determined that "Owner" has fully performed its obligations under this Agreement. DEVELOPMENT AGREEMENT (AZ 04-033 STOR-IT by A VEST, LP) PAGE 8 OF II 21. INVALID PROVISION: If any provision of this Agreement is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this Agreement and the invalidity thereof shall not affect any of the other provisions contained herein. 22. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements, condition and understandings between "Owner" and "City" relative to the subject matter hereof, and there are no promises, agreements, conditions or understanding, either oral or written, express or implied, between "Owner" and "City", other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to "City", to a duly adopted ordinance or resolution of "City". 22.1 No condition governing the uses and/or conditions governing re-zoning of the subject "Property" herein provided for can be modified or amended without the approval of the City Council after the "City" has conducted public hearing(s) in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. 23. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in connection with the annexation and zoning of the "Property" and execution of the Mayor and City Clerk. ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. OWNER /DEVELOPER: 110-114 11.(f----/ A VEST, LP DEVELOPMENT AGREEMENT (AZ 04-033 STOR-IT by A VEST, LP) PAGE 9 OF 11 CITY OF MERIDIAN STATE OF IDAHO, : ss: County of Ada, On this r3f~ day of JZ; / If , 2005, before me, the undersigned, a Notary Public in and for said State, personally appeared k q +~ I It e..i'\ LV t!.-b e v- known or identified to me to be the yY\i-lIltlSJJ1 j 'Par'Thpr of Avest, LP, the corporation that executed this agreement and the person who executed the agreement on behalf of said corporation, and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. (SEAL) ;"lII1t1GGaOOllOOb(): ~~ ~\O CAl.-l "q..~ ~.J '-'~~<>9\ 1:<. '~OTA. ~y. \~\ * <:IO~- g '* ~ \ PUBL'C l i "Ji cP. .0 0 ~ ~:!},1-. ...000 ~"'f ............ ~I: l! OF \\) ............ ."....,"",11 Q~~ Notary Public for Idaho Residing at: (Y)eJ")/tU\ --r:;J My Commission Expires: /-- 27- 2.co 7 DEVELOPMENT AGREEMENT (AZ 04-033 STOR-IT by A VEST, LP) PAGE 10 OF 1l STATE OF IDAHO : S8 County of Ada ) On this ;20...p-- day of 0Vv~t ' 200~for~~ a Notary Public, personally appeared ~ap1EfX de Weerd and w:.illiam-6:-B~., KEotv' or identified to me to be the Mayor and1{Cferk, respectively, of the City of Meridian, who executed the instrument or the person that executed the instrument of behalf of said City, and acknowledged to me that such City executed the same. (SEAL) ",,,,,,,,,,,,,,,,~;' ~~I;III1I1I1I1""" :0....... 'f'~\.............~.t~~ l....,l...~OTAJ?~....~ \ i * \ -.- c 1 * ~ \.. <..{ "~,,~: {j B \. '\ .../" l \,:"'11' ......n.... ~~ ",,~ ~~"".(J(J~.~ .:. :.~"''''..'''''' N9 ary P blic for Idaho Residi at: Mer I J : (I..'" ~~ C~ssion expires: () 'I /~oi() . I r .~ DEVELOPMENT AGREEMENT (AZ 04-033 STOR-IT by A VEST, LP) PAGE II OF 1 ] EXH1[]IUT A Stor-it AZ-04-033 Legal Description November 9, 2004 Page! of2 EXInBlT "'A" ANNEXATION PROPERlY BOUNDAR\' A !net ofland being all ofPa~1 A as shown on Record ofSw:vey No. 5576 Instrument No. 1011011209, said parcel being described in Warranty Deed Instrument No. 101 I 1 5511, Ada ConJlty RecOrds, together with a portion orme Union Pacific Railroad Ri.ght-of.. Way, all heing situated in the SE y, of Section 10, Township 3 North, Range I We~t> Boise Meridian, Ada County, Idaho, :mid tnIct being more particularly described as follows: Commencing lit the SoulhelL'll corne: of said Section 10; thence along the East line of snid Seclion, being the centerline ofTen Mile Road, North 00"21'06" EasII096,&3 feet to a S/8" rebar and cap marking lhe southeast COmer of said Parcel "A" said point being the POINT OF BEGINNING; thence leaving said East line along the South line 0 f sllid Parcel 'W' North 8i1~S 1'50" WeS1154S.36 feel; thence leaving said Soutb line ~ol1h 01~08'10" East 450.00 fe<!:1 to a point on the South line of the Union Pacific Railroad Rigld- of. Way; thence . North 01.08' 10" East 100.00 fect, 10 the North lille of said Right-of-Way, thence along said North line South IIfl~SI'50" EasL 1537.60 feet 10 lhe811id Enst line Ofllllid Section 10, thencc'along said East line South 00"27'06" Wes1200.0110 11 point on the said South line of the Union Pacific Railroad Right- of.Way, thence continuing along said East line South 00"27'06" West 450.03 feet to the POINT OF BEGINNING. Sllid lrllct contains 23.00 acrCll, more or lilliS, being 15.94 acres of said Parcel A and 7.()6 acres of :iIIid Union Flldlic Railroad Right-of-Way. MERlOIAN PUSUC WOR~S 0E'f'T. Relllli, AbPROV,L. 1..-- ' ~.)I NOV 2 ~ 2lJ01i Exh~6-t \13 I CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the Matter of a request to Annex and Zone 15.94 acres from RUT/C2 to C-G (General Retail and Service Commercial), by Avest LP. Case No(s): AZ-04-033 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 weeks prior to the City Council public hearing, the first publication appearing and written notice mailed to property owners or purchasers of record within three hundred feet (300') of the external boundaries ofthe property. The notice of public hearing before the City Council was posted upon the property under consideration more than one week before said hearing. All other noticing was done consistent with Idaho Code ~67- 6509. The matter was duly considered by the City Council at the March 15, 2005, public hearing(s). The applicant, affected property owners, and govemment subdivisions providing services within the plaming jurisdiction of the City of Melidian 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 Plaming and Zoning Commission conducted a public hearing and issued a written recommendation on the subject matter to the City Council. d. The City Council heard and took oral and written testimony and duly considered the evidence and the record in this matter. 2. Process Facts a. There has been compliance with all notice and hearing requirements set forth in Idaho Code ~67-6509, 6512, andMeridian 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. 3. Application and Property Facts CITY OF MERlDlAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-04-033 - PAGE I on a. In addition to the application and property facts noted in the staff report and the Planning & Zoning Recommendation for the subject application(s), it is hereby verified that the propeliy owner(s) of record at the time ofissual1ce of these findings are Avest Properties LP, Kathleen Weber - General Partner. 4. Required Findings per Zoning and Subdivision Ordinance a. See Exhibit C for the findings required for this application. B. Conclusions of Law 1. The City of Meridian shall exercise the powers confelTed upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (LC. ~67- 6503). 2. The Meridian City Council takes judicial notice of its Zoning, Subdivision and Development Ordinances codified at Titles 11 and 12, Meridian City Code, and all cun-ent zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002, Resolution No. 02-382 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code ~ 11-17-9. 4. Due consideration has been given to the comment(s) received fi-om the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning and Zoning Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Legal Descriptions in Exhibit A, and the Annexation and Zoning Comments in Exhibit B. 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 ~ 12-3-5 and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that 1. The Annexation and Zoning Comments are as shown in Exhibit B. D. Exhibits CITY OF MERIDIAN FINDrNGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-04-033 - PAGE 2 of3 Exhibit A: Legal Descriptions Exhibit B: Annexation and Zoning Comments Exhibit C: Zoning Amendment Findings By action of the City Council at its regular meeting held on the I '!?~ day of -111 # /l ("-f... ,2005. COUNCIL MEMBER SHAUN WARDLE COUNCIL MEMBER CHRISTINE DONNELL COUNCIL MEMBER CHARLIE ROUNTREE COUNCIL MEMBER KEITH BIRD MAYOR TAMMY de WEERD (TIE BREAKER) VOTED~ VOTED~ VOTED~ VOTED~ VOTED_ and City Attorney. Copy served upon Applicant, The Planning and Zoning Department, Public Works Department v ~ By: ./\f\ hJR ! J.J! V-- ~etty Clerk's Office Dated: B- \ X ,OS CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-04-033 - PAGE 3 of3 EXHIBIT A Stor~jt AZ~04-033 Legal Description 1\,.\ "Illh",r I), 2'-'1!-1 Page I of.2 EXHI BIT"' A" ANNEXATION PROPf:HTY BOUNDARY A tnl,'l of Llnd being all or Parcel A as shown 'm Record of SlIrYcy No 5576 InslrUlll('!l( No Hif I lIiilll'). s;'lJd parcel heing described in Wam.ltlty Deed Ins!rumenl No. f(J J ! 15511, Ada County R,~wrd$, {(Igelh~'r with It porl;on ot'the Union Pacrfie Railroad Right-u/~ Wav, all betng s!llIatcd ill the $E " orSI,"Ction 10, 'fo\\'nship J North, Range J West, BOise Meridian, Ada Coullly_ Idaho, said lrac! bdng more particularly described as foJlmvs Commencing nt the SoutheHS! <'orner of said Section 10; !hencc along the !'iUS! Ime of smd Section, heing the l.:cnterline ofTen Mile Road, North 00"'11'06" Ell$l 10%.SJ feel t~) a 5/8" rell,,!, and cap nmrkillg the southeast comer oi'said Parcel "A" said poillt l1~ing the POINT OF BEGINNINc;; Ihunet: leaving said East line along the South line of said Parcel "A" North 8ll"5 r '50" Wes! I 545.)() kef; thence Icnvil1g said South line N,)rth 01 "08' I(]" East 450.00 feet to II point on the South line of the {huon Paei/it Railnli1d Right- (1['.\\1:1)'; thellce North 0 I "OS' to" EasL 20fl.no fect, to the North line of said Rlghl'ol:Way, Ihl,)lICC ar()Ug ~aid NOJ1h lille South 88"51 '50" EftSl 15~ 7.()() feet to the said Ras! line of said Section I n, thence along sllid Eas1 line South O(l"2Tf.l6" West 20(1.1}1 tOll point on the said SO\JIIJ line of the Union Pllcitic Rui!road Right- Of-Way. thence continuing along said Easl Jillc South (10"27'06" West 4:50.0J feet to the POINT OF BEGINNrNG. Said :raCl cOnluins 2J.OO llcrc,s, more or less, heing /5.94 acres ofl/aid Parcel A aud 7.(J6 acrc.~ of said Union Pacific Railroad Right-of-Way )/1-..- ~le;~I(:'" tI PUEli.IC 'N'~!;;:lI.rS Ds:.pr - L~_..-... -________--._._ -L_"T -., _.___. __ ._,__--._ .~"~C~_~_~_____ JEXHIIUT B Sto.r-It AZ-04-033 Annexation and Zoning Comments ANNEXATION AND ZONING COMMENTS 1. The legal description submitted with the application meets the requirements of the City of Meridian and State Tax COlmnission and places the parcel contiguous to existing city limits. 2. The subject property is within the Urban Service Planning Area. Essential City services can be made available to the subject property. 3. All future development on said property shall comply with the City of Meridian ordinances in effect at the time of application. 4. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service, per City Ordinance Section 5-7-517, when services are available from the City of Meridian. Wells may be used for non- domestic purposes such as landscape inigation. 5. Prior to the annexation ordinance approval, a Development Agreement (DA) shall be entered into between the City of Meridian, property owner (at the time of annexation ordinance adoption), and the developer. The applicant shall contact the City Attorney, Bill Nary, at 888-4433 to initiate this process. The DA shall incorporate the following: iii Ten Mile road is within ACHD's Five Year Work Plan and right of way will be required to complete the goals as set forth by ACHD. Staff is recommending that the applicant dedicate the right of way as set forth by ACHD as a condition of the development agreement. iii Prior to issuance of any building penuit or Certificate of Zoning Compliance on the subject property, the site shall be reviewed for compliance with the Meridian City Code for landscaping, parking and setback requirements. iii Prior to issuance of any building permit or Certificate of Zoning Compliance on the subject property, the required right of way shall be dedicated to ACHD. iii The City of Meridian's Comprehensive Plan requires a multi-use pathway along Ten Mile Creek, provided at the owner's expense and in cooperation with the City of Meridian Park and Recreation. Therefore, the applicant shall construct a ten-foot multi-use pathway to Parks Department standards as set forth in the August 2003 Comprehensive Parks and Recreation System Plan, pgs. 3-2 and 3- 3, sections B & C. The applicant shall obtain an easement or agreement with the Nampa Meridian IlTigation District for the appropriate access requirements on the west side ofTen Mile Creek. MERIDIAN FIRE DEPARTMENT COMMENTS (AZ-04-03.J.} The Meridian Fire Depmiment provided agency comments on December 17, 2004. In }Jmucular, they noted the following specific conce111S: 2. Any roadway greater than 150' in length that is not provided with an outlet shall be required to have an approved turn around. 3. All entrance and internal roads shall have a turning radius of 28' inside and 48' outside. 4. Insure that all yet undeveloped parcels are maintained free of combustible vegetation. 5. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. 6. The roadways shall be built to Ada County Highway Standards and shall have a clear driving surface, available at all times, which is 20' wide. Streets with less than a 29' street width shall have no parking. Streets with less than 33' shall have parking only on one side. 8. Commercial and office occupancies will require a fire-flow consistent with the Uniform Fire Code to service the proposed project. Fire hydrants shall be placed an average of300' apart. 11. Provide a Knoxbox entry system for the complex. 12. All processes & storage practices shall be required to comply with the International Fire Code. SANITARY SERVICE COMPANY COMMENTS 1. Design the enclosure(s) per the standard recommendations of SSC for access, gates, floor/pad, container stops/bumpers, and dimensions. Coordinate the location and design with SSC. Approval of the trash enclosure design will be required prior to issuance of a Certificate of Zoning Compliance for the project. MERIDIAN PARKS DEPARTMENT COMMENTS 1. Pathway and Trail standards: The proposed pathway and/or trail shall meet the standards as set forth in the August 2003 Comprehensive Parks and Recreation System Plan, pgs. 3-2 and 3-3, sections B & c. 2. Standard for City to assume Maintenance of a section of Pathway: The pathway must connect from one major mierial to another, and either an easement or ownership deed must be granted before the city will assume the maintenance of any section of pathway. EXHIBIT C Stor-It -Avest, LP AZ-04-033 Zoning Amendment Findings ANNEXATION AND ZONING FINDINGS The legal description submitted with the application meets the requirements of the City of Meridian and State Tax Commission. The subject property is within the Urban Service Planning Area. Because there are existing commercial uses on this site, staff has combined the analysis of use with the annexation and zoning findings. According to Ordinance 11-15-11, General Standards Applicable to Zoning Amendments, both the P&Z Commission and Council are reqUired "to review the particular facts and circumstances of each proposed zoning amendment in terms of the following standards and shall find adequate evidence answering the following questions about the proposed zoning amendment. " The following is the list of standards found in 11-15-11 and analysis by staff A. Will the new zon4Ig be harmonious with and in accordance with the Comprehensive Plan and, if not, has there been an application for a Comprehensive Plan amendment; The 2002 Comprehensive Plan Future Land Use Map designates the subject property as "Mixed Use - Regional". In Chapter VII of the Comprehensive Plan, "Mixed Use - Regional" areas are anticipated to provide a higher density residential uses, greater than 200,000 sq ft non-residential building areas, limited Conditional Use permits. Uses may include major employers, entertainment, and clean industry. Staff finds that the requested C-G zoning generally conforms to this stated purpose and intent of the Mixed Use - Regional designation. The conceptual plan for the property does not propose a mix of uses. However, this is a relatively small property, and it may only be feasible to develop with a single use. Staff anticipates that the property immediately south of the subject property will be developed with a church; the Comprehensive Plan designates the property to the west as Multi-family residential. This would bring a mix of uses to the general area. Staff finds the follOWing Goals, Objectives, and Action items contained in the 2002 Comprehensive Plan to be applicable to this application (staff analysis is in italics below policy): o "Restrict curb cuts and access points on collectors and arterial streets." (Chapter VII, Goal IV, Objective D, Action item 2) One curb cut on Ten Mile Road exists and no new curb cutes are planned. III "Require appropliate landscape and buffers along transportation conidors (setback, vegetation, low walls, belms, etc.)." (Chapter VII, Goal IV, Objective D, Action item 4) The Applicant has not addressed landscaping adjacent to the existing uses that are to remain on-site. A CHD has stated that its fitture right of way acquisition width on Ten Mile Road will be 45.Jeet on each side of the centerline (90 feet total) for building setbacks and to include afi'ontage road. The general requirements of ACHD would not be in compliance with the existing use and would require compliance upon approval of a detailed site plan and/or subdivision and/or conditional use permit issuance. Staff finds that the existing building setbacks, landscaping, and the potential for right-oJ.way acquisition create a unique situationfor the site. In order to mitigate anticipated problems, staff recommends that the City enter into a development agreement with the Applicant. G "Permit new . . .commercial development only where urban services can be reasonably provided at the time of final approval and development is contiguous to the .City." (Chapter IV, Goal I, Objective A, Action item 6) The Meridian Fire Department comments are based on the conceptual site plan indicating a single use of indoor storage facilities. One of the comments receivedfrom the Fire Department states that the new bridge and potential for multiple buildings creates several items of concern. The Meridian Fire Department requires specific turning radiuses between buildings, two points of access, weight requirements for the bridge, and water flow to be established prior to issuance of any building permit or certificate of zoning compliance. Public Works will submit a separate memo related to this finding di$.cussing the availability of sanitmy sewer and water systems. e "Locate new community commercial areas on arterials or collectors near residential areas in such a way as to complement with adjoining residential areas." (Chapter VII, Goal I, Objective B, Action item 5) The subject property has frontage on a designated collector Ten Mile Road. The existing uses adjacent to this site have not yet developed to the expected residential densities or Commercial uses anticipated in the Comprehensive Plan. The existing area will be complemented by the uses of a Church to the south of the property and vmying residential densities in the immediate vicinity to the north and west of the site. The comprehensive plan designation to the west of the site is high density residential and medium density residential to the north of the site. The applicant has indicated a working relationship with the property owner to provide storage for a proposed apartment complex and to have a secondmy access to the west to provide for thru flow of emergency vehicular trciffic. The anticipated residential densities for the general vicinity would be expected to utilize the storage facilities and other mixed commercial uses within the similar comprehensive plan deSignation. · "Plan for a variety of commercial and retail oPportunities within the Impact Area." (Chapter VII, Goal I, Objective B) The proposed and existing indoor storage facilities are the only storage facilities in the general vicinity. It is expected that a variety of commercial and reSidential uses would utilize the site with a mix of injill commercial sites and a vmying of densities in the reSidential developments. · "Require all commercial businesses to install and maintain landscaping." (Chapter V, Goal III, Objective D, Action item 5) The Applicant has not addressed the requirement to install landscaping adjacent to the existing indoor storage facilities. Prior to issuance of any building permit or certificate of zoning compliance the applicant shall provide a landscape plan and install the required landscaping in conformance with MCC Title 12 Chapter 13. · "Multi-use off street pathways are to be located along, natural drains/creeks and canals... the UPRR railroad corridor." (Chapter VI, Figure VI-3) Figure VI-3 on page 55 of the Comprehensive Plan designates a multi-use pathway on Ten Mile Creek which bisects the site. The Applicant has not addressed the issues of a pathway on the site, however as reSidential developments to the north of the site will be extending the pathway on the North side of the UPRR. Right of way the pathway will be required to connect through the site on the west side of Ten Mile Creek according to the design standards for pathways as listed in the City of Meridian Comprehensive Parks and Recreation System Plan. G "2. Identify feasible interconnected greenbelt areas along waterways. 4. Develop and maintain greenbelt areas along waterways 11. To improve and protect creeks (Ten mile) throughout commercial, industrial, and residential areas." (Chapter V A.1 D) The participation in the multi use pathway shall satisfy the goals and policies of the Meridian Comprehensive Plan improving the waterway and providing the required interconnectivity to the multiuse pathway system. o "Consider "Accommodating Bicycle and Pedestrian Travel: A Recommended Approach" fi.-om the National Center for Bicycling and Walking in all land use decisions." (Chapter VI, Goal II, Objective A, Action item 3) This publication encourages jurisdictions to establish bikeway and walkway facilities in new construction and reconstruction projects, in a manner that is scife, accessible and convenient. The detailed site plan must address these issues. B. Is the area included in the zoning amendment intended to be rezoned in the future; Staff does not anticipate that the Applicant intends to rezone the subject property in the future. C. Is the area included in the zoning amendment intended to be developed in the fashion that would be allowed under the new zoning _ for example, a residential area turning into commercial area by means of conditional use permits; Inside Storage Facilitates are principally pennitted uses in the C-G zone. Residential uses are prohibited in the C-G zone. The existing business would be principally allowed in a C-G zone. The purpose of the C-G District is to provide for conunercial uses, which are customarily operated entirely or almost entirely within a building (MCC 11-7-2.K). Staff finds that the proposed uses would confonn to the proposed zoning. 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; Chesterfield Subdivision has recently been annexed and developed with residential uses immediately north of the site. There are several commercial and high density residential developments in the area that would complement the site. The Commission and Council should rely on the preceding facts and any public testimony to determine whether the changes in the area dictate that this area should be annexed into the City and zoned C-G at this time. 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 win not change the essential character of th.e same area; Staff finds that the proposed C-G zone with the proposed retail uses if designed, constructed and operated in accordance with adopted city ordinances, should be hannonious and appropriate in appearance with the intended character of the vicinity. The site is intended to be used for cOl1U11ercial uses which, based 011 the Comprehensive Plan description, will have such uses as retail, wholesale, service and office uses, multi-family residential, as well as appropriate public uses such as govenUllent offices. The existing uses do 110t conform to the harmonious and appropriate appearance of the existing general vicinity and would be required upon redevelopment to conform to these goals and policies. F. Will the proposed uses not be hazardous or disturbing to existing or future neighboring uses; The existing uses on the site are hazardous to neighboring uses. Accessory to the existing businesses, there are chemicals, gasoline, and assorted automobile wastes stored on this site. Appropriate buffers should be required on the north and east boundaries of this development, as the abutting uses are less-intense than the proposed and existing uses (see MCC 12-13-12-4). The Commission and Council should rely on public testimony to detennine whether the proposed uses will be disturbing or hazardous to the neighboring uses. G. Will the area be served adequately by essential public facilities and services such as highways, 'streets, police and fire protection, drainage structures, refuse disposal, water, sewer or that the person responsible for the establishment of proposed zoning amendment shall be able to provide adequately any of such services; Staff finds that the proposed roadway improvements to Ten Mile Road should be acknowledged with the detailed site plan for the project. In the short term the existing access and frontage are satisfactory for the site. This site has over 500 feet of frontage on Ten Mile Road. Based on future development applications staff is conditioning that the Applicant enter into a development agreement with the City to require improvements (landscaping, sidewalk, multi-use pathway, road widening, turn-lane, etc.) to Ten Mile Road, subject to ACHD requirements, with site-specific standards conditions to be met in accordance with approval of the subject development. On December 17, 2004, a joint agency/department comments meeting was held with representatives of key service providers to this property. The Meridian Fire Department has concerns with serviceability of this site, as it contains several required turns around buildings to meet standards for service. Because the applicant has not identified all future buildings within this development, such buildings will be subject to further review and comments by Meridian Fire Department. The Commission and Council should reference any written or verbal testimony submitted by the Meridian Police DepaIiment, and any other agency not listed above, regarding their ability to adequately service this project. Staff finds that the property proposed for aI1l1exation can be served adequately by all essential public facilities and services as conditioned. 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 this annexation/development is approved, the developer will be financing the extension of sewer, water, local/internal street infrastructure, utilities and irrigation services to serve the project. The primary public costs to serve the future site will be fire and police services. Staff finds that this development will not cause excessive additional requirements at public cost. I. Will the proposed uses not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property OJ' the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; Staff finds that the indoor storage facilities involve activities, processes, materials, equipment or conditions that could produce excessive traffic, noise, fumes and/or odors, as well as other negative public impacts. A key auestion that should be discussed at the public hearin!l is whether the imoacts will be "excessive." MCC 11-12-2 and 11-12-3 are intended to mitigate impacts of special uses such as fire hazards, bulk storage, noises. Staff does not anticipate the impacts of the site to exceed the standards as set forth by MCC 11-12-2 and 11-12-3 based on current operating conditions. 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; Stafffinds that any future uses.!1illY impact the level and flow of traffic on the surrounding roadways. The site has one access point to Ten Mile Road and future development should be designed as to provide contiguous traffic flow to adjoining properties. K. Will not result in the destruction, loss or damage of a natural or scenic feature of major importance; and Staff finds that the Ten Mile Creek is a significant natural feature that should be protected through standard st0l111water and mn-off management practices. Staff is not aware of any other natural, scenic or historical feature(s) of major importance in the area that may be affected by the proposed development. Staff finds the Commission and Council should rely on any public testimony that may be presented to detennine whether the proposed use may cause health, safety or environmental problems of which staff is unaware. L. Is the proposed zoning amendment in the best interest of the City of Meridian. (Ord. 592, 11-17-1992)" Staff finds that the annexation and zoning of this property as mitigated through a development agreement may be in the best interest of the City for the following reasons: I!l municipal sanitary sewer and water systems are readily available to provide service; II the proposed use may involve activities, processes, materials, equipment and/or conditions that will produce additional traffic, noise, fumes and/or odors, as well as other negative public impacts that can be mitigated through development of the site; · the existing uses that are to remain, SigIlage, landscaping, public infYastmcture (sidewalk, bike lanes), screening, drive-aisles, or parking, are to be brought into compliance with current City Code upon development of the site; For the reasons listed in the findings above, City Council finds that the annexing and zonin 0 this 1'0 er would be in the best interest 0 the Ci . July 22,2005 MERIDIAN CITY COUNCIL MEETING APPLICANT Joint School District No.2 AZ 05-008 July 26, 2005 ITEM NO. 5~Z REQUEST Development Agreement - Request for Annexation and Zoning of 41.27 acres from RUT to R-4 for a new middle school for McMillan and Meridian Middle School - northeast comer of McMillan and Meridian Road AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT; CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: 5rA.. ,-rJ: ~~ Date:l! J.<q(O'; Phone: '73c.;S - (;{, i7 Emailed: S4-l.~Sc)JJfCL (...c:.-4-Rs:.-.J..{ . c.c~ Staff Initials: t:J{? COMMENTS See attached Development Agreement ~7 Materials presented at public meetings shall become property of the City of Meridian. JOINT SCHOOL DISTRICT NO.2 Ada and Canyon Counties 911 Meridian Road Meridian, Idaho 83642 Phone (208) 855-4500 Fax (208) 888-6700 JUL 2 0 2005 CITY OF MERIDIAN CITY CLERK OFFICE Date: July 20, 2005 Transmittal To: Will Berg City Of Meridian From; Wendel Bigham d!6' RE: Development Agreement, AZ 05-008, McMillan and Meridian Road For your use: Please find attached one original Owner executed development agreement for the referenced project. Upon execution and acceptance by City please forward a copy for our files. ADA COUNTY RECORDER J. DAVID NAVARRO BOISE IDAHO 07129105 04:23 PM ~~~~J~E~~n~~~~~~~~~g 11//11111 III/I 1/11 I /11111111111111111 Meridian City 105104707 AMOUNT .00 22 DEVELOPMENT AGREEMENT PARTIES: 1. 2. City of Meridian Joint School District No.2, Owner THIS DEVELOPMENT AGREEMENT (this "Agreement"), is made and entered into this ItiJf5,. day of J~ ,2005, by and between City of Meridian, a municipal corporation of the State of aho, hereafter called "CITY', and Joint School District No.2, hereinafter called "O\VNER". 1. RECITALS: 1.1 WHEREAS, "OWNER" is the sole owner, in law and/or equity, of certain tract ofland in the County of Ada, State ofIdaho, described in Exhibit A for each owner, which is attached hereto and by this reference incorporated herein as if set forth in full, herein after referred to as the "Property"; and 1.2 WHEREAS, I.C. S 67-6511A, Idaho Code, provides that cities may, by ordinance, require or permit as a condition of re-zoning that the "Owner" make a written commitment concerning the use or development of the subject "Property"; and 1.3 WHEREAS, "City" has exercised its statutory authority by the enactment of Ordinance 11-15-12 and 11-16-4 A, which authorizes development agreements upon the annexation and/or re-zoning of land; and 1.4 WHEREAS, "Owner" has submitted an application for annexation and zoning of the "Property's" described in Exhibit A, and has requested a designation of (R-4) Medium Density, (Municipal Code ofthe City of Meridian); and 1.5 WHEREAS, "Owner" made representations at the public hearings both before the Meridian Planning & Zoning Commission and before the Meridian City Council, as to how the subject "Property" will be developed and what improvements will be made; and 1.6 WHEREAS, record ofthe proceedings for the requested annexation and zoning designation of the subject "Property" held before the DEVELOPMENT AGREEMENT (AZ 05-008 - McMILLAN AND MERIDIAN MIDDLE SCHOOL) PAGE 1 OF 10 Planning & Zoning Commission, and subsequently before the City Council, include responses of government subdivisions providing services within the City of Meridian planning jurisdiction, and received further testimony and comment; and 1.7 WHEREAS, City Council, the 3rd day of May, 2005, has approved certain Findings of Fact and Conclusions of Law and Decision and Order, set forth in Exhibit B, which are attached hereto and by this reference incorporated herein as if set forth in full, hereinafter referred to as (the "Findings"); and 1.8 WHEREAS, the Findings require the "Owner/Developer" to enter . into a development agreement before the City Council takes final action on annexation and zoning designation; and 1.9 "OWNER" deems it to be in its best interest to be able to enter into this Agreement and acknowledges that this Agreement was entered into voluntarily and at its urging and requests; and 1.10 WHEREAS, "City" requires the "Owner/Developer" to enter into a development agreement for the purpose of ensuring that the "Property" is developed and the subsequent use of the "Property" is in accordance with the terms and conditions of this development agreement, herein being established as a result of evidence received by the "City" in the proceedings for zoning designation from government subdivisions providing services within the planning jurisdiction and from affected property owners and to ensure re- zoning designation . is' .in accordance with the amended Comprehensive Plan of the City ofMtiridian adopted August 6,2002, Resolution No. 02-382, and the Zoning and Development Ordinances codified in Meridian City Code Title 11 and Title 12. NOW, THEREFORE, in consideration ofthe covenants and sonditioi1:s set forth herein, the parties agree as follows: 2. INCORPORATION OF RECITALS: That the above recitals are contractual and binding and are incorporated herein as if set forth in full. DEVELOPMENT AGREEMENT (AZ 05-008 - McMILLAN AND MERIDIAN MIDDLE SCHOOL) PAGE 2 OF 10 3. DEFINITIONS: For all purposes of this Agreement the following words, terms, and phrases herein contained in this section shall be defined and interpreted as herein provided for, unless the clear context of the presentation of the same requires otherwise: 3.1 "CITY": means and refers to the City of Meridian, a party to this Agreement, which is a municipal Corporation and govermnent subdivision ofthe state ofIdaho, organized and existing by virtue of law of the State of Idaho, whose address is 33 East Idaho Avenue, Meridian, Idaho 83642. 3.2 "OWNER": means and refers to Joint School District No.2, whose address is 911 Meridian Road. Meridian, Idaho 83642, the party . developing said "Property" and shall include any subsequent owner(s)/developer(s) ofthe "Property", 3.3 "PROPERTY": means and refers to that certain parcel(s) of "Property" located in the County of Ada, City of Meridian as described in Exhibit A describing the parcels to be annexed and zoned R-4 (Medium Density) attached hereto and by this reference incorporated herein as if set forth at length. 4. USES PERMITTED BY THIS AGREEMENT: 4.1 The uses allowed pursuant to this Agreement are only those uses allowed under "City's" Zoning Ordinance codified at Meridian City Code Section 11-7-2 (C) which are herein specified as follows: Construction and development of either a conditional use permit or a planned development application.shall be submitted to the City of Meridian prior to a future development in the R-4 zone, and the pertinent provisions o/the City of Meridian ComprehelJsive "lan are applicable to this AZ 05-008 application. . 4.2 No change in the uses specified in this Agreement shah be allowed without modification ofthis Agreement. 5. DEVELOPMENT IN CONDITIONAL USE: "Owner/Developer" has submitted to "City" an application for conditional use permit site plan dated February 18, 2005. and shall be required to obtain the "City'" approval thereof, in accordance to the City's Zoning and Development Ordinance criteria, therein, provided, prior to, and as a condition DEVELOPMENT AGREEMENT (AZ 05-008 - McMILLAN AND MERIDIAN MIDDLE SCHOOL) PAGE 3 OF 10 of, the commencement of construction of any buildings or improvements on the "Property" that require a conditional use permit. 6. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 6.1. "OwnerlDeveloper" shall develop the "Property" in accordance with the following special conditions: 1. Owner will construct a ten foot (10') multi-use pathway in lieu of a five foot (5') sidewalk along McMillan Road through the project. 2. Joint School District #2, the City of Meridian, and ACHD will come together before final platting prior to completion of this school to discuss the issue of pedestrian and child safety in this area. 7. COMPLIANCE PERIOD/CONSENT TO REZONE: This Agreement and the commitments contained herein shall be terminated, and the zoning designation reversed, upon a default of the "Owner" or "Owners" heirs, successors, assigns, to comply with Section 6 entitled "Conditions Governing Development of Subject Property" of this agreement within two years of the date this Agreement is effective, and after the "City" has complied with the notice and hearing procedures as outlined in Idaho Code ~ 67-6509, or any subsequent amendments or recodifications thereof. 8. CONSENT TO DE-ANNEXATION AND REVERSAL OF ZONING DESIGNATION: "OwnerlDeveloper" consents. upon default to the reversal of the zoning designation of the "Property" subject to and conditioned upon the following conditions precedent to-wit: 8.1 That the "City" provide written notice of any failure to cOQ'lply ~ith this Agreement to "Owner" and if the "Owner" fails.to cure 'such failure within six (6) months of such notice, 9. INSPECTION: "OwnerlDeveloper" shall, immediately upon completion of any portion or the entirety of said development of the "Property" as required by this agreement or by City ordinance or policy, notify the City Engineer and request the City Engineer's inspections and written approval of such completed improvements or portion DEVELOPMENT AGREEMENT (AZ 05-008 - McMILLAN AND MERIDIAN MIDDLE SCHOOL) PAGE 4 OF 10 thereofin accordance with the terms and conditions ofthis Development Agreement and all other ordinances of the "City" that apply to said Development. 10. DEFAULT: 10.1 In the event "Owner/Developer", "Owner/Developer's" heirs, successors, assigns, or subsequent owners of the "Property" or any other person acquiring an interest in the "Property", fail to faithfully comply with all of the terms and conditions included in this Agreement in connection with the "Property", this Agreement maybe modified or terminated by the "City" upon compliance with the . requirements of the Zoning Ordinance. 1 0.2 A waiver by "City" of any default by "Owner" of anyone or more of the covenants or conditions hereof shall apply solely to the breach and breaches waived and shall not bar any other rights or remedies of "City" or apply to any subsequent breach of any such or other covenants and conditions. 11. REQUIREMENT FOR RECORDATION: "City" shall record either a memorandum of this Agreement or this Agreement, including all of the Exhibits, at "Owner's" cost, and submit proof of such recording to "Owner", prior to the third reading of the Meridian Zoning Ordinance in connection with the re-zoning of the "Property" by the City Council. If for any reason after such recordation, the City Council fails to adopt the ordinance in cOlll1ection with the annexation and zoning of the "Property" contemplated hereby, the "City" shall execute and record an appropriate instrument of release of this Agreement. 12. ZONING: "City" shall, following recordation of the duly approved Agreement, enact a valid and binding ordinance zoning the "Property" as specified herein. 13. REMEDIES: This Agreement shall be enforceable in ~y court of 90mpetent jurisdiction by either "City" or "Owner", or by any successor or successors iu~itle Qr by the assigns ofthe parties hereto. Enforcement may be sought by an appropriate action at law or in equity to secure the specific performance of the covenants, agreements, conditions, and obligations contained herein. 13.1 In the event of a material breach oftrus Agreement, the parties agree that "City" and "Owner" shall have thirty (30) days after delivery of notice of said breach to correct the same prior to the non-breaching DEVELOPMENT AGREEMENT (AZ 05.008 - McMILLAN AND MERlDIAN MIDDLE SCHOOL) PAGE 5 OF 10 party's seeking of any remedy provided for herein; provided, however, that in the case of any such default which cannot with diligence be cured within such thirty (30) day period, ifthe defaulting party shall commence to cure the same within such thirty (30) day period and thereafter shall prosecute the curing of same with diligence and continuity, then the time allowed to cure such failure may be extended for such period as may be necessary to complete the curing of the same with diligence and continuity. 13.2 In the event the performance of any covenant to be performed hereunder by either "Owner" or "City" is delayed for causes which are, beyond the reasonable control of the party responsible for such 'performance, which shall include, without limitation, acts of civil disobedience, strikes or similar causes, the time for such performance shall be extended by the amount of time of such delay. 14. SURETY OF PERFORMANCE: The "City" may also require surety bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under Meridian City Code S 12-5-3, to insure that installation of the improvements, which the "Owner" agrees to provide, if required by the "City", 15. CERTIFICATE OF OCCUPANCY: The "Owner" agrees that no Certificates of Occupancy will be issued until all improvements are completed, unless the "City" and "Owner" have entered into an addendum agreement stating when the improvements will be completed in a phased developed; and in any event, no Certificates of Occupancy shall be issued in any phase in which the improvements have not been installed, completed, and accepted by the "City". 16. ABIDE BY ALL CITY ORDINANCES: That "Owner" agrees to abide by all ordinances ofthe City of Meridian and the "Property" shall be subject to de-annexation if the owner or his assigns, heirs, or successors shall not meet the conditions contajned il,1 the Findings of Fact and Conclusions of Law, this Development Agreemeq.t, and the Qrdinances of the City of Meridian. - 17. NOTICES: Any notice desired by the parties and/or required by this Agreement shall be deemed delivered if and when personally delivered or three (3) days after deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: DEVELOPMENT AGREEMENT (AZ 05-008 - McMILLAN AND MERIDIAN MIDDLE SCHOOL) PAGE 6 OF 10 CITY: OWNER/DEVELOPER: clo City Engineer City of Meridian 33 E. Idaho Ave. Meridian, ill 83642 Joint School District No.2 911 Meridian Road Meridian, ill 83642 with copy to: City Clerk City of Meridian 33 E. Idaho Avenue Meridian, II) 83642 . 17.1 A party shall have the right to change its address by delivering to the other party a written notification thereof in accordance with the requirements of this section. 18. ATTORNEY FEES: Should any litigation be commenced between the parties hereto concerningthis Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorney's fees as detennined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 19. TIME IS OF THE ESSENCE: The parties hereto aclmowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any ofthe obligations hereunder shall constitute a breach of and a default under this Agreement by the other party so failing to perfonn. 20. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and p.ets.onal representatives, including "City's" corporate authorities and their successors in office. This Agreement shall be binding on the "Owner" of the "Property", each subsequent owner and any other person acquiring an interest in the "Property". Nothing herein shall in any way prevent sale or alienation of the "Property", or portions thereof, except that any sale or alienation shall be subject to the provisions hereof and any successor owner or owners shall be both benefited and bound by the conditions and restrictions herein expressed. "City" agrees, upon written request of "Owner", to execute appropriate and recordable evidence of DEVELOPMENT AGREEMENT (AZ 05-008 - McMILLAN AND MERIDIAN MIDDLE SCHOOL) PAGE 7 OF 10 termination of this Agreement if"City", in its sole and reasonable discretion, had detennined that "Owner" has fully performed its obligations under this Agreement. 21. INVALID PROVISION: If any provision of this Agreement is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this Agreement and the invalidity thereof shall not affect any of the other provisions contained herein. 22. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements, condition and understandings between "Owner" and "City" relative to the subject matter hereof, and there are no promises, agreements, conditions or understanding, either 9ral or written, express or implied, between "Owner" and "City", other than as are stated herein. Except as herein othenvise provided, no subsequent alteration, amendment, yhqnge or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to "City", to a duly adopted ordinance or resolution of "City". 22.1 No condition governing the uses and/or conditions governing re-zoning ofthe subject "Property" herein provided for can be modified or amended without the approval of the City Council after the "City" has conducted public hearing(s) in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. 23. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in connection with the annexation and zoning of the "Property" and execution of the Mayor and City Clerk. ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. . . OWNER !DEVELOPER: cI()v. JOINT SCHOOL DISrnCT NO.2 DEVELOPMENT AGREEMENT (AZ 05-008 - McMILLAN AND MERIDIAN MIDDLE SCHOOL) PAGE 8 OF 10 CITY OF MERIDIAN DEVELOPMENT AGREEMENT (AZ 05-008 - McMILLAN AND MERIDIAN MIDDLE SCHOOL) PAGE 9 OF 10 STATE OF IDAHO, : ss: County of Ada, On this /q.$ day of J~ ,2005, before me, the undersigned, a Notary Public in and for said State, perso ally appeared Li ndo... <Uo..rk.. , known or identified to me to be the 6lAf>e.riVt-t~ of Joint School District No.2, the corporation that executed this agreement and the person who executed the agreement on behalf of said corporation, and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year In this certificate first above written. """t IIn....."", ....".. C-\~ A. DlJ: "01', ...... ~ ............. ~~ , (SfW,/~OTAk~..\~\ i * I _e_ J * E -; '\0. /)UB\..'C 0.. i .,. foP · OOAO- .:r 0:."''' ~ ~......... ~,y ...... "",,/ 'Ii OF \\> ,,,,,,,, 'I"U.."II" STATE OF IDAHO : ss County of Ada (J~ a,~ Notary Public for Id~o JU. Residing a~: ~ .IN ~.1 tiAL,; ~ My CommIssIOn ExpIres: '3~7..q~ /JG On this .2,f'L.. dayof 0.~ ~ .2005, before me, aNotary Public, personally appeared Tammy de Weerd and illiam G. Berg, Jr., know or identified to me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the instrument or the person that executed the instrument of behalf of said City, and . acknowledged to me that such City executed the same. . . ~",,""'~~..~.";....,~., . Adu~ ~.. ......~.:\o..........'4:r./'~ ~# ' . .: ....v.o 00 .,.~ 0:- (SEAL) ! l ~OT Al(r 0\ \ i * \ p -.- c J * i \ cP;-. \... CTB L \..o.o~ i 0 '1,1-2)10'7 ~""~!.';.~.;.i~ ~~..i. DEVELOPMENT AG~i3.~f'(AZ 05-008 - McMILLAN AND MERIDIAN MIDDLE SCHOOL) PAGE 10 OF 10 EXHIBIT A Middle School AZ.05-008 Legal Description ....,.".,"'""'-~~ IDAHO SURVEY GROUP 11$0 E~.t Waler"'w~I' s~ Suic~ ISO M~;-ldl.n.ldllto 81642 Phone (20B} 8-16-8570 F'lX.(208) 8ll-4.SJ'19 Project No. 03148 MERIDIAN CITY ANNEXATION DESCRIPTION Jolot Sehool Dislriet No.2 T(1<,' Soulh 1025.00 feet of Government Lo14 and the South 1025.00 feel orlhc West Y, ofth~ East 1--:; oCtne Southwest ~~ of Section 30. TAN" R.IE., B,M., Ada County, Idaho, more particularly described as follows: BEGINNING III lilc cornor to IIcctiol1S 25 und 36 ofY.4N.. Itl W., amI Section 31 and the said Section 3D, fann which the !I.l cotner common ~o said Sections 25 and 30 ~rs North 00"23 'Ou" &1st, 2640.13 feel; Thence North 00023'00" Bast, 1025.00 feel; thence SOllth 89"46'14') East, 1754.51 feel to II point on the East line oflhe West Y, oflhc Ballt Yz of the Southwest !I.l; thence alOllg said line South 00"29'24" West, 1025.01 feet to a poinl on the Soulh bouhdary of said Section 30; thence Norlh 119V46'14" Wm, 1752,60 feet 10 the Poinl ofBegilU1ing. COTltaining 41.26 acres, more or less. Sum!!C7 to rights.of-way tor McMillian Rond along the South houndnry and MeridillIl Road aJongthe West bouridiuy,lII1d all allier-easements ofrecard or usc. ~ ~ P. I;; ,..:. I ~~: ~~~f\{; , . , CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the Matter of a reqnest Annexation and Zoning from RUT (Ada County) to R-4 (Low Density Residential) for a new Middle School, by Joint School District No.2. Case No(s): RZ- 05-008 For the City Council Hearing Date of: May 3, 2005 A. Findings of Fact 1. Hearing Facts a. A notice of a public hearing was published for two (2) consecutive weeks prior to the City Council public hearing, the first publication appearing and written notice mailed to property owners or purchasers of record within three hundred feet (3 OO~) of the external boundaries of the pr~perty. The notice of public hearing before the City Council was posted upon the property under consideration more than one week "before said hearing. All other noticing was done consistent with Idaho Code 967- 6509. " The matter was duly considered by the City Council at the May 3,2005, public hearing(s). The applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction of the City of Meridian were given full opportunity to express comments and submit evidence. b. Written and oral testimony was received on this matter, as reflected in the records of the City Clerk (for written testimony) and in the official meeting minutes (for oral testimony). c. The Planning and Zoning Commission conducted a public hearing and issued a written recommendation on the subject matter to the City Council. d. The City Council heard and took oral and written testimony and duly considered the evidence and the record in this matter. 2. Process Facts a. There has been compliance with all notice and hearing reqUirements set forth in Idaho Code ~67-6S09, 6512, and Meridian City Code gg 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 staffreport. 3. Application and Property Facts a. In addition to the application and property facts noted in the staff report and the Planning & Zoning Recommendation for the subject application(s), it is hereby CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NOeS). RZ-05-008 - PAGE ] of 4 verified that the property owner(s) of record at the time of issuance of these findings is Joint School District No.2. 4. Required Findings per Zoning and Subdivision Ordinance a, See Exhibit D for the findings required for this application. B. Conclusions of Law L The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975;' codified at Chapter 65, Title 67~ Idaho Code (I.e. *67- 6503). 2. The Meridian City Council takes judicial notice of its Zoning, Subdivision and Development Ordinances codified at Titles 1] and 12, Meridian City Code, and all cunent zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted August 6,2002, Resolution No. 02-382 and Maps. 3. The conditions.shall be reviewable by the City Council pursuant to Meridian City Code ~ 11-17-9. , 4. ,Due consideration has been given to the comment(s) received. from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant) the Planning and Zoning 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 Site Plan dated 2/21/05 as shown in Exhibit B and the Sit~ Specific and Standard Comments in Exhibit C. The conditions are concluded to be reasonable and .the applicant shall meet such requirements as a condition of approval oillie application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code ~ .12-3-5 and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby . ordered that: L The Site Specific and Standard Comments are as shown in Exhibit C. E. Notice of Final Action and Right to Regulatory Takings Analysis. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NOeS). RZ-05-008 - PAGE 2 of 4 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory- takings analysis will toll the time period within which a Petiti0!"1 for Iudicial Review may be filed. F. Exhibits Exhibit A: Legal Description Exhibit B: Site Plan (2/21/05) Exhibit c: Site Specific Comments Exhibit D: Zoning Amendment Findings By action of the City CounciJ at its regular meeting held on the 3(0. ffifllj , 2005. day of COill{CIL MEMBER SHAUN WARDLE VOTED~ COUNCIL MEMBER CHRISTINE DONNELL VOTED~ COUNCIL MEMBER CHARLIE ROUNTREE VOTED~ COUNCIL MEMBER KEITH BIRD VOTED~ MA VOR TAMMY de WEERD (TIE BREAKER) VOTED-=- CITY OF MERIDIAN FINDlNGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). Rz..OS.008 . PAGE 3 of 4 Copy served upon Applicant, The Plamring and Zoning Department, Public Works Department and City Attorney. B y\.. 11111 01 A l.J\ a A,.,. City crerkl s Office Dated: S-\ 1J-or; CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). RZ-OS-008 - PAGE 4 of 4- EXHIBIT A Middle School AZ,05-008 Legal Description ~_h__'__"~_""_,,,,,,__, ._~_~_~___~~_____~_~""~"_."..~ I'".'~" , . ,,~' IDAHO SURVEY GROUP I'lSO Ea<t Wat& rL"w..,' s~ Suitt! ISo M&ridian. 1<101>0 !I3542 Phone (20B) S<l6-8570 1=;11}( (208) e84-5399 P~iOCl No. IHl48 MERlDIAN CITY ANNEXATION DESCRIPTiON . lolot Si:'hooJ District No.2 The Souln 1025.00 feel ofGo.vernmenl Lot 4 and tM South L02S.U() foot of the Wcst ~~ I,l r the E.1St Vi or the Southwest ~~ of Section 3U, TAN" R..IE.t RM., Ada COllllly, Iflaho. more particularly descrihed lIS fuHows: BEGINNING al the comer to seetioru; 25 and 36 of TAN., R.I W.. and Section 31 and the said Section 30, fonn which the Y.: comer common 10 said Sections 25 and 30 bears North 00023'00" Eas~ 2640.13 feel; 1 henee North 00023'00" East, l02S.0[) feer; thence South-89046'14" East. 1754.S1 f~t to a poiut oollie Easlline oflhe West h (lithe Bast V. of the Southwest !-:i; thence along said hnc South 00029'24" Wes!. 1025.01 fee! to a point on the South boundary of said See lion 30; thence North &9D46' 14" West. 1752.60 (eet to tho Point ofBegilllling. Conlaining 41 ,26 acres, more o.-less. SUBJECT to ri!Jbts-of-way for McMillian Road along the- South bOUlldllry and Meridian Road ,along the West~undary. and all olher easemenl/J of record 0.- use. Prepared by: lDAHO S G~L :' ;': ( 4 4 3 1 i \ \1)..2-0-~ \:~ ;;;~ ~ ~...... "I D. Terry Pcush, PLS ~~'!Y:?PTL-'" I. ~.-:: '.! I... . L ; . ~r~ ~~~ftt- r'---.--. -=- tW:; ME~IDIAN RD -;:: ~ OJ (j; R, 1 W N 00'2300 E 2616.]]' .f.>. U1 ~ !fl R'lE'-N-m;~oO:-'E-102-5~~~Ul !d:~ : ;:'I? ~ J I ~~ I ' f r v;:;c:f I ! .! ., i zi i : W: " : Ul I ~I .~, I~ I ~ ~-: '0 : ~ _ : () :/ 1). 1-1>._ ~I c.1 ~ ") ''" : : ~: ~ AJ~1 /iJI '~ 0'-11 I.". ~i I~ q,j I j i i i {L t: __~"-'~~4~_~__~~~~ j"..". "k.-w,) '" S 00'29'24. W ~4-4.J7' o <;e !iJ ~Wli). i:! -;. . -' ~ ~~ G-I t..J -' 0 ~~~ z ~ rn t J'~~~~rz \ I' ~ : ;: !-,.;:~I:'~:;,;l: ~:~?}I/, GRMHCR: CITY OF MERIDIAN ANNEXATION EXHBlT J:;......... I EXHIBIT B Middle School AZ~05~008 Site Plan EBz -..~-.~",,~-........+-_._~_. ..-....-.,.~~.....~- @ (~ . ~ ,-' - ._~-~ .~-~ r i r II ... ~ .. ~ l i --,.~.[ EXHmIT C Middle School AZ-OS-008 Site Specific Comments ANEXATION AND ZONING COMMENTS 1. The legal description submitted with the application appears to meet the requirements of the City of Meridian and State Tax Commission and places the parcel contiguous to existing, city limits 2. The requested zoning ofR-4 is compatible with Meridian Comprehensive Plan. 3. The subject property is within the Urban Service Planning Area. Essential City services are or will be available to the subject property. 4. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service, per City Ordinance Section 5-7-517;' when services 'are available from the City of Meridian. Wells may be used for non- d091estic purposes such as landscape irrigation. 5. Future development of this property as a Middle School shall be in compliance with City of Meridian development ordinances in place at the time of development. EXHIBIT D Middle School Az..05-00S Required Findings ANNEXATION & ZONlNGANALYSIS Accordblg to Ordinance 11-15-11, General Standards Applicable to Zoning Amendments, both the P&Z Commission and Council are required "to review the particular facts and circumstances ofeachpraposed zoning amendment in terms althefollowing standards and shalJjind adequate ' evidence answering the following questions about the proposed zoning amendment. " A. Will the new zoning be harmonious with and in accordance with the Comprehensive Plan and, if not, has there been an application for a Comprehensive Plan amendment; The subject property is designated as "Medium Density Residential" on the F~ture Land Use Map. City Council finds that the requested zoning designation, R-4, is harmonious with and in accordance with the adopted Comprehensive Plan and Future Land Use Map. The proposed use as a ,rruddle school is a permitted use in the R-4 Zone, per the Zoning Schedule of Use Control in MCC 11-8-]. B. Has there been a change in the area or adjacent areas which 'may dictate tbat 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; Surrounding properties include rural residential properties, future commercial and multi~family developments and recently approved residential subdivisions. The area around the subject property has changed dramatically in the last decade with literally thousands of new residential lots being added. This change in ~se from agricultural land to residential has created the need for additional schools in the area. City Council finds that the requested zoning designation of R-4 for a middle school will be hannonious with the existing and future developments. C. 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 wiD Dot change the essential character of the same area; City Council finds that the proposed use (middle school) will not change the existing or intended residential character of the area. See discussion under liB" above. D. Will the proposed uses not be hazardous or disturbing to existing or future neighboring uses; City Council does not anticipate that the proposed uses will be hazardous or disturbing to future or existing l1eighbors. See discussion under "B" above. E. Will the area be served adequately by essential public facilities and services such as highways, streets, police and itre protection~ dl'ainage structures, refuse disposal~ water, sewer or that the person responsible for the establishment of proposed zoning amendment shall be able to provide adequately any of such services; City Council finds that the property to be annexed will be served adequately by all essential public facilities and services. F. 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; . City COWlcil finds that there will not be excessive additional requirements at public cost and that the annexation and zoning wiII not be detrimental to the community's economic welfare. G. WiD the proposed uses not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic~ noise, smoke, fumes~ glare or odors; City Council realizes that the proposed middle school will create additional traffic in the general area, but does not anticipate that it will be excessive. The addition of a school near to the new residential subdivisions in north Meridi~ may actually positively the affect the traffic situation by reducing the distance that residents travel in order to deliver their children to school. The lack of pedestrian and bicycle facilities related to Sawtooth Middle School, on Linder Road north of Ustick Road, has been the topic of discussion and criticism among < area media, community members, and local agencies. As subdivisibn~ in the area develop, more sidewalks will be constructed along- the. 'arterial roadways, but at the present time~ there are no improvements on McMillan Road or Meridian Road within one-mile of the school in any direction. The recently developed residential subdivisions in the area have created additional traffic in the area and City Council also finds that the proposed middle school will not create excessive noise or other nuisances that would be detrimental to the general welfare of the surrounding area. H. Will the area have vehicular approaches to the property which shall be so designed as not to Cl'eate an inteJ.'ference with traffic on surrounding public streets; This item was heard at the Aplil13, 2005 ACHD Commission meeting. Please refer to ACHD report for specific traffic discussion and see discussion under '~G" above. I. Will not result in the destruction, Joss or damage of a natural or scenic feature of major importance; and City Council finds that no natural or scenic features of major importance will be lost or damaged by approving the annexation and re-zone, Any existing trees latger than 4)) caliper that are removed shall be mitigated for, per the Landscape Ordinance. J. Is the proposed zoning amendment in the best interest of the City of Meridian. (Oed. 592,11-17-1992)" City Council finds that the annexation of this property would be in the best interest of the City. July 22, 2005 MERIDIAN CITY COUNCIL MEETING Department Reports July 26, 2005 ITEM NO. 6~B-l APPLICANT Parks and Recreation Dept - Doug Strong REQUEST Naming of Park Located in Autumn Faire Subdivision 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: ~ ~~~(~ d'c, )& See attached Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at pUblfc meetings shall become property of the City of Meridian. Meridian Parks & Recreation Memo JUL 1 2005 City of Meridian City Clerk Office To: Mayor and City Council CC: Will Berg A0~(S~ From: Doug Strong, Director Date: July 19,2005 Re: Naming of Park Located in Autumn Faire Subdivision During the July Parks and Recreation Commission meeting the naming of Autumn Faire Park was discussed. After a lengthy discussion the Parks and Recreation Commission approved to name the park located in Autumn Faire Subdivision "Seasons Neighborhood Park" and recommended the new park name to be sent forward to the Mayor and Council for their approval. The Parks Staff is requesting this item be placed on either a Pre-Council agenda or as a Department Report for discussion at the July 26th meeting. The Staff Summary of the Parks and Recreation Commission is attached for City Council approval. Page 1 STAFF SUMMARY OF PARKS AND RECREATION COMMISSION RECOMMENDATION TO CITY COUNCIL Project Name: ~8:<60......:tf ~ (" k Park: 56Q sons ( IJV#(YI(\ Fa. I' re 5 v h),' Jt'S ,'ot"\ at 1@0.) Applicant: P&R Commission Meeting Date: 7/;JjaS Recommendation: 5vbd,'; ,f; /OVl Na.me.. pa ('k a reo.. (ocaiJ Y1ea (" ~11 ~. 5~d(l5 lIe\jh borheveJ 4 v f. () <<1(\ P",rk II.. Fo.. /I'e... Summary of Public Hearing: + D,~ c.. rJ,)~ /ol1S .Q.o rv.. toea.. Is ll'\ 0. reO\... brocl,5 /..fr- vp~tJr 5'ea,SOr'lS Y'afl1e + Trvr'l kaW -to }t S6::l~OV1S 1/ Of'1d ~JJ "Nel,jh &c.".. hood" fo fume + !Jlltfl'dil'lj h.1\ M ""'5 pArks cxt+-e..r 5"cJbd,If//S/oYlf I Key Commission Changes to Staff Recommendation: + 4twe Outstanding Issues for City Council: · No"; e. APPROVED: ~ L ~. d! ~~_i \ t ~*.o dUCi:> Andee Stockton, President '; ......../ ;e:f~ i~:::S v...(.. ~ tf\ 0-. c.. (,,0 j July 22, 2005 Department Reports MERIDIAN CITY COUNCil MEETING July 26, 2005 APPLICANT Parks and Recreation Dept - Doug Strong ITEM NO. 6~B~2 REQUEST Placement of Westem Heritage Historic Byway Sign in Storey Park 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 Letter from Chamber of Commerce ~~ See attached Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at publiC meetings shall become property of the City of Meridian. Meridian Parks & Recreation Memo To: Mayor and City Council CC: From: Will Berg Doug Strong, Director A0~ July 20, 2005 Date: Re: Western Heritage Historic Byway Sign During the July 13, 2005 Parks and Recreation Commission meeting the commission approved" a request from Aldis Garsvo to place a Western Heritage Historic Byways sign in Storey Park in conjunction with the Initial Point State sign. The Western Heritage Historic Byway constructed sign, which are the typical Idaho Transportation Department, map board measures an overall height of 10' with a 4' x 8' map board attached to the upper half The Parks and Recreation Commission is recommending City Council to approve placing the sign in Storey Park, in conjunction with the Initial Point State sign. The supporting documentation is attached. Page 1 STAFF SUMMARY OF PARKS AND RECREATION COMMISSION RECOMMENDATION TO CITY COUNCIL Project Name: vJ.:e.~krY'l Her; ~5e H,:s-kn'c Park: Sk-re.. y Applicant: A I cJ/S Ca r Sv'O P&R Commission Meeting Date: 1 (13/0 S B Y<-VG;. Y 5'" '1 Recommendation: ReCs:Jmrt1end plqceYVI&[+ of Hbkrt'c gy~ ~511 /1') 5'+orey IN /f-h 1I1,.t/q! fb Jln+- s-k-k- 5{j Y} Summary of Public Hearing: + Mr ~rS vo prese>1-h) ,reaSonS J;r plo...c.Jn:5 SJ3n::; iY'/ + s-bcey po.rK fleo.r C~JY1}Jer ~ COMmerce. eV"JJ,'~ weskn Her/h8e ~rk ! /n co-rJoncl/dY) Key Commission Changes to Staff Recommendation: + r + flo-CJ2.. t~;5 51.511 In c.orduYlCiCln with re.,o/a.eerYl-e'1 err- . ()fC'oo1ed h,'-h4/ M:rt+ s.Jo.le Marker ~/5 11 Outstanding Issues for City Council: + APPROVED: ~V\Q\~ ~~l Andee Stockton, President / ~~ ~ \S\ \kef(.. \i\D. L tlJ j ~vd;)laJt CHAMBER OF COMMERCE City of Meridian City Clerk Office 215 E. Franklin Rd., Meridian, ID 83642 888~2817 * fax: 888-2682 Date: July 22, 2005 To: Mayor Tammy de Weerd City Council President Shaun Wardle City Council Members Bird, Donnell & Rountree Parks & Recreation Director Doug Strong From: Meridian Chamber of Commerce Board of Directors Robert Chandler, President Re: City Council Agenda Item: Placement of Western Heritage Historic Byway Sign As President of the Meridian Chamber of Commerce, I have just been made aware that an item has been placed on the City Council agenda for July 26, 2005 that may impact or involve the Chamber. That item is the placement of two large historical marker signs in Storey Park, with a recommendation that they be placed near the Chamber office. Because we have just learned of this recommendation from the Parks Commission, and have not had time to review or study it, I would like to request that the Chamber be given time to do so, and have the opportunity to respond to the proposal at a City Council meeting in August. Thank you for considering our request. Sincerely, Robert L. Chandler President July 22, 2005 MERIDIAN CITY COUNCIL MEETING APPLICANT July 26, 2005 ITEM NO. 8 REQUEST Request for Reconsideration from Parks Commission Regarding Messina Meadows Subdivision AGENCY COMMENTS CITY CLERK: See attached Letter from Parks Commission 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 OTHER: See attached Letter from Chamber of Commerce Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meetings shall become property of the City of Meridian. July 19,2005 Honorable Mayor DeWeerd and Members ofthe City Council C/o City Clerk 33 E. Idaho Meridian, ID 83642 RE: Proposed Messina Meadows Neighborhood Park - Request for Reconsideration Dear Mayor De Weerd and Council Members: This letter is in response to your request for input from the Park and Recreation Commission regarding the proposed neighborhood park in the recently approved Messina Meadows Subdivision. This matter was discussed at the July 13, 2005 Parks and Recreation Commission meeting. I was chosen to write this letter to inform you ofthe Commission's concerns. The first issue that raised concern for most everyone present was the shape of the parcel. The thin strip of land in the north east corner of the plot is virtually unusable for most park events, presents a challenge to the maintenance group, and does not fit in with the goals established in the city's comprehensive plan for a neighborhood park. It was the opinion of the Commission that this land should be used in one of the subdivision lots and other land allocated in a more useable location. The next area of concern isJhe location ofthe park. Accessibility consists of the southern side of the proposed lot borders the incoming road for the subdivision. There is also a small residential road on the southeastern side of the plot. While this provides two forms of access to the land, there are serious concerns that this configuration will limit the accessibility of the park and drive undesired traffic through narrow subdivision streets. There was a general conclusion that this park would better serve the community and the subdivision occupants if the park land was shifted to the west, allowing two sides of access to the land from larger arterial roads. The current proposed lots on the west side of the land can be moved to the east side of the property. There is also concern that this land is of poor quality and grade. There were several commissioners and a superintendent who believe this land may be very difficult to keep maintained properly. Current grade has the park land as the lowest point in the subdivision in an area that seems to flood easily. While this land can be backfilled to prevent the collection of all the water from surrounding areas, it has happened in the past that this backfill material is of poor quality (such as the gravel like mix that was used to fill in Bear Creek), making it nearly impossible to keep the grass properly watered during hot summertime months. Finally, it came to the attention ofthe Commission that this plat, which includes a neighborhood park, has received approval without ever being reviewed by the Parks and Recreation Commission. The Parks and Recreation Commission has great interest in devising a system that will allow the Commission ample time to review and provide input on park issues in these plats, as well as doing so in a timely manner so as to not require the applicant to absorb undue costly delays. For the reasons set forth in this letter, the Commission made a motion on the record to request that the City Council reconsider its decision to approve the Messina Meadows preliminary plat. The Commission would like an opportunity to work with the applicant to address these concerns. In the event that the City Council does not wish to move to reconsider its approval of this matter, and if the applicant is not interested in addressing the issues raised in this letter at this time, the Commission has serious reservations about accepting this parcel as a public neighborhood park and would recommend that the Council consider this park to remain as private property. . On behalf of the Parks and Recreation Commission, I would like to thank you for your time and effort on this particular subject. We sincerely appreciate the opportunity to give input on matters of this nature and would look forward to future opportunities to do the same. Please know that we are anxious to work closely with you in resolving these issues and for a smoother future process. Respectfully, James E. De Boer Meridian Parks and Recreation Commissioner July 22. 2005 MERIDIAN CITY COUNCIL MEETING AZ 05-014 July 26,2005 ITEM NO. 27 APPLICANT Landmark Engineering and Planning REQUEST Ordinance - Request for Annexation and Zoning of 19.72 acres from RUT to R-8 zones for Sicily Subdivision - south of East Victory Road and west of South locust grove Road AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SEITLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: C!M ~ Date: 7 !?-q65 Phone: Emailed: ~, lttf/o €.., eke? C.OfV\ Staff Initials: ~_ Materials presented at pubUc meetings shall become property of the City of Meridian. COMMENTS See attached Ordinance &0/f{GI ADA COUNTY RECORDER J. DAVID NAVARRO BOISE IDAHO 07/29/05 04;~'''~ DEPUTY Bonnie Oberbillig \ RECORDED-REQUEST OF Meridian CilV AMOUNT ,00 11/1111111111111111I11111111111 "' III 11351134708 CITY OF MERIDIAN ORDINANCE NO. tP~-/(G 7 BY THE CITY COUNCIL: BIRD, DONNELL, ROUNTREE, WARDLE AN ORDINANCE (AZ-05-014 SICILY SUBDIVISION) FOR ANNEXATION OF PROPERTY LOCATED IN THE SW 'l.i OF THE NE 'l.i OF SECTION 30, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO AS DESCRIBED IN ATTACHMENT "A" AND ANNEXING CERTAIN LANDS AND TERRITORY, SITUATED IN ADA COUNTY, IDAHO, AND ADJACENT AND CONTIGUOUS TO THE CORPORATE LIMITS OF THE CITY OF MERIDIAN AS REQUESTED BY THE CITY OF MERIDIAN; ESTABLISHING AND DETERMINING THE LAND USE ZONING CLASSIFICATION OF SAID LANDS FROM RUT (ADA COUNTY) TO R-8 (MEDIUM DENSITY) IN THE MERIDIAN CITY CODE; PROVIDING THAT COPIES OF THIS ORDINANCE SHALL BE FILED WITH THE ADA COUNTY ASSESSOR, THE ADA COUNTY RECORDER, AND THE IDAHO 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. ~hat the following described land as evidenced by attached Legal Description herein incorporated by reference as Exhibit "An is within the corporate limits of the City of Meridian, Idaho, and that the City of Meridian has received a written request for annexation and re-zoning by the owner of said property, to-wit: Bruce and Annalee Blaser SECTION 2. That the above-described real property is hereby annexed and re- zoned from RUT (Ada County) to R-8 (Medium Density) in the Meridian City Code. SECTION 3. That the City has authority pursuant to the laws of the State of Idaho, and the Ordinances ofthe City of Meridian to annex and zone said property. SECTION 4. That the City has complied with all the noticing requirements pursuant to the laws of the State ofIdaho, and the Ordinances of the City of Meridian to annex and re-zone said property. SECTION 5. That the City Engineer is hereby directed to alter all use and area maps as well as the official zoning maps, and all official maps depicting the boundaries and the zoning districts of the City of Meridian in accordance with this ordinance. ANNEXATION OF AZ-05-014 SICILY SUBDIVISION Page 1 of 3 SECTION 6. All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and alUlUlled. SECTION 7. This ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. SECTION 8. The Clerk of the City of Meridian shall, within ten (10) days following the effective date of this ordinance, duly file a certified copy ofthis ordinance and a map prepared in a draftsman marmer, including the lands herein rezoned, with the following officials of the County of Ada, State ofIdaho, to-wit: the Recorder, Auditor, Treasurer and Assessor and shall also file simultaneously a certified copy of this ordinance and map with the State Tax Commission of the State ofIdaho. SECTION 9. That pursuant to the affirmative vote of one-half (112) plus one (1) of the Members of the full Council, the rule 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 2b~ ~day of c-T IA..L;J ,2005. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this 2f;.ff- day of J ~ ' 2005. --:~ ~~ MAYOR MY de -'-- ANNEXATION OF AZ-OS-014 SICILY SUBDIVISION Page 2 of3 STATE OF IDAHO, ) ) ss. County of Ada ) On this 2 '~~ay of J ",[ t. ' 2005, before me, the undersigned, a Notary Public in and for said Stat , 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~'.";..#,,,,#,, ~.." .....~ ....o.....4r/,?> ##,. ~ ,\V.. o. ..p.-:' ! l ",OTA~.)-:\ \ i * i -.- : ii' ~ \. <p. \. .PllBL\C l j '-#. '.l:.t ;...........;~,o ....$ "###" 1i ~o F \'9 "".... 4.........11111" N TA PUBLIC FOR IDAHO ESID GAT: Ml(dJ;~",-! ~ MMISSION EXPIRES: ~07 ANNEXATION OF AZ-OS-014 SICILY SUBDIVISION Page 3 of3 ~ Sicily Subdivision AZ-05-014 PP-05-016 Legal Description . ,~,\ ':~ 'I:' 4 Dj PM mWARl r I IU ~~; 6a;:: tt:r:Hllllr ",," 'TllACT UX: All "" ,.~.. ."'0 W.. "oJ' of'" Sou..... ~ .,.., N...... Q_. '"" .f.., W~, "oJ' 01 d" E~I "", .f .., .......... Qum~ .f"" "...."" Quon" I""" ,,_ .f", ...~"'o'" C~.1. .11 " St(:.[IO!l 30, Township 3 North, Rang~ I Eaa ofthc &ilO Meridian, Ada. COUllI}', Jdll!1o. ~'Z' Z~ 00 6lli z ~~ Q Cs6 5 ~~d _ L1J Vl :r: ~ ~ai~ :J ~~~~ Vl u.. t.9 Z 0 o OZ~N 2 ~~8 ::; ~~d ~ ~6<( W :r:Z r= ~~ oJ: LUVl I-Z \S~ gf2 ~ ~ ~ ~~ ~a:g ~~ ~~~ ~~< ~ ~5 ~ ~ ~ ~ g ~ ~ Q lzlU Q fil 5 ~ iTI Q ~ ~ ~~ ~ ~ 5 ~ ~ ~ ~ B ~~ ~ ~ ~~ i ~I~ ~ ~ UJ ~ !~ ~~~ I ~ 1V1 g: e~ ~~i ~ ~~ ~ i !~ ~g~ ~ ~ ~ ~ ~~ 5~ ~ ~ :;:~ ~ ~ ~~ ~~ ~ ~ ~ ~ -, ~~ ~~~ ~ ~~ ~ ~ ~~ ~~~ g /;l 0 uS \'.... ~w rr:: ~ "'- g ffi a~ aU" ~ \ ...... !; ~n ~ n! ~ ~ ij ~. U~ i i ~ ~ N ~ zii! ~~'" ~ ::i15!i: 8 ~ ~~ -= oi5~ ~ ~ ...., g' <~~.o! ~ ~~ ~sf ~ ~I ~ ~ ~ &~ ~ ~~i ~ ~ ~ ~ ~~~i ~ I ! I ~ :p~g ~nn ~i n~ ~ ~~n i q H~!l ~ o ,. hi! ~ ~d~IIUi ~ ~i n!i i ~~nl i ~ ~ ~IU ~j ~i~ n ~I ~ Ii ~ u; ~ n~ i; ~ -q'J-J ~ ~ ~~ !8~ ~! o~ ~. ~~ ~ ~~~ ~ ~~a d ~ 1:: @ ~I ~:;; ":2;0,: !:If.! ~2 J,,~ :i~ ~ :e;z- - !l;Z- ~.. ~ ( I ~ ~i ~i~ ~~ ~~ ~~ ~~ ~ ~~~ ~ ~~8 ~e ~ ~ ~ ~ ~~ i~m~ ~i d ~i ~i ~ hg i ~U b ~ ~ ~ <., .,~8~ ~:!; h ....i! i=~ j!:~ ~ '\ ~'h ~ . ~='=l ~~ g t--------- '~~~---------~~! ~ " ' t: UJ ~ I~ ~I o:fii I ~, 3 .6Z,9Z.0 $ .9i:'i:ZCJ ll;!t; I ~~ ~ ~~ ~ ~~ ~ ~ ~~ i ~ ~~ ~ .~ ~~_ I ////~ Iii ~~...t<)..._~~ ~~ /~~~ ~ ~ ;~ ~ [!il ,/~6fjo, ,')."J l' ~~,~ tP," .,,/' ~. t1' ~ltl~2i ~. ~~" ~ ~~"" it "l / rJ:' II~ ~ ~ ~... J'/ '$'uv,Y- ::! ~ ~ # I < ~I /'t,/.q~;.-;"'(/" ~ Ii I ~fjj .~/~," ! ~~~:~ N AI '~;s::;'1J - - - ----.~/_- -;68"11:r;1 - --- --i ~ s . , . ~ iU ~~i ~., ~. ~ ~ I ~~~ ~ ~ :t:r~ III ll;<:\.. :s ::: ::: ::: ~ :;~':l NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO LC. ~ 50-901(A) CITY OF MERIDIAN ORDINANCE NO. 05- ! I b 7 PROVIDING FOR ANNEXATION AND ZONING ORDINANCE An Ordinance of the City of Meridian granting annexation and zoning for land located in the SW \4 ofthe NE \4 of Section 30, Township 3 North, Range I East, Boise Meridian, Ada County, Idaho, more particularly described in Attachment "A". This parcel contains 19.72 acres more or less. Also, this parcel is SUBJECT TO all easements and rights-of-way of record or implied. As surveyed in attached exhibit "B" and is not based on an actual field survey. A full text ofthis ordinance is available for inspection at City Hall, City of Meridian, 33 Ea~idaho A venu~ Meridian, Idaho. Th~s)9rdinance~hall become effective on the 2 b - day of d~ 'c,~;2 ",\,. ;t$ '11~\ Mayor and City Council of. e ity J M , By: William G. Berg, Ir., City Clerk \ }f ~ l' First Reading: 7-26 -~S- Adopted after first reading by suspension 0 902: YES-L NO_ Second Reading: Third Reading: STATEMENT OF MERIDIAN CITY ATTORNEY AS TO ADEQUACY OF SUMMARY OF ORDINANCE NO. 05- / / 67 The undersigned, William L.M. Nary, City Attorney of the City of Meridian, Idaho, hereby certifies that he is the le9al advisor of the City and has reviewed a copy of the attached Ordinance No. 05- tl (,7 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 2-<1 day of J~ ,2005. ORDINANCE SUMMARY -AZ-05-014 SICILY SUBDIVISION Page 1 of 1 July 22,2005 MERIDIAN CITY COUNCIL MEETING AZ 05-022 July 26, 2005 ITEM NO. 28 APPLICANT Touchmark of the Treasure Valley REQUEST Ordinance - Request for Annexation and Zoning of 1.3 acres from RUT to L-O zones for Touchmark Subdivision - south of East Franklin Road and east of South Eagle Road AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: COMMENTS See attached Ordinance r:: {Ibe C"J/ Contacted: Emailed: Date: 7!~/~ Phone: Staff Initials: xJ2.... NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.e. ~ 50-901(A) CITY OF MERIDIAN ORDINANCE NO. 05- If 68 PROVIDING FOR ANNEXATION AND ZONING ORDINANCE An Ordinance of the City of Meridian granting annexation and zoning for land located in the NW 14 of Section 16, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, more particularly described in Attachment "A". This parcel contains 1.34 acres more or less. Also, this parcel is SUBJECT TO all easements and rights-of-way of record or implied. As surveyed in attached exhibit "B" and is not based on an actual field survey. A full text of this ordinance is available for inspection at City Hall, City of Meridian, 33 East Idaho Avenue, Meridian, Idaho. Thi 11 become effective on the ~ day of Ju..ty , 2005. First Reading: 7... 2..b ""-{) ~ Adopted after first reading by suspension 0' YES~ NO_ Second Reading: Third Reading: STATEMENT OF MERIDIAN CITY ATTORNEY AS TO ADEQUACY OF SUMMARY OF ORDINANCE NO. 05- //6 6 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- I / 6 P; of the City of Meridian, Idaho, and has found the same to be true and complete and provides adequate notice to the public pursuant to Idaho Code ~ 50-901A (3). DATED this 25i day of 01 ' 2005. u1!!- L7 J. William L.M. Nary, City A~ ORDINANCE SUMMARY - AZ-OS-OS-022 TOUCHMARK SUBDIVISION Page 1 of 1 ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 5 BOISE IDAHO 07/29/05 04:23 r ~~~~~E~~~~eQ~~~~b~l~g , .. 1111111111111111111I11111111111I11111 Meridian City 105104709 CITY OF MERIDIAN ORDINANCE NO. 05 -II 6 tf BY THE CITY COUNCIL: BIRD, DONNELL, ROUNTREE, WARDLE AN ORDINANCE (AZ-05-022 TOUCHMARK SUBDIVISION) FOR ANNEXATION OF PROPERTY LOCATED IN THE NW ~ OF SECTION 16, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO AS DESCRIBED IN ATTACHMENT "A" AND ANNEXING CERTAIN LANDS AND TERRITORY, SITUATED IN ADA COUNTY, IDAHO, AND ADJACENT AND CONTIGUOUS TO THE CORPORATE LIMITS OF THE CITY OF MERIDIAN AS REQUESTED BY THE CITY OF MERIDIAN; ESTABLISHING AND DETERMINING THE LAND USE ZONING CLASSIFICATION OF SAID LANDS FROM RUT (ADA COUNTY) TO L-O (LIMITED OFFICE) IN THE MERIDIAN CITY CODE; PROVIDING THAT COPIES OF THIS ORDINANCE SHALL BE FILED WITH THE ADA COUNTY ASSESSOR, THE ADA COUNTY RECORDER, AND THE IDAHO STATE TAX COMMISSION, AS REQUIRED BY LAW; AND PROVIDING FOR A SUMMARY OF THE ORDINANCE; AND PROVIDING FOR A WAIVER OF THE READING RULES; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1. That the following described land as evidenced by attached Legal Description herein incorporated by reference as Exhibit "A" is within the corporate limits of the City of Meridian, Idaho, and that the City of Meridian has received a written request for annexation and re-zoning by the owner of said property, to-wit: Touchmark of the Treasure Valley SECTION 2. That the above-described real property is hereby annexed and re- zoned from RUT (Ada County) to L-O (Limited Office) in the Meridian City Code. SECTION 3. That the City has authority pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian to annex and zone said property. SECTION 4. That the City has complied with all the noticing requirements pursuant to the laws of the State ofIdaho, and the Ordinances ofthe City of Meridian to annex and re-zone said property. SECTION 5. That the City Engineer is hereby directed to alter all use and area maps as well as the official zoning maps, and all official maps depicting the boundaries and the zoning districts ofthe City of Meridian in accordance with this ordinance. ANNEXATION OF AZ-05-022 TOUCHMARK SUBDIVISION Page 1 of3 SECTION 6. All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. SECTION 7. This ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. SECTION 8. The Clerk ofthe 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 ofIdaho. 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 2 G ""=-day of J at:; . 2005. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this 261]; day of J vd;- , 2005. MA~ ANNEXATION OF AZ-05-022 TOUCHMARK SUBDIVISION Page 2 of3 STATE OF IDAHO, ) ) ss. County of Ada ) On this 2'4k...day of 0~lv ,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) ~............~ ~ .~.";1I111111 ~.,. ~). ....... 4t1"~ I" $ "'~ .... ... "".p. \ f I ~OTA1(.r.\ \ s '* \ -.- J * $ \. .... ~lJBL \C .... i \~~";:........""~ ~c:..l 114'11I1I~1I~!u .:.~.""""" ANNEXATION OF AZ-05-022 TOUCHMARK SUBDIVISION Page 3 of 3 SECTION CORNER FOUND BRASS CAP C.P.&F. NO. 99007475 (BASIS OF BEARING) ~~15~' -. -. _. _. ~9~8'47"E.2706.2~' _. _. _, _. 17 16 '!--S O~~g~1tE FRANKUN ROAD N 89'2B' 47" W 337.71' SHEET '1 OF 1 EXHIBIT \40B10-Lamb-EXH.DII'G ~ 120'1 .t..., , f - E:tsL~~2-- ---__0!!.o.!9:~ !3!Ef.'E!!____ _~__ ~~~I J~~ V'j r =<:: I l.s 89'28'41' [ : 20.00' I SANITARY SaYER EASEMENT ] 1 1 I 20' (jnLirr fASfJ,{fJff i/NSTR. No.l00104359 I I I I I I I I I I I I I I I I [ I I I I I I ~ I I I I ~ UNOSCAPE 1---- -------___ I I I ! i1lAMB PARCEL ji ::;1 I ~ I 1M til I~ ~I l~ PARCEL A 7777) I I J; L-" .L/l . I ~~~y--' ! : APR 15 2005 L1 I O/1lE:ST / : ~~s.'E.?lH':!/TC ,/ MERIDlAt>! PUBUC ~<:;'" <:;11'I<:;' WORKS DEPf, S 79'29'56.- 0' / E 117.09 ~ 1c::./ I r~ --A7 I LOT 2 ~ ~ 120 I BLOCK 2 _... ./ PARCEL C I / _J I lANOSCAPE , ' ,/ ~ ~ --\ EASf},(ENT ..-o~56 ... '-.J / 1 / ~<v 2,o.op' . / ~ LAMB PROPERTY LOT 3 LOT 1 PARCEL lANOSCA EASflJEi PARCEL B ANNEXATION TO CITY OF MERIDIAN BRIGGS ENGINEERING, INC. <81 ENGINEERS PLANNERS SURVE'fORS 1800 W. OYOO.AND R{W) · BOISe. Ill\HO 83705 · (206)344-9700 ANNEXATION EXHIBIT owe DAlE': 04/14/05 DPM SCAlE, 1"= 100' Tho~o droWllgb, ar any parton lhereof, sholl nat bo used on any Project or Cltl"n~lans of this Prtl)ecl. """.pt by written agre=cn.l frllm Briggs Engineering, Inc. fP~ #&;;--/16& EXHIBIT A Touchmark Subdivision AZ-05-022 Legal Description DESCRIPTION FOR ANNEXATION PARCEL FOR TOUCHMARK PlAZA SUBDIVISION MARCH 15.2005 A PARCEL OF LAND BEING A PORTION OF THE NW 1/4 OF SECTION 16 T. 3 N., R. 1 E., B.M., MERIDIAN, ADA COUNTY, IDAHO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SECTION 16 T. 3 N., R. 1 W., B.M., THENCE S 89.28'47" E 1353.13 FEET ALONG THE NORTH LINE: OF SAID SECTION 16 TO THE ~ POINT OF BEGINNING OF THIS DESCRIPTION; THENCE S 00.21'58" E 496.26 FEET TO A POINT; THENCE S 79.29'5S" E 117.09 FEET TO A POINT; THENCE N 00.21'56" W 516.55 FEET TO A POINT: THENCE N 89.28'47'" W 115.00 FEET TO THE REAL POINT OF BEGINNING OF THIS DESCRIPTION. CONTAINING 1.34 ACRES MORE OR LESS. WAYNE K. BARBER r.'t~v . .~:r..[.~ ~~~.;IC 408lo..annex.doc CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the Matter of a Request for Annexation and Zoning of 39.47 Acres from RUT/C2 (Ada County) to C-N (Neighborhood Commercial), by Cherry Lane Christian Church Case No(s): AZ-05-023 For the City Council Hearing Date of: July 26, 2005 A. Findings of Fact 1. Hearing Facts a. A notice of a public hearing was published for two (2) consecutive weeks prior to the City Council public hearing, the first publication appearing and written notice mailed to property owners or purchasers of record within three hundred feet (300') of the external boundaries of the property. The notice of public hearing before the City Council was posted upon the property under consideration more than one week before said hearing. All other noticing was done consistent with Idaho Code ~67- 6509. The matter was duly considered by the City Council at the July 26, 2005, public hearing(s). The applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction ofthe City of Meridian were given full opportunity to express comments and submit evidence. b. Written and oral testimony was received on this matter, as reflected in the records of the City Clerk (for written testimony) and in the official meeting minutes (for oral testimony). c. The Planning and Zoning Commission conducted a public hearing on June 16, 2005 and issued a written recommendation on the subject matter to the City Council. d. The City Council heard and took oral and written testimony and duly considered the evidence and the record in this matter. 2. Process Facts a. There has been compliance with all notice and hearing requirements set forth in Idaho Code ~67-6509, 6512, and Meridian City Code ~S 11-15-5 and 11-17-5 as evidenced by the Affidavit of Mailing, and the Affidavit of Publication and Proof of Posting filed with the staff report. 3. Application and Property Facts a. In addition to the application and property facts noted in the staff report and the Planning & Zoning Recommendation for the subject application(s), it is hereby CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-05-023- PAGE I of 4 verified that the property owner(s) of record at the time of issuance of these findings is the Presbytery of Boise. 4. Required Findings per Zoning and Subdivision Ordinance a. See Exhibit D for the findings required for this application. B. Conclusions of Law I. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (LC. ~67- 6503). 2. The Meridian City Council takes judicial notice of its Zoning, Subdivision and Development Ordinances codified at Titles 11 and 12, Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted August 6,2002, Resolution No. 02-382 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code ~ 1I-17-9. 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning and Zoning Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Legal Description in Exhibit A, the Conceptual Site Plans dated March 24, 2005 as shown in Exhibit B, and the Annexation and Zoning Comments as shown in Exhibit C. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code 9 12-3-5 and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's Conceptual Site Plans as evidenced by having submitted the Conceptual Site Plans dated March 24,2005 are hereby conditionally approved; and, 2. The Annexation and Zoning Comments are as shown in Exhibit C. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-05-023- PAGE 2 of 4 D. Notice of Final Action and Right to Regulatory Takings Analysis 1. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code S 67-6521 an affected person being a person who has an interest in real property which may be adversely affected by the issuance or denial of the conditional use permit approval may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. E. Exhibits Exhibit A: Legal Description Exhibit B: Approved Conceptual Site Plan Exhibit C: Annexation and Zoning Comments Exhibit D: Zoning Amendment Findings By action ofthe City Council at its regular meeting held on the ~ l.D th day of Jlt \ l'(S" ,2005. COUNCIL MEMBER SHAUN WARDLE VOTED~ COUNCIL MEMBER CHRISTINE DONNELL VOTED~ COUNCIL MEMBER CHARLIE ROUNTREE VOTED~ COUNCIL MEMBER KEITH BIRD VOTED~ MAYOR TAMMY de WEERD (TIE BREAKER) VOTED--==-- Copy served upon Applicant, The Planning and Zoning Department, Public Works Department and City Attorney. By:,--1L\ n S}.. 0 It ~ City Clerk's Office Dated: Cf- 2..LP -OS CITY OF MERlDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-05-023- PAGE 4 of 4 EXHIBIT A Cherry Lane Christian Church Annexation AZ-05-023 Legal Description ANNEXA TfON LEGAL A Parcel of land being Parcel B as shown on Record of Survey No. 5576 for Graye Wolfe, and located in a portion of the SE1/4 of Section 10, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho and more particularly described as follows: BEGJNNING at a 5/8 inch rabar marking the SE comer of said SE1I4; Thence along the South line of said SE1/4 N89Q40'29'W a distance of 1558.62 feet to a 5/8 inch rabar from which the SW corner of said SE1/4 bears N89040'29'W a distance of 1082.05 feet; Thence leaving said South line N01008'10"E a distance of 1118.81 feet to a 5/8 inch rebar; Thence S88051'50"E a distance of 1545.36 feet to a 5/8 inch rebar on the East line of said SE1/4; Thence along said East line SOO"2T06''W a distance of 1096.83 feet to the POINT OF BEGINNING. Said Parcel contains 39.47 acres more or Jess and is subject 10 all existing easements and rights-of-way of record or implied. f'~O~\. jll . . ~~V2-~~-j- I tl j;/.J<" C046352 ANNEX LEGAL.doc EXHIBIT B Cherry Lane Christian Church Annexation AZ-05-023 Conceptual Site Plan EXHIBIT C Cherry Lane Christian Church Annexation AZ-05-023 Annexation and Zoning Comments ANEXATION & ZONING FACTS AND COMMENTS 1. The subject property is within the Urban Services Planning Area. The legal description submitted with the application (dated 4/15/05, stamped by Stephen Lee) shows the property as contiguous to the existing corporate boundary of the City of Meridian. The Public Works Department has confirmed that the submitted legal description meets the requirements of the City of Meridian and the Idaho State Tax Commission. 2. Any future subdivision and/or development of this property shall comply with the City of Meridian ordinances in effect at the time. 3. Prior to the annexation ordinance approval, a Development Agreement (DA) shall be entered into between the City of Meridian, property owner (at the time of annexation ordinance adoption), and the developer. The aoolicant shall contact the Citv Attornev Bill Narv at 888-4433 to initiate this nrocess. The DA shall incorporate the following: · That any new structure(s) shall be generally compatible in appearance and bulk with the surrounding residential properties, as determined by the detailed Planned Development approval as approved through a Conditional Use process. · That no building or other structure shall be erected, moved, added to or structurally altered, nor shall any building, structure or land be established or changed in use without prior approval. · That all future uses shall not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. · At this time the applicant proposes the following uses on the subject property: Private School w/childcare capabilities, Church, and Administrative Offices. The Planned Development Application as required by this Development Agreement must include these and any other uses requested by the applicant. · That the applicant agrees to provide cross-access to the parcels to the west and north, prior to issuance of a Certificate of Zoning Compliance (CZC) permit for any future use. · That vehicular access to this site shall be restricted to those approved by ACHD and the City. Cherty Lane Christian Church Exhibit C SPECIAL CONSIDERATIONS (ANNEXATION & ZONING) ]. Access: Limiting vehicular access to this property is essential to maintaining traffic flow on Franklin Road during peak hours. ACHD policy requires right- in/right-out driveways located on arterial roadways to be constructed a minimum of 150 feet from a stop controlled intersection; 220 feet is required for a full access driveway. Although this property has sufficient frontage to meet the District's policy, there is need and a request by ACHD for a detailed traffic study prior to development. When the Franklin/Ten mile intersection is signalized, or if safety of any accesses should become an issue, the ACHD may restrict the access to right-in/right-out only for all access points. The final locations of points of access will be detennined at a later date, during detailed approval through the Planned Development process. Because only one access to the public roadway system is being proposed for this property to the west of the site, staff recommends that cross access be provided to the site to the west. The idea with providing cross access to the multifamily development is that when the church expands and/or redevelops, cross access will be reciprocated to the proposed multifamily development. If cross access is provided then patrons of the church can access Franklin Road at a signalized intersection without having to cross traffic lanes on Franklin Road to exit the site. See Annexation & Zoning Facts and Comments #2 below. Landscaoing: Franklin Road and Ten mile Road are classified arterial roadways. A 25-foot wide landscape buffer is currently required adjacent to arterial roadways (MCC 12-13-10-4). Landscape buffers along Meridian Road and Ustick Road will be required by the City with CZCIPlanned Development approval. If the subject annexation and zoning application is approved, C-N property will be adjacent to rural residential properties zoned RUT in Ada County and an outdoor storage facility. To buffer the existing land uses to the south and west from future commercial office uses on this site, landscape buffers along the perimeter of the site should be installed when a CZC/Plat is approved (see MCC 12-13-12). Parkin!;!: For Churches/Schools/Gymnasium, parking stalls are currently required at the rate of one space per 4 auditorium seats, one space per each 5 church seats, one space per 400 s.f. of gross office floor area (administration building), 2 parking spaces per elementary classroom, 10 parking spaces per high school classroom plus 1 for each 10 seats in and auditorium or gymnasium. (MCC 11- 13-S.B). 3. Sanitary Sewer: Sanitary sewer is currently not available to this site. This site is master planned for the sewer to drain to the Black Cat lift station via extensions of mains through Castlebrook Subdivision, Chesterfield Subdivision, and the proposed Silver Oaks Subdivision to the west. The applicant shall be responsible to design and install sewer mains to and through this proposed development, Cherry Lane Christian Church Exhibit C coordinate main size and routing with the City of Meridian Public Works Department. Water is readily available in Ten-Mile Road and Franklin Road. The applicant shall be responsible to design and install water main to and through this development, coordinate main sizing and routing with City of Meridian Public Works. The applicant shall execute City of Meridian standard fonns of easements for any mains that are required to provide service. MERIDIAN FIRE DEPARTMENT COMMENTS 1. Acceptance of the water supply for fire protection will be by the Meridian Fire Department and water quality by the Meridian Water Department for bacteria testing. 2. Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 W' outlet face the main street or parking lot aisle. b. The Fire hydrant shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works spec. d. Locations with fire hydrants shall have the curb painted red 10' to each side of the hydrant location. e. Fire Hydrants shall be placed on corners when spacing permits. f. Fire hydrants shall not have any vertical obstructions to outlets within 10'. g. Fire hydrants shall be place 18" above finish grade. h. Fire hydrants shall be provided to meet the requirements of the IFC Section 509.5. 3. All entrance and internal roads shall have a turning radius of 28' inside and 48' outside radius. 4. Provide a 20' wide Fire Lane for all internal roadways all roadways shall be marked in accordance with Appendix D Section DI03.6 Signs. 5. For all Fire Lanes, paint the curb red and provide signage "No Parking Fire Lane" . 6. Operational fire hydrants, temporary or permanent street signs and access roads with an all weather surface are required before combustible construction is brought on site. 7. 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. Cherry Lane Christian Church Exhibit C 8. The office/commercial lot will have an unknown transient population and will have an unknown impact on Meridian Fire Department call volumes. The Meridian Fire Department has experienced 2612 responses in the year 2004. According to a report completed by Fire & Emergency Services Consulting Group our requests for service are projected to reach 2800 in the year 2005 and 3800 by the year 2010. 9. Maintain a separation of5' from the building to the dumpster enclosure. 10. Provide a Knoxbox entry system for the complex prior to occupancy. 11. The applicant shall work with Planning Department staff to provide an address identification plan including a pylon/monument sign at the required intersection(s). 12. All aspects of the building systems (including exiting systems), processes & storage practices shall be required to comply with the International Fire Code. 13. Provide exterior egress lighting as required by the International Building & Fire Codes. 14. Where a portion of the facility or building hereafter constructed or moved into or within the jurisdiction is more than 400 feet (122 m) from a hydrant on a fire apparatus access road, as measured by an approved route around the exterior of the facility or building, on-site fire hydrants and mains shall be provided where required by the code official. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2 the distance requirement shall be 600 feet (183). a. For Group R-3 and Group U occupancies, the distance requirement shall be 600 feet (183 m). b. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2, the distance requirement shall be 600 feet (I 83 m). 15. All Daycare's with 7 or more children must pass an inspection using the criteria of the Idaho State Fire Marshal. If the applicant has concerns about meeting the State Fire Marshal criteria an inspection will be completed at a cost of $20. 16. There shall be a fire hydrant within 100' of all fire department connections. 17. Buildings over 30' in height are required to have access roads in accordance with Appendix D Section D105. Cheny Lane Christian Church Exhibit C 18. This project will be required to provide a 20' wide swing or rolling emergency access gate. The gate shall be equipped with a Knoxbox Padlock which has to be ordered thru the Meridian Fire Department. MERIDIAN PARKS DEPARTMENT COMMENTS 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. MERIDIAN PUBLIC WORKS DEPARTMENT 1. All development improvements, including but not limited to sewer, fencing, micro-paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy. 2. 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. 3. It shall be the responsibility ofthe applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 4. Applicant shall be responsible for application and compliance with and NPDES Permitting that may be required by the Environmental Protection Agency. 5. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 6. All grading of the site shall be performed in conformance with MCC ll-12-3H. 7. Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 8. Any existing domestic wells and/or septic systems within this project shall be removed from domestic service per City Ordinance Section 9-1~4 and 9-4-8. Wells may be used for non-domestic purposes such as landscape irrigation. 9. All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per City Ordinance 12-4-13. Plans shall be approved by Cherry Lane Christian Church Exhibit C the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or non-approval submitted to the Public Works Department. If lateral users association approval can't be obtained, alternate plans shall be reviewed and approved by the meridian City Engineer prior to final plat signature. 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 ensure that water is retained only during 1 DO-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 should pay close attention to the results of field studies detenuining the groundwater, soil type & and characteristics during the design and construction phases. 11. Two-hundred-fifty and one hundred watt, high-pressure sodium streetlights shall be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. Final design locations and quantity are determined after power designs are completed by Idaho Power Company. The street light contractor shall obtain design and permit from the Public Works Department prior to commencing installations. 12. Applicant's engineer shall be required to submit a signed, stamped statement certifying that all street finish centerline elevations are set a minimum of three feet above the highest established normal groundwater elevation. ADA COUNTY HIGHWAY DISTRICT (ACHD) Site Specific Conditions of Approval The applicant shall submit a detailed traffic study for the site prior to receiving detailed approval. Cherry Lane Christian Church Exhibit C EXHIBIT D Cherry Lane Christian Church Annexation AZ-05-023 Zoning Amendment Findings ANNEXATION & ZONING ANALYSIS According to Ordinance 11-15-11, General Standards Applicable to Zoning Amendments, both the P&Z Commission and Council are required "to review the particular facts and circumstances of each proposed zoning amendment in terms of the following standards and shall find adequate evidence answering the following questions about the proposed zoning amendment." The following is the list of standards found in 11-15-11 and analysis: A. Will the new zoning be harmonious with and in accordance with the Comprehensive Plan and, if not, has there been an application for a Comprehensive Plan amendment; Staff finds that the requested Neighborhood Commercial (C-N) zoning designation is in accord with the Comprehensive Plan's Future Land Use Map. which delineates the subject property as "Mixed Use-Regional". Meridian City Code (MCC) 11-7-2.H. states the purpose of the C-N district is "to pennit small scale convenience business uses which are intended to meet the daily needs of the residents in the~immediate neighborhood. .. .and shall not constitute all or any part of a strip development concept." The following Comprehensive Plan policies also SUODort the annexation and proposed Church! Private School use: · "Permit new. . .commercial developments only where urban services can be reasonably provided at the time of final approval and development is contiguous to the City." (Chapter IV, pg. 26, Goal I, Obj. A, #6) Municipal water, solid waste and other services exist to this area of Meridian. · "Require all new parking lots to provide landscaping in internal islands." (Chapter V, pg. 43, Goal III, Obj. D, #3) The Site Plan submitted with the annexation application for this property is conceptual in nature; the parking lot will be addressed through the submittal of the planned development and shall show internal planters, as required. · "Locate new community commercial areas on arterials. . .near residential areas in such a way as to complement with adjoining residential areas." (Chapter VII, pg. 43, Goal III, Obj. D, #3) Cherry Lane Christian Church Exhibit 0 The proposed commercial use is located at the intersection of two minor arterial roadways. A 25-foot wide street btif.fer is shown along Ten Mile Road and Franklin Road, designed in part to mitigate potential negative impacts upon the vehicular traffic on arterial roads. There are several major residential developments occurring in the area to which the proposal will provide service. · "Restrict curb cuts and access points on collectors and arterial streets." (Chapter VII, pg. 107, Goal IV, Obj. D, #2) A CHD is requiring the applicant to submit a detailed traffic study for the site. The curb cuts and access points are consistent with other proposals of this size and nature. However, these will be approved with the filing of a detailed Planned Development and full review by ACHD. Chapter VI C.2 P71 - Multiuse pathways: Pathways that encourage use by bicyclists and pedestrians can decrease road congestion and add to the community's quality of life. The proposed off-street and multiuse pathway systems are depicted in Figures VI-3 and VI-4. New and existing developments should ensure that the guidelines laid out in this plan are adopted. With the design of the conceptual plan the applicant has included multiuse pathways in this development. The Comprehensive Plan indicates in Figures VI _ 3 and VI-4 the locations of pathways along the Ridenbaugh Canal, Eight Mile Creek, and Ten-Mile Creek. B. Is the area included in the zoning amendment intended to be rezoned in the future; Concurrent with the annexation and zoning application, the applicant has submitted a conceptual site plan. The site plans depicts several buildings on this property with 1) a main building to seat 4,500 patrons and several classrooms and 2) a school with a gymnasium and an administration building. The site plan also shows a recreation field and multiuse pathway system along the Ten Mile Creek. Staff does not anticipate that the applicant plans to rezone the subject property in the future if the subject annexation/zoning is approved, as the anticipated Church! Private School uses will be conditionally allowed in the requested C-N zone. Please see Finding "C". c. Is the area included in the zoning amendment intended to be developed in the fashion that would be allowed under the new zoning -for example, a residential area turning into a commercial area by means of conditional use permits; Staff finds that School! Private Schools would be Conditional uses within the requested C-N zone. As mentioned above, however, there is no detailed Cheny Lane Christian Church Exhibit 0 development plan proposed at this time, but a Planned Development must be submitted in compliance with the Mixed-Use Regional Designation. D. Has there been a change in the area or adjacent areas which may dictate that the area should be rezoned. For example, have the streets been widened, new railroad access been developed or planned or adjacent area being developed in a fashion similar to the proposed rezone area; Staff finds that the recent annexation and zoning of Stor-It, Castlebrook Subdivision, and the recent proposal of Silver Oaks Subdivision (multifamily) directly west of this site, dictates that the subject property be similarly zoned and developed. The streets adjacent to this site have not been widened recently, and neither Franklin Road nor Ten Mile Road roadway improvements abutting this site are in the current ACHD Five-Year Work Program. Franklin Road from Ten- Mile to Black Cat is in the planned development phase for improvement. E. Will the proposed uses be designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and that such use will not change the essential character of the same area; The applicant will be required to construct, operate and maintain the future buildings in accordance with City Code. Although this area was intended for residential and commercial uses when the 2002 Comprehensive Plan was adopted, staff finds that the size and number of uses is consistent with the comprehensive plan at this location. Staff finds that the design of the submitted conceptual layouts for school/office/church buildings could be harmonious with the adjacent properties if cross-access is provided to the parcel to the west (multifamily). Staff further finds that the proposed uses will change the existing character of the area, but that the proposed zone and future use(s) should be harmonious and appropriate in appearance with the character of the overall area. Staff finds that any future uses, if designed, constructed and operated in accordance with adopted city ordinances, should be harmonious and appropriate in appearance with the intended character of the vicinity. F. Will the proposed uses not be hazardous or disturbing to existing or future neighboring uses; Commercial (school/church) vehicular access to this site could cause a potential disturbancelhazard to existing and/or future uses. The 2002 Comprehensive Plan Future Land Use Map designates the properties to the west as multifamily, and to the south and east as Mixed Use Regional. The Commission and Council should rely on public testimony to determine whether the proposed C-N zoning will be disturbing or hazardous to the neighboring uses. Cheny Lane Christian Church Exhibit D Staff finds that the use of this site for Church/School type uses should not be hazardous or disturbing to existing or future neighboring uses if the applicant enters into a development agreement with the City and all development and landscaping ordinances are exercised. In addition to staffs analysis, the Commission and Council should rely on public testimony to determine whether or not the potential disturbance of allowing a conunercial access int%ut of this site will substantially affect the existing or future neighboring uses. G. Will the area be served adequately by essential public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water, sewer or that the person responsible for the establishment of proposed zoning amendment shall be able to provide adequately any of such services; Sanitary sewer is currently not available to this site. This site is master planned for the sewer to drain to the Black Cat lift station via extensions of mains through Castlebrook, Chesterfield and the proposed Silver Oaks to the west. Water mains are readily available in Ten-Mile Road, and Franklin Road. The applicant and/or future property owners will be required to pay any applicable park and highway impact fees as well as construct on-site storm water drainage facilities. On May 27, 20Q5, ajoint agency/department comments meeting was held with representatives of key service providers to this property. Based on the joint agency/department meeting and other comments received from agencies/departments, staff finds that the public services listed above can be made available to accommodate the proposed development. However, the joint agency review was based on the conceptual plan, the Planned Development shall require detailed review. The Commission and Council should reference any written and/or verbal testimony submitted by any public service provider, regarding their ability to adequately service this project. H. Will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community; If approved, the developer will be financing the extension of sewer, water, local street (driveway) infrastructure, utilities and irrigation services to serve the project. Other required site improvements will be funded and constructed by the developer through the CZC/Planned Development approval process. The primary public costs to serve the future uses will be fire and police facilities and services. Staff finds there will not be excessive additional requirements at public cost and that the proposed zoning and subsequent development will not be detrimental to the community's economic welfare. Cherry Lane Christian Church Exhibit D 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; Staff finds that any future uses on this site will generate additional traffic on adjacent roadways above and beyond the existing residences. The level of impact will depend upon the type of future use(s) and the square footage of the buildings. Staff recognizes that traffic and noise will increase with the approval of this development; however, do to the large size of the site and number of proposed accesses, staff does not believe that the amount generated will be detrimental to the general welfare of the public. Traffic will further be reviewed and accommodated by ACHD review of the detailed traffic study. The purpose of the C-N zone is to "to permit small scale convenience business uses which are intended to meet the daily needs of the residents in the immediate neighborhood. .. .and shal1 not constitute al1 or any part of a strip development concept." (MCCll-7-2.H) As such, staff does not anticipate future uses will create smoke, fumes, glare, or odors that will be detrimental to the general welfare of persons or property in the area. Staff does not anticipate the proposed annexation and subsequent use(s) will create excessive noise, smoke, fumes, glare, or odors. Staff finds that the proposed Church/ Private School uses should not be detrimental to people, property or the general welfare of the area. MCC 11-16-4 provides the P&Z Commission and City Council the authority to require a property owner to enter into a Development Agreement with the City of Meridian that may require some written commitment for all future uses to more fully comply with this finding. Due to the close proximity of existing and future residential uses, the scale of the project; and relation to neighboring uses; staff believes that a Development Agreement is necessary to ensure that the purpose of the C-N zone is maintained. Please see Annexation & Zoning Facts and Comments below. 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; This parcel has a large amount of frontage on both Franklin Road and limited frontage on Ten-Mile Road. The applicant is conceptually proposing four driveway approaches to Franklin Road: a shared access at the mid section (for possible future signalization), two right in and right out accesses, and a full access at approximately the;;'; section line. ACHD considers access points in their analysis of development applications and has requested a detailed traffic study. Staff believes that these locations will provide adequate access, but it may be restricted based upon the detailed traffic study. To help future traffic flows in this Cherry Lane Christian Church Exhibit D area, staff believes that cross access between the subject property and the property to the west and north should be provided. If cross access is provided from the west and north, patrons ofthe church/school, storage facility, and multifamily development can access Franklin Road at the Ih section line, also to be cost shared with the property to the west. Staff believes that the proposed uses (and access) should not be hazardous to neighboring uses or traffic flows, but development should be restricted until ACHD has had adequate time to review a traffic study. The COlmnission and Council should rely on public testimony, ACHD staff, and City staffs analysis when detennining whether or not a vehicular approach to Franklin Road will interfere with traffic on surrounding public streets. See Special Consideration #1 below for more analysis. K. Will not result in the destruction, loss or damage of a natural or scenic feature of major importance; and Staff is unaware of any natural of scenic features of major importance on this site and finds that no natural or scenic features of major importance will be lost or damaged by approving the annexation and zoning application. Any existing trees larger than 4" caliper that are removed shall be mitigated for, per the Landscape Ordinance. L. Is the proposed zoning amendment in the best interest of the City of Meridian. (Ord. 592, 11-17-1992)" The legal description submitted with the application, prepared by Stephen Lee PLS of Pinnacle Engineers, Inc., shows that the property is contiguous to the existing corporate boundary of the City of Meridian. The land directly north, and northeast ofthe subject property have previously been annexed into the City and this is a logical expansion of the City boundary. The applicant is proposing to develop the land in substantial compliance with the City's Comprehensive Plan. In accordance with the findings listed above, staff finds that the annexation/zoning of this oroDertv would be in the best interest of the Citv. NOTE: Staff has included Development Agreement stipulations for annexation and zoning of this property below. Cheny Lane Christian Church Exhibit 0 July 22, 2005 MERIDIAN CITY COUNCIL MEETING APPLICANT Joint School District No.2 AZ 05-008 July 26, 2005 ITEM NO. 29 REQUEST Ordinance - Request for Annexation and Zoning of 41.27 acres from RUT To R-4 for a new middle school for McMillan and Meridian Middle Schools - NEC of McMillan and Meridian Roads AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: COMMENTS See attached Ordinance 0q 00/11 Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meetlngs shall become property of the City of Meridian. ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .OD BOISE IDAHO 07/29/05 04:2f"'"~ ~:~~~E~~n~~eQ~~~~~ltg. 1111'" 1111 " 111111I1111/ 111111111111 Meridian City 105104710 CITY OF MERIDIAN ORDINANCE NO. &S- - /('69 BY THE CITY COUNCIL: BIRD, DONNELL, ROUNTREE, WARDLE AN ORDINANCE (AZ-05-05-008 McMILLAN/MERIDIAN MIDDLE SCHOOL) FOR ANNEXATION OF PROPERTY LOCATED IN THE SOUTH 1025.00 FEET OF THE GOVERNMENT LOT 4 AND THE SOUTH 1025.00 FEET OF THE WEST ~ OF THE EAST ~ OF THE SOUTH ~ OF SECTION 30, TOWNSHIP 4 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO AS DESCRIBED IN ATTACHMENT "A" AND ANNEXING CERTAIN LANDS AND TERRITORY, SITUATED IN ADA COUNTY, IDAHO, AND ADJACENT AND CONTIGUOUS TO THE CORPORATE LIMITS OF THE CITY OF MERIDIAN AS REQUESTED BY THE CITY OF MERIDIAN; ESTABLISHING AND DETERMINING THE LAND USE ZONING CLASSIFICATION OF SAID LANDS FROM RUT (ADA COUNTY) TO R-4 (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 annexation and re-zoning by the owner of said property, to-wit: JOINT SCHOOL DISTRICT #2 SECTION 2. That the above-described real property is hereby annexed and re- zoned from RUT (Ada County) to R-4 (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 re-zone said property. ANNEXATION OF AZ-OS-008 McMILLAN/MERIDIAN MIDDLE SCHOOL Page 1 of 3 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 ofIdaho, to-wit: the Recorder, Auditor, Treasurer and Assessor and shall also file simultaneously a certified copy of this ordinance and map with the State Tax Commission of the State of Idaho. SECTION 9. That pursuant to the affirmative vote of one-half (1/2) plus one (1) ofthe Members ofthe full Council, the rule requiring two (2) separate readings by title and one (1) reading in full be, and the same is hereby, dispensed with, and accordingly, this Ordinance shall be in full force and effect upon its passage, approval and publication. PASSED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this 26 -f'!: day of ~ at:; , 2005. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this 26 "t: day of J ~r- . 21l! ANNEXATION OF AZ-05-008 McMll..LAN/MERIDIAN MIDDLE SCHOOL Page 20f3 STATE OF IDAHO, ) ) ss. County of Ada ) On this c2,fkday of J\I,j y ,2005, before me, the undersigned, a NotalY 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) ,t"'''' ..../111 ~.......... ~lCE l, 11111111#41; .t' \~........o~o~~ \. {lit to l'lOT-1~ \.~ \ 5 i ~ ......... J. j i \. ~ ~oo ullL1C l * j \; ;.~oooo....ooooO ~$ ~IIIIIIIIIIII~~I!II?~~"""""" ANNEXATION OF AZr05-008 McMILLANIMERIDIAN MIDDLE SCHOOL Page 3 of3 EXHffiIT A Middle School Az.OS-008 Legal Description ,:".,~ I" ' IDAHO SUR.VEY GROUP 1150 E~;t Wat.r",w~l- :it Suite f 50 Meridian. Idaho 8)642 Phon", (20B) 84(;.85]0 F:tx,(208) 88+5399 Projeet No. 03148 MERIDIAN CITY ANNEKATION DESCRIPTION Joint Scbool Di5lrfct No.2 The Soulh 1025.00 feel of GovemmcnI Lot 4 and !he South 1025.00 feel orlhc: West IS of tile East r. of the Southwest ~'. of Section 30, TAN., R..IE., 8.M., Ada COWlty, Idaho, more particularly described as follows: BEGINNING at the tomor to sCClions 25 and 36 ofT.4N" Rt W.. anu Section 31 and the said Section 3D, fonn which the Y. comer common ~o sai d Sections 2.5 and 30 beIlrs North 00023 'ou" EllS!, 2640.13 feet; Thence North 00.23'(10" East. 1025.00 feel; thence SouJh 89.46'14" East, 1754.51 feclto a point on the East line orllle West Y, ofUlc Easl Yz of the Southwest Y-t; thence along said line South 00.29'24" Wast, 1025.01 feel to a point on the South boundary of said Section 30; thence Norlh 81)046'14" West, 1752.60 feet to tlte Point of Beginning. Containing 41 .26 acres, more or less. SUBJECT to rigbts-of-way for McMillian Road along lhc Soulb houndnry and Meridim Rnad along the West bouridary. lIrJd all ollier easements of record or U5C. ~}n l~ .-.:, . I ~t: ?l.:;~~i.\:'; ; 1~t'T Y1 Y1 MERIDIAN RD ~ ~ R.1 W. N 00'23'00" E 2616.13' ---------------------- ~ I ~ R.1 E. N 00"23'00" E 1025.00' -->.10 I I 1 I I I zJ ffi: ~! -,-~l s:: ~l ~;I ~ I )> 1 ~ -->.1 o -...j I (JJI ~r qJ I I I J I ->.(f) ............ ~~ 1591.12' S:- (f) .:. 0 {J 0.J IJR> 0 .:?? Aj~~ ~ .~ "3(, ~ (f) CO (Q ~ I ~ I -"I -P>; ~I~ ~ ~ fTl ~ oi --I>;, I-P- Ie..; '-.I 1fT! (JJ ..p.. N ~ :!: Ol ~ "0 CJo .~ ~.-(\ %~ ~. (f) ~ S 00'29'24" W R~W APP~~ r7 ) BY ~J '~ S 00.29'24" W MERIOIAN PUBLIC WORKS DEPT. Yl~ IN o ~~=- z ........... ~ GRANTOR: s,\ls~ P,*cl.\""'~r IDSAC ~tT^(DJ~"a)\".~\\'o:~l.r."""E",d.9 2/17/2ooS 10,18:37 AM MST t9 rdl~ #o? -116 q DRAWN SY: Idaho Survey Group, P.C. DATE: Feb. 2005 PROJECT: CITY OF MERIDIAN CK'D BY: SCALE: 1M: 300' ANNEXATION EXHBIT APPROVED: t~~~~D IN THE SW 1/4- OF SEC. 20 DWG: VoightAnnexEX T.4N., R.1 E.. S.M.. ADA COUNTY. IDAHO ~ SHEEr -..!...- OF ~ NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.e. ~ 50-901(A) CITY OF MERIDIAN ORDINANCE NO. 05- 1169 PROVIDING FOR ANNEXATION AND ZONING ORDINANCE An Ordinance of the City of Meridian granting annexation and zoning for land located in the South 1025.00 feet of Government Lot 4 and the South 1025.00 feet of the West ~ ofthe East Y2 of the Southwest ~ of Section 30, Township 4 North, Range 1 East, Boise Meridian, Ada County, Idaho, more particularly described in Attachment "A". This parcel contains 41.27 acres more or less. Also, this parcel is SUBJECT TO all easements and rights-of-way of record or implied. As surveyed in attached exhibit "B" and is not based on an actual field survey. A full text ofthis ordinance is available for inspection at City Hall, City of Meridian, 33 East Idaho Avenue, Meridian, Idaho. This ordil!?!l.<;:~shal1 become effective on the 2b~ day of <:~~ ,2005.; . """. First Reading: 7.... 2.6 --()b- Adopted after first reading by suspension YES~ NO_ Second Reading: Third Reading: STATEMENT OF MERIDIAN CITY ATTORNEY AS TO ADEQUACY OF SUMMARY OF ORDINANCE NO. 05- 1169' 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- II b '1 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). '1 ~ DATEDlhisldaYOf Vuf!1. )"V1::J William L.M. Nary1ity At~ ORDINANCE SUMMARY AZ-05-05-008 McMILLANIMERIDIAN MIDDLE SCHOOL Page 1 of 1 BEFORE THE MERIDIAN CITY COUNCIL C/C July 26,2005 IN THE MATTER OF THE APPLICATION FOR A TIME EXTENSION ON COMMENCING THE CONDITIONAL USE FOR BUICH SUBDIVISION (AKA CHERRY LANE OFFICE PARK,) LOCATED AT 2150 CHERRY LANE, MERIDIAN, IDAHO CASE NO. TE-05-007 ORDER GRANTING A ONE YEAR TIME EXTENSION FOR COMMENCING THE CONDITIONAL USE BY: PINNACLE ENGINEERS, INC. APPLICANT This matter coming on regularly before the City Council on July 26, 2005, upon the Applicant's time application for a one year extension within which to commence the Buich Subdivision (aka Cherry Lane Office Park Subdivision) conditional use permit, which was originally approved on February 10, 2004, as provided in S 12-3-6 B, and good causing appearing. IT IS HEREBY ORDERED AND THIS DOES ORDER THAT: 1. The above name Applicant is granted a one year extended period oftime until July 26, 2006, of this Order within which to commence the conditional use permit Buich Subdivision (aka Cherry Lane Office Park)for the above entitled subdivision application. Jl By the action of the City Council at its regular meeting on the 216~ day of UL1j ,2005. ORDER GRANTING A ONE YEAR TIME EXTENSION FOR COMMENCING THE CONDITIONAL USE FOR BillCH SUBDIVISION (AKA CHERRY LANE OFFICE PARK) (TE-05-007) Page 1 of2 DATED this dlOth day of ];:.llLj ,2005. ~ Attest ent, Public Works, and the City j~D~ Ju. i D IY\ -\)epu:t. ,( William G. Berg., City Clerk) \ \ Copy served upon Applicant, Plannin~. Attorney. BY: ~ fA VY\ Ai\. Q 91Y\ City Clerk's Office Dated: 6- J -os ORDER GRANTING A ONE YEAR TIME EXTENSION FOR COMMENCING THE CONDITIONAL USE FOR BUlCH SUBDIVISION (AKA CHERRY LANE OFFICE PARK) (TE-05-007) Page 2 of2 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the Matter of Marce Subdivision Preliminary/Final Plat of Two (2) Commercial Lots on 1.84 Acres in a I-L Zone by James Wylie Case No(s). PFP-OS-003 For the City Council Hearing Date of: July 26 2005 A. Findings of Fact 1. Hearing Facts a. A notice of a public hearing was published for two (2) consecutive weeks prior to the City Council public hearing, the first publication appearing and written notice mailed to property owners or purchasers of record within three hundred feet (300') of the external boundaries of the property. The notice of public hearing before the City Council was posted upon the property under consideration more than one week before said hearing. All other noticing was done consistent with Idaho Code S67- 6509. The matter was duly considered by the City Council at the July 26, 2005, public hearing(s). The applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction of the City of Meridian were given full opportunity to express comments and submit evidence. b. Written and oral testimony was received on this matter, as reflected in the records of the City Clerk (for written testimony) and in the official meeting minutes (for oral testimony). c. The Planning and Zoning Commission conducted a public hearing and issued a written recommendation on the subject matter to the City Council. d. The City Council heard and took oral and written testimony and duly considered the evidence and the record in this matter. 2. Process Facts a. There has been compliance with all notice and hearing requirements set forth in Idaho Code S67-6509, 6512, and Meridian City Code SS 11-15-5 and 11-17-5 as evidenced by the Affidavit of Mailing, and the Affidavit of Publication and Proof of Posting filed with the staff report. 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 hereby verified that the property owner(s) of record at the time of issuance of these findings are James Wylie. CITY OF MERIDlAN FINDfNGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). PFP -05-003 - P AGE I of 4 4. Required Findings per Zoning and Subdivision Ordinance a. See Exhibit C for the 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 Chapter 65, Title 67, Idaho Code (LC. S67- 6503). 2. The Meridian City Council takes judicial notice of its Zoning, Subdivision and Development Ordinances codified at Titles 11 and 12, Melidian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted August 6,2002, Resolution No. 02-382 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code S 11-17-9. 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning and Zoning Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Legal Description in Exhibit A, the Preliminary Plat dated March 3, 2005 as shown in Exhibit 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 which are herein adopted, it is hereby ordered that: 1. The applicant's Preliminary Plat as evidenced by having submitted the Preliminary Plat dated March 3, 2005 is hereby conditionally approved; and 2. The site specific and standard conditions of approval are as shown in Exhibit D. D. Notice of Applicable Time Limits CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). PFP -05-003 - PAGE 2 of 4 1. Notice of Twelve (12) Month Preliminary Plat Duration Please take notice that after the date of approval of the preliminary plat, the owner or developer shan have one year within which to file the request for approval of the final plat. After approval of final plat, the owner or developer shall have one year to begin construction of the public utilities and one year thereafter to complete construction of those public facilities. (MCC 12-2-4.B & C.) E. Notice of Final Action and Right to Regulatory Takings Analysis 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. 2. Please take notice that this is a final action ofthe governing body of the City of Meridian, pursuant to Idaho Code S 67-6521 an affected person being a person who has an interest in real property which may be adversely affected by the issuance or denial of the conditional use permit approval may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. F. Exhibits Exhibit A: Legal Description Exhibit B: Approved Preliminary/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 2lb tho Jlll \) ,2005. day of COUNCIL MEMBER SHAUN WARDLE VOTED~ VOTED~ VOTED~ COUNCIL MEMBER CHRISTINE DONNELL COUNCIL MEMBER CHARLIE ROUNTREE VOTED~ CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). PFP -05-003 - PAGE 3 of4 COUNCIL MEMBER KEITH BIRD MAYOR TAMMY de WEERD (TIE BREAKER) VOTED-==::::::' Attest: Copy served upon Applicant, and City Attorney. By,: :1 h Q\ tnA/\ ~ h!'0 City Clerk's Office Dated: g - J -(j5' CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NOeS). PFP -05-003 - PAGE 4 of 4 EXHIBIT A Marce Subdivision PFP-05-003 Legal Description =~;~~~~;t ~~~!~;:~:;i~:~~~~5:~it~~~ii~ ~;J~~~i~t!~~i~~~~1~~;~t~~€tto particularly described as follows, ~~:~~~iic il~e~f~:~~~:~;" corner of Se~tion B, Township 1 North, Range 1 North Bg'4B'Sl" West. 351.37 feet along the North line of said Section a to "- point/ chence South 00' 00' 00 h West 7.6.56 feet. to thO! Northerly cornel; common to Lots 1 and ~ ~~e~~~~~ ~i~;d ~~"~~o~~~e o~~~;lI~~npa;~~oi~i~9 ~~~h~o~g~C~:~oi~:t of Ad.. County, Idaho, the REAL "OIN'!' 0.. BEGINNING of this de5=iption/ thetlc" ~~~~~c 00024' 45" Wellt 102.00 feet along the East Utle of said I.ot 1 to a point ~o;~fn~;.~~~~~~ East along a portion of the NOrth line of Lot: 3. 46. BB '''et ~~~~~e 00024'45" West l'lB .00 feet to a point on the South line of said Lot 3. ~~~~~o~~~~E~~~o~:~ ~~;~i:~~~:~e~~ t~~~t~fo~;~e 4;e~t ~~nt o~s~go 4fe~~C~~C ~~~~ gn~~i~I~~S~/'~h~ ~~;;~i~~i~n~f said Lot 1, m .50 feet to the REA.:.. ~ EXHIBIT B Marce Subd' . . PFP IVIS.IOn Approved P;~i--0?3 _ unmary Plat --y -=- -=-==-- - i ----=,:"::: :.. . ...:,;-:.: - - _:&' 'illi' I ""L,r,.:~=J] i r '-1~:1: ~ QrJ<~ {J ;'~>" ~<:.... ',,', NlN'~~~Ii&.~;.._ EXHIBIT C Marce Subdivision PFP-05-003 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 Comprehensive Plan ('02) and the Future Land Use Map, which designates the land to be "Commercial" and "Industrial". Generally, the Commercial designation will provide for a full range of commercial and retail uses to serve area residents and visitors. Sample uses are listed as retail, wholesale, service and office uses. The uses of a restaurant/Bistro are similar to the sample uses listed on Page 99 Chapter VII of the Meridian City Comprehensive Plan. The proposed office/retail uses within the subdivision are permissible under the excepted land use provisions of the MCC (12-6-3.) Therefore, Staff finds that the proposed subdivision 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 has existing sewer and water stubs served adequately by all essential public facilities and services through Krispe Kreme Subdivision. Applicant shall be required to extend water and sanitary sewer mains to and through the proposed development, thereby making them available to the adjacent properties. c. The continuity of the proposed development with the capital improvement program; 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. Marce Subdivision Exhibit C d. The public financial capability of supporting services for the 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 problems 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. Marce Subdivision Exhibit C EXHIBIT D Marce Subdivision PFP-05-003 Conditions of Approval PRELIMINARY / FINAL PLAT SITE SPECIFIC COMMENTS 1. Sanitary sewer service to this site will be from service line extensions from existing mains adjacent to the 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. Cover over sanitary sewer mains shall be no less than 3-feet from finish grade to the top of the pipe. If cover is less than 3-fee from the sub- grade to the top of pipe, alternate pipe materials shall be used per the Meridian Public Works Department's Standard Specifications. 2. Water service to this site will be from main line extensions from existing water mains in Krispe Kreme Subdivision. The applicant will be responsible to construct water mains to and through this proposed development. Subdivision designer to coordinate main sizing and routing with the Public Works Department. Applicant shall execute City of Meridian standard forms of easements, for any mains that are required to provide service. 3. Complete the Certificate of Owners and accompanying Acknowledgment prior to signature on the. final plat. 4. Add a note to the face of the plat stating "The owner of each lot, across which passes an irrigation/drainage ditch or pipe, is responsible for the maintenance thereof unless such responsibility has been assumed by an irrigation/drainage District. " 5. Per MCC 12-13-10-4, maintain the existing 25-foot wide street buffer along Fairview A venue. All required street buffers shall be located beyond any future right-of-way. Show easements for all required buffers on the final plat. The Marce or Krispe Kreme Business Owners Association shall maintain all required landscape buffers. 6. All landscape buffers shall be constructed prior to the issuance of any Certificate of Occupancy within the subdivision. 7. A perpetual vehicular cross access easement shall be provided to all lots within the subdivision. Said cross access shall be depicted on the final plat for Marce Subdivision. Mal'ce Subdivision Exhibit 0 8. A detailed fencing and landscape plan, in compliance with MCC 12-13, shall be submitted with the final plat application. 9. Any tree over 4" in caliper that is removed from the property shall be replaced by installing additional trees, being the equivalent number of caliper inches of trees that were removed, unless deemed unnecessary by the City Arborist per Ordinance 12-13-13. Required landscaping trees will not be considered as replacement trees for those trees that have to be removed. The applicant shall submit a tree removal/preservation plan at least 1 a days prior to the City Council hearing. 1 a. A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. Storm water treatment and disposal must be designed in accordance with Department of Environmental Quality 1997 publication Catalog of Storm Water Best Management Practices for Idaho Cities and Counties and City of Meridian standards and policies. Off-site disposal into surface water is prohibited unless the jurisdiction which has authority over the receiving stream provides written authorization prior to development plan approval. The applicant is responsible for filing all necessary applications with the Idaho Department of Water Resources regarding Shallow Injection Wells. 11. 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 1 aD-year storm event. Side slopes within drainage areas shall not exceed 3: 1. 12. Compaction test results must be submitted to the Meridian Building Department for all building lots receiving engineered backfilL 13. All internal landscaping shall be installed as depicted on approved landscape plans for the individual lots during the Certificate of Zoning Compliance process. 14. The applicant has indicated that Settlers Irrigation District will own and maintain the pressure irrigation system within this development. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. If a creek or well source is not available, a single-point connection to the municipal water system shall be required. If a single-point connection is utilized, the developer shall be responsible for the payment of assessments for the common areas prior to signature on the final plat by the Meridian City Engineer. PRELIMINARY PLAT GENERAL REOUIREMENTS 1. Submit letter from the Ada County Street Name Committee, approving the subdivision and street names. Make any corrections necessary to conform. Marce Subdivision Exhibit D 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, 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. 5. Underground, year-round pressurized irrigation must be provided to all landscape areas on site. Please submit hook-up 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 irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per City Ordinance 12-4-13. The ditches to be piped should be shown on the site plans. Plans will need to be approved by the appropriate irrigation/drainage jurisdiction, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. 7. Show all existing and proposed easements for irrigation/drainage facilities located within the bounaaries 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 Section 9-1-4 and 9-4-8. Wells may be used for non-domestic purposes such as landscape irrigation. 9. Provide five-foot-wide sidewalks throughout development in accordance with City Ordinance. 10. All construction shall conform to the requirements of the Americans with Disabilities Act. 11. The applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to signature on the final plat per Resolution 02-374. 12. The applicant shall be responsible for application and compliance with any NPDES Permitting that may be required by the Environmental Protection Agency. Mal'ce Subdivision Exhibit D 13. The applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. Marce Subdivision Exhibit D CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the Matter of a Request for Preliminary/Final Plat approval for three (3) commercial building lots on 3.60 acres in an I-L zone for Monica Subdivision, by B2 Investments, LLC. Case No. PFP-05-002 For the City Council Hearing Date of: July 26, 2005 A. Findings of Fact 1. Hearing Facts a. A notice of a public hearing was published for two (2) consecutive weeks prior to the City Council public hearing, the first publication appearing and written notice mailed to property owners or purchasers of record within three hundred feet (300') ofthe external boundaries of the property. The notice of public hearing before the City Council was posted upon the property under consideration more than one week before said hearing. All other noticing was done consistent with Idaho Code 967- 6509. The matters were duly considered by the City Council at the July 26, 2005, public hearing. The applicant, affected property owners, and govenunent subdivisions providing services within the planning jurisdiction ofthe City of Meridian were given full opportunity to express comments and submit evidence. b. Written and oral testimony was received on this matter, as reflected in the records of the City Clerk (for written testimony) and in the official meeting minutes (for oral testimony). c. The Planning and Zoning Commission conducted public hearings and issued a recommendation for approval to City Council. d. The City Council heard and took oral and written testimony and duly considered the evidence and the record in this matter. 2. Process Facts a. There has been compliance with all notice and hearing requirements set forth in Idaho Code S67-6509, 6512, and Meridian City Code SS 11-15-5 and 11-17-5 as evidenced by the Affidavit of Mailing, and the Affidavit of Publication and Proof of Posting filed with the staff report. 3. Application and Property Facts a. In addition to the application and property facts noted in the staff report and the Planning & Zoning Recommendation for the subject application(s), it is hereby CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO. PP-D5-D02 - PAGE I of 4 verified that the property owner of record at the time of issuance of these findings is B2 Investments, LLC. 4. Required Findings per Zoning and Subdivision Ordinances a. See Exhibit D for the findings required for the Preliminary/Final Plat 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, Idaho Code (I.C. S67- 6503). 2. The Meridian City Council takes judicial notice of its Zoning, Subdivision and Development Ordinances codified at Titles 11 and 12, Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002, Resolution No. 02-382 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code S 11-17-9. 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning and Zoning Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Legal Description in Exhibit A, the Preliminary Plat dated 3/29/05 as shown in Exhibit 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 which are herein adopted, it is hereby ordered that: L The applicant's Preliminary Plat as evidenced by having submitted the Preliminary Plat dated 3/29/05 is hereby conditionally approved; CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO. PP-05-002 - PAGE 2 of4 2. The site specific and standard conditions of approval are as shown in Exhibit C. D. Notice of Pinal Action and Right to Regulatory Takings Analysis L The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. 2. Please take notice that this is a final action ofthe governing body of the City of Meridian, pursuant to Idaho Code S 67-6521 an affected person being a person who has an interest in real property which may be adversely affected by the issuance or denial of the approval may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. E. Exhibits Exhibit A: Legal Description Exhibit B: Approved Preliminary Plat (3-29-05, with conditions) Exhibit C: Preliminary/Final Plat Conditions of Approval (all agencies) Exhibit D: Preliminary/Final Plat Findings By action of the City Council at its regular meeting held on the ;:>Ui'h day of VU1\) ,2005. COUNCIL MEMBER SHAUN WARDLE VOTED~ COUNCIL MEMBER CHRISTINE DONNELL VOTED~ COUNCIL MEMBER CHARLIE ROUNTREE VOTED~ COUNCIL MEMBER KEITH BIRD VOTED~ MAYOR TAMMYdeWEERD (TIE BREAKER) VOTED-===- CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO. PP-05-002 - PAGE 3 of4 and City Attorney. BY:\_~ h 0 !{V\--M !U lb City Clerk's Office Dated: X> , -05' CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO. PP-05-002 - PAGE 4 of 4 EXHIBIT A Monica Subdivision PFP-OS-002 Legal Description B & A Engineers, Inc. Consulting Engineers & Surveyors 5505 W. Fr<1nl,jin H(L Boise. tel. 83705 Ph. :2 Of1<34:cl.138 I Fax 208-342'5792 Boundary Description Monica Subdivision A parcd of land siluate inlhe southeast quarter of Sed ion I I, Township 3 North, Range I West, Boise Meridian, Meridian City, Ada County, Idaho, being more particularly described as follows: Commencing at a 5/8" rcbar marking the southeast comer of the southeast quarter of Section 11, Township 3 North, Range 1 West, Boise Meridian; Thence NOQo58'55"W, 1,302.60 feet along the east boundary of said southeast quarter and the centerline of North Linder Road; Thence S89000'52"W, 48.00 feet to the west right-of-way line of said North Linder Road, the POINT OF BEGINNING: Thence SOoo58'55"E, 362.28 feet along said west right-of-way line; Thence S89000'57"W, 235.69 feet; Thence SOoo5S'S5"E, 1 82.50 feet; Thence S89000'57"W, 314.70 feet; Thence NOloOO'50"W, 364.98 feet; Thence NOoo56'26"W, 184.46 feet; Thence N89030'05"E. 550.49 feet to the POINT OF BEGINNING. The above-described pm'eel contains 5.93 acrel:i, more or less. EXHIBIT B Monica Subdivision PFP-05-002 Preliminary Plat EXHIBIT C Monica Subdivision PFP-05-002 Conditions of Approval SITE SPECIFIC CONDITIONS (PRELlMINARY PLAT/FINAL PLAT) L Water service to this site shall be via service line extensions from the existing mains adjacent to the property. Applicant shall coordinate main sizing and routing with City of Meridian Public Works Department. Applicant shall execute City of Meridian standard forms of easements, for any mains that are required to provide service. 2. Sanitary sewer service to this site will be via main line extensions to an existing main adjacent to the property. The applicant shall coordinate main sizing and routing with City of Meridian Public Works Department. Applicant shall execute City of Meridian standard forms of easements, for any mains that are required to provide service. 3. Sewer and water each need lO-feet of easement, on each side of the pipe, additionally there needs to be lO-feet of separation between sewer and water per D.E.Q. regulations. Therefore the graphically depicted 20-foot wide sewer and water easement that runs east/west through the middle of this project shall be enlarged to 30-feet wide. 4. City of Meridian requires water mains not located in the right-of-way to be centered in 20-foot wide easements. The applicant shall graphically depict on the face of the plat a 20-foot wide water easement where a to-foot wide easement is shown. Said easement is located approximately 83 feet from the eastern property line that abuts N. Linder Road. 5. The preliminary plat indicates that a warehouse is going to be built over an existing water stub. The water stub will have to be abandoned back to the main. 6. Underground year-round pressurized irrigation must be provided to all lots within this development. The applicant proposes connection to City of Meridian potable water system as the only source for irrigation. If a single-point connection is utilized, the developer shall be responsible for the payment of assessments for the irrigable areas prior to signature on the final plat by the City Engineer. 7. Please submit a copy of the Ada County Street Name Committee's "Final" letter for the street names and lot & block numbering. Make all corrections necessary to comply. 8. Other than the access point specifically approved on N. Linder Road with this application by ACHD, direct lot access to N. Linder Road is prohibited. 9. Required landscape buffers/street improvements shall be made by the developer/subdivider as part of the final plat. 10. Make the following modifications to the final plat prior to recordation: · The applicant shall be required to place the required twenty-five foot (25') street buffer along N. Linder Road in an easement in favor of all lots in the subdivision. · Depict a cross access easement for Lots 1, 2, and 3 to utilize the new drive access to N. Linder Road. 11. Complete the CP&F number for the southeast quarter corner of section 11. 12. Add a note to the face of the plat stating "The owner of each lot, across which passes an irrigation/drainage ditch or pipe, is responsible for the maintenance thereof unless such responsibility has been assumed by an irrigation/drainage District." GENERAL CONDITIONS (PRELIMINARY PLAT/FINAL PLAT) 1. Any tree over 4" in caliper that is removed from the property shall be replaced by installing additional trees, being the equivalent number of caliper inches of trees that were removed. Required landscaping trees will not be considered as replacement trees for those trees that are removed. 2. Submit compaction test results to the Meridian Building Department for any building pads within lots receiving engineered backfilL 3. Any drainage areas (detention/retention basins) must be designed to ensure that water will percolate or discharge within a period of time not to exceed 24 hours for all storms up to and including a 100-year storm event. Side slopes within drainage areas shall not exceed 3: 1. 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. 4. Coordinate fire hydrant placement with the City of Meridian Public Works Department. 5. Install 250-watt, high-pressure sodium streetlights at locations designated by the Public Works Department. Street light contractor shall obtain an approved design and permit from the Public Works Department prior to commencing installations. 6. Developer shall coordinate mailbox locations with the Meridian Post Office. 7. All proposed fencing must be in compliance with MCC 12-4-10. 8. All sidewalks shall be constructed in accordance with MCC 12-5-2.K. Prior to signature of the final plates), all sidewalks shall be constructed or a financial guarantee that said improvements will be completed shall be provided in accordance with ACHD requirements. 9. A note shall be placed on the final plat stating that unless otherwise approved, all building setbacks shall meet the requirements of the zoning ordinance in effect at the time of building permit submittal. 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. Plat approval shall be subject to the expiration provisions set forth in MCC. 12. Street signs are to be in place, water system shall be approved and activated, pressurized irrigation system approved and activated, drainage lots constructed, and road base approved by the Ada County Highway District prior to applying for building permits. All development improvements shall be installed and approved prior to obtaining certificates of occupancy. A letter of credit or cash surety in the amount of 110% will be required for all fencing, pathways, landscaping, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the final plat. 13. Complete the Certificate of Owners and accompanying Acknowledgment. 14. Applicant shall be responsible for application and compliance with any Section 404 Pennitting that may be required by the Army Corps of Engineers. 15. Applicant shall be responsible for application and compliance with and NPDES Permitting that may be required by the Environmental Protection Agency. 16. All irrigation ditches, laterals, or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per City Ordinance 12-4-13. Plans shall be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or non-approval submitted to the Public Works Department. Iflateral users association approval can't be obtained. Alternate plans shall be reviewed and approved by the Meridian City Engineer prior to final plat signature. 17. Staffs failure to cite specific ordinance provisions or terms of the approved preliminary plat or final plat does not relieve Applicant of responsibility for compliance. OTHER AGENCY/DEPARTMENT COMMENTS/CONDITIONS MERIDIAN FIRE DEPARTMENT CONDITIONS 1. Acceptance of the water supply for fire protection will be by the Meridian Fire Department and water quality by the Meridian Water Department for bacteria testing. 2. Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 12" outlet face the main street or parking lot aisle. b. The Fire hydrant shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works spec. d. Locations with fire hydrants shall have the curb painted red 10' to each side of the hydrant location. e. Fire Hydrants shall be placed on comers when spacing permits. f. Fire hydrants shall not have any vertical obstructions to outlets within 10'. g. Fire hydrants shall be place 18" above finish grade. h. Fire hydrants shall be provided to meet the requirements of the IFC Section 509.5. 3. The phasing plan may require that any roadway greater than 150' in length that is not provided with an outlet shall be required to have an approved turn around. 4. All entrance and internal roads shall have a turning radius of 28' inside and 48' outside radius. 5. Provide a 20' wide Fire Lane for all internal roadways all roadways shall be marked in accordance with Appendix D Section D103.6 Signs. 6. Operational fire hydrants, temporary or permanent street signs and access roads with an all weather s.urface are required before combustible construction is brought on site. 7. 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. 8. The 3 office/commercial lots lot will have an unknown transient population and will have an unknown impact on Meridian Fire Department call volumes. The Meridian Fire Department has experienced 2612 responses in the year 2004. According to a report completed by Fire & Emergency Services Consulting Group our requests for service are projected to reach 2800 in the year 2005 and 3800 by the year 2010. 9. Maintain a separation of5' from the building to the dumpster enclosure. 10. Provide a Knoxbox entry system for the complex prior to occupancy. 11. The applicant shall work with Planning Department staff to provide an address identification plan including a pylon/monument sign at the required intersection(s). 12. All aspects of the building systems (including exiting systems), processes & storage practices shall be required to comply with the International Fire Code. 13. 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. 14. Provide exterior egress lighting as required by the International Building & Fire Codes. 15. Where a portion of the facility or building hereafter constructed or moved into or within the jurisdiction is more than 400 feet (122 m) from a hydrant on a fire apparatus access road, as measured by an approved route around the exterior of the facility or building, on-site fire hydrants and mains shall be provided where required by the code official. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2 the distance requirement shall be 600 feet (183). a. For Group R-3 and Group U occupancies, the distance requirement shall be 600 feet (183 m). b. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2, the distance requirement shall be 600 feet (183 m). 16. There shall be a fire hydrant within 100' of all fire department connections. 17. Buildings over 30' in height are required to have access roads in accordance with Appendix D Section DI05. 18. This project will be required to provide a 20' wide swing or rolling emergency access gate. The gate shall be equipped with a Knoxbox Padlock which has to be ordered thru the Meridian Fire Department. SANITARY SERVICE COMPANY 1. Prior to issuance of a certificate of zoning compliance, that applicant shall submit an approved site plan from SSe. MERIDIAN PARKS DEPARTMENT 1. The Parks Department has no concerns with the site design as submitted with the application. EXHIBIT D Monica Subdivision PFP-05-002 Required Findings PRELIMINARY PLAT FINDINGS Meridian City Code (MCC) 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 Plan; City Council finds the 2002 Comprehensive Plan Future Land Use Map designates all of the subject property as "lndustria1." The purpose of the Industrial designation is "... to allow a range of industrial uses to support industrial and commercial activities and to develop with sufficient urban services. In light industrial areas, uses may include warehouses, storage units, light manufacturing, and incidental retail and offices uses. Heavy industrial areas may include processing, manufacturing, warehouses, storage units, and industrial support activities. In all cases, standards for screening, landscaping, and adequate access would be developed and implemented." (See Chapter VII, pg. 99.) City Council finds that the proposed subdivision is in compliance with the Comprehensive Plan. B. The availability of public services to accommodate the proposed development; N. Linder Road, is currently included in ACHD's Five-Year Work Program (2009) and is anticipated to be 5 lanes from Franklin Road to Ustick Road with curb, gutter, sidewalk and bike lanes within 96-feet of right of way. The subject site can be serviced by the City of Meridian's sanitary sewer and water systems. Sanitary sewer and water mains would have to be extended into the site by the developer from N. Linder Road. On May 27, 2005, a joint agency/department comments meeting was held with representatives of key service providers to this property. All of the detailed conditions from the Meridian Police Department, Meridian Fire Department, and other agencies/departments are at the end of this report. City Council finds that the property proposed for development can be serviced by essential public facilities and services. C. The continuity of the proposed development with the capital improvement program; City Council finds that the subdivision will not conflict with the capital improvement program because the developer is required to install sewer, water, utilities and irrigation, for the development at their cost. D. The public financial capability of supporting services for the proposed development; The developer will be financing the extension of sewer, water, utilities and irrigation services to serve the project. The primary public costs to serve the future site will be fire and police services. City Council finds that this development will not cause excessive additional requirements at public cost, ifthe applicant complies with the conditions of approval for the preliminary/final plat application. E. The other health, safety or environmental problems that may be brought to the Commission's attention. ACHD considers road safety issues in their analysis; please refer to ACHD staff report for a detailed analysis. There are no health, safety, or environmental problems to bring to the Commission's attention. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the Matter of Preliminary Plat Approval of Four (4) building lots on 1.74 acres and Conditional Use Permit (CUP) Approval for a Commercial Planned Development with reductions to the minimum requirements for street frontage, in a L-O zone for Woodpenn Subdivision, by Pennwood III, LLC. Case No(s). PP-05-022, CUP-05-030 For the City Council Hearing Date of: July 26,2005 A. Findings of Fact 1. Hearing Facts a. A notice of a public hearing was published for two (2) consecutive weeks prior to the City Council public hearing, the first publication appearing and written notice mailed to property owners or purchasers of record within three hundred feet (300') of the external boundaries ofthe property. The notice of public hearing before the City Council was posted upon the property under consideration more than one week before said hearing. All other noticing was done consistent with Idaho Code S67- 6509. The matter was duly considered by the City Council at the July 26, 2005, public hearing(s). The applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction ofthe City of Meridian were given full opportunity to express comments and submit evidence. b. Written and oral testimony was received on this matter, as reflected in the records of the City Clerk (for written testimony) and in the official meeting minutes (for oral testimony). c. The Planning and Zoning Commission conducted public hearings and issued a written recommendation on the subject matter to the City CounciL d. The City Council heard and took oral and written testimony and duly considered the evidence and the record in this matter. 2. Process Facts a. There has been compliance with all notice and hearing requirements set forth in Idaho Code S67-6509, 6512, and Meridian City Code SS 11-15-5 and 11-17-5 as evidenced by the Affidavit of Mailing, and the Affidavit of Publication and Proof of Posting filed with the staff report. 3. Application and Property Facts CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). PP-OS.011, CUP-OS-OI3 - PAGE I of 4 a. In addition to the application and property facts noted in the staff report and the Planning & Zoning Recommendation for the subject application(s), it is hereby verified that the property owner(s) of record at the time of issuance of these findings is Troutner Business Park Development Corporation. 4. Required Findings per Zoning and Subdivision Ordinance a. See Exhibit D for the findings required for Preliminary Plat/Conditional Use. B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (LC. 967- 6503). 2. The Meridian City Council takes judicial notice of its Zoning, Subdivision and Development Ordinances codified at Titles 11 and 12, Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted August 6,2002, Resolution No. 02-382 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code 9 11-17-9. 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning and Zoning Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Legal Description in Exhibit A, the Preliminary Plat/ Site Plan as shown in Exhibit B and the Conditions of Approval in Exhibit D. 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 9 12-3-5 and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's Preliminary Plat as evidenced by having submitted the Preliminary Plat dated April 15, 2005 is hereby conditionally approved; and CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). PP-05-011, CUP-05-013 - PAGE 2 of 4 2. The applicants Conditional Use request is hereby conditionally approved; and 3. The site specific and standard conditions of approval are as shown in Exhibit C. D. Notice of Applicable Time Limits 1. Notice of Twelve (12) Month Preliminary Plat Duration Please take notice that after the date of approval of the preliminary plat, the owner or developer shall have one year within which to file the request for approval of the final plat. After approval of final plat, the owner or developer shall have one year to begin construction of the public utilities and one year thereafter to complete construction of those public facilities. (MCC 12-2-4.B & C.) E. Notice of Final Action and Right to Regulatory Takings Analysis 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. 2. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code ~ 67-6521 an affected person being a person who has an interest in real property which may be adversely affected by the issuance or denial of the conditional use permit approval may within twenty-eight (28) days after the date of this decision and order seek ajudicial review as provided by Chapter 52, Title 67, Idaho Code. F. Exhibits Exhibit A: Legal Description Exhibit B: Approved Preliminary Plat/Site Plan Exhibit C: Conditions of Approval Exhibit D: Required Findings for Preliminary Plat/Conditional Use Permit BYiftion of the City Council at its regular meeting held on the 2t.oth -LILJ ,2005. day of COUNCIL MEMBER SHAUN WARDLE VOTED~ COUNCIL MEMBER CHRISTINE DONNELL VOTED-+ CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NOeS). PP-OS-Ol1, CUP-OS-OJ3 - PAGE 3 of4 COUNCIL MEMBER CHARLIE ROUNTREE VOTED~ COUNCIL MEMBER KEITH BIRD VOTED~ MAYOR TAMMY de WEERD (TIE BREAKER) VOTED_ Public Works Department and City Attorney. By; -\ 1\.0. ~ M 0 Il..r- Clty Clerk's Office Dated: ~-(~Oc; CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). PP-05-0 I J, CUP-05-0 J 3 - PAGE 4 of 4 EXHIBIT A Woodpenn Subdivision PP-OS-022, CUP-OS-030 Legal Description Jl~ VA!tEylWU~ ('''H .HII .\'TR(ra:;:'~j L1NnSLRlfi IlYC' Lot 10, Block 1, Troutner Park Subdivision Job No. 05007 4/12/2005 Land in Lot 10, Block 1 of Troutner Park Subdivision, as per the Plat thereof, in Book 75, at Pages 7762-7764, Ada County Plat Records, within the NE1/4 of Section 13, T3N, R1E, 8M., City of Meridian. Ada County. Idaho, described as follows COMMENCING at the Northwest Corner of said NE1/4 (North 114 corner of Section 13), marked by a brass cap as per corner perpetuatIon record, Ins!. No. 98117248; 1. South 00.52'49' West, 568 80 feet, 2. North 71"25'40" East, 31712 feet; 3 South 00.52'45" West, 80235 feet, to the Northwest Corner of said Lot 10, and to a set 5/8 inch rebar with a plastic survey cap marked "PlS 10782" and the POINT OF BEGINNING; thence, along the North Une of said Section 13. South 89'15'42" East, 966.57 feet; thence South 00.S2'49' Wes!. 45,00 feet, to the Northeast Corner of Lot 1, Block 1 of said Subdivision; thence along the boundary of said subdiVIsIon the fOllOWing three (3) caUs, thence along the North Line of sard lot 10, South 89'10'56" East, 323.02 feet, to a set 5/8 inch rebarwith a plastic survey cap marked "PLS 10782"; thence, continuing, South 89.10'56" East, 2.00 feet. to a pOint on the westerly right"of-way of SW S" Avenue and the Northeast corner of said lot 10, thence, along said right-Of"way, South 00'S3'16" West, 238,80 feet, to the Southeast corner of said lot 10; thence North 69'06'44" West, 2,00 feet, to a set 5/8 inch rebar with a plastic survey cap marked "PLS 1 0762" and a witness corner; thence, continuing, North 89006'44" West, 292,98 feet. to a pomt on the easterly right-ai-way of Pennwood Street, also being an angle point on the boundary of said Lot 10, and a set 5/8 inch rebar with a plastic survey cap marked 'PLS 10782"; thence, along said right-of-way and boundary, North 00"52'45" East, 52.57 feet, to a found 5/8 inch rebar with a plastic survey cap marked "PLS 2394"; thence, North 89'06'44" West. 30,00 feet, to a found 5/8 inch rebar with a plastic survey cap marked "PLS 2394"; thence North 00052'4S" East, 185,83 feet, to the POINT OF BEGINNING; Containing 1.74 acres, more or less, and subject to any easements or flghts-of-way 01 record or otherwise existing . _ _ JnJGT',Trpllrl1'f 1JU3IJU.,~:J. J1lltkUJlml'lrFiP'4ut\'oCj'IPI:utfllli:l"l'-(}50m 11;::<11 no( EXHIBIT B Woodpenn Subdivision PP-05-022, CUP-05-030 Preliminary Platt Site Plan 1~ ~ ~ ~ ! ; ?': ,; It ~ ~J ~! ~~ ~! ~; ~ ~ ! ~ ~ i i ;j ~ ~ a j I !> J U j ~ 1 ~ 5 ~ ~ II j ~ j, ~ , l ~ II ~ ~ ~ f a r ~ ! f i ~ iJ~ r ( ~ , i ~ i ~ ~~ ! ~ ~ 2 ~ ol ~ ~ ~ ~ i j i ~ = ! I j ~ ~ ~t ~ f ( ! ;: !l J~~ 1 @ .0 lJ'i~ ~ ~ l I Ii ! I i ~ 1) 11 ~1l ~; ~ ~ ~ ~ ~ ~ ~ H ~ll~ ~ !. ~~, ~. ft ~ ~ J~ ~1l # ~ ~ .. li li ~ ~ f ~. ;, ~ ~ r ~;i ~ ~ ~ ~ t ~i n g ID : ~ ~!~ i g j ~ f gi ~~ J Id ~ ~~~ ~! a ffi a aK ~~ ~ !iJ ~ . H~ ~! I q h H ~ ~ ~ , ~ ~~ ~~ ~ . I ! n if U 21 :fi ~ s t i if il ii ~l! jif f I J ;i ! ;~ If i~ if~ JJ! i ~ ~ n i r~ ~j f. !~. l" t ; f~ H i il i!:1 !~~ Ji ! I I~;~ l i!!i ~~ ~l! fIll it ! !i h ! ~! jf gf !!! ~i:! :~ f~ i~ ii i1 !I ~~ '~i h~ U!, ~~ tt i~ h j) :1 ~~ !~B !i~ ~M !i !f !i n EXHIBIT D Wood penn Subdivision PP-OS-022, CDP-05-030 Required Findings PRELIMINARY PLA T ANALYSIS Sections 12-3-3.J.2 and 12-3-5.D of Meridian City Code read as follows: In detennining the acceptance of a proposed subdivision, the Commission/Council shall consider the objectives of this title and at least the following: A. The conformance of the subdivision with the Comprehensive Development Plan; This site is currently designated as "Commercial" on the Comprehensive Plan Future Land Use Map and is zoned L-O (Limited Office). In Chapter VII of the Comprehensive Plan, "Commercial" areas are anticipated to provide a full range of commercial and retail to serve area residents and visitors. Uses may include retail, wholesale, service and office uses, multi-family residential, as well as appropriate public uses such as government offices. City Council finds the following Goals, Objectives, and Action items contained in the 2002 Comprehensive Plan to be applicable to this application (staff analysis is in italics below policy): · "Require all commercial businesses to install and maintain landscaping." (Chapter V, Goal III, Objective D, Action item 5) The applicant has proposed extensive landscaping for the site, including a larger than required land use buffer separating this development from the adjoining residential neighborhood to the west. · "Permit new. . .commercial development only where urban services can be reasonably provided at the time of final approval and development is contiguous to the City." (Chapter IV, Goal I, Objective A, Action item 6) This is an infill development site and is readily serviceable by City of Meridian's sanitary sewer and water systems. Meridian Fire and Police have commented that they can serve the property. · "Identify transitional zones to buffer commercial and residential uses, to allow uses such as offices and other low intensity uses. (Chapter VII, Goal I, Objective B, Action item 5) The subject property is zoned L-O (Limited Office) and provides a low impact transition from the C-G zoned properties to the east to the residential properties to the west. City Council finds that if the Commission and Council grant the Applicant the requested modifications with the CUP/PD, and the Applicant complies with the conditions included in this report, the lot configuration and overaU design of the subdivision would be in general conformance with the City of Meridian Comprehensive Plan. B. The availability of public services to accommodate the proposed development; The subject site has adequate access to SW 5th Avenue via the one proposed access point. The City of Meridian Fire and Police Departments currently monitor, service, and protect the subject neighborhood. Sanitary Services Company currently provides refuse service to surrounding properties. City sewer and water services are currently available to this site via existing mains in SW 5th Avenue and the common lot abutting the south property line. The applicant will be responsible to construct sewer mains to and through this proposed development. The applicant shall coordinate main sizing and routing, for any mains required to provide service, with the Public Works Department. Applicant shall execute City of Meridian standard forms of easements, for any mains that are required to provide service. On May 27, 2005, a joint agency/department comments meeting was held with representatives of key service providers to this property. All of the detailed conditions from the Meridian Police Department, Meridian Fire Department, and other agencies/departments are at the end ofthis report. City Council finds that the subject property can be served adequately by all essential public facilities and City services. C. The continuity of the proposed development with the capital improvement program; Because the developer is installing sewer, water, utilities and irrigation, for the development at their cost, City Council finds that the subdivision will not conflict with the capital improvement program. D. The public financial capability of supporting services for the proposed development; City Council finds that the City and its related services are capable of servicing the proposed development. The development will not require major expenditures for providing supporting services. E. The other health, safety or environmental problems that may be brought to the Commission's attention. City Council is not aware of any natural, scenic or historic features in the general vicinity of this project. City Council finds that no site improvements associated with the application should damage natural, scenic or historic features in the area. 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 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 submitted site plan depicts 86 on-site parking stalls. MCC 11-13-5.B.2 requires office uses to provide one on-site parking space for every 400 square-feet of building (gross). Per this requirement, the applicant would be required to provide 53 parking stalls (21,000s.f building/400 = 53 stalls) on the property. M CC 11-13 - 3.A requires off-street parking facili ti es to be designed wi th appropriate means of vehicular access to a street or alley, in a manner which will least interfere with traffic movement. MCC 11-13-4.D requires all off-street parking areas to be paved. MCC 11-13-3 requires parking spaces to be within 300-feet ofthe use served. MCC 11-13-4.F requires 90-degree parking stalls to be 9-feet wide and 19-feet long with a 2S-foot wide drive aisle. The applicant has depicted 20-foot long parking stalls with 6-foot sidewalks. The applicant should be required to install wheel blocks to prevent vehicles from overhanging the sidewalk more than one foot, or increase the sidewalk width to seven feet (7') and reduce the parking space length to nineteen feet (19'). Staff finds that the applicant has shown enough parking to accommodate the proposed office uses and that the parking as shown on the site plan complies with MCC. The developer of Troutner Business Park Subdivision installed the required sidewalk adjacent to SW Sth Avenue and the landscaping currently existing along the western boundary of this site. The applicant is required to provide additional landscaping within the parking areas and a 10-foot landscaped street buffer along SW Sth Avenue. The applicant should be required to place the proposed street buffer within an easement in favor of the Business Owner's Association. (See Preliminary Plat Site Specific Condition #1). Meridian City Code requires a 20 foot (20') land use buffer between the proposed office uses and the existing residential uses to the west. The applicant has shown on the plans a land use buffer that is approximately 40 feet wide, which far exceeds the requirements of the ordinance. City Council finds that the site is large enough to accommodate the proposed uses and all yards (setbacks), open spaces, parking, landscaping and other features required by ordinance. 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; This site is designated as "Commercial" on the Comprehensive Plan Future Land Use Map and zoned L-O. City Council finds that if the applicant complies with the conditions included in this report, the building configurations and overall design of the development would be in general conformance with the City of Meridian Comprehensive Plan and will be in general conformance with the requirements of the Zoning Ordinance. Further, City Council finds that the development plan is consistent with the recorded zoning resolution, development agreement, and previous development approvals granted by the City for this site. See further discussion under Preliminary Plat Analysis Item "A" above. C. That the design, construction, operation, and maintenance will be compatible with other uses in the general neighborhood and with the existing or intended character of the general vicinity and that such use will not adversely change the essential character of the same area; City Council finds that the proposed office buildings should be compatible with other uses in the neighborhood and with the intended character of the general vicinity, which includes a mix of residential, commercial, and office uses. Meridian City Code requires a 20 foot (20') land use buffer between the proposed office uses and the existing residential uses to the west. The applicant has shown on the plans a land use buffer that is approximately 40 feet wide, which far exceeds the requirements of the ordinance. 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 that the proposed use will have an adverse affect on other property in the vicinity if designed, constructed, operated and maintained in accordance with the Site Specific and General Conditions of approval. 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 that the subject property can be served adequately by all essential public facilities and City services. See further discussion under Preliminary Plat Analysis Item "B" above. 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 required to finance the extension of sewer, water, utilities and pressurized irrigation to serve the project. The primary public costs to serve the site will be fire and police services. City Council finds there will not be excessive additional requirements at public cost and that the proposed use will not be detrimental to the community's economic welfare. 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 does not anticipate that the proposed uses, will be detrimental to the general welfare of the community by means of producing excessive traffic, noise, smoke, fumes, glare or odors generated by the proposed uses. 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 piIblic streets; The applicant is not proposing to construct any new vehicular approaches int%ut of the property. ACHD considers vehicular approaches in their analysis of projects and has previously approved the access points for this parcel. City Council finds that the proposed use and associated approaches will not create interference with any traffic on the surrounding public streets. Please refer to the ACHD report for further detail on traffic issues. 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 is not aware of any natural, scenic or historic features in the general vicinity of this project. Staff finds that no site improvements associated with the application should damage natural, scenic or historic features in the area. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the Matter of Preliminary Plat Approval of Four (4) building lots on 1.74 acres and Conditional Use Permit (CUP) Approval for a Commercial Planned Development with reductions to the minimum requirements for street frontage, in a L-O zone for Woodpenn Subdivision, by Pennwood III, LLC. Case No(s). PP-05-022, CUP-05-030 For the City Council Hearing Date of: July 26,2005 A. Findings of Fact 1. Hearing Facts a. A notice of a public hearing was published for two (2) consecutive weeks prior to the City Council public hearing, the first publication appearing and written notice mailed to property owners or purchasers of record within three hundred feet (300') of the external boundaries of the property. The notice of public hearing before the City Council was posted upon the property under consideration more than one week before said hearing. All other noticing was done consistent with Idaho Code ~67- 6509. The matter was duly considered by the City Council at the July 26,2005, public hearing(s). The applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction of the City of Meridian were given full opportunity to express comments and submit evidence. b. Written and oral testimony was received on this matter, as reflected in the records of the City Clerk (for written testimony) and in the official meeting minutes (for oral testimony). c. The Planning and Zoning Commission conducted public hearings and issued a written recommendation on the subject matter to the City Council. d. The City Council heard and took oral and written testimony and duly considered the evidence and the record in this matter. 2. Process Facts a. There has been compliance with all notice and hearing requirements set forth in Idaho Code ~67-6509, 6512, and Meridian City Code ~S 11-15-5 and 11-17-5 as evidenced by the Affidavit of Mailing, and the Affidavit of Publication and Proof of Posting filed with the staff report. 3. Application and Property Facts CITY OF MERlDlAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). PP-05-01 I, CUP-05-013 . PAGE [ of4 a. In addition to the application and property facts noted in the staff report and the Planning & Zoning Recommendation for the subject application(s), it is hereby verified that the property owner( s) of record at the time of issuance of these findings is Troutner Business Park Development Corporation. 4. Required Findings per Zoning and Subdivision Ordinance a. See Exhibit D for the findings required for Preliminary Plat/Conditional Use. B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (tC. ~67- 6503). 2. The Meridian City Council takes judicial notice of its Zoning, Subdivision and Development Ordinances codified at Titles 11 and 12, Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan ofthe City of Meridian, which was adopted August 6, 2002, Resolution No. 02-382 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code ~ 11-17-9. 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning and Zoning Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Legal Description in Exhibit A, the Preliminary Plat/ Site Plan as shown in Exhibit B and the Conditions of Approval in Exhibit D. 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 ~ 12-3-5 and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: I. The applicant's Preliminary Plat as evidenced by having submitted the Preliminary Plat dated April 15,2005 is hereby conditionally approved; and CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISrON & ORDER CASE NO(S). PP-OS-OII, CUP-OS-O 13 - PAGE 2 of4 2. The applicants Conditional Use request is hereby conditionally approved; and 3. The site specific and standard conditions of approval are as shown in Exhibit C. D. Notice of Applicable Time Limits 1. Notice of Twelve (12) Month Preliminary Plat Duration Please take notice that after the date of approval of the preliminary plat, the owner or developer shall have one year within which to file the request for approval of the final plat. After approval of final plat, the owner or developer shall have one year to begin construction of the public utilities and one year thereafter to complete construction of those public facilities. (MCC 12-2-4.B & C.) E. Notice of Final Action and Right to Regulatory Takings Analysis I. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. 2. Please take notice that this is a final action ofthe governing body of the City of Meridian, pursuant to Idaho Code ~ 67-6521 an affected person being a person who has an interest in real property which may be adversely affected by the issuance or denial of the conditional use permit approval may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. F. Exhibits Exhibit A: Legal Description Exhibit B: Approved Preliminary Plat/Site Plan Exhibit C: Conditions of Approval Exhibit D: Required Findings for Preliminary Plat/Conditional Use Permit By action ofthe City Council at its regular meeting held on the .21o~ :l11 II ,2005. o day of COUNCIL MEMBER SHAUN WARDLE VOTED~ COUNCIL MEMBER CHRISTINE DONNELL VOTED~ CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). PP-OS-OII, CUP-OS-013 - PAGE 3 of 4 COUNCIL MEMBER CHARLIE ROUNTREE VOTED~ COUNCIL MEMBER KEITH BIRD VOTED~ MAYOR TAMMY de WEERD (TIE BREAKER) VOTED --- J Attest: J ill' {I! epartment, Public Works Department and City Attorney. By: ~1 (1 )VI ~J\ ~ ~ IV\ , City Clerk's Office Dated: ~-\-oS CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). PP-05-011, CUP-05-0l3 - PAGE4 of4 EXHIBIT A Woodpenn Subdivision PP-05-022, CUP-05-030 Legal Description mOO~VAlLEY&~~ Lot 10, Block 1, Troutner Park Subdivision Job No. 05007 4/12/2005 land in lot 10, Block 1 of Troutner Park SubdiVisIon. as per the Plat thereof, in Book 75, at Pages 7762-7764, Ada County Plat Records, Within the NE1/4 of Section 13, T3N. R1E. S.M., City of Meridian, Ada County. Idaho, described as follows COMMENCING at the Northwest Corner of said NE1I4 (North 1/4 corner of Section 13), marked by a brass cap as per corner perpetuation record, lnst. No. 98117248; thence, along the North Une of said Section 13, South 89'15'42" East, 96657 feet; thence South 00'52'49' West. 45.00 feet. to the Northeast Corner of Lotl, Block 1 of said Subdivision; thence along the boundary of said SubdiVISIOn the fOflowmg three (3) calfs; 1. South 00"52'49' West, 56680 feet; 2 North 71025'40" East, 317.12 feet; 3. South 00'52'45" West, 80235 feet, to the Northwest Corner of said Lot la, and to a set 5/8 inch rebar with a plastic survey cap marked "PLS 10782" and the POINT OF BEGINNING. thence along the North Line of said Lot 10, South 89'10'56" East, 32302 feet, to a set 5/8 inch rebarwith a plastic survey cap marked "PLS 10782"; thence, continuing, South 89'10'56" East. 200 feet. to a POlOt on the westerly right-of-way of SW 5'" Avenue and the Northeast Corner of said lot 10, thence. along said right-of-way, South 00'53'16" West, 23880 feet. to the Southeast corner of said lot 10; thence North 89.06'44" West, 2.00 feet. to a set 5/8 Inch rebar with a plastic survey cap marked 'PLS 10782" and a witness corner; thence, continuing, North 69006'44" West, 292.98 feet, to a point on the easterly right-of-way of Pennwood Street. also being an angle point on the boundary of said lot 10. and a set 5/8 inch rebar with a plastic survey cap marked 'PLS 10782"; thence, along said right-Of-way and boundary, North 00"52'45" East 52,57 feet, to a found 5/8 Inch rebar with a plastic survey cap marked "PLS 2394", thence. North 89.06'44" West, 30.00 feet. to a found 5/8 inch rebar With a plastic survey cap marked "PLS 2394'; thence North 00052'45" East, 185.83 feet, to the POINT OF BEGINNING. Containing 1.74 acres, more or less, and subject to any easements or nghts-of-way of record or otherwise existing. .' .. f'.UOTllr'lIlInC{ Uu~mc.:'i:;' f..."lo;\Or;m'/1&f;5ur~'cY\P!<InfIl131'.!J5(il)71-cg:;1 OOC EXHIBIT B Woodpenn Subdivision PP-05-022, CUP-05-030 Preliminary Plat! Site Plan f~ , ii~ ~~ if n j ~ ~i~ !! i~~ ~ J ~ 3 ! t ~~. .! ;~~ : 2 i ~ I 3?~ i; i ~ j ~ ~ ~i J ~ .; ~!! ~ ~ II ~ j~ ~!; : j ~U ~ ~ ~ ~ B i~ !i i ~ i i~" j ~ ! i f fi ~~ I !! ~~~ j D j ~ ~ d a J ~ ~ i ~ ~ ~ j h ~~ ~; ~;~; h ~ ; i d 1! ~~ ~ ~I~ ~ ! 2 I 2 ~g ~I ii r~ :~~ i i~ ~ h ~ if II' I; ~}~ i~i =. i'~ ~ D~ ~ ~J hi ~~! ~g :tl~ Ii ;~ ~ ~I~:!~ E~i ili ) ; j~ ii i ;;:i ~i GK; H~ 3 g ~f J~ I d~: h };; (~fs !i i !I i,l ; II U ~t i!i ~HI If "I . i j ~~ g~ 21; ~~~i j! i~ i~ ii . .f i. ~ 'i~~ ~Ii t.t~1 ~1 t< n" ~~ ~! ~! f~ h~ IH ;;U Ii Jf Ii Ii ...; EXHIBIT D Woodpenn Subdivision PP-05-022, CUP-05-030 Required Findings PRELIMINARY PLAT ANALYSIS Sections 12-3-3.1.2 and 12-3-5.D of Meridian City Code 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; This site is currently designated as "Commercial" on the Comprehensive Plan Future Land Use Map and is zoned L-O (Limited Office). In Chapter VII of the Comprehensive Plan, "Commercial" areas are anticipated to provide a full range of commercial and retail to serve area residents and visitors. Uses may include retail, wholesale, service and office uses, multi-family residential, as well as appropriate public uses such as government offices. City Council finds the following Goals, Objectives, and Action items contained in the 2002 Comprehensive Plan to be applicable to this application (staff analysis is in italics below policy): · "Require all commercial businesses to install and maintain landscaping." (Chapter V, Goal III, Objective D, Action item 5) The applicant has proposed extensive landscaping for the site, including a larger than required land use buffer separating this development from the adjoining residential neighborhood to the west. · "Permit new. . .commercial development only where urban services can be reasonably provided at the time of final approval and development is contiguous to the City." (Chapter IV, Goal I, Objective A, Action item 6) This is an infill development site and is readily serviceable by City of Meridian's sanitary sewer and water systems. Meridian Fire and Police have commented that they can serve the property. · "Identify transitional zones to buffer commercial and residential uses, to allow uses such as offices and other low intensity uses. (Chapter VII, Goal I, Objective B, Action item 5) The subject property is zoned L-O (Limited Office) and provides a low impact transition from the C-G zoned properties to the east to the residential properties to the west. City Council finds that if the Commission and Council grant the Applicant the requested modifications with the CUP/PD, and the Applicant complies with the conditions included in this report, the lot configuration and overall design of the subdivision would be in general conformance with the City of Meridian Comprehensive Plan. B. The availability of public services to accommodate the proposed development; The subject site has adequate access to SW 5th Avenue via the one proposed access point. The City of Meridian Fire and Police Departments currently monitor, service, and protect the subject neighborhood. Sanitary Services Company currently provides refuse service to surrounding properties. City sewer and water services are currently available to this site via existing mains in SW 5th Avenue and the common lot abutting the south property line. The applicant will be responsible to construct sewer mains to and through this proposed development. The applicant shall coordinate main sizing and routing, for any mains required to provide service, with the Public Works Department. Applicant shall execute City of Meridian standard forms of easements, for any mains that are required to provide service. On May 27, 2005, a joint agency/department comments meeting was held with representatives of key service providers to this property. All of the detailed conditions from the Meridian Police Department, Meridian Fire Department, and other agencies/departments are at the end of this report. City Council finds that the subject property can be served adequately by all essential public facilities and City services. c. The contin'uity of the proposed development with the capital improvement program; Because the developer is installing sewer, water, utilities and irrigation, for the development at their cost, City Council finds that the subdivision will not conflict with the capital improvement program. D. The public financial capability of supporting services for the proposed development; City Council finds that the City and its related services are capable of servicing the proposed development. The development will not require major expenditures for providing supporting services. E. The other health, safety or environmental problems that may be brought to the Commission's attention. City Council is not aware of any natural, scenic or historic features in the general vicinity of this project. City Council finds that no site improvements associated with the application should damage natural, scenic or historic features in the area. 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 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 submitted site plan depicts 86 on-site parking stalls. MCC 11-13-5.B.2 requires office uses to provide one on-site parking space for every 400 square-feet of building (gross). Per this requirement, the applicant would be required to provide 53 parking stalls (21,000s.f building/400 = 53 stalls) on the property. MCC 11-13-3.A requires off-street parking facilities to be designed with appropriate means of vehicular access to a street or alley, in a manner which will least interfere with traffic movement. MCC 11-13-4.D requires all off-street parking areas to be paved. MCC 11-13-3 requires parking spaces to be within 300-feet ofthe use served. MCC 11-13-4.F requires 90-degree parking stalls to be 9-feet wide and 19-feet long with a 2S-foot wide drive aisle. The applicant has depicted 20-foot long parking stalls with 6-foot sidewalks. The applicant should be required to install wheel blocks to prevent vehicles from overhanging the sidewalk more than one foot, or increase the sidewalk width to seven feet (7') and reduce the parking space length to nineteen feet (19'). Staff finds that the applicant has shown enough parking to accommodate the proposed office uses and that the parking as shown on the site plan complies with MCC. The developer of Troutner Business Park Subdivision installed the required sidewalk adjacent to SW 5th Avenue and the landscaping currently existing along the western boundary of this site. The applicant is required to provide additional landscaping within the parking areas and a 10-foot landscaped street buffer along SW 5th Avenue. The applicant should be required to place the proposed street buffer within an easement in favor of the Business Owner's Association. (See Preliminary Plat Site Specific Condition #1). Meridian City Code requires a 20 foot (20') land use buffer between the proposed office uses and the existing residential uses to the west. The applicant has shown on the plans a land use buffer that is approximately 40 feet wide, which far exceeds the requirements of the ordinance. City Council finds that the site is large enough to accommodate the proposed uses and all yards (setbacks), open spaces, parking, landscaping and other features required by ordinance. 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; This site is designated as "Commercial" on the Comprehensive Plan Future Land Use Map and zoned L-O. City Council finds that if the applicant complies with the conditions included in this report, the building configurations and overall design of the development would be in general conformance with the City of Meridian Comprehensive Plan and will be in general conformance with the requirements of the Zoning Ordinance. Further, City Council finds that the development plan is consistent with the recorded zoning resolution, development agreement, and previous development approvals granted by the City for this site. See further discussion under Preliminary Plat Analysis Item "A" above. C. That the design, construction, operation, and maintenance will be compatible with other uses in the general neighborhood and with the existing or intended character of the general vicinity and that such use will not adversely change the essential character of the same area; City Council finds that the proposed office buildings should be compatible with other uses in the neighborhood and with the intended character of the general vicinity, which includes a mix of residential, commercial, and office uses. Meridian City Code requires a 20 foot (20') land use buffer between the proposed office uses and the existing residential uses to the west. The applicant has shown on the plans a land use buffer that is approximately 40 feet wide, which far exceeds the requirements of the ordinance. D. That the proposed use, if it complies with aU conditions of the approval imposed, will not adversely affect other property in the vicinity; City Council does not anticipate that the proposed use will have an adverse affect on other property in the vicinity if designed, constructed, operated and maintained in accordance with the Site Specific and General Conditions of approval. 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 that the subject property can be served adequately by all essential public facilities and City services. See further discussion under Preliminary Plat Analysis Item "B" above. 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 required to finance the extension of sewer, water, utilities and pressurized irrigation to serve the project. The primary public costs to serve the site will be fire and police services. City Council finds there will not be excessive additional requirements at public cost and that the proposed use will not be detrimental to the community's economic welfare. 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 does not anticipate that the proposed uses, will be detrimental to the general welfare of the community by means of producing excessive traffic, noise, smoke, fumes, glare or odors generated by the proposed uses. H. That the proposed use will have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public streets; The applicant is not proposing to construct any new vehicular approaches int%ut ofthe property. ACHD considers vehicular approaches in their analysis of projects and has previously approved the access points for this parcel. City Council finds that the proposed use and associated approaches will not create interference with any traffic on the surrounding public streets. Please refer to the ACHD report for further detail on traffic issues. 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 is not aware of any natural, scenic or historic features in the general vicinity of this project. Staff finds that no site improvements associated with the application should damage natural, scenic or historic features in the area. BEFORE THE MERIDIAN CITY COUNCIL C/C July 26, 2005 IN THE MATTER OF THE APPLICATION OF FARWEST, LLC FOR FINAL PLAT APPROVAL FOR 241 SINGLE-FAMILY RESIDENTIAL BUILDING LOTS AND 11 COMMON AREA LOTS ON 72.53 ACRES IN AN R-4 ZONE LOCATED EAST OF NORTH MERIDIAN ROAD AND NORTH OF EAST MCMILLAN ROAD IN A PORTION OF T. 4N., R. IE., SECTION 30 CASE NO. FP-05-043 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 July 26, 2005, and the Council finding that the 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: July 26,2005, 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: I" The Final Plat of"PLA T SHOWING SAGUARO CANYON SUBDIVISION NO.3 LOCATED IN A PORTION OF T. 4N., R. IE., SECTION 30, BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO 2005, HANDWRITTEN DATE: 06/15/05, ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR SAGUARO CANYON SUBDIVISION NO.3 I (FP-05-043) Page 1 of 4 SHEET I OF 5, BRIGGS ENGINEERING, INC.", FARWEST, LLC, Developer, is Conditionally Approved subject to those conditions of Staff comments as set forth in the Memorandum to the Mayor and City Council from Sonya Allen, Assistant City Planner for the Planning and Zoning Depmiment and Michael Cole, Development Services Coordinator for the Public Works Department, dated: Heating Date: July 26, 2005, listing 17 SITE SPECIFIC REQUIREMENTS/FINAL PLAT and 14 GENERAL REQUIREMENTS, a true and correct copy of which is attached hereto marked Exhibit "A", and consisting of 5 pages, and by this reference incorporated herein, and the response letter from Farwest, LLC, a true and conect copy of which is attached hereto marked Exhibit "B" and consisting of 1 page, and by this reference incorporated herein, and the additional requirements from the action of the Council taken at their July 26,2005 meeting as follows, to-wit: 1. ] Adopt the Recommendation of the Central District Health Depmiment as follows: The Central District Health requires after written approval from the appropriate entities are submitted, they can approve this proposal for central sewage and central water; that plans must be submitted to and approved by the Idaho Department of Health and Welfare, Division of Environmental Quality for central sewage and central water; that run-off is not to create a mosquito breeding problem; and it is suggested that the stonnwater 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: ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR SAGUARO CANYON SUBDIVISION NO.3 I (FP-05-043) Page 2 of 4 I. State of Idaho Catalog of Stonnwater Best Management Practices for Idaho Cities and Counties. Prepared by the Idaho Division of Enviromnental Quality, July 1997. 2. Stonnwater Best Management Practices Guidebook. Prepared by City of Boise Public Works Department, May 2000. 2. The final plat upon which there is contained the Celiification and signature of the City Clerk and the City Engineer verifYing that the plat meets the City's requirements shall be signed only at such time as: 1. The Plat dimensions are approved by the City Engineer; and 2. The City Engineer has vetified 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 REGULA TORY T AKINGS ANALYSIS The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code S 67-6521. An affected person being a person who has an interest in real property which may be adversely affected by this decision may, within twenty-eight (28) days ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR SAGUARO CANYON SUBDIVISION NO.3 / (FP-05-043) Page 3 of 4 after the date of this decision and order, seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. By action ofthe City Council at its regular meeting held 011 the 2.1o ih day of ~lll\\~ ,2005. Attest: By: "i""'~"",.,l. Tammy de , \l'i:~ayor, Cit "\ j J' J.?/~ jl)~partment, Public Works Department, and William G. Berg, Jr., City Cler \ 1\, Copy served upon Applicant, the Pldi'u:t~n City Attorney. -"," ByJ h III \'\il A~ I 0 lV'- City Clerk's Office Dated: ~~4 -05 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR SAGUARO CANYON SUBDIVISION NO.3 I (FP-05-043) Page 4 of 4 T.lllIlII~ dd\T<'rd 1.I(i.\1 lJll'i\IU ~1l1\ 1 l~n~I.Ir.(, 1)~72 . ,.~" _I<'('''!~II~ Cll Y COl :I\'CII J\1ri1IBERS Olli'llI1~ Dnlllll'll Sh,llIll Wimlk Cl\;uk,; ;'vl. R{ll1l111~~ clfe>-;dldJ1 I'l'lll Ie \V()RI~S BlIILlllNC, IlH'AIUMI1\1 12IIXI ,'!s-55m. ,.,,~ Xin-12q. PI ANNINet AND /ONIN<i D!::I'AIn'j\'II'N r (~oX)ii~4-55J3 f'AX XXX-('S5.' If:. ',"11 ,;: ,',.;",\' STAFF REPORT: Hearing Date: July 26,2005 Transmittal Date: July 2 [ , 2005 To: Mayor and City Council Sonya Allen, Assistant City Planner /17 Michael Cole, Development Services Coordinator ((I, C From: Re: Saguaro Canyon Subdivision No.3 Final Plat approval of 241 Single-Family Residential Building Lots and II Common Lots on 72.53 Acres in an R.4 Zone, by Farwesl, LLC (File No. FP-05- 043). 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 applicanl, Farwest, LLC, has applied for Final Plat approval of 241 single-family residential building lots and J J common lots on 72.53 acres of land for Saguaro Canyon Subdivision No.3. The 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 4.1 d.u.lacre. Saguaro Canyon Subdivision No. 3 is located approximately Vz mile north of E. McMillan Road, approximately l,4mile east of N. Meridian Road, in a portion of Section 30, TAN., R.IE. The conunon area lots within the subdivision consist of landscaping, open space, drainage, pathways, and a park. The pressurized irrigation system within this development is to be owned and maintained by Settler's Irrigation District. A Conditional Use Permit/Planned Development was approved for this subdivision which allowed for reductions to the minimum requirements for the R-4 zone for the following: lot size (from 8,000 s.f. to 5,735 s.f.), house size (from 1,400 s.f. to 1,201 s.f.), street frontage pp W-05-043 Exhibit "A" Saguaro Canyon Suh3 FP.dm; Mayor & City Council Hearing Date: July 26, 2005 Page 2 (from 80-f1. to 60-f1. for perpendicular streets and from 40-ft. to 30-ft. for cul-de-sacs/curves), and cui-dc-sac length (from 450-f1. to 550-ft.). Tbe final plat sbows 18 lots fewer than were approved on the preliminary plat; however, building lots are now larger in size and open space has increased. The applicant states that this modification is due to a change in market conditions. Statlhas no concems with the proposed changes and the submiltcd final plat still substantially complies with the approved Preliminary Plat. Staff recommends approval of Saguaro Canyon Subdivision No. 3 with the comments and conditions stated in this report. SITE S.pECIFIC COMMENTS /J:IN AL PLAT I. Applicant is to meet all terms of the approved Conditional Use Penuit (CUP-03-0SS), Preliminary Plats (PP-03-032 & PP-05-00 I) and Development Agreement (fnsL No. 104089430). 2. No more than 236 building permits may be issued within all phases of Sa!,'11aro Canyon Subdivision until such time as a second vehicular access is available to a public street. When a second public access is available, the applicant shall comply with the condition #8 page 7 of the Development Agreement (Instrument #104089430/AZ-03-027), which states the applicant must relinquish rights to the ingress/egress easement currently enjoyed by the Boyack property (now proposed as Phase 4) or offer it for sale to the property owners to the north and the south, at appraised fair market value. (The intent of this condition is to prohibit the use of said ingress/egress easement by Saguaro Canyon Subdivision for any purpose after the issuance of the 236lh building permit.) 3. Fencing must be in compliance with MCC 12-4-10. 4. Revise the following notes on the face of the plat dated 6/15/05: (I.) "...Meridian City street lights over the~ ten and hal[(IO Y2) feet adjacent to any.. ." The extra width is necessary, because of the sidewalk encroaching out of the right-of-way, to obtain a lO-foot free and clear easement. (3.) Add Lot 9, Block 33 as a non-buildable lot. (3.)"SaiEl Let 29, Breek 1, is eEl eree Sj a alarucct eil) sf Heri~ easemeffi.:." This lot is not shown on the plat for this phase. (12.) Delete note. Does not apply to this phase. 5. The applicant has indicated that Settler's Irrigation District will own and maintain the pressure irrigation system within this development. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. If a creek or well source is not available, a single-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer shall be responsible for Pf'-05-043 ?-P Exhibit "A" SagUl1ro Canyon Sub3 F!'.doc Mayor & City Council Ilearing Date: July 26,2005 P age ~ the payment of assessments for the in'jgabJe common areas prior to signature on the final plat by the Meridian City Engineer. 6. Graphically depict a IS-foot wide special setback in the following locations. The setback is needed to comply with ldaho Depaliment of Environmental Quality Catalog of Best Management Practices that require 20-feet of separation bctween underground stonn drainage facilities and building foundations. A note on the plat shall be added that references this infonnation. a) East boundary of Lot 8, Block 21. b) West boundary of Lot 10, Block 21. 7. Graphically depict a 20-foot wide special setback in the following locations. The setback is needed to comply with Idaho Department of Environmental Quality Catalog of Best Management Practices that require 20-feet of separation between underground stOlm drainage facilities and building foundations. A 110te of the plat shall be added that references this information. a) Southern boundary of Lots [2, 38; Btock 31. b) Notihem boundary of Lots [4,37; Block 31. 8. Graphically depict a 5-foot wide Public Utilities, Drainage and Irrigation easement in the following locations. They are interior lot lines to an existing phase. a) Southern boundary of Lot 2, Block 21. b) Southern boundary of Lots 3, 12; Block 20. c) Southern boundary of Lot 3, Block 19. 9. A pennanent public pedestrian easement shall be created for the lots that contain the multi-use pathway, and recorded prior to issuance of any building pennits within the subdivision. The easement and/or right-of-way shall be sufficient width to cover the 10- foot wide pathway shown. The hard surfaced pathway shall be constructed and fully improved prior to the issuance of the first Certificate of Occupancy for any building within this phase of the subdivision. Applicant shall work with the City Parks Dept. and conform to the Park's Dept. standards for construction of the pathway. The Homeowner's Association is responsible for maintenance of all landscaping adjacent to the pathway. (no note is necessary on plat) 10. All irtigation ditches, laterals or canals, excJ usi ve 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 irtigationJdrainage district, or lateral users association (ditch owners), with written approval or non-approval submitted to the Public Works Department. ]f lateral users association approval can't be obtained, alternative plans shall be reviewed and approved by the Meridian City Engineer prior to final plat signature. .YP'-OS-043 'f? Exhibit "A" Saguaro Canyon Suh3 FP.doc Mayor & City Council Hearing Date: July 26, 2005 Page 4 11. Applicant shall be required Lo pay Public Works development plan revicw, and construction inspection fees, as dctcnnincd during the plan review process, prior to signature On the final plat per Resolution 02-374. 12. Complete the Certificate of Owners. ! 3. All areas being counted toward the] 0% open space amenity shall be free of "wet ponds" or other such nuisances. All stormwater detention facilities incorporated into the required open space are subject to MCC 12-13-14 and shall be fully vegetated with grass and trees. 14. Water service to this site is being proposed via an extension of water mains located in Saguaro Canyon #2. The applicant shall construct water mains to and through this proposed development. Coordinate size and routing with Public Works. Applicant shall execute City of Meridian standard fonns of easements, for any mains that are required to provide servicc. 15. Sanitary sewer service to this site shall be via main line extensions from the N011h Slough Trunk that was recently constructed by the City of Meridian. The applicant will be responsible for constructing the lateral sewer to and through this proposed development, thereby making them available to adjacent properties. The subdivision designer is responsible for coordinating main sizing and routing with the Public Works Department. 16. Applicant shall submit a "FINAL" street name approval letter from the Ada County Street Name Committee prior to signature on the final plat by the Meridian City Engineer. 17. Staffs fai lure to cite specific ordinance provisions, or tenns of the approved Development Agreement, Conditional Use Pennit, or Preliminary Plat does not relieve the Applicant of responsibility for compliance. GENERAL REOUIREMENTS 1. Any tree over 4" in caliper that is removed from the propelty 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 trecs that have to be removed. 2. Street signs are to be in place, water system shall be approved and activated, fencing shall be installed, drainage lots constructed, road base shall be approved by the Ada County Highway District, and the Final Plat for this subdivision shall be recorded, prior to applying for building pennits. .w~05-04J 0' Exhibit "A" Saguaro Canyon SubJ FP.dl1l: Mayor & City Counei I Hearing Date: July 26,2005 Page 5 3. A letter of credit or cash surety in the amount of 110% will be required for all uncompleted fencing, landscaping, amenities, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the final plat. 4. All development improvements, including but not limited to sewer, fencing, micro-paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy. 5. All grading of the site shall be perfonned in confonnance with MCC 11-12-3H. 6. It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act 7. Applicant shall be responsible for application and compliance with any NPDES Pennitting that may be required by the Enviraillnental Protection Agency. 8. Applicant shall be responsible for application and compliance with any Section 404 Pennitting that may be required by the Army Corps of Engineers. 9. Any existing domestic wells and/or septic systems within this project will have to be removed trom their domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells may be llsed for non-domestic purposes such as landscape irrigation. ] O. One-hundred watt, high-pressure sodium streetlights will be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. Final design locations and quantity are determined after power designs are completed by Idaho Power Company. The street light contractor shall obtain design and pennit from the Public Works Department prior commencing instal1atians. I I. Compaction test results must be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fi 11 material. 12. Applicant's engineer will be required to submit a signed, stamped statement certifying that all street finish centerline elevations are set a minimum of three feet above the highest establishcd normal groundwater elevation. 13. Coordinate fire hydrant placement with the City of Meridian Public Works Department. 14. Developer shall coordinate mailbox locations with the Meridian Post Office. STAFF RECOMMENDATION Staff recommends approval ofthc final plat with the above stated comments and conditions. ..w'..U5-043 Vf Exhibit "A" Saguaro C'anyull SubJ FP.doc .1. '.~(I. ;111M: 1-.'(1. q::.1 ~ P.I /.: /~Y;a/(((~6rt ~:t?) July 25, 2005 Mayor mill City Council City (1C\1el'idi<ln 33 East Idaho Avt.'11Ue Meridian, ill 83642 Re: Saguaro Call}'on Suhdi....isioll i'lo. 3 Final Plat (File No. FP 05-043) Dt",lr :Vlayor and Council: The [OIlOWlll& if; in respouse 10 stuffscomlHtnts. APPLIC AT10N SUtvl}.A A 'RJ ..~1g_GAn01\ StTE SPECIFTC REOlHREMENTS The Applicant agrees with all Site Speciti.:,; Comments. (No J -17) GENERAL REOlIIREMF."lTS ') The Applicant <lgree~ with all gCll1~mL requirements. (!\<(J I" 14) We bdic\'e tIns leller address\;s all of'l{)uYconcc:rns. Please feel free to call m~ if you have lltldilionnl comment:; or YUt'.iiliollS, . Sincerely, I/'~>??;.>t"-:~='-' -.- - ,./JllSUn M:n1111 Briggs Engineering In!:. ;' 'i\:. I ~/!I..,ni-~., }(1(r.Ot:. . 'h, It I~J ~8,t.'.w. .~l!:Jt.r .~~'t ~~ J.,l t :',~. ~/ ....I.'J~~~( 'lIi'V' ~);;d. ,:.:Jc J.~).\'i(l: ~~(~./ ( BEFORE THE MERIDIAN CITY COUNCIL C/C July 26, 2005 IN THE MATTER OF THE APPLICATION OF LAND PRO DEVELOPMENT, LLC FOR FINAL PLAT APPROVAL OF 36 SINGLE- FAMILY RESIDENTIAL BUILDING LOTS AND 5 COMMON AREA LOTS ON 6.26 ACRES IN AN R-8 ZONE LOCATED EAST OF NORTH TEN MILE ROAD AND ON THE NORTH SIDE OF WEST PINE STREET IN A PORTION OF THE SW ~ OF THE NW ~ OF T. 3N., R. 1 W., SECTION 11 CASE NO. FP-05-04s 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 July 26, 2005, and the Council finding that the 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: July 26, 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: I. The Pinal Plat of "PLAT SHOWING LYNDHURST GROVE SUBDIVISION LOCATED IN A PORTION OF THE SW 1,; OF THE NW 1,; OF T. 3N., R. TW., ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR LYNDHURST GROVE SUBDIVISION / (FP-05-045) Page 1 of 4 SECTION II, BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO 2005, HANDWRITTEN DATE: OS/24/05, SHEET 1 OF 3) BAILEY ENGINEERING, INC.", LAND PRO DEVELOPMENT, INC.) Developer, is Conditionally Approved subject to those conditions of Staff comments as set folih in the Memorandum to the Mayor and City Council from Sonya Allen, Assistant City Planner for the Planning and Zoning Depaliment and Michael Cole, Development Services Coordinator for the Public Works Depmiment, dated: Hearing Date: July 26,2005, listing 23 SITE SPECIFIC REQUIREMENTS/FINAL PLAT and 12 GENERAL REQUIREMENTS, a true and correct copy of which is attached hereto marked Exhibit HA", and consisting of 5 pages, and by this reference incorporated herein, and the response letter from Bailey Engineering, Inc.) a true and COITect copy of which is attaches hereto marked Exhibit "B" and consisting of 1 page, and by this reference incorporated herein, and the additional requirements from the action ofthe Council taken at their July 26,2005 meeting as follows, to-wit: 1.1 Adopt the Recommendation of the Central District Health Depaliment as follows: The Central District Health requires after written approval from the appropriate entities are submitted, they can approve this proposal for central sewage and central water; that plans must be submitted to and approved by the Idaho Depaliment of Health and Welfare, Division ofEnviromnental Quality for central sewage and central water; that run-off is not to create a mosquito breeding problem; and it is suggested that the storm water be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality; that engineers and architects should ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR LYNDHURST GROVE SUBDIVISION / (FP-05-045) Page 2 of 4 obtain current best management practices for stonnwater disposal and design a stonnwater management system that is preventing groundwater and surface water degradation. Manuals for guidance: 1. State of Idaho Catalog of Stonnwater Best Management Practices for Idaho Cities and Counties. Prepared by the Idaho Division of Environmental Quality, July 1997. 2. Stonnwater Best Management Practices Guidebook. Prepared by City of Boise Public Works Depaliment, May 2000. 2. The final plat upon which there is contained the Celiification and signature of the City Clerk and the City Engineer velifYing that the plat meets the City's requirements shall be signed only at such time as: 1. The Plat dimensions are approved by the City Engineer; and 2. The City Engineer has verified that all off-site improvements are completed and/or the appropriate letter of credit or cash has been issued guaranteeing the completion of off-site and required on-site improvements. NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAKINGS ANALYSIS The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR LYNDHURST GROVE SUBDIVISION I (FP-05-045) Page 3 of4 Please take notice that this is a final action of the governing body of the City of Meridiml, pursumlt to Idaho Code S 67-6521. An affected person being a person who has an interest in real propeliy which may be adversely affected by this decision may, within twenty-eight (28) days after the date of this decision and order, seek ajudicial review as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held on the 2u \h day of =1; I \ I a , 2005. Attest: BY:~~ TanuTIY de rd '~':~C;('i.Mayor, City of Meridian "~" ~; ~' J ~i epartment, Public Works Depmtment, and I -;-. _ William G. Berg, Jr., City Cler1\. "~(j. Copy served upon Applicant, the P City Attomey. By:, 111. t Vl~ Q 0 I\'U City Clerk's Office Dated: 8~4{'F, ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR LYNDHURST GROVE SUBDIVISION I (FP-05-045) Page 4 of 4 MA VOR Tammy de Weenl PUBLIC WORKS BUILDING DEPARTMENT (208) 898-5500 . Fax (208)898-955 I PLANNING AND ZONING DEPARTMENT (208) 884.5533 . Fax 888-6854 CITY COUNCIL MEMBERS Keith Bird Clu;stille DOllllCJl Shaull Wardle Charles M. Rountree STAFF REPORT: Hearing Date: July 19,2005 Transmittal Date: July 12, 2005 To: Mayor and City Council Sonya Allen, Assistant City Planner (fJf.. Michael Cole, Development Services Coordinator (1'\ c.. From: Re: Lyndhurst Grove Subdivision Request for Final Plat approval of 36 Single-family Residential Building Lots and 5 Common Lots on 6.26 Acres in an R-8 Zone by Land Pro Development, LLC (File No. FP-05-045). 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, Land Pro Development, LLC, has applied for Final Plat approval of 36 single- family residential building lots and 5 common lots on 6.26 acres of land for Lyndhurst Grove Subdivision. The zoning designation for the proposed subdivision is R-8 (Medium Density Residential). The proposed gross density of the subdivision is 5.75 dwelling units per acre. The proposed net density is 7.86 dwelling units per acre. Lyndhurst Grove Subdivision is located at 2820 W. Pine Street, in the NW ~ of Section II, T.3N., R.IW. A Conditional Use PennitlPlanned Development was approved for this subdivision that allowed for reductions to the minimum frontage allowed for attached lots (50-ft. for non cul-de-sac lots) and minimum lots size for attached lots (3,600 s.f.) and detached lots (4,500 s.f.). The submitted Final Plat substantially complies with the approved Preliminary Plat. Staff recommends approval of Lyndhurst Grove Subdivision with the comments and conditions stated in this report. FP-05-045 Exhibit "A" Lyndhurst Grove Sub FP.doc Mayor & City Council Hearing Date: July 19, 2005 Page 2 SITE SPECIFIC COMMENTS / FINAL PLAT 1. Applicant is to meet all tenns of the approved AIUlexation (AZ-05-0 II), Conditional Use Pennit (CUP-05-015), and Preliminary Plat (PP-05-013) for this subdivision. 2. Fencing must be in compliance with MCC 12-4-10 and 12-13-15-9. 3. Revise or add the following notes on the face of the plan dated 5/24/05: (9.)"Direct lot access to W. Pine Street is prohibited unless speeifieallj alIa, eEl 8) the ,^daCaBFlt) Rigtl, a) Distriet amI Cit) ef}fericliaFl." (10.) Strike this note, no sewer lift station is being proposed on this lot. 4. The landscape plan, dated 5/23/05, shall be revised as follows: Reduce the height of the fencing along the micropath on Lot 1, Block 2 from 5-ft. to 4-ft. if constructed of a solid material. b. Include fencing on the landscape plan as shown on the reduced (8.5" x 11 ") fencing plan submitted with the final plat application. c. Provide a detail of the proposed playground equipment for the tot lot. 5. The applicant has indicated that the Home Owners' Association or Nampa Meridian Irrigation District will own and maintain the pressure irrigation system within this development. If the system is to remain private, plans and specifications shall be reviewed by the Public Works Depaliment, and a draft copy of the pressurized irrigation system Operations and Maintenance Manual shall be submitted prior to signature on the final plat by the City of Meridian Engineer. If the system is to be owned and maintained by Nampa and Meridian lITigation District, evidence of a license agreement with NMID shall be provided to Public Works prior to scheduling of a pre-construction meeting. 6. The City of Meridian requires that pressurized inigation systems be supplied by a year- round source of water. If a creek or well source is not available, a single-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer shall be responsible for the payment of assessments for the irrigable common areas prior to signature on the final plat by the Meridian City Engineer. 7. Move the graphically depicted Public Utilities, Drainage and Irrigation easement from the north side, of the boundary between Lots 10, II, Block 2, to the south side. The construction plans show the irrigation main in this location. 8. Indicate all adjacent platted subdivision on the face of the plat; in particular the nOliheast propelty line of this project abuts Have Cove #8. 9. Correct the domestic water service origin statement in the Celiificate of Owners to reference City of Meridian instead of United Water ofIdaho. FP-05-045 Exhibit "A" Lyndhurst Grove Sub FP.doc Mayor & City Council Hearing Date: July 19, 2005 Page 3 10. Indicate in the Certificate of Owners "The Real Point of Beginning". 11. The bearing on the face of the plat, from the Southeast corner of the NOlihwest quarter, does not match the bearing in the Celiificate of Owners. Please make the necessary cOITections. 12. Except for the Eight Mile Lateral, all irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per City Ordinance 12-4-13. Plans will need to be approved by the appropriate ilTigationidrainage district, or lateral users association (ditch owners), with written approval or non-approval submitted to the Public Works Depmiment. If lateral users association approval can't be obtained, plans will be reviewed and approved by the Metidian City Engineer prior to final plat signature. 13. The applicant shall work with the City Parks Department to acquire the necessary approvals through the City's Master Pathway Agreement with the Nampa Meridian Irrigation District (NMID) for the multi-use pathway and bridge crossing of the Eight Mile Lateral. The applicant shall conform to the Parks Depaliment's standards for construction of the pathway and NMID's requirements for the pedestrian bridge crossing. The Home Owners' Association shall be responsible for maintenance of all landscaping adjacent to the pathway. 14. A Celiificate of Zoning Compliance is required to be obtained from the City prior to construction of any permanent structures on the proposed park lot. 15. Prior to signature on the final plat by the City Engineer, relocate the existing single- family home to Lot 14, Block 2, and remove all other structures on this site, as proposed. 16. Any existing domestic wells and/or septic systems and appurtenances relating to the existing residence within this project will have to be removed from their domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells may be used for non~domestic purposes such as landscape irrigation. 17. The applicant shall be responsible for payment of sewer and water assessments, as well as the actual physical connection to the municipal services for the existing home on Lot 14, Block 2. 18. The applicant is proposing to sewer this proposed development to the private lift station at The Couliyards at Ten Mile, however there is cUITently a City sewer project being designed that will abandon this lift station as well as the lift station at MeITywood Subdivision. The applicant shall install mains to and through, and coordinate with the City of Metidian Public Works Department, main size and routing, to be in conformance with the City's Master Sewer Plan. The applicant shall execute standard forms of easements for any mains that are required to provide service. FP-05-045 Exhibit "A" Lyndhurst Grove Sub FP.doc Mayor & City Council Hearing Date: July 19,2005 Page 4 19. Water service to this proposed development is being proposed via extensions of an existing main in West Pine Street. The applicant shall install water mains to and through this proposed development, and coordinate main size and routing with the Public Works Department. The applicant shall execute City of Meridian standard fonns of easements for any mains that are required to provide service. 20. Please submit a copy of the Ada County Street Name Committee's "Final" letter for the street names and lot & block numbeling. Make all cOlTections necessary to comply. 21. All areas being counted toward the 5% open space requirement shall be free of "wet ponds" or other such nuisances. All stormwater detention facilities incorporated into the required open space are subject to Ordinance 12-13-14 and shall be fully vegetated with grass and trees, as depicted on the submitted landscape plans. 22. 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 stonns up to and including a 100-year storm event. All stonn drainage must be in compliance with MCC 12-13-14, Stormwater Integration. 23. Staffs failure to cite specific ordinance provisions, or terms of the approved Annexation, Conditional Use PennitIPlanned Development, or Preliminary Plat does not relieve the Applicant of responsibility for compliance. GENERAL REOUIREMENTS 1. Any tree over 4" in caliper that is removed from the propeliy shall be replaced by installing additional trees, being the equivalent number of caliper inches of trees that were removed. Required landscaping trees will not be considered as replacement trees for those trees that have to be removed. 2. Street signs are to be in place, water system shall be approved and activated, fencing installed, drainage lots constructed, road base approved by the Ada County Highway District and the Final Plat for this subdivision shall be recorded, prior to applying for building pennits. 3. 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. 4. All development improvements, including sewer, fencing, micro-paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining celiificates of occupancy. FP-05-045 Exhibit "A" Lyndhurst Grove Sub FP.doc Mayor & City Council Hearing Date: July 19, 2005 Page 5 5. A letter of credit or cash surety in the amount of 110% will be required for all fencing, landscaping, amenities, pressurized ilTigation, sallitary sewer, water, etc., prior to signature on the final plat. 6. One-hundred-watt, high-pressure sodium streetlights will be required at locations designated by the Public Works Depaliment. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. Pinal design locations and quantity are detennined after power designs are completed by Idaho Power Company. The street light contractor shall obtain design and pennit from the Public Works Depaliment prior commencing installations. 7. Compaction test results must be submitted to the Melidian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 8. Applicant's engineer will be required to submit a signed, stamped statement celiifying that all street finish centerline elevations are set a minimum of three feet above the highest established normal groundwater elevation. 9. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Anny Corps of Engineers. 10. Applicant shall be responsible for application and compliance with and NPDES Permitting that may be required by the Enviromnental Protection Agency. 11. Coordinate fire hydrant placement with the City of Meridian Public Works Department. 12. Developer shall coordinate mailbox locations with the Meridian Post Office. STAFF RECOMMENDATION Staffrecommends approval of the final plat with the above stated comments and conditions. FP.05.045 Exhibit "A" Lyndhurst Grove Sub FP.doc ailey Engineering,lnc. CIVIL ENGINEERINGIPLANNINGICADD DATE: July 26,2005 TO: Mayor and City COlU1cil RE: Lyndburst Subdivision Deal' Mayor and City COlU1Cil, On behalf of our client we would like to state that Land Pro Development, Inc. agrees with all Site Specific Comments and Conditions set f01th in the final plat for Lyndhurst Subdivision. Thank you for your time and consideration, Sincerely, ~r~ Aj Lopez 1500 E.lron Eagle Drive + Eagle, Idaho 83616 + Tel.: 208-938-0013 + Fax: 208-938-0516 www.baileyengineers.com E:dlibll "H" BEFORE THE MERIDIAN CITY COUNCIL C/C July 26, 2005 IN THE MATTER OF THE APPLICATION OF FARWEST, LLC FOR FINAL PLA T APPROVAL FOR 21 SINGLE-FAMILY RESIDENTIAL BUILDING LOTS ON 6.22 ACRES IN AN R-4 ZONE LOCA TED EAST OF NORTH MERIDIAN ROAD AND NORTH OF EAST MCMILLAN ROAD IN A PORTION OF THE W Yz OF T.4N., R. IE., SECTION 30 CASE NO. FP-Os-044 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 July 26, 2005, and the Council finding that the 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: July 26,2005, 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 SAGUARO CANYON SUBDIVISION NO.4 LOCATED IN A PORTION OF THE W 12 OF T. 4N., R IE., SECTION 30, BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO 2005, ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR SAGUARO CANYON SUBDIVISION NO. 4/ (FP-05-044) Page 1 of 4 HANDWRITTEN DATE: 06/16/05, SHEET 1 OF 4, BRIGGS ENGINEERING, INC.", FARWEST, LLC, Developer, is Conditionally Approved subject to those conditions of Staff comments as set fOlih in the Memorandum to the Mayor and City Council fi:om Sonya Allen, Assistant City Planner for the Plmming and Zoning Department and Michael Cole, Development Services Coordinator for the Public Works Department, dated: Hearing Date: July 26, 2005, listing 14 SITE SPECIFIC REQUIREMENTS/FINAL PLAT and 14 GENERAL REQUIREMENTS, a true and conect copy of which is attached hereto marked Exhibit "A", and consisting of 5 pages, and by this reference incorporated herein, and the response letter from Farwest, LLC, a true and correct copy of which is attached hereto marked Exhibit "B" and consisting of 1 page, and by this reference incorporated herein, and the additional requirements from the action of the Council taken at their July 26, 2005 meeting as follows, to-wit: 1.1 Adopt the Recommendation of the Central District Health Depaliment as follows: The Central District Health requires after written approval from the approptiate 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 stonnwater 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 CUITent best management practices for stonnwater disposal and design a stormwater management system that is ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR SAGUARO CANYON SUBDIVISION NO. 4/ (FP-05-044) Page 2 of 4 preventing groundwater and surface water degradation. Manuals for guidance: 1. State of Idaho Catalog of Stonnwater Best Management Practices for Idaho Cities and Counties. Prepared by the Idaho Division of Environmental Quality, July 1997. 2. Stonnwater Best Management Practices Guidebook. Prepared by City of Boise Public Works Depaliment, May 2000. 2. The final plat upon which there is contained the Certification and signature of the City Clerk and the City Engineer verifYing that the plat meets the City's requirements shall be signed only at such time as: 1. The Plat dimensions are approved by the City Engineer; and 2. The City Engineer has verified that all off-site improvements are completed mId/or the appropriate letter of credit or cash has been issued guaranteeing the completion of off-site and required on-site improvements. NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAKINGS ANALYSIS The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code S 67-6521. An affected person being a person who has an interest ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR SAGUARO CANYON SUBDIVISION NO. 4/ (FP-05-044) Page 3 of4 in real property which may be adversely affected by this decision may, within twenty-eight (28) days after the date of this decision and order, seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held on the 2i.oth day of -:h ~l '0 ,2005. Attest: By: Copy served upon Applicant, the City Attomey. B)\ 1)[ 1'l.l'V\.J.6 0 ~lD City Clerk's Office v l Jpartment, Public Works Depmiment, and Dated: ?S" ~-1b ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR SAGUARO CANYON SUBDIVISION NO. 4/ (FP-05-044) Page 4 of 4 i\!.<\VOR I 'lI1"n~ ,k\\',','rd I"GAL /)1,1''\1{ 1i\II.NI 12()~).jf>(,.1)272 .1",1\ .jl>(,..j.lo~ err\' C.Ol'N('IL MlM [3IW., K~i\h 13]r,1 e:M;;~'~; dlC{}1 I'llHUC WOJ{KS BUILDING Ot:J'AR 1 MH\ I (20~1 Rl)S.~s()() 1';1\ 8XJ.12'l] Chri.,IiI1,' OVlllldl Shaull W:mlk Charles ivl. ROUIlIIW I'LAN1\rNU AND ZUNIN(; i)EPAll J',vIEt\T elm) 1(8.1.55.13 ' FAX l1K8,(,85~ ll'~" \'.t ,u \. ,I ~"\ ", STAFF REPORT: Hearing Date: July 26,2005 Transmittal Date: July 21,2005 To: From: Mayor and City Council Sonya Allen, Assistant City Plarmer ) ill Michael Cole, Development Services Coordinator (1,\ C Re: Saguaro Canyon Subdivision No.4 Final Plat approval of 21 Single-Family Residential Building Lots on 6.22 Acres in an R-4 Zone, by Farwest, LLC (File No. FP-05-044). 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: APPLICA TION SUMMARY & LOCATION The applicant, Farwest, LLC, has applied for Final Plat approval of 21 single-family residential building lots on 6.22 acres of land for Saguaro Canyon Subdivision No.4. The zoning designation for the proposed subdivision is R-4 (Low Density Residential). This subdivision will have a gross density of 3.4 d.u.!acre and a net density of 4.2 d.u.!acre. Saguaro Canyon Subdivision No.4 is located approximately 1/2 mile north of E. McMillan Road, approximately JAmile east of N. Meridian Road, in the west Y2 of Section 30, TAN., R.lE. The pressurized irrigation system within this development is to be owned and maintained by Settler's Irrigation District. A Conditional Use Permit/Planned Development was approved for this subdivision which allowed for reductions to the minimum requirements for the R-4 zone for the following: lot size (from 8,000 s.f. to 5,735 s.f.), house size (from 1,400 s.f. to 1,201 s.f.), street frontage (from 80-ft. to 60-ft. for perpendicular streets and from 40-ft. to 3D-ft. for cul-de-sacs/curves), and cul-de-sac length (from 450-ft. to 550-ft.). PP-OS.044 Exhibit "A" Saguaw Olllyon Sub4 rp.d(l(; Mayor & City Council Hearing Date: July 26,2005 Page 2 The final plat substantially complies with the approved preliminary plat. Staff recommends approval of Saguaro Canyon Subdivision No. 4 with the comments and conditions stated in this report. SITE SPECIFIC COMMENTS / FINAL PLAT ]. Applicant is to meet all terms of the approved Conditional Use Pennit (CUP-03-058), Preliminary Plats (PP-03~032 & PP-05-001) and Development Agreement (Inst. No. ] 04089430). 2. No more than 236 building permits may be issued within all phases of Saguaro Canyon Subdivision until such time as a second vehicular access is available to a public street. When a second public access is available, the applicant shall comply with the condition #8 page 7 of the Development Agreement (Instrument #I04089430/AZ-03-027), which states the applicant must rei inquish rights to the ingress/egress easement currently enjoyed by the Boyack property (now proposed as Phase 4) or offer it for sale to the property owners to the north and the south, at appraised fair market value. (The intent of this condition is to prohibit the use of said ingress/egress easement by Saguaro Canyon Subdivision for any purpose after the issuance of the 236th building pelmit.) 3. Fencing must be in c.ompliance with MCC 12-4-10. 4. Complete the Certificate of OWners. 5. Graphically depict a 5-foot wide Public Utilities, Drainage and Irrigation easement on the western boundary of Lot 25, Block 21. This will be an interior lot line to an existing phase. 6. Revise the following notes on the face ufthe plat dated 6/16/05: ( ] .) "..... . Meridian Ci ty streetlights over the ten and a half (I 02) adjacent to any.. ." The extra width is necessary, because of the sidewalk encroaching out ofthe Right-of-way, to obtain a 1 O-foot free and clear easement. (11.) Delete note. Does nut apply to this phase. 7. The applicant has indicated that Settler's Irrigation District will own and maintain the pressure irrigation system within this development. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. If a creek or well source is not available, a single~point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer shall be responsible for the payment of assessments for the irrigable common areas prior to signature on the final plat by the Meridian City Engineer. PP-05-044 Exhibit "A" Saguaro Canyon Sub4 FP.doc Mayor & City Council Hearing Date: July 26,2005 Page 3 8. All irrigation ditche$, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled pCI' City Ordinance J 2-4- I 3. Plans wi] I need to be approved by the appropriate inigation/drainage district, or lateral users association (ditch owners), with written approval or non-approval submitted to the Public Works Department If lateral users association approval can't be obtained, altemative plans shall be reviewed and approved by the Meridian City Engineer prior to final plat signature. 9. 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. 10. All areas being counted toward the 10% open space amenity shall be free of "wet ponds" or other such nuisances. All stonnwater detention facilities incorporated into the required open space are subject to MCC 12-13-14 and shall be fully vegetated wi th grass and trees. 11. Water service to this site is being proposed via an extension of water mains proposed in Saguaro Canyon #3. The applil:ant shall construct water mains to and through this proposed development. Coordinate size and routing with Public Works. Applicant shall execute City of Metidian standard fonns of easements, for any mains that are required to provide service. 12. Sanitary sewer service to this site shall be via main l1ne extensions from the North Slough TlUnk that has recently been constructed by the City of Metidian, and laterals proposed in Saguaro Canyon #3. The applicant will be responsible for constructing the lateral sewer to and through this proposed development, thereby making them available to adjacent properties. The subdivision designer is responsible for coordinating main sizing and routing with the Public Works Department. 13. Applicant shall submit a "FINAL" street name approval letter from the Ada County Street Name Committee prior to signature on the final plat by the Meridian City Engineer. 14. Staffs failure to cite speciflc ordinance provisions, or terms of the approved Development Agreement, Conditional Use Permit, or Preliminary Plat does not relieve the Applicant ofresponsibility for compliance. GENERAL REOUIREMENTS I. 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. PP-OS-044 Exhibit "/\... S<lguaru Canyon Sub4 FP.dlH: Mayor & City Council Hearing Date: July 26, 2005 Page 4 2. Street signs are to be in place, water system shall be approved and activated, f~ncil1g shall be installed, drainage lots constructed, road base shall be approved by the Ada County Highway District, and the Final Plat for this subdivision shall be recorded, prior to applying for building permits. 3. A letter of credit or cash surety in the amount of J 10% will be required for all uncompleted fencing, landscaping, amenities, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the final plat. 4. All developmcnt improvements, including but not limited to sewer, fencing, micro-paths, pressurized itTigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy. 5. All grading of the site shall be perfonned in confonnance with MCC 11-12-3H. 6. It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the fair Housing Act. 7. Applicant shall be responsible for application and compliance with any NPDES Pennitting that may be required by the Environmental Protection Agency. 8. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 9. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 9-1-4 and 9-4-8. WeBs may be used for non-domestic purposes such as landscape irrigation. ] O. One-hundred watt, high-pressure sodium streetlights will be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. Final design locations and quantity are determined after power designs are completed by Idaho Power Company. The street light contractor shall obtain design and permit from the Public Works Department prior commencing installations. Il. 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. 12. Applicant's engineer will be required to submit a signed, stamped statement certifying that all street finish centerline elevations are set a minimum of three feet above the highest established nOnTIal groundwater elevation. ] 3. Coordinate firc hydrant placement with the City of Meridian Public Works Department. 14. Developer shall coordinate mailbox locations with the Meridian Post Office. PP-05-044 Exhibit .. A" Saguaro Canyon Suh4 fP.doc Mayor & City Council Hcaring Datc; July 26, 2005 Page 5 STAFF RECOMMENDATION Staff recommends approval of the final plat with the above stated comments and conditions. PP-05-044 Exhibit "X' Sagu~ro Canyon Suh4 FPdoc .' IJ ~ L: Juiy ~5, 2005 Mayor and City Council City 0 f Meridian 33 Easlldiho AvenUe Melidian, TO 836.:12 Rc: Sugunro Canyon SII()(.H,'ision No.4 Finlll Plat (Fife No, Ff' U5-044) Deill Mayor anu Council: The following is in 1"CS1'0I1$13 lo s13ff>s comments. APPLJCATfON SlfMivW{.Y & LOCATION sm-.S.r~'lflCJWOt JlH.FMENTS The.: Applicant agrees with all Site Specific C0l11l11eI1!S. (No 1-14) CENERAT, RF..QUTREMENTS Tht: Applicant agrees with..ll general reyuir~lllen!s. (No [-ill) 'Ne he]ic~'c this leUer addresses all of )'ollr conccms. Plcasr: fee] D'!:;': 10 call me if Yell hnvC'. additioll"': comments or questions. Sincerely. ---? <.~. />-/??...-z.;<-- ~stin Martin / I' Briggs Enf,~nccring Inc, ,l'r-,\'i L 1_'~'./}f""".I...., !Ifu",-io' . /i..:. Il'/ ~'i.."~.U'-i'l' : --;:'.\' (~~~ ',';/.J .-:--\~: :}~ J// CITY OF MERIDIAN NOTICE OF PUBLIC HEARING AMENDING THE ZONING & SUBDIVISION DEVELOPMENT ORDINANCES NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the Laws of the State of Idaho that the City Council of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Avenue, Meridian, Idaho on Tuesday, July 26, 2005 at 6:00 p.m. for the purpose of reviewing and considering the applications of an ordinance to repeal Title 11 Zoning Regulations and Title 12 Subdivision Development of the Meridian City Code and to replace with a new Title 11 Unified Development Code. The new ordinance embodies the official zoning ordinance of the City of Meridian to provide for orderly growth and development and carry out the policies of Meridian's Comprehensive Plan. The Unified Development Code will not include the R-3 and T -E zoning classifications. Properties that currently have these zones will be rezoned to R-2 and L-O respectively. More and all specific changes can be reviewed by going to the City of Meridian's web site at www.meridiancitv.ora and searching on the Planning and Zoning Department's web page. You may also view and inspect the application at the City Clerk's Office at 33 East Idaho Avenue, Meridian, Idaho and the Planning and Zoning Department at 660 East Watertower Lane, Meridian, Idaho during regular business hours, Monday through Friday, from 8:00 a.m. to 5:00 p.m. If you would like to purchase a paper copy and I or disk copy, please call in advance to the Planning and Zoning Department at 884-5533 or the City Clerk's Office at 888-4433. Any and all interested persons shall be heard at said public hearing, and the public is welcome and invited to submit testimony. Oral testimony may be limited to three (3) minutes per person. Written materials I testimony may be submitted seven (7) days prior to the above hearing date so that all interested parties may examine them prior to the hearing. All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and I or hearings, please contact the City Clerk's Office at 888-4433 at least 72 hours prior to the p' . meeting. ,S d5; Dated this 1 st day of July, 2005. - :,- (!c l.\,. William G. Berg, Jr. -: Cit le&IDAIl: Publish July 4th and July 18th, 2005 . . . . . . 0'" -c --I )>s: Q) I ^ Q) Q) 0 0--< CD ~" ...., r-t- :J " Q) < OJ ...., C) CD """- 0 Q) (J) CD 3 ~ a(J) CD :J CJ) 00" Q) "'C ;::+ C C CJ) Q) ::r ...., -c -c CD Q) 3 0 Sl "'0 -s Q) ....... Q) CJ) " ...., (j) " ...., Q) " 3 """- CD ~ :J W CD :J 0 ....... co 0- W """- C II "'U I\.) 0 :J Q) ....., 0 0- '< '< CJ1 co II ...., I 0 C :J -0 0- ....., -- 0 ....., -- -Efl r-+ -Efl '< ...).. ...).. .y; .........t ~ .........tc..n~ 0 ~ ~010~.........t (j) I\.) ....0 ~CJ1 ..CD 5J) c..n ~OCD01(x) ....., W 1\..)0.........tCD(J) C. CJ1 .cooo(X)~ CD ....., Please keep the existing Meridian Road and Main Street traffic configuration in place Public Hearing on the Downtown Meridian Transpoliation Management Plan, July 26, 2005 Written testimony of: Christopher Broer, 387 West Woodbury Drive, Meridian I don't support spending millions of tax dollars to widen Meridian Road, because of the many negative effects such widening would have on our existing neighborhoods. Putting a road that has as many lanes as Eagle Road through an originally residential neighborhood wouldn't affect just the homeowners directly on Meridian Road. Everyone who's between the interstate and the far-flung areas these proposals would encourage development in, would eventually have more traffic coming through their neighborhoods as a result. Those of us near Meridian Road would not only have a diminished quality oflife from the additional traffic, but our families' biggest assets, our existing homes, will lose value for two reasons: First, there will be less demand for our existing homes because people won't want to live next to the new heavier traffic corridor. As the January 19,2005 Idaho Statesman repolied, the traffic streets bear influences the desirability of a neighborhood. Second, there would be an additional supply of new homes in far-flung areas of Meridian from people who view the current commute time to there as too long, but who would build out there ifthose of us "down stream" were paved over. We're already more densely populated than either Boise or Garden City, and three times more densely populated than Eagle, per the U.s. Census Bureau. These proposals might be wolih consideting if the only winners were the current commuters in Meridian. If these proposals were coupled with a building moratorium, it could then be said the benefits of increased capacity would fully accrue to existing taxpayers. But we all know that as soon as capacity is added, it will only encourage more development such that the new, wider road is right back up to the same COlmnute time within a couple of years. I support the free market. If developers want to build large subdivisions in the far-flung parts of Meridian, they shouldn't be subsidized by taxpayer dollars for these proposals. Existing residents are told to "compromise" to allow such an increase in all these lanes. I would respectfully state that the best way to maintain quality of life for existing residents is to maintain the current system, save our tax dollars, and allow traffic to act as a natural brake on excess growth. Pedestrians who now walk across two lanes of Meridian Road to get to downtown will have to walk across up to five lanes according to these proposals, ironically making it less desirable for them to walk. Finally, since the roads need to be widened primarily because of new subdivisions being approved far from downtown, impact fees from those developers should pay for these projects, not tax dollars. If our impact fees aren't high enough, they can be raised. Please let our existing traffic layout remain in place. Thank you for your consideration. July 22. 2005 MERIDIAN CITY COUNCIL MEETING APPLICANT Mayor's Office Department Reports July 26.2005 ITEM NO. 6-A-l REQUEST Proclamation for Cover the Blue 2005 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: OTHER: ~ Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meetings shall become property of the City of Meridian. The OjJice of the Mayor City of Meridian WHEREAS, due to the increased cost of fuel, food and other necessities, the agencies that provide foodfor needy Idahoans have a crucial need for donations this summer; and WHEREAS, Idahoans have always responded with compassion and generosity to their neighbors in need and this is a time when we must all reach out to the members of our communities who are most impacted by these conditions; and WHEREAS, in response to those needs KQF'C Radio, the Boise Rescue Mission and the Salvation Army are presenting The Coverthe Blue Summer Food Drive to give Idahoans throughout the state a way to donate food and other essential items to their most needy neighbors; and WHEREAS, by gathering enough food to cover the turf at Bronco Stadium we can show our community that Idahoans are all in good hands; NOW, THEREFORE, I, Tammy de Weerd, Mayor of the City 6fMeridian, do hereby proclaim August 1-5,2005, to be COVER THE BLUE 2005 Reducing 11lmger in Idaho, and I encourage all individuals, businesses, organizations and families to support this project to help our hungry neighbors. Tammy de Weerd, Mayor Shaun Wardle, Council President Keith Bird, City Council Charlie Rountree, City Council Christine Donnell, City Council Jul-25-05 Og:JIJ~ A Eng;neers~ INC 2083425792 P_Ol . B & A Engineers, Inc, Consulting Engineers & Land Surveyors 5505 West Franklin Road. Boise, ID 83705 Telephone 208+343+3381 Facsimile 208+342+5792 City of Meridian City Clerk Office To: Danny little ZGA Architects Telephone: 345+8872 Facsimile: 343+7162 Joe Canning, PE/PLS 0(f)C-- Telephone: 343-3384-------' Facsimile: 342-5792 &J r~~ 13 "'--1' '1- }\,~ Ii cu B From: Date: 25 July 2005 Pages: Method: Facsimile Only Subject: Fire Station #4 ACHD Eagle Road R!W Acquisition Information Danny: The information contained within the package the our office picked up covers a small (262 square foot) area at the northeast corner of the Fire Station #4 site. There is no information being requested other than signing the documents and returning them to the ACHD. I see no negative impact to the fire station project. If there is question about the compensation proposed, others must make that determination. We will return the package to you. HLQ~ (!./ l--bsf fLJ bi ! c- t\J dtt tC ~l ~0. Y\ ItsI I CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, July 26, 2005 at 7:00 P.M. City Council Chambers 33 East Idaho Avenue, Meridian, Idaho 1. Roll-call Attendance: Shaun Wardle Christine Donnell Charlie Rountree _ Keith Bird _ Mayor Tammy de Weerd 2. Pledge of Allegiance: 3. Community Invocation by Pastor Craig Flinn, with Meridian Alliance Church: 4. Adoption of the Agenda: 5. Consent Agenda: A. Approve Minutes of June 21,2005 City Council Regular Meeting: B. Approve Minutes of June 7, 2005 City Council Regular Meeting: C. Approve Minutes of June 28, 2005 City Council Regular Meeting: D. Findings of Fact and Conclusions of Law for Approval: AZ 05- 007 Request for Annexation and Zoning of 43.18 acres from RUT to R-8 zone for Bellinaham Park Subdivision by Gemstar Development, LLC - north of Amity Road and east of South Locust Grove Road: E. Findings of Fact and Conclusions of Law for Approval: PP 05- 009 Request for Preliminary Plat approval of 166 building lots and 37 common lots on 43.18 acres in a proposed R-8 zone for Bellinaham Park Subdivision by Gemstar Development, LLC - north of Amity Road and east of South Locust Grove Road: F. Findings of Fact and Conclusions of Law for Approval: CUP 05-008 Request for a Planned Development consisting of 166 residential units with reductions to the minimum requirements for Jot Meridian City Council Meeting Agenda - July 26, 2005 Page 1 of 6 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. size, street frontage and yard setbacks for Bellinqham Park Subdivision by Gemstar Development, LLC - north of Amity Road and east of South Locust Grove Road: G. Findings of Fact and Conclusions of Law for Approval: AZ 05- 017 Request for Annexation and Zoning of 137.96 acres from RUT to R-8 zone for Messina Meadows Subdivision by Tuscany Development, Inc. - on South Eagle Road between East Victory Road and East Amity Road: H. Findings of Fact and Conclusions of Law for Approval: PP 05~ 019 Request for Preliminary Plat approval of 491 building lots and 67 other lots on 136.72 acres i14 a proposed R-8 zone for Messina Meadows Subdivision by Tuscany Development, Inc. - on South Eagle Road between East Victory Road and East Amity Road: Findings of Fact and Conclusions of Law for Approval: CUP 05-026 Request for a Conditional Use Permit for a Planned Development for single-family detached residential building units and single-family attached patio homes in a proposed R-8 zone for Messina Meadows Subdivision by Tuscany Development, Inc. - on South Eagle Road between East Victory Road and East Amity Road: J. Award of Bid for Well No. 26 Pumpinq Facilities to Star Construction. LLC: K. Water Main Easement Aareement for Park's Westside Bodv Works bv Tim Wallace: L. Water Main Easement Aareement for Waltman Court Subdivision: M. Water Main Easement Aareement for Ustick Marketplace. LLC: N. Purchase Aareement and Permanent Easement Aareement with Ada County Hiqhway District for Eaqle Road. Victory to Ridenbauah: O. Development. Reimbursement and Conveyance Aareement for Champion Park: P. Award of Bid for 2005 Sewer Cleanina I TV Inspection Proiect to Pipeline Inspection Services: Meridian City Council Meeting Agenda - July 26, 2005 Page 2 of 6 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Q. Consultina Aareement and Scope of Work with Washinaton Group International for North Meridian Area Traffic Study: R. Aareement for Pretreatment Modifications with CH2M HILL: Proaram Application S. Aqreement for On-Goina Consultation to Water Department with Hydro Lactic: T. Aareement for Municipal Water Riahts Proiect with HYdro LoC/ic. Inc.: U. AC/reement for Supply Well .# 27 Professional Services with Hydro LoC/ic. Inc.: V. Aareement for Ground Water Studies with Hydro LoC/ic. Inc.: W. Aareement for Supply Well Evaluations with Hydro LoC/ic. Inc.: X. Request for Funds No.3 for Meridian Sf. Center Rehabilitation Proiect ICDBG 04-111-01-SR: Y. Development Agreement: AZ 04-033 Annexation and Zoning of 15.92 acres from C-2 and RUT zones to C-G zone for Stor-It by Avest LP - 355 North Ten Mile Road: Z. Development Agreement: AZ 05-008 Annexation and Zoning of 41.27 acres from RUT to R-4 for a new middle school for McMillan and Meridian Middle School by Joint School District No.2 - NEC of McMillan and Meridian Roads: AA. Approve Beer and Wine Licenses for Pier 49 Pizza - 1551 West Cherrv Lane #102: BB. Resolution No. Setting Forth Certain Findings and Purposes Authorizing the Sale of Surplus Property at Public Auction; Authorizing the Mayor of the City of Meridian to Sell Surplus Propertv Located on Lot 63. Block 14 in Thousand Sprinas Subdivision No.5: CC. Resolution No. : Declarina the Intent of the Citv of Meridian to Convey to the Meridian Development Corporation Certain Real Property Located at 55 East Broadway Avenue in the City of Meridian and Leaally Described as Lots 20 and 21 of Block 1 of the Meridian Meridian City Council Meeting Agenda - July 26, 2005 Page 3 of 6 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 8884433 at least 48 hours prior to the public meeting. Townsite: Instructinq the City Clerk to Establish and Notice a Hearinq to Review the Proposed Conveyance: 6. Department Reports: A. Mayor's Office: 1. Proclamation for Cover the Blue 2005: B. Parks and Recreation Department - Doug Strong: 1. NaminCl of Park Located in Autumn Faire Subdivision: 2. Placement of Western "HeritaQe Historic Bvwav SiQn in Storey Park: 7. (Items Moved from Consent Agenda) 8. Request for Reconsideration from Parks Commission reqardinq Messina Meadows Subdivision: 9. FP 05-043 Request for Final Plat approval for 241 single family residential building lots and 11 common area lots on 72.53 acres in a R-4 zone for Saauaro Canyon Subdivision No.3 by Farwest, LLC - east of North Meridian Road and north of East McMillan Road: 10. FP 05-044 Request for Final Plat approval for 21 single family residential building lots on 6.22 acres in a R-4 zone for Saauaro Canyon Subdivision No.4 by Farwest, LLC - east of North Meridian Road and north of East McMillan Road: 11. FP 05-045 Request for Final Plat approval for 36 single family residential building lots and 5 common area lots on 6.26 acres in a R-8 zone for Lvndhurst Grove Subdivision by Land Pro Development, LLC - east of North Ten Mile Road on the north side of West Pine Street: 12. TE 05-007 Request for a One Year Time Extension for CUP 03-048 for Buich Subdivision (aka Cherry Lane Office Park Subdivision) by Pinnacle Engineers, Inc. - 2150 Cherry Lane: I'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. " 13. Public Hearing: PFP 05-003 Request for Preliminary Final Plat approval for 2 building lots on 1 .84 acres in a I-L zone for Marce Subdivision by Meridian City Council Meeting Agenda - July 26, 2005 Page 4 of 6 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings please contact the City Clerk's Office at 888.4433 at least 48 hours prior to the public meeting. James Wylie - southwest corner of Fairview Avenue and North Eagle Road: 14. Public Hearing: PFP 05-002 Request for Preliminary / Final Plat approval for three building lots on 5.93 acres for Monica Subdivision by 82 Investments, LLC - north of West Franklin Road and west of North Linder Road: 15. Public Hearing: VAR 05-011 Request for a Variance to allow a second free-standing monument sign on the same street frontage for .!:Sln.9. Electric Si{:1ns for King Electric Signs - 2200 South Cobalt Pointe Way: 16. Public Hearing: AZ. 05-016 Request.for Annexation and Zoning of 28.65 acres from RUT to R-1S and L-O zones for Silver Oaks Subdivision by Charter Builders, Inc. - north of West Franklin Road and west of North Ten Mile Road: 17. Public Hearing: CUP 05-024 Request for a Conditional Use Permit for a Planned Development for multi-family / clubhouse / office / daycare development with no minimum street frontage and multiple buildings on a single lot on 28.65 acres in proposed R-15 and L-O zones for Silver Oaks Subdivision by Charter Builders, Inc. - north of West Franklin Road and west of North Ten Mile Road: 18. Public Hearing: PP 05w023 Request for Preliminary Plat approval for 1 multi-family residential building lot and 1 commercial office lot on 28.6 acres in proposed R-15 & L-O zones for Silver Oaks Subdivision by Conger Management Group - west of Ten Mile Road and north of West Franklin Road: 19. Public Hearing: AZ 05-023 Request for Annexation and Zoning of 39.47 acres from RUT to C-N zone for Cherry Lane Christian Church by BRS Architects - NWC of Ten Mile Road and Franklin Road: 20. Public Hearing: RZ 05w007 Request for a Rezone of .13 acres from R-8 zone to O-T zone for Meridian Counselina & Wellness Center by Ruth & Jeff Ulmer - 934 East 5th Street: 21. Public Hearing: CUP 05w028 Request for a Conditional Use Permit for a counseling and massage therapy center in a proposed O-T zone for Meridian Counselina & Wellness Center by Ruth & Jeff Ulmer - 934 East 5th Street: 22. Public Hearing: PP 05-022 Request for Preliminary Plat approval of 4 building lots and 1 common lot on 1.74 acres in a L -0 zone for Woodpenn Subdivision by Pennwood [II, LLC - 429 SW 51h Avenue: Meridian City Council Meeting Agenda - July 26, 2005 Page 5 of 6 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents andfor hearings please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. 23. Public Hearing: CUP 05-030 Request for a Conditional Use Permit for a commercial Planned Development on 1.74 acres in a L-O zone for Woodpenn Subdivision by Pennwood III, LLC - 429 SW 5th Avenue: 24. Public Hearing: AZ 05-018 Request for Annexation and Zoning of 29.18 acres to R-4, R-8 & R-15 zones for WestborouQh Square Subdivision by JLJ Enterprises, Inc. - SEC of Jericho Road and Chinden Boulevard: 25. Public Hearing: PP 05-020 Request for Preliminary Plat approval for 7 building lots and 1 common lot on 5.39 acres in a proposed R-15 zone for WestborouQh Square Subdivision by JLJ Enterprises, Inc. - SEC of Jericho Road and Chinden Boulevard:... 26. Public Hearing: CUP 05-027 Request for Conditional Use Permit I Planned Development approval of a mixed-use development consisting of 10 multi-family buildings and 6 office buildings with multiple buildings on a single lot and a waiver of the street frontage requirement in a proposed R- 15 zone for WestborouQh Square Subdivision by JLJ Enterprises, Inc. - SEC of Jericho Road and Chinden Boulevard: 27. Ordinance No. AZ 05-014 Request for an Annexation and Zoning of 19.72 acres from RUT to a R-8 zone for Sicilv Subdivision by Landmark Engineering and Planning - south of East Victory Road and west of South Locust Grove Road: 28. Ordinance No. AZ 05-022 Request for Annexation and Zoning of 1.3 acres from RUT to L -0 zone for Touchmark Subdivision by Touchmark of the Treasure Valley - south of East Franklin Road and east of South Eagle Road: 29. Ordinance No. AZ 05-008 Request for an Annexation and Zoning of 41.27 acres from RUT to R-4 for a new middle school for McMillan and Meridian Middle School by Joint School District NO.2 - NEe of McMillan and Meridian Roads: Meridian City Council Meeting Agenda - July 26. 2005 Page 6 of 6 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Plffisc Post- Qf f41~I\G No-nCL:- --mM,~~ CITY OF MERIDIAN CITY COUNCIL SPECIAL MEETING AGENDA Tuesday, July 26, 2005 at 6:00 p.m. City Council Chambers 1. Roll-call Attendance: Shaun Wardle Christine Donnell Charlie Rountree Keith Bird _ Mayor Tammy de Weerd 2. Adoption of the Agenda: "Although the City of Meridian no longer requires sworn testimony, all presentations before the Mayor and City Council are expected to be truthful and honest to best of the ability of the presenter." 3. Public Hearing: Downtown Meridian Transportation Management Plan - consider adoption of plan which recommends preferred layout for Downtown Traffic Patterns: 4. Public Hearing: Application for an Ordinance for a New Title 11 Unified Development Code replacing I repealing Title 11 Zoning Regulations and Title 12 Subdivision Development of the Meridian City Code: Meridian City Council Special Meeting Agenda - July 26, 2005 Page 1 of 1 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. DATE TIME TO/FROM 09 071'22 17: 13 3810160 10 071'22 17: 14 PUBLIC WORKS 11 07/22 17: 15 12084664405 12 07/22 17: 16 8841159 13 071'22 17: 17 2088840744 14 1371'22 17: 18 POLICE DEPT 15 07/22 17: 18 8985501 16 07/22 17: 19 LIBRARY 17 07/22 17:20 92083776449 18 071'2217:21 3886924 19 137/2217:22 P-J'lND-Z 20 07/22 17:23 895 0390 21 07/22 17'23 128300040 22 07/22 17: 25 208 387 6393 23 07/22 17:25 ADA CTY DEUELMT 24 137/22 17:26 2088885052 25 071'22 17: 27 CHERRY LANE 26 071'22 17: 29 IDAHO ATHLETl C C 27 07/22 17:29 ID PRESS TRIBUNE 28 07/22 17:31 2088886701 MODE M!WSEC PGS EC--S 00'30" 001 EC--S 013' 21" 001 EC--S 00' 22" 001 EC--S 130'21" 001 EC--S 00'22" 001 EC--S 00' 21" 001 EC-S 00'21" 001 EC--S 00'24" 001 EC--S 00'22" <'llOll EC--S 00' 21" 0131 EC--S 013'22" 001 EC--S 00'21" 001 G3--S 00' 27" 001 EC--S 00' 21" 001 EC--S 00' 21" 001 EC--S 00'21" 001 G3--S 00' 40" 001 EC--S 00' 21" 001 EC-S 00' 21" 0131 EC--S 00'20" 001 Plrosc WSj-10 tllbllc...1'J011.Ct..- - 1\'1(l{\i(S! CITY OF MERIDIAN crTY COUNCIL SPECIAL MEETING AGENDA Tuesday, July 26, 2005 at 6:00 p.m. 1. Roll-call Attendance: Shaun Wardle = Charlie Rountree Adoption of the Agenda: City Council Chambers CMDU STATUS 021 OK 021 OK 021 OK 021 OK 021 OK 1321 OK 021 OK 021 OK 021 OK 021 OK 021 OK 021 OK 021 OK 1321 OK 1321 OK 1321 OK 021 OK 021 OK 021 OK 021 OK Christine Donnell Keith Bird _ Mayor Tammy de Weerd "Although the City of Meridian no longer requires sworn testimony, all presentations before the Mayor and City Council are expected to be truthful and honest to best of the ability of the presenter. .. 3. Public Hearing: Downtown Meridian Transportation Management Plan - consider adoption of plan which recommends preferred layout for Downtown Traffic Pattems: 4. Public Hearing: Application for an Ordinance for a New Title 11 Unified Development Code replacing I repealing Tille 11 Zoning Regulations and Title 12 Subdivision Development of the Meridian City Code: Meridian City Council Special Mlleting Agenda - July 26. 2005 Page 1 of 1 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiling accommodation for disabilities relat~ to dOalments an<LIor hearings, please contad the Cily Cler1(s Office at 688-4433 at least 46 hOUrll plior to the public meeting.